Case: Davis v. Commonwealth Election Commission

U.S. Court of Appeals for the Ninth Circuit

COMPLAINT against Commonwealth Election Commission, Robert A. Guerrero, Eloy S. Inos, Frances M. Sablan (Filing Fee: $400.00, Receipt Number: MPX1 3090.) filed by John H Davis, Jr. (Attachments: # 1 Civil Cover Sheet) (BTC) (Entered: 01/27/2014)

1 Civil Cover Sheet

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Summons Issued as to Commonwealth Election Commission. (BTC)

Summons Issued as to Frances M. Sablan. (BTC)

Summons Issued as to Robert A. Guerrero. (BTC)

Summons Issued as to Eloy S. Inos. (BTC)

ANSWER to Complaint for Declaratory Judgment and Injunctive Relief by Commonwealth Election Commission, Robert A. Guerrero, Eloy S. Inos, Frances M. Sablan. Related document: 1 Complaint filed by John H Davis, Jr.. (Brasington, Charles) (Entered: 02/12/2014)

ORDER RE:Case Management Conference. Case Management Conference set for 2/25/2014 08:30 AM in Courtroom 101 before Chief Judge Ramona V. Manglona.. Signed by Chief Judge Ramona V. Manglona on 02/13/2014. (BTC) (Entered: 02/13/2014)

MOTION for Summary Judgment Jeanne H. Rayphand appearing for Plaintiff John H Davis, Jr Responses due by 3/6/2014 (Attachments: # 1 Affidavit Declaration of Plaintiff) (Rayphand, Jeanne) (Entered: 02/16/2014)

1 Affidavit Declaration of Plaintiff

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Set/Reset Hearings: re 4 MOTION for Summary JudgmentMotion Hearing set for 3/20/2014 01:30 PM in Courtroom 101 before Chief Judge Ramona V. Manglona. (BTC)

STIPULATION re 3 Case Management Conference Setting and (Re) Set Dated for Cross Motions, Oppositions, Replies and Hearing by Eloy S. Inos, Frances M. Sablan, Commonwealth Election Commission, Robert A. Guerrero David Lochabay appearing for Defendants Eloy S. Inos, Frances M. Sablan, Commonwealth Election Commission, Robert A. Guerrero (Lochabay, David) (Entered: 02/18/2014)

ORDER Granting 5 Stipulation to Vacate Case ManagementConference Setting And (Re)set Dates for Cross Motions,Oppositions, Replies And Hearing. Signed by Chief Judge Ramona V. Manglona on 02/19/2014. (DPB) (Entered: 02/19/2014)

Set/Reset Hearings Re: 6 . All Motion Hearings will be heard on 4/24/2014 01:30 PM in Courtroom 101 before Chief Judge Ramona V. Manglona. (DPB)

Set Hearing: In Chambers Conference set for 2/24/2014 12:45 PM in Chambers before Chief Judge Ramona V. Manglona. (ACH)

Minute Entry for proceedings held before Chief Judge Ramona V. Manglona: In Chambers Conference held on 2/24/2014. Attorney Jeanne Rayphand appeared on behalf of plaintiff. Attorneys Gilbert Birnbrich and David Lochabay appeared on behalf of defendants. (ACH)

STIPULATION to Extend Page Limit by Eloy S. Inos, Frances M. Sablan, Commonwealth Election Commission, Robert A. Guerrero, Joint MOTION for Order to Extend Page Limit Charles E. Brasington appearing for Defendants Eloy S. Inos, Frances M. Sablan, Commonwealth Election Commission, Robert A. Guerrero (Brasington, Charles) (Entered: 02/27/2014)

DOCKETED IN ERROR-- Pursuant to General order 12-2 Proposed Orders are not to be electronically filed Proposed MOTION for Order re 7 STIPULATION to Extend Page Limit by Eloy S. Inos, Frances M. Sablan, Commonwealth Election Commission, Robert A. GuerreroJoint MOTION for Order to Extend Page Limit Charles E. Brasington appearing for Defendants Commonwealth Election Commission, Robert A. Guerrero, Eloy S. Inos, Frances M. Sablan (Brasington, Charles) Modified on 2/27/2014 (DPB). (Entered: 02/27/2014)

ORDER Granting 7 Stipulation as to Page Extension. Signed by Chief Judge Ramona V. Manglona on 02/27/2014.(DPB) (Entered: 02/27/2014)

Terminate Motion: 7 Stipulation as to Page Extension. (TPM)

Terminate Document: 8 (Document Docketed in Error). (TPM)

Cross MOTION for Summary Judgment Charles E. Brasington appearing for Defendants Commonwealth Election Commission, Robert A. Guerrero, Eloy S. Inos, Frances M. Sablan (Attachments: # 1 Supplement Memorandum in Support of Defendants' Opposition to Plaintiff's Motion for Summary Judgment and Cross Motion for Summary Judgment, # 2 Supplement Notice of Cross Motion for Summary Judgment) (Brasington, Charles) (Entered: 03/20/2014)

1 Supplement Memorandum in Support of Defendants' Opposition to Plaintiff

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2 Supplement Notice of Cross Motion for Summary Judgment

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NOTICE Of Intent to Take Judicial Notice. Signed by Chief Judge Ramona V. Manglona on 03/24/2014. (BTC) The Court intends to take judicial notice of census counts and demographic information in the following documents: Report on the Administration of the Trust Territory of the Pacific Islands for the Period July 1, 1948 to June 30, 1949) # 1 Report on the Administration of the Trust Territory of the Pacific Islands for the Period July 1, 1949 to June 30, 1950, # 2 Report on the Administration of the Trust Territory of the Pacific Islands for the Period July 1, 1951 to June 30, 1952) Handbook on the Trust Territory of the Pacific Islands (Navy Dept, 1948) Modified on 5/23/2017 (TVW). (Entered: 03/24/2014)

RESPONSE in Opposition re 4 MOTION for Summary Judgment, 10 Cross MOTION for Summary Judgment, RESPONSE in Support filed by John H Davis, Jr. (Rayphand, Jeanne) (Entered: 04/09/2014)

RESPONSE in Opposition re 12 Response in Opposition to Motion, Response in Support of Motion Reply to Plaintiff's Opposition to Defendants' Cross Motion for Summary Judgment filed by Commonwealth Election Commission, Robert A. Guerrero, Frances M. Sablan. (Brasington, Charles) (Entered: 04/17/2014)

Minute Entry for proceedings held before Chief Judge Ramona V. Manglona: Motions Hearing held on 4/24/2014 re 4 Motion for Summary Judgment filed by John H Davis, Jr., 10 Cross Motion for Summary Judgment filed by Eloy S. Inos, Frances M. Sablan, Robert A. Guerrero, Commonwealth Election Commission. (Court Reporter PAG) (TPM) (Entered: 04/28/2014)

Motions Taken Under Advisement: 4 Motion for Summary Judgment, 10 Cross MOTION for Summary Judgment . (TPM)

MEMORANDUM DECISION and ORDER Granting In Part and Denying In Part Plaintiff's Motion and Defendant's Cross Motion for Summary Judgment re: 4 and 10 . Signed by Chief Judge Ramona V. Manglona on 05/20/2014. (BTC) (Entered: 05/20/2014)

BILL OF COSTS PLAINTIFF'S REQUEST FOR COSTS AND FEES by John H Davis, Jr. (Rayphand, Jeanne) (Entered: 05/22/2014)

RESPONSE filed by Frances M. Sablan, Commonwealth Election Commission, Robert A. Guerrero re 16 Bill of Costs LR 7.1(c) Statement of No Opposition. (Brasington, Charles) (Entered: 05/30/2014)

ORDER Awarding Fees and Taxing Costs re 16 . Signed by Chief Judge Ramona V. Manglona on 06/02/2014. (BTC) (Entered: 06/02/2014)

ENTRY of Judgment. Signed by Clerk of Court Heather L. Kennedy on 6/2/2014. (TVW) (Entered: 06/02/2014)

NOTICE OF APPEAL as to 15 Memorandum Decision and Order Granting in Part and Denying in Part Plaintiff's Motion and Defendant's Cross Motion for Summary Judgment. Filing fee $ 505, receipt number MPX1-0003259. (TVW) (Entered: 06/05/2014)

TRANSCRIPT Designation and Ordering Form (DPB ) (Entered: 06/20/2014)

TRANSCRIPT of Motion for Summary Judgment/Cross Motion for Summary Judgment Proceedings held on 04/24/2014 before Judge Chief Judge, Ramona V. Manglona. Court Reporter: PAG. Pursuant to Judicial Conference Policy, this transcript will be available for inspection and review at the office of the Clerk of Court for a 90 day period, beginning from the date of filing. If you would like a copy of the transcript during the 90 day period it will be available for purchase from the court reporter. After 90 days this transcript will be remotely available to the public through PACER. (BTC) (Entered: 07/25/2014)

UNITED STATES Court of Appeals For The Ninth Circuit ORDER (DPB ) (Entered: 10/15/2014)

Emergency MOTION to Expedite Briefing & Hearing of Defendant's Motion to Sequester Ballots Pending Appeal Charles E. Brasington appearing for Defendants Commonwealth Election Commission, Robert A. Guerrero, Eloy S. Inos, Frances M. Sablan (Attachments: # 1 Exhibit Stipulation of Parties) (Brasington, Charles) (Entered: 10/15/2014)

ORDER Granting Motion to Expedite and Setting Briefing Schedule and Hearing re: 24 Motion to Expedite. Signed by Chief Judge Ramona V. Manglona on 10/15/2014. (BTC) (Entered: 10/15/2014)

Set/Reset Hearings: re 25 Order on Motion to Expedite Motion Hearing set for 10/29/2014 02:00 PM in Courtroom 101 before Chief Judge Ramona V. Manglona. (BTC)

MOTION for Preliminary Injunction Pending Appeal Charles E. Brasington appearing for Defendants Commonwealth Election Commission, Robert A. Guerrero, Eloy S. Inos, Frances M. Sablan (Attachments: # 1 Notice of Motion, # 2 Affidavit Declaration of R. Guerrero, # 3 Affidavit Declaration of Counsel) (Brasington, Charles) (Entered: 10/15/2014)

1 Notice of Motion

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2 Affidavit Declaration of R. Guerrero

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3 Affidavit Declaration of Counsel

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Reset Hearings: re Set/Reset Hearings Motion Hearing set for 10/29/2014 at 2:00 PM is re-set to 10/29/2014 at 02:30 PM in Courtroom 101 before Chief Judge Ramona V. Manglona. (BTC)

Reset Hearings: re Set/Reset Hearings Motion Hearing set for 10/29/2014 at 2:30PM is re-set to 10/27/2014 at 01:30 PM in Courtroom 101 before Chief Judge Ramona V. Manglona. (BTC)

PLAINTIFF'S OPPOSITION To Motion for Sequestration of Ballots Pending Appeal re 26 MOTION for Preliminary Injunction Pending Appeal filed by John H Davis, Jr. (BTC) (Entered: 10/21/2014)

Minute Entry for proceedings held before Chief Judge Ramona V. Manglona: Motion Hearing held on 10/27/2014 re 26 Motion for Sequestration of Ballots Pending Appeal filed by Eloy S. Inos, Frances M. Sablan, Robert A. Guerrero, Commonwealth Election Commission. (Attachments: # 1 Exhibit and Witness List) (Court Reporter FTR) (TPM) (Entered: 10/27/2014)

Motion Taken Under Advisement: 26 Motion for Sequestration of Ballots Pending Appeal, filed by Defendants. (TPM)

DECISION and ORDER Denying Defendants' Motion for Sequestration of Ballots Pending Appeal. Signed by Chief Judge Ramona V. Manglona on 10/27/2014. (TVW) (Entered: 10/27/2014)

Terminate Motion: 26 Motion for Sequestration of Ballots Pending Appeal. (TPM)

USCA OPINION of United States Court of Appeals re 20 Notice of Appeal (BTC) (Entered: 12/28/2016)

ORDER of United States Court of Appeals re 20 Notice of Appeal filed by Eloy S. Inos, Frances M. Sablan, Robert A. Guerrero, Commonwealth Election Commission (BTC) (Entered: 02/28/2017)

MANDATE of United States Court of Appeals re 20 Notice of Appeal. (FPA) (Entered: 03/08/2017)

Order on Motion for Preliminary Injunction

Order on Motion for Order

Order on Motion for Order