Case: Tingley v. Ferguson

U.S. Court of Appeals for the Ninth Circuit

COMPLAINT against defendant(s) Robert W. Ferguson, Kristin Peterson, Umair A. Shah (Receipt # AWAWDC-7083116) Attorney Kristen K Waggoner added to party Brian Tingley(pty:pla), filed by Brian Tingley. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Summons to Robert W. Ferguson, # 4 Summons to Umair A. Shah, # 5 Summons to Kristin Peterson, # 6 Civil Cover Sheet)(Waggoner, Kristen) (Entered: 05/13/2021)

1 Exhibit A

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2 Exhibit B

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3 Summons to Robert W. Ferguson

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4 Summons to Umair A. Shah

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5 Summons to Kristin Peterson

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6 Civil Cover Sheet

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MOTION for Preliminary Injunction, filed by Plaintiff Brian Tingley. Oral Argument Requested. (Attachments: # 1 Declaration of Brian Tingley in Support of Motion for Preliminary Injunction, # 2 Expert Declaration of Christopher Rosik, Ph.D. in Support of Plaintiff's Motion for Preliminary Injunction, # 3 Expert Declaration of Dr. Stephen B. Levine in Support of Plaintiff's Motion for Preliminary Injunction, # 4 Proposed Order) Noting Date 6/4/2021, (Waggoner, Kristen) (Entered: 05/13/2021)

1 Declaration of Brian Tingley in Support of Motion for Preliminary Injunction

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2 Expert Declaration of Christopher Rosik, Ph.D. in Support of Plaintiff's M

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3 Expert Declaration of Dr. Stephen B. Levine in Support of Plaintiff's Moti

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4 Proposed Order

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APPLICATION OF ATTORNEY Roger G. Brooks FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Brian Tingley (Fee Paid) Receipt No. AWAWDC-7083245 (Esau, Gregory) (Entered: 05/13/2021)

APPLICATION OF ATTORNEY David A. Cortman FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Brian Tingley (Fee Paid) Receipt No. AWAWDC-7083301 (Esau, Gregory) (Entered: 05/13/2021)

ORDER re 4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney David A Cortman for Plaintiff Brian Tingley, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 05/13/2021)

ORDER re 3 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Roger Greenwood Brooks for Plaintiff Brian Tingley, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 05/13/2021)

Order on Application for Leave to Appear Pro Hac Vice

Add and Terminate Judges

Judge Robert J. Bryan added. (AMD)

Summons(es) Electronically Issued as to defendant(s) Robert W Ferguson, Kristin Peterson, Umair A Shah. (Attachments: # 1 Summons, # 2 Summons)(AMD) (Entered: 05/14/2021)

ORDER REGARDING DISCOVERY AND DEPOSITIONS. Authorized by Judge Robert J. Bryan. (JL) (Entered: 05/17/2021)

Motion Calendar

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT. FRCP 26(f) Conference Deadline is 8/2/2021, Initial Disclosure Deadline is 8/9/2021, Joint Status Report due by 8/16/2021. Authorized by Judge Robert J. Bryan. (JL) (Entered: 05/17/2021)

JSR due 8/16/2021. (JL)

NOTICE of Appearance by attorney Brendan C Selby on behalf of Defendants Robert W Ferguson, Kristin Peterson, Umair A Shah. (Selby, Brendan) (Entered: 05/25/2021)

Stipulated MOTION and Proposed Order to Set Briefing Schedule and to Extend Initial Case Schedule Order Dates, filed by Defendants Robert W Ferguson, Kristin Peterson, Umair A Shah. Noting Date 5/25/2021, (Selby, Brendan) (Entered: 05/25/2021)

Attorney Joyce A Roper added for Robert W Ferguson, Kristin Peterson, Umair A Shah; per 10 Notice of Appearance. (AMD)

Notice of Filing Deficiency re 10 Notice of Appearance. ***Action Required*** Improper Signature - Secondary Attorney(s).See attached letter for more information and instructions. (AMD) (Entered: 05/26/2021)

Set/Reset Oral Argument on Motion

STIPULATED MOTION AND ORDER TO SET BRIEFING SCHEDULE AND TO EXTEND INITIAL CASE SCHEDULE ORDER DATES, granting 11 Stipulated Motion. Signed by Judge Robert J. Bryan.(JL) (Entered: 05/26/2021)

Add and Terminate Attorneys

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT (Amended). Initial Disclosure Deadline is 10/8/2021, Joint Status Report due by 10/15/2021. Authorized by Judge Robert J. Bryan. (JL) (Entered: 05/26/2021)

Set/Reset Oral Argument on 2 MOTION for Preliminary Injunction : Motion Hearing set for 8/20/2021 at 01:30 PM in Courtroom A before Judge Robert J. Bryan. (JL)

NOTICE of Appearance by attorney Jeffrey C. Grant on behalf of Defendants Robert W Ferguson, Kristin Peterson, Umair A Shah. (Grant, Jeffrey) (Entered: 05/26/2021)

Attorney Cristina Sepe added for Robert W Ferguson, Kristin Peterson, Umair A Shah; per 15 Notice of Appearance. (AMD)

MOTION to Intervene as Party Defendant Pursuant to Rule 24(b) Attorney Raegen Nicole Rasnic added to party Equal Rights Washington(pty:intvd), filed by Intervenor Defendant Equal Rights Washington. (Attachments: # 1 Proposed Order) Noting Date 6/11/2021, (Rasnic, Raegen) (Entered: 05/27/2021)

DECLARATION of Monisha Harrell filed by Intervenor Defendant Equal Rights Washington re 16 MOTION to Intervene as Party Defendant Pursuant to Rule 24(b) Attorney Raegen Nicole Rasnic added to party Equal Rights Washington(pty:intvd) (Rasnic, Raegen) (Entered: 05/27/2021)

APPLICATION OF ATTORNEY Shannon Price Minter FOR LEAVE TO APPEAR PRO HAC VICE for Intervenor Defendant Equal Rights Washington (Fee Paid) Receipt No. AWAWDC-7103140 (Rasnic, Raegen) (Entered: 05/28/2021)

APPLICATION OF ATTORNEY Christopher F. Stoll FOR LEAVE TO APPEAR PRO HAC VICE for Intervenor Defendant Equal Rights Washington (Fee Paid) Receipt No. AWAWDC-7103160 (Rasnic, Raegen) (Entered: 05/28/2021)

ORDER re 18 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Shannon Price Minter for Intervenor Equal Rights Washington, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 05/28/2021)

ORDER re 19 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Christopher F Stoll for Intervenor Equal Rights Washington, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 05/28/2021)

Order on Application for Leave to Appear Pro Hac Vice

Stipulated MOTION and [Proposed] Order to Set Briefing Schedule on Motion of Equal Rights Washington to Intervene as Party Defendant, filed by Plaintiff Brian Tingley. (Waggoner, Kristen) (Entered: 06/04/2021)

ORDER granting 22 Stipulated Motion & renoting 16 MOTION to Intervene as Party Defendant Pursuant to Rule 24(b) to 6/25/2021. Signed by Judge Robert J. Bryan.(JL) (Main Document 23 replaced on 6/7/2021 to remove certificate of service page from original stipulation (JL). (Entered: 06/07/2021)

RESPONSE, by Plaintiff Brian Tingley, to 16 MOTION to Intervene as Party Defendant Pursuant to Rule 24(b) Attorney Raegen Nicole Rasnic added to party Equal Rights Washington(pty:intvd). (Brooks, Roger Waggoner, Kristen) Modified on 6/21/2021 (AMD). (Entered: 06/18/2021)

REPLY, filed by Intervenor Defendant Equal Rights Washington, TO RESPONSE to 16 MOTION to Intervene as Party Defendant Pursuant to Rule 24(b) Attorney Raegen Nicole Rasnic added to party Equal Rights Washington(pty:intvd) (Rasnic, Raegen) (Entered: 06/25/2021)

MOTION to Dismiss and Opposition to Plaintiff's Motion for Preliminary Injunction, filed by Intervenor Defendant Equal Rights Washington. Noting Date 8/20/2021, (Rasnic, Raegen) (Entered: 06/25/2021)

CROSS MOTION AND RESPONSE re 2 MOTION for Preliminary Injunction, filed by Defendants Robert W Ferguson, Kristin Peterson, Umair A Shah. Oral Argument Requested. (Attachments: # 1 Proposed Order, # 2 Appendix A, # 3 Appendix B) Noting Date 8/20/2021, (Selby, Brendan) (Entered: 06/25/2021)

1 Proposed Order

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2 Appendix A

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3 Appendix B

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DECLARATION of Brendan Selby filed by Defendants Robert W Ferguson, Kristin Peterson, Umair A Shah re 27 CROSS MOTION AND RESPONSE re 2 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Selby, Brendan) (Entered: 06/25/2021)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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Joint DECLARATION of Lisa M. Diamond and Clifford J. Rosky filed by Defendants Robert W Ferguson, Kristin Peterson, Umair A Shah re 27 CROSS MOTION AND RESPONSE re 2 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Selby, Brendan) (Entered: 06/25/2021)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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DECLARATION of Judith M. Glassgold filed by Defendants Robert W Ferguson, Kristin Peterson, Umair A Shah re 27 CROSS MOTION AND RESPONSE re 2 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Selby, Brendan) (Entered: 06/25/2021)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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DECLARATION of Douglas C. Haldeman filed by Defendants Robert W Ferguson, Kristin Peterson, Umair A Shah re 27 CROSS MOTION AND RESPONSE re 2 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Selby, Brendan) (Entered: 06/25/2021)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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DECLARATION of Marlee O'Neill filed by Defendants Robert W Ferguson, Kristin Peterson, Umair A Shah re 27 CROSS MOTION AND RESPONSE re 2 MOTION for Preliminary Injunction (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C)(Selby, Brendan) (Entered: 06/25/2021)

1 Attachment A

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2 Attachment B

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3 Attachment C

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ORDER granting 16 Motion to Intervene signed by Judge Robert J. Bryan. (TC) (Entered: 06/28/2021)

Agreed MOTION for Leave to File brief of Amici Curiae, filed by Interested Parties The Trevor Project Inc., Foundation for Suicide Prevention, American Association of Suicidology. (Attachments: # 1 Exhibit Amicus Brief, # 2 Proposed Order) Noting Date 6/28/2021, (Ruiz, Isaac) (Entered: 06/28/2021)

APPLICATION OF ATTORNEY Shireen Barday FOR LEAVE TO APPEAR PRO HAC VICE for Interested Parties American Association of Suicidology, Foundation for Suicide Prevention, The Trevor Project Inc. (Fee Paid) Receipt No. AWAWDC-7142888 (Ruiz, Isaac) (Entered: 06/28/2021)

MINUTE ORDER re 26 MOTION to Dismiss and Opposition to Plaintiff's Motion for Preliminary Injunction filed by Equal Rights Washington. Authorized by Judge Robert J. Bryan. (TC) (Entered: 06/28/2021)

ORDER re 35 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Shireen Barday for interested parties American Association of Suicidology, Foundation for Suicide Prevention and The Trevor Project Inc., by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA) (Entered: 06/28/2021)

Order on Application for Leave to Appear Pro Hac Vice

MINUTE ORDER REGARDING AMICI CURIAE, granting 34 Motion for Leave to File. Signed by Judge Robert J. Bryan. (JL) (Entered: 06/29/2021)

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Brendan C Selby for Defendants Robert W Ferguson, Kristin Peterson, Umair A Shah. (Selby, Brendan) (Entered: 07/07/2021)

NOTICE of Appearance by attorney Kristin Beneski on behalf of Defendants Robert W Ferguson, Kristin Peterson, Umair A Shah. (Beneski, Kristin) (Entered: 07/07/2021)

Stipulated MOTION to Reset Oral Argument Date, filed by Defendants Robert W Ferguson, Kristin Peterson, Umair A Shah. Noting Date 7/9/2021, (Sepe, Cristina) (Entered: 07/09/2021)

ORDER granting 41 Stipulated Motion signed by Judge Robert J. Bryan. Set/Reset Oral Argument on 2 MOTION for Preliminary Injunction : Motion Hearing set for 8/27/2021 at 11:00 AM in Courtroom A before Judge Robert J. Bryan. (TC) (Entered: 07/12/2021)

REPLY, filed by Plaintiff Brian Tingley, TO RESPONSE to 2 MOTION for Preliminary Injunction, 27 CROSS MOTION AND RESPONSE 26 MOTION to Dismiss and Opposition to Plaintiff's Motion for Preliminary Injunction (Brooks, Roger G. Waggoner, Kristen) Modified per counsel request to correct original motion relationship on 7/26/2021 (STP). Modified on 7/26/2021 to update filing attorney name (AMD). (Entered: 07/23/2021)

Notice of Docket Text Modification

NOTICE of Docket Text Modification re 43 Reply to Response to Motion : per counsel request struck relationship to docket 27: Motion to Dismiss and replaced with 27 Cross motion and response. (STP)

REPLY, filed by Defendants Robert W Ferguson, Kristin Peterson, Umair A Shah, TO RESPONSE to 26 MOTION to Dismiss. 27 CROSS MOTION AND RESPONSE re 2 MOTION for Preliminary Injunction (Sepe, Cristina) Modified text and document links on 8/16/2021 (AMD). (Entered: 08/13/2021)

REPLY, filed by Intervenor Defendant Equal Rights Washington, TO RESPONSE to 26 MOTION to Dismiss and Opposition to Plaintiff's Motion for Preliminary Injunction (Rasnic, Raegen) (Entered: 08/13/2021)

MINUTE ENTRY for proceedings held before Judge Robert J. Bryan- Dep Clerk: Tyler Campbell; Pla Counsel: Roger Brooks, Greg Esau; Def Counsel: Kristin Beneski, Christina Sepe, Shannon Minter, Raegen Rasnic; CR: Barry Fanning; Time of Hearing: 11:20; Courtroom: A; Motion Hearing held on 8/27/2021 re 2 MOTION for Preliminary Injunction filed by Brian Tingley, 27 CROSS MOTION AND RESPONSE re 2 MOTION for Preliminary Injunction filed by Umair A Shah, Kristin Peterson, Robert W Ferguson, 26 MOTION to Dismiss and Opposition to Plaintiff's Motion for Preliminary Injunction filed by Equal Rights Washington. Oral argument by counsel. Order to be issued. (TC) (Entered: 08/27/2021)

Motion Hearing

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS AND DENYING PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION, denying as moot 26 Motion to Dismiss; granting 27 Cross Motion to Dismiss; denying as moot 2 Motion for Preliminary Injunction. Signed by Judge Robert J. Bryan. (JL) (Entered: 08/30/2021)

NOTICE OF APPEAL (21-35815) to Ninth Circuit re 47 Order on Motion to Dismiss,, Order on Cross Motion,, Order on Motion for Preliminary Injunction,, Terminated Case, by Plaintiff Brian Tingley. $505, receipt number AWAWDC-7268725 (cc: USCA) (Brooks, Roger) Modified on 9/30/2021 to add CCA# only (SP). (Entered: 09/28/2021)

USCA TIME SCHEDULE ORDER/APPEAL NUMBER 21-35815 as to the 48 Notice of Appeal, filed by Brian Tingley. (SP) (Entered: 09/30/2021)

NOTICE OF Cross APPEAL (21-35815, 21-35856) to Ninth Circuit re 47 Order on Motion to Dismiss,, Order on Cross Motion,, Order on Motion for Preliminary Injunction,, Terminated Case, by Defendants Robert W Ferguson, Kristin Peterson, Umair A Shah. $505, receipt number AWAWDC-7284128 (cc: USCA) (Sepe, Cristina) Modified on 10/13/2021 to add CCA# only (SP). (Entered: 10/08/2021)

USCA TIME SCHEDULE ORDER/APPEAL NUMBER 21-35815, 21-35856 as to the 50 Notice of Cross Appeal, filed by Umair A Shah, Kristin Peterson, and Robert W Ferguson, 48 Notice of Appeal, filed by Brian Tingley. (SP) (Entered: 10/13/2021)

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Joyce A Roper for Defendants Robert W Ferguson, Kristin Peterson, Umair A Shah. (Roper, Joyce) (Entered: 10/20/2021)

OPINION FROM USCA (21-35815, 21-35856) (NOT THE MANDATE) as to the 50 Notice of Appeal, filed by Umair A Shah, Kristin Peterson, Robert W Ferguson, and 48 Notice of Appeal, filed by Brian Tingley. AFFIRMED. (AMD) (Entered: 09/07/2022)

ORDER OF USCA (21-35815, 21-35856) as to the 50 Notice of Appeal, filed by Umair A Shah, Kristin Peterson, Robert W Ferguson. (AMD) (Entered: 10/06/2022)

ORDER OF USCA (21-35815, 21-35856) as to 48 Notice of Appeal, filed by Brian Tingley. The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. See Fed. R. App. P. 35. Judges Collins and Lee did not participate in the deliberations or vote in this case.The petition for rehearing en banc is DENIED. (MW) Modified on 1/31/2023 to add 2nd CCA # (AMD). (Entered: 01/26/2023)

MANDATE OF USCA (21-35815, 21-35856) as to 50 Notice of Appeal, filed by Umair A Shah, Kristin Peterson, Robert W Ferguson. The 53 judgment of this Court, entered September 06, 2022, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. Costs are taxed against the appellants in 21-35815 and appellees in 21-35856 in the amount of $189.90. AFFIRMED (AMD) (Entered: 01/31/2023)

NOTICE FROM US SUPREME COURT (21-35815, 21-35856) to the 9th Circuit Court of Appeals (22-942) re 50 Notice of Appeal. The petition for a writ of certiorari in the above entitled case was filed on 3/27/2023 and placed on the docket 3/28/2023 as No. 22-942. (AMD) (Entered: 03/31/2023)

ORDER FROM US SUPREME COURT (22-942) (21-35815, 21-35856) re 50 Notice of Appeal. The Court today entered the following order in the above-entitled case: The petition for a writ of certiorari is denied. (AMD) (Entered: 12/11/2023)