Kristin Perry, et al v. Arnold Schwarzenegger, et al

Filing 27

Notice of Oral Argument on DECEMBER 6, 2010 Calendar. Please return ACKNOWLEDGMENT OF HEARING NOTICE form to: SAN FRANCISCO Office. Attention: The Notice of Docket Activity may not list your case number. Please open attached documents to view details about your case. [7517712] [10-16696, 10-16751] (AM)

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Kristin Perry, et al v. Arnold Schwarzenegger, et al Doc. 27 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT LOCATION OF HEARING FOR DECEMBER CALENDAR James R. Browning US Courthouse United States Court of Appeals - 9th Circuit 95 Seventh Street San Francisco, California 94103 Date of Notice: October 21, 2010 LL Picture ID required to enter Courthouse 77 COUNSEL WILL PLEASE CHECK-IN WITH THE DEPUTY IN THE COURTROOM All CJA Counsel call (415) 355-7993 for travel authorization Monday, December 6, 2010 ( )~ 10-16696) 10-16751) 10:00 a.m. Courtroom 1, 3rd Floor Perry v. Schwarzenegger Courtroom 2, 3rd Floor Monday, December 6, 2010 ( ( ( ( ( ( ( ( )* )* )* )* )* )* )* )* 06-74601 08-16983 08-17203 09-10187 09-16979 09-17164 09-17076 09-17196 9:00 a.m. Ramirez-Giraldo v. Holder Dearing v. Chavez Arizona Precious Metals, Inc. v. Accept Erste United States v. Klassy Hixon v. Nevada Department of Corrections Redd v. Daley Brown v. Astrue Swails v. USA 9:00 a.m. Courtroom 3, 3rd Floor Monday, December 6, 2010 ( ( ( ( ( ( )* )* )* ) ** ) ** ) ** 09-15283 09-15980 09-17906 09-17566 10-15021 10-15286) 10-16392) Duvardo v. Giurbino Brewer v. Adams United States v. Howard Anderson v. Terhune Goodman v. Staples The Office Superstore LLC Enyart v. Nat'l Conf. of Bar Examiners Tuesday, December 7, 2010 ( ( ( ( ( ( ( )* )* )* )* )* ) ** ) ** 08-16806 09-15182 09-17177 09-17294 06-75006 05-76565 10-15365) 10-15437) 8:30 a.m. Ctrm 1, 3rd Floor <note new starting time Williams v. Pliler Carroll v. Galaza Manley v. Nevada Department of Corrections Lyons v. Leonhardt Pineda v. Holder Zabadi v. Holder Shore v. Int'l Painters Dockets.Justia.com Tuesday, December 7, 2010 ( ( ( ( ( ( )* )* )* ) ** 09-10447 09-10524 09-10454 09-17269) 09-16453) ) ** 09-17290 ) ** 09-73328 9:00 a.m. Courtroom 3, 3rd Floor United States v. Gonzalez-Aparicio United States v. Akins United States v. Minks Clarendon Nat'l Ins. Co. v. Nat'l Fire and Marine Ins. Co. 09-17012) 09-17277) Renfrew v. Hartford Accident American Marine Corp. v. OWCP 9:00 a.m. Courtroom 1, 3rd Floor Wednesday, December 8, 2010 ( ( ( ( ( ( )* )* )* ) ** ) ** ) ** 09-10491 09-10480 10-10141 09-16396 09-17576 09-60043) 09-60004) United States v. Rojas-Lagunez United States v. Benton United States v. Burruel-Lopez Fredenburg v. Prolo Powell v. Hatcher In re Wathen 09-60045) 9:00 a.m. Courtroom 2, 3rd Floor Wednesday, December 8, 2010 ( ( ( ( ( ( )* )* )* ) ** ) ** 09-10451 10-15009 10-15238 09-17489 09-17503) 09-17629) ) ** 09-17561 United States v. Padilla Smith v. Kirkland Macias v. Donat Olszewski v. Symyx Technologies Medrano v. Autozone, Inc. Vaught v. Scottsdale Healthcare Corp. 9:00 a.m. Courtroom 1, 3rd Floor Wednesday, December 8, 2010 ( ( ( ( ( ( )* )* )* ) ** ) ** ) ** 09-10491 09-10480 10-10141 09-16396 09-17576 09-60043) 09-60004) United States v. Rojas-Lagunez United States v. Benton United States v. Burruel-Lopez Fredenburg v. Prolo Powell v. Hatcher In re Wathen 09-60045) * MAX ARGUMENT TIME 10 MINS/SIDE ** MAX ARGUMENT TIME 15 MINS/SIDE ~ MAX ARGUMENT TIME 1 HOUR PER SIDE OTHER CASES 20 MINUTES PER SIDE PLEASE RETURN ENCLOSED ACKNOWLEDGMENT NOTICE to CLERK'S OFFICE [email: ndacalendar@ca9.uscourts.gov subject: SF Hearing Notice] www.ca9.uscourts.gov OFFICE OF THE CLERK U .S . COURT OF APPEALS FOR THE NINTH CIRCUIT 9 5 SEVENTH STREET, P.O. BOX 193939 S A N FRANCISCO NOTICE OF CASES SET FOR HEARING Your case has been set for hearing as indicated on the attached calendar. Please take special note of the time and place of hearing. In order that the court may make proper arrangements for oral argument, it is essential that you immediately complete the attached acknowledgment of hearing notice and return it to the Clerk's Office email OR street address provided. The acknowledgment of hearing notice may not be filed electronically via the ECF system. In preparing for oral argument, the parties should be guided by Rule 34 of the Federal Rules of Appellate Procedure. The following information is provided to ensure the effectiveness of the hearing process: Possibility of Mootness or Settlement - If your case has become moot or a settlement is imminent, immediately advise the Clerk's office in writing and BY TELEPHONE. For ECF-registered parties, this must be filed electronically as "Correspondence to Court." Notification of Related Cases - If you are aware of other cases pending in this court which are related to and which should be calendared with your case(s) on the attached calendar, please notify this office. Admission for Oral Argument - Any attorney who will be presenting oral argument must have been admitted to the bar of this court. The forms necessary for admission may be obtained through the court's website [ www.ca9.uscourts.gov ] under Forms. If you have not been admitted, or need to verify you have applied, please call the Attorney Admissions Inquiry line at (415) 355-7800 and leave the requested information. While admission in open court on the day of hearing is discouraged, you may elect such an admission procedure. Candidates for admission in open court must appear in the Clerk's Office with a sponsor who has already been admitted to the bar of the circuit, and who can orally move the admission before the calendar is called. Submission Without Oral Argument - A party who feels that oral argument would not be of assistance to the court may present a written motion asking the court to submit the case on the briefs for decision without oral argument. Such a motion must be served on all parties. For ECF-registered parties, this motion must be filed electronically. The court may, on its own motion, determine that oral argument would not be of assistance. In such cases, all parties will be advised by separate notice pursuant to Fed. R. App. P. 34(a). Appearing for Argument - If oral argument is to be presented, please register with the courtroom deputy in the courtroom posted for your case 30 minutes before the time of the hearing. All parties for all cases must be registered and present at the time the session is convened. Hearing Order of Cases - Cases are generally heard in the order in which they appear on the calendar. On the other hand, a panel may elect to poll the calendar prior to the commencement of argument and to rearrange the order of cases based on the projected length of the argument. Nevertheless, parties in the first case should be prepared to begin argument immediately after t h e court is convened in the event that the entire calendar is not polled. Time for Oral Argument - Cases scheduled for oral argument will be assigned ten, fifteen, twenty, or occasionally thirty minutes per side. Check your Location of Hearing Notice to determine your time allotment. Subject of Oral Argument - At the time of hearing, the judges of the panel will have studied the briefs and the excerpts of record and will be familiar with the facts and issues of the case. Argument should be devoted to clarifying issues as needed and to responding to questions raised by the judges of the panel. Presenting Additional Citations - Additional citations of relevant decisions rendered since the filing of the party's last brief -or after oral argument but before decision- may be submitted by letter, showing proof of service on all counsel and parties not represented by counsel. For ECF-registered parties, this letter must be filed electronically, but if filed by paper, only the original must be submitted to the court. The letter must state the reasons for the citations, referring to either the page of the brief or to a point argued orally. The body of the letter must not exceed 350 words. Any response must be made promptly and similarly limited. [FRAP 28j, Cir. R. 28-6] Identity of Panel Members - Not earlier than the week before the court week in which your case will be heard, the names of judges hearing the currently calendared cases will be announced. The names will be posted on the public bulletin board of the Clerk's Office of your local U.S. District Court and on this Court's web page. You may also determine the names of the judges by submitting with the enclosed acknowledgment form, a self-addressed, postage-paid envelope and a card listing the case number, date and time of hearing. We will write the names of the judges hearing your case on this card and mail it to you at the same time that the official calendars are mailed to the District Court Clerk's Offices for posting. [ www.ca9.uscourts.gov ] Continuances - After a case has been calendared, continuances are not granted except for a showing of extraordinarily good cause. If oral argument is essential but you find it impossible to be present, you must, immediately after receipt of this hearing notice, submit a formal motion and supporting affidavit for continuance. For ECF-registered parties, this motion must be filed electronically. Presentation of the motion does not ensure that the continuance is granted. The court will not consider the motion for continuance after the identity of the panel of judges has been divulged. OFFICE OF THE CLERK UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT R e t u r n Notice To: O f f i c e of the Clerk, U.S. Court of Appeals J a m e s R. Browning US Courthouse 9 5 Seventh Street, P.O. Box 193939 S a n Francisco, CA 94119-3939 ( 4 1 5 ) 355-8190 OR % [email: ndacalendar@ca9.uscourts.gov Subject: SF Hearing Notice] A C K N O W L E D G M E N T OF HEARING NOTICE A T T E N T I O N : Calendar Clerk D a te: I acknowledge receipt of notice of assignm e n t showing m y case: N o. Title: a s s i g n e d for hearing: D ate: Loca tion : C o u n s e l to Argue:Nam e : A d d re s s : Phone: Fax: Tim e : Courtroom : Email: P a r t y ( s ) Represented: P l e a s e indicate any special needs you m a y require in the courtroom : NOTE: In the event that argum e n t is to be presented "in pro per", please place party's nam e , a d d r e s s and telephone num b e r in the space provided for counsel. K P l e a s e subm i t a separate Notice of Appearance to the Clerk's Office for all counsel w h o have not entered an appearance in the above referenced case(s). A D M I S S I O N STATUS ( T o Be Com p l e t e d by Attorneys Only) ( ( ) ) I certify that I am adm i t t e d to practice before this Court I certify that I am generally qualified for adm i s s i o n to practice before the bar of the N i n t h Circuit and that I will im m e d i a t e l y apply for admission. ( forms available online ) S ig n a t u re : D ate: w w w .c a 9 .u s co u r ts .g o v