State of California, et al v. Alex Azar, II, et al

Filing 1

DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: to be set. Preliminary Injunction Appeal. C.R. 3-3. [10767933] (RT) [Entered: 02/16/2018 03:05 PM]

UNITED STATES COURT OF APPEALS for the NINTH CIRCUIT
Office of the Clerk
After Opening a Case – Counseled Cases
(revised April 2016)

Court Address – San Francisco Headquarters
Mailing Address for
U.S. Postal Service

Mailing Address for
Overnight Delivery
(FedEx, UPS, etc.)

Street Address

Office of the Clerk
James R. Browning
Courthouse
U.S. Court of Appeals
P.O. Box 193939
San Francisco, CA
94119-3939

Office of the Clerk
James R. Browning
Courthouse
U.S. Court of Appeals
95 Seventh Street
San Francisco, CA
94103-1526

95 Seventh Street
San Francisco, CA
94103

Court Addresses – Divisional Courthouses
Pasadena

Portland

Seattle

Richard H. Chambers
Courthouse
125 South Grand Avenue
Pasadena, CA 91105

The Pioneer Courthouse
700 SW 6th Ave, Ste 110
Portland, OR 97204

William K. Nakamura
Courthouse
1010 Fifth Avenue
Seattle, WA 98104

Court Website – www.ca9.uscourts.gov
The Court’s website contains the Court’s Rules and General Orders, information
about electronic filing of documents, answers to frequently asked questions,
directions to the courthouses, forms necessary to gain admission to the bar of the
Court, opinions and memoranda, live streaming of oral arguments, links to practice
manuals, and an invitation to join our Pro Bono Program.

Court Phone List
Main Phone Number. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [phone]
Attorney Admissions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [phone]
Calendar Unit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [phone]
CJA Matters (Operations Unit) .. . . . . . . . . . . . . . . . . . . . . . . . . [phone]
Docketing.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [phone]
Death Penalty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [phone]
Electronic Filing – CM/ECF. . . . . . . . . . . . . . . . . . . . . . . . . . . . Submit form at
http://www.ca9.uscourts.gov/cmecf/feedback
Library. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [phone]
Mediation Unit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [phone]
Motions Attorney Unit.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [phone]
Procedural Motions Unit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [phone]
Records Unit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [phone]
Divisional Court Offices:
Pasadena.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [phone]
Portland. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [phone]
Seattle.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [phone]

Electronic Filing - CM/ECF
The Ninth Circuit’s CM/ECF (Case Management/Electronic Case Files) system is
mandatory for all attorneys filing in the Court, unless they are granted an
exemption. All non-exempted attorneys who appear in an ongoing case are
required to register for and to use CM/ECF. Registration and information about
CM/ECF is available on the Court’s website at www.ca9.uscourts.gov under
Electronic Filing–CM/ECF. Read the Circuit Rules, especially Ninth Circuit Rule
25-5, for guidance on filing documents electronically via CM/ECF, and see the
CM/ECF User Guide for a complete list of the available types of filing events.

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Rules of Practice
The Federal Rules of Appellate Procedure (Fed. R. App. P.), the Ninth Circuit
Rules (9th Cir. R.) and the General Orders govern practice before this Court. The
rules are available on the Court’s website at www.ca9.uscourts.gov under Rules.
Practice Resources
The Appellate Lawyer Representatives’ Guide to Practice in the United States
Court of Appeals for the Ninth Circuit is available on the Court’s website
www.ca9.uscourts.gov at Guides and Legal Outlines > Appellate Practice Guide.
The Court provides other resources in Guides and Legal Outlines.
Admission to the Bar of the Ninth Circuit
All attorneys practicing before the Court must be admitted to the Bar of the Ninth
Circuit. Fed. R. App. P. 46(a); 9th Cir. R. 46-1.1 & 46-1.2.
For instructions on how to apply for bar admission, go to www.ca9.uscourts.gov
and click on the Attorneys tab > Attorney Admissions > Instructions.
Notice of Change of Address
Counsel who are registered for CM/ECF must update their personal information,
including street addresses and email addresses, online at:
https://pacer.psc.uscourts.gov/pscof/login.jsf 9th Cir. R. 46-3.
Counsel who have been granted an exemption from using CM/ECF must file a
written change of address with the Court. 9th Cir. R. 46-3.
Motions Practice
Following are some of the basic points of motion practice, governed by Fed. R.
App. P. 27 and 9th Cir. R. 27-1 through 27-14.
• Neither a notice of motion nor a proposed order is required. Fed. R. App. P.
27(a)(2)(C)(ii), (iii).
• Motions may be supported by an affidavit or declaration. 28 U.S.C. § 1746.
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• Each motion should provide the position of the opposing party. Circuit
Advisory Committee Note to Rule 27-1(5); 9th Cir. R. 31-2.2(b)(6).
• A response to a motion is due 10 days from the service of the motion. Fed. R.
App. P. 27(a)(3)(A); Fed. R. App. P. 26(c). The reply is due 7 days from service
of the response. Fed. R. App. P. 27(a)(4); Fed. R. App. P. 26(c).
• A response requesting affirmative relief must include that request in the caption.
Fed. R. App. P. 27(a)(3)(B).
• A motion filed in a criminal appeal must include the defendant’s bail status. 9th
Cir. R. 27-2.8.1.
• A motion filed after a case has been scheduled for oral argument, has been
argued, is under submission or has been decided by a panel, must include on the
initial page and/or cover the date of argument, submission or decision and, if
known, the names of the judges on the panel. 9th Cir. R. 25-4.
Emergency or Urgent Motions
All emergency and urgent motions must conform with the provisions of 9th Cir. R.
27-3. Note that a motion requesting procedural relief (e.g., an extension of time to
file a brief) is not the type of matter contemplated by 9th Cir. R. 27-3. Circuit
Advisory Committee Note to 27-3(3).
Prior to filing an emergency motion, the moving party must contact an attorney in
the Motions Unit in San Francisco at [phone].
When it is absolutely necessary to notify the Court of an emergency outside of
standard office hours, the moving party shall call [phone]. Keep in mind
that this line is for true emergencies that cannot wait until the next business day
(e.g., an imminent execution or removal from the United States).
Briefing Schedule
The Court generally issues the briefing schedule at the time the appeal is docketed.
Certain motions (e.g., a motion for dismissal) automatically stay the briefing
schedule. 9th Cir. R. 27-11.
The opening and answering brief due dates are not subject to the additional time
described in Fed. R. App. P. 26(c). 9th Cir. R. 31-2.1. The early filing of
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appellant’s opening brief does not advance the due date for appellee’s answering
brief. Id.
Extensions of Time to File a Brief
Streamlined Request
Subject to the conditions described at 9th Cir. R. 31-2.2(a), you may request one
streamlined extension of up to 30 days from the brief’s existing due date. Submit
your request via CM/ECF using the “File Streamlined Request to Extend Time to
File Brief” event on or before your brief’s existing due date. No form or written
motion is required.
Written Extension
Requests for subsequent extensions or extensions of more than 30 days will be
granted only upon a written motion supported by a showing of diligence and
substantial need. This motion shall be filed at least 7 days before the due date for
the brief. The motion shall be accompanied by an affidavit or declaration that
includes all of the information listed at 9th Cir. R. 31-2.2(b).
The Court will ordinarily adjust the schedule in response to an initial motion.
Circuit Advisory Committee Note to Rule 31-2.2. The Court expects that the brief
will be filed within the requested period of time. Id.
Contents of Briefs
The required components of a brief are set out at Fed. R. App. P. 28 and 32, and
9th Cir. R. 28-2, 32-1 and 32-2. After the electronically submitted brief has been
reviewed, the Clerk will request 7 paper copies of the brief that are identical to the
electronic version. 9th Cir. R. 31-1. Do not submit paper copies until directed to
do so.
Excerpts of Record
The Court requires Excerpts of Record rather than an Appendix. 9th Cir. R. 301.1(a). Please review 9th Cir. R. 30-1.3 through 30-1.6 to see a list of the specific
contents and format. For Excerpts that exceed 75 pages, the first volume must
comply with 9th Cir. R. 30-1.6(a). Excerpts exceeding 300 pages must be filed in
multiple volumes. 9th Cir. R. 30-1.6(a).
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Appellees may file supplemental Excerpts and appellants may file further Excerpts.
9th Cir. R. 30-1.7 and 30-1.8. If you are an appellee responding to a pro se brief
that did not come with Excerpts, then your Excerpts need only include the contents
set out at 9th Cir. R. 30-1.7.
Excerpts must be submitted in PDF format in CM/ECF on the same day the filer
submits the brief. The filer shall serve a paper copy of the Excerpts on any party
not registered for CM/ECF.
If the Excerpts contain sealed materials, you must submit the sealed documents
electronically in a separate volume in a separate transaction from the unsealed
volumes, along with a motion to file under seal. 9th Cir. R. 27-13(e). Sealed
filings must be served on all parties by mail, or if mutually agreed by email, rather
than through CM/ECF noticing.
After electronic submission, the Court will direct the filer to file 4 separatelybound paper copies of the excerpts of record with white covers.

Mediation Program
Mediation Questionnaires are required in all civil appeals except cases in which the
appellant is proceeding pro se, habeas cases (28 U.S.C. §§ 2241, 2254 and 2255)
and petitions for writs (28 U.S.C. § 1651). 9th Cir. R. 3-4.
The Mediation Questionnaire is available on the Court’s website at
www.ca9.uscourts.gov under Forms. The Mediation Questionnaire should be filed
within 7 days of the docketing of a civil appeal. The Mediation Questionnaire is
used only to assess settlement potential.
If you are interested in requesting a conference with a mediator in any type of
appeal, you may call the Mediation Unit at [phone], email
[e-mail] or make a written request to the Chief Circuit
Mediator. You may request conferences confidentially. More information about
the Court’s mediation program is available at
http://www.ca9.uscourts.gov/mediation.

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Oral Hearings
Approximately 14 weeks before a case is set for oral hearing, the parties are
notified of the hearing dates and locations and are afforded 3 days from the date of
those notices to inform the Court of any conflicts. Notices of the actual calendars
are then distributed approximately 10 weeks before the hearing date.
The Court will change the date or location of an oral hearing only for good cause,
and requests to continue a hearing filed within 14 days of the hearing will be
granted only upon a showing of exceptional circumstances. 9th Cir. R. 34-2.
Oral hearing will be conducted in all cases unless all members of the panel agree
that the decisional process would not be significantly aided by oral argument. Fed.
R. App. P. 34(a)(2).
Oral arguments are live streamed to You Tube and can be accessed through the
Court’s website.

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Ninth Circuit Appellate Lawyer Representatives
APPELLATE MENTORING PROGRAM

1.

Purpose

The Appellate Mentoring Program is intended to provide mentoring on a
voluntary basis to attorneys who are new to federal appellate practice or would
benefit from guidance at the appellate level. In addition to general assistance
regarding federal appellate practice, the project will provide special focus on two
substantive areas of practice - immigration law and habeas corpus petitions.
Mentors will be volunteers who have experience in immigration, habeas corpus,
and/or appellate practice in general. The project is limited to counseled cases.
2.
Coordination, recruitment of volunteer attorneys, disseminating information
about the program, and requests for mentoring
Current or former Appellate Lawyer Representatives (ALRs) will serve as
coordinators for the Appellate Mentoring Program. The coordinators will recruit
volunteer attorneys with appellate expertise, particularly in the project's areas of
focus, and will maintain a list of those volunteers. The coordinators will ask the
volunteer attorneys to describe their particular strengths in terms of mentoring
experience, substantive expertise, and appellate experience, and will maintain a
record of this information as well.
The Court will include information about the Appellate Mentoring Program
in the case opening materials sent to counsel and will post information about it on
the Court's website. Where appropriate in specific cases, the Court may also
suggest that counsel seek mentoring on a voluntary basis.
Counsel who desire mentoring should contact the court at
[e-mail], and staff will notify the program coordinators. The
coordinators will match the counsel seeking mentoring with a mentor, taking into
account the mentor's particular strengths.
3.

The mentoring process

The extent of the mentor's guidance may vary depending on the nature of the case,
the mentee's needs, and the mentor's availability. In general, the mentee should
initiate contact with the mentor, and the mentee and mentor should determine

together how best to proceed. For example, the areas of guidance may range from
basic questions about the mechanics of perfecting an appeal to more sophisticated
matters such as effective research, how to access available resources, identification
of issues, strategy, appellate motion practice, and feedback on writing.
4.

Responsibility/liability statement

The mentee is solely responsible for handling the appeal and any other
aspects of the client's case, including all decisions on whether to present an issue,
how to present it in briefing and at oral argument, and how to counsel the client.
By participating in the program, the mentee agrees that the mentor shall not be
liable for any suggestions made. In all events, the mentee is deemed to waive and
is estopped from asserting any claim for legal malpractice against the mentor.
The mentor's role is to provide guidance and feedback to the mentee. The
mentor will not enter an appearance in the case and is not responsible for handling
the case, including determining which issues to raise and how to present them and
ensuring that the client is notified of proceedings in the case and receives
appropriate counsel. The mentor accepts no professional liability for any advice
given.
5.

Confidentiality statement

The mentee alone will have contact with the client, and the mentee must
maintain client confidences, as appropriate, with respect to non-public information.