United States v. Joseph Arpaio (17-10448)

DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. Reporters Transcript required: Yes. Sentence imposed: N/A. Transcript ordered by 11/09/2017. Transcript due 12/11/2017. Appellant briefs and excerpts due by 01/18/2018 for Joseph M. Arpaio. Appellee brief due 02/20/2018 for United States of America. Appellant's optional reply brief is due 21 days after service of the answering brief. [10625317] (WL) [Entered: 10/20/2017 10:37 AM]

Added attorney James I. Pearce for USA, in case 17-10448. [10631881] (JJF) [Entered: 10/26/2017 06:59 AM]

Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by The Protect Democracy Project, Inc.; Free Speech for People; Coalition to Preserve, Protect and Defend; and Roderick and Solange MacArthur Justice Center. Date of service: 11/08/2017. [10647802] [17-10448]--[COURT UPDATE: Attached corrected PDFs of motion and brief. 11/09/2017 by RY] (Cabou, Jean-Jacques) [Entered: 11/08/2017 11:23 AM]

Filed (ECF) Appellant Joseph M. Arpaio response opposing motion ([5] Brief Submitted for Review (ECF Filing), [5] Motion (ECF Filing), [5] Motion (ECF Filing) motion to become amicus). Date of service: 11/20/2017. [10661183] [17-10448] (Wilenchik, Dennis) [Entered: 11/20/2017 02:01 PM]

Filed order (A. WALLACE TASHIMA, WILLIAM A. FLETCHER and RICHARD C. TALLMAN) The motion for leave to participate as amici curae, filed by The Protect Democracy Project, Inc., Free Speech For People, Coalition to Preserve, Protect and Defend, and the Roderick and Solange Macarthur Justice Center, (Docket Entry No. [5]) is granted in part and denied in part. The Clerk shall file the proposed brief of amici curae at Docket Entry No. [5]. Amici curae may also file a supplemental brief addressing the merits of this appeal that complies with Federal Rule of Appellate Procedure 29. The emergency request for the appointment of a special prosecutor under Fed. R. Crim. P. 42(a)(2) to “notice a cross-appeal of the District Court’s Order upholding validity of the Pardon and terminating the contempt prosecution,� contained within the brief at Docket Entry No. [5], is denied. Within 21 days after the date of this order, appellee United States of America shall file a statement indicating whether it intends to enter an appearance and file an answering brief in this appeal from the district court’s November 19, 2017 order. In appellee United States of America’s statement, in the event it is the position of the Department of Justice not to defend the November 19 order, appellee shall also provide its position on whether this court should appoint counsel to represent the government’s interests on appeal and defend the district court’s order. Appellant and Amici may file an optional reply within 7 days after service of appellee’s statement. The request for the appointment of counsel to “defend the District Court’s Order denying [appellant’s] request for vacatur,� contained within the brief at Docket Entry No. [5], shall be addressed by separate order. Proceedings are held in abeyance pending further order of this court. [10664619] (ME) [Entered: 11/22/2017 12:14 PM]

Received 7 paper copies of Amicus Brief [5] filed by Coalition to Preserve, Protect and Defend, et al.. [10669040] (SD) [Entered: 11/28/2017 10:43 AM]

Filed (ECF) Amici Curiae Protect Democracy Project, Inc., Roderick and Solange MacArthur Justice Center, Free Speech For People and Coalition to Preserve, Protect and Defend reply to response to Court order dated 11/22/2017. Date of service: 12/20/2017. [10697523] [17-10448] (Cabou, Jean-Jacques) [Entered: 12/20/2017 12:24 PM]

COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [18]. Original Text: Filed (ECF) Erwin Chemerinsky, Michael E. Tigar, and Jane B. Tigar Motion to become amicus curiae. Date of service: 12/21/2017. [10699467] [17-10448] (Riordan, Dennis) [Entered: 12/21/2017 12:06 PM]

COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [18]. Original Text: Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Erwin Chemerinsky, Michael E. Tigar, and Jane B. Tigar Supporting Denial of Vacatur. Date of service: 12/22/2017. [10701519] [17-10448] (Riordan, Dennis) [Entered: 12/22/2017 12:19 PM]

Entered appearance of Amici Curiae - Pending Erwin Chemerinsky, Michael E. Tigar and Jane Tigar. [10704886] (KT) [Entered: 12/27/2017 01:44 PM]

Filed (ECF) Appellant Joseph M. Arpaio Motion to file oversized brief. Date of service: 01/18/2018. [10729817] [17-10448] (Wilenchik, Dennis) [Entered: 01/18/2018 06:29 PM]

Submitted (ECF) excerpts of record. Submitted by Appellant Joseph M. Arpaio. Date of service: 01/18/2018. [10729821] [17-10448] --[COURT UPDATE: Attached corrected excerpts of record. 1/19/2018 by TYL] (Wilenchik, Dennis) [Entered: 01/18/2018 06:34 PM]

Filed Order for PUBLICATION (A. WALLACE TASHIMA, WILLIAM A. FLETCHER and RICHARD C. TALLMAN) (Dissent by Judge Tallman) This case is on appeal from the district court’s denial of Defendant-Appellant’s request for vacatur of his conviction for criminal contempt. The validity of the district court’s denial will be addressed by the merits panel assigned to this case. We address only the question of whether to appoint a special prosecutor to defend the district court’s decision in light of the United States’ letter informing this Court that “[t]he government does not intend to defend the district court’s order.� For the reasons discussed below, we will appoint a special prosecutor to provide briefing and argument to the merits panel. (SEE ORDER FOR FULL TEXT) We will appoint special counsel and address all other pending motions by separate order. SO ORDERED. [10839081] (RMM) [Entered: 04/17/2018 07:23 AM]

Entered appearance of Amicus Curiae - Pending Jonathan N. Foster. [10901961] (SML) [Entered: 06/08/2018 11:35 AM]

COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [31]. Original Text: Filed (ECF) Appellee USA response to Court order dated 06/01/2018. Date of service: 06/22/2018. [10918184] [17-10448] (Pearce, James) [Entered: 06/22/2018 04:46 AM]

Submitted (ECF) Supplemental Brief for review. Submitted by Appellee USA. Date of service: 06/22/2018. [10919385] --[COURT ENTERED FILING to correct entry [29] .] (TYL) [Entered: 06/22/2018 03:04 PM]

Filed clerk order: The supplemental brief [31] submitted by USA is filed. No paper copies are required at this time. [10919417] (SML) [Entered: 06/22/2018 03:14 PM]

Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Certain Members of the Congress of the United States. Date of service: 06/22/2018. [10921996] [17-10448]--[COURT UPDATE: Backdated entry to reflect original submission date (06/22/2018). 06/26/2018 by RY] (Scharff, Spencer) [Entered: 06/26/2018 09:36 AM]

Filed order (A. WALLACE TASHIMA, WILLIAM A. FLETCHER and RICHARD C. TALLMAN) The motion by Certain Members of Congress for leave to file an amicus curiae brief in “Support of a Rule 42 Special Prosecutor Appointment� (Dkt. [36]), is GRANTED. The amicus brief, received on June 22, 2018, is ordered FILED, and shall be circulated to the full court. [10922194] --[COURT UPDATE: To edit docket and replaced with corrected order; resent NDA - 06/26/2018 by HH] (WL) [Entered: 06/26/2018 10:34 AM]

Filed clerk order: The amicus brief [36] submitted by Certain Members of Congress is filed. No paper copies are required at this time. [10922763] (SML) [Entered: 06/26/2018 01:40 PM]

Filed Order for PUBLICATION (A. WALLACE TASHIMA, WILLIAM A. FLETCHER and RICHARD C. TALLMAN) (Concurrence by Judge W. Fletcher; Statement by Judge Tashima; Dissent by Judge Callahan; Statement by Judge Tallman) A judge of the court sua sponte called for a vote on whether to rehear en banc the published order in this case dated April 17, 2018. A vote was taken, and a majority of the non-recused active judges of the court failed to vote for en banc rehearing. Fed. R. App. P. 35(f). Rehearing en banc is DENIED. [11040129]--[Edited: attached corrected PDF of Order (typo corrected). 08/22/2019 by SLM] (RMM) [Entered: 10/10/2018 07:16 AM]

Added attorney Christopher G. Caldwell for USA, in case 17-10448. [11047342] (WL) [Entered: 10/15/2018 03:09 PM]

Filed order (A. WALLACE TASHIMA, WILLIAM A. FLETCHER and RICHARD C. TALLMAN) We have received appellee’s October 22, 2018 “motion to stay the mandate and the briefing schedule.� To the extent that appellee requests this court stay the issuance of the mandate in this appeal, such request is unnecessary. Because proceedings in this appeal remain ongoing, there is no mandate to stay. To the extent that appellee requests this court stay the briefing schedule for this appeal, the request is granted (Docket Entry No. [44]). Within 90 days after the date of this order, or within 7 days after the Solicitor General’s determination whether to file a petition for writ of certiorari from this court’s April 17, 2018 and October 15, 2018 orders, whichever occurs first, appellee shall submit a status report, or file a motion for the appropriate relief. Failure to file a timely report or motion in response to this order may result in a termination of the stay of proceedings. Briefing is stayed pending further order of this court. [11060905] (OC) [Entered: 10/25/2018 04:30 PM]

Filed order (A. WALLACE TASHIMA, WILLIAM A. FLETCHER and RICHARD C. TALLMAN) We have received appellee’s January 2, 2019 status report stating that “the Solicitor General determined that the government will not seek certiorari in the Supreme Court.� Accordingly, the stay of proceedings in this court is lifted. The October 30, 2017 order to show cause is discharged. The motion of Erwin Chemerinski, Michael E. Tigar, and Jane B. Tigar to participate as amicus curiae (Docket Entry No. [18]) and the response (Docket Entry No. [20]) are referred to the panel assigned to decide the merits of this appeal. Appellant’s motion to file an oversize brief (Docket Entry No. [21]) is denied. The Clerk shall strike the opening brief at Docket Entry No. [22]. By February 19, 2019 appellant shall file an opening brief that complies with the length limits set forth in 9th Cir. R. 32-1. The answering brief is due March 21, 2019. The optional reply brief is due within 21 days after service of the answering brief. The motion to transmit a physical exhibit (Docket Entry No. [24]) will be addressed by separate order. [11142360] (JBS) [Entered: 01/04/2019 03:43 PM]

Filed clerk order: The opening brief [48] submitted by Joseph M. Arpaio is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The Court has reviewed the excerpts of record [23] submitted by Joseph M. Arpaio. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11203185] (SML) [Entered: 02/21/2019 03:10 PM]

Streamlined request [50] by Appellee USA to extend time to file the brief is approved. Amended briefing schedule: Appellee brief due 04/22/2019 for United States of America. The optional reply brief is due 21 days from the date of service of the answering brief. [11209766] (Witt, Dusty) [Entered: 02/27/2019 01:18 PM]

Received 7 paper copies of Opening Brief [48] filed by Joseph M. Arpaio. [11213345] (DB) [Entered: 03/01/2019 02:42 PM]

Submitted (ECF) Answering Brief for review. Submitted by Appellee USA. Date of service: 04/22/2019. [11272819] [17-10448] (Pearce, James) [Entered: 04/22/2019 04:48 PM]

Submitted (ECF) excerpts of record. Submitted by Appellee USA, Special Prosecutor. Date of service: 04/22/2019. [11272967] [17-10448] --[COURT UPDATE: Updated docket text to reflect correct party filer. 4/24/2019 by TYL] (Caldwell, Christopher) [Entered: 04/22/2019 11:50 PM]

Terminated Christopher G. Caldwell for USA in 17-10448 [11275299] (TYL) [Entered: 04/24/2019 11:38 AM]

Filed clerk order: The answering brief [56] submitted by USA, Special Prosecutor is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The Court has reviewed the excerpts of record [57] submitted by USA, Special Prosecutor. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11275346] (SML) [Entered: 04/24/2019 11:51 AM]

Filed (ECF) Amici Curiae Coalition to Preserve, Protect and Defend, Free Speech For People, Protect Democracy Project, Inc. and Roderick and Solange MacArthur Justice Center Motion for miscellaneous relief [Motion for Leave for Additional Parties to Join Brief of Amici Curiae]. Date of service: 04/29/2019. [11281130] [17-10448] (Cabou, Jean-Jacques) [Entered: 04/29/2019 04:42 PM]

Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Certain Members of the Congress of the United States. Date of service: 04/29/2019. [11281191] [17-10448] --[COURT UPDATE: Attached corrected motion. 5/1/2019 by TYL] (Scharff, Spencer) [Entered: 04/29/2019 05:25 PM]

Deleted Duplicate Entry. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [38]. Original Text: Entered appearance of Amicus Curiae - Pending Certain Members of Congress. [11283507] (SML) [Entered: 05/01/2019 01:18 PM]

Filed clerk order (Deputy Clerk: LAB): The motion for additional parties to join in the brief of amici curae (Docket Entry No. [63]) and motion for leave to file an amicus curiae brief (Docket Entry No. [65]) are referred to the panel assigned to hear the merits of this appeal. The previously established briefing schedule remains in effect. [11290628] (OC) [Entered: 05/08/2019 11:38 AM]

Added attorney Larry E. Klayman for Joseph M. Arpaio, in case 17-10448. [11292071] (JFF) [Entered: 05/09/2019 11:45 AM]

Filed clerk order: The reply brief [72] submitted by Joseph M. Arpaio is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be submitted to the principal office of the Clerk. [11295909] (SML) [Entered: 05/13/2019 04:44 PM]

Filed clerk order (Deputy Clerk: HG): Appellant’s unopposed motion pursuant to 9th Cir. R. 27-14 (Docket Entry No. [24]) to submit to this Court an audio CD, which was admitted as an exhibit at trial but is not electronically available on the district court docket, is granted. Counsel shall submit four copies of the exhibit within seven days after the date of this order. [11298715] (OC) [Entered: 05/15/2019 01:41 PM]

Filed (ECF) Amicus Curiae - Pending Certain Members of Congress reply to response (). Date of service: 05/16/2019. [11300019] [17-10448] (Scharff, Spencer) [Entered: 05/16/2019 12:05 PM]

Filed (ECF) Attorney Mr. James I. Pearce for Appellee USA response to notice for case being considered for oral argument. Date of service: 05/17/2019. [11301083] [17-10448] (Pearce, James) [Entered: 05/17/2019 09:43 AM]

Received Appellant Joseph M. Arpaio's 4 BLANK CDs labeled "Exhibit 45 (in reference to Doc 24)." Deficiency: CDs are blank. Within 7 days of this entry, appellant shall submit 4 replacement copies of the audio exhibit ordered on 05/15/2019 at entry [75]. 9th Cir. R. 25-5(g). Sent to deficiency shelf in Docketing. [11303494] (LA) [Entered: 05/20/2019 04:13 PM]

Filed 4 copies of CDs containing Exhibit 45 filed by Appellant Joseph M. Arpaio. Sent to Records. [11307706] (SML) [Entered: 05/23/2019 02:39 PM]

Filed (ECF) Attorney Mr. Christopher G. Caldwell for Appellee USA, Special Prosecutor response to notice for case being considered for oral argument. Date of service: 06/18/2019. [11335695] [17-10448] (Caldwell, Christopher) [Entered: 06/18/2019 12:23 PM]

Entered appearance of Amici Curiae - Pending Laurence H. Tribe, Martin H. Redish, Lawrence Friedman, William D. Rich, Citizens for Responsibility and Ethics in Washington, MoveOn, and Republicans for the Rule of Law. [11359659] (LA) [Entered: 07/10/2019 02:54 PM]

Filed clerk order: Per the order filed on May 8, 2019 at Docket Entry No. [69], the amicus brief [65] submitted by Certain Members of Congress is referred to the merits panel. Within 7 days of the filing of this order, filer is ordered to submit 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11359724] (LA) [Entered: 07/10/2019 03:27 PM]

Received 7 paper copies of Amicus Brief [65] filed by Certain Members of Congress. [11375315] (SD) [Entered: 07/24/2019 01:49 PM]

Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. James I. Pearce for Appellee USA. Hearing in San Francisco on 10/23/2019 at 09:00 A.M. (Courtroom: Courtroom 2). Filer sharing argument time: No. (Argument minutes: 20.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 08/13/2019. [11395182] [17-10448] (Pearce, James) [Entered: 08/13/2019 07:36 AM]

Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Larry E. Klayman, Esquire for Appellant Joseph M. Arpaio. Hearing in San Francisco on 10/23/2019 at 09:00 A.M. (Courtroom: Courtroom 2). Filer sharing argument time: No. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 08/15/2019. [11398711] [17-10448] (Klayman, Larry) [Entered: 08/15/2019 02:19 PM]

Filed (ECF) Appellee USA Motion for miscellaneous relief [Clarification regarding oral argument time]. Date of service: 08/18/2019. [11400966] [17-10448] (Pearce, James) [Entered: 08/18/2019 01:52 PM]

Filed clerk order (Deputy Clerk: WL): Erwin Chemerinsky, Michael E. Tigar, and Jane B. Tigar’s motion for leave to file brief as amicus curiae in support of denial of vacatur, filed December 21, 2017, is GRANTED. Certain Members of Congress’s motion for leave to file brief as amicus curiae in support of neither party, filed April 29, 2019, is GRANTED. Appellant’s motion for sanctions, filed May 14, 2019, is DENIED. Laurence H. Tribe, Martin H. Redish, Lawrence Friedman, William D. Rich, Citizens for Responsibility and Ethics in Washington, MoveOn, and Republicans for the Rule of Law’s motion to join The Protect Democracy Project, Inc., Free Speech for People, Coalition to Preserve, Protect and Defend, and the Roderick and Solange MacArthur Justice Center’s amicus curiae brief in support of the special counsel, filed April 29, 2019, is GRANTED. [11419151] (WL) [Entered: 09/03/2019 03:14 PM]

Notice of Oral Argument on Wednesday, October 23, 2019 - 09:00 A.M. - Courtroom 4 - San Francisco CA.View the Oral Argument Calendar for your case here.Be sure to review the GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible).If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Wednesday, October 23, 2019. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11427575][Array,17-10448] (AW) [Entered: 09/10/2019 06:39 PM]

Filed clerk order (Deputy Clerk: WL): Oral argument will be presented as follows: Defendant-Appellant Joseph M. Arpaio will have 20 minutes for oral argument. This includes any rebuttal he wishes to make. After Defendant-Appellant Joseph M. Arpaio’s opening argument, counsel from the U.S. Department of Justice will then have 10 minutes for oral argument. After the U.S. Department of Justice’s argument, Special Prosecutor Christopher G. Caldwell will then have 20 minutes for oral argument. Amici curiae Laurence H. Tribe, Martin H. Redish, Lawrence Friedman, William D. Rich, Citizens for Responsibility and Ethics in Washington, MoveOn, The Protect Democracy Project, Inc., and Republicans for the Rule of Law’s motion to participate in oral argument is DENIED. [11429937] (WL) [Entered: 09/12/2019 02:57 PM]

Terminated participation of Court Reporter Elizabeth A. Lemke in this case (no longer active). [11444523] [17-10448, 17-10451, 17-10465, 18-10076, 18-10220, 18-10469, 18-15212, 18-15845, 18-16109, 18-16247, 18-16410, 18-16661, 18-17259] (ASW) [Entered: 09/26/2019 10:28 AM]