Original Case: 8:22-cv-01805

Ninth Circuit U.S. Court of Appeals
Case #: 0:22-cv-56220
Typecivil / private
Nature of Suit440 Civil Rights - Other Civil Rights
Case Filed:Dec 30, 2022
Terminated:Feb 29, 2024
Last checked: Monday Mar 04, 2024 1:26 AM PST
Amicus Curiae
NEW CIVIL LIBERTIES ALLIANCE
Represented By
Gregory Dolin
New Civil Liberties Alliance
contact info
Amicus Curiae
ACLU FOUNDATION OF SOUTHERN CALIFORNIA
Represented By
Hannah Meredith Kieschnick
Public Justice, PC
contact info
Amicus Curiae
ACLU FOUNDATION OF NORTHERN CALIFORNIA
Represented By
Hannah Meredith Kieschnick
Public Justice, PC
contact info
Amicus Curiae
COMPASSION & CHOICES
Represented By
John Kappos
O'Melveny & Myers, LLP
contact info
Amicus Curiae
INSTITUTE FOR JUSTICE
Represented By
Paul Sherman
Institute for Justice
contact info
Defendant - Appellee
RICHARD E. THORP
Represented By
Kristin Liska
AGCA - Office of the California Attorney General
contact info
Defendant - Appellee
ROB BONTA, in his official capacity at Attorney General of California
Represented By
Kristin Liska
AGCA - Office of the California Attorney General
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Defendant - Appellee
ESERICK WATKINS, in their official capacities as members of the Medical Board of California
Represented By
Kristin Liska
AGCA - Office of the California Attorney General
contact info
Defendant - Appellee
VELING TSAI
Represented By
Kristin Liska
AGCA - Office of the California Attorney General
contact info
Defendant - Appellee
NICOLE A. JEONG
Represented By
Kristin Liska
AGCA - Office of the California Attorney General
contact info
Defendant - Appellee
ASIF MAHMOOD
Represented By
Kristin Liska
AGCA - Office of the California Attorney General
contact info
Defendant - Appellee
JAMES M. HEALZER
Represented By
Kristin Liska
AGCA - Office of the California Attorney General
contact info
Defendant - Appellee
RYAN BROOKS
Represented By
Kristin Liska
AGCA - Office of the California Attorney General
contact info
Defendant - Appellee
DAVID E. RYU
Represented By
Kristin Liska
AGCA - Office of the California Attorney General
contact info
Defendant - Appellee
MICHELLE ANNE BHOLAT
Represented By
Kristin Liska
AGCA - Office of the California Attorney General
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Defendant - Appellee
LAURIE ROSE LUBIANO, in her official capacity as Secretary of the Medical Board of California
Represented By
Kristin Liska
AGCA - Office of the California Attorney General
contact info
Defendant - Appellee
RANDY W. HAWKINS, in his official capacity as Vice President of the Medical Board of California
Represented By
Kristin Liska
AGCA - Office of the California Attorney General
contact info
Defendant - Appellee
KRISTINA D. LAWSON, in her official capacity as President of the Medical Board of California
Represented By
Kristin Liska
AGCA - Office of the California Attorney General
contact info
Intervenor - Pending
LETRINH HOANG, D.O.
Intervenor - Pending
PHYSICIANS FOR INFORMED CONSENT, a not for-profit organization
Intervenor - Pending
CHILDREN'S HEALTH DEFENSE, CALIFORNIA CHAPTER, a California Nonprofit Corporation
Plaintiff - Appellant
MARK MCDONALD
Represented By
Julianne E. Fleischer
Advocates For Faith and Freedom
contact info
Robert H. Tyler
Advocates For Faith and Freedom
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Mariah Gondeiro
Advocates For Faith and Freedom
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Reilly Stephens
Liberty Justice Center
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Daniel Robert Suhr
Liberty Justice Center
contact info
Plaintiff - Appellant
JEFF BARKE
Represented By
Julianne E. Fleischer
Advocates For Faith and Freedom
contact info
Robert H. Tyler
Advocates For Faith and Freedom
contact info
Mariah Gondeiro
Advocates For Faith and Freedom
contact info
Reilly Stephens
Liberty Justice Center
contact info
Daniel Robert Suhr
Liberty Justice Center
contact info

GPO Feb 29 2024
FILED OPINION (A. WALLACE TASHIMA, DANIELLE J. FORREST and KATHLEEN CARDONE) VACATED AND REMANDED. Each party shall bear its own costs on appeal. Judge: DJF Authoring. FILED AND ENTERED JUDGMENT. [12864123] [22-56220, 23-55069]

Docket last updated: 03/04/2024 12:56 AM PST
Friday, December 30, 2022
1 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. [12620320] (RT) [Entered: 12/30/2022 09:33 AM]
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Att: 1 1 pgs Docketing Letter
Att: 2 2 pgs Notice to All Parties and Counsel
Att: 3 1 pgs Mediation Letter
Att: 4 2 pgs Mediation Questionnaire
Att: 5 22 pgs Case Opening Packet
2 2 2 pgs Filed (ECF) Appellants Jeff Barke and Mark McDonald Mediation Questionnaire. Date of service: 12/30/2022. [12620416] 22-56220 (Stephens, Reilly) [Entered: 12/30/2022 10:59 AM]
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3 3 The Mediation Questionnaire for this case was filed on 12/30/2022. To submit pertinent confidential information directly to the Circuit Mediators, please use the following link. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[12620522]. 22-56220 (AD) [Entered: 12/30/2022 12:44 PM]
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4 4 2 pgs Filed clerk order (Deputy Clerk: SH): The appeal filed December 29, 2022 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due no later than January 26, 2023; the answering brief is due February 23, 2023 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [12620813] (AF) [Entered: 12/30/2022 04:18 PM]
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