Rhode v. Becerra (Challenge to CA Ammo Sales) - ORAL ARGS at 9th 11-9-2020

[aBrowningfan]

Gentlemembers.
Please stick to posts that are closely tied to the progress of the case.

You are seeing the manifestation of cabin fever in real time...

[aBrowningfan]

If the Motions Panel hands over everything to the new monthly Motions Panel, then that has happened already and that's our new Motions Panel for the Emergency Stay motion and briefs related to it. As far as time it should be when the Motions Panel makes a decision, and within the original 21 day window outlined in FRAPs for emergency motions afaik.

I am wondering whether the 21 day window encompasses all briefs? The FRAPs are silent on that matter (at least I couldn't find anything on the topic). Presumably, but not on-topic. And then there is the matter of how long the motions panel takes to reach a decision. Presumably a few-ish days, but nothing specific from the FRAPs.

[DrjonesUSA]

Just vote for the most insane libs out there - the country will collapse quickly, already is trending that way. Then the fight will start - cause many will not comply. Already starting to get a glimpse of it now. Plus, China won't go down without a fight. Just a guess, no logic, no science, no data to support it.

There's a lot to be said for accelerationism....if there be war, let it be in my day so that my children can know peace.

[Librarian]

You are seeing the manifestation of cabin fever in real time...

That plus the normal frustration with the Court's pace.

[BeAuMaN]

I am wondering whether the 21 day window encompasses all briefs? The FRAPs are silent on that matter (at least I couldn't find anything on the topic). Presumably, but not on-topic. And then there is the matter of how long the motions panel takes to reach a decision. Presumably a few-ish days, but nothing specific from the FRAPs.

The 21 days is for emergency motions only afaik from reading FRAP. It outlined that you can use emergency motions only if you need relief in less than 21 days to prevent irreparable harm (paraphrasing since I'm phone posting). Beyond that I couldn't really say when the court will rule. If the motions panel did indeed transition to the new panel for this motion then it may be taking longer than it would have because the new motions panel has to catch up.

An attorney (or one experienced with the 9ca) I am not. I couldn't comment on the norms of emergency motion ruling times really.

[rplaw]

Read the opposition brief to the emergency stay/admin stay.

The brief is correct on all points. However, the 9th will not lift the emergency stay pending outcome of the trial. It's too "risky" to make a decision without having all the evidence heard first. So the stay will remain pending the final outcome of the trial.

If the trial goes against the State, the State will immediately file a notice of appeal with a request to continue the stay. And so on.

We've been down this road before.

[curtisfong]

It's too "risky" to make a decision without having all the evidence heard first.

I love how to the 9th, issuing a "stay" itself is not actually a "decision". This should tell you everything you need to know about how corrupt the 9th is. The court system is a total joke. I honestly don't get how anyone can defend it w/o being completely delusional.

[faterikcartman]

...if there be war, let it be in my day so that my children can know peace.

QFT

[Drivedabizness]

I love how to the 9th, issuing a "stay" itself is not actually a "decision". This should tell you everything you need to know about how corrupt the 9th is. The court system is a total joke. I honestly don't get how anyone can defend it w/o being completely delusional.

They are reaching the "right" decision. That's ALL they care about.

[skilletboy]

I love how to the 9th, issuing a "stay" itself is not actually a "decision". This should tell you everything you need to know about how corrupt the 9th is. The court system is a total joke. I honestly don't get how anyone can defend it w/o being completely delusional.

Agree 100%

[BeAuMaN]

Well, I decided to email the Clerk's office since FRAP is -kind of- vague on the specific mechanics of judges being assigned. They have a general questions e-mail so great. They referred me to Section 6.4 of 9CA General Orders. Ah ha! So I was looking in the wrong place.

It should be noted that 6.3 covers disposition of Motions generally, however 6.4 covers Emergency Motions specifically.

Anyhow, so 6.4(a)... going to snip a bit to keep it on point, but once again, you can read the full General Orders here. References to a "merits panel" means the panel that will be the ones deciding the appeal itself; holding oral arguments, writing the opinion, etc.

(a.) Assignment to Judges
(SNIP)
In cases that are not assigned to a merits panel, either through the usual calendaring process or as a comeback, the motions attorneys will present emergency motions to the motions panel. In the event one or more judges on the motions panel is unavailable, any substitute judge(s) will be drawn by lot.
Presumptively, the current motions panel will decide all emergency motions in which a response is filed within the sitting month, unless the case has already been assigned to a previous motions panel. If the deadline for filing a response to an emergency motion falls within three business days of the end of the month, the motion will be presented to the following month’s motions panel, unless the current month’s motions panel orders otherwise.
The default deadline for filing a response to a motion is 10 days. See FRAP 27(a)(3)
(SNIP)

The part snipped at the end talks about setting custom deadlines. So, AG Becerra filed their Emergency Stay Motion on 4/24/2020. That means the deadline before the end of the sitting month (or rather within 3 business days of it) is past the sitting month in which it was filed, so it gets held over for the next month's panel meaning the slow response is per the 9CA General Orders.

Furthermore, since it was a question earlier in the thread, it states the Panel will presumptively act on Motions with responses within the deadline, so they must allow time for Michel & Associates responding motion (barring custom deadlines on responses). So what about the administrative stay?

(b.) Actions by Judges
When relief is requested within 48 hours, judges on motions duty may treat an emergency motion as requesting temporary relief until the motions panel can more fully consider the merits of the motion. A single judge may issue an order granting or denying temporary relief, if no other judge on motions duty is available and the order would not effectively dispose of the motion or the appeal. If the order would in effect decide the motion or appeal, the judge must obtain the concurrence of at least one other judge on the motions panel.
(SNIP)

The part snipped after talked about expediting the appeal itself. AG Becerra in his Emergency Stay Motion requested "IMMEDIATE RELIEF", and as that falls within the 48 hour requested relief window, the two of three Motions Panel judges available who answered the motion granted temporary relief until the motion could be further considered.

I don't see any other special orders, so that should means we do have May's Motion Panel to decide, and as stated previously... while I don't want to be -too- optimistic, the panel does look more favorable than last month's. It also explains the waiting thus far. Hope that helps.

[Metal God]

so that should mean we do have May's Motion Panel to decide,

.

This seems like a straight forward case so the may panel would seem a reasonable next step . I guess we'll know how bias the 9th is if they order otherwise . Any bets ??

[BeAuMaN]

Pretty sure that order ship has sailed, and that previous panel is no longer residing. There's also been no orders saying such from the previous month afaik:

https://www.courtlistener.com/docket/27993/kim-rhode-v-xavier-becerra/

Same with PACER.

But you never know.
(Then again I'm just going off what I'm reading)

[Metal God]

I was thinking today is the day they would make that decision but maybe it was made on Friday either way . Does it say how and when the panels are picked meaning the 30th and 31st of the previous month or the first of the current month etc.

[BeAuMaN]

I didn't see anything specific on that, no. I had always assumed it was random but I'm not seeing anything specific at a cursory glance. You could take a look and see if I missed something:

http://cdn.ca9.uscourts.gov/datastore/uploads/rules/general_orders/General%20Orders.pdf