A THIRD OF A NINTH

A THIRD OF A NINTH: Today the United States Court Of Appeals For The Ninth Circuit will be hearing the case of KC Lum v. Kauai County Council, former Kauai` Police Department Chief Lum’s appeal of the dismissal of his civil rights case against the county council and other county entities.

It may or may not be telling that it’s the last case of a two day calendar.

The audio of the oral hearings should be available here by noon tomorrow.

But when we went to review the briefs filed in search of all the particulars, we found that they were filed “under seal”.

We were able though to obtain what was filed and the list is fascinating. Anyone who has read KPD Blue or this space will recognize many of the names. Keep these in mind when listening to the tape tomorrow.

For those who want a to peruse the scorecard, here’s the full docket so far ...sans details (thanks to Charley Foster).
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05/05/2008
1 3 pg, 172.92 KB
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND CADS: No. The schedule is set as follows: Designation of RT for Appellant King C. Lum due 05/05/2008. Designation of RT for Appellee Bryan Baptiste, Leon Gonsalves Sr., Kauai County, Kauai County Council and Michael H. Tresler due 05/15/2008. Transcript order for Appellant King C. Lum due 05/27/2008. Certificate of record due 06/02/2008. Appellant King C. Lum opening brief due 08/11/2008. Appellee Bryan Baptiste, Appellee Leon Gonsalves Sr., Appellee Kauai County, Appellee Kauai County Council and Appellee Michael H. Tresler answering brief due 09/09/2008. Appellant's optional reply brief is due 14 days after service of the answering brief. (GR)
05/05/2008

2
Filed representation notice of Clayton C. Ikei and Jerry P.S. Chang (GR)
05/05/2008

3
Filed Civil Appeals Docketing Statement. Served on 04/25/2008. (GR)
05/08/2008

4 8 pg, 78.65 KB
Filed order MEDIATION (VLS): Case referred to Mediation for assessment conference only. Telephone conference to be on 06/02/2008 at 02:30 pm. (Pacific Standard Time) (KKW)
05/14/2008

5
Filed certificate of record on appeal. RT filed in DC 6/12/08 (EL)
05/15/2008

6
Filed Appellant King C. Lum notice of order of transcript. Reporters transcript ordered: (NONE) (RC)
06/02/2008

7 1 pg, 32.39 KB
Filed order MEDIATION (RGA):The court will initiate a further assessment conference by telephone on July 1, 2008, at 3:00 p.m. PACIFIC (San Francisco) Time.The briefing schedule previously set by the court is amended as follows: appellant shall file an opening brief on or before September 15, 2008; appellees shall file an answering brief on or before October 15, 2008; appellant may file an optional reply brief within fourteen (14) days from the service date of the answering brief. (KKW)
06/30/2008

8 1 pg, 31.74 KB
Filed order MEDIATION (RGA):. At the request of counsel for appellees, the further assessment conference originally scheduled for July 1, 2008, is continued to August 5, 2008, at 3:00 p.m. PACIFIC (San Francisco) Time. (KKW)
08/06/2008

9 2 pg, 28.05 KB
Filed order MEDIATION (RGA): The court has determined that this appeal will not be selected for inclusion in the Mediation Program. All further inquiries regarding this appeal, including requests for extensions of time, should be directed to the Clerk’s office. The briefing schedule previously set by the court is amended as follows: appellant shall file an opening brief on or before October 6, 2008; appellees shall file an answering brief on or before November 20, 2008; appellant may file an optional reply brief within fourteen (14) days from the service date of the answering brief. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions while the appeal is pending. (WL)
10/03/2008

10
Received Appellant King C. Lum's notification of filing Vol. 5 of EOR UNDER SEAL, with copy of DC protective order attached. (LA)
10/03/2008

11
Filed original and 15 copies of Appellant King C. Lum (Informal: No) opening brief of 62 pages. Five copies Excerpts of record in 12 volumes (Vol. 5 FILED UNDER SEAL). Served on 10/02/2008. (LA)
11/21/2008

12
Filed original and 15 copies of Appellee Leon Gonsalves, Sr. answering brief of 30 pages and separate addendum. Supplemental Excerpts of record in 4 volumes. Served on 11/19/2008. (LA)
11/24/2008

13
Filed original and 15 copies of Appellees Bryan Baptiste, Kauai County, Kauai County Council and Michael H. Tresler answering brief of 50 pages. Supplemental Excerpts of record in 2 volumes. Served on 11/20/2008. (LA)
12/03/2008

14
Filed original and 15 copies of Appellant King C. Lum (Informal: No) reply brief of 6 pages. Served on 12/02/2008. (LA)
06/29/2009

15
Calendar check performed. [6972743] (AW)
07/24/2009

16 1 pg, 77.09 KB
Received copy of transcript designation and ordering form filed in DC. [7003647] (MT)
08/06/2009

17
Calendar materials being prepared. [7018072] [08-10422, 09-10092, 08-16167, 08-17166, 08-15648, 08-16352, 08-16093, 09-10147] (AM)
08/10/2009

18
CALENDARED: 10/14/2009 9:00 AM Honolulu, HI Sixth Flr Courtroom [7021130] [08-10422, 09-10092, 08-16167, 08-17166, 08-15648, 08-16352, 08-16093, 09-10147] (AM)
09/02/2009

19 4 pg, 121.29 KB

Notice of Oral Argument on OCTOBER 14, 2009 Calendar. Please return ACKNOWLEDGEMENT OF HEARING NOTICE form to: SAN FRANCISCO Office. Please open attached documents to view details about your case. [7049601] (AM)
09/14/2009

20
UPDATED CASE CALENDARED: 10/14/2009 9:30 AM Honolulu, HI, The University of Hawaii @ Manoa, William .S Richardson School of Law, Moot Courtroom [7060079] [09-10147, 08-10422, 09-10092, 08-17166, 08-15648, 08-16352, 08-16093] (AM)
09/14/2009

21 7 pg, 323.31 KB
REVISED Notice of Oral Argument on OCTOBER 14, 2009 at The University of Hawaii @ Manoa Law School. Please note the location and time change of hearing, and return ACKNOWLEDGEMENT OF HEARING NOTICE form to: SAN FRANCISCO Office. Open attached documents to view details about your case. [7060349] (AM)