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Garcia v. Hobbs

Judgment vacated and case remanded to the U.S. District Court for the Western District of Washington with instructions to enter a fresh judgment from which an appeal may be taken to the U.S. Court of Appeals for the 9th Circuit on February 20, 2024.
Docket No. Op. Below Argument Opinion Vote Author Term
23-467 W.D. Wash. N/A N/A N/A N/A OT 2023

Issues: (1) Whether this court has appellate jurisdiction under 28 U.S.C. § 1253 over the order of the three-judge district court empaneled under 28 U.S.C. § 2284 that dismissed as moot an equal protection challenge to Washington State House Legislative District 15, when that dismissal had the practical, literal effect of denying the requested injunction; and (2) whether a majority of the three-judge district court erred in finding this case moot because of the one-judge district court decision enjoining Legislative District 15, which is currently in dispute in a separate appeal, when it remains an open question whether appellant and others will continue to be illegally racially sorted under either old or new district lines.

DateProceedings and Orders (key to color coding)
Oct 31 2023Statement as to jurisdiction filed. (Response due December 4, 2023)
Nov 03 2023Motion to extend the time to file a motion to dismiss or affirm from December 4, 2023 to February 2, 2024, submitted to The Clerk.
Nov 06 2023Response to motion to extend the time to file a motion to dismiss or affirm from appellant filed.
Nov 06 2023Motion to extend the time to file a response to the jurisdictional statement is granted in part and the time is extended to and including December 27, 2023, for all appellees.
Nov 09 2023Motion for leave to intervene filed by Susan Soto Palmer, Faviola Lopez, Alberto Macias, Heliodora Morfin, and Caty Padilla.
Nov 14 2023Response to motion for leave to intervene from appellant filed.
Nov 20 2023Reply to response to motion for leave to intervene of Susan Soto Palmer, Faviola Lopez, Alberto Macias, Heliodora Morfin, and Caty Padilla filed.
Nov 21 2023Motion DISTRIBUTED for Conference of 12/8/2023.
Dec 01 2023Correction to Appendix of Benancio Garcia, III submitted.
Dec 11 2023Motion for leave to intervene filed by Susan Soto Palmer, et al. DENIED.
Dec 21 2023Brief amici curiae of Susan Soto Palmer, et al. filed.
Dec 22 2023Motion to dismiss or affirm filed by appellee Washington.
Dec 28 2023Brief opposing motion to dismiss or affirm filed by appellant Benancio Garcia, III.
Dec 28 2023Waiver of the 14-day waiting period for the distribution of the jurisdictional statement pursuant to Rule 18.7 filed by appellant.
Jan 03 2024DISTRIBUTED for Conference of 1/19/2024.
Feb 09 2024DISTRIBUTED for Conference of 2/16/2024.
Feb 20 2024Judgment VACATED and case REMANDED to the United States District Court for the Western District of Washington with instructions to enter a fresh judgment from which an appeal may be taken to the United States Court of Appeals for the Ninth Circuit.