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.
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.
| Date | Proceedings and Orders (key to color coding) |
|---|
| Oct 31 2023 | Statement as to jurisdiction filed. (Response due December 4, 2023) |
| Nov 03 2023 | Motion 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 2023 | Response to motion to extend the time to file a motion to dismiss or affirm from appellant filed. |
| Nov 06 2023 | Motion 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 2023 | Motion for leave to intervene filed by Susan Soto Palmer, Faviola Lopez, Alberto Macias, Heliodora Morfin, and Caty Padilla. |
| Nov 14 2023 | Response to motion for leave to intervene from appellant filed. |
| Nov 20 2023 | Reply to response to motion for leave to intervene of Susan Soto Palmer, Faviola Lopez, Alberto Macias, Heliodora Morfin, and Caty Padilla filed. |
| Nov 21 2023 | Motion DISTRIBUTED for Conference of 12/8/2023. |
| Dec 01 2023 | Correction to Appendix of Benancio Garcia, III submitted. |
| Dec 11 2023 | Motion for leave to intervene filed by Susan Soto Palmer, et al. DENIED. |
| Dec 21 2023 | Brief amici curiae of Susan Soto Palmer, et al. filed. |
| Dec 22 2023 | Motion to dismiss or affirm filed by appellee Washington. |
| Dec 28 2023 | Brief opposing motion to dismiss or affirm filed by appellant Benancio Garcia, III. |
| Dec 28 2023 | Waiver of the 14-day waiting period for the distribution of the jurisdictional statement pursuant to Rule 18.7 filed by appellant. |
| Jan 03 2024 | DISTRIBUTED for Conference of 1/19/2024. |
| Feb 09 2024 | DISTRIBUTED for Conference of 2/16/2024. |
| Feb 20 2024 | Judgment 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. |
| Mar 25 2024 | Judgment Issued. |
