Digitally signed

by Joseph Zernik
Human Rights Alert DN: cn=Joseph
Zernik, o, ou,
PO Box 526, La Verne, CA 91750 email=jz12345@e
Fax: 323.488.9697; Email: jz12345@earthlink.net arthlink.net, c=US
Blog: http://human-rights-alert.blogspot.com/ Date: 2011.01.23
13:23:26 +02'00'
Scribd: http://www.scribd.com/Human_Rights_Alert

11-01-23 Log Cabin Republicans v USA (10-56634, 10-56813): Zernik’s Request for Statement
on the Record by Clerk Molly C Dwyer in re: Dockets of the Appeals

Attached:
1) Zernik’s Request for Statement on the Record by Clerk Molly C Dwyer in re: Dockets of the Appeals as
served and filed ….. 2
2) January 21, 2011 online PACER Docket of Log Cabin Republicans v USA et al (10-56634) in the US
Court of Appeals, 9th Circuit ….. 13
3) October 20, 2010 Order, listed in the names of Circuit Judges O’Scanlain, Trott, and W. Fletcher (Dkt #5
under 10-56634), as published in the PACER docket of the US District Court, Central District of
California ….. 21
4) January 18, 2011 Order issued in the name of Deputy Clerk Liz Noteware (Dkt #52 under 10-56634), as
published in the PACER docket of the US Court of Appeals, 9th Circuit ….. 22
See also:
[1] 11-01-08 Press Release: ‘Don’t Ask Don’t Tell' - Motion to Intervene, Requesting the US Court of
Appeals to Dismiss the Appeals from an Uncertified Judgment, was Posted in the Docket, is Now
Pending before the Court-s
http://www.scribd.com/doc/46528428/
[2] 11-01-07 Log Cabin Republicans v USA et al (10-56634) at the US Court of Appeals, 9th Circuit -
Motion to Intervene and Concomitantly Filed Papers as published in the online PACER dockets
http://www.scribd.com/doc/46516034/
[3] 11-01-21 Press Release: Log Cabin Republicans Oppose Challenge to Validity of the Judgment in the
‘Don’t Ask, Don’t Tell’ Litigation
http://www.scribd.com/doc/47323956/
[4] 11-01-21 Log Cabin Republicans v USA (10-56634, 10-56813) - in the US Court of Appeals, 9th Circuit:
Log Cabin Republicans Oppose Challenge to Validity of the Judgment in the ‘Don’t Ask, Don’t Tell’
Litigation: Opposition (Dkt #49), and Order (Dkt #52)
http://www.scribd.com/doc/47323178/
[5] 1-01-23 Log Cabin Republicans v USA (10-56634, 10-56813) Zernik’s Reply in Support of Motion
to Intervene as filed and served
http://www.scribd.com/doc/47400611/
 Case Nos 10-56634 and 10-56813

IN THE UNIED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

Log Cabin Republicans,

a non-profit corporation,
Plaintiff-Appellee/Cross Appellant,

vs

United States of America; Robert M Gates,

Secretary of Defense, in his official capacity,
Defendants-Appellants/Cross Appellees.
___________

ON APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA
No CV 04-8425, Honorable Virginia A Phillips, Judge
___________
[Proposed] INTERVENOR DR JOSEPH ZERNIK’S VERIFIED
MOTION FOR ORDERS ON CLERK OF THE COURT MOLLY C
DWYER FOR:
1) A STATEMENT ON THE RECORD IN RE: RECORDS IN
APPEALS UNDER LOG CABIN REPUBLICANS V USA ET AL, AND
2) PUBLICATION AND SERVICE OF THE NDAs (NOTICES OF
DOCKET ACTIVITY) IN INSTANT APPEALS

Joseph Zernik, PhD

In Pro Se
2231 South Court
Palo Alto, CA 94301
Telephone: (323) 521-6209
Facsimile (213) 261-9881
jz12345@earthlink.net
 [Proposed] INTERVENOR DR JOSEPH ZERNIK’S VERIFIED

MOTION FOR ORDERS ON CLERK OF THE COURT MOLLY C

DWYER FOR:

1) A STATEMENT ON THE RECORD IN RE: RECORDS IN

APPEALS UNDER LOG CABIN REPUBLICANS V USA ET AL, AND

2) PUBLICATION AND SERVICE OF THE NDAs (NOTICES OF

DOCKET ACTIVITY) IN INSTANT APPEALS

TO THE COURT AND TO PARTIES: Intervenor Dr Joseph Zernik (“Zernik”)

herein files his Motion for Orders on Clerk of the Court Molly C Dwyer, in re:

Records in appeals under Log Cabin Republicans v USA et al (10-56634 and 10-

56813).

1. Zernik has gained considerable familiarity with the design and practices

of PACER and CM/ECF (online public access and case management

systems) in the US Courts.

Zernik has reviewed PACER and CM/ECF records of numerous US district

courts and US courts of appeals from coast to coast. Zernik has also reviewed also

respective local rules of courts, general orders, users’ manuals, instruction video

transcripts, and other related materials in numerous US courts. Zernik has also

published a report regarding the design and practices of the US courts pertaining

to PACER and CM/ECF in a peer-reviewed, scholarly, international computer

2/11
science journal, with an Editorial Board listing computer science scholars from six

European nations and Canada. [ 1 ]

2. Zernik claims that the PACER dockets in instant Appeals appear vague

and ambiguous.

Zernik claims that certain points, detailed below, pertaining to the PACER

dockets of instant appeals remain vague and ambiguous, in alleged contradiction

with Due Process and First Amendment Rights.

3. Therefore, the US Court of Appeals, 9th Circuit, is respectfully requested

to enter the two orders, listed under 4) and 5) below, on Clerk of the Court

Molly C Dwyer.

The two orders on Clerk of the Court Molly C Dwyer, listed below, are requested by

Zernik in order to safeguard his Due Process and First Amendment rights, and the Due

Process and First Amendment rights of all those, who are similarly situated.

4. Proposed Order #1: The Court is requested to Order Clerk Molly C

Dwyer to enter a statement on the record in re: records in appeals under

Log Cabin Republicans v USA et al (10-56634 and 10-56813).

The Court is requested to order Clerk Molly C Dwyer as follows.

Clerk of the Court Molly C Dwyer shall immediately enter a statement on the

record addressing the following points pertaining to court records in Log Cabin

Republicans v USA et al (10-56634 and 10-56813):

1
Zernik, J: Data Mining of Online Judicial Records of the Networked US Federal Courts,
International Journal on Social Media: Monitoring, Measurement, Mining, 1:69-83 (2010)

3/11
a) Validity of the PACER dockets under Log Cabin Republicans v USA et

al (10-56634 and 10-56813) in their entirety:

Were the PACER dockets in the caption listed above constructed and

published pursuant to the law of the United States, under the authority of

Clerk Molly C Dwyer, and in compliance with her Oath of Office?

b) Validity and effect of the October 2010 Judgment in Log Cabin

Republicans v USA et al (2:04-cv-08425), from which the appeals were

taken:

i. In opening the dockets, did the Clerk establish that the October

2010 Judgment was entered by the US District Court in the

manner required by US law to render it a valid and effectual

judgment, which should be accorded full faith and credit?

ii. Was the Date of Entry of Judgment of the October 2010

Judgment recorded in the PACER dockets of instant Appeals?

iii. If so, how did the Office of the Clerk determine the date on

which the October 2010 Judgment was entered by the US District

Court, to render it valid and effectual judgment, which should be

accorded full faith and credit?

c) Entry of records in the dockets of instant appeals:

4/11
 Multiple records are listed in the dockets of instant appeals as “submitted”

or “filed”. Are such records also deemed by the Clerk of the Court as

“entered” in the dockets?

d) Identity and authority of individuals who incorporated notations in the

dockets of instant appeals:

The following individuals are identified by initials, as the ones who

incorporated notations in the dockets of instant appeals:

HH, HCW, EM, RS, RY, ASW, CLD, PCR, BJW, DJS, PK, SD, JS, SB, BY, RY, BG, AK,

BJB, AJS, CW, and KD.

i. What are the full names of the individuals identified by the

initials listed above?

ii. Are any and all such individuals authorized Deputy Clerks of the

Court?

iii. Did the individuals, identified by the initials listed above, act

under the authority of the Clerk of the Court in incorporating the

respective notations in the dockets of instant appeals?

e) Validity and effect of the NADs (Notices of Docket Activity) as

certificates of authentication/attestation under the authority of the

Clerk of the Court:

5/11
 i. Are the NDAs, which were presumably issued in CM/ECF in

instant appeals, deemed by the Clerk of the Court valid and

effectual certificates of authentication/attestation under the

authority of the Clerk of the Court?

ii. In case the NDAs are not deemed by the Clerk valid and

effectual certificates of authentication/attestation under the

authority of the Clerk of the Court, will the Clerk of the Court be

ready, willing, able, to provide a valid and effectual certificate of

authentication/ attestation for the October 20, 2010 Order, listed

in the names of Circuit Judges O’Scanlain, Trott, and W. Fletcher

(Dkt #5 under 10-56634), as an Order of the Court, which should

be accorded full faith and credit?

iii. In case the NDAs are not deemed by the Clerk valid and

effectual certificates of authentication/attestation under the

authority of the Clerk of the Court, will the Clerk of the Court be

ready, willing, able, to provide a valid and effectual certificate of

authentication/ attestation for the January 18, 2011 Order issued

in the name of Deputy Clerk Liz Noteware (Dkt #52 under 10-

56634)?

f) Validity and effect of signatures on records, which were published in

the PACER dockets of instant appeals:

6/11
 i. Did the Clerk of the Court discern any valid form of signature on

the October 20, 2010 Order, listed in the names of Circuit Judges

O’Scanlain, Trott, and W. Fletcher (Dkt #5 under 10-56634), as

published in the PACER dockets?

ii. If not, why would the clerk not remove the October 20, 2010

Order (Dkt #5 under 10-56634) from the dockets?

iii. Did the Clerk of the Court discern any valid form of signature on

the January 18, 2011 Order issued in the name of Deputy Clerk

Liz Noteware (Dkt #52 under 10-56634), as published in the

PACER dockets?

iv. If not, why would the clerk not remove the January 18, 2011

Order (Dkt #52 under 10-56634) from the dockets?

5. Proposed Order #2: The Court is requested to order Clerk of the Court

Molly C Dwyer to publish the NDAs (Notices of Docket Activity) in the

dockets of instant appeals and serve the NDAs on Zernik.

The Court is requested to order Clerk Molly C Dwyer as follows.

The NDAs (Notices of Docket Activity) are court records, which are integral to

the court files in the Appeals under Log Cabin Republicans v USA et al (10-56634

and 10-56813). Therefore, pursuant to First Amendment and Due Process rights,

Clerk Molly C Dwyer shall immediately publish the NDAs in the respective

7/11
PACER dockets and serve the NDAs on Zernik by USPS First Class mail, while

his request for CM/ECF password is pending.

Dated: January 23rd, 2011 Joseph Zernik

By: ______________
JOSEPH H ZERNIK
Intervenor, In Pro Se
2231 South Court
Palo Alto, CA 94301
Telephone: (323) 521-6209
Facsimile (213) 261-9881
jz12345@earthlink.net

____________

STATEMENT OF VERIFICATION

I, the undersigned, Joseph Zernik, read instant [Proposed] Intervenor’s

VERIFIED MOTION FOR ORDERS ON CLERK OF THE COURT
MOLLY C DWYER, and I know the content thereof to be true and correct; it is
true and correct based on my own personal knowledge, except as to those matters
therein stated as based upon information and belief, and as to those matters, I
believe them to be true and correct as well.
I make this declaration that the foregoing is true and correct under penalty of
perjury pursuant to the laws of the United States.
Executed on January 23rd, 2011.

____________________
Joseph Zernik
____________

8/11
 CERTIFICATE OF SERVICE

I, the undersigned Joseph Zernik, served this date the documents described as: VERIFIED
MOTION FOR ORDERS ON CLERK OF THE COURT MOLLY C
DWYER on parties in this action by a) dispatching it to a third party commercial
carrier for delivery within 3 business days, and/or b) emailing (as listed below)
true copy thereof, as follows:

a. Counsel for United States of America

Anthony J. Steinmeyer (anthony.steinmeyer@usdoj.gov)
(202) 514-3388
August E. Flentje (august.flentje@usdoj.gov)
(202) 514-3309
Henry Whitaker (henry.whitaker@usdoj.gov)
(202) 514-3180
Attorneys, Civil Division, Appellate Staff
Department of Justice
950 Pennsylvania Ave., NW Room 7256
Washington, D.C. 20530
BY EMAIL AND BY COMMERCIAL CARRIER

b. Counsel for Log Cabin Republicans

Dan Woods (dwoods@whitecase.com)
(213) 620-7772
Earle Miller (emiller@whitecase.com)
(213) 620-7785
Aaron Kahn (aakahn@whitecase.com)
(213) 620-7751
White & Case LLP
633 West Fifth Street, Suite 1900
Los Angeles, CA 90071
BY EMAIL AND BY COMMERCIAL CARRIER

c. Filers of Amicus Briefs

1) SERVICEMEMBERS LEGAL DEFENSE WORK
Amicus Curiae,
Christopher L. Dueringer
Direct: 310-576-2183
[NTC Retained]
BRYAN CAVE LLP
Suite 300
120 Broadway
Santa Monica, CA 90401-2386
JAMES E.PIETRANGELO, II
Amicus Curiae - Pending,
[COR NTC]
Firm: 802.33.0501
P.O. Box 548
Avon, OH 44011

9/11
Fax 1 310 260 4183
BY EMAIL: cldueringer@bryancave.com

2) SERVICEMEMBERS LEGAL DEFENSE NETWORK

Amicus Curiae,
William Hibsher, Partner
Direct: 212-541-1085
[NTC]
BRYAN CAVE LLP
1290 Avenue of the Americas
New York, NY 10104
JAMES E. PIETRANGELO, II
Amicus Curiae - Pending,
J Pietrangelo II, Esquire
[COR NTC]
(see above)
Fax 1 212 541 1486
BY EMAIL: wjhibsher@bryancave.com

3) SERVICEMEMBERS LEGAL DEFENSE NETWORK

Chris LaRocco, Attorney
Amicus Curiae, Direct: 212-541-3163
[NTC]
BRYAN CAVE LLP
1290 Avenue of the Americas
New York, NY 10104
Fax 1 212 541 1343
BY EMAIL: chris.larocco@bryancave.com

4) LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC.

Amicus Curiae,
Jon Davidson
Direct: 213-382-7600
[NTC]
LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC.
Ste. 1300
3325 Wilshire Blvd.
Los Angeles, CA 90010-1729
By Fax: 1-213-351-6050@myfax.com

5) THE PALM CENTER

Amicus Curiae,
Bridget Jeanne Wilson, Esquire, Attorney
Direct: 619-232-8377
[COR LD NTC Retained]
Rosenstein, Wilson & Dean, P.L.C.
Suite 300
1910 First Avenue
San Diego, CA 92101
Fax: (619) 238-8376
BY EMAIL: bwilson@rwdlaw.com

6) SERVICEMEMBERS UNITED
Amicus Curiae,
Raven Sarnoff, Attorney
Direct: 213-536-4236
[NTC]

10/11
Sarnoff & Sarnoff, APLC
Firm: 213.536.4236
707 Wilshire Boulevard, Suite 4750
Los Angeles, CA 90017
BY EMAIL: dsarnoff@sarnofflaw.com

7) SERVICEMEMBERS UNITED
Amicus Curiae,
David Joshua Sarnoff, Esquire, Attorney
Direct: 213-536-4236
[NTC]
Sarnoff + Sarnoff, APLC
Suite 4750
707 Wilshire Blvd.
Los Angeles, CA 90017
BY EMAIL: Rsarnoff@sarnofflaw.com

I certify and declare, under penalty of perjury under the laws of the United
States of America, that the foregoing is true and correct.

Executed on January 23rd, 2011,

Joseph Zernik

By: ______________
JOSEPH ZERNIK
[Proposed] Intervenor, In Pro Se
2231 South Court
Palo Alto, CA 94301
Telephone: (323) 521-6209
Facsimile (213) 261-9881
jz12345@earthlink.net

11/11
1/21/2011 10-56634 Docket
General Docket
United States Court of Appeals for the Ninth Circuit

Court of Appeals Docket #: 10-56634 Docketed: 10/15/2010

Nature of Suit: 2890 Other Statutory Actions
Log Cabin Republicans v. USA, et al
Appeal From: U.S. District Court for Central California, Los Angeles
Fee Status: USA - No Fee Req

Case Type Information:

1) civil
2) united states
3) null

Originating Court Information:

District: 0973-2 : 2:04-cv-08425-VAP-E
Court Reporter: Blanca Aguilar, Official Court Reporter
Trial Judge: Virginia A. Phillips, District Judge
Date Filed: 10/12/2004
Date Order/Judgment: Date Order/Judgment EOD: Date NOA Filed: Date Rec'd COA:
10/12/2010 10/12/2010 10/14/2010 10/14/2010

Prior Cases:
08-56185
Date Filed: 07/22/2008 Date Disposed: 11/06/2008 Disposition: Jurisdictional Defects
08-73194
Date Filed: 07/24/2008 Date Disposed: 01/22/2009 Disposition: Denied

Current Cases:
Lead Member Start End
Cross-Appeal
10-56634 10-56813 11/19/2010

LOG CABIN REPUBLICANS, a non-profit corporation Aaron Kahn

Plaintiff - Appellee, Direct: 213-620-7700
[COR LD NTC Retained]
WHITE & CASE LLP
19th Floor
633 West Fifth Street
Los Angeles, CA 90701-2007

Earle Miller
Direct: 213-620-7700
[COR LD NTC Retained]
White & Case LLP
Suite 1900
633 West Fifth Street
Los Angeles, CA 90071-2007

Daniel James Woods, Esquire, Attorney

Direct: 213-620-7700
[COR LD NTC Retained]
White & Case LLP
Suite 1900
633 West Fifth Street
Los Angeles, CA 90071-2007

JOSEPH ZERNIK Joseph Zernik

Intervenor - Pending, Direct: 323-521-6209
[NTC]
2231 South Court
Palo Alto, CA 94301
v.

ecf.ca9.uscourts.gov/…/TransportRoom 1/8
1/21/2011 10-56634 Docket
UNITED STATES OF AMERICA August E. Flentje
Defendant - Appellant, [COR LD NTC Government]
DOJ - U.S. Department of Justice
Civil Division - Appellate Staff
950 Pennsylvania Avenue, N.W.
Washington, DC 20530

Anthony John Steinmeyer, Assistant Director

[COR LD NTC Government]
DOJ - U.S. Department of Justice
Civil Division - Appellate Staff
950 Pennsylvania Avenue, N.W.
Washington, DC 20530

Henry Charles Whitaker, Attorney

[COR LD NTC Government]
DOJ - U.S. Department of Justice
Civil Division - Appellate Staff
950 Pennsylvania Avenue, N.W.
Washington, DC 20530

DONALD H. RUMSFELD, Secretary of Defense, in his official

capacity
Terminated: 10/21/2010
Defendant - Appellant,

ROBERT M. GATES, Secretary of Defense, in his official capacity August E. Flentje

Defendant - Appellant, [COR LD NTC Government]
(see above)

Anthony John Steinmeyer, Assistant Director

[COR LD NTC Government]
(see above)

Henry Charles Whitaker, Attorney

[COR NTC Government]
(see above)
------------------------------

SERVICEMEMBERS LEGAL DEFENSE WORK Christopher L. Dueringer

Amicus Curiae, Direct: 310-576-2183
[NTC Retained]
BRYAN CAVE LLP
Suite 300
120 Broadway
Santa Monica, CA 90401-2386

JAMES E.PIETRANGELO, II J Pietrangelo II, Esquire

Amicus Curiae - Pending, [COR NTC]
Firm: 802.33.0501
P.O. Box 548
Avon, OH 44011

SERVICEMEMBERS LEGAL DEFENSE NETWORK William Hibsher, Partner

Amicus Curiae, Direct: 212-541-1085
[NTC]
BRYAN CAVE LLP
1290 Avenue of the Americas
New York, NY 10104

JAMES E. PIETRANGELO, II J Pietrangelo II, Esquire

Amicus Curiae - Pending, [COR NTC]
(see above)

SERVICEMEMBERS LEGAL DEFENSE NETWORK Chris LaRocco, Attorney

ecf.ca9.uscourts.gov/…/TransportRoom 2/8
1/21/2011 10-56634 Docket
Amicus Curiae, Direct: 212-541-3163
[NTC]
BRYAN CAVE LLP
1290 Avenue of the Americas
New York, NY 10104

LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC. Jon Davidson

Amicus Curiae, Direct: 213-382-7600
[NTC]
LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC.
Ste. 1300
3325 Wilshire Blvd.
Los Angeles, CA 90010-1729

THE PALM CENTER Bridget Jeanne Wilson, Esquire, Attorney

Amicus Curiae, Direct: 619-232-8377
[COR LD NTC Retained]
Rosenstein, Wilson & Dean, P.L.C.
Suite 300
1910 First Avenue
San Diego, CA 92101

SERVICEMEMBERS UNITED Raven Sarnoff, Attorney

Amicus Curiae, Direct: 213-536-4236
[NTC]
Sarnoff + Sarnoff, APLC
Firm: 213.536.4236
707 Wilshire Boulevard, Suite 4750
Los Angeles, CA 90017

SERVICEMEMBERS UNITED David Joshua Sarnoff, Esquire, Attorney

Amicus Curiae, Direct: 213-536-4236
[NTC]
Sarnoff + Sarnoff, APLC
Suite 4750
707 Wilshire Blvd.
Los Angeles, CA 90017

ecf.ca9.uscourts.gov/…/TransportRoom 3/8
1/21/2011 10-56634 Docket
LOG CABIN REPUBLICANS, a non-profit corporation,

Plaintiff - Appellee,

JOSEPH ZERNIK,

Intervenor - Pending,

v.

UNITED STATES OF AMERICA; ROBERT M. GATES, Secretary of Defense, in his official capacity,

Defendants - Appellants.

ecf.ca9.uscourts.gov/…/TransportRoom 4/8
1/21/2011 10-56634 Docket
10/15/2010 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: No. The schedule is
10 pg, 198.91 KB set as follows: Transcript ordered by 11/15/2010. Transcript due 12/13/2010. Appellant Donald H.
Rumsfeld and Appellant United States of America opening brief due 01/24/2011. Appellee Log Cabin
Republicans answering brief due 02/22/2011. Appellant's optional reply brief is due 14 days after service of
the answering brief. [7509999] (HH)
10/15/2010 2 Filed Appellants Donald H. Rumsfeld and USA's Mediation Questionnaire; served on 10/14/2010.
2 pg, 356.36 KB [7510015] (HH)

10/20/2010 3 Filed (ECF) Appellants Donald H. Rumsfeld and USA EMERGENCY Motion to stay lower court action.
185 pg, 2.64 MB Date of service: 10/20/2010. [7515210] (HCW)

10/20/2010 4 Filed (ECF) Appellee Log Cabin Republicans response opposing motion (,motion to stay lower court
342 pg, 1.28 MB action). Date of service: 10/20/2010. [7516021] (EM)
10/20/2010 5 Filed order (DIARMUID F. O'SCANNLAIN, STEPHEN S. TROTT and WILLIAM A. FLETCHER)This court
1 pg, 22.86 KB has received appellant’s emergency motion to stay the district court’s October 12, 2010 order pending
appeal. The order is stayed temporarily in order to provide this court with an opportunity to consider fully
the issues presented. Appellee may file an opposition to the motion for a stay pending appeal by October
25, 2010. To expedite consideration of the motion, no reply shall be filed. [7516656] (RS)

10/21/2010 6 Terminated Paul G. Freeborne for USA and Donald H. Rumsfeld in 10-56634. Per attorney's notification--
he will not be participating in the appeal. [7518469] (RY)
10/21/2010 7 Entered appearance of Appellant Robert M. Gates. [7518572] (ASW)

10/21/2010 8 Terminated Appellant Donald Rumsfeld in 10-56634 [7518573] (ASW)

10/25/2010 9 Filed (ECF) Appellee Log Cabin Republicans Motion to file oversized response and Response opposing
562 pg, 4.43 MB motion (motion to stay lower court action). Date of service: 10/25/2010. [7521688]--[COURT UPDATE:
Corrected docket text to reflect fact filing contains motion to file oversized response, resent NDA,
10/26/2010 by AWM] (EM)

10/25/2010 10 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by
16 pg, 38.92 KB Servicemembers Legal Defense Network. Date of service: 10/25/2010. [7521726]--[COURT UPDATE:
Attached corrected brief (footnotes). Resent notice. 10/27/2010 by RY] (CLD)
10/25/2010 11 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by
17 pg, 69.41 KB Lambda Legal Defense and Education Fund, Inc.. Date of service: 10/25/2010. [7521729] (PCR)

10/25/2010 12 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by
14 pg, 138.67 KB The Palm Center. Date of service: 10/25/2010. [7521780] (BJW)

10/25/2010 13 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by
23 pg, 62.01 KB Servicemembers United. Date of service: 10/25/2010. [7521852] (DJS)
10/27/2010 14 Entered appearance of Amicus Curiaes Servicemembers Legal Defense Work. [7524651] (PK)

10/27/2010 15 Entered appearance of Amicus Curiae Lambda Legal Defense and Education Fund, Inc. [7524680] (PK)

10/27/2010 16 Filed clerk order: The amicus brief [11] submitted by Lambda Legal Defense and Education Fund, Inc. is
2 pg, 82.11 KB filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with
a green cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is
identical to the version submitted electronically. [7524682] (PK)
10/27/2010 17 Entered appearance of Amicus Curiae The Palm Center. [7524713] (PK)

10/27/2010 18 Filed clerk order: The amicus brief [12] submitted by The Palm Center is filed. Within 7 days of the filing of
2 pg, 82.07 KB this order, filer is ordered to file 7 copies of the brief in paper format, with a green cover, accompanied by
certification, attached to the end of each copy of the brief, that the brief is identical to the version
submitted electronically. [7524719] (PK)
10/27/2010 19 Entered appearance of Amicus Curiaes Servicemembers United. [7524757] (PK)

10/27/2010 20 Filed clerk order: The amicus brief [13] submitted by Servicemembers United is filed. Within 7 days of the
2 pg, 82.08 KB filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a green cover,
accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the
version submitted electronically. [7524760] (PK)
10/28/2010 21 Filed clerk order: The amicus brief [10] submitted by Servicemembers Legal Defense Work is filed. Within
2 pg, 82.1 KB 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a green

ecf.ca9.uscourts.gov/…/TransportRoom 5/8
1/21/2011 10-56634 Docket
cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical
to the version submitted electronically. [7526168] (PK)
10/28/2010 22 Received 7 paper copies of Amicus brief [11] filed by Lambda Legal Defense and Education Fund, Inc..
[7527852] (SD)

10/29/2010 23 Received 7 paper copies of Amicus brief [10] filed by Servicemembers Legal Defense Network. [7528265]
(SD)

11/01/2010 24 Filed order (DIARMUID F. O'SCANNLAIN, STEPHEN S. TROTT and WILLIAM A. FLETCHER) Appellee’s
8 pg, 48.33 KB motion for leave to file an oversize response to appellant’s motion for stay pending appeal is GRANTED.
Appellant’s motion to stay the district court’s October 12, 2010, order pending appeal is GRANTED. The
briefing schedule established previously shall remain in effect. (SEE ORDER FOR FULL TEXT; W.
Fletcher, dissenting.) [7530038] (JS)
11/01/2010 25 Received 7 paper copies of Amicus brief [13] filed by Servicemembers United. [7531192] (SD)

11/01/2010 30 Entered appearance of Amicus Curiae - Pending James E.Pietrangelo, II. [7545168] (PK)

11/01/2010 31 Filed James E. Pietrangelo, II motion to to become amicus curiae, served on 10/27/2010. [7545215] (PK)
4 pg, 135.28 KB

11/01/2010 32 Received original and 6 copies of Amicus Curiae - Pending James E. Pietrangelo, II brief in 7 pages. Major
8 pg, 315.51 KB deficiencies: motion pending. Served on. 10/27/2010 . [7545238] (PK)

11/03/2010 26 Received 7 paper copies of Amicus brief [12] filed by The Palm Center. [7534966] (SD)

11/05/2010 27 Case rejected from Circuit Mediation Program. [7536106] [10-10432, 10-15994, 10-16021, 10-16116, 10-
16369, 10-16932, 10-16946, 10-17022, 10-17032, 10-17064, 10-17086, 10-17108, 10-17181, 10-17232, 10-
17280, 10-17321, 10-55462, 10-56026, 10-56205, 10-56221, 10-56284, 10-56293, 10-56313, 10-56401, 10-
56416, 10-56422, 10-56432, 10-56461, 10-56502, 10-56521, 10-56525, 10-56593, 10-56634, 10-72655]
(SB)

11/12/2010 28 Received Supreme Court order dated 11/12/2010: The application to vacate the stay entered by the United
1 pg, 31.21 KB States Court of Appeals for the Ninth Circuit on 11/1/10, presented to Justice Kennedy and by him referred
to the Court is denied. (Sent to PANEL of 11/1/10 Order) [7543620]--[Edited 11/12/2010 by BY] (BY)

11/12/2010 29 Attorney Bernard J. Wilson in 10-56634 substituted by Attorney Bridget Jeanne Wilson in 10-56634.
Appearance of Bernard J. Wilson entered error. [7544048] (RY)
11/19/2010 33 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL FOR CROSS APPEAL. SEND
17 pg, 652.01 KB MQ: Yes. Setting cross-appeal briefing schedule as follows: Mediation Questionnaire due on 11/26/2010.
First cross appeal brief due 01/24/2011 for Robert M. Gates and United States of America. Second brief
on cross appeal due 02/23/2011 for Log Cabin Republicans. Third brief on cross appeal due 03/25/2011 for
Robert M. Gates and United States of America. Optional reply brief due 14 days from service from third
brief on cross appeal for Log Cabin Republicans. [7551578] [10-56813, 10-56634] (BG)

11/19/2010 34 Filed (ECF) Appellee Log Cabin Republicans in 10-56634, Appellant Log Cabin Republicans in 10-56813
10 pg, 59.92 KB Motion to expedite case. Date of service: 11/19/2010. [7552372] [10-56634, 10-56813] (AK)
11/24/2010 35 Filed (ECF) Appellants Robert M. Gates and USA in 10-56634, Appellees Robert M. Gates and USA in
5 pg, 68.01 KB 10-56813 Joint Motion to expedite case. Date of service: 11/24/2010. [7558364] [10-56634, 10-56813]
(HCW)

12/01/2010 36 Filed clerk order (Deputy Clerk:LN): The joint motion to expedite is granted in part. The previously
2 pg, 25.67 KB established cross-appeal briefing schedule is vacated. The court adopts the briefing schedule proposed in
the parties’ joint motion as follows: the government’s opening brief and excerpts of record are due January
24, 2011; Log Cabin Republicans’ answering brief and supplemental excerpts of record are due February
22, 2011; and the government’s reply brief is due March 8, 2011. The court also adopts the parties’
proposed expansion of the word limits for the answering brief and reply brief to 16,500 words and 8,000
words, respectively. The court denies the parties’ request to schedule oral argument in this case for a date
certain. The case will be calendared in due course. The motion to expedite filed by Log Cabin Republicans
on November 19, 2010 is denied as moot. [7563630] [10-56634, 10-56813] (BJB)

12/29/2010 37 Filed (ECF) Appellants Robert M. Gates and USA in 10-56634, Appellees Robert M. Gates and USA in
15 pg, 504.18 KB 10-56813 Motion to stay proceedings. Date of service: 12/29/2010. [7595842] [10-56634, 10-56813] (AJS)
01/06/2011 38 Entered appearance of Intervenor - Pending Joseph Zernik in 10-56634 and Intervenor - Pending Joseph
Zernik in 10-56813. [7604290] [10-56634, 10-56813] (CW)

01/06/2011 40 Filed Intervenor - Pending Joseph Zernik in 10-56634, 10-56813 request for lenience as a pro se filier.
5 pg, 144.51 KB Served on 12/27/2010. [7604305] [10-56634, 10-56813] (CW)

ecf.ca9.uscourts.gov/…/TransportRoom 6/8
1/21/2011 10-56634 Docket
01/06/2011 41 Filed Intervenor - Pending Joseph Zernik in 10-56634, 10-56813 motion for a declaratory mandate in Zernik
52 pg, 2.16 MB v. Connor... Served on 12/27/2010. [7604312] [10-56634, 10-56813] (CW)
01/06/2011 42 Filed Intervenor - Pending Joseph Zernik in 10-56634, 10-56813 motion for an order to show cause in re:
34 pg, 1.31 MB Log Cabin Republicans v. USA. Served on 12/27/2010. [7604316] [10-56634, 10-56813] (CW)
01/06/2011 43 Filed Intervenor - Pending Joseph Zernik in 10-56634, 10-56813 motion for a declaratory mandate: The
7 pg, 257.14 KB NEF's are public records. . Served on 12/27/2010. [7604322] [10-56634, 10-56813] (CW)

01/06/2011 44 Filed Intervenor - Pending Joseph Zernik in 10-56634, 10-56813 motion for a declaratory mandate - The
9 pg, 347.82 KB NEF, as drafted, is an invalid certification record. Served on 12/27/2010. [7604328] [10-56634, 10-56813]
(CW)
01/06/2011 45 Filed Intervenor - Pending Joseph Zernik in 10-56634, 10-56813 motion for a declaratory mandate: The
23 pg, 865.37 KB establishment of Pacer and CM/ECF...amounts to deprivation of rights... Served on 12/27/2010. [7604335]
[10-56634, 10-56813] (CW)

01/06/2011 46 Filed Intervenor - Pending Joseph Zernik in 10-56634, 10-56813 request for incorporation by reference.
5 pg, 180.39 KB Served on 12/27/2010. [7604340] [10-56634, 10-56813] (CW)

01/06/2011 47 Filed Intervenor - Pending Joseph Zernik in 10-56634, 10-56813 verified request for permission to obtain
4 pg, 146.48 KB CM/ECF password. Served on 12/27/2010. [7604345] [10-56634, 10-56813] (CW)
01/07/2011 39 Filed Intervenor - Pending Joseph Zernik in 10-56634, 10-56813 request to file, ntc to reliably inform the ct
29 pg, 1.02 MB of unprofessional conduct, motion to intervene. Served on 12/27/2010. [7604298] [10-56634, 10-56813]
(CW)

01/10/2011 48 Filed (ECF) Appellee Log Cabin Republicans response opposing motion (,motion to stay proceedings).
70 pg, 7.21 MB Date of service: 01/10/2011. [7605801] --[COURT UPDATE: Filing spread to case number 10-56813.
Resent NDA. 01/10/2011 by DB] (EM)

01/11/2011 49 Filed (ECF) Appellee Log Cabin Republicans in 10-56634 response opposing motion (,miscellaneous
3 pg, 16.03 KB request, ,miscellaneous request, ,miscellaneous request, ,miscellaneous request, ,miscellaneous
request, ,miscellaneous request, ,miscellaneous request, ,miscellaneous request, ,to intervene). Date of
service: 01/11/2011. [7607187] [10-56813, 10-56634] (EM)
01/13/2011 50 Filed (ECF) Appellee Log Cabin Republicans in 10-56634, Appellant Log Cabin Republicans in 10-56813
16 pg, 46.3 KB response opposing motion (, ,motion to stay proceedings). Date of service: 01/13/2011. [7611257] [10-
56634, 10-56813] (EM)

01/14/2011 51 Filed (ECF) Appellants Robert M. Gates and USA in 10-56634, Appellees Robert M. Gates and USA in
33 pg, 247.65 KB 10-56813 reply to response (,motion to stay proceedings, , ). Date of service: 01/14/2011. [7613611] [10-
56634, 10-56813] (HCW)
01/18/2011 52 Filed order MOATT: (LN) Briefing is temporarily stayed pending disposition of appellants’ opposed motion
1 pg, 23.14 KB to stay appellate proceedings. The motion to stay shall be decided in due course. The pending motions
filed by proposed intervenor Joseph Zernik shall be addressed by separate order. [7616331] [10-56634, 10-
56813] (KD)

ecf.ca9.uscourts.gov/…/TransportRoom 7/8
1/21/2011 10-56634 Docket
Clear All

Documents and Docket Summary

Documents Only

Include Page Numbers

Selected Pages: 0 Selected Size: 0 KB

View Selected

PACER Service Center

Transaction Receipt
01/21/2011 03:15:08
PACER Login: dr2600 Client Code:
Docket Report Search 10-
Description:
(filtered) Criteria: 56634
Billable
5 Cost: 0.40
Pages:

ecf.ca9.uscourts.gov/…/TransportRoom 8/8
 FILED
OCT:lO :101.
UNITED ST~ TE" COUkT '" ,,""ACS

fO~ THr. NINTII CIKCUrr

lOGCA"'N kHIJ"UCANS, N•. ,O).l6/}J'

._.".,fit .............
'.'O<-<y_,.a.,J·VA'
D,C. No.
C_ _ .f(,.ljf.,..~.

Coo"'" ~ _
•
U~ITED STATES Of "MEkICA ... OkO'.
""NACD H. WlotSFEW. <o<mart of
(,..-....... ON .lrK;" ''1'"'0)',

..fu«' O'<CANNLAI". nOTT .... W. FLETCIlEk.C.... l......

".,,....,...-_ ....... ..,.,....."'' ' ...._,,,,'' .... _.

.....

.....,,,