The 9th's order reads:The 9th's (boilerplate) order.P&E wrote:On April 18, two judges of the Ninth Circuit Court of Appeals issued an order responsive to Arpaio’s Writ of Mandamus instructing the “United States of America,” or “real party in interest,” to respond within 14 days. “This petition for a writ of mandamus raises issues that warrant an answer,” wrote Judges McKeown and Hurwitz in their brief two-page order.
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Despite a cacophony of media reports virtually crowing about Arpaio’s criminal indictment at the time, the same media has fallen strangely silent given the aforementioned recent developments.
That language should look familiar to Rondeau because it is the exact same language (except for the judge's name) that was issued in October 2016 when the 9th ordered a response in Montgomery's petition to intervene. Because it is a boilerplate call for response, and the standard for requiring a response is fairly low.This petition for a writ of mandamus raises issues that warrant an answer. See Fed. R. App. P. 21(b). Accordingly, within 14 days after the date of this order, the real party in interest shall file an answer.
The district court, within 14 days after the date of this order, may address the petition if it so desires. The district court may elect to file an answer with this court or to issue a supplemental order and serve a copy on this court. Petitioner may file a reply within 5 days after service of the answer(s). The petition, answer(s), and any reply shall be referred to the next available motions panel.
The Clerk shall serve this order on the district court and District Judge Bolton.
Rondeau uncritically parrots Zullo's belief that it is notable that the 9th called for a response. Yet six weeks after the same "big-deal" order in Montgomery's petition, the 9th in December 2016 denied that petition -- without argument.
If the past is prologue, the 9th's June motions panel will deny Arpaio's petition around June 13. Plenty of time for Arpaio to beg for yet another continuance in the district court before the scheduled start of his June 26 trial.