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15-30098 - USA v. Jerad Kynaston, et al


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15-30098 - USA v. Jerad Kynaston, et al
August 16, 2016
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FILED OPINION (DIARMUID F. O'SCANNLAIN, BARRY G. SILVERMAN and CARLOS T. BEA) We have jurisdiction under the All Writs Act to “issue all writs necessary or appropriate in aid of [our] jurisdiction[] and agreeable to the usages and principles of law.” 28 U.S.C. § 1651. The writ of mandamus “is a drastic and extraordinary remedy reserved for really extraordinary causes.” United States v. Guerrero, 693 F.3d 990, 999 (9th Cir. 2012) (quoting Cheney v. U.S. Dist. Court, 542 U.S. 367, 380 (2004)). We DENY the petitions for the writ of mandamus because the petitioners have other means to obtain their desired relief and because the district courts’ orders were not clearly erroneous as a matter of law. See id. (citing Bauman v. U.S. Dist. Ct., 557 F.2d 650, 654–55 (9th Cir. 2010)). In addition, we GRANT the motion for leave to file an oversize reply brief, ECF No. 47-2 [9655891-2] ; DENY the motion to strike, ECF No. 52 [9659719-2] ; and DENY the motion for judicial notice, ECF No. 53 [9661985-2]. VACATED AND REMANDED WITH INSTRUCTIONS. Judge: DFO Authoring, FILED AND ENTERED JUDGMENT. [10088095] [15-10117, 15-10122, 15-10127, 15-10132, 15-10137, 15-30098] FILED OPINION (DIARMUID F. O'SCANNLAIN, BARRY G. SILVERMAN and CARLOS T. BEA) VACATED; REMANDED. Judge: DFO Authoring, Judge: BGS On panel but did not write, Judge: CTB On panel but did not write. FILED AND ENTERED JUDGMENT. [10088095] [15-10117, 15-10122, 15-10127, 15-10132, 15-10137, 15-30098]--[Edited 08/16/2016 by RMM]