The case of Martin v. NCIS, in which a civilian defense investigator with an extensive military justice practice is suing various Marine Corps and Department of the Navy officials for allegedly interfering with her defense work and for engaging in a harassment campaign against her, is currently on hold while one of the defendants appeals the federal district court judge’s ruling that claims against him aren’t barred by the qualified immunity doctrine. The Ninth Circuit today ordered that counsel for the parties engage in a telephone settlement assessment conference on 12 January 2012 “to discuss whether this case is appropriate for participation in the Mediation Program.” (My prediction: no.) The Ninth Circuit revised the briefing schedule “as follows: appellant shall file an opening brief on or before February 13, 2012; appellee shall file an answering brief on or before March 14, 2012; appellant may file an optional reply brief on or before March 28, 2012.”
For Ninth Circuit purposes, the case is captioned Martin v. Martin, No. 11-56717.