The family has now appealed the federal court ruling to the U.S. Court of Appeals for the Ninth Circuit. That court set the following briefing schedule:
- Opening brief and excerpts of record are due not later than June 13, 2016
- Answering brief is due July 11, 2016 or 28 days after service of the opening brief, whichever is earlier
- Optional reply brief is due within 14 days after service of the answering brief
Obviously, the appeal will not be decided until at least August. The appeal would be moot if physiological support were withdrawn when the trial court's TRO expires on this Friday. So, the family has made an emergency motion for injunction pending appeal. Kaiser must respond to the emergency motion by 9:00 a.m. on May 19, 2016.