FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RUSSELL ALLEN NORDYKE; ANN
SALLIE NORDYKE, dba TS Trade
Shows; JESS B. GUY; DUANE DARR;
WILLIAM J. JONES; DARYL N.
DAVID; TASIANA WESTYSCHYN; JEAN No. 07-15763
LEE; TODD BALTES; DENNIS BLAIR,
R.L. ADAMS; ROGER BAKER; MIKE D.C. No.
FOURNIER; VIRGIL MCVICKER, CV-99-04389-MJJ
Plaintiffs-Appellants, Northern District of
California,
v. San Francisco
MARY V. KING; GAIL STEELE;
WILMA CHAN; KEITH CARSON; ORDER
SCOTT HAGGERTY; COUNTY OF
ALAMEDA; COUNTY OF ALAMEDA
BOARD OF SUPERVISORS,
Defendants-Appellees.
Filed April 4, 2012
Before: Alex Kozinski, Chief Judge, Harry Pregerson,
Stephen Reinhardt, Diarmuid F. O’Scannlain,
Michael Daly Hawkins, Susan P. Graber, Ronald M. Gould,
Richard C. Tallman, Consuelo M. Callahan,
Milan D. Smith, Jr., and Sandra S. Ikuta, Circuit Judges.
Order;
Concurrence by Judge M. Smith;
Dissent by Chief Judge Kozinski
3659
3660 NORDYKE v. KING
ORDER
The panel believes that the parties should attempt to settle
this dispute by agreeing on the conditions for holding gun
shows at the Alameda County fairgrounds, with the assistance
of mediation. The case is referred to the Circuit Mediation
Office for mediation, and its submission is deferred for 45
days or pending further order of the court.
The Circuit Mediator will contact the parties as soon as
possible and shall provide a status report to the panel no later
than 45 days following this order.
M. SMITH, Circuit Judge, concurring:
I concur with the Court’s order sending this case to media-
tion. However, I would have attached a copy of a proposed
disposition in this case so that the parties would know what
they would face in the event mediation fails.
KOZINSKI, Chief Judge, with whom GOULD, Circuit Judge,
joins, dissenting:
The parties have not asked for mediation; they have said
nothing that suggests mediation would be fruitful; when asked
about it in court, they displayed obvious distaste for the idea.
We overstep our authority by forcing the parties to spend time
and money engaging in a mediation charade. Our job is to
decide the case, and do so promptly. This delay serves no use-
ful purpose; it only makes us look foolish. I want no part of
it.