Institute of Cetacean Research, et al v. Sea Shepherd Conservation Soc., et al
| INSTITUTE OF CETACEAN RESEARCH, a Japanese research foundation, KYODO SENPAKU KAISHA, LTD., a Japanese corporation, TOMOYUKI OGAWA, an individual and TOSHIYUKI MIURA, an individual |
| SEA SHEPHERD CONSERVATION SOCIETY, an Oregon nonprofit corporation and PAUL WATSON, an individual |
| 12-35266 |
| April 10, 2012 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutory Actions |
Docket Report
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| Filing 403 MANDATE ISSUED June 13, 2013 at [ # 161 ]. All post mandate proceedings are concluded. (AK, AWT and MDS) [10693894] (RR) [Entered: 12/18/2017 10:46 AM] |
| Filing 402 Filed order (ALEX KOZINSKI, A. WALLACE TASHIMA and MILAN D. SMITH, JR.) Plaintiffs unopposed motion to dissolve the preliminary injunction entered on December 17, 2012, at Dkt. [ # 31 ], is GRANTED. [10110491] (WL) [Entered: 09/01/2016 03:41 PM] |
| Filing 401 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd. and Tomoyuki Ogawa Unopposed Motion for miscellaneous relief [Motion to Dissolve Preliminary Injunction Order entered December 17, 2012 (Dkt. 31)]. Date of service: 08/25/2016. [10100237] [12-35266] (Neupert, John) [Entered: 08/25/2016 09:37 AM] |
| Filing 400 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd. and Tomoyuki Ogawa Correspondence: Notice of District Court Order Granting Stipulated Motion for Permanent Injunction. Date of service: 08/24/2016 [10099597] [12-35266] (Neupert, John) [Entered: 08/24/2016 03:32 PM] |
| Filing 399 Filed order (ALEX KOZINSKI, A. WALLACE TASHIMA and MILAN D. SMITH, JR.) On December 19, 2014, the court held Sea Shepherd Conservation Society, Paul Watson, Lani Blazier, Marnie Gaede, Bob Talbot, Robert Wintner, Ben Zuckerman, and Peter Rieman in civil contempt. On the same day, the court rereferred this matter to the Appellate Commissioner to recommend the appropriate amount of attorneys fees and costs and actual damages suffered and resources wasted as a result of the contempt. On June 9, 2015, the parties informed the court that they had reached a settlement, and jointly requested a stay of proceedings concerning damages for contempt to allow the settlement to be fully performed in accordance with its terms. On September 30, 2015, the parties filed a joint status report informing the court that a payment had been made in accordance with the settlement. In accordance with the settlement, Plaintiffs also filed a motion to dismiss all proceedings before the Appellate Commissioner, with prejudice and on the merits and without an award of costs to any party. Accordingly, Plaintiffs motion to dismiss with prejudice the damages proceedings before the Appellate Commissioner is granted. The reference to the Appellate Commissioner is withdrawn, and the contempt damages proceedings are dismissed. [9709050] (WL) [Entered: 10/06/2015 03:47 PM] |
| Filing 398 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Motion for miscellaneous relief [Motion to Dismiss Proceedings Before the Appellate Commissioner]. Date of service: 09/30/2015. [9701558] [12-35266] (Neupert, John) [Entered: 09/30/2015 10:09 AM] |
| Filing 397 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa status report (as required by Court order dated 06/09/2015). Date of service: 09/30/2015 [9701535] [12-35266] (Neupert, John) [Entered: 09/30/2015 10:02 AM] |
| Filing 396 Filed order (Appellate Commissioner): The parties joint request for a stay of proceedings concerning damages for contempt is granted. On or before September 30, 2015, the parties shall file a joint status report regarding the performance of the terms of their settlement. [9568187] (DJV) [Entered: 06/09/2015 05:29 PM] |
| Filing 395 The petition for writ of certiorari was denied on 06/08/2015. Supreme Court number 14-1300. (Panel: AK, AWT and MDS) . [9567130] (RR) [Entered: 06/09/2015 12:36 PM] |
| Filing 394 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd. and Tomoyuki Ogawa Correspondence: Letter to Appellate Commissioner Shaw notifying the Court of the parties' settlement of the matter pending before the Commissioner as to damages for contempt and jointly requesting a stay until 9/30/2015 to permit the settlement to be fully performed. Date of service: 06/09/2015 [9566987] [12-35266] (Neupert, John) [Entered: 06/09/2015 11:51 AM] |
| Filing 393 Filed order (Appellate Commissioner): The parties jointly request a further revision of the schedule for briefing on Plaintiffs request for attorneys fees. The agreed schedule is adopted. Accordingly, any opposition to Plaintiffs request for attorneys fees is due June 9, 2015, and Plaintiffs reply is due June 23, 2015. (Appellate Commissioner) [9550514] (DJV) [Entered: 05/27/2015 08:00 AM] |
| Filing 392 Filed (ECF) Appellee Sea Shepherd Conservation Society Correspondence: Extension of deadlines regarding scheduling order issued April 14, 2015. Date of service: 05/22/2015 [9548130] [12-35266] (Davis, Claire) [Entered: 05/22/2015 03:27 PM] |
| Filing 391 Received notice from the Supreme Court: petition for certiorari filed on 04/28/2015. Supreme Court Number 14-1300. [9524880] (RR) [Entered: 05/05/2015 08:32 AM] |
| Filing 390 Filed order (Appellate Commissioner):The court has received the parties letter stating that they have agreed to a further revision of the schedule for briefing on Plaintiffs request for attorneys fees. The agreed schedule is adopted. Accordingly, any opposition to Plaintiffs request for attorneys fees is due May 25, 2015, and Plaintiffs reply is due June 8, 2015. (Appellate Commissioner) [9494440] (DJV) [Entered: 04/14/2015 10:13 AM] |
| Filing 389 Filed (ECF) Appellee Sea Shepherd Conservation Society Correspondence: Joint letter re 4-1-2015 Scheduling Order. Date of service: 04/13/2015 [9492992] [12-35266] (Davis, Claire) [Entered: 04/13/2015 12:30 PM] |
| Filing 388 Filed (ECF) - Lani Blazier, Marnie Gaede, Peter Rieman, Robert Talbot, Robert Wintner, Benjamin Zuckerman, Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Tomoyuki Ogawa and Appellees Sea Shepherd Conservation Society and Paul Watson status report (as required by Court order dated 03/13/2015). Date of service: 04/03/2015 [9483917] [12-35266] (Neupert, John) [Entered: 04/03/2015 04:02 PM] |
| Filing 387 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd. and Tomoyuki Ogawa Correspondence: Explanation to Appellate Commissioner Shaw regarding how the Joint Status Report was prepared. Date of service: 04/03/2015 [9483893] [12-35266] (Neupert, John) [Entered: 04/03/2015 03:55 PM] |
| Filing 386 Filed order (Appellate Commissioner):The court has received the parties letter stating that they have agreed to a revised schedule for briefing on Plaintiffs request for attorneys fees. The agreed schedule is adopted. Accordingly, any opposition to Plaintiffs request for attorneys fees is due April 23, 2015, and Plaintiffs reply is due May 7, 2015. (Appellate Commissioner) [9481092] (DJV) [Entered: 04/01/2015 04:46 PM] |
| Filing 385 Filed (ECF) Appellees Sea Shepherd Conservation Society and Paul Watson Correspondence: March 23, 2015 Scheduling Order. Date of service: 04/01/2015 [9480357] [12-35266] (Davis, Claire) [Entered: 04/01/2015 12:49 PM] |
| Filing 384 Filed order (Appellate Commissioner): As stated in the courts March 13, 2015 order, any opposition to Plaintiffs request for attorneys fees is due April 9, 2015, and Plaintiffs reply is due April 23, 2015. The opposition need not address the issue of whether, or to what extent, the volunteer directors shall be personally liable for any fees, costs, or other amounts awarded to Plaintiffs, which will be reserved until later in the proceedings. The joint status report addressing discovery on damages issues remains due April 3, 2015.(Appellate Commissioner) [9459637] (DJV) [Entered: 03/17/2015 07:00 AM] |
| Filing 383 Filed (ECF) - Lani Blazier, Marnie Gaede, Robert Talbot, Robert Wintner and Benjamin Zuckerman Correspondence: Response to March 13 scheduling order issued by Peter Shaw.. Date of service: 03/16/2015 [9459044] [12-35266] (Taylor, David) [Entered: 03/16/2015 02:37 PM] |
| Filing 382 Filed order (Appellate Commissioner):The joint status report addressing discovery on damages issues is due April 3, 2015.Any opposition to Plaintiffs request for attorneys fees is due April 9, 2015, and Plaintiffs reply is due April 23, 2015. (Appellate Commissioner) [9455850] (DJV) [Entered: 03/13/2015 06:23 AM] |
| Filing 381 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd. and Tomoyuki Ogawa response to Court order dated 02/12/2015. Date of service: 03/11/2015. [9453276] [12-35266] (Neupert, John) [Entered: 03/11/2015 12:12 PM] |
| Filing 380 Filed (ECF) Appellants Institute of Cetacean Research and Kyodo Senpaku Kaisha, Ltd. Motion for miscellaneous relief [Request for an Award of Damages Due to Contempt]. Date of service: 03/11/2015. [9453258] [12-35266] (Neupert, John) [Entered: 03/11/2015 12:03 PM] |
| Filing 379 Filed (ECF) Appellee Sea Shepherd Conservation Society response to Court order dated 02/12/2015. Date of service: 03/10/2015. [9451793] [12-35266] (Davis, Claire) [Entered: 03/10/2015 12:54 PM] |
| Filing 378 Filed order (Appellate Commissioner): At the February 10, 2015 status conference, the parties and non-party respondents proposed a schedule for exchanging their views on the amount and allocation of attorneys fees, costs and other damages, as awarded by the court in its December 19, 2014 order. The parties and non-party respondents shall participate by telephone in a further status conference at 3:00 p.m. on March 12, 2015. (Appellate Commissioner) [9418806] (DJV) [Entered: 02/12/2015 06:45 AM] |
| Filing 377 Filed order (ALEX KOZINSKI, A. WALLACE TASHIMA and MILAN D. SMITH, JR.) Sea Shepherd Conservation Society (Defendant) filed a Motion to Stay the Mandate Pending the Filing of a Petition for Certiorari on February 3, 2015. Our contempt order, which addressed acts of contempt occurring before June 7, 2013, does not require the district court to take action. Therefore, no new mandate will be issued. As we noted in our contempt order, we issued our mandate on June 7, 2013, at which time the district court assumed supervision over the Defendants present compliance with the preliminary injunction. Dkt. 360 at 49. The June 7, 2013, mandate, Dkt. 161, is the only mandate in this case. To the extent the Defendant seeks a stay of this mandate, which was issued nearly 20 months ago, the motion is untimely and futile. The Defendant has offered no argument why the June 7, 2013, mandate should be recalled at this late date. We also note that the issues the Defendant says it intends to raise in a petition for certiorari from our contempt order should have been raised in a petition for certiorari from our February 25, 2013, opinion, amended on May 24, 2013. The deadline to file a petition for a writ of certiorari to review that order passed long ago. See Sup. Ct. R. 13.1. For the above reasons, the motion is denied. [9410322] (SAM) [Entered: 02/05/2015 10:25 AM] |
| Filing 376 Filed (ECF) Appellee Sea Shepherd Conservation Society Motion to stay the mandate. Date of service: 02/03/2015. [9407821] [12-35266] (Davis, Claire) [Entered: 02/03/2015 04:26 PM] |
| Filing 375 Filed order (Appellate Commissioner):On December 19, 2014, the court re-referred this matter to the Appellate Commissioner to recommend the appropriate amount of attorneys fees and costs and actual damages suffered and resources wasted. Accordingly, on February 10, 2015, at 3:45 p.m. PST, the parties shall participate in a telephone status conference to discuss a framework for adjudicating the amount of fees, costs, and damages awarded by the court, and whether liability should be allocated and, if so, how. The parties should be prepared to discuss the nature and scope of that award, the need to develop additional evidence, and the possibility of mediation, with the design and purpose of keeping the inquiry within reasonable bounds. The parties are encouraged to meet and confer in advance of the conference call. (Appellate Commissioner) [9405479] (DJV) [Entered: 02/02/2015 02:46 PM] |
| Filing 374 Filed order (ALEX KOZINSKI, A. WALLACE TASHIMA and MILAN D. SMITH, JR.) Defendant Paul Watson filed a petition for rehearing en banc on January 2, 2015. Defendant Sea Shepherd Conservation Society filed a petition for rehearing en banc on January 2, 2015. Defendants Lani Blazier, Marnie Gaede, Peter Rieman, Robert Talbot, Robert Wintner, and Benjamin Zuckerman filed a petition for panel rehearing and for rehearing en banc on January 2, 2015. Judges Kozinski, Tashima and M. Smith have each voted to deny the three petitions.The full court has been advised of the three petitions, and no judge requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petitions for rehearing en banc and petition for panel rehearing are DENIED. [9398884] (SAM) [Entered: 01/28/2015 09:10 AM] |
| Filing 373 Terminated Hilary Bricken for Sea Shepherd Conservation Society and Paul Watson [9387028] (JFF) [Entered: 01/20/2015 09:00 AM] |
| Filing 372 Filed (ECF) Appellees Sea Shepherd Conservation Society and Paul Watson Correspondence: Notice of withdrawal. Date of service: 01/16/2015. [9386532] [12-35266] --[COURT UPDATE: Updated docket text to reflect content of filing. 01/20/2015 by TL] (Bricken, Hilary) [Entered: 01/16/2015 04:45 PM] |
| Filing 371 Filed (ECF) - Lani Blazier, Marnie Gaede, Peter Rieman, Robert Talbot, Robert Wintner and Benjamin Zuckerman petition for panel rehearing and petition for rehearing en banc (from 12/19/2014 opinion). Date of service: 01/02/2015. [9369494] --[COURT ENTERED FILING to correct entry [369] .] (TYL) [Entered: 01/05/2015 09:49 AM] |
| Filing 370 Filed (ECF) Appellee Sea Shepherd Conservation Society petition for rehearing en banc (from 12/19/2014 opinion). Date of service: 01/02/2015. [9368961] [12-35266] (Davis, Claire) [Entered: 01/02/2015 08:10 PM] |
| Filing 369 COURT DELETED INCORRECT ENTRY. Incorrect ECF filing. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 371 ]. Original Text: Filed (ECF) - Lani Blazier, Marnie Gaede, Robert Talbot, Robert Wintner, Benjamin Zuckerman and Peter Rieman petition for rehearing en banc (from 12/19/2014 opinion). Date of service: 01/02/2015. [9368935] [12-35266] (Pekelis, Zachary) [Entered: 01/02/2015 05:31 PM] |
| Filing 368 Filed (ECF) Appellee Paul Watson petition for panel rehearing and petition for rehearing en banc (from 12/19/2014 opinion). Date of service: 01/02/2015. [9368892] --[COURT ENTERED FILING to correct entry [367] .] (TYL) [Entered: 01/02/2015 04:29 PM] |
| Filing 367 COURT DELETED INCORRECT ENTRY. Incorrect ECF filing. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 368 ]. Original Text: Filed (ECF) Appellee Paul Watson petition for rehearing en banc (from 12/19/2014 opinion). Date of service: 01/02/2015. [9368860] [12-35266] (Leyh, Timothy) [Entered: 01/02/2015 04:08 PM] |
| Filing 366 Added attorney Claire Loebs Davis, Douglas W. Greene, Kristin Beneski for Sea Shepherd Conservation Society, in case 12-35266. [9362910] (AF) [Entered: 12/26/2014 04:15 PM] |
| Filing 365 Terminated Daniel P. Harris for Sea Shepherd Conservation Society in 12-35266, Rebecca L. Millican for Sea Shepherd Conservation Society in 12-35266, Charles Philip Moure for Sea Shepherd Conservation Society in 12-35266 [9362905] (AF) [Entered: 12/26/2014 04:12 PM] |
| Filing 364 Filed order (ALEX KOZINSKI, A. WALLACE TASHIMA and MILAN D. SMITH, JR.): Defendant-Appellee Sea Shepherd Conservation Societys counsel have filed a Stipulated Motion for Withdrawal and Substitution of Counsel at the request of Defendant-Appellee Sea Shepherd Conservation Society. The motion seeks the withdrawal of attorneys Charles P. Moure, Daniel P. Harris, and Rebecca Millican, and the substitution of attorneys Claire Loebs Davis, Douglas W. Greene, and Kristin Beneski, on behalf of Defendant-Appellee Sea Shepherd Conservation Society as counsel of record in this matter. The motion is granted. [9362896] (AF) [Entered: 12/26/2014 04:06 PM] |
| Filing 363 Filed (ECF) Appellee Sea Shepherd Conservation Society Stipulated Motion to substitute counsel. Date of service: 12/24/2014. [9362016] [12-35266] (Davis, Claire) [Entered: 12/24/2014 02:24 PM] |
| Filing 362 Filed order (ALEX KOZINSKI, A. WALLACE TASHIMA and MILAN D. SMITH, JR.) [9356597] (PH) [Entered: 12/19/2014 02:04 PM] |
| Filing 361 Filed memorandum (ALEX KOZINSKI, A. WALLACE TASHIMA and MILAN D. SMITH, JR.). [9356591] (PH) [Entered: 12/19/2014 02:02 PM] |
| Filing 360 FILED OPINION (ALEX KOZINSKI, A. WALLACE TASHIMA and MILAN D. SMITH, JR.) Judge: AK , Judge: AWT , Judge: MDS Authoring. FILED AND ENTERED JUDGMENT. [9356569] (PH) [Entered: 12/19/2014 01:57 PM] |
| Filing 359 ARGUED AND SUBMITTED TO ALEX KOZINSKI, A. WALLACE TASHIMA and MILAN D. SMITH, JR.. [9291169] (LN) [Entered: 10/27/2014 12:33 PM] |
| Filing 358 Filed (ECF) - Lani Blazier, Marnie Gaede, Robert Talbot, Robert Wintner and Benjamin Zuckerman Correspondence: Re: October 27, 2014 oral argument hearing. Date of service: 10/20/2014 [9282547] (Taylor, David) [Entered: 10/20/2014 11:31 AM] |
| Filing 357 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. Daniel P. Harris for Appellees Sea Shepherd Conservation Society and Paul Watson. [9196423] (Harris, Daniel) [Entered: 08/06/2014 05:31 PM] |
| Filing 356 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. Charles Philip Moure for Appellees Sea Shepherd Conservation Society and Paul Watson. [9196413] (Moure, Charles) [Entered: 08/06/2014 05:18 PM] |
| Filing 355 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Ms. Kristina Silja Bennard for - Peter Rieman. [9190637] (Bennard, Kristina) [Entered: 08/01/2014 12:03 PM] |
| Filing 354 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. Timothy G. Leyh for Appellee Paul Watson. [9189946] (Leyh, Timothy) [Entered: 07/31/2014 04:53 PM] |
| Filing 353 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Claire Loebs Davis, Esquire for - Susan Hartland. [9189927] (Davis, Claire) [Entered: 07/31/2014 04:45 PM] |
| Filing 352 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. David F. Taylor, Esquire for - Robert Talbot, Marnie Gaede, Benjamin Zuckerman, Lani Blazier and Robert Wintner. [9189826] (Taylor, David) [Entered: 07/31/2014 04:06 PM] |
| Filing 351 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney John Neupert for Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Tomoyuki Ogawa and Toshiyuki Miura. [9189418] (Neupert, John) [Entered: 07/31/2014 02:07 PM] |
| Filing 350 Notice of Oral Argument on Monday, October 27, 2014 - 11:00 A.M. - Courtroom 1 - Pasadena, CA. View the Oral Argument Calendar for your case # here . When you have reviewed the calendar, download the # ACKNOWLEDGMENT OF HEARING NOTICE form , complete the form, and file it via Appellate ECF or return the completed form to: PASADENA Office. [9186503] (LN) [Entered: 07/29/2014 04:47 PM] |
| Filing 349 Filed order (ALEX KOZINSKI, A. WALLACE TASHIMA and MILAN D. SMITH, JR.) Oral argument regarding the parties objections to the Appellate Commissioners Report and Recommendation will be held at 11:00 a.m. on Monday, October 27, 2014, in Courtroom 1 of the Richard H. Chambers U.S. Court of Appeals Building, 125 South Grand Avenue, Pasadena, California 91105. Each side will be allotted twenty minutes to present its arguments. [9143076] (WL) [Entered: 06/24/2014 09:06 AM] |
| Filing 348 Received 7 paper copies of Sur-Reply brief [ # 346 ] filed by Lani Blazier, Marnie Gaede, Susan Hartland, Peter Rieman, Robert Talbot, Robert Wintner, Benjamin Zuckerman and Sea Shepherd Conservation Society and Paul Watson. [9073223]--[Edited: Backdated entry to correct received date (04/24/2014). 04/25/2014 by RY] (JFF) [Entered: 04/25/2014 03:31 PM] |
| Filing 347 Filed clerk order: The Sur-Reply brief [ # 346 ] submitted by Lani Blazier, Marnie Gaede, Susan Hartland, Peter Rieman, Robert Talbot, Robert Wintner, Benjamin Zuckerman and Sea Shepherd Conservation Society and Paul Watson is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: tan. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9065249] (JFF) [Entered: 04/21/2014 10:43 AM] |
| Filing 346 Submitted (ECF) Reply Brief for review. Submitted by - Lani Blazier, Marnie Gaede, Susan Hartland, Peter Rieman, Robert Talbot, Robert Wintner, Benjamin Zuckerman and Appellees Sea Shepherd Conservation Society and Paul Watson. Date of service: 04/18/2014. [9064538] (Taylor, David) [Entered: 04/18/2014 05:03 PM] |
| Filing 345 Received 7 copies of response to court order dated 2/11/14 (reply brief) submitted on 4/4/14 entry #342 by Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa. [9052542] (Turcios, Margoth) [Entered: 04/10/2014 09:25 AM] |
| Filing 344 Filed clerk order (Deputy Clerk: MT): Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa response to Court order dated 02/11/2014 submitted on 4/4/14 shall be treated as their reply brief and ordered filed. Within 7 days of this order, appellants are ordered to file 7 copies of the reply brief in paper format, with a gray cover, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. A sample certificate is available on the Courts website, www.ca9.uscourts.gov, at the Electronic Filing - ECF link. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9046986] --[COURT UPDATE: To attach PDF; resent NDA - 09/15/2014 by HH] (Turcios, Margoth) [Entered: 04/07/2014 12:39 PM] |
| Filing 343 Received 7 paper copies of Supplemental brief [ # 339 ] filed by Lani Blazier, Marnie Gaede, Susan Hartland, Peter Rieman, Robert Talbot, Robert Wintner, Benjamin Zuckerman and Appellees Sea Shepherd Conservation Society and Paul Watson [9045702]-[Edited 04/07/2014 by JFF] (JFF) [Entered: 04/04/2014 03:53 PM] |
| Filing 342 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa response to Court order dated 02/11/2014. Date of service: 04/04/2014. [9045639] (Helmer, Martha) [Entered: 04/04/2014 03:36 PM] |
| Filing 341 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Correspondence: Notice of Decision by the International Court of Justice. Date of service: 03/31/2014 [9038099] (Neupert, John) [Entered: 03/31/2014 03:48 PM] |
| Filing 340 Filed clerk order: The supplemental brief [ # 339 ] submitted by Lani Blazier, Marnie Gaede, Susan Hartland, Peter Rieman, Robert Talbot, Robert Wintner, Benjamin Zuckerman and Sea Shepherd Conservation Society and Paul Watson is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: tan. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9037268] (JFF) [Entered: 03/31/2014 11:26 AM] |
| Filing 339 Submitted (ECF) Supplemental Brief for review. Submitted by - Lani Blazier, Marnie Gaede, Susan Hartland, Peter Rieman, Robert Talbot, Robert Wintner, Benjamin Zuckerman and Appellees Sea Shepherd Conservation Society and Paul Watson. Date of service: 03/28/2014. [9036647]--[COURT UPDATE: Attached corrected brief (pagination). Resent NDA. 03/31/2014 by RY] (Taylor, David) [Entered: 03/28/2014 10:39 PM] |
| Filing 338 DVD of exhibit 526 sent to panel. [9031914] (SOS) [Entered: 03/26/2014 10:39 AM] |
| Filing 337 Received 7 additional copies of Supplemental Brief submitted on 3/7/14 by Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa entry #335 and filed 3/10/14 entry #336. [9015344] (RR) [Entered: 03/13/2014 04:19 PM] |
| Filing 336 Filed clerk order (Deputy Clerk: RR): Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa objections to Appellate Commissioners Report and Recommendation submitted on March 7,2014 shall be treated as their supplemental brief and order filed. Within 7 days of this order, appellants are ordered to file 7 copies of the supplemental brief in paper format, with a tan cover, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. A sample certificate is available on the Courts website, www.ca9.uscourts.gov, at the Electronic Filing - ECF link. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9009846] (RR) [Entered: 03/10/2014 04:25 PM] |
| Filing 335 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa response to Court order dated 02/11/2014. Date of service: 03/07/2014. [9007538] (Helmer, Martha) [Entered: 03/07/2014 03:14 PM] |
| Filing 334 Filed (ECF) Appellee Sea Shepherd Conservation Society reply to response (). Date of service: 03/05/2014. [9004037] (Moure, Charles) [Entered: 03/05/2014 05:04 PM] |
| Filing 333 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa response to motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 02/27/2014. [8996010] (Helmer, Martha) [Entered: 02/27/2014 02:10 PM] |
| Filing 332 Filed (ECF) Appellee Sea Shepherd Conservation Society Motion for miscellaneous relief [Motion to Seal Not-Admitted Exhibits 104A and 104B]. Date of service: 02/24/2014. [8990804]--[Edited: Corrected sort order of documents (motion first). 02/25/2014 by RY] (Moure, Charles) [Entered: 02/24/2014 06:30 PM] |
| Filing 330 Filed order (ALEX KOZINSKI, A. WALLACE TASHIMA and MILAN D. SMITH, JR.) Non-party Peter Riemans unopposed motion for an extension of time is GRANTED. The deadline for Appellees and non-party respondents optional surreply is now April 18, 2014. [8982920] (WL) [Entered: 02/19/2014 09:37 AM] |
| Filing 331 Received letter dated 02/14/2014, from Kathleen M. O'Sullivan re: pursuant to Appellate Commissioner Shaw's order of 2/7/14, enclosed is a DVD-R containing Defendants-Appellees' and Non-Parties' hearing exhibit number 526. We are not electronicall filing this exhibit because the exhibit is a video file in.mp4 format; the exhibit was not admitted into evidence. We are using Appellate ECF to file the admitted hearing exhibits, along with another exhibit that was not admitted. [8990471] (RR) [Entered: 02/24/2014 04:02 PM] |
| Filing 329 Filed (ECF) exhibits, both admitted and not admitted. Submitted by Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa. Date of service: 02/18/2014. [8982534]--[COURT UPDATE: edited docket text to reflect filing. 02/19/2014 by SS]--[COURT UPDATE: locked portion of Volume 7. 02/25/2014 by SS] (Helmer, Martha) [Entered: 02/18/2014 05:12 PM] |
| Filing 328 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Correspondence: Submission of hearing exhibits pursuant to Order Dkt. No. 316. Date of service: 02/18/2014 [8982333] (Helmer, Martha) [Entered: 02/18/2014 04:19 PM] |
| Filing 327 Filed (ECF) exhibits not admitted. Submitted by Lani Blazier, Marnie Gaede, Robert Talbot, Robert Wintner and Benjamin Zuckerman. Date of service: 02/18/2014. [8981043]--[COURT UPDATE: edited docket text to reflect filing. 02/18/2014 by SS] (Taylor, David) [Entered: 02/18/2014 11:09 AM] |
| Filing 326 Filed (ECF) admitted exhibits. Submitted by Lani Blazier, Marnie Gaede, Robert Talbot, Robert Wintner and Benjamin Zuckerman. Date of service: 02/18/2014. [8981029]--[COURT UPDATE: edited docket text to reflect filing. 02/18/2014 by SS] (Taylor, David) [Entered: 02/18/2014 11:07 AM] |
| Filing 325 Filed (ECF) exhibit list. Submitted by Lani Blazier, Marnie Gaede, Robert Talbot, Robert Wintner and Benjamin Zuckerman. Date of service: 02/18/2014. [8981005]--[COURT UPDATE: edited docket text to reflect filing. 02/18/2014 by SS] (Taylor, David) [Entered: 02/18/2014 11:01 AM] |
| Filing 324 Filed (ECF) - Peter Rieman Unopposed Motion to extend time to file a reply until 04/18/2014. Date of service: 02/12/2014. [8977024] (Bennard, Kristina) [Entered: 02/12/2014 04:00 PM] |
| Filing 323 Filed order (ALEX KOZINSKI, A. WALLACE TASHIMA and MILAN D. SMITH, JR.) For purposes of filing any objections to the Appellate Commissioners Report and Recommendation (Dkt. # 314), the parties are hereby ordered to comply with the following briefing schedule: 1. Appellants may file any objections to the Report and Recommendation in a brief not to exceed 12,000 words by March 7, 2014. 2. Appellees and non-party respondents may file a brief by March 28, 2014. If Appellees wish only to respond to Appellants objections, the brief shall not exceed 12,000 words. If Appellees also wish to raise their own objections to the Report and Recommendation, their brief shall not exceed 20,000 words. 3. Appellants may file a reply brief by April 4, 2014. If Appellants wish to respond to the objections of Appellees and non-party respondents, the reply brief shall not exceed 15,000 words. Otherwise, the reply brief shall not exceed 7,500 words. 4. If Appellants file a reply brief, Appellees and non-party respondents may file an optional sur-reply by April 11, 2014. This sur-reply shall not exceed 5,000 words and may only address issues Appellants raise in the reply brief. All filings shall comply with Federal Rule of Appellate Procedure 32. [8974398] (WL) [Entered: 02/11/2014 11:45 AM] |
| Filing 322 Filed transcripts of hearings held by the Appellate Commissioner from 10/28/2013 to 11/06/2013. [8973822] (SYS) [Entered: 02/11/2014 09:00 AM] |
| Filing 321 Filed (ECF) Appellee Sea Shepherd Conservation Society response to Court order dated 01/31/2014. Date of service: 02/10/2014. [8973564] (Moure, Charles) [Entered: 02/10/2014 05:43 PM] |
| Filing 320 Filed (ECF) - Susan Hartland response to Court order dated 01/31/2014. Date of service: 02/10/2014. [8973528] (Davis, Claire) [Entered: 02/10/2014 04:59 PM] |
| Filing 319 Filed (ECF) Appellee Paul Watson response to Court order dated 01/31/2014. Date of service: 02/10/2014. [8973527] (Leyh, Timothy) [Entered: 02/10/2014 04:59 PM] |
| Filing 318 Filed (ECF) - Peter Rieman response to Court order dated 01/31/2014. Date of service: 02/10/2014. [8973460] (Bennard, Kristina) [Entered: 02/10/2014 04:37 PM] |
| Filing 317 Filed (ECF) - Lani Blazier, Marnie Gaede, Robert Talbot, Robert Wintner and Benjamin Zuckerman response to motion (,motion to extend time to comply with order). Date of service: 02/07/2014. [8971436] (O'Sullivan, Kathleen) [Entered: 02/07/2014 04:47 PM] |
| Filing 316 Filed order (Appellate Commissioner): The parties submitted electronic versions of the hearing exhibits in a timely manner. The pdfs of many of the exhibits, however, have proved too unwieldy to attach to the docket. Accordingly, the parties shall, by February 18, 2014, electronically file scanned copies of the bound exhibits previously submitted. To file the exhibits on Appellate ECF, parties should use the category Briefs and the filing type Submit Excerpts of Record for Review by the Court. The court will then modify the docket text to more accurately reflect the filing. No additional paper copies of the exhibits will be required. Plaintiffs are advised that the electronic copy of their exhibits should not include exhibits that were not admitted unless those exhibits are segregated from the admitted exhibits and clearly labeled as exhibits that were not admitted. The court has adopted Plaintiffs suggestion and inserted slips identifying the unadmitted exhibits in the bound copies of the exhibits. (Appellate Commissioner) [8970981] (DL) [Entered: 02/07/2014 02:40 PM] |
| Filing 315 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Motion to extend time to comply with the order dated 02/21/2013. Date of service: 02/06/2014. [8969574] (Neupert, John) [Entered: 02/06/2014 04:43 PM] |
| Filing 314 Filed Report and Recommendation by Appellate Commissioner (See R&R for Complete Text). [8961528] (HH) [Entered: 01/31/2014 02:37 PM] |
| Filing 313 Terminated Aura Yosepha Gantz for Paul Watson and Sea Shepherd Conservation Society. [8925775] (RL) [Entered: 01/06/2014 11:03 AM] |
| Filing 312 Filed (ECF) Appellees Sea Shepherd Conservation Society and Paul Watson Correspondence: Notice of Attorney Withdrawal. Date of service: 01/06/2014 [8925567] (Moure, Charles) [Entered: 01/06/2014 09:59 AM] |
| Filing 311 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Response to volunteer directors' objection to plaintiffs' form of submission of evidentiary record. Date of service: 12/10/2013. [8895858]--[COURT UPDATE: Edited docket text to reflect content of filing. Resent NDA. 12/10/2013 by RY] (Neupert, John) [Entered: 12/10/2013 12:09 PM] |
| Filing 310 Filed (ECF) - Lani Blazier, Marnie Gaede, Robert Talbot, Robert Wintner and Benjamin Zuckerman Correspondence: Volunteer Directors' Objection to Plaintiffs' Form of Submission of Evidentiary Record. Date of service: 12/09/2013 [8894043] (Taylor, David) [Entered: 12/09/2013 12:46 PM] |
| Filing 309 Filed order (Appellate Commissioner): Plaintiffs-Appellants motion to admit proposed exhibits 319 and 319A is denied.(Appellate Commissioner) [8885142] (DL) [Entered: 12/02/2013 05:20 PM] |
| Filing 308 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa reply to response (). Date of service: 12/02/2013. [8884966] (Helmer, Martha) [Entered: 12/02/2013 04:26 PM] |
| Filing 307 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa reply to response (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 12/02/2013. [8884485]--[COURT UPDATE: replaced PDF per req from counsel (active hyperlinks), resent notice. 12/02/2013 by ASW] (Neupert, John) [Entered: 12/02/2013 02:47 PM] |
| Filing 306 Filed (ECF) Appellee Sea Shepherd Conservation Society response joining motion (). Date of service: 11/25/2013. [8878255] (Moure, Charles) [Entered: 11/25/2013 06:02 PM] |
| Filing 305 Filed (ECF) - Susan Hartland response supporting motion (). Date of service: 11/25/2013. [8878196] (Davis, Claire) [Entered: 11/25/2013 05:01 PM] |
| Filing 304 Filed (ECF) - Susan Hartland response opposing motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 11/25/2013. [8878190] (Davis, Claire) [Entered: 11/25/2013 04:58 PM] |
| Filing 303 Filed order (Appellate Commissioner): The court has received the letter request of the Plaintiffs-Appellants to file a post-hearing reply brief of 20 pages, which the court construes as an unopposed motion to file an enlarged brief. So construed, the motion is granted. Plaintiffs-Appellants may file the reply brief on or before December 2, 2013. (Appellate Commissioner) [8877552] (DL) [Entered: 11/25/2013 03:03 PM] |
| Filing 302 Filed (ECF) - Lani Blazier, Marnie Gaede, Susan Hartland, Peter Rieman, Robert Talbot, Robert Wintner, Benjamin Zuckerman and Appellees Sea Shepherd Conservation Society and Paul Watson Motion for miscellaneous relief [Defendants and Non-Parties' Post-Hearing Brief]. Date of service: 11/22/2013. [8875670] (Taylor, David) [Entered: 11/22/2013 11:49 PM] |
| Filing 301 Filed (ECF) - Lani Blazier, Marnie Gaede, Susan Hartland, Peter Rieman, Robert Talbot, Robert Wintner, Benjamin Zuckerman and Appellees Sea Shepherd Conservation Society and Paul Watson Motion for miscellaneous relief [Defendants and Non-Parties' Proposed Conclusions of Law]. Date of service: 11/22/2013. [8875669] (Taylor, David) [Entered: 11/22/2013 11:45 PM] |
| Filing 300 Filed (ECF) - Lani Blazier, Marnie Gaede, Susan Hartland, Peter Rieman, Robert Talbot, Robert Wintner, Benjamin Zuckerman and Appellees Sea Shepherd Conservation Society and Paul Watson Motion for miscellaneous relief [Defendants and Non-Parties' Proposed Findings of Fact]. Date of service: 11/22/2013. [8875668] (Taylor, David) [Entered: 11/22/2013 11:41 PM] |
| Filing 299 Filed order (Appellate Commissioner): The court has received the letter request of the Defendants and Non-Parties to file a joint post-hearing brief of 40 pages, which the court construes as an unopposed motion to file an enlarged brief. So construed, the motion is granted. Plaintiffs reply brief remains due November 27, 2013. (Appellate Commissioner) [8871200] (DL) [Entered: 11/20/2013 03:41 PM] |
| Filing 298 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Motion for miscellaneous relief [Plaintiffs-Appellants' Motion to Admit Plaintiffs' Exhibits 319 and 319A]. Date of service: 11/14/2013. [8863374] (Neupert, John) [Entered: 11/14/2013 06:29 PM] |
| Filing 297 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa response to Court order dated 11/08/2013. Date of service: 11/13/2013. [8861507] (Helmer, Martha) [Entered: 11/13/2013 09:27 PM] |
| Filing 296 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa response to Court order dated 11/08/2013. Date of service: 11/13/2013. [8861506] (Helmer, Martha) [Entered: 11/13/2013 09:23 PM] |
| Filing 295 Filed order (Appellate Commissioner): At the November 7, 2013 telephonic post-hearing conference, the court admitted the following exhibits: Plaintiffs Exhibits: 84 (through paragraph 13 only); 204 (subject to the stipulation that the signature is not that of Marnie Gaede); 313; 322; 322A; 323; 329. Defendants Exhibits: 556; 664; 711 (admitted for non-hearsay purposes); 715 (admitted for non-hearsay purposes); 716 (admitted for non-hearsay purposes); 725; 748; 769, 770; 786; 787; 788; 789; 790; 792; 793; 794; 795; 796; 797. In addition, the designated portions of the transcript of Tod, Emkos deposition will be admitted as Exhibit 805 in accordance with the parties stipulation. Prior to the telephonic conference, the court was informed that the parties have agreed to the admission of the following exhibits: 512-517; 531; 536; 550; 557; 566; 584; 601, 615 (first and last pages only); 644; 726; 743; 749; 752; 774; 775; 776; 778; 779; 782. In addition, the parties agreed that the following exhibits are admitted not for the truth of the matters asserted: 643; 653; 662; 693; 697; 698; 703; 717; 751. The exhibits are admitted in accordance with the parties agreement. The parties are reminded that they shall submit findings of fact and conclusions of law together with a brief not to exceed 30 pages that argues their theory of the case. Plaintiffs submission is due November 13, 2013. Defendants joint submission is due November 22, 2013. Plaintiffs reply, not to exceed 15 pages, is due November 27, 2013. (Appellate Commissioner) [8857118] (DL) [Entered: 11/08/2013 03:16 PM] |
| Filing 294 Filed clerk order (Deputy Clerk: PA): Associated Press applied to videotape for later broadcast, the case captioned above, scheduled to be heard beginning 9:00 a.m. in Seattle, Washington on Wednesday, November 6, 2013. The request to videotape for later broadcast is GRANTED. [8851675] (PA) [Entered: 11/05/2013 04:05 PM] |
| Filing 293 Filed clerk order (Deputy Clerk: PA): TV Asahi applied to videotape for later broadcast, the case captioned above, scheduled to be heard beginning 9:00 a.m. in Seattle, Washington on Wednesday, November 6, 2013. The request to videotape for later broadcast is GRANTED. [8851341] (PA) [Entered: 11/05/2013 02:52 PM] |
| Filing 292 Filed clerk order (Deputy Clerk: pa): Kyodo News applied to photograph with still camera, the case captioned above, scheduled to be heard beginning 9:00 a.m. in Seattle, Washington on Wednesday, November 6, 2013. The request to photograph with still camera is GRANTED. [8850745] (PA) [Entered: 11/05/2013 12:03 PM] |
| Filing 291 Filed clerk order (Deputy Clerk: PA): Sea Shepherd Conservation Society applied to videotape for later broadcast, the case captioned above, scheduled to be heard beginning 9:00 a.m. in Seattle, Washington on Wednesday, November 6, 2013. The request to videotape for later broadcast is GRANTED. [8850699] (PA) [Entered: 11/05/2013 11:53 AM] |
| Filing 290 Filed clerk order (Deputy Clerk: PA): Daniel Clark an Independent Film Maker applied to videotape for later broadcast, the case captioned above, scheduled to be heard beginning 9:00 a.m. in Seattle, Washington on Wednesday, November 6, 2013. The request to videotape for later broadcast is GRANTED. [8850587] (PA) [Entered: 11/05/2013 11:29 AM] |
| Filing 289 Filed clerk order (Deputy Clerk: PA): Zuma Press and Seattle Globalist applied to photograph with still camera, the case captioned above, scheduled to be heard beginning 9:00 a.m. in Seattle, Washington on Wednesday, November 6, 2013. The request to photograph with still camera is GRANTED. [8849718] (PA) [Entered: 11/04/2013 04:42 PM] |
| Filing 288 Filed clerk order (Deputy Clerk: PA): TBS (Tokyo Broadcasting System) applied to videotape for later broadcast, the case captioned above, scheduled to be heard beginning 9:00 a.m. in Seattle, Washington on Wednesday, November 6, 2013. The request to videotape for later broadcast is GRANTED. [8849638] (PA) [Entered: 11/04/2013 04:25 PM] |
| Filing 287 Filed clerk order (Deputy Clerk: PA): NHK- Los Angeles applied to videotape for later broadcast, the case captioned above, scheduled to be heard beginning 9:00 a.m. in Seattle, Washington on Wednesday, November 6, 2013. The request to videotape for later broadcast is GRANTED. NHK-Los Angeles will serve as the pool-feed for all media organizations that submit an application. [8849561] (PA) [Entered: 11/04/2013 04:08 PM] |
| Filing 286 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Correspondence: Plaintiffs-Appellants' Memorandum Regarding In Camera Documents. Date of service: 11/03/2013 [8847697] (Neupert, John) [Entered: 11/03/2013 01:01 PM] |
| Filing 285 Filed (ECF) - Lani Blazier, Marnie Gaede, Robert Talbot, Robert Wintner and Benjamin Zuckerman Correspondence: Volunteer Directors' Further Statement on Documents Submitted for in Camera Review. Date of service: 11/01/2013 [8847642] (Taylor, David) [Entered: 11/01/2013 05:34 PM] |
| Filing 284 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Stipulated Motion for miscellaneous relief [Stipulation Regarding Encrypted E-mails, as stipulated by plaintiffs-appellants and defendant-appellee Sea Shepherd Conservation Society]. Date of service: 11/01/2013. [8847198] (Neupert, John) [Entered: 11/01/2013 02:24 PM] |
| Filing 283 Hearing before the Appellate Commissioner. In Seattle, Day Four. [8845955] (KM) [Entered: 10/31/2013 03:34 PM] |
| Filing 282 Filed (ECF) - Lani Blazier, Marnie Gaede, Robert Talbot, Robert Wintner and Benjamin Zuckerman Motion for miscellaneous relief [Volunteer Directors' Statement on Submission of Documents for In Camera Review]. Date of service: 10/30/2013. [8844611] (Taylor, David) [Entered: 10/30/2013 05:10 PM] |
| Filing 281 Hearing before the Appellate Commissioner. In Seattle. Day three.[8843774] (KM) [Entered: 10/30/2013 02:07 PM] |
| Filing 280 Hearing before the Appellate Commissioner. In Seattle. Day two.[8843769] (KM) [Entered: 10/30/2013 02:06 PM] |
| Filing 279 Hearing before the Appellate Commissioner. In Seattle. Day one.[8843700] (KM) [Entered: 10/30/2013 01:48 PM] |
| Filing 278 Added attorney Zachary Pekelis Jones for Benjamin Zuckerman Marnie Gaede Robert Wintner Robert Talbot Lani Blazier, in case 12-35266. [8838350] (CW) [Entered: 10/28/2013 08:26 AM] |
| Filing 277 Filed (ECF) notice of appearance of Zachary Pekelis Jones for - Lani Blazier, Marnie Gaede, Robert Talbot, Robert Wintner and Benjamin Zuckerman. Date of service: 10/27/2013. [8838277] (Taylor, David) [Entered: 10/27/2013 12:29 PM] |
| Filing 276 Filed order (Appellate Commissioner): No later than noon on October 26, 2013, Non-parties Lani Blazier, Marnie Gaede, Bob Talbot, Robert Wintner and Ben Zuckerman (the Directors) shall provide to all other parties copies of any privileged documents and materials on which they intend to rely in the course of their testimony. The parties shall cooperate to the greatest degree possible to accomplish all reasonable discovery before the hearing concerning the evidence of legal advice relied on in responding to the December 17, 2012 injunction. Plaintiff-Appellant ICRs motion to exclude evidence regarding the legitimacy of Japanese whaling activities in the Antarctic is granted. ICRs motion to exclude testimony that the alleged contemnors acted reasonably on the basis of consultation with counsel is denied as moot in light of the Directors October 25, 2013 Further Statement Concerning Privilege Issues. The court defers ruling on ICRs remaining motions in limine to exclude expert testimony concerning: (1) the alleged contemnors inability to comply with the injunction; and (2) Sea Shepherds inability to demand the return of vessels under its grant agreements. The Directors unopposed motion to exclude evidence of insurance coverage is granted. Defendant-Appellee Paul Watsons motion to exclude evidence of vessel maneuvers and conduct is denied as moot in light of the parties October 24, 2013 Stipulation Regarding Alleged Events of Contempt, which the court approves. The joint motion of Watson and non-party Susan Hartland to continue the hearing scheduled to begin on October 28, 2013 is denied. (Appellate Commissioner) [8838228] (DJV) [Entered: 10/25/2013 06:09 PM] |
| Filing 275 Filed (ECF) - Susan Hartland and Appellee Paul Watson Motion for miscellaneous relief [Watson and Hartland's Motion to Continue]. Date of service: 10/25/2013. [8837713] (Leyh, Timothy) [Entered: 10/25/2013 03:00 PM] |
| Filing 274 Filed (ECF) - Peter Rieman response joining motion (). Date of service: 10/25/2013. [8837672] (Bennard, Kristina) [Entered: 10/25/2013 02:48 PM] |
| Filing 273 Filed (ECF) - Lani Blazier, Marnie Gaede, Robert Talbot, Robert Wintner and Benjamin Zuckerman Correspondence: Volunteer Directors' Further Statement Concerning Privilege Issues. Date of service: 10/25/2013 [8837628] (O'Sullivan, Kathleen) [Entered: 10/25/2013 02:39 PM] |
| Filing 272 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa response to motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 10/24/2013. [8835972] (Neupert, John) [Entered: 10/24/2013 03:49 PM] |
| Filing 271 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Stipulated Motion for miscellaneous relief [Stipulation Regarding Alleged Events of Contempt]. Date of service: 10/24/2013. [8835941] (Neupert, John) [Entered: 10/24/2013 03:39 PM] |
| Filing 270 Filed (ECF) - Lani Blazier, Marnie Gaede, Robert Talbot, Robert Wintner and Benjamin Zuckerman response opposing motion (). Date of service: 10/23/2013. [8834298] (Taylor, David) [Entered: 10/23/2013 11:53 PM] |
| Filing 269 Filed (ECF) - Susan Hartland response opposing motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 10/23/2013. [8834286] (Davis, Claire) [Entered: 10/23/2013 09:17 PM] |
| Filing 268 Filed (ECF) Appellee Sea Shepherd Conservation Society response opposing motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 10/23/2013. [8834278] (Moure, Charles) [Entered: 10/23/2013 06:21 PM] |
| Filing 267 Added attorney Hilary Bricken for Sea Shepherd Conservation Society Paul Watson, in case 12-35266. [8834080] (RR) [Entered: 10/23/2013 04:33 PM] |
| Filing 266 Filed (ECF) notice of appearance of Hilary V. Bricken for Appellee Sea Shepherd Conservation Society. Date of service: 10/23/2013. [8834000] (Bricken, Hilary) [Entered: 10/23/2013 04:15 PM] |
| Filing 265 Filed order (Appellate Commissioner): At the October 21, 2013 telephonic pre-hearing conference, the parties agreed to participate at a final pre-hearing telephonic conference on October 25, 2013 at 3.00 p.m. As the Appellate Commissioner stated at the October 21 conference, several issues raised in the draft Pre-Hearing Order do not appear to be appropriate or fruitful subjects for the hearing....The majority of the issues listed above are legal arguments that may be developed in post-hearing briefing and in objections to the Appellate Commissioners report. With these modifications, the Pre-Hearing Order is approved. Plaintiffs-Appellants have asked the Appellate Commissioner whether he would like the opportunity to examine any exhibits before the start of the hearing. Examination of exhibits whose authenticity or admissibility is disputed may streamline the hearing. Accordingly, if the parties are in a position to produce the disputed exhibits no later than Friday, October 25, 2013, they may do so, by e-mail or overnight mail. (Appellate Commissioner) [8832658] (DL) [Entered: 10/23/2013 10:13 AM] |
| Filing 264 Filed order (Appellate Commissioner): Defendant-Appellee Paul Watsons unopposed motion to permit witnesses Oliver Wallasch, Bruce Hawkins, and Eleanor Lister to testify by videoconference is granted. (Appellate Commissioner) [8832636] (DL) [Entered: 10/23/2013 10:09 AM] |
| Filing 263 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa response to motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 10/22/2013. [8832228] (Neupert, John) [Entered: 10/22/2013 08:13 PM] |
| Filing 262 Filed (ECF) Appellee Paul Watson Motion for miscellaneous relief [WATSONS MOTION TO EXCLUDE EVIDENCE OF VESSEL MANEUVERS AND CONDUCT]. Date of service: 10/21/2013. [8829461] (Jordan, Charles) [Entered: 10/21/2013 02:16 PM] |
| Filing 261 Submitted (ECF) Supplemental Brief for review. Submitted by - Susan Hartland. Date of service: 10/18/2013. [8828054] (Davis, Claire) [Entered: 10/18/2013 11:53 PM] |
| Filing 260 Submitted (ECF) Supplemental Brief for review. Submitted by Appellee Sea Shepherd Conservation Society. Date of service: 10/18/2013. [8828044] (Moure, Charles) [Entered: 10/18/2013 10:28 PM] |
| Filing 259 Submitted (ECF) Supplemental Brief for review. Submitted by - Lani Blazier, Marnie Gaede, Robert Talbot, Robert Wintner and Benjamin Zuckerman. Date of service: 10/18/2013. [8828042] (Taylor, David) [Entered: 10/18/2013 10:16 PM] |
| Filing 258 Submitted (ECF) Supplemental Brief for review. Submitted by Appellee Paul Watson. Date of service: 10/18/2013. [8828041] (Leyh, Timothy) [Entered: 10/18/2013 09:43 PM] |
| Filing 257 Filed (ECF) - Lani Blazier, Marnie Gaede, Robert Talbot, Robert Wintner and Benjamin Zuckerman Motion for miscellaneous relief [Motion in Limine ]. Date of service: 10/18/2013. [8827917] (Taylor, David) [Entered: 10/18/2013 04:37 PM] |
| Filing 256 Submitted (ECF) Supplemental Brief for review. Submitted by - Peter Rieman. Date of service: 10/18/2013. [8827897] (Bennard, Kristina) [Entered: 10/18/2013 04:31 PM] |
| Filing 255 Filed UNDER SEAL Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa supplemental brief (hearing brief). Served on 10/17/13. [8827798] (RR) [Entered: 10/18/2013 03:45 PM] |
| Filing 254 Filed Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura, and Tomoyuki Ogawa motion to file supplemental brief (hearing brief) UNDER SEAL. Served on 10/17/2013. [8827768] (RR) [Entered: 10/18/2013 03:38 PM] |
| Filing 253 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Motion for miscellaneous relief [Plaintiffs-Appellants' Motions in Limine]. Date of service: 10/18/2013. [8826851] (Neupert, John) [Entered: 10/18/2013 10:41 AM] |
| Filing 252 Added attorney Sharae Wheeler for Toshiyuki Miura, Institute of Cetacean Research, Tomoyuki Ogawa, and Kyodo Senpaku Kaisha, Ltd., in case 12-35266. [8826218] (RR) [Entered: 10/17/2013 04:49 PM] |
| Filing 251 Filed (ECF) Appellee Paul Watson Motion for miscellaneous relief [Watson's Motion for an Order Allowing Witnesses to Testify by Videoconference]. Date of service: 10/17/2013. [8825485] (Leyh, Timothy) [Entered: 10/17/2013 01:58 PM] |
| Filing 250 Filed order (Appellate Commissioner): Plaintiff-Appellant ICRs motion to file under seal its motion to compel (Dkt. #221) is granted. The motion of non-parties Lani Blazier, Marnie Gaede, Susan Hartland, Peter Rieman, Robert Talbot, Robert Wintner and Benjamin Zuckerman to file under seal their joint opposition to the motion to compel (Dkt. #230) is also granted. ICRs motion to compel the production of information withheld on the basis of attorney-client privilege is denied in part, and deferred in part. The October 16, 2012 minutes reflect privileged attorney-client communication, and Defendant-Appellee Sea Shepherd took sufficient steps to protect that privilege in its own production and in its response to the revelation that another party had inadvertently produced the privileged material. There is insufficient evidence at this time that any of the alleged contemnors has impliedly waived attorney-client privilege. No alleged contemnor has yet invoked an advice of counsel defense. Nevertheless, it remains unclear to what degree any of the alleged contemnors intends to rely on the substance of counsels advice in arguing that they took all reasonable steps to comply with the courts injunction. See Shuffler v. Heritage Bank, 720 F.2d 1141, 1146-47 (9th Cir.1983) (citing Sekaquaptewa v. MacDonald, 544 F.2d 396, 406 (9th Cir.1976)). Accordingly, the court will hear argument on the issue of attorney-client privilege at the end of the pre-hearing status conference scheduled for Monday, October 21, 2013, at 3 p.m. Argument will be limited to 10 minutes per side. The parties shall be prepared to address: (1) If a witness testifies that he or she relied on the advice of counsel in deciding what action to take or to avoid, does this testimony waive the attorney-client privilege? (2) If a witness testifies that he or she consulted an attorney without also testifying that he or she followed or otherwise relied on counsel's advice, what relevance does such testimony have, and what weight should it be accorded? (3) If the court were to conclude that a volunteer director ought not to be personally liable for damages if the director reasonably followed advice of counsel, would the directors still disavow an advice-of-counsel defense and seek to protect the substance of attorney-client communication? The corollary, of course, is that, by disavowing reliance on advice of counsel, the directors would accept personal financial responsibility for acts or omissions that the court finds violated the injunction. (Appellate Commissioner) [8825349] (DL) [Entered: 10/17/2013 01:24 PM] |
| Filing 249 Filed order (Appellate Commissioner): The Non-Party Directors unopposed motion to allow John McMullan to testify by videoconference is granted. The Directors opposed motion to allow Peter Hammarstedt and Siddharth Chakravarty to testify by videoconference is also granted. The parties shall meet and confer to arrange for a deposition of all three witnesses in advance of their testimony at the hearing. The opposed motion of Defendant-Appellee Paul Watson to testify via Skype is granted to the extent that Watson will be allowed to testify via Skype. The court reserves the right to terminate testimony if contemporaneous transmission of that testimony proves to be ineffective. The parties shall meet and confer to determine a method for transmitting exhibits for the purpose of cross-examination of all witnesses testifying remotely. (Appellate Commissioner) [8825340] (DL) [Entered: 10/17/2013 01:20 PM] |
| Filing 248 Filed (ECF) notice of appearance of Sharae M. Wheeler for Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa. Date of service: 10/17/2013. [8824978] (Gross, Sharae) [Entered: 10/17/2013 11:20 AM] |
| Filing 247 Filed (ECF) Appellee Paul Watson reply to response (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 10/15/2013. [8821662] (Leyh, Timothy) [Entered: 10/15/2013 02:51 PM] |
| Filing 246 Filed (ECF) - Lani Blazier, Marnie Gaede, Robert Talbot, Robert Wintner and Benjamin Zuckerman reply to response (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 10/15/2013. [8821216] (O'Sullivan, Kathleen) [Entered: 10/15/2013 12:10 PM] |
| Filing 245 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa response to Court order dated 04/16/2013. Date of service: 10/11/2013. [8819909] (Neupert, John) [Entered: 10/11/2013 06:47 PM] |
| Filing 244 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa response to motion (,motion for miscellaneous relief (to be used only if no other relief applies), ,motion for miscellaneous relief (to be used only if no other relief applies), , ,motion for miscellaneous relief (to be used only if no other relief applies), ,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 10/09/2013. [8815656] (Neupert, John) [Entered: 10/09/2013 01:50 PM] |
| Filing 243 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa response to motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 10/09/2013. [8815629] (Neupert, John) [Entered: 10/09/2013 01:43 PM] |
| Filing 242 Filed (UNDER SEAL) Plaintiffs-Appellants' combined reply in support of motion to compel production of information withheld on the basis of attorney-client privilege served on 10/04/2013 [8814393] (RR) [Entered: 10/08/2013 04:18 PM] |
| Filing 241 Deleted Incorrect Entry. [8814319] (RR) [Entered: 10/08/2013 03:58 PM] |
| Filing 240 Filed Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa motion for permission to file UNDER SEAL Plaintiffs-Appellants' combined reply in support of motion to compel production of information withheld on the basis of attorney-client privilege. Served on 10/04/2013. [8814301] (RR) [Entered: 10/08/2013 03:51 PM] |
| Filing 239 Filed (ECF) - Susan Hartland Motion for miscellaneous relief [Non-Party Susan Hartland's Joinder in Non-Party Directors' Motion for an Order Permitting Witnesses' Trial Testimony by Videoconference]. Date of service: 10/07/2013. [8812325] (Davis, Claire) [Entered: 10/07/2013 04:14 PM] |
| Filing 238 Filed (ECF) Appellee Paul Watson Motion for miscellaneous relief [WATSONS JOINDER IN NON-PARTY DIRECTORS MOTION FOR ORDER PERMITTING WITNESSES TRIAL TESTIMONY BY VIDEOCONFERENCE]. Date of service: 10/07/2013. [8811466] (Leyh, Timothy) [Entered: 10/07/2013 12:26 PM] |
| Filing 237 Filed (ECF) - Peter Rieman response joining motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 10/07/2013. [8810994] (Bennard, Kristina) [Entered: 10/07/2013 09:50 AM] |
| Filing 236 Filed (ECF) Appellee Sea Shepherd Conservation Society Motion for miscellaneous relief [Statement of Joinder Regarding Non-Party Directors' Motion Regarding Video Testimony]. Date of service: 10/04/2013. [8810641] (Moure, Charles) [Entered: 10/04/2013 05:25 PM] |
| Filing 235 Filed (ECF) - Lani Blazier, Marnie Gaede, Robert Talbot, Robert Wintner and Benjamin Zuckerman Motion for miscellaneous relief [Non-Party Directors' Motion for an Order Permitting Witnesses' Trial Testimony by Videoconference]. Date of service: 10/04/2013. [8810324] (O'Sullivan, Kathleen) [Entered: 10/04/2013 03:33 PM] |
| Filing 234 Filed (ECF) Appellee Paul Watson Motion for miscellaneous relief [MOTION TO PERMIT VIDEO TESTIMONY VIA SKYPE AT CONTEMPT HEARING]. Date of service: 10/04/2013. [8810301] (Leyh, Timothy) [Entered: 10/04/2013 03:24 PM] |
| Filing 233 Filed order (Appellate Commissioner): Defendant-Appellee Paul Watsons motion to permit trial testimony by telephone is denied. The court would benefit from observing Watsons demeanor while testifying, and the plaintiffs should be able to cross-examine Watson with evidence produced at the hearing and not divulged in advance. Defendants-Appellees may move to allow Watson to appear by video transmission. See Fed. R. Civ. P. 43(a) advisory committees note (1996 amendment) (Video transmission ordinarily should be preferred when the cost is reasonable in relation to the matters in dispute, the means of the parties, and the circumstances that justify transmission.). Any further motion should also identify a procedure by which any impeachment evidence would be transmitted to Watson in real time during cross-examination. (Appellate Commissioner) [8807301] (DL) [Entered: 10/02/2013 05:12 PM] |
| Filing 232 Added attorney Julia D. Woog for Peter Rieman, in case 12-35266. [8805559] (RR) [Entered: 10/01/2013 04:57 PM] |
| Filing 229 Filed (ECF) notice of appearance of Julia D. Woog for - Peter Rieman. Date of service: 10/01/2013. [8805130] (Woog, Julia) [Entered: 10/01/2013 02:52 PM] |
| Filing 231 Filed (UNDER SEAL) Lani Blazier, Marnie Gaede, Susan Hartland, Peter Rieman, Robert Talbot, Robert Wintner and Benjamin Zuckerman opposition to Plaintiffs-Appellants' motion to compel production of privileged communications. Served on 09/30/2013. [8805209] (RR) [Entered: 10/01/2013 03:09 PM] |
| Filing 230 Filed Non-Parties Lani Blazier, Marnie Gaede, Susan Hartland, Robert Talbot, Robert Wintner and Benjamin Zuckerman motion for permission to file UNDER SEAL joint opposition to Plaintiffs-Appellants' motion to compel production of privileged communications. Served on 09/30/2013. [8805162] [8805162] (RR) [Entered: 10/01/2013 02:58 PM] |
| Filing 228 Filed (ECF) Appellee Sea Shepherd Conservation Society response opposing motion (miscellaneous request). Date of service: 09/30/2013. [8803400] (Moure, Charles) [Entered: 09/30/2013 11:40 PM] |
| Filing 227 Filed (ECF) Appellee Paul Watson reply to response (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 09/27/2013. [8800651] (Leyh, Timothy) [Entered: 09/27/2013 03:24 PM] |
| Filing 226 Filed order (Appellate Commissioner): The parties shall participate by telephone in a pre-hearing status conference at 3:00 p.m. on Tuesday, October 8, 2013. The conference will address how to focus and streamline the hearing scheduled to begin on October 28, 2013. No later than October 1, 2013, the parties shall provide the court with the pre-hearing statements they have exchanged in accordance with the courts April 16, 2013 scheduling order. These submissions should provide the information described in Local Rules 16(h) and 16(i) of the Western District of Washington. If the parties are able to reach a stipulation regarding relevant facts before the conference, it shall also be provided to the Appellate Commissioner. (Appellate Commissioner) [8799002] (DL) [Entered: 09/26/2013 04:41 PM] |
| Filing 225 Filed order (ALEX KOZINSKI, A. WALLACE TASHIMA and MILAN D. SMITH, JR.) Non-party Susan Hartlands Petition for Rehearing or Rehearing En Banc (Dkt. 213) is denied. See Fed. R. App. P. 35, 40. [8793906] (SAM) [Entered: 09/24/2013 09:14 AM] |
| Filing 224 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa response to motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 09/23/2013. [8792901] (Neupert, John) [Entered: 09/23/2013 02:42 PM] |
| Filing 223 Filed order (Appellate Commissioner): Plaintiff-Appellant ICRs motion to compel is granted. Defendant-Appellee Sea Shepherds counter-motion for a protective order is denied. With respect to emails, Sea Shepherd shall produce, if it has not already done so, the categories of email it offered to produce during the parties August 19, 2013 meet-and-confer: ... Sea Shepherd shall produce the foregoing documents within 10 days after the date of this order. (See Order for Full Text) [8791353] (HH) [Entered: 09/20/2013 04:03 PM] |
| Filing 222 Filed UNDER SEAL Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa motion to compel production of information withheld on the basis of attorney-client privilege; declaration of Elizabeth Tedesco Milesnick. Served on 09/14/2013. [8786746] (RR) [Entered: 09/17/2013 04:43 PM] |
| Filing 221 Filed Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa motion to file UNDER SEAL Apellants' motion to compel production of information withheld on the basis of attorney-client privilege. Served on 09/14/2013. [8786728] (RR) [Entered: 09/17/2013 04:38 PM] |
| Filing 220 Filed (ECF) Appellee Sea Shepherd Conservation Society reply to response (). Date of service: 09/13/2013. [8782525] (Moure, Charles) [Entered: 09/13/2013 07:32 PM] |
| Filing 219 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa response to motion (,motion for miscellaneous relief (to be used only if no other relief applies), ). Date of service: 09/09/2013. [8774775] (Neupert, John) [Entered: 09/09/2013 03:39 PM] |
| Filing 218 Filed (ECF) Appellee Paul Watson Motion for miscellaneous relief [WATSON'S MOTION TO PERMIT TRIAL TESTIMONY BY TELEPHONE]. Date of service: 09/09/2013. [8774446] (Leyh, Timothy) [Entered: 09/09/2013 02:25 PM] |
| Filing 217 Filed order (Appellate Commissioner): ...The court has reviewed the redacted material in both translations. None of the material is relevant to the allegations in the motion for contempt or to any defense to those allegations. See Fed. R. Civ. P. 26(b)(1). Nor is the redacted material reasonably calculated to lead to the discovery of admissible evidence. Id. Accordingly, Sea Shepherds motion to compel is denied. (Appellate Commissioner) [8773380] (DL) [Entered: 09/09/2013 08:40 AM] |
| Filing 216 Filed (ECF) Appellee Sea Shepherd Conservation Society response opposing motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 09/03/2013. [8766888] (Moure, Charles) [Entered: 09/03/2013 04:29 PM] |
| Filing 215 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Correspondence: responding to Dkt. No. 214-1. Date of service: 08/29/2013 [8761660] (Helmer, Martha) [Entered: 08/29/2013 10:58 AM] |
| Filing 214 Filed (ECF) Appellee Sea Shepherd Conservation Society Correspondence: Translation of documents provided in response to August 23 Order (Dkt#211). Date of service: 08/28/2013 [8761007] (Moure, Charles) [Entered: 08/28/2013 06:04 PM] |
| Filing 213 Filed (ECF) - Susan Hartland petition for panel rehearing and petition for rehearing en banc (from 08/13/2013 memorandum). Date of service: 08/27/2013. [8759071] (Davis, Claire) [Entered: 08/27/2013 06:30 PM] |
| Filing 212 Filed (ECF) Appellee Sea Shepherd Conservation Society Motion for miscellaneous relief [Cross-Motion for Protective Order]. Date of service: 08/26/2013. [8757146] (Moure, Charles) [Entered: 08/26/2013 09:13 PM] |
| Filing 211 Filed order (Appellate Commissioner): Defendant-Appellee Sea Shepherd Conservation Societys Motion to Compel Discovery (Dkt. #205) is held in abeyance pending in camera review of the disputed documents. Plaintiff-Appellant ICR shall, by August 27, 2013, provide the court with unredacted copies of the documents it produced in redacted form in response to the courts July 2, 2013 order (Dkt. #188). ICR shall also provide a declaration attesting to the accuracy of any translated documents. (Appellate Commissioner) [8754994] (AF) [Entered: 08/23/2013 04:15 PM] |
| Filing 210 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Motion for miscellaneous relief [Plaintiffs-Appellants' Motion to Compel Compliance With Commissioner Order Regarding Production of Documents by Defendant-Appellee Sea Shepherd Conservation Society]. Date of service: 08/22/2013. [8753631] (Neupert, John) [Entered: 08/22/2013 09:19 PM] |
| Filing 209 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Correspondence: Letter to Appellate Commissioner to clarify a date error in plaintiffs-appellants' response to SSCS's motion to compel (Response Dkt. No. 207). Date of service: 08/21/2013 [8751746] (Helmer, Martha) [Entered: 08/21/2013 04:00 PM] |
| Filing 208 Filed (ECF) Appellee Sea Shepherd Conservation Society reply to response (). Date of service: 08/20/2013. [8750321] (Moure, Charles) [Entered: 08/20/2013 05:26 PM] |
| Filing 207 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa response to motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 08/16/2013. [8746850] (Helmer, Martha) [Entered: 08/16/2013 05:06 PM] |
| Filing 206 Filed order (ALEX KOZINSKI, A. WALLACE TASHIMA and MILAN D. SMITH, JR.) Non-party Susan Hartland argues that because we lack jurisdiction to file the injunction [i]n light of Kiobel [v. Royal Dutch Shell Petroleum Co., 133 S. Ct. 1659 (2013)], . . . . the injunction should be vacated and the contempt proceedings dismissed. Hartland Motion at 5. Even assuming Hartlands interpretation of Kiobel is correct, [d]ismissal for lack of jurisdiction is not warranted to the extent that the complaint pleads facts from which federal jurisdiction clearly may be inferred. Demarest v. United States, 718 F.2d 964, 965 (9th Cir. 1983). The district court here had subject matter jurisdiction in the case based on diversity of citizenship. 28 U.S.C. 1332(a)(2). Appellees Sea Shepherd and Watson are American citizens, and appellants are all foreign citizens; thus, section 1332's complete diversity requirement is met. See Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 580 n.2 (1999). In addition, the district court found that the amount in controversy exceeds $75,000; Hartland does not argue that this finding is clearly erroneous, and plainly it is not. See Crum v. Circus Circus Enters., 231 F.3d 1129, 1130 (9th Cir. 2000). The Appellate Commissioners ruling denying dismissal of the contempt proceedings is affirmed. [8741781] (SAM) [Entered: 08/13/2013 03:25 PM] |
| Filing 205 Filed (ECF) Appellee Sea Shepherd Conservation Society Motion for miscellaneous relief [Motion to Compel Plaintiffs-Appellants to Produce Documents this Court Previously Ordered them to Produce]. Date of service: 08/02/2013. [8729382]--[COURT UPDATE: Attached corrected PDF of declaration and exhibits. Resent NDA. 08/05/2013 by RY] (Moure, Charles) [Entered: 08/02/2013 05:21 PM] |
| Filing 204 Terminated Rachel Eve Buker for Paul Watson and Sea Shepherd Conservation Society in 12-35266 [8726773] (RR) [Entered: 08/01/2013 12:41 PM] |
| Filing 203 Filed (ECF) Appellees Sea Shepherd Conservation Society and Paul Watson Correspondence: Notice of Withdrawal of Rachel E. Buker. Date of service: 07/31/2013 [8725611] (Moure, Charles) [Entered: 07/31/2013 04:03 PM] |
| Filing 202 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Correspondence: To advise Appellate Commissioner that plaintiffs will not be filing a motion for protective order regarding certain discovery (see related Dkt. Nos. 198 and 199). Date of service: 07/23/2013 [8714820] (Neupert, John) [Entered: 07/23/2013 02:30 PM] |
| Filing 201 Filed order (ALEX KOZINSKI, A. WALLACE TASHIMA and MILAN D. SMITH, JR.) We have considered non-party Peter Riemans motion to reconsider the Appellate Commissioners denial of his motion to dismiss. We deny the motion for the reasons set forth in the Appellate Commissioners order of June 21, 2013 (Dkt. 180). [8713563] (SAM) [Entered: 07/22/2013 04:56 PM] |
| Filing 200 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa response to motion (,motion to reconsider order, to set response by any party to anything). Date of service: 07/22/2013. [8713191] (Neupert, John) [Entered: 07/22/2013 03:02 PM] |
| Filing 199 Filed order (Appellate Commissioner): Plaintiff-Appellant ICRs unopposed motion to extend the deadline for conducting depositions of Paul Watson, Susan Hartland, and Robert Talbot is granted. The depositions may be conducted on dates mutually convenient to the parties on or before August 9, 2013. Plaintiff-Appellant ICRs unopposed motion for an extension of time to and including July 24, 2013 to file a motion for an order regarding protection of documents ordered to be produced by the July 2, 2013 order is also granted. (Appellate Commissioner) [8702604] (DL) [Entered: 07/12/2013 05:50 PM] |
| Filing 198 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Unopposed Motion for miscellaneous relief [Plaintiffs-Appellants' Unopposed Motion for Extension of Time to File Motion for Order Regarding Certain Discovery Protection and Declaration of M. Christie Helmer in Support of Plaintiffs-Appellants' Unopposed Motion for Extension of Time ]. Date of service: 07/12/2013. [8702336] (Neupert, John) [Entered: 07/12/2013 03:59 PM] |
| Filing 197 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Unopposed Motion for miscellaneous relief [Plaintiffs-Appellants' Unopposed Mot to Extend the Deadline for Conducting Depositions of Paul Watson, Susan Hartland, and Robert Talbot]. Date of service: 07/12/2013. [8701382] (Neupert, John) [Entered: 07/12/2013 11:31 AM] |
| Filing 195 Filed (ECF) Appellee Paul Watson Correspondence: CORRECTION TO REPLY RE WATSON'S MOTION FOR PROTECTIVE ORDER. Date of service: 07/09/2013 [8696488] (Buhler, Michelle) [Entered: 07/09/2013 02:09 PM] |
| Filing 194 Filed order (ALEX KOZINSKI, A. WALLACE TASHIMA and MILAN D. SMITH, JR.) Within 14 days of the date of this order, appellants shall file a response to non-party Susan Hartlands motion for reconsideration of the motion to dismiss contempt proceedings for lack of subject matter jurisdiction. [8693451] (BJB) [Entered: 07/08/2013 09:41 AM] |
| Filing 196 Received letter dated 07/02/2013 from John F. Neupert re: Pursuant to the Appellate Commissioner's order Docket No. 187 dated 7/2/13, we enclose a redacted replacement version to Exhibit 7 to Docket No. 147. Please note that plaintiffs-appellants do not intend by their submission to waive any rights with respect to their position that the document should not be redacted and is not subject to any claim of privilege. [8699581] (RR) [Entered: 07/11/2013 11:21 AM] |
| Filing 193 ENTRY UPDATED. ORIGINAL TEXT: ENTRY UPDATED. ORIGINAL TEXT: Filed order (Appellate Commissioner): Defendant-Appellee Paul Watsons Motion for a Protective Order Limiting Deposition Examination of Watson (Dkt. #168) is granted in part. Watson may be asked whether he has been convicted in any jurisdiction of a crime that fits the definitions in Federal Rule of Evidence 609(a), but he may not be questioned about the details of any crimes. Watson may be questioned about other civil proceedings and any testimony he provided in those proceedings. Watson may not be questioned about the details of his flight from Germany, or from whom he received financial or other assistance in connection with that flight. Watson may not be questioned about his fugitive status. The fugitive disentitlement doctrine is too remote from the issues at the heart of these proceedings. Watson may not be questioned about his personal life or relationships unrelated to his participation in any Sea Shepherd organization. (Appellate Commissioner) [8691819] [8691819]--[Edited 07/03/2013 by DL] (DL) [Entered: 07/03/2013 06:40 PM] |
| Filing 192 Filed (ECF) - Peter Rieman motion for reconsideration of non-dispositive Appellate Commissioner Order of 06/21/2013. Date of service: 07/03/2013. [8691293] (Bennard, Kristina) [Entered: 07/03/2013 02:54 PM] |
| Filing 191 Filed (ECF) Appellee Paul Watson reply to response (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 07/03/2013. [8691203] (Buhler, Michelle) [Entered: 07/03/2013 02:24 PM] |
| Filing 190 Filed order (Appellate Commissioner): Defendant-Appellee Paul Watsons Motion to Compel Responses to Watsons First Requests for Admissions (RFAs) (Dkt. #153) is granted in part. The requests for admissions regarding the navigation of Plaintiff-Appellant ICRs vessels may be relevant to determining whether willful violations of the courts injunction occurred. The motion to compel is denied with respect to RFA 16 and RFA 17 concerning the Sun Laurel. Unlike the RFAs concerning the navigation of ships (including the Sun Laurel), these requests are not directed at ICR conduct that could have caused a violation of the safety perimeter mandated by the injunction, Accordingly, within 10 days after the date of this order, ICR shall file an amended response to Watsons first set of RFAs. (Appellate Commissioner) [8688978] (DL) [Entered: 07/02/2013 11:14 AM] |
| Filing 189 Filed order (Appellate Commissioner): Defendant-Appellee Paul Watsons Motion to Compel Responses to Interrogatories and Requests for Production of Documents (Dkt. #158) is granted. Plaintiff-Appellant ICR shall, within ten days after the filing of this order, provide an amended response to Interrogatory No. 17, and produce the documents sought in Requests for Production Nos. 6-8, 13, 14, and 33. All requests for fees and costs are deferred until the conclusion of these contempt proceedings. (Appellate Commissioner) [8688896] (DL) [Entered: 07/02/2013 10:44 AM] |
| Filing 188 Filed order (Appellate Commissioner): Defendant-Appellee Sea Shepherd Conservation Societys Motion to Compel Discovery (Dkt. #156) is granted in part, and denied in part. Sea Shepherds motion for oral argument is denied. Plaintiff-Appellant ICR shall, within ten days after the filing of this order, produce the documents sought in Requests for Production Nos. 84, 85, and 86. The motion to compel is otherwise denied as imprecise, overbroad, and not consistent with the goal of streamlining discovery. All requests for fees and costs are deferred until the conclusion of these contempt proceedings. (Appellate Commissioner) [8688602] (DL) [Entered: 07/02/2013 09:09 AM] |
| Filing 187 Filed order (Appellate Commissioner): On June 13, 2013, the court ordered Appellees Sea Shepherd and Paul Watson to addresses whether the Confidentiality Agreement executed while the case was in District Court should govern filings in the contempt proceedings, and invited the alleged non-party contemnors to express their views on the matter. Watson and non-parties Peter Rieman and Susan Hartland have joined in the response of Sea Shepherd. Neither ICR nor the non-party current directors have expressed their view of the matter. Accordingly, the court adopts the position expressed in Sea Shepherds filing. During the pendency of these contempt proceedings, the parties need not file materials designated confidential under seal. No partys right to invoke the provisions of the Confidentiality Agreement in the district court or any subsequent appellate procedure is limited or hereby waived. The suspension of the sealed filing requirement does not limit or waive the applicability of any other portion of the Confidentiality Agreement. In light of this new understanding, ICRs May 16, 2013 motion to file under seal documents regarding its motion to compel (Dkt. # 146) is denied as moot. Because an exhibit filed in connection with that motion contained an inadvertently produced document containing privileged material (Dkt. # 147, Exh. 7), ICR shall, within seven days after the date of this order, replace Exhibit 7 with a redacted version. Once the substitution has occurred, the Clerk shall unseal Docket Nos. 146 and 147. (Appellate Commissioner) [8688586] (DL) [Entered: 07/02/2013 09:03 AM] |
| Filing 186 Filed (ECF) Appellee Paul Watson reply to response (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 06/27/2013. [8684614] (Buhler, Michelle) [Entered: 06/27/2013 04:40 PM] |
| Filing 185 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa response to motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 06/27/2013. [8683977] (Neupert, John) [Entered: 06/27/2013 01:36 PM] |
| Filing 184 Filed (ECF) - Susan Hartland response to Court order dated 06/13/2013. Date of service: 06/21/2013. [8678323] (Davis, Claire) [Entered: 06/21/2013 05:31 PM] |
| Filing 183 Filed (ECF) - Peter Rieman response to Court order dated 06/13/2013. Date of service: 06/21/2013. [8678042] (Bennard, Kristina) [Entered: 06/21/2013 03:30 PM] |
| Filing 182 Filed (ECF) Appellee Paul Watson response to Court order dated 06/13/2013. Date of service: 06/21/2013. [8677885] (Buhler, Michelle) [Entered: 06/21/2013 02:58 PM] |
| Filing 181 Filed order (Appellate Commissioner): Plaintiff-Appellant ICRs motion for a protective order is granted in part, and denied in part. The captains may be questioned about specific radar data that has been produced or that ICR intends to use in these proceedings, including any steps taken to insure the accuracy and reliability of that data. The captains may not be questioned about the type of radar equipment used, its range, or other characteristics. The captains may not be questioned about ship characteristics, including fuel consumption. The question whether SS or ICR vessels approached and which vessels, if any, were navigating unsafely will be determined on the evidence of what actually occurred, and more specific information about ship characteristics is not essential to that determination. The captains may be questioned about particular communications, including how and by whom the recordings were made and whether the recordings have been edited. The captains may not be questioned about the type of communications equipment used, its range, or other characteristics. With respect to defensive tactics, the captains may be questioned only about whether they navigated their vessels toward Sea Shepherd vessels so that they approached Sea Shepherd rather than vice-versa, and whether they navigated safely. The captains may not be examined about the redacted documents unless it is first established that the redacted matter falls within the limited scope of examination authorized by this order. (Appellate Commissioner) [8677248] (DL) [Entered: 06/21/2013 11:32 AM] |
| Filing 180 Filed order (Appellate Commissioner): Non-party Peter Riemans Renewed Motion to Dismiss Contempt Proceedings is denied. Rieman was a board member during the period in which the board made decisions about how to respond to the injunction. If ICR establishes that those decisions made the board liable for subsequent violations of the injunction, Rieman is also liable for compensatory damages resulting from that violation. Rieman offers no authority for the proposition that resignation necessarily and retroactively renders a director immune for actions that occurred on his watch. Civil contempt proceedings may serve a compensatory as well as a coercive purpose. See Shuffler v. Heritage Bank, 720 F.2d 1141, 1147 (9th Cir. 1983). Even if Rieman is no longer in a position to be coerced to comply with the courts injunction, it remains a matter of dispute whether his actions constituted a contempt for which ICR may seek compensation. ICRs decision not to make a claim for damage to its ships does not mean that it may not seek compensation for the cost of enforcing the courts injunction through civil contempt. Courts have routinely approved the award of attorneys fees in civil contempt proceedings. See Harcourt Brace v. Multistate Legal Studies, 26 F.3d 948, 953 (9th Cir. 1994) (affirming award of attorneys fees for civil contempt proceedings); Allied Materials Corp. v. Superior Products, Co., 620 F.2d 224, 227 (10th Cir. 1980) (approving award of attorneys fees as part of civil contempt judgment); Folk v. Wallace Business Forms, Inc., 394 F.2d 240, 244 (4th Cir. 1968) (same). Although Riemans resignation is not a complete defense to these contempt proceedings, it may be relevant later in the calculation of damages, if any. (Appellate Commissioner) [8677237] (DL) [Entered: 06/21/2013 11:28 AM] |
| Filing 179 Filed (ECF) Appellee Sea Shepherd Conservation Society response to Court order dated 06/13/2013. Date of service: 06/20/2013. [8676469] (Moure, Charles) [Entered: 06/20/2013 06:16 PM] |
| Filing 178 Filed (ECF) Appellee Sea Shepherd Conservation Society response to motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 06/20/2013. [8676425] (Moure, Charles) [Entered: 06/20/2013 05:05 PM] |
| Filing 177 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa response to motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 06/20/2013. [8675251] (Neupert, John) [Entered: 06/20/2013 11:06 AM] |
| Filing 176 Filed (ECF) - Peter Rieman response joining motion (). Date of service: 06/20/2013. [8675218] (Bennard, Kristina) [Entered: 06/20/2013 10:57 AM] |
| Filing 175 Filed (ECF) - Susan Hartland response joining motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 06/19/2013. [8674507] (Davis, Claire) [Entered: 06/19/2013 04:37 PM] |
| Filing 174 Filed (ECF) - Lani Blazier, Marnie Gaede, Robert Talbot, Robert Wintner and Benjamin Zuckerman response joining motion (). Date of service: 06/19/2013. [8674258] (O'Sullivan, Kathleen) [Entered: 06/19/2013 03:07 PM] |
| Filing 173 Filed (ECF) Appellee Sea Shepherd Conservation Society reply to response (). Date of service: 06/18/2013. [8672810] (Moure, Charles) [Entered: 06/18/2013 06:47 PM] |
| Filing 172 Filed (ECF) Appellee Paul Watson response to motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 06/18/2013. [8672742] (Buhler, Michelle) [Entered: 06/18/2013 04:55 PM] |
| Filing 171 Filed (ECF) Appellee Paul Watson reply to response (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 06/17/2013. [8670613] (Buhler, Michelle) [Entered: 06/17/2013 03:38 PM] |
| Filing 170 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa reply to response (, ). Date of service: 06/14/2013. [8668900] (Neupert, John) [Entered: 06/14/2013 04:36 PM] |
| Filing 169 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa response to motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 06/14/2013. [8668683] (Neupert, John) [Entered: 06/14/2013 03:21 PM] |
| Filing 168 Filed (ECF) Appellee Paul Watson Motion for miscellaneous relief [WATSONS MOTION FOR PROTECTIVE ORDER LIMITING DEPOSITION EXAMINATION OF WATSON]. Date of service: 06/13/2013. [8667101] (Jordan, Charles) [Entered: 06/13/2013 03:17 PM] |
| Filing 167 Filed (ECF) - Peter Rieman reply to response (,motion to dismiss party from case). Date of service: 06/13/2013. [8666981] (Bennard, Kristina) [Entered: 06/13/2013 02:41 PM] |
| Filing 166 Filed order (Appellate Commissioner):Plaintiff-Appellant ICRs motion to compel is granted in part. Defendant-Appellee Sea Shepherd objects to discovery requests involving documents that pre-date the issuance of the injunction. As the court stated in ruling on the motion to quash the subpoena of Wells Fargo records, information concerning Sea Shepherds finances before the injunction is relevant to evaluate its contention that it withdrew from participation in Operation Zero Tolerance (OZT) after the injunction issued. That claim cannot be assessed without a clear picture of the relationship existing between Sea Shepherd and the other entities participating in OZT before the injunction issued. ICRs discovery requests do not seek information from an unreasonable period of time, given these legitimate concerns, and Sea Shepherd must produce documents requested by ICR. Accordingly, the motion to compel is GRANTED with the following exceptions: The motion to compel a response to Request for Production (RFP) 7 is DENIED. ICRs motion demonstrates that it has already obtained information concerning Sea Shepherds support of Watson concerning his legal difficulties in Germany, and further detailed financial information does not appear to be relevant to the present proceedings. The motion to compel a response to RFP 20 is DENIED in part. The request for all emails from any seashepherd.org email account is overly broad and burdensome. Defendant shall produce the requested email communications with Jeff Hansen. In all other respects, Sea Shepherd shall produce the documents that are the subject of the motion to compel by June 20, 2013. ICRs motion to file its motion to compel and its reply in support thereof under seal is held in abeyance. Defendants-Appellees Sea Shepherd and Paul Watson shall file a response within seven days after the date of this order that addresses whether the Confidentiality Agreement that was executed while the case was in District Court should govern these filings, as well as future filings in the contempt proceedings. Non-parties may file a response within the same seven days. (Appellate Commissioner) [8666276] (DL) [Entered: 06/13/2013 10:29 AM] |
| Filing 165 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa response to motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 06/12/2013. [8665729] (Neupert, John) [Entered: 06/12/2013 05:00 PM] |
| Filing 164 Filed (ECF) - Susan Hartland motion for reconsideration of non-dispositive Appellate Commissioner Order of 05/29/2013. Date of service: 06/12/2013. [8665718] (Davis, Claire) [Entered: 06/12/2013 04:51 PM] |
| Filing 163 Filed (ECF) Appellee Sea Shepherd Conservation Society response to motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 06/11/2013. [8664007] (Moure, Charles) [Entered: 06/11/2013 06:24 PM] |
| Filing 162 Filed (ECF) Appellee Paul Watson response to motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 06/11/2013. [8663701] (Buhler, Michelle) [Entered: 06/11/2013 03:30 PM] |
| Filing 161 MANDATE ISSUED.(AK, AWT and MDS) Costs taxed against Appellee in the amount of $329.60. [8660238] (JFF) [Entered: 06/07/2013 03:53 PM] |
| Filing 158 Filed (ECF) Appellee Paul Watson Motion for miscellaneous relief [WATSONS MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS]. Date of service: 06/06/2013. [8658413] (Buhler, Michelle) [Entered: 06/06/2013 03:43 PM] |
| Filing 160 Filed UNDER SEAL Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Appellants' reply in support of motion to compel defendant-appellee Sea Shepherd Conservation Society to produce documents in response to first request for production of documents and things dated 3/5/13; supplemental declaration of John F. Neupert in support of. Served on 06/03/2013 [8659253] (RR) [Entered: 06/07/2013 10:16 AM] |
| Filing 159 Filed Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa motion to file UNDER SEAL reply in support of motion to compel defendant-appelee Sea Shepherd Conservation Society to produce documents in response to first request for production of documents and things dated 3/5/13; declaration of Erica Clausen in support of. Served on 06/03/2013. [8659237] (RR) [Entered: 06/07/2013 10:10 AM] |
| Filing 157 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa response to motion (,motion to dismiss party from case). Date of service: 06/04/2013. [8654569] (Neupert, John) [Entered: 06/04/2013 02:46 PM] |
| Filing 156 Filed (ECF) Appellee Sea Shepherd Conservation Society Motion for miscellaneous relief [Motion to Compel Discovery]. Date of service: 05/31/2013. [8651242] (Moure, Charles) [Entered: 05/31/2013 06:04 PM] |
| Filing 155 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Correspondence: Amended Certificate of Service Regarding Plaintiffs-Appellants' Motion for Protective Order Regarding Captains' Depositions. Date of service: 05/31/2013 [8651177] (Neupert, John) [Entered: 05/31/2013 04:57 PM] |
| Filing 154 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Motion for miscellaneous relief [Motion for Protective Order Regarding Captains' Depositions]. Date of service: 05/31/2013. [8650826] (Neupert, John) [Entered: 05/31/2013 03:09 PM] |
| Filing 153 Filed (ECF) Appellee Paul Watson Motion for miscellaneous relief [MOTION TO COMPEL RESPONSES TO DEFENDANT-APPELLEE WATSONS FIRST REQUESTS FOR ADMISSIONS]. Date of service: 05/29/2013. [8647481] (Jordan, Charles) [Entered: 05/29/2013 05:35 PM] |
| Filing 152 Filed order (Appellate Commissioner): The motion of non-parties Lani Blazier, Marnie Gaede, Bob Talbot, Robert Wintner and Ben Zuckerman (the Directors) to dismiss contempt proceedings is denied. To the extent that the Directors due process arguments are based on Federal Rules of Procedure 8 and 65, those arguments were already raised in the December 31, 2012 motion for reconsideration filed by Sea Shepherd and Paul Watson, and rejected by the panel. The Directors contention that Federal Rule of Procedure 48 does not authorize reference of the contempt motion to the Appellate Commissioner lacks merit. The 1994 Committee Note to Rule 48 specifically provides that [t]he courts of appeals have long used masters in contempt proceedings where the issue is compliance with an enforcement order. Moreover, the courts February 21, 2013 referral order authorizes the Appellate Commissioner to conduct proceedings and to produce a report and recommendation. The final disposition of the contempt motion remains with the panel. The Directors argue for the first time in the reply brief that the referral has somehow become improper because The Whalers have expanded these proceedings well beyond reasonable bounds . . . in violation of Rule 48. But the Directors concede that the referral order contemplates amendment of the contempt motion, undercutting an argument that they did not raise in their original motion to dismiss. The Directors contend that, as non-parties, they have not been able to raise their First Amendment concerns or other constitutional issues in the underlying matter. They are free, of course, to raise them in these contempt proceedings, in a motion for reconsideration, and in objections to the report and recommendation. (Appellate Commissioner) [8646719] (DL) [Entered: 05/29/2013 01:59 PM] |
| Filing 151 Filed order (Appellate Commissioner): The motion of non-party Susan Hartland to dismiss contempt proceedings for lack of subject matter jurisdiction is denied. Hartland may file a motion for reconsideration with the panel. See 9th Cir. R. 27-10. (Appellate Commissioner) [8646703] (DL) [Entered: 05/29/2013 01:56 PM] |
| Filing 150 Filed (ECF) Appellee Sea Shepherd Conservation Society response opposing motion (miscellaneous request). Date of service: 05/28/2013. [8645302] (Moure, Charles) [Entered: 05/28/2013 06:35 PM] |
| Filing 149 Filed order and amended opinion (ALEX KOZINSKI, A. WALLACE TASHIMA and MILAN D. SMITH, JR.). Amending Disposition Opinion REVERSED. The opinion is amended as follows: (see order for full text) No further petitions for panel rehearing or rehearing en banc may be filed. [8641999] (RMM) [Entered: 05/24/2013 08:59 AM] |
| Filing 148 Filed (ECF) - Peter Rieman Motion to dismiss party from case. Date of service: 05/22/2013. [8639468] (Bennard, Kristina) [Entered: 05/22/2013 02:04 PM] |
| Filing 147 Filed motion Filed UNDER SEAL plaintiffs-appellants' motion to comple defendant-appellee Sea Shepherd Conservation Society to produce documents in response to first request for production of documents and things dated 3/5/13 - Filed under seal pending court's ruling on motion to seal. Served on 05/15/2013. [8634215] (RR) [Entered: 05/17/2013 04:29 PM] |
| Filing 146 Filed UNDER SEAL plaintiffs-appellants' motion for permission to file documents under seal regarding motion to compel defendant-appellee Sea Shepherd Conservation Society to produce documents in response to first request for production of documents and things dated 3/5/13. Served on 05/15/2013. [8634196] (RR) [Entered: 05/17/2013 04:26 PM] |
| Filing 145 Filed (ECF) Appellee Sea Shepherd Conservation Society Correspondence: Notice of Service of Amended Responses, Pursuant to Commissioner's May 1, 2013 Order. Date of service: 05/15/2013 [8630743] (Moure, Charles) [Entered: 05/15/2013 05:54 PM] |
| Filing 144 Filed (ECF) - Susan Hartland reply to response (). Date of service: 05/15/2013. [8630733] (Davis, Claire) [Entered: 05/15/2013 05:23 PM] |
| Filing 143 Filed (ECF) - Lani Blazier, Marnie Gaede, Robert Talbot, Robert Wintner and Benjamin Zuckerman reply to response (). Date of service: 05/15/2013. [8630427] (O'Sullivan, Kathleen) [Entered: 05/15/2013 03:27 PM] |
| Filing 142 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa response to non-party Susan Hartland's motion to dismiss contempt procedures for lack of subject matter jurisdiction. Date of service: 05/08/2013. [8622201]--[COURT UPDATE: Corrected text to reflect content of filing. 05/09/2013 by ASW] (Neupert, John) [Entered: 05/08/2013 04:18 PM] |
| Filing 141 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa response to motion (). Date of service: 05/08/2013. [8622077] (Neupert, John) [Entered: 05/08/2013 03:44 PM] |
| Filing 140 Filed order (Appellate Commissioner): At the May 7, 2013 status conference, the parties agreed that the briefing schedule for any discovery motion will follow the timing intervals of Local Rule7(d)(3) of the Western District of Washington, except that such motions may befiled on any day. The party opposing the discovery motion shall have eleven calendar days to respond to the motion, and the moving party shall have four calendar days to file a reply.(Appellate Commissioner) [8621786] (DL) [Entered: 05/08/2013 02:24 PM] |
| Filing 139 Filed order (Appellate Commissioner): Defendant-Appellee Sea Shepherds Motion for Reconsideration of the courts April 19, 2013 order granting in part its motion to quash is granted in part. Sea Shepherd shall be allowed five calendar days within which to redact information identifying its donors that is contained in documents produced by Wells Fargo. (Appellate Commissioner) [8621749] (DL) [Entered: 05/08/2013 02:17 PM] |
| Filing 138 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa response to motion (motion to reconsider order). Date of service: 05/08/2013. [8621238] (Neupert, John) [Entered: 05/08/2013 11:18 AM] |
| Filing 137 Added attorney Rebecca L. Millican for Sea Shepherd Conservation Society and Paul Watson, in case 12-35266. [8619933] (RR) [Entered: 05/07/2013 02:23 PM] |
| Filing 136 Filed order (Appellate Commissioner): The court has received and reviewed Defendant-Appellee Sea Shepherds Motion for Reconsideration of its April 19, 2013 order granting its motion to quash in part. Within five days after the date of this order, Plaintiffs-Appellants shall file a response showing why the motion for reconsideration should not be granted to the extent that Sea Shepherd is allowed a limited amount of time to redact the identities of its donors. (Appellate Commissioner) [8617389] (DL) [Entered: 05/06/2013 01:21 PM] |
| Filing 135 Filed (ECF) notice of appearance of Rebecca Lynn Millican for Appellees Sea Shepherd Conservation Society and Paul Watson. Date of service: 05/06/2013. [8617036] (Moure, Charles) [Entered: 05/06/2013 11:25 AM] |
| Filing 134 Filed (ECF) Appellee Sea Shepherd Conservation Society motion for reconsideration of non-dispositive Appellate Commissioner Order of 04/19/2013. Date of service: 05/03/2013. [8616225] (Moure, Charles) [Entered: 05/03/2013 06:59 PM] |
| Filing 133 Filed order (Appellate Commissioner):The parties shall participate by telephone in a further status conference at 4:00 p.m. on May 7, 2013. (Appellate Commissioner) [8612396] (DL) [Entered: 05/01/2013 05:13 PM] |
| Filing 132 Filed order (Appellate Commissioner):Plaintiffs-Appellants Motion to Determine Sufficiency of Defendant-Appellee Sea Shepherd Conservation Societys Answers to First Requests for Admissions (RFAs) is granted. Sea Shepherds answers do not meet the requirements of Federal Rule of Civil Procedure 36(a)(4) to the extent that they offer no statement of the inquiry undertaken in responding to the RFAs, and no explanation of why that inquiry was fruitless. See Asea, Inc. v. Southern Pacific Transp. Co., 669 F.2d 1242, 1246-47 (9th Cir.1982). Accordingly, within 14 days after the date of this order, Sea Shepherd shall file an amended response to Plaintiff-Appellants first set of RFAs. Sea Shepherd is not required to obtain information from third parties, but it is required to explain why it cannot do so in this case. All requests for fees and costs are deferred until the conclusion of these contempt proceedings. (Appellate Commissioner) [8611052] (DL) [Entered: 05/01/2013 08:51 AM] |
| Filing 131 Filed (ECF) Appellee Sea Shepherd Conservation Society response to motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 04/29/2013. [8609073] (Moure, Charles) [Entered: 04/29/2013 07:12 PM] |
| Filing 130 Filed (ECF) - Lani Blazier, Marnie Gaede, Robert Talbot, Robert Wintner and Benjamin Zuckerman response to motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 04/29/2013. [8609069] (O'Sullivan, Kathleen) [Entered: 04/29/2013 06:31 PM] |
| Filing 129 Filed (ECF) - Susan Hartland response to motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 04/23/2013. [8609066] (Davis, Claire) [Entered: 04/29/2013 06:25 PM] |
| Filing 128 Filed (ECF) - Susan Hartland Motion to dismiss the case. Date of service: 04/29/2013. [8609065] (Davis, Claire) [Entered: 04/29/2013 06:17 PM] |
| Filing 127 Filed (ECF) - Lani Blazier, Marnie Gaede, Robert Talbot, Robert Wintner and Benjamin Zuckerman Motion for miscellaneous relief [Directors' Motion to Dismiss Contempt Proceedings]. Date of service: 04/29/2013. [8609063] (O'Sullivan, Kathleen) [Entered: 04/29/2013 06:10 PM] |
| Filing 126 COURT DELETED INCORRECT/DUPLICATE ENTRY per request from csl. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 129 ]. Original Text: Filed (ECF) - Susan Hartland Motion to dismiss the case and Response to motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 04/29/2013. [8609058] (Davis, Claire) [Entered: 04/29/2013 06:01 PM] |
| Filing 125 COURT DELETED INCORRECT/DUPLICATE ENTRY per req from counsel. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 128 ]. Original Text: Filed (ECF) - Susan Hartland Motion to dismiss the case and Response to motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 04/29/2013. [8609048] (Davis, Claire) [Entered: 04/29/2013 05:45 PM] |
| Filing 124 Filed (ECF) Appellee Paul Watson response to motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 04/29/2013. [8609018] (Buhler, Michelle) [Entered: 04/29/2013 05:00 PM] |
| Filing 123 Filed (ECF) - Peter Rieman response to motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 04/29/2013. [8607788] (Bennard, Kristina) [Entered: 04/29/2013 10:37 AM] |
| Filing 122 Filed order (Appellate Commissioner): Non-party Peter Riemans Motion to Stay Discovery is denied. Riemans Motion to Dismiss Contempt Proceedings is denied without prejudice to renewal after the completion of Peter Riemans deposition. (Appellate Commissioner) [8605496] (DL) [Entered: 04/25/2013 03:36 PM] |
| Filing 121 Filed (ECF) - Peter Rieman reply to response (,motion to dismiss party from case). Date of service: 04/24/2013. [8602747] (Bennard, Kristina) [Entered: 04/24/2013 11:29 AM] |
| Filing 120 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa reply to response (). Date of service: 04/22/2013. [8598150] (Neupert, John) [Entered: 04/22/2013 11:28 AM] |
| Filing 119 Filed (ECF) - Peter Rieman reply to response (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 04/22/2013. [8597674] (Bennard, Kristina) [Entered: 04/22/2013 09:52 AM] |
| Filing 118 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa response to motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 04/19/2013. [8597103] (Neupert, John) [Entered: 04/19/2013 03:51 PM] |
| Filing 117 Filed order (Appellate Commissioner): Defendant-Appellee Paul Watsons Motion to Quash or Modify Subpoena to Wells Fargo Bank is granted in part. The subpoena is quashed to the extent that it requests information regarding Watsons accounts before May 1, 2012. Information regarding Watsons finances before the injunction may be useful to understand the degree to which Watson cut his ties to Sea Shepherd in the wake of the injunction. Defendant-Appellee Sea Shepherds Motion to Quash or Modify Subpoena to Wells Fargo Bank is granted in part. The subpoena is quashed to the extent that it requests information regarding Sea Shepherds accounts before July 1, 2011. Information concerning Sea Shepherds finances before the injunction is useful in understanding its contention that it withdrew from participation in Operation Zero Tolerance (OZT) after the injunction issued. Information concerning the financing of Operation Divine Wind, the campaign that preceded OZT, provides a baseline against which the financing of OZT, both before and after the injunction issued, may be evaluated. For similar reasons, information concerning the affiliates in the same time frame is important to evaluating the contention that the various Sea Shepherd entities are separate. Employee information is also important to gauging the extent to which Sea Shepherd has complied with the injunction. Donor information and other sensitive information that is produced under the subpoena can be protected under the provisions of the parties existing confidentiality agreement. It would be burdensome and time-consuming to redact these documents. Accordingly, Sea Shepherds requests for an opportunity to review and redact documents in advance of production are denied, as are its requests for in camera review of the documents, a hearing on these issues, and attorney fees. Pursuant to the courts February 21, 2013 referral order, the Appellate Commissioner may issue subpoenas and require the production before him of admissible evidence upon all matters relevant and material to the issues, including the production of all books, papers, vouchers, documents, and writings. With respect to Sea Shepherds concern that discovery orders in this proceeding are effectively unappealable, the parties are informed that they may seek reconsideration by the Appellate Commissioner. If the Appellate Commissioner is not inclined to grant reconsideration, he will inform the parties, who may then seek reconsideration by the panel that referred the contempt matter to the Commissioner. See 9th Cir. R. 27-10. (Appellate Commissioner) [8596002] (DL) [Entered: 04/19/2013 09:38 AM] |
| Filing 116 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa response to motion (,motion to dismiss party from case). Date of service: 04/17/2013. [8593879] (Neupert, John) [Entered: 04/17/2013 04:38 PM] |
| Filing 115 Filed order (Appellate Commissioner): After reviewing the proposed discovery and pre-hearing plans submitted with respect to Plaintiffs-Appellants pending contempt motion, the following schedule will apply: Written Discovery / Depositions 1. All written discovery, including interrogatories, requests for admission and requests for production of documents, shall be completed by July 12, 2013. 2. All depositions of lay witnesses shall be completed by July 12, 2013. If lay witnesses not subject to process in the United States are intended to be called at the hearing, those witnesses will be presented for deposition the week before the hearing. Expert Discovery (if any) 1. Plaintiffs-Appellants expert disclosures, reports, and production of the materials upon which they relied in forming their opinions shall be due on August 9, 2013. 2. Defendants-Appellees and Non-Parties expert disclosures, reports, and production of the materials upon which they relied in forming their opinions shall be due on August 16, 2013. 3. Expert depositions shall be completed by August 30, 2013. Pre-hearing Order 1. Plaintiffs-Appellants Pre-Hearing Statements shall be due September 13, 2013. 2. Defendants-Appellees and Non-Parties Pre- Hearing Statements shall be due September 27, 2013. 3. The Pre- Hearing Order shall be filed on October 11, 2013. Hearing 1. Hearing Briefs and motions in limine shall be filed on October 18, 2013. 2. The Hearing shall begin October 28, 2013. (Appellate Commissioner) [8591482] (SAM) [Entered: 04/16/2013 11:25 AM] |
| Filing 114 Filed (ECF) Appellee Sea Shepherd Conservation Society response opposing motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 04/15/2013. [8590817] (Moure, Charles) [Entered: 04/15/2013 05:52 PM] |
| Filing 113 Filed (ECF) Appellee Sea Shepherd Conservation Society reply to response (). Date of service: 04/15/2013. [8590805] (Moure, Charles) [Entered: 04/15/2013 05:34 PM] |
| Filing 112 Filed (ECF) Appellee Paul Watson reply to response (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 04/15/2013. [8590625] (Buhler, Michelle) [Entered: 04/15/2013 04:06 PM] |
| Filing 111 Filed (ECF) - Peter Rieman Motion for miscellaneous relief [Non-Party Peter Rieman's Motion to Stay Discovery Pending Resolution of Motion to Dismiss Contempt Proceedings Against Him]. Date of service: 04/15/2013. [8589417] (Bennard, Kristina) [Entered: 04/15/2013 10:05 AM] |
| Filing 110 Filed order (Appellate Commissioner): Non-parties Lani Blazier, Marnie Gaede, Robert Talbot, Robert Wintner, and Benjamin Zuckerman (collectively, the Directors) and non-party Susan Hartland shall file a response to Appellants Second Amended Motion for Contempt on or before April 29, 2013. Parties who have already filed a response to the Amended Motion for Contempt may file an optional supplemental response to the new allegations of the Second Amended Motion on or before April 29, 2013. Any supplemental response should not exceed five pages. The parties shall participate by telephone in a further status conference at 4:00 p.m. on April 30, 2013. (Appellate Commissioner) [8588685] (DL) [Entered: 04/12/2013 03:11 PM] |
| Filing 105 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Amended Motion for miscellaneous relief [Second Amended Motion for Contempt]. Date of service: 04/12/2013. [8588480] (Neupert, John) [Entered: 04/12/2013 02:00 PM] |
| Filing 104 Filed (ECF) Appellee Paul Watson motion for reconsideration of 04/01/2013 order. Date of service: 04/12/2013. [8588187]--[COURT UPDATE: Edited docket text to reflect correct ECF event and content of filing. Resent NDA. 04/15/2013 by RY] (Leyh, Timothy) [Entered: 04/12/2013 12:05 PM] |
| Filing 109 Case status conference before the Appellate Commissioner. [8588537] (DL) [Entered: 04/12/2013 02:17 PM] |
| Filing 103 Filed Not Party Susan Hartland's response to Amended Motion for Contempt, and Request to Set Date for Response to Amended Motion for Contempt. Served on 4/11/2013. [8587292] (DL) [Entered: 04/11/2013 04:18 PM] |
| Filing 102 Entered appearance of Claire Davis and Katie Matison for Susan Hartland. [8586424] (SYS) [Entered: 04/11/2013 12:18 PM] |
| Filing 101 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa response to motion (). Date of service: 04/10/2013. [8585567] (Neupert, John) [Entered: 04/10/2013 04:49 PM] |
| Filing 100 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Motion for miscellaneous relief [Motion to Adopt a Discovery and Prehearing Plan]. Date of service: 04/10/2013. [8585554] (Neupert, John) [Entered: 04/10/2013 04:43 PM] |
| Filing 99 Filed (ECF) Appellee Paul Watson response to motion (miscellaneous request). Date of service: 04/09/2013. [8583924]--[COURT UPDATE: Attached declaration per req from csl, resent notice. 04/10/2013 by ASW] (Leyh, Timothy) [Entered: 04/09/2013 06:05 PM] |
| Filing 98 Filed (ECF) - Lani Blazier, Marnie Gaede, Robert Talbot, Robert Wintner and Benjamin Zuckerman Motion for miscellaneous relief (request to set date for response to amended motion for contempt). Date of service: 04/09/2013. [8582791]--[COURT UPDATE: Edited docket text to reflect content of filing. 04/09/2013 by RY] (O'Sullivan, Kathleen) [Entered: 04/09/2013 11:16 AM] |
| Filing 97 Filed (ECF) - Peter Rieman Motion to dismiss party from case. Date of service: 04/09/2013. [8582676] (Bennard, Kristina) [Entered: 04/09/2013 10:46 AM] |
| Filing 96 Entered appearance David F. Taylor and Kathleen M. O'Sullivan for Marnie Gaede, Benjamin Zuckerman, Lani Blazier, Robert Wintner and Robert Talbot. [8582440] (ASW) [Entered: 04/09/2013 09:40 AM] |
| Filing 95 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa response to motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 04/08/2013. [8581282] (Neupert, John) [Entered: 04/08/2013 12:53 PM] |
| Filing 94 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa response to motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 04/08/2013. [8581270] (Neupert, John) [Entered: 04/08/2013 12:47 PM] |
| Filing 93 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Motion for miscellaneous relief [Motion to Determine Sufficiency of Defendant-Appellee Sea Shepherd Conservation Society's Answers to First Requests for Admission]. Date of service: 04/05/2013. [8578736] (Neupert, John) [Entered: 04/05/2013 11:24 AM] |
| Filing 92 Filed order (ALEX KOZINSKI, A. WALLACE TASHIMA and MILAN D. SMITH, JR.) Paul Watsons motion for leave to file his late supplemental petition for rehearing en banc is denied. See Fed. R. App. P. 35(c), 40(a)(1).[8571400] (SAM) [Entered: 04/01/2013 09:42 AM] |
| Filing 91 Filed (ECF) Appellee Sea Shepherd Conservation Society Motion for miscellaneous relief [Motion to Quash]. Date of service: 03/29/2013. [8571030] (Moure, Charles) [Entered: 03/29/2013 05:42 PM] |
| Filing 90 Filed (ECF) Appellee Paul Watson Motion for miscellaneous relief [MOTION FOR EXTENSION OF TIME PURSUANT TO FRAP 35(c) AND 40(a)(1) TO PERMIT THE FILING OF A SUPPLEMENTAL PETITION FOR REHEARING EN BANC]. Date of service: 03/29/2013. [8569684] (Leyh, Timothy) [Entered: 03/29/2013 11:08 AM] |
| Filing 89 Filed (ECF) Appellee Paul Watson Motion for miscellaneous relief [MOTION TO QUASH OR MODIFY SUBPOENA TO WELLS FARGO BANK]. Date of service: 03/28/2013. [8568780] (Buhler, Michelle) [Entered: 03/28/2013 04:04 PM] |
| Filing 88 Filed (ECF) Appellee Paul Watson Supplemental petition for rehearing en banc (from 02/25/2013 opinion). Date of service: 03/27/2013. [8567013]--[COURT UPDATE: Attached corrected petition. Edited docket text to reflect content of filing. Resent NDA. 03/29/2013 by RY] (Leyh, Timothy) [Entered: 03/27/2013 05:10 PM] |
| Filing 87 Filed order (Appellate Commissioner): On or before March 26, 2013, Appellants shall file a copy of Docket No. 54 that redacts Paul Watsons address. Upon receipt of the redacted version, the Clerk shall replace the document filed as Docket No. 54 with the redacted version, which will then be unsealed. (Appellate Commissioner) [8561909] (DL) [Entered: 03/22/2013 04:10 PM] |
| Filing 86 Filed (ECF) Appellee Paul Watson response opposing motion (,motion to unseal document). Date of service: 03/22/2013. [8561616] (Buhler, Michelle) [Entered: 03/22/2013 02:26 PM] |
| Filing 85 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa response to Petition for Rehearing En Banc (ECF Filing) ,Petition for Rehearing En Banc (ECF Filing) for rehearing by en banc only (all active, any interested senior judges). Date of service: 03/20/2013. [8558345]. (Neupert, John) [Entered: 03/20/2013 02:17 PM] |
| Filing 84 Filed order (Appellate Commissioner): Appellants Motion to Unseal Documents Regarding [Appellants] Contempt Motions is granted in part. The Clerk shall unseal all documents currently sealed with the exception of Docket No. 36, Appellants Exhibits in Support of Motion to File Document Under Seal, and Docket No. 54, Appellants Amended Motion for Contempt. Appellants shall file a redacted version of Docket No. 36 on or before March 22, 2013. Upon receipt of the redacted version, the Clerk shall replace the document filed as Docket No. 36 with the redacted version, which will then be unsealed. On or before March 22, 2012, Appellants shall serve copies of Docket Nos. 36 and 54 on all parties who have appeared in the case since the motion was filed on March 6, 2013, if Appellants have not already done so. On or before March 22, 2013, Appellee Paul Watson may file an opposition to the motion to unseal Docket No. 54. Appellee Watsons Motion to Allow Counsel to Access Sealed Documents is denied without prejudice to any future motion regarding receipt of documents filed with the court. Appellee Watsons response to the Amended Motion for Contempt is due on or before April 9, 2013. Non-party Peter Riemans response to the Amended Motion for Contempt is due on or before April 9, 2013. The response of any other non-party named in the Amended Motion for Contempt who was served with the motion on or before March 19, 2013, is also due on or before April 9, 2013. The parties shall participate by telephone in a further status conference at 4:00 p.m. on April 11, 2013. (Appellate Commissioner) [8558239] (DL) [Entered: 03/20/2013 01:44 PM] |
| Filing 83 Added attorney Aura Yosepha Gantz for Sea Shepherd Conservation Society and Paul Watson, in case 12-35266. [8557566] (RR) [Entered: 03/20/2013 09:51 AM] |
| Filing 108 Case status conference before the Appellate Commissioner. [8588535] (DL) [Entered: 04/12/2013 02:17 PM] |
| Filing 82 Filed (ECF) notice of appearance of Aura Y. Gantz for Appellee Sea Shepherd Conservation Society. Date of service: 03/19/2013. [8557258] (Gantz, Aura) [Entered: 03/19/2013 04:47 PM] |
| Filing 81 Filed (ECF) Appellee Paul Watson Motion for miscellaneous relief [Motion to Allow Counsel to Access Sealed Documents]. Date of service: 03/19/2013. [8556779] (Jordan, Charles) [Entered: 03/19/2013 02:07 PM] |
| Filing 80 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa reply to response (). Date of service: 03/19/2013. [8555933] (Neupert, John) [Entered: 03/19/2013 10:04 AM] |
| Filing 79 Filed (ECF) Appellee Sea Shepherd Conservation Society response to motion (miscellaneous request). Date of service: 03/18/2013. [8555489] (Moure, Charles) [Entered: 03/18/2013 07:20 PM] |
| Filing 78 Filed order (Appellate Commissioner): Non-party Peter Riemans stipulated Motion to Extend Time to Respond to Appellants Amended Motion for Contempt is granted. Riemans response is now due on or before March 22, 2013. (Appellate Commissioner) [8554284] (DL) [Entered: 03/18/2013 11:08 AM] |
| Filing 77 Filed order (Appellate Commissioner): Appellee Paul Watsons unopposed Motion to Extend Time to Respond to Appellants Amended Motion for Contempt is granted. Appellees response is now due on or before March 22, 2013. (Appellate Commissioner) [8553647] (DL) [Entered: 03/18/2013 08:14 AM] |
| Filing 76 Filed (ECF) - Peter Rieman Stipulated Motion to extend time to file a response until 03/22/2013. Date of service: 03/15/2013. [8553363] (Bennard, Kristina) [Entered: 03/15/2013 04:21 PM] |
| Filing 75 Entered appearance of Kristina Bennard for Peter Rieman. [8553296] (ASW) [Entered: 03/15/2013 04:08 PM] |
| Filing 74 COURT DELETED INCORRECT/DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 73 ]. Original Text: Filed (ECF) Appellee Paul Watson Unopposed Motion to extend time to file a response until 03/22/2013. Date of service: 03/15/2013. [8553032] (Jordan, Charles) [Entered: 03/15/2013 03:05 PM] |
| Filing 73 Filed (ECF) Appellee Paul Watson Unopposed Motion to extend time to file a response until 03/22/2013. Date of service: 03/15/2013. [8553019]--[COURT UPDATE: Attached searchable version of declaration. Resent NDA. 03/15/2013 by RY] (Jordan, Charles) [Entered: 03/15/2013 03:02 PM] |
| Filing 72 Added attorney Charles Jordan for Paul Watson, in case 12-35266. [8552427] (RR) [Entered: 03/15/2013 11:54 AM] |
| Filing 71 Added attorney Timothy G. Leyh for Paul Watson, in case 12-35266. [8552362] (RR) [Entered: 03/15/2013 11:33 AM] |
| Filing 70 Filed (ECF) notice of appearance of Charles Jordan for Appellee Paul Watson. Date of service: 03/15/2013. [8552315] (Jordan, Charles) [Entered: 03/15/2013 11:21 AM] |
| Filing 69 Added attorney Michelle Buhler for Paul Watson, in case 12-35266. [8552308] (RR) [Entered: 03/15/2013 11:19 AM] |
| Filing 68 Filed (ECF) notice of appearance of Timothy G. Leyh for Appellee Paul Watson. Date of service: 03/15/2013. [8552300] (Leyh, Timothy) [Entered: 03/15/2013 11:17 AM] |
| Filing 67 Filed (ECF) notice of appearance of Michelle Buhler for Appellee Paul Watson. Date of service: 03/15/2013. [8552268] (Buhler, Michelle) [Entered: 03/15/2013 11:11 AM] |
| Filing 66 Filed (ECF) notice of appearance of Kristina S. Bennard for Appellee Sea Shepherd Conservation Society. Date of service: 03/15/2013. [8552113] (Bennard, Kristina) [Entered: 03/15/2013 10:17 AM] |
| Filing 65 Filed (ECF) Appellees Sea Shepherd Conservation Society and Paul Watson response opposing motion (,motion to unseal document). Date of service: 03/14/2013. [8551615] (Moure, Charles) [Entered: 03/14/2013 04:23 PM] |
| Filing 64 Filed order (Appellate Commissioner): Appellants Motion to Shorten Time for Response to First Request for Admissions is denied. Appellants Motion to Shorten Time for Response to First Request for Production of Documents and Things is also denied. Appellants March 6, 2013 Motion for Permission to File Documents Under Seal is granted. Appellants Motion to Unseal Documents will be addressed by separate order. At the March 12, 2013 status conference, the parties agreed to meet and confer regarding the scope and conduct of upcoming depositions, including the depositions of the Japanese sea captains that are scheduled for the week of April 29, 2013. The parties shall participate by telephone in a further status conference at 4:00 p.m. on March 19, 2013. (Appellate Commissioner) [8549296] (DL) [Entered: 03/13/2013 01:21 PM] |
| Filing 107 Case status conference before the Appellate Commissioner. [8588534] (DL) [Entered: 04/12/2013 02:16 PM] |
| Filing 63 Filed order (ALEX KOZINSKI) The Institute of Cetacean Research, et al., are directed to file a response to the Petition for Rehearing En Banc, filed with this court on March 11, 2013. The response shall not exceed 15 pages or 4200 words and shall be filed within 21 days of the date of this order. Parties who are registered for ECF must file the response electronically without submission of paper copies. Parties who are not registered ECF filers must file the original response plus 50 paper copies. [8547883] (SAM) [Entered: 03/12/2013 03:35 PM] |
| Filing 62 Filed (ECF) Appellee Sea Shepherd Conservation Society petition for rehearing en banc (from 02/25/2013 opinion). Date of service: 03/11/2013. [8546250] (Moure, Charles) [Entered: 03/11/2013 06:49 PM] |
| Filing 61 COURT DELETED INCORRECT/DUPLICATE ENTRY (per req from counsel). Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 62 ]. Original Text: Filed (ECF) Appellee Sea Shepherd Conservation Society petition for rehearing en banc (from 02/25/2013 opinion). Date of service: 03/11/2013. [8546238] (Moure, Charles) [Entered: 03/11/2013 06:24 PM] |
| Filing 60 Filed (ECF) Appellees Sea Shepherd Conservation Society and Paul Watson response opposing motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 03/11/2013. [8546186] (Moure, Charles) [Entered: 03/11/2013 05:05 PM] |
| Filing 59 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa reply to response (). Date of service: 03/11/2013. [8545488] (Neupert, John) [Entered: 03/11/2013 02:29 PM] |
| Filing 58 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa bill of costs (Form 10) in the amount of $329.60 USD. Date of service: 03/11/2013 [8544462] (Neupert, John) [Entered: 03/11/2013 09:14 AM] |
| Filing 57 Filed (ECF) Appellee Sea Shepherd Conservation Society response opposing motion (miscellaneous request). Date of service: 03/08/2013. [8544011] (Moure, Charles) [Entered: 03/08/2013 04:36 PM] |
| Filing 56 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Motion to unseal document Motion to Unseal Documents Regarding Plaintiffs' Contempt Motions. Date of service: 03/07/2013. [8542063] (Neupert, John) [Entered: 03/07/2013 04:17 PM] |
| Filing 55 (Unsealed per 3/20/2013 Court Order) Filed Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa motion to Shorten Time for Response to First Request for Production of Documents. Served on 03/05/2013. [8541005]--[Edited 03/26/2013 by HH]--[Edited 03/26/2013 by HH] (TB) [Entered: 03/07/2013 11:47 AM] |
| Filing 54 Filed Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa's Redacted Amended Motion for Contempt. Served on 03/05/2013. [8540994]--[COURT UPDATE: To replace document with redacted verion per 3/22/2013 Court Order; resent NDA - 03/26/2013 by HH] (TB) [Entered: 03/07/2013 11:42 AM] |
| Filing 53 Filed Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa motion to file amended motion for contempt and motion to shorten time UNDER SEAL. Served on 03/05/2013. [8540982] (TB) [Entered: 03/07/2013 11:36 AM] |
| Filing 52 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Motion for miscellaneous relief [Motion to Shorten Time for Response to First Request for Admissions]. Date of service: 03/06/2013. [8540234] (Neupert, John) [Entered: 03/06/2013 05:32 PM] |
| Filing 51 Filed order (Appellate Commissioner): At the February 27, 2013 status conference, the parties agreed that Appellants will file an amended motion for contempt no later than March 6, 2013, which they will serve together with requests for admission. Appellees shall provide their responses to the requests for admission within 14 days after service unless the amended motion for contempt names additional parties, in which case the responses shall be due within 30 days after service. With respect to other discovery requests, including document requests, the party seeking the discovery may move to shorten the time for a response, and the other party shall have five working days within which to oppose the motion to shorten time. The parties shall meet and confer to arrange depositions of Australian entities and nationals, as well as the sea captains employed by Appellant, if such depositions are deemed necessary. Appellant shall file a motion to unseal the documents in this case that are currently maintained under seal. Appellees shall respond to that motion within five working days of service. The parties shall participate by telephone in a further status conference at 4:00 p.m. on March 12, 2013. (Appellate Commissioner) [8530185] (DL) [Entered: 02/28/2013 07:10 AM] |
| Filing 106 Case conference before the Appellate Commissioner. [8588532] (DL) [Entered: 04/12/2013 02:16 PM] |
| Filing 50 FILED OPINION (ALEX KOZINSKI, A. WALLACE TASHIMA and MILAN D. SMITH, JR.) REVERSED. Judge: AK Authoring, Judge: MDS Concurring & dissenting. The district courts orders denying Cetaceans preliminary injunction and dismissing its piracy claims are REVERSED. The preliminary injunction we issued on December 17, 2012, Inst. of Cetacean Research v. Sea Shepherd Conservation Socy, 702 F.3d 573 (9th Cir. 2012), will remain in effect until further order of this court. The district judges numerous, serious and obvious errors identified in our opinion raise doubts as to whether he will be perceived as impartial in presiding over this high-profile case. The appearance of justice would be served if the case were transferred to another district judge, drawn at random, and we so order in accordance with the standing orders of the Western District of Washington. The panel retains jurisdiction over any further appeals or writs involving this case. FILED AND ENTERED JUDGMENT. [8526026] (RMM) [Entered: 02/25/2013 06:28 PM] |
| Filing 49 Filed order (Appellate Commissioner): On February 27, 2013, at 2:30 p.m., the parties shall participate in a telephone status conference to discuss a framework for adjudicating Appellants motion for contempt of the injunction issued on December 17, 2012. The parties should be prepared to discuss the factual questions at issue and the scope of the discovery necessary to determine the factual issues. (Appellate Commissioner) [8525152] (DL) [Entered: 02/25/2013 01:53 PM] |
| Filing 48 Filed order (Appellate Commissioner): ..Appellants motion to file under seal documents in support of its contempt motion is granted. Appellee's motion to file under seal documents in support of its response to the contempt motion is granted. The Clerk shall maintain the documents in question under seal...The Clerk shall also file the compact discs containing the video submitted by Appellants in support of their reply to the response to the comtempt motion. (Appellate Commissioner) [8524244] (DL) [Entered: 02/25/2013 08:56 AM] |
| Filing 47 Filed (ECF) Appellee Sea Shepherd Conservation Society reply to response (miscellaneous request). Date of service: 02/21/2013. [8522528] (Moure, Charles) [Entered: 02/21/2013 06:56 PM] |
| Filing 46 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Correspondence: Letter request for scheduling conference. Date of service: 02/21/2013 [8522488] (Neupert, John) [Entered: 02/21/2013 05:10 PM] |
| Filing 44 Filed order (ALEX KOZINSKI, A. WALLACE TASHIMA and MILAN D. SMITH, JR.) The court has received the motion for contempt filed by the Institute of Cetacean Research, et al., (collectively, Cetacean) and both parties motions to file documents under seal. The court hereby refers these matters to Appellate Commissioner Peter L. Shaw to determine the issues of fact and law raised by the parties, including which party or parties shall bear the costs associated with this reference. In accordance with the pertinent provisions of the Federal Rules of Civil Procedure and the Federal Rules of Evidence, the Appellate Commissioner shall have the following authority, powers and duties:.....The Clerk shall send to all parties notice of the filing of the Appellate Commissioners report and recommendations. Either side may file written objections to the Appellate Commissioners report and recommendations, but the objections must be filed with the court and served upon the other side and the Appellate Commissioner within ten days after notice of the report. If only one side files objections to the Appellate Commissioners report, that side shall serve and file its brief in support of its objections within fifteen days after notice of the Appellate Commissioners report. If both sides file objections, Cetacean shall serve and file its brief in support of its objections within fifteen days after notice of the Appellate Commissioners report. The answering brief will be due five days thereafter, and any reply three days after that. Upon completion of briefing, the matter will be presented, along with any requests for oral argument, to this panel. The Clerk shall furnish the Appellate Commissioner with a copy of this order and the pleadings and the docket sheet in this case.(See order for full text) [8521033] (SAM) [Entered: 02/21/2013 09:20 AM] |
| Filing 45 Received Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa notice regarding Exhibit 1 to docket 41 Video Footage. [8521882] (RL) [Entered: 02/21/2013 02:20 PM] |
| Filing 43 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Motion for miscellaneous relief [Motion for Permission to File Video Recording in Support of Reply in Support of (1) Motion to Appoint a Special Master to Conduct Contempt Proceedings; and (2) Motion for Contempt]. Date of service: 02/20/2013. [8520836] (Neupert, John) [Entered: 02/20/2013 05:55 PM] |
| Filing 42 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Correspondence: Correspondence regarding violations of Injunction. Date of service: 02/20/2013 [8519659] (Neupert, John) [Entered: 02/20/2013 10:12 AM] |
| Filing 41 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa reply to response (). Date of service: 02/19/2013. [8519180] (Neupert, John) [Entered: 02/19/2013 05:11 PM] |
| Filing 40 (Unsealed per 3/20/2013 Court Order) Filed Appellees' response to appellants' motion to appoint special master to conduct contempt proceedings. Served on 02/15/2013. (CD containing document enclosed) [8519079]--[Edited 03/26/2013 by HH]--[Edited 03/26/2013 by HH] (RL) [Entered: 02/19/2013 04:20 PM] |
| Filing 39 (Unsealed per 3/20/2013 Court Order) Filed Appellees' motion for permission to file documents under seal regarding response to plaintiffs' motion to appoint special master. Served on 02/15/2013. (CD containing document enclosed) [8519058]--[Edited 03/26/2013 by HH] (RL) [Entered: 02/19/2013 04:13 PM] |
| Filing 38 Filed order (ALEX KOZINSKI, A. WALLACE TASHIMA and MILAN D. SMITH, JR.) Sea Shepherd Conservation Society and Paul Watson shall file any response to the motions by the Institute of Cetacean Research, et al., to file documents under seal and to appoint a special master to conduct contempt proceedings by Tuesday, February 19, 2013. [8514820] (SAM) [Entered: 02/14/2013 02:31 PM] |
| Filing 37 (Unsealed Per 3/20/2013 Court Order) Filed Appellants' (1) motion to appoint a special master to conduct contempt proceedings; and (2) motion for contempt; CD-Rom of exhibits included. Served on 02/08/2013. [8511264]--[Edited 03/26/2013 by HH] (RL) [Entered: 02/12/2013 03:29 PM] |
| Filing 36 Filed Redacted Declaration of John F. Neupert in support of appellants' motion to appoint a special master and motion for contempt. Served on 02/08/2013 [8511190]--[COURT UPDATE: To replace document with redacted version per 3/20/2013 Court Order; resent NDA - 03/26/2013 by HH] (RL) [Entered: 02/12/2013 03:14 PM] |
| Filing 35 Filed Appellants' motion for permission to file documents under seal regarding Plaintiffs' contempt motions. Served on 02/08/2013. [8511168] (RL) [Entered: 02/12/2013 03:10 PM] |
| Filing 34 Filed order (ALEX KOZINSKI, A. WALLACE TASHIMA and MILAN D. SMITH, JR.) Sea Shepherd Conservation Societys motion for reconsideration is denied. [8462806] (SAM) [Entered: 01/07/2013 09:13 AM] |
| Filing 33 Filed (ECF) Appellee Sea Shepherd Conservation Society Correspondence: Exhibits to Declaration of Charles Moure in support of motion for reconsideration. Date of service: 01/02/2013. [8458004]--[COURT UPDATE: Attached corrected exhibits. Edited docket text to reflect content of filing. Resent NDA. 01/03/2013 by RY] (Moure, Charles) [Entered: 01/02/2013 12:14 PM] |
| Filing 32 Filed (ECF) Appellee Sea Shepherd Conservation Society motion for reconsideration of Judge Order of 12/17/2012. Date of service: 12/31/2012. [8457224]--[COURT UPDATE: removed "dispositive" from text, changed filing type, resent notice. 01/02/2013 by ASW] (Moure, Charles) [Entered: 12/31/2012 05:18 PM] |
| Filing 31 Filed Order for Publication (ALEX KOZINSKI, A. WALLACE TASHIMA and MILAN D. SMITH, JR.) Defendants Sea Shepherd Conservation Society and Paul Watson, and any party acting in concert with them (collectively defendants), are enjoined from physically attacking any vessel engaged by Plaintiffs the Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Tomoyuki Ogawa or Toshiyuki Miura in the Southern Ocean or any person on any such vessel (collectively plaintiffs), or from navigating in a manner that is likely to endanger the safe navigation of any such vessel. In no event shall defendants approach plaintiffs any closer than 500 yards when defendants are navigating on the open sea. This injunction pending appeal is issued pursuant to Fed. R. App. P. 8 and Fed. R. Civ. P. 62(g), and shall remain in place until we issue an opinion on the merits of this appeal. [8443037] (PH) [Entered: 12/17/2012 04:57 PM] |
| Filing 30 Filed (ECF) Appellee Sea Shepherd Conservation Society response to motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 12/17/2012. [8442865] (Moure, Charles) [Entered: 12/17/2012 04:18 PM] |
| Filing 29 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Motion for miscellaneous relief [Motion to Expedite Disposition of Appeal]. Date of service: 12/06/2012. [8429203] (Neupert, John) [Entered: 12/06/2012 04:05 PM] |
| Filing 28 ARGUED AND SUBMITTED TO ALEX KOZINSKI, A. WALLACE TASHIMA and MILAN D. SMITH, JR. [8352263] (SB) [Entered: 10/09/2012 12:31 PM] |
| Filing 27 Filed (ECF) Acknowledgment of hearing notice. Location: Seattle. Filed by Attorney Mr. Daniel P. Harris for Appellees Sea Shepherd Conservation Society and Paul Watson. [8323206] (Harris, Daniel) [Entered: 09/13/2012 04:14 PM] |
| Filing 26 Filed (ECF) Acknowledgment of hearing notice. Location: Seattle. Filed by Attorney John Neupert for Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Tomoyuki Ogawa and Toshiyuki Miura. [8270245] (Neupert, John) [Entered: 07/31/2012 02:38 PM] |
| Filing 25 Notice of Oral Argument on OCTOBER 9th Calendar. Please return ACKNOWLEDGMENT OF HEARING NOTICE form to: SEATTLE Office. Please open attached documents to view details about your case. [8264176] (SB) [Entered: 07/26/2012 10:18 AM] |
| Filing 24 Received 7 paper copies of Reply brief [ # 21 ] filed by Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd. and Toshiyuki Miura. [8221541] (SD) [Entered: 06/20/2012 01:14 PM] |
| Filing 23 Filed Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa supplemental excerpts of record on appeal in 1 volume. [8218083] (GV) [Entered: 06/18/2012 02:43 PM] |
| Filing 22 Filed clerk order: The reply brief [ # 21 ] submitted by Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd. and Toshiyuki Miura is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8216683] (GV) [Entered: 06/15/2012 03:39 PM] |
| Filing 21 Submitted (ECF) Reply brief for review. Submitted by Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa. Date of service: 06/15/2012. [8216654] (Neupert, John) [Entered: 06/15/2012 03:33 PM] |
| Filing 20 Received 7 paper copies of Answering brief [ # 17 ] filed by Sea Shepherd Conservation Society and Paul Watson. [8206015] (SD) [Entered: 06/07/2012 01:47 PM] |
| Filing 19 Filed Appellees Sea Shepherd Conservation Society and Paul Watson supplemental excerpts of record on appeal in 1 volume. [8202231] (GV) [Entered: 06/05/2012 10:45 AM] |
| Filing 18 Filed clerk order: The answering brief [ # 17 ] submitted by Sea Shepherd Conservation Society and Paul Watson is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8200405] (GV) [Entered: 06/04/2012 10:16 AM] |
| Filing 17 Submitted (ECF) Answering brief for review. Submitted by Appellees Sea Shepherd Conservation Society and Paul Watson. Date of service: 06/01/2012. [8199948] (Harris, Daniel) [Entered: 06/01/2012 05:25 PM] |
| Filing 16 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa reply to response (, ,motion to take judicial notice). Date of service: 05/24/2012. [8190499] (Neupert, John) [Entered: 05/24/2012 01:10 PM] |
| Filing 15 Filed (ECF) Appellee Sea Shepherd Conservation Society response opposing motion (,motion to take judicial notice). Date of service: 05/15/2012. [8179150] (Harris, Daniel) [Entered: 05/15/2012 03:13 PM] |
| Filing 14 Received 7 paper copies of Opening brief [ # 10 ] filed by Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa. [8173753] (SD) [Entered: 05/10/2012 03:01 PM] |
| Filing 13 Filed Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa excerpts of record in 2 volumes. Served on 05/05/2012. [8169194] (GV) [Entered: 05/08/2012 12:32 PM] |
| Filing 12 Filed clerk order: The opening brief [ # 10 ] submitted by Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8167717] (GV) [Entered: 05/07/2012 03:09 PM] |
| Filing 11 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Motion to take judicial notice of Facts or Records. Date of service: 05/05/2012. [8166266] (Neupert, John) [Entered: 05/05/2012 02:51 PM] |
| Filing 10 Submitted (ECF) Opening brief for review. Submitted by Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa. Date of service: 05/05/2012. [8166265] (Neupert, John) [Entered: 05/05/2012 02:46 PM] |
| Filing 9 Filed order MEDIATION (CG): This case is not selected for inclusion in the mediation program. Counsel are requested to contact the mediator should circumstances develop that might warrant the initiation of settlement discussions. The briefing schedule previously established by the court remains in effect.. [8160492] (KM) [Entered: 05/01/2012 02:46 PM] |
| Filing 8 Filed order MEDIATION (LW): This case is under consideration for inclusion in the mediation program. Within seven days of the date of this order, counsel for all parties intending to file briefs in this matter are requested to inform Circuit Mediator Chris Goelz of their clients thoughts on whether the issues on appeal or the underlying dispute might be amenable to settlement presently or in the foreseeable future. See order for details. [8145517] (SB) [Entered: 04/19/2012 07:42 AM] |
| Filing 7 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Mediation Questionnaire. Date of service: 04/13/2012. [8139081] (Neupert, John) [Entered: 04/13/2012 10:20 AM] |
| Filing 6 Filed clerk order (Deputy Clerk: KS): Appellants motion to withdraw motion to expedite case is granted. The briefing schedule established previously shall remain in effect for this preliminary injunction appeal. [8136698] (SAM) [Entered: 04/11/2012 04:04 PM] |
| Filing 5 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Motion for miscellaneous relief [Motion to Withdraw Motion to Expedite Case]. Date of service: 04/11/2012. [8135402] (Neupert, John) [Entered: 04/11/2012 09:49 AM] |
| Filing 4 Filed (ECF) Appellants Institute of Cetacean Research and Kyodo Senpaku Kaisha, Ltd. corporate disclosure statement. Date of service: 04/10/2012. [8134373] (Neupert, John) [Entered: 04/10/2012 02:11 PM] |
| Filing 3 Filed (ECF) Appellants Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Toshiyuki Miura and Tomoyuki Ogawa Motion to expedite case. Date of service: 04/10/2012. [8134361] (Neupert, John) [Entered: 04/10/2012 02:08 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: KS): The appeal filed April 10, 2012 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than May 8, 2012; the answering brief is due June 5, 2012, or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 14 days after service of the answering brief. See 9th Cir. R. 3-3(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [8134302] (SAM) [Entered: 04/10/2012 01:54 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 04/17/2012.Referred to MOATT pursuant to 9th Cir. R. 3-3 [8133760] (KM) [Entered: 04/10/2012 10:46 AM] |
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