District 4 Lodge of the International Association, et al v. Center for Biological Diversity, et al
| GINA M. RAIMONDO, in her official capacity as Secretary, United States Department of Commerce, JANET COIT, in her official capacity as Assistant Administrator, NOAA Fisheries and NATIONAL MARINE FISHERIES SERVICE |
| DISTRICT 4 LODGE OF THE INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS LOCAL LODGE 207, f/k/a IAMAW Maine Lobstering Union Local 207, DAMON FAMILY LOBSTER COMPANY, INC., FOX ISLAND LOBSTER COMPANY, LLC and FRANK THOMPSON |
| CENTER FOR BIOLOGICAL DIVERSITY, MAINE LOBSTERMEN'S ASSOCIATION and LEGISLATIVE COUNCIL OF MAINE |
| CONSERVATION LAW FOUNDATION, INC. and DEFENDERS OF WILDLIFE |
| 21-1874 |
| November 2, 2021 |
| U.S. Court of Appeals, First Circuit |
| Other |
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| Document Text |
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| NOTICE issued. The following attorneys have failed to register for an appellate ECF account and will no longer receive notice of court issued documents in this case: Alison C. Finnegan for National Marine Fisheries Service, Gina M. Raimondo and Janet Coit, John Brett Grosko for National Marine Fisheries Service, Gina M. Raimondo and Janet Coit and Taylor A. Mayhall for National Marine Fisheries Service, Gina M. Raimondo and Janet Coit. [21-1874] (ALW) [Entered: 12/20/2021 12:32 AM] |
ORDER entered by William J. Kayatta, Jr., Appellate Judge. Appellants' opening briefs shall be filed on January 18, 2022; appellees' response briefs shall be filed on February 16, 2022; any reply shall be filed by February 25, 2022. We contemplate scheduling argument in this matter for the April or May sitting. Extensions should not be expected. [21-1873, 21-1874] (GAK) [Entered: 12/20/2021 02:17 PM]
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| EXPEDITED briefing schedule set. Brief and appendix due 01/18/2022 for appellants Janet Coit, National Marine Fisheries Service, Gina M. Raimondo, Center for Biological Diversity, Conservation Law Foundation, Inc. and Defenders of Wildlife. Brief due 02/16/2022 for appellees Damon Family Lobster Company, Inc., District 4 Lodge of the International Association of Machinists and Aerospace Workers Local Lodge 207, Fox Island Lobster Company, LLC and Frank Thompson. Reply brief due 02/25/2022 for appellants Janet Coit, National Marine Fisheries Service, Gina M. Raimondo, Center for Biological Diversity, Conservation Law Foundation, Inc. and Defenders of Wildlife. Please see the court's general order issued April 20, 2020, requiring the electronic filing of appendices. [21-1873, 21-1874] (GAK) [Entered: 12/20/2021 02:25 PM] |
| NOTICE issued. After 12/06/2021, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Alison C. Finnegan for National Marine Fisheries Service, Gina M. Raimondo and Janet Coit, John Brett Grosko for National Marine Fisheries Service, Gina M. Raimondo and Janet Coit and Taylor A. Mayhall for National Marine Fisheries Service, Gina M. Raimondo and Janet Coit. [21-1874] (ALW) [Entered: 11/22/2021 10:08 AM] |
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ORDER entered by William J. Kayatta, Jr., Appellate Judge; David J. Barron, Appellate Judge and Gustavo A. Gelpi, Jr., Appellate Judge. In accordance with the opinion of even date, Gina M. Raimondo, Janet Coit, and the National Marine Fisheries Service's motion for a stay pending appeal is granted, and the parallel motion of the Center for Biological Diversity, Conservation Law Foundation, Inc. and Defenders of Wildlife is denied as moot. While retaining jurisdiction over the appeal of the preliminary injunction on the merits, the matter is remanded to the district court to resolve, if necessary, any disputes concerning the prompt removal of the banned gear from the LMA-1 restricted area. [21-1873, 21-1874] (GAK) [Entered: 11/16/2021 06:15 PM]
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| OPINION issued by William J. Kayatta, Jr., Appellate Judge; David J. Barron, Appellate Judge and Gustavo A. Gelpi, Jr., Appellate Judge. Published. [21-1873, 21-1874] (GAK) [Entered: 11/16/2021 06:07 PM] |
| URLs Cited in Court Opinion dated 11/16/2021 [ # 6459902-2 ]. [21-1873, 21-1874] (ALW) [Entered: 11/17/2021 11:48 PM] |
| DISCLOSURE statement filed by Amicus Curiae Maine Lobstermen's Association in 21-1873. Certificate of service dated 11/10/2021. [21-1873, 21-1874] (ALW) [Entered: 11/12/2021 02:34 PM] |
| REPLY filed by Appellants Center for Biological Diversity, Conservation Law Foundation, Inc. and Defenders of Wildlife in 21-1874 to response [ # 6458434-2 ]. Certificate of service dated 11/12/2021. [21-1874, 21-1873] (JD) [Entered: 11/12/2021 12:48 PM] |
| REPLY filed by Appellants Gina M. Raimondo, National Marine Fisheries Service and Janet Coit to response [ # 6458433-2 ]. Certificate of service dated 11/12/2021. [21-1873, 21-1874] (ALW) [Entered: 11/12/2021 03:56 PM] |
| NINE (9) paper copies of amicus brief [ # 6458663-2 ] submitted by Amicus Curiae Maine Lobstermen's Association in 21-1873. [21-1873, 21-1874] (ATC) [Entered: 11/12/2021 04:25 PM] |
| COURTESY COPY of response filed by Appellees Damon Family Lobster Company, Inc., District 4 Lodge of the International Association of Machinists and Aerospace Workers Local Lodge 207, Fox Island Lobster Company, LLC and Frank Thompson to motion to stay [ # 6458433-2 ] with 3 copies enclosed. Certificate of service dated 11/10/2021. [21-1873, 21-1874] (ALW) [Entered: 11/12/2021 05:08 PM] |
| NOTICE of appearance on behalf of Not Party Maine Lobstermen's Association filed by Attorney Kip J. Adams, Esq. Certificate of service dated 11/11/2021. [21-1874] CLERK'S NOTE: Document should not have been filed in additional case, 21-1873. Correction made by clerk's office. No further action required. (KJA) [Entered: 11/11/2021 08:22 AM] |
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ORDER entered: Movant Maine Lobstermen's Association, Inc.'s unopposed motion for leave to file an amicus curiae brief in response to the emergency motions to stay is granted. The Proposed Brief Amicus Curiae of The Maine Lobstermens Association in Opposition to Emergency Motions for Stay Pending Appeal is hereby accepted as filed. [21-1873, 21-1874] (ALW) [Entered: 11/10/2021 05:17 PM]
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ORDER entered: Upon consideration of defendants-appellants' joint motion, Appeal Nos. 21-1873 and 21-1874 are consolidated for purposes of briefing and oral argument. See Fed. R. App. P. 3(b)(2). The parties are directed to use the above caption on all future filings related to these cases. [21-1873, 21-1874] (ALW) [Entered: 11/10/2021 04:34 PM]
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| AMICUS CURIAE BRIEF filed by Amicus Curiae Maine Lobstermen's Association in opposition to emergency motions for stay pending appeal. Certificate of service dated 11/10/2021. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 11/17/2021 . [21-1873, 21-1874] (ALW) [Entered: 11/10/2021 05:22 PM] |
| MOTION for leave to file amicus curiae brief filed by Movant(s) Maine Lobstermen's Association, Inc.. Certificate of service dated 11/10/2021. [21-1874] (RPS) [Entered: 11/10/2021 03:46 PM] |
| DISCLOSURE statement filed by Appellees Damon Family Lobster Company, Inc., District 4 Lodge of the International Association of Machinists and Aerospace Workers Local Lodge 207 and Fox Island Lobster Company, LLC. Certificate of service dated 11/10/2021. [21-1874] (ALW) [Entered: 11/10/2021 10:47 AM] |
| RESPONSE filed by Appellees Damon Family Lobster Company, Inc., District 4 Lodge of the International Association of Machinists and Aerospace Workers Local Lodge 207, Fox Island Lobster Company, LLC and Frank Thompson to motion to stay [ # 6458059-2 ]. Certificate of service dated 11/10/2021. [21-1874] (ACF) [Entered: 11/10/2021 09:41 AM] |
| NOTICE of appearance on behalf of Not Party Maine Lobstermen's Association in 21-1874, 21-1873 filed by Attorney Jane C. Luxton. Certificate of service dated 11/10/2021. [21-1874, 21-1873] CLERK'S NOTE: Additional attachments must be filed separately. Filer has separately refiled the document. No further action required. (JCL) [Entered: 11/10/2021 01:58 PM] |
| JOINT MOTION to consolidate cases filed by Appellants Janet Coit, National Marine Fisheries Service, Gina M. Raimondo in 21-1873 and Appellants Center for Biological Diversity, Conservation Law Foundation, Inc. and Defenders of Wildlife in 21-1874. Certificate of service dated 11/10/2021. [21-1873, 21-1874] CLERK'S NOTE: Document should have been filed in additional case, 21-1873. Correction made by clerk's office. No further action required. (EF) [Entered: 11/10/2021 02:27 PM] |
| NOTICE of appearance on behalf of Not Party Maine Lobstermen's Association filed by Attorney Ryan P. Steen. Certificate of service dated 11/10/2021. [21-1874] (RPS) [Entered: 11/10/2021 03:44 PM] |
| NOTICE of appearance on behalf of Appellees Damon Family Lobster Company, Inc., District 4 Lodge of the International Association of Machinists and Aerospace Workers Local Lodge 207, Fox Island Lobster Company, LLC and Frank Thompson filed by Attorney Alfred C Frawley IV. Certificate of service dated 11/09/2021. [21-1874] (ACF) [Entered: 11/09/2021 03:23 PM] |
| DISCLOSURE statement filed by Appellants Center for Biological Diversity, Conservation Law Foundation, Inc. and Defenders of Wildlife. Certificate of service dated 11/08/2021. [21-1874] (ALW) [Entered: 11/09/2021 09:18 AM] |
| EMERGENCY MOTION to stay preliminary injunction filed by Appellants Center for Biological Diversity, Conservation Law Foundation, Inc. and Defenders of Wildlife. Certificate of service dated 11/08/2021. [21-1874] (EF) [Entered: 11/08/2021 07:49 PM] |
| NOTICE of appearance on behalf of Not Parties Janet Coit, National Marine Fisheries Service and Gina M. Raimondo filed by Attorney Erika B. Kranz. Certificate of service dated 11/08/2021. [21-1874] (EK) [Entered: 11/08/2021 10:57 AM] |
| NOTICE of appearance on behalf of Appellants Center for Biological Diversity, Conservation Law Foundation, Inc. and Defenders of Wildlife in 21-1874 filed by Attorney Erica A. Fuller. Certificate of service dated 11/05/2021. [21-1874] CLERK'S NOTE: Document should not have been filed in additional case (21-1873). Correction made by clerk's office. No further action required. (EF) [Entered: 11/05/2021 04:28 PM] |
| NOTICE of appearance on behalf of Appellants Center for Biological Diversity, Conservation Law Foundation, Inc. and Defenders of Wildlife in 21-1874 filed by Attorney Jane P. Davenport. Certificate of service dated 11/05/2021. [21-1874] CLERK'S NOTE: Document should not have been filed in additional case (21-1873). Correction made by clerk's office. No further action required. (JD) [Entered: 11/05/2021 04:22 PM] |
| DOCKETING statement filed by Appellants Center for Biological Diversity, Conservation Law Foundation, Inc. and Defenders of Wildlife. Certificate of service dated 11/05/2021. [21-1874] (EF) [Entered: 11/05/2021 04:31 PM] |
| NOTICE of appearance on behalf of Appellants Conservation Law Foundation, Inc., Center for Biological Diversity and Defenders of Wildlife in 21-1874 filed by Attorney Emily Green. Certificate of service dated 11/05/2021. [21-1874] CLERK'S NOTE: Document should not have been filed in additional case (21-1873). Correction made by clerk's office. No further action required. (EG) [Entered: 11/05/2021 06:29 PM] |
| NOTICE of appearance on behalf of Appellants Center for Biological Diversity, Conservation Law Foundation, Inc. and Defenders of Wildlife in 21-1874 filed by Attorney Kristen Monsell. Certificate of service dated 11/05/2021. [21-1874] CLERK'S NOTE: Document should not have been filed in additional case (21-1873). Correction made by clerk's office. No further action required. (KM) [Entered: 11/05/2021 05:43 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #45 ) filed by Appellants Center for Biological Diversity, Conservation Law Foundation, Inc., and Defenders of Wildlife. Docketing Statement, Transcript Report/Order form, and Appearance form due 11/17/2021. [21-1874] (ALW) [Entered: 11/03/2021 04:20 AM] |
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| Search for this case: District 4 Lodge of the International Association, et al v. Center for Biological Diversity, et al | |
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| Plaintiff / appellee: DISTRICT 4 LODGE OF THE INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS LOCAL LODGE 207, f/k/a IAMAW Maine Lobstering Union Local 207 | |
| Represented By: | Alfred Cecil Frawley IV |
| Represented By: | Jay P. McCloskey |
| Represented By: | Thimi R. Mina |
| Represented By: | Paula D. Silsby |
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| Plaintiff / appellee: DAMON FAMILY LOBSTER COMPANY, INC. | |
| Represented By: | Alfred Cecil Frawley IV |
| Represented By: | Jay P. McCloskey |
| Represented By: | Thimi R. Mina |
| Represented By: | Paula D. Silsby |
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| Plaintiff / appellee: FOX ISLAND LOBSTER COMPANY, LLC | |
| Represented By: | Alfred Cecil Frawley IV |
| Represented By: | Jay P. McCloskey |
| Represented By: | Thimi R. Mina |
| Represented By: | Paula D. Silsby |
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| Plaintiff / appellee: FRANK THOMPSON | |
| Represented By: | Alfred Cecil Frawley IV |
| Represented By: | Jay P. McCloskey |
| Represented By: | Thimi R. Mina |
| Represented By: | Paula D. Silsby |
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| Interested party: CENTER FOR BIOLOGICAL DIVERSITY | |
| Represented By: | Jane Davenport |
| Represented By: | Erica Fuller |
| Represented By: | Emily Green |
| Represented By: | Kristen Monsell |
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| Interested party: MAINE LOBSTERMEN'S ASSOCIATION | |
| Represented By: | Kip Joseph Adams |
| Represented By: | Jane Charlotte Luxton |
| Represented By: | Mary Anne Mason |
| Represented By: | Ryan P. Steen |
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| Interested party: LEGISLATIVE COUNCIL OF MAINE | |
| Represented By: | George T. Dilworth |
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| Defendant / appellant: CONSERVATION LAW FOUNDATION, INC. | |
| Represented By: | Jane Davenport |
| Represented By: | Erica Fuller |
| Represented By: | Emily Green |
| Represented By: | Kristen Monsell |
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| Defendant / appellant: DEFENDERS OF WILDLIFE | |
| Represented By: | Jane Davenport |
| Represented By: | Erica Fuller |
| Represented By: | Emily Green |
| Represented By: | Kristen Monsell |
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| Defendant: GINA M. RAIMONDO, in her official capacity as Secretary, United States Department of Commerce | |
| Represented By: | Alison C. Finnegan |
| Represented By: | John Brett Grosko |
| Represented By: | Taylor A. Mayhall |
| Represented By: | John G. Osborn |
| Represented By: | Erika Kranz |
| Represented By: | Julia M. Lipez |
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| Defendant: JANET COIT, in her official capacity as Assistant Administrator, NOAA Fisheries | |
| Represented By: | Alison C. Finnegan |
| Represented By: | John Brett Grosko |
| Represented By: | Taylor A. Mayhall |
| Represented By: | John G. Osborn |
| Represented By: | Erika Kranz |
| Represented By: | Julia M. Lipez |
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| Defendant: NATIONAL MARINE FISHERIES SERVICE | |
| Represented By: | Alison C. Finnegan |
| Represented By: | John Brett Grosko |
| Represented By: | Taylor A. Mayhall |
| Represented By: | John G. Osborn |
| Represented By: | Erika Kranz |
| Represented By: | Julia M. Lipez |
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