WildEarth Guardians v. Lane, et al
| JAMES LANE, Director of the New Mexico Department of Game and Fish, sued in his official capacity |
| COALITION OF ARIZONA/NEW MEXICO COUNTIES FOR STABLE ECONOMIC GROWTH, NEW MEXICO TRAPPERS ASSOCIATION, NEW MEXICO CATTLE GROWERS' ASSOCIATION, NEW MEXICO FARM AND LIVESTOCK BUREAU, UNITED SPORTSMEN FOR FISH AND WILDLIFE, INC., NEW MEXICO FEDERAL LANDS COUNCIL and NEW MEXICO COUNCIL OF OUTFITTERS & GUIDES, INC. |
| JIM MCCLINTIC, Chairman of the New Mexico State Game Commission, sed in his official capacity and SCOTT BIDEGAIN, Chairman of the New Mexico State Game Commission |
| STATE OF KANSAS, STATE OF UTAH, SAFARI CLUB INTERNATIONAL, STATE OF MISSISSIPPI, STATE OF TEXAS, STATE OF INDIANA, STATE OF OKLAHOMA, EX REL., ARIZONA GAME AND FISH COMMISSION, STATE OF GEORGIA, STATE OF IDAHO, STATE OF ALASKA, STATE OF MONTANA and STATE OF LOUISIANA |
| WILDEARTH GUARDIANS |
| 13-2001 |
| January 2, 2013 |
| U.S. Court of Appeals, Tenth Circuit |
| Other |
Docket Report
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[10306399] Order filed by Judges Holmes, Matheson and Bacharach granting Attorney motion to release oral argument recording. Served on 09/29/2015. [13-2001]
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| [10306220] Motion filed by Appellant WildEarth Guardians to release the oral argument recording. Served on: 09/29/2015. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [13-2001] MAH |
| [10157052] Mandate issued. [13-2001] |
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[10155445] Order filed by Judges Holmes, Matheson and Bacharach granting Appellee's "Motion for Clarification of Order and Judgment." Served on 03/07/2014. [13-2001]
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| [10155451] Amendment to order and judgment filed by Holmes, Matheson and Bacharach. [13-2001]--[Edited 03/07/2014 by KF. The Order is corrected to ..."filed nunc pro tunc..." |
| [10154889] Appellee's motion for clarification of order and judgment filed by Scott Bidegain. Served on 03/05/2014. Manner of Service: email. [13-2001] |
| [10150388] Dismissed and Remanded. Terminated on the merits after oral hearing. Written, unsigned, unpublished. Judges Holmes, Matheson and Bacharach. Per Curiam. Mandate to issue. [13-2001]--[Edited 03/07/2014 by KF. The amended Order and Judgment filed nunc pro tunc to the original filing date, 2/19/14, is attached] |
| [10143389] Case argued by Melissa Hailey for the Appellant; Ira Kasdan for the Appellee; and submitted to Judges Holmes, Matheson and Bacharach. [13-2001] |
| [10141555] Notice of appearance filed by Ms. Sarah Kate McMillan for WildEarth Guardians. CERT. OF INTERESTED PARTIES: n. Served on 01/16/2014. Manner of Service: email [13-2001] |
| [10141549] Notice of appearance submitted by Sarah K. McMillan for Appellant WildEarth Guardians for court review. Certificate of Interested Parties: Yes. Served on 01/16/2014. Manner of Service: email. [13-2001]--[Edited 01/16/2014 by KF. PDF removed. The pleading is filed on 1/16/14] SKM |
| [10140175] Motion for judicial notice filed by Appellee Scott Bidegain. Served on 01/13/2014. Manner of Service: email. --[Edited 01/13/2014 by SDS to attach exhibits to entry][13-2001] |
| [10136766] Notice of change of address filed by Ms. Melissa Anne Hailey for WildEarth Guardians. [13-2001] MAH |
| [10131444] Order filed by Clerk of the Court denying motion to submit case on the briefs filed by Appellee Scott Bidegain. Served on 12/09/2013. [13-2001] |
| [10131128] Motion filed by Appellee Scott Bidegain to submit the case on the briefs. Served on: 12/06/2013. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [13-2001] ITK |
| [10128928] Oral Argument Acknowledgment Form filed by Coalition of Arizona/New Mexico Counties for Stable Economic Growth, New Mexico Cattle Growers' Association, New Mexico Council of Outfitters & Guides, Inc., New Mexico Farm and Livestock Bureau, New Mexico Federal Lands Council, New Mexico Trappers Association and United Sportsmen for Fish and Wildlife, Inc.. Served on 11/27/2013. Manner of Service: email. [13-2001] KBM |
| [10129014] Oral Argument Acknowledgment Form filed by Scott Bidegain. Served on 11/27/2013. Manner of Service: email. [13-2001] ITK |
| [10128931] Oral Argument Acknowledgment Form filed by Coalition of Arizona/New Mexico Counties for Stable Economic Growth, New Mexico Cattle Growers' Association, New Mexico Council of Outfitters & Guides, Inc., New Mexico Farm and Livestock Bureau, New Mexico Federal Lands Council, New Mexico Trappers Association and United Sportsmen for Fish and Wildlife, Inc.. Served on 11/27/2013. Manner of Service: email. [13-2001] KB |
| [10129121] Oral Argument Acknowledgment Form filed by WildEarth Guardians. Served on 11/27/2013. Manner of Service: email. [13-2001] MAH |
| [10125799] Calendar notice sent to counsel. Arguments to be held on 01/23/2014 at 9:00 a.m. in Courtroom III, Byron White United States Courthouse, Denver, CO. Counsel is required to go to http://www.ca10.uscourts.gov under the argument calendar tab to obtain an important notice regarding calendared cases and required forms. The calendar acknowledgment form must be completed and filed with the clerk via Electronic Case Filing within 10 days of today's date. Counsel for Amici Curiae do not participate in oral argument without an order of the court granting permission to argue. [13-2001] |
| [10073965] Appellant/Petitioner's reply brief filed by WildEarth Guardians. 7 paper copies to be provided to the court. Served on 05/20/2013. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [13-2001] MAH |
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[10072684] Order filed by Judges Kelly and Gorsuch granting Appellant's motion to file oversized brief. The reply brief shall be no more than 9000 words in length. Served on 05/16/2013. [13-2001]
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| [10072153] Motion filed by Appellant WildEarth Guardians to file an oversize brief 9000 words long. Served on: 05/15/2013. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: No. [13-2001] MAH |
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[10071134] Order filed by Judges Kelly and Gorsuch granting Safari Club International's motion to become an amicus. The amicus curiae brief shall be filed as of the date received (4/24/13). Appellant's optional reply brief remains due on 5/20/13. Served on 05/13/2013. [13-2001]
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| [10070535] Order filed by Clerk of the Court granting Amicus Curiae motion to dismiss Association of Fish and Wildlife Agencies from the State of Arizona's Amicus Curiae brief. Please see order for additional information. Served on 05/09/2013. [13-2001] |
| [10070335] Motion filed by Amicus Curiae Arizona Game and Fish Commission, State of Arizona to dismiss Association of Fish and Wildlife Agencies as a party. Served on: 05/09/2013. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [13-2001] JO |
| [10069687] Deficiency notice issued. Type of deficiency: Association of Fish and Wildlife Agencies has not responded to this court's 04/25/2013 order. Response now due on 05/14/2013 for Arizona Game and Fish Commission. [13-2001] |
| [10069202] Response filed by WildEarth Guardians to Motion of Safari Club International for Leave to Participate as Amicus Curiae. Served on 05/06/2013. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [13-2001] JJT |
| [10065582] Minute order filed -. the portion of this court's 04/25/2013 order regarding the deficiency to the proposed amicus brief of Safari Club International is vacated. (Text Only - No Attachment) [13-2001] |
| [10065504] Order filed by Clerk of the Court - response to motion to become amicus due on 05/06/2013 for WildEarth Guardians. See order for additional information regarding the proposed amicus brief. Served on 04/25/2013. --[Edited 04/25/2013 by SDS to attach a revised order that corrects a typographical error] [13-2001] |
| [10065777] Order filed by Clerk of the Court (LSS) errata sheet or motion for leave to participate in this appeal as an amicus party due on 05/06/2013 for Association of Fish and Wildlife Agencies. See order for additional information. Served on 04/25/2013. [13-2001] |
| [10065403] Motion for leave to file an amicus brief filed by Safari Club International. Served on 04/24/2013. Manner of Service: email. The proposed brief is attached to the motion. [13-2001] |
| [10065384] Notice of appearance submitted by Anna Margo Seidman for Not Party Safari Club for court review. Certificate of Interested Parties: No. Served on 04/24/2013. Manner of Service: email. --[Edited 04/25/2013 by SDS to remove pdf from entry as the pleading has been filed] [13-2001] AS |
| [10065404] Notice of appearance filed by Mr. Douglas Scott Burdin and Ms. Anna Seidman for Safari Club International. CERT. OF INTERESTED PARTIES: n. Served on 04/25/2013. Manner of Service: email. [13-2001] |
| [10065483] Proposed Amicus Curiae brief submitted by Safari Club International. 7 paper copies to be provided to the court. Served on 04/24/2013. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [13-2001] |
| This entry has been removed from the docket. Motion filed by clerk. [SDS] [10065383] Motion submitted by Safari Club International for leave to file an amicus brief. Served on: 04/24/2013 Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [13-2001] AS |
| [10071139] Amicus Curiae brief filed by Safari Club International. (Filed per the court's 5/13/13 order). Manner of Service: email. [13-2001] |
| [10065751] Amicus Curiae brief filed by State of Arizona (Arizona Game and Fish Commission), State of Alaska, State of Georgia, State of Idaho, State of Indiana, State of Kansas, State of Louisiana, State of Mississippi, State of Montana, State of Oklahoma, State of Texas and State of Utah. 7 paper copies provided to the court. Served on 04/23/2013. Manner of Service: email. [13-2001] |
| This entry has been removed from the docket. Brief filed by clerk. [SDS] [10064878] Amicus Curiae brief submitted by State of Arizona. 7 paper copies to be provided to the court. Served on 04/23/2013. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [13-2001] JO |
| [10063413] Deficiency notice issued. Appellees' brief is now due on 04/29/2013 for New Mexico Trappers Association, New Mexico Council of Outfitters & Guides, Inc., New Mexico Farm and Livestock Bureau, Coalition of Arizona/New Mexico Counties for Stable Economic Growth, United Sportsmen for Fish and Wildlife, Inc., New Mexico Cattle Growers' Association, New Mexico Federal Lands Council and James Lane. [13-2001]--[Edited 04/18/2013 by KF] This deficiency notice was sent in error. The appellees' brief and the intervenor-appellees' brief were filed. The court is waiting on the hard copies of the briefs] |
| [10063679] Minute order filed - Appellant's optional reply brief now due 05/06/2013 for WildEarth Guardians. (Text Only - No Attachment) [13-2001] |
| [10063655] Motion filed by Appellant WildEarth Guardians to extend time to file a reply brief until 05/15/2013. Served on: 04/18/2013. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [13-2001] MAH |
| [10063745] Order filed by Clerk of the Court. Attorney motion to extend time to file appellant's reply brief is granted as contained herein. Appellant's reply brief now due 05/20/2013 by WildEarth Guardians. Served on 04/18/2013. No further extensions will be granted on the clerk's authority. [13-2001] |
| [10063136] Appellee/Respondent's brief filed by Mr. Jim McClintic, Scott Bidegain. 7 paper copies to be provided to the court. Served on: 04/17/2013. Manner of service: email. Oral argument requested? No. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [13-2001] ITK |
| [10063112] Motion filed by Appellee Mr. Jim McClintic, Scott Bidegain for attorney Sean Olivas and Gary Van Luchene to withdraw as counsel.. Served on: 04/17/2013. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [13-2001] ITK |
| [10063107] Motion filed by Appellee Mr. Jim McClintic to substitute with Scott Bidegain. Served on: 04/17/2013. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [13-2001] ITK |
| This entry has been removed from the docket. Brief has been filed by the clerk. [SDS] [10063183] Intervenor's brief submitted by New Mexico Trappers' Associaiton, et al. on behalf of Appellee/Respondent. 7 paper copies to be provided to the court. Served on 04/17/2013. Manner of Service: email. Oral argument requested? Yes. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [13-2001] KBM |
| [10063364] Order filed by Clerk of the Court granting Attorney Sean Olivas and Gary Van Luchene's motion to withdraw as attorney. Attorneys Ira T. Kasdan, Laurence J. Lasoff and Elizabeth C. Johnson shall continue to represent the appellee, Scott Bidegain, in this appeal. Served on 04/17/2013. [13-2001] |
| [10063320] Minute order filed -. Pursuant to the Notice of Substitution of defendant-appellee filed today, the court has removed Jim McClintic as appellee, and replaced him with Scott Bidegain. (Text Only - No Attachment) [13-2001] |
| [10063954] Appellee brief filed by Coalition of Arizona/New Mexico Counties for Stable Economic Growth, New Mexico Cattle Growers' Association, New Mexico Council of Outfitters & Guides, Inc., New Mexico Farm and Livestock Bureau, New Mexico Federal Lands Council, New Mexico Trappers Association and United Sportsmen for Fish and Wildlife, Inc. 7 paper copies provided to the court. Served on: 04/17/2013. Manner of service: email. Oral argument requested? y. [13-2001] |
| [10045676] Order filed by Clerk of the Court granting, as contained in the order, motions to extend time to file appellees' briefs. Appellee/Respondent brief now due 04/17/2013 for New Mexico Trappers Association, New Mexico Council of Outfitters & Guides, Inc., New Mexico Farm and Livestock Bureau, Coalition of Arizona/New Mexico Counties for Stable Economic Growth, United Sportsmen for Fish and Wildlife, Inc., New Mexico Cattle Growers' Association, New Mexico Federal Lands Council and Jim McClintic. No further extensions on the clerk's authority. Served on 02/15/2013. [13-2001] |
| [10044815] Motion filed by Appellee Mr. Jim McClintic to extend time to file appellee/respondent's brief until 04/15/2013. Served on: 02/13/2013. Manner of service: email. [13-2001] GJV |
| [10045007] Motion filed by Appellees Coalition of Arizona/New Mexico Counties for Stable Economic Growth, New Mexico Cattle Growers' Association, New Mexico Council of Outfitters & Guides, Inc., New Mexico Farm and Livestock Bureau, New Mexico Federal Lands Council, New Mexico Trappers Association and United Sportsmen for Fish and Wildlife, Inc. to extend time to file appellee/respondent's brief until 04/15/2013. Served on: 02/13/2013. Manner of service: ECF/NDA.--[Edited 02/13/2013 by AD to correct event code and docket text to accurately reflect relief requested] [13-2001] KBM |
| [10045523] Appendix filed by Appellant WildEarth Guardians. Original and 1 copy. Appendix pages: 874. Number of volumes: 4. Hardcopy only. Served on 02/14/2013. Manner of Service: US mail. [13-2001] |
| [10044688] Appellant/Petitioner's brief filed by WildEarth Guardians. 7 paper copies to be provided to the court. Served on 02/12/2013 by email. Oral argument requested? Yes. [13-2001] MAH |
| [10035672] Admissions letter sent. Response date set to 02/14/2013 for Ira T. Kasdan. [13-2001] |
| [10035673] Admissions letter sent. Response date set to 02/14/2013 for Elizabeth Johnson. [13-2001] |
| [10035729] Admissions letter sent. Response date set to 02/14/2013 for Laurence J. Lasoff. [13-2001] |
| [10035523] Notice of appearance submitted by James F. Odenkirk for Arizona Game and Fish Commission for court review. Certificate of Interested Parties: Yes. Served on 01/14/2013. Manner of Service: ECF/NDA. [13-2001]--[Edited 01/14/2013 by AD. PDF removed, pleading redocketed 1-14-13] JO |
| [10035531] Notice of appearance submitted by Sean Olivas, Gary J. Van Luchene, Ira T. Kasdan, Laurence J. Lasoff, Elizabeth Johnson for Appellees Mr. James Lane and Mr. Jim McClintic for court review. Certificate of Interested Parties: Yes. Served on 01/14/2013. Manner of Service: ECF/NDA, email. [13-2001]--[Edited 01/14/2013 by LG to remove PDF from entry, as pleading was filed on 1/14/2013] SO |
| [10035572] Notice of appearance filed by Mr. James Odenkirk for Arizona Game and Fish Commission. CERT. OF INTERESTED PARTIES: n (parties listed already in case). Served on 01/14/2013. Manner of Service: ECF/NDA [13-2001] |
| [10035551] Notice of appearance filed by Laurence J. Lasoff, Ms. Elizabeth Johnson, Mr. Ira T. Kasdan, Sean Olivas and Gary John Van Luchene for Mr. James Lane and Mr. Jim McClintic. CERT. OF INTERESTED PARTIES: y. Interested parties already listed in case. Served on 01/14/2013. Manner of Service: ECF/NDA [13-2001]--[Edited 01/15/2013 by LG to add attorney] |
| [10032511] Notice of appearance filed by Mr. James Jay Tutchton for WildEarth Guardians. CERT. OF INTERESTED PARTIES: y. Served on 01/03/2013. Manner of Service: ECF/NDA. [13-2001] |
| [10032551] Notice of appearance submitted by Karen Budd-Falen Kathryn Brack Morrow for Appellees Coalition of Arizona/New Mexico Counties for Stable Economic Growth, New Mexico Cattle Growers' Association, New Mexico Council of Outfitters & Guides, Inc., New Mexico Farm and Livestock Bureau, New Mexico Federal Lands Council, New Mexico Trappers Association and United Sportsmen for Fish and Wildlife, Inc.Intervenors for court review. Certificate of Interested Parties: Yes. Served on 01/02/2013. Manner of Service: ECF/NDA. [13-2001]--[Edited 01/03/2013 by KLP to delete the attachment; entry filed.] KB |
| [10032430] Minute order filed - Notice due that record is complete by 01/28/2013 for Matthew (NMalb) Dykman, District/Bankruptcy Clerk. (Text Only - No Attachment) [13-2001] |
| [10032817] Filed notice record is complete. Served on 01/03/2013. Appellant's brief and appendix due on 02/12/2013 for WildEarth Guardians. [13-2001] |
| [10032589] Notice of appearance filed by Ms. Karen Budd-Falen and Ms. Kathryn Brack Morrow for New Mexico Farm and Livestock Bureau, Coalition of Arizona/New Mexico Counties for Stable Economic Growth, New Mexico Federal Lands Council, New Mexico Cattle Growers' Association, New Mexico Trappers Association, New Mexico Council of Outfitters & Guides, Inc. and United Sportsmen for Fish and Wildlife, Inc.. CERT. OF INTERESTED PARTIES: y. Served on 01/03/2013. Manner of Service: ECF/NDA [13-2001] |
| [10032251] Docketing statement filed by WildEarth Guardians. Served on 01/02/2013. Manner of Service: ECF/NDA. [13-2001] MAH |
| [10032247] Notice received from WildEarth Guardians that a transcript is not necessary for this appeal. Served on: 01/02/2013. Manner of Service: ECF/NDA [13-2001] MAH |
| [10032293] Notice of appearance submitted by Melissa Anne Hailey for Appellant WildEarth Guardians for court review. Certificate of Interested Parties: Yes. Served on 01/02/2013. Manner of Service: ECF/NDA. [13-2001] [edited to remove PDF as pleading has been filed as of 1/2/13 -- Edited 01/02/2013 by NA] MAH |
| [10032318] Notice of appearance filed by Ms. Melissa Anne Hailey for WildEarth Guardians. CERT. OF INTERESTED PARTIES: y. Served on 01/02/2013. Manner of Service: ECF/NDA [13-2001] |
| [10032075] Civil case docketed. Preliminary record filed. DATE RECEIVED: 12/31/2012 Docketing statement due 01/16/2013 for WildEarth Guardians. Transcript order form due 01/16/2013 for Melissa Anne Hailey. Notice of appearance due on 01/16/2013 for Coalition of Arizona/New Mexico Counties for Stable Economic Growth, James Lane, Jim McClintic, New Mexico Cattle Growers' Association, New Mexico Council of Outfitters & Guides, Inc., New Mexico Farm & LIvestock Bureau, New Mexico Federal Lands Council, New Mexico Trappers Association, United Sportsmen for Fish and Wildlife, Inc. and WildEarth Guardians. [13-2001] |
| [10032342] Notice of appearance submitted by James Jay Tutchton for Appellant WildEarth GuardiansWildEarth Guardians for court review. Certificate of Interested Parties: Yes. Served on 01/02/2013. Manner of Service: ECF/NDA. [13-2001] --[Edited 01/03/2013 by SLS to remove PDF file from docket entry.] JJT |
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