Center for Food Safety, et al v. Thomas Vilsack, et al
CENTER FOR FOOD SAFETY, SIERRA CLUB, ORGANIC SEED ALLIANCE and HIGH MOWING ORGANIC SEEDS |
MONSANTO COMPANY, AMERICAN CRYSTAL SUGAR COMPANY, BETASEED, INC. and SYNGENTA SEEDS, INC. |
THOMAS J. VILSACK |
11-16468 |
June 10, 2011 |
U.S. Court of Appeals, Ninth Circuit |
Other Statutory Actions |
Docket Report
This docket was last retrieved on January 8, 2013. A more recent docket listing may be available from PACER.
Document Text |
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Filing 99 MANDATE ISSUED.(MMS, SRT and MMM) [8465937] [11-16468, 11-16564] (CW) [Entered: 01/08/2013 02:10 PM] |
Filing 98 FILED MEMORANDUM DISPOSITION (MARY M. SCHROEDER, SIDNEY R. THOMAS and M. MARGARET MCKEOWN) AFFIRMED. FILED AND ENTERED JUDGMENT. [8402685] [11-16468, 11-16564] (DD) [Entered: 11/15/2012 09:51 AM] |
Filing 97 Terminated Alison Suthers for Syngenta Seeds, Inc. in 11-16468 and Syngenta Seeds, Inc. in 11-16564 [8399286] [11-16468, 11-16564] (SAM) [Entered: 11/13/2012 02:29 PM] |
Filing 96 Filed order (MARY M. SCHROEDER, SIDNEY R. THOMAS and M. MARGARET MCKEOWN) The plaintiffs motion to supplement the record on appeal is DENIED. The federal defendants motion to strike portions of the plaintiffs opening brief is DENIED. The motion of Syngenta Seeds, Inc. for Alison Suthers to withdraw as counsel in this matter is GRANTED. [8399277] [11-16468, 11-16564] (SAM) [Entered: 11/13/2012 02:27 PM] |
Filing 95 ARGUED AND SUBMITTED TO MARY M. SCHROEDER, SIDNEY R. THOMAS and M. MARGARET MCKEOWN. [8376202] [11-16468, 11-16564] (RT) [Entered: 10/25/2012 10:33 AM] |
Filing 94 Filed (ECF) Appellees American Crystal Sugar Company, Betaseed, Inc., Monsanto Company and Syngenta Seeds, Inc. in 11-16468 citation of supplemental authorities. Date of service: 10/24/2012. [8374307] [11-16468, 11-16564] (Bress, Richard) [Entered: 10/24/2012 09:14 AM] |
Filing 93 Filed (ECF) Appellants Center for Food Safety, High Mowing Organic Seeds, Organic Seed Alliance and Sierra Club in 11-16468 citation of supplemental authorities. Date of service: 10/23/2012. [8373630] [11-16468, 11-16564] (Achitoff, Paul) [Entered: 10/23/2012 03:10 PM] |
Filing 92 Received 7 paper copies of Supplemental Letter brief [ # 87 ] filed by Center for Food Safety, High Mowing Organic Seeds, Organic Seed Alliance and Sierra Club. (Sent to panel) [8363969] [11-16468, 11-16564] (SD) [Entered: 10/17/2012 09:39 AM] |
Filing 91 Received 7 paper copies of Supplemental Letter brief [ # 88 ] filed by American Crystal Sugar Company, Betaseed, Inc. and Monsanto Company. (Sent to panel) [8358319] [11-16468, 11-16564] (SD) [Entered: 10/12/2012 12:53 PM] |
Filing 90 Filed clerk order: The supplemental brief [ # 88 ] submitted by American Crystal Sugar Company, Betaseed, Inc., Monsanto Company and Syngenta Seeds, Inc. is filed. Within 7 days of the filing of this order, appellees/intervenors are 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. 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. [8355775] [11-16468, 11-16564] (GV) [Entered: 10/11/2012 09:49 AM] |
Filing 89 Filed clerk order: The supplemental letter brief [ # 87 ] submitted by Center for Food Safety, High Mowing Organic Seeds, Organic Seed Alliance and Sierra Club is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the supplemental letter 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. 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. [8355746] [11-16468, 11-16564] (GV) [Entered: 10/11/2012 09:41 AM] |
Filing 88 COURT ENTERED FILING. Submitted (ECF) Supplemental brief for review. Submitted by Appellees American Crystal Sugar Company, Betaseed, Inc., Monsanto Company and Syngenta Seeds, Inc. in 11-16468, Appellants American Crystal Sugar Company, Betaseed, Inc., Monsanto Company and Syngenta Seeds, Inc. in 11-16564. Date of service: 10/05/2012. [8353265] [11-16468, 11-16564]--[COURT UPDATE: Attached corrected brief (font size). Resent NDA. 10/10/2012 by RY] (RY) [Entered: 10/09/2012 06:23 PM] |
Filing 87 Submitted (ECF) Supplemental brief for review. Submitted by Appellants Center for Food Safety, High Mowing Organic Seeds, Organic Seed Alliance and Sierra Club in 11-16468. Date of service: 10/05/2012. [8353190] [11-16468, 11-16564]--[COURT UPDATE: Backdated entry to reflect original submission date (10/5/2012). Resent NDA. 10/10/2012 by RY] (Achitoff, Paul) [Entered: 10/09/2012 04:48 PM] |
Filing 86 COURT DELETED INCORRECT ENTRY. Refiled using correct ECF event (brief). Correct Entry: [ # 87 ]. Notice about deletion sent to case participants registered for electronic filing. Original Text: Filed (ECF) Appellants Center for Food Safety, High Mowing Organic Seeds, Organic Seed Alliance and Sierra Club in 11-16468 response to Court order dated 09/28/2012. Date of service: 10/05/2012. [8351089] [11-16468, 11-16564] (Achitoff, Paul) [Entered: 10/05/2012 08:07 PM] |
Filing 85 Filed (ECF) Appellants Center for Food Safety, High Mowing Organic Seeds, Organic Seed Alliance and Sierra Club in 11-16468 citation of supplemental authorities. Date of service: 10/05/2012. [8351066] [11-16468, 11-16564] (Achitoff, Paul) [Entered: 10/05/2012 05:47 PM] |
Filing 84 COURT DELETED INCORRECT ENTRY. Refiled corrected brief using correct ECF event (brief). Correct Entry: [ # 88 ]. Notice about deletion sent to case participants registered for electronic filing. Original Text: Filed (ECF) Appellees American Crystal Sugar Company, Betaseed, Inc., Monsanto Company and Syngenta Seeds, Inc. in 11-16468, Appellants American Crystal Sugar Company, Betaseed, Inc., Monsanto Company and Syngenta Seeds, Inc. in 11-16564 response to Court order dated 09/28/2012. Date of service: 10/05/2012. [8350938] [11-16468, 11-16564] (Bress, Richard) [Entered: 10/05/2012 04:24 PM] |
Filing 83 Filed (ECF) Appellees American Crystal Sugar Company, Betaseed, Inc., Monsanto Company and Syngenta Seeds, Inc. in 11-16468, Appellants American Crystal Sugar Company, Betaseed, Inc., Monsanto Company and Syngenta Seeds, Inc. in 11-16564 citation of supplemental authorities. Date of service: 10/05/2012. [8350858] [11-16468, 11-16564] (Bress, Richard) [Entered: 10/05/2012 04:01 PM] |
Filing 82 Filed (ECF) Appellants Center for Food Safety, High Mowing Organic Seeds, Organic Seed Alliance and Sierra Club in 11-16468 citation of supplemental authorities. Date of service: 10/02/2012. [8344871] [11-16468, 11-16564] (Achitoff, Paul) [Entered: 10/02/2012 12:07 PM] |
Filing 81 Filed clerk order (Deputy Clerk: SM): The parties to the cross-appeal, No. 11-16564, are ordered to file simultaneous supplemental letter briefs, not to exceed five pages, within seven days from the date of this order. The supplemental briefs shall address the question of whether this Court has jurisdiction to hear the cross-appeal of the district courts September 28, 2010, denial of the motion to intervene. [8341492] [11-16468, 11-16564] (SAM) [Entered: 09/28/2012 02:04 PM] |
Filing 80 Filed (ECF) Appellee Thomas J. Vilsack in 11-16468, - Thomas J. Vilsack in 11-16564 citation of supplemental authorities. Date of service: 09/28/2012. [8340544] [11-16468, 11-16564] (Littleton, Matthew) [Entered: 09/28/2012 07:12 AM] |
Filing 78 Filed (ECF) Appellant Syngenta Seeds, Inc. in 11-16564, Appellee Syngenta Seeds, Inc. in 11-16468 Motion to withdraw as counsel. Date of service: 09/07/2012. [8314605] [11-16564, 11-16468] (Suthers, Alison) [Entered: 09/07/2012 01:15 PM] |
Filing 77 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Richard P. Bress for Appellee Monsanto Company in 11-16468. [8278044] [11-16468, 11-16564] (Bress, Richard) [Entered: 08/07/2012 11:47 AM] |
Filing 76 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Paul Achitoff, Esquire for Appellants Sierra Club, Center for Food Safety, Organic Seed Alliance and High Mowing Organic Seeds in 11-16468. [8270669] [11-16468, 11-16564] (Achitoff, Paul) [Entered: 07/31/2012 05:51 PM] |
Filing 75 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Matthew Littleton for Appellee Thomas J. Vilsack in 11-16468. [8269134] [11-16564, 11-16468] (Littleton, Matthew) [Entered: 07/31/2012 06:21 AM] |
Filing 74 Notice of Oral Argument on Wednesday, October 24, 2012 - 3:00 PM - Courtroom 1, 3rd Floor - James R. Browning US Courthouse - San Francisco, California. Please return ACKNOWLEDGMENT OF HEARING NOTICE form to: SAN FRANCISCO Office. Please open attached documents to view details about your case. [8268343] [11-16468, 11-16564] (RB) [Entered: 07/30/2012 02:16 PM] |
Filing 73 Filed (ECF) Appellants Center for Food Safety, High Mowing Organic Seeds, Organic Seed Alliance and Sierra Club in 11-16468 citation of supplemental authorities. Date of service: 07/26/2012. [8264742] [11-16468, 11-16564] (Achitoff, Paul) [Entered: 07/26/2012 01:41 PM] |
Filing 71 Filed (ECF) Appellee Thomas J. Vilsack in 11-16468, - Thomas J. Vilsack in 11-16564 citation of supplemental authorities. Date of service: 07/23/2012. [8259475] [11-16468, 11-16564] (Littleton, Matthew) [Entered: 07/23/2012 02:31 PM] |
Filing 70 UPDATED CASE CALENDARED: Wednesday, 10/24/2012 - 3:00 PM - Courtroom 1, 3rd Floor - James R. Browning US Courthouse - San Francisco, California. [8243757] [11-16468, 11-16564] (RB) [Entered: 07/10/2012 11:51 AM] |
Filing 69 Filed clerk order (Deputy Clerk: SM): Oral argument will be held on Wednesday, October 24, 2012, at 3:00 p.m., in Courtroom One of the James R. Browning United States Courthouse, 95 Seventh Street, San Francisco, California. Each side will be allotted fifteen (15) minutes to present its arguments. [8243627] [11-16468, 11-16564] (SAM) [Entered: 07/10/2012 11:21 AM] |
Filing 68 Filed (ECF) Appellee Monsanto Company in 11-16468, Appellant Monsanto Company in 11-16564 Correspondence: Oral Argument Schedule. Date of service: 07/06/2012 [8239797] [11-16468, 11-16564] (Bress, Richard) [Entered: 07/06/2012 11:35 AM] |
Filing 67 Filed (ECF) Appellee Thomas J. Vilsack in 11-16468, - Thomas J. Vilsack in 11-16564 Correspondence: Oral argument conflict. Date of service: 07/02/2012 [8234118] [11-16468, 11-16564] (Littleton, Matthew) [Entered: 07/02/2012 09:01 AM] |
Filing 66 Filed (ECF) Appellee Monsanto Company in 11-16468, Appellant Monsanto Company in 11-16564 citation of supplemental authorities. Date of service: 07/02/2012. [8234076] [11-16468, 11-16564] (Bress, Richard) [Entered: 07/02/2012 08:38 AM] |
Filing 65 Filed (ECF) Appellee Thomas J. Vilsack in 11-16468, - Thomas J. Vilsack in 11-16564 citation of supplemental authorities. . Date of service: 06/22/2012. [8225696] [11-16468, 11-16564]--[COURT UPDATE: Changed text to reflect content of filing, resent notice. 06/25/2012 by ASW] (Littleton, Matthew) [Entered: 06/22/2012 05:10 PM] |
Filing 64 Filed (ECF) Appellants Center for Food Safety, High Mowing Organic Seeds, Organic Seed Alliance and Sierra Club in 11-16468 citation of supplemental authorities. Date of service: 06/14/2012. [8215421] [11-16468, 11-16564] (Kimbrell, George) [Entered: 06/14/2012 05:01 PM] |
Filing 63 Filed clerk order (Deputy Clerk: SM): Pursuant to G.O. 3.2.j, Judge McKeown has been drawn as the replacement for Judge Bennett for this case. The panel for this case will now consists of the Hon. SCHROEDER, THOMAS and McKEOWN, Circuit Judges. [8175037] [11-16468, 11-16564] (SAM) [Entered: 05/11/2012 01:29 PM] |
Filing 62 Filed (ECF) Appellee Thomas J. Vilsack in 11-16468, - Thomas J. Vilsack in 11-16564 Correspondence: Oral Argument Schedule. Date of service: 05/10/2012 [8173404] [11-16468, 11-16564] (Littleton, Matthew) [Entered: 05/10/2012 01:37 PM] |
Filing 61 Filed (ECF) Appellee Monsanto Company in 11-16468, Appellant Monsanto Company in 11-16564 Correspondence: Oral Argument Schedule. Date of service: 05/10/2012 [8173296] [11-16468, 11-16564] (Bress, Richard) [Entered: 05/10/2012 01:01 PM] |
Filing 60 Filed order (MARY M. SCHROEDER, SIDNEY R. THOMAS and MARK W. BENNETT) Appellants motion to assign these cross-appeals to the panel that decided Center for Food Safety v. Vilsack, 636 F.3d 1166 (9th Cir. 2011) is granted. Briefing is complete. [8172440] [11-16468, 11-16564] (SAM) [Entered: 05/10/2012 09:26 AM] |
Filing 59 Terminated Kateryna L. Rakowsky for Sierra Club, Organic Seed Alliance, High Mowing Organic Seeds and Center for Food Safety. [8148746] [11-16468, 11-16564] (RL) [Entered: 04/23/2012 08:48 AM] |
Filing 58 Filed (ECF) Appellants Center for Food Safety, High Mowing Organic Seeds, Organic Seed Alliance and Sierra Club in 11-16468 Correspondence: Notice of Withdrawal of Counsel. Date of service: 04/20/2012 [8148576] [11-16468, 11-16564] (Rakowsky, Kateryna) [Entered: 04/20/2012 05:15 PM] |
Filing 57 Filed (ECF) Appellants Center for Food Safety, High Mowing Organic Seeds, Organic Seed Alliance and Sierra Club in 11-16468, Appellees Center for Food Safety, High Mowing Organic Seeds, Organic Seed Alliance and Sierra Club in 11-16564 Motion to assign case to prior panel. Date of service: 02/28/2012. [8084024] [11-16468, 11-16564] (Rakowsky, Kateryna) [Entered: 02/28/2012 04:13 PM] |
Filing 56 Received 7 paper copies of Cross-Appeal Reply Brief [ # 54 ] filed by American Crystal Sugar Company, Monsanto Company and Syngenta Seeds, Inc. [8072273] [11-16468, 11-16564] (SD) [Entered: 02/16/2012 03:45 PM] |
Filing 55 Filed clerk order: The cross-appeal reply brief [ # 54 ] submitted by American Crystal Sugar Company, Betaseed, Inc., Monsanto Company and Syngenta Seeds, Inc. 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. [8066704] [11-16468, 11-16564]--[Edited 02/13/2012 by GV] (GV) [Entered: 02/13/2012 02:33 PM] |
Filing 54 Submitted (ECF) Cross-Appeal Reply Brief brief for review. Submitted by Appellees American Crystal Sugar Company, Betaseed, Inc., Monsanto Company and Syngenta Seeds, Inc. in 11-16468. Date of service: 02/13/2012. [8065547] [11-16468, 11-16564] --[COURT UPDATE: Edited docket text to reflect the correct type of brief. Resent NDA. 02/13/2012 by DB] (Bress, Richard) [Entered: 02/13/2012 08:22 AM] |
Filing 53 Received 7 paper copies of Third Brief on Cross-Appeal brief [ # 51 ] filed by Plaintiffs/Appellants Center for Food Safety, High Mowing Organic Seeds, Organic Seed Alliance and Sierra Club. [8050624] [11-16468, 11-16564] (SD) [Entered: 01/31/2012 09:10 AM] |
Filing 52 Filed clerk order: The third brief on cross-appeal [ # 51 ] submitted by Plaintiffs/Appellants-Cross/Appellees Center for Food Safety, High Mowing Organic Seeds, Organic Seed Alliance and Sierra Club 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: yellow. [8045590] [11-16468, 11-16564] (GV) [Entered: 01/26/2012 11:26 AM] |
Filing 51 Submitted (ECF) Third Brief on Cross-Appeal brief for review. Submitted by Appellants Center for Food Safety, High Mowing Organic Seeds, Organic Seed Alliance and Sierra Club in 11-16468, Appellees Center for Food Safety, High Mowing Organic Seeds, Organic Seed Alliance and Sierra Club in 11-16564. Date of service: 01/25/2012. [8044999] [11-16468, 11-16564] (Rakowsky, Kateryna) [Entered: 01/25/2012 08:28 PM] |
Filing 50 Filed Intervenors/Defendants/Cross Appellants American Crystal Sugar Company, Betaseed, Inc., Monsanto Company and Syngenta Seeds' Supplemental Excerpts of Record in 3 Vols. entitled: Vol. IV, Vol. V and Vol. VI [7992582] [11-16468, 11-16564] (GV) [Entered: 12/08/2011 09:00 AM] |
Filing 49 Received 7 paper copies of Second Brief on Cross-Appeal brief [ # 47 ] filed by Intervenors/Defendants American Crystal Sugar Company, et al. [7992103] [11-16468, 11-16564] (SD) [Entered: 12/07/2011 03:37 PM] |
Filing 48 Filed clerk order: The second brief on cross-appeal [ # 47 ] submitted by Intervenors/Defendants American Crystal Sugar Company, Betaseed, Inc., Monsanto Company and Syngenta Seeds, Inc is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a red cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7986350] [11-16468, 11-16564] (GV) [Entered: 12/02/2011 11:54 AM] |
Filing 47 Submitted (ECF) Second Brief on Cross-Appeal brief for review. Submitted by Appellees American Crystal Sugar Company, Betaseed, Inc., Monsanto Company and Syngenta Seeds, Inc. in 11-16468, Appellants American Crystal Sugar Company, Betaseed, Inc., Monsanto Company and Syngenta Seeds, Inc. in 11-16564. Date of service: 12/01/2011. [7985679] [11-16468, 11-16564] (Bress, Richard) [Entered: 12/01/2011 05:25 PM] |
Filing 46 Filed clerk order (Deputy Clerk: AMT): Intervenors-Defendants-appellees (Intervenors) motion for an extension of time to file the second brief on cross-appeal is granted. The second brief on cross-appeal for Intervenors is due December 1, 2011. Plaintiffs motion for an extension of time to file the third brief on cross-appeal is granted. The third brief on cross-appeal for plaintiffs is due January 25, 2012. The optional cross-appeal reply briefs are due within 14 days after service of the third cross-appeal brief. The Court notes the second brief on cross-appeal for appellee Thomas J. Vilsack was submitted on November 21, 2011. [7981779] [11-16468, 11-16564] (SAM) [Entered: 11/29/2011 11:46 AM] |
Filing 45 Received paper copies of Second Brief on Cross-Appeal brief [ # 42 ] filed by Thomas J. Vilsack. [7979042] [11-16468, 11-16564] (DB) [Entered: 11/25/2011 03:39 PM] |
Filing 44 Filed clerk order: The second brief on cross-appeal [ # 42 ] submitted by the Defendant Thomas J. Vilsack is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a red cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7976663] [11-16468, 11-16564] (GV) [Entered: 11/22/2011 04:31 PM] |
Filing 43 Filed Defendant Thomas J. Vilsack' supplemental excerpts of record on appeal in 3 volumes. [7976265] [11-16468, 11-16564] (GV) [Entered: 11/22/2011 03:04 PM] |
Filing 42 Submitted (ECF) Second Brief on Cross-Appeal for review. Submitted by Appellee Thomas J. Vilsack in 11-16468, - Thomas J. Vilsack in 11-16564. Date of service: 11/21/2011. [7973078] [11-16468, 11-16564] --[COURT UPDATE: Edited docket text to reflect the correct type of brief. Resent NDA. 11/22/2011 by DB] (Littleton, Matthew) [Entered: 11/21/2011 08:15 AM] |
Filing 41 Filed (ECF) Appellants Center for Food Safety, High Mowing Organic Seeds, Organic Seed Alliance and Sierra Club in 11-16468, Appellees Center for Food Safety, High Mowing Organic Seeds, Organic Seed Alliance and Sierra Club in 11-16564 Unopposed Motion to extend time to file Third Brief on Cross-Appeal brief until 01/25/2012. Date of service: 11/17/2011. [7970995] [11-16468, 11-16564] (Rakowsky, Kateryna) [Entered: 11/17/2011 09:19 PM] |
Filing 40 Filed (ECF) Appellant Monsanto Company in 11-16564, Appellee Monsanto Company in 11-16468 Motion to extend time to file Answering brief until 12/01/2011 at 11:59 pm. Date of service: 11/14/2011. [7965171] [11-16564, 11-16468] (Bress, Richard) [Entered: 11/14/2011 05:13 PM] |
Filing 39 Denied Intervenor Appellees American Crystal Sugar Company, Betaseed, Inc., Monsanto Company and Syngenta Seeds, Inc. in 11-16468 phone request for 14 day extension of time to file cross-appeal brief. [7963714] [11-16468, 11-16564] The due date has already been extended 21 days via a 28-4 notice. A written motion is needed for a further ext. of time on this brief. (TH) [Entered: 11/14/2011 11:10 AM] |
Filing 38 Filed (ECF) Appellants Center for Food Safety, High Mowing Organic Seeds, Organic Seed Alliance and Sierra Club in 11-16468, Appellees Center for Food Safety, High Mowing Organic Seeds, Organic Seed Alliance and Sierra Club in 11-16564 reply to response (,motion to strike portion or whole of document, ). Date of service: 10/28/2011. [7947405] [11-16468, 11-16564] (Rakowsky, Kateryna) [Entered: 10/28/2011 07:17 PM] |
Filing 37 Added attorney Katherine Twomey for Monsanto Company. [7941434] [11-16468, 11-16564] (RL) [Entered: 10/25/2011 01:40 PM] |
Filing 36 Filed (ECF) notice of appearance of Katherine I. Twomey for Appellee Monsanto Company in 11-16468, Appellant Monsanto Company in 11-16564. Date of service: 10/25/2011. [7941423] [11-16468, 11-16564] (Allen, Katherine) [Entered: 10/25/2011 01:38 PM] |
Filing 35 Added attorney Claudia M. O'Brien for Monsanto Company. [7941420] [11-16468, 11-16564] (RL) [Entered: 10/25/2011 01:37 PM] |
Filing 34 Filed (ECF) notice of appearance of Claudia M. O'Brien for Appellee Monsanto Company in 11-16468, Appellant Monsanto Company in 11-16564. Date of service: 10/25/2011. [7941400] [11-16468, 11-16564] (O'Brien, Claudia) [Entered: 10/25/2011 01:34 PM] |
Filing 33 Filed (ECF) Appellee Thomas J. Vilsack in 11-16468 Motion to strike portion of Plaintiffs-Appellants' opening brief and Response opposing motion (motion to supplement record on appeal). Date of service: 10/21/2011. [7938094] [11-16468, 11-16564] (Littleton, Matthew) [Entered: 10/21/2011 03:08 PM] |
Filing 32 Filed (ECF) Appellees American Crystal Sugar Company, Betaseed, Inc., Monsanto Company and Syngenta Seeds, Inc. response opposing motion (motion to supplement record on appeal). Date of service: 10/21/2011. [7936918] --[COURT UPDATE: Spread filing to case number 11-16564. Resent NDA. 10/21/2011 by DB] (Bress, Richard) [Entered: 10/21/2011 08:41 AM] |
Filing 31 Filed clerk order (Deputy Clerk: AMT): Appellee Thomas J. Vilsacks unopposed motion for an extension of time to file the second brief on cross-appeal is granted. The second brief on cross-appeal for Appellee Vilsack is due November 21, 2011. The third brief on cross-appeal for plaintiffs is due December 21, 2011. The optional cross-appeal reply briefs are due within 14 days after service of the third cross-appeal brief. [7935616] [11-16468, 11-16564] (SAM) [Entered: 10/20/2011 09:46 AM] |
Filing 30 Filed clerk order (Deputy Clerk: AMT): The unopposed joint motion for extension of time to file Appellee Thomas J. Vilsack, et al. (Federal Appellees) and Intervenor Defendants-Appellees responses to appellants motion to supplement the record is granted. The responses are due October 21, 2011. [7921386] [11-16468, 11-16564] (SAM) [Entered: 10/07/2011 03:38 PM] |
Filing 29 Filed notice of joint brief on cross-appeal by American Crystal Sugar Company, Betaseed, Inc., Monsanto Company and Syngenta Seeds, Inc. Briefing schedule is now as follows: Second brief on cross appeal due date will be extended for 21 days and the size enlarged by 5 monotype pages or 1,400 words. [7920515] [11-16468, 11-16564] (RL) [Entered: 10/07/2011 10:23 AM] |
Filing 27 Filed (ECF) Appellee Thomas J. Vilsack in 11-16468, - Thomas J. Vilsack in 11-16564 Joint Motion to extend time to file a response until 10/21/2011. Date of service: 10/07/2011. [7920100] [11-16468, 11-16564] (Littleton, Matthew) [Entered: 10/07/2011 06:37 AM] |
Filing 28 Received 7 paper copies of First Brief on Cross-Appeal [ # 18 ] filed by appellants/cross-appellees. [7920459] [11-16468, 11-16564] (SD) [Entered: 10/07/2011 10:01 AM] |
Filing 26 Filed (ECF) Appellee Thomas J. Vilsack in 11-16468, - Thomas J. Vilsack in 11-16564 Unopposed Motion to extend time to file Answering brief until 11/21/2011. Date of service: 10/06/2011. [7919252] [11-16468, 11-16564] (Littleton, Matthew) [Entered: 10/06/2011 12:27 PM] |
Filing 25 Filed (ECF) Appellees American Crystal Sugar Company, Betaseed, Inc., Monsanto Company and Syngenta Seeds, Inc. in 11-16468 notice of joint brief (Second Brief on Cross-Appeal). Date of service: 10/06/2011. [7918681] [11-16468, 11-16564] (Bress, Richard) [Entered: 10/06/2011 09:56 AM] |
Filing 22 Filed clerk order (Deputy Clerk: AMT): Appellants motion to supplement the record on appeal is construed as a request for judicial notice. So construed, the request and any related response will be referred to the merits panel for such consideration the panel deems appropriate. [7917580] [11-16468, 11-16564] (SAM) [Entered: 10/05/2011 01:31 PM] |
Filing 21 Added attorney Matthew Littleton for Thomas J. Vilsack, in case 11-16468 Matthew Littleton for Thomas J. Vilsack, in case 11-16564. [7913024] [11-16468, 11-16564] (CW) [Entered: 10/03/2011 07:36 AM] |
Filing 20 Filed (ECF) notice of appearance of Matthew Littleton for Appellee Thomas J. Vilsack in 11-16468, - Thomas J. Vilsack in 11-16564. Date of service: 10/03/2011. [7912992] [11-16468, 11-16564] (Littleton, Matthew) [Entered: 10/03/2011 06:42 AM] |
Filing 24 Received Appellants/Cross-Appellees' Volume 4 of excerpts of record. Served on 09/29/2011. (Motion to supplement the record pending - to Records for merits panel per 10/5/11 order) [7918211] [11-16468, 11-16564] (LA) [Entered: 10/05/2011 04:21 PM] |
Filing 23 Filed Appellants/Cross-Appellees' excerpts of record in 3 volumes. Served on 09/29/2011. [7918206] [11-16468, 11-16564] (LA) [Entered: 10/05/2011 04:19 PM] |
Filing 19 Filed clerk order: The first brief on cross-appeal [ # 18 ] submitted by appellants/cross-appellees is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a blue cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7912673] [11-16468, 11-16564] (RH) [Entered: 09/30/2011 04:05 PM] |
Filing 18 Submitted (ECF) First Brief on Cross-Appeal for review. Submitted by Appellants Center for Food Safety, High Mowing Organic Seeds, Organic Seed Alliance and Sierra Club in 11-16468, Appellees Center for Food Safety, High Mowing Organic Seeds, Organic Seed Alliance and Sierra Club in 11-16564. Date of service: 09/29/2011. [7911306] [11-16468, 11-16564]--[COURT UPDATE : Edited docket text to reflect content of filing. Resent NDA 09/30/2011 by TW] (Rakowsky, Kateryna) [Entered: 09/29/2011 11:40 PM] |
Filing 17 Filed (ECF) Appellants Center for Food Safety, High Mowing Organic Seeds, Organic Seed Alliance and Sierra Club in 11-16468 Motion to supplement record on appeal. Date of service: 09/28/2011. [7909308] [11-16468, 11-16564] (Rakowsky, Kateryna) [Entered: 09/28/2011 01:57 PM] |
Filing 16 Filed (ECF) Appellants Center for Food Safety, High Mowing Organic Seeds, Organic Seed Alliance and Sierra Club in 11-16468, Appellees Center for Food Safety, High Mowing Organic Seeds, Organic Seed Alliance and Sierra Club in 11-16564 Correspondence: Notice of 14-day extension granted by Court. Date of service: 09/14/2011 [7893724] [11-16468, 11-16564] (Rakowsky, Kateryna) [Entered: 09/14/2011 12:40 PM] |
Filing 15 14 day oral extenstion by phone to file Plaintiffs Center for Food Safety, High Mowing Organic Seeds, Organic Seed Alliance and Sierra Club in 11-16468 first cross-appeal brief. First cross appeal brief due 09/30/2011 for plaintiffs. Second brief on cross appeal due 10/31/2011 defendants. Third brief on cross appeal due 11/30/2011 for plaintiffs. The optional reply cross-appeal brief, for defendants, is due 14 days after service of the third cross-appeal brief [7893315] [11-16468, 11-16564] (TH) [Entered: 09/14/2011 10:33 AM] |
Filing 14 Filed order MEDIATION (LJ): On August 9, 2011, a telephone conference was held with Circuit Mediator Lisa Jaye. The court has determined that these appeals will not be selected for inclusion in the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions while the appeals are pending. [7852677] [11-16468, 11-16564] (SAM) [Entered: 08/10/2011 03:44 PM] |
Filing 13 Filed amended order MEDIATION (EPM): The courts order of June 23, 2011 is amended to reflect changes in the dial in conference call information. The Mediation Program of the Ninth Circuit Court of Appeals facilitates settlement while appeals are pending. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. The court has scheduled a telephone settlement assessment conference, with counsel only, on August 9, 2011, at 11:00 a.m. PACIFIC (San Francisco) Time to discuss whether this case is appropriate for participation in the Mediation Program. In order to participate in the conference, the participants shall call 1-888-273-3658, enter access code 9645460 and security code 111646801. Please be available for the call at least five minutes before the scheduled time. Counsel should review the attached list and inform the Mediation Assistant by email (Beatriz_Smith@ca9.uscourts.gov) at least 72 hours in advance of the scheduled call of any of the following: (1) any attorneys on the list of counsel who will not be participating in the conference; (2) the direct dial phone number of any participant if it is not listed; and (3) any other corrections to the list. Please notify the Circuit Mediator immediately by fax (415-355-8566) if the dispute is settled, the appeal is dismissed or if counsel has an unavoidable scheduling conflict. Please copy all counsel on any such communications. All discussions that take place in the context of the assessment conference are strictly confidential. For more detailed information about the assessment conference, confidentiality, the Mediation Program and its procedures generally, please see the attachment to this order and the Mediation Program web site: www.ca9.uscourts.gov/mediation. The briefing schedule previously set by the court remains in effect. [7831370] (SAM) [Entered: 07/25/2011 10:58 AM] |
Filing 12 Added attorney Philip J. Perry for Monsanto Company. [7816843] [11-16468, 11-16564] (RL) [Entered: 07/12/2011 01:20 PM] |
Filing 11 Filed (ECF) notice of appearance of Philip J. Perry for Appellee Monsanto Company in 11-16468. Date of service: 07/12/2011. [7816826] [11-16468, 11-16564] (Perry, Philip) [Entered: 07/12/2011 01:11 PM] |
Filing 10 Filed (ECF) Appellee Monsanto Company in 11-16468 Mediation Questionnaire. Date of service: 07/01/2011. [7805953] [11-16468, 11-16564] (Bress, Richard) [Entered: 07/01/2011 03:08 PM] |
Filing 9 Added attorney Richard P. Bress for Monsanto Company. [7805903] [11-16468, 11-16564] (RL) [Entered: 07/01/2011 02:54 PM] |
Filing 8 Filed (ECF) notice of appearance of Richard P. Bress for Appellee Monsanto Company in 11-16468. Date of service: 07/01/2011. [7805884] [11-16468, 11-16564] (Bress, Richard) [Entered: 07/01/2011 02:49 PM] |
Filing 7 Added attorney Drew Curtis Ensign for Monsanto Company. [7805881] [11-16468, 11-16564] (RL) [Entered: 07/01/2011 02:49 PM] |
Filing 6 Filed (ECF) notice of appearance of Drew C. Ensign for Appellee Monsanto Company in 11-16468. Date of service: 07/01/2011. [7805876] [11-16468, 11-16564] (Ensign, Drew) [Entered: 07/01/2011 02:47 PM] |
Filing 5 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. Setting cross-appeal briefing schedule as follows: Mediation Questionnaire due on 07/01/2011. First cross appeal brief due 09/16/2011 for Center for Food Safety, High Mowing Organic Seeds, Organic Seed Alliance and Sierra Club. Second brief on cross appeal due 10/17/2011 for American Crystal Sugar Company, Betaseed, Inc., Monsanto Company, Syngenta Seeds, Inc. and Thomas J. Vilsack. Third brief on cross appeal due 11/17/2011 for Center for Food Safety, High Mowing Organic Seeds, Organic Seed Alliance and Sierra Club. Optional cross appeal reply brief for American Crystal Sugar Company, Betaseed, Inc., Monsanto Company, Syngenta Seeds, Inc. is due 14 days from service of Third brief on cross appeal. [7797038] [11-16564, 11-16468] (RT) [Entered: 06/24/2011 01:18 PM] |
Filing 4 Filed order MEDIATION (EPM): The Mediation Program of the Ninth Circuit Court of Appeals facilitates settlement while appeals are pending. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. The court has scheduled a telephone settlement assessment conference, with counsel only, on August 9, 2011, at 11:00 a.m. PACIFIC (San Francisco) Time to discuss whether this case is appropriate for participation in the Mediation Program. In order to participate, the participants shall call 1-866-203-4197 and give authorization code 78909435. Please be available for the call at least five minutes before the scheduled time. Counsel should review the attached list and inform the Mediation Assistant by email (Beatriz_Smith@ca9.uscourts.gov) at least 72 hours in advance of the scheduled call of any of the following: (1) any attorneys on the list of counsel who will not be participating in the conference; (2) the direct dial phone number of any participant if it is not listed; and (3) any other corrections to the list. Please notify the Circuit Mediator immediately by fax (415-355-8566) if the dispute is settled, the appeal is dismissed or if counsel has an unavoidable scheduling conflict. Please copy all counsel on any such communications. All discussions that take place in the context of the assessment conference are strictly confidential. For more detailed information about the assessment conference, confidentiality, the Mediation Program and its procedures generally, please see the attachment to this order and the Mediation Program web site: www.ca9.uscourts.gov/mediation. The briefing schedule previously set by the court remains in effect. [7795529] (SAM) [Entered: 06/23/2011 12:59 PM] |
Filing 3 Filed (ECF) Appellants Center for Food Safety, High Mowing Organic Seeds, Organic Seed Alliance and Sierra Club Mediation Questionnaire. Date of service: 06/17/2011. [7789868] --[COURT UPDATE: Updated PDF of Mediation Questionnaire to correct problem viewing document. Resent NDA. 06/17/2011 by DB] (Achitoff, Paul) [Entered: 06/17/2011 02:23 PM] |
Filing 2 Filed representation notice. [7780922] (GR) [Entered: 06/10/2011 08:48 AM] |
Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 06/17/2011. Transcript ordered by 07/08/2011. Transcript due 08/08/2011. Appellant Center for Food Safety, Appellant High Mowing Organic Seeds, Appellant Organic Seed Alliance and Appellant Sierra Club opening brief due 09/16/2011. Appellee American Crystal Sugar Company, Appellee Betaseed, Inc., Appellee Monsanto Company, Appellee Syngenta Seeds, Inc. and Appellee Thomas J. Vilsack answering brief due 10/17/2011. Appellant's optional reply brief is due 14 days after service of the answering brief. [7780920] (GR) [Entered: 06/10/2011 08:45 AM] |
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