Elizabeth Nesbitt, et al v. U.S. Army Corps of Engineers, et al
Defendant / Appellant: U.S. ARMY CORPS OF ENGINEERS, THOMAS BOSTICK, Lieutenant General, Commanding General and Chief Engineers, ANDREW D. KELLY, Lieutenant Colonel, Walla Walla District Comander and District Engineer, JOHN S. KEM, Colonel, Northwestern Division Commander and JOHN MCHUGH, Secretary of the Army
Plaintiff / Appellee: ELIZABETH E. NESBITT, FKA Elizabeth Morris and ALAN C. BAKER
Amicus Curiae: NATIONAL RIFLE ASSOCIATION OF AMERICA, INC., GEORGIACARRY.ORG, INC. and CALIFORNIA RIFLE AND PISTOL ASSOCIATION
Case Number: 14-36049
Filed: December 10, 2014
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other
Docket Report

This docket was last retrieved on September 24, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 24, 2018 Filing 76 Attorneys Sean P. Smith substituted by Attorneys Cody J. Wisniewski [11022499] (JFF) [Entered: 09/24/2018 11:15 AM]
September 24, 2018 Filing 75 Filed (ECF) notice of appearance of Cody James Wisniewski for Appellees Alan C. Baker and Elizabeth E. Nesbitt. Date of service: 09/24/2018. [11022475] [14-36049] (Wisniewski, Cody) [Entered: 09/24/2018 11:09 AM]
April 12, 2018 Filing 74 Attorney Steven James Lechner in 14-36049 substituted by Attorney Sean P. Smith in 14-36049 [10834056] (NAC) [Entered: 04/12/2018 10:37 AM]
April 12, 2018 Filing 73 Filed (ECF) notice of appearance of Sean Patrick Smith for Appellees Alan C. Baker and Elizabeth E. Nesbitt. Date of service: 04/12/2018. [10834045] [14-36049] (Smith, Sean) [Entered: 04/12/2018 10:35 AM]
December 15, 2017 Filing 72 Filed order (Deputy Clerk: CLB) The parties Joint Motion to Dismiss this Appeal Without Prejudice to Reinstatement is granted. Reinstatement shall occur upon notice to this court brought within 28 days of either: (1) an order by the district court refusing to dissolve the permanent injunction entered in this case following the promulgation of a New Army Corps of Engineers firearm policy; or (2) a determination by the Army Corps of Engineers not to modify its current national firearms policy. Notice of reinstatement pursuant to contingency (2) must be brought within 24 months of the entry of this order. The parties shall bear their own costs on appeal. A copy of this order shall serve as and for the mandate of this court. [10693044] (WL) [Entered: 12/15/2017 03:33 PM]
December 13, 2017 Filing 71 Filed (ECF) Appellants Thomas Bostick, Andrew D. Kelly, John S. Kem, John McHugh and U.S. Army Corps of Engineers Joint Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 12/13/2017. [10688867] [14-36049] (Wright, Abby) [Entered: 12/13/2017 10:10 AM]
November 30, 2017 Filing 70 Filed order MEDIATION (CLB): Counsel for appellant shall contact the undersigned within fourteen (14) days. [10673100] (WL) [Entered: 11/30/2017 11:41 AM]
November 21, 2017 Filing 69 MEDIATION CONFERENCE RESCHEDULED - DIAL-IN Conference, 11/29/2017, 1:00 p.m. Pacific Time. (originally scheduled on 11/28/2017 ). [10663346] (BS) [Entered: 11/21/2017 02:55 PM]
October 23, 2017 Filing 68 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference, 11/28/2017, 1:00 p.m. Pacific Time. See order for details. [10628497] (BS) [Entered: 10/23/2017 04:40 PM]
September 6, 2017 Filing 67 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference, 10/11/2017, 1:00 p.m. Pacific Time. See order for details. [10571637] (MS) [Entered: 09/06/2017 04:17 PM]
August 28, 2017 Filing 66 MEDIATION CONFERENCE RESCHEDULED - DIAL-IN Conference, 09/06/2017, at 1:00 p.m. Pacific Time. (originally scheduled on 08/28/2017 ). [10561304] (BS) [Entered: 08/28/2017 03:36 PM]
August 8, 2017 Filing 65 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference, 08/28/2017, 1:00 p.m. Pacific Time. See order for details. [10537105] (BS) [Entered: 08/08/2017 12:47 PM]
August 1, 2017 Filing 64 MEDIATION CONFERENCE RESCHEDULED - DIAL-IN Conference, 08/07/2017, 1:00 p.m. Pacific Time. (original time 2:00 p.m.). [10528856] (BS) [Entered: 08/01/2017 12:42 PM]
July 11, 2017 Filing 63 MEDIATION CONFERENCE SCHEDULED - Further Conference, 08/07/2017, 2:00 p.m. Pacific Time. See order for details. [10505205] (BS) [Entered: 07/11/2017 05:25 PM]
June 12, 2017 Filing 62 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference, 07/10/2017, 10:00 a.m. Pacific Time. See order for details. [10469871] (BS) [Entered: 06/12/2017 03:51 PM]
May 8, 2017 Filing 61 MEDIATION CONFERENCE RESCHEDULED - DIAL-IN Conference, 06/08/2017, 11:00 a.m. Pacific Time. (originally scheduled on 06/07/2017 ). [10426304] (BS) [Entered: 05/08/2017 03:45 PM]
May 5, 2017 Filing 60 Filed order MEDIATION (CLB): A dial-in telephone conference will be held on June 7, 2017, at 11:00 a.m. Pacific Time. Counsel should note that this is a different date and time than that discussed at the telephone conference on May 3, 2017. Each participant will receive an email with dial-in information. [10423567] (JMR) [Entered: 05/05/2017 11:06 AM]
April 18, 2017 Filing 59 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference, 05/03/2017, 10:00 a.m. Pacific Time. See order for details. [10400362] (BS) [Entered: 04/18/2017 11:24 AM]
March 29, 2017 Filing 58 MEDIATION CONFERENCE SCHEDULED - Further Conference, 04/12/2017, 1:00 p.m. Pacific Time. See order for details. [10376336] (BS) [Entered: 03/29/2017 03:22 PM]
March 29, 2017 Filing 57 Filed (ECF) Appellants Thomas Bostick, Andrew D. Kelly, John S. Kem, John McHugh and U.S. Army Corps of Engineers status report (as required by Court order dated 03/03/2017). Date of service: 03/29/2017 [10375439] [14-36049] (Wright, Abby) [Entered: 03/29/2017 07:08 AM]
March 15, 2017 Filing 56 Filed order MEDIATION (BS): Pursuant to this court's order, this appeal has been referred to the Mediation Program. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. The court has scheduled a telephone conference, with counsel only, on the date and time indicated above. Chief Circuit Mediator Claudia L. Bernard will initiate the conference call by contacting each attorney on the attached list of participants at the telephone number listed. 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) of any corrections to the list. Please notify Chief Circuit Mediator Claudia L. Bernard immediately by email (Claudia_Bernard@ca9.uscourts.gov) 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 conference are strictly confidential. See Circuit Rule 33-1. For more detailed information about the conference, confidentiality, the Mediation Program and its procedures generally, please see the attachment to this order and the Mediation Program web page: www.ca9.uscourts.gov/mediation. (SEE ORDER FOR FULL TEXT) [10356931] (OC) [Entered: 03/15/2017 09:26 AM]
March 6, 2017 Filing 55 Case came on for submission before SUSAN P. GRABER, SANDRA S. IKUTA and ANDREW D. HURWITZ SUBMISSION DEFERRED. [10344260] (SB) [Entered: 03/06/2017 12:25 PM]
March 3, 2017 Filing 54 Phoned and left voicemail to attorneys regarding to 3/3/17 order. [ # 53 ] [10341604] (WL) [Entered: 03/03/2017 09:18 AM]
March 3, 2017 Filing 53 Filed order (SUSAN P. GRABER, SANDRA S. IKUTA and ANDREW D. HURWITZ) Appellants Unopposed Emergency Motion, filed March 2, 2017, is GRANTED. The appeal is referred to the Mediation Office, and its submission is deferred pending further order of the court. The Circuit Mediator will contact the parties to schedule mediation and shall provide a status report to the panel within 60 days following this order. The parties shall provide a status update to the panel on or before April 2, 2017. [10341520] (WL) [Entered: 03/03/2017 08:41 AM]
March 2, 2017 Filing 52 Filed order (SUSAN P. GRABER, SANDRA S. IKUTA and ANDREW D. HURWITZ) The parties shall be prepared to discuss, at oral argument, whether Plaintiffs have standing. See San Diego Cty. Gun Rights Comm. v. Reno, 98 F.3d 1121, 1126 (9th Cir. 1996) ("As the parties invoking federal jurisdiction, plaintiffs bear the burden of establishing their standing to sue."); id. ("To assert standing on [the basis of a threat of prosecution], plaintiffs must show a genuine threat of imminent prosecution under the [challenged law]." (internal quotation marks omitted)); id. at 112629 (looking to the definitiveness of the plaintiffs plans, any "specific threat of prosecution," and any "history of prosecutions" under the challenged law); see also Parker v. District of Columbia, 478 F.3d 370, 376 (D.C. Cir. 2007) ("We have consistently treated a license or permit denial pursuant to a state or federal administrative scheme as an Article III injury."). [10339920] (WL) [Entered: 03/02/2017 10:34 AM]
March 2, 2017 Filing 51 Filed (ECF) Appellants Thomas Bostick, Andrew D. Kelly, John S. Kem, John McHugh and U.S. Army Corps of Engineers EMERGENCY Motion to refer case to mediation. Date of service: 03/02/2017. [10339766] [14-36049] (Wright, Abby) [Entered: 03/02/2017 09:47 AM]
February 16, 2017 Filing 50 Filed (ECF) Appellees Alan C. Baker and Elizabeth E. Nesbitt citation of supplemental authorities. Date of service: 02/16/2017. [10322769] [14-36049] (Lechner, Steven) [Entered: 02/16/2017 01:49 PM]
February 8, 2017 Filing 49 Filed (ECF) Acknowledgment of hearing notice. Location: Seattle. Filed by Attorney Mr. Patrick G. Nemeroff for Appellants Thomas Bostick, Andrew D. Kelly, John S. Kem, John McHugh and U.S. Army Corps of Engineers. [10306552] [14-36049] (Nemeroff, Patrick) [Entered: 02/08/2017 07:28 AM]
January 25, 2017 Filing 48 Filed clerk order (Deputy Clerk: WL): Appellees Unopposed Request for Judicial Notice, filed July 10, 2015, is GRANTED. [10278971] (WL) [Entered: 01/25/2017 09:37 AM]
January 24, 2017 Filing 47 Added attorney Patrick G. Nemeroff for John S. Kem U.S. Army Corps of Engineers Thomas Bostick John McHugh Andrew D. Kelly, in case 14-36049. [10277812] (RR) [Entered: 01/24/2017 02:03 PM]
January 24, 2017 Filing 46 Filed (ECF) notice of appearance of Patrick G. Nemeroff for Appellants Thomas Bostick, Andrew D. Kelly, John S. Kem, John McHugh and U.S. Army Corps of Engineers. Date of service: 01/24/2017. [10277127] [14-36049] (Nemeroff, Patrick) [Entered: 01/24/2017 10:39 AM]
January 3, 2017 Filing 45 Filed (ECF) Acknowledgment of hearing notice. Location: Seattle. Filed by Attorney Steven J. Lechner for Appellees Alan C. Baker and Elizabeth E. Nesbitt. [10252119] [14-36049] (Lechner, Steven) [Entered: 01/03/2017 11:55 AM]
January 3, 2017 Filing 44 Filed (ECF) Acknowledgment of hearing notice. Location: Seattle. Filed by Attorney Ms. Abby Christine Wright for Appellants Thomas Bostick, Andrew D. Kelly, John S. Kem, John McHugh and U.S. Army Corps of Engineers. [10251600] [14-36049] (Wright, Abby) [Entered: 01/03/2017 09:12 AM]
December 29, 2016 Filing 43 Notice of Oral Argument on Monday, March 6, 2017 - 09:00 A.M. - SE 7th Flr Courtroom 2 - Seattle WA. View the Oral Argument Calendar for your case # here . Be sure to review the # GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). 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: SEATTLE Office. [10249541] (SB) [Entered: 12/29/2016 01:29 PM]
December 2, 2016 Filing 42 Received 7 paper copies of Reply Brief [ # 37 ] filed by appellants. [10218917] (SD) [Entered: 12/02/2016 01:48 PM]
December 1, 2016 Opinion or Order Filing 41 Ordered paper copies of Appellant's reply brief. Per 8/12/15 order. [10217041] (SOS) [Entered: 12/01/2016 10:37 AM]
November 25, 2016 Filing 40 This case is being considered for the March 2017 Seattle oral argument calendar. The exact date of your oral argument has not been determined at this time. The following is a link to the upcoming court sessions: # http://cdn.ca9.uscourts.gov/datastore/uploads/calendar/sitdates_2017.pdf . Please review these upcoming dates immediately to determine if you have any conflicts with them. If you do have conflicts, please inform the Court within 3 days of this notice by sending a letter to the Court using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). The Court discourages motions to continue after this 3-day period. The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. Your case will be assigned to a calendar approximately 10 weeks before the scheduled oral argument date. Note that your case will be set for hearing in due course if it is not assigned to this calendar. In addition, if parties would like to discuss settlement before argument is scheduled, they should jointly request a referral to the mediation unit. Such a referral will postpone the calendaring of oral argument. All such requests must be made within 3 days of this notice by sending a letter to the Court using CM/ECF (Type of Document: File Correspondence to Court; Subject: request for mediation). Once the case is calendared, it is unlikely that the court will postpone argument for settlement discussions.[10210300] (AW) [Entered: 11/25/2016 09:23 AM]
October 24, 2016 Filing 39 This case is being considered for the February 2017 Seattle oral argument calendar. The exact date of your oral argument has not been determined at this time. The following is a link to the upcoming court sessions: # http://cdn.ca9.uscourts.gov/datastore/uploads/calendar/sitdates_2017.pdf . Please review these upcoming dates immediately to determine if you have any conflicts with them. If you do have conflicts, please inform the Court within 3 days of this notice by sending a letter to the Court using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). The Court discourages motions to continue after this 3-day period. The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. Your case will be assigned to a calendar approximately 10 weeks before the scheduled oral argument date. Note that your case will be set for hearing in due course if it is not assigned to this calendar. In addition, if parties would like to discuss settlement before argument is scheduled, they should jointly request a referral to the mediation unit. Such a referral will postpone the calendaring of oral argument. All such requests must be made within 3 days of this notice by sending a letter to the Court using CM/ECF (Type of Document: File Correspondence to Court; Subject: request for mediation). Once the case is calendared, it is unlikely that the court will postpone argument for settlement discussions.[10171660] (AW) [Entered: 10/24/2016 03:42 PM]
August 12, 2015 Filing 38 Filed clerk order: The reply brief [ # 37 ] submitted by appellants 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. [9644827] (KT) [Entered: 08/12/2015 02:42 PM]
August 12, 2015 Filing 37 Submitted (ECF) Reply Brief for review. Submitted by Appellants U.S. Army Corps of Engineers, John McHugh, John S. Kem, Andrew D. Kelly and Thomas Bostick. Date of service: 08/12/2015. [9644252] [14-36049] (Wright, Abby) [Entered: 08/12/2015 11:41 AM]
July 21, 2015 Filing 36 Received 7 paper copies of Amicus brief [ # 30 ] filed by NRA and California Rifle and Pistol Association. [9616843] (DB) [Entered: 07/21/2015 10:44 AM]
July 20, 2015 Filing 35 Received 7 paper copies of Amicus brief [ # 27 ] filed by GeorgiaCarry.Org, Inc.. [9615818] (DB) [Entered: 07/20/2015 02:34 PM]
July 16, 2015 Filing 34 Received 7 paper copies of Answering brief [ # 22 ] filed by Alan C. Baker and Elizabeth E. Nesbitt. [9612987] (SD) [Entered: 07/16/2015 03:48 PM]
July 16, 2015 Filing 33 Filed Appellees Alan C. Baker and Elizabeth E. Nesbitt paper copies of supplemental excerpts of record [ # 22 ] in 1 volume. [9612410] (KT) [Entered: 07/16/2015 11:25 AM]
July 16, 2015 Filing 32 Filed clerk order: The amicus brief [ # 30 ] submitted by NRA and California Rifle and Pistol Association 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: green. 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. [9612386] (LA) [Entered: 07/16/2015 11:20 AM]
July 16, 2015 Filing 31 Entered appearance of Amici Curiae NRA and California Rifle and Pistol Association. [9612378] (LA) [Entered: 07/16/2015 11:19 AM]
July 15, 2015 Filing 30 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Brief of National Rifle Association of America, Inc., and California Rifle and Pistol Association as Amici Curiae in Support of Appellees and Affirmance. Date of service: 07/15/2015. [9611865] [14-36049] (CDM) [Entered: 07/15/2015 10:31 PM]
July 13, 2015 Filing 29 Filed clerk order: The amicus brief [ # 27 ] submitted by GeorgiaCarry.Org, 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: green. 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. [9608275] (LA) [Entered: 07/13/2015 02:53 PM]
July 13, 2015 Filing 28 Entered appearance of Amicus Curiae GeorgiaCarry.Org, Inc. [9608266] (LA) [Entered: 07/13/2015 02:52 PM]
July 13, 2015 Filing 27 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by GeorgiaCarry.Org, Inc.. Date of service: 07/13/2015. [9606939] [14-36049] (JRM) [Entered: 07/13/2015 08:22 AM]
July 10, 2015 Filing 26 Filed clerk order: The answering brief [ # 22 ] submitted by Alan C. Baker and Elizabeth E. Nesbitt 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. The Court has reviewed the supplemental excerpts of record [ # 22 ] submitted by Alan C. Baker and Elizabeth E. Nesbitt. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [9606405] (KT) [Entered: 07/10/2015 02:55 PM]
July 10, 2015 Filing 25 Filed (ECF) Appellees Alan C. Baker and Elizabeth E. Nesbitt Unopposed Motion to take judicial notice of Facts regarding Dworshak Dam and Reservoir and the population of the State of Idaho. Date of service: 07/10/2015. [9606178] [14-36049] (SJL) [Entered: 07/10/2015 01:42 PM]
July 9, 2015 Filing 24 Streamlined request [23] by Appellant U.S. Army Corps of Engineers to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due.8/12/15 [9603863] (CG) [Entered: 07/09/2015 09:11 AM]
July 9, 2015 Filing 23 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant U.S. Army Corps of Engineers. New requested due date is 08/12/2015. [9603735] [14-36049] (ACW) [Entered: 07/09/2015 06:46 AM]
July 8, 2015 Filing 22 Submitted (ECF) Answering Brief and supplemental excerpts of record for review. Submitted by Appellees Alan C. Baker and Elizabeth E. Nesbitt. Date of service: 07/08/2015. [9603644] [14-36049] --[COURT UPDATE: Attached corrected brief. 07/10/2015 by TYL] (SJL) [Entered: 07/08/2015 05:20 PM]
June 1, 2015 Filing 21 Filed clerk order (Deputy Clerk: amt): Granting unopposed (ECF Filing) motion to extend time to file the answering brief. The answering brief and supplemental excerpts of record are due 07/08/2015. The optional reply brief is due 14 days after service of the answering brief. [9557297] [14-36049] (AT) [Entered: 06/01/2015 03:37 PM]
June 1, 2015 Filing 20 Filed (ECF) Appellees Alan C. Baker and Elizabeth E. Nesbitt Unopposed Motion to extend time to file Answering brief until 07/08/2015. Date of service: 06/01/2015. [9556321] [14-36049] (SJL) [Entered: 06/01/2015 10:36 AM]
April 28, 2015 Filing 19 Streamlined request [18] by Appellees Alan C. Baker and Elizabeth E. Nesbitt to extend time to file the brief is approved. Amended briefing schedule: Appellees Alan C. Baker and Elizabeth E. Nesbitt answering brief due 06/17/2015. The optional reply brief is due 14 days from the date of service of the answering brief. [9517368] (CG) [Entered: 04/28/2015 01:16 PM]
April 27, 2015 Filing 18 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Elizabeth E. Nesbitt and Alan C. Baker. New requested due date is 06/17/2015. [9516354] [14-36049] (SJL) [Entered: 04/27/2015 04:24 PM]
April 21, 2015 Filing 17 Received 7 paper copies of Opening brief [ # 14 ] filed by appellants. [9503780] (SD) [Entered: 04/21/2015 03:47 PM]
April 21, 2015 Filing 16 Filed Appellants' paper copies of excerpts of record [ # 14 ] in 1 volume(s). [9503280] (KT) [Entered: 04/21/2015 01:22 PM]
April 17, 2015 Filing 15 Filed clerk order: The opening brief [ # 14 ] submitted by appellants 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. The Court has reviewed the excerpts of record [ # 14 ] submitted by appellants. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [9500632] (KT) [Entered: 04/17/2015 04:36 PM]
April 17, 2015 Filing 14 Submitted (ECF) Opening Brief and excerpts of record for review. Submitted by Appellants U.S. Army Corps of Engineers, John McHugh, John S. Kem, Andrew D. Kelly and Thomas Bostick. Date of service: 04/17/2015. [9499839] [14-36049] (ACW) [Entered: 04/17/2015 11:30 AM]
February 6, 2015 Filing 13 Filed order MEDIATION (CLB): This appeal is not selected for inclusion in the Mediation Program. All further inquiries regarding this appeal, including requests for extensions of time, should be directed to the Clerks office.[9411973] (WL) [Entered: 02/06/2015 10:35 AM]
February 3, 2015 Filing 12 Streamlined request [11] by Appellants Thomas Bostick, Andrew D. Kelly, John S. Kem, John McHugh and U.S. Army Corps of Engineers to extend time to file the brief is approved. Amended briefing schedule: Appellants Thomas Bostick, Andrew D. Kelly, John S. Kem, John McHugh and U.S. Army Corps of Engineers opening brief due 04/17/2015. Appellees Alan C. Baker and Elizabeth E. Nesbitt answering brief due 05/18/2015. The optional reply brief is due 14 days from the date of service of the answering brief. [9407603] (TH) [Entered: 02/03/2015 03:17 PM]
February 3, 2015 Filing 11 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants U.S. Army Corps of Engineers, John S. Kem, Andrew D. Kelly, John McHugh and Thomas Bostick. New requested due date is 04/17/2015. [9406980] [14-36049] (ACW) [Entered: 02/03/2015 11:50 AM]
January 14, 2015 Filing 10 Filed clerk order (Deputy Clerk: AMT): Appellees unopposed motion to amend the caption is granted. The clerk shall amend court records to reflect appellee as Elizabeth E. Nesbitt, fka Elizabeth Morris. The opening brief remains due March 20, 2015. [9381877] (WL) [Entered: 01/14/2015 10:32 AM]
January 13, 2015 Filing 9 Filed (ECF) Appellees Alan C. Baker and Elizabeth Morris Unopposed Motion for miscellaneous relief [Motion to Amend Caption to Reflect a Name Change]. Date of service: 01/13/2015. [9380607] [14-36049] (SJL) [Entered: 01/13/2015 02:00 PM]
December 29, 2014 Filing 8 MEDIATION CONFERENCE SCHEDULED - The court has scheduled a telephone Assessment Conference, 02/03/2015, 11:00 a.m. PACIFIC Time. The Circuit Mediator will initiate the conference call by contacting each person on the attached list. 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 at least 72 hours in advance of the scheduled call of any corrections to the list....The briefing schedule previously set by the court remains in effect. [9363355] (BS) [Entered: 12/29/2014 10:15 AM]
December 15, 2014 Filing 7 Filed (ECF) notice of appearance of Steven J. Lechner for Appellees Alan C. Baker and Elizabeth Morris. Date of service: 12/15/2014. [9350032] [14-36049] (SJL) [Entered: 12/15/2014 03:06 PM]
December 12, 2014 Filing 6 Filed (ECF) Appellants Thomas Bostick, Andrew D. Kelly, John S. Kem, John McHugh and U.S. Army Corps of Engineers Mediation Questionnaire. Date of service: 12/12/2014. [9347304] [14-36049] (ACW) [Entered: 12/12/2014 11:20 AM]
December 11, 2014 Filing 5 Added attorney Abby Christine Wright for Andrew D. Kelly John McHugh John S. Kem Thomas Bostick U.S. Army Corps of Engineers, in case 14-36049. [9346568] (RR) [Entered: 12/11/2014 04:27 PM]
December 11, 2014 Filing 4 Filed (ECF) notice of appearance of Abby Christine Wright for Appellants Thomas Bostick, Andrew D. Kelly, John S. Kem, John McHugh and U.S. Army Corps of Engineers. Date of service: 12/11/2014. [9345938] [14-36049] (ACW) [Entered: 12/11/2014 01:20 PM]
December 11, 2014 Filing 3 Added attorney Michael Raab for Andrew D. Kelly John McHugh John S. Kem Thomas Bostick U.S. Army Corps of Engineers, in case 14-36049. [9345754] (RR) [Entered: 12/11/2014 12:32 PM]
December 11, 2014 Filing 2 Filed (ECF) notice of appearance of Michael S. Raab for Appellants Thomas Bostick, Andrew D. Kelly, John S. Kem, John McHugh and U.S. Army Corps of Engineers. Date of service: 12/11/2004. [9345666] [14-36049] (MR) [Entered: 12/11/2014 11:54 AM]
December 10, 2014 Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 12/17/2014. Transcript ordered by 01/09/2015. Transcript due 02/09/2015. Appellants Thomas Bostick, Andrew D. Kelly, John S. Kem, John McHugh and U.S. Army Corps of Engineers opening brief due 03/20/2015. Appellees Alan C. Baker and Elizabeth Morris answering brief due 04/20/2015. Appellant's optional reply brief is due 14 days after service of the answering brief. [9344605] (IV) [Entered: 12/10/2014 03:41 PM]

Access additional case information on PACER

Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Search for this case: Elizabeth Nesbitt, et al v. U.S. Army Corps of Engineers, et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant / appellant: U.S. ARMY CORPS OF ENGINEERS
Represented By: Joanne Rodriguez
Represented By: Patrick G. Nemeroff
Represented By: Abby Christine Wright
Represented By: Michael Raab
Represented By: Daniel Riess
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant / appellant: THOMAS BOSTICK, Lieutenant General, Commanding General and Chief Engineers
Represented By: Joanne Rodriguez
Represented By: Patrick G. Nemeroff
Represented By: Abby Christine Wright
Represented By: Michael Raab
Represented By: Daniel Riess
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant / appellant: ANDREW D. KELLY, Lieutenant Colonel, Walla Walla District Comander and District Engineer
Represented By: Joanne Rodriguez
Represented By: Patrick G. Nemeroff
Represented By: Abby Christine Wright
Represented By: Michael Raab
Represented By: Daniel Riess
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant / appellant: JOHN S. KEM, Colonel, Northwestern Division Commander
Represented By: Joanne Rodriguez
Represented By: Patrick G. Nemeroff
Represented By: Abby Christine Wright
Represented By: Michael Raab
Represented By: Daniel Riess
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant / appellant: JOHN MCHUGH, Secretary of the Army
Represented By: Joanne Rodriguez
Represented By: Patrick G. Nemeroff
Represented By: Abby Christine Wright
Represented By: Michael Raab
Represented By: Daniel Riess
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff / appellee: ELIZABETH E. NESBITT, FKA Elizabeth Morris
Represented By: John L. Runft
Represented By: Cody J. Wisniewski
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff / appellee: ALAN C. BAKER
Represented By: John L. Runft
Represented By: Cody J. Wisniewski
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Amicus curiae: NATIONAL RIFLE ASSOCIATION OF AMERICA, INC.
Represented By: Carl D. Michel Esquire
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Amicus curiae: GEORGIACARRY.ORG, INC.
Represented By: John R. Monroe
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Amicus curiae: CALIFORNIA RIFLE AND PISTOL ASSOCIATION
Represented By: Carl D. Michel Esquire
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?