Lower Elwha Klallam Tribe, et al v. Lummi Nation
| UNITED STATES OF AMERICA |
| STATE OF WASHINGTON |
| LOWER ELWHA KLALLAM INDIAN TRIBE, JAMESTOWN S'KLALLAM TRIBE and PORT GAMBLE S'KLALLAM TRIBE |
| LUMMI NATION |
| SWINOMISH INDIAN TRIBAL COMMUNITY, SUQUAMISH TRIBE, MAKAH INDIAN TRIBE, STILLAGUAMISH TRIBE, UPPER SKAGIT INDIAN TRIBE, NISQUALLY INDIAN TRIBE, TULALIP TRIBES and SQUAXIN ISLAND TRIBE |
| 15-35661 |
| August 17, 2015 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutory Actions |
Docket Report
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| Filing 68 MANDATE ISSUED.(MDH, MMM and EEF) Costs taxed against Appellee in the amount of $253.20. [10734148] (JFF) [Entered: 01/23/2018 09:19 AM] |
| Filing 67 Filed order (MICHAEL DALY HAWKINS, M. MARGARET MCKEOWN and ELIZABETH E. FOOTE) The panel votes to deny the petition for rehearing. The full court has been advised of the petition for rehearing and rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petition for panel rehearing and the petition for rehearing en banc are DENIED. [10719795] (OC) [Entered: 01/10/2018 11:24 AM] |
| Filing 66 Filed (ECF) Appellee Lower Elwha Klallam Indian Tribe petition for panel rehearing and petition for rehearing en banc (from 12/01/2017 opinion). Date of service: 12/15/2017. [10693332] [15-35661] (Hough, Samuel) [Entered: 12/15/2017 10:04 PM] |
| Filing 65 Filed (ECF) Appellant Lummi Nation bill of costs (Form 10) in the amount of $253.20 USD. Date of service: 12/15/2017 [10692556] [15-35661] (Maynard, Deanne) [Entered: 12/15/2017 01:28 PM] |
| Filing 64 Filed (ECF) - Tulalip Tribes petition for panel rehearing and petition for rehearing en banc (from 12/01/2017 opinion). Date of service: 12/14/2017. [10690959] --[COURT ENTERED FILING due to technical issues.] (TYL) [Entered: 12/14/2017 01:26 PM] |
| Filing 63 Filed (ECF) Appellees Jamestown S'Klallam Tribe and Port Gamble S'Klallam Tribe petition for panel rehearing and petition for rehearing en banc (from 12/01/2017 opinion). Date of service: 12/12/2017. [10687471] [15-35661] (Rasmussen, Lauren) [Entered: 12/12/2017 11:01 AM] |
| Filing 62 FILED OPINION (MICHAEL DALY HAWKINS, M. MARGARET MCKEOWN and ELIZABETH E. FOOTE) REVERSED AND REMANDED. Judge: MMM Authoring FILED AND ENTERED JUDGMENT. [10674066] (RMM) [Entered: 12/01/2017 06:39 AM] |
| Filing 61 Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [10565470] (KM) [Entered: 08/31/2017 10:49 AM] |
| Filing 60 ARGUED AND SUBMITTED TO MICHAEL DALY HAWKINS, M. MARGARET MCKEOWN and ELIZABETH E. FOOTE. [10563895] (KM) [Entered: 08/30/2017 10:44 AM] |
| Filing 59 Terminated Christopher J. Carr for Lummi Nation in 15-35661 (Csl no longer with firm, filing account not updated) [10539631] (ASW) [Entered: 08/10/2017 09:52 AM] |
| Filing 58 Filed (ECF) Acknowledgment of hearing notice. Location: Seattle. Filed by Attorney Mr. Stephen Hayes Suagee for Appellee Lower Elwha Klallam Indian Tribe. [10484759] [15-35661] (Suagee, Stephen) [Entered: 06/22/2017 02:31 PM] |
| Filing 57 Filed (ECF) Acknowledgment of hearing notice. Location: Seattle. Filed by Attorney Ms. Deanne Maynard for Appellant Lummi Nation. [10482972] [15-35661] (Maynard, Deanne) [Entered: 06/21/2017 02:35 PM] |
| Filing 56 Filed (ECF) Acknowledgment of hearing notice. Location: Seattle. Filed by Attorney Mrs. Lauren Patricia Rasmussen, Esquire for Appellees Jamestown S'Klallam Tribe and Port Gamble S'Klallam Tribe. [10482184] [15-35661] (Rasmussen, Lauren) [Entered: 06/21/2017 09:33 AM] |
| Filing 55 Notice of Oral Argument on Wednesday, August 30, 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. [10478905] (SB) [Entered: 06/19/2017 01:19 PM] |
| Filing 54 Terminated Nathan G. Orf for Suquamish Tribe in 15-35661 [10477321] (KM) [Entered: 06/16/2017 03:07 PM] |
| Filing 53 Filed (ECF) Appellant Lummi Nation Correspondence: regarding availability for oral argument. Date of service: 05/22/2017 [10443105] [15-35661] (Maynard, Deanne) [Entered: 05/22/2017 11:36 AM] |
| Filing 52 This case is being considered for the September 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.[10437678] (AW) [Entered: 05/17/2017 10:22 AM] |
| Filing 51 Filed (ECF) Appellees Jamestown S'Klallam Tribe and Port Gamble S'Klallam Tribe Correspondence: Letter Regarding Availability for Oral Argument. Date of service: 02/27/2017 [10334815] [15-35661] (Rasmussen, Lauren) [Entered: 02/27/2017 02:48 PM] |
| Filing 50 Filed (ECF) Appellant Lummi Nation Correspondence: regarding availability for oral argument. Date of service: 02/24/2017 [10332528] [15-35661] (Maynard, Deanne) [Entered: 02/24/2017 01:13 PM] |
| Filing 49 This case is being considered for the June 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.[10329459] (AW) [Entered: 02/22/2017 02:53 PM] |
| Filing 48 Received 7 paper copies of Reply brief [ # 46 ] filed by Lummi Nation. [9957026] (SD) [Entered: 04/28/2016 02:14 PM] |
| Filing 47 Filed clerk order: The reply brief [ # 46 ] submitted by Lummi Nation 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. [9951264] (TLH) [Entered: 04/25/2016 11:24 AM] |
| Filing 46 Submitted (ECF) Reply Brief for review. Submitted by Appellant Lummi Nation. Date of service: 04/22/2016. [9949818] [15-35661] (Maynard, Deanne) [Entered: 04/22/2016 12:32 PM] |
| Filing 45 Filed clerk order (Deputy Clerk: amt): Granting (ECF Filing) motion to extend time to file the reply brief. The reply brief is due April 22, 2016. [9899392] (AT) [Entered: 03/11/2016 03:32 PM] |
| Filing 44 Filed (ECF) Appellant Lummi Nation Motion to extend time to file Reply brief until 04/22/2016. Date of service: 03/11/2016. [9899143] [15-35661] (Maynard, Deanne) [Entered: 03/11/2016 02:34 PM] |
| Filing 43 Filed Appellee Lower Elwha Klallam Indian Tribe paper copies of supplemental excerpts of record [ # 36 ] in 1 volume. [9884788] (SML) [Entered: 03/01/2016 02:24 PM] |
| Filing 42 Received 7 paper copies of Answering brief [ # 37 ] filed by Lower Elwha Klallam Indian Tribe. [9882996] (SD) [Entered: 02/29/2016 02:58 PM] |
| Filing 41 Filed Appellees Jamestown S'Klallam Tribe and Port Gamble S'Klallam Tribe paper copies of supplemental excerpts of record [ # 34 ] in 1 volume. [9880113] (SML) [Entered: 02/26/2016 11:54 AM] |
| Filing 40 Received 7 paper copies of Answering brief [ # 35 ] filed by Jamestown S'Klallam Tribe and Port Gamble S'Klallam Tribe. [9878571] (SD) [Entered: 02/25/2016 11:51 AM] |
| Filing 39 Filed clerk order: The answering brief [ # 37 ] submitted by Lower Elwha Klallam Indian Tribe 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 [ # 36 ] submitted by Lower Elwha Klallam Indian Tribe. 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. [9875316] (TLH) [Entered: 02/23/2016 03:08 PM] |
| Filing 38 Filed clerk order: The answering brief [ # 35 ] submitted by Jamestown S'Klallam Tribe and Port Gamble S'Klallam Tribe 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 [ # 34 ] submitted by Jamestown S'Klallam Tribe and Port Gamble S'Klallam Tribe. 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. [9875309] (TLH) [Entered: 02/23/2016 03:06 PM] |
| Filing 37 Submitted (ECF) Answering Brief for review. Submitted by Appellee Lower Elwha Klallam Indian Tribe. Date of service: 02/22/2016. [9873950] [15-35661] (Suagee, Stephen) [Entered: 02/22/2016 11:54 PM] |
| Filing 36 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Lower Elwha Klallam Indian Tribe. Date of service: 02/22/2016. [9873948] [15-35661] (Suagee, Stephen) [Entered: 02/22/2016 11:51 PM] |
| Filing 35 Submitted (ECF) Answering Brief for review. Submitted by Appellees Jamestown S'Klallam Tribe and Port Gamble S'Klallam Tribe. Date of service: 02/22/2016. [9872299] [15-35661] (Rasmussen, Lauren) [Entered: 02/22/2016 09:32 AM] |
| Filing 34 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Jamestown S'Klallam Tribe and Port Gamble S'Klallam Tribe. Date of service: 02/19/2016. [9871333] [15-35661] --[COURT UPDATE: Attached corrected excerpts of record. 02/23/2016 by TYL] (Rasmussen, Lauren) [Entered: 02/19/2016 01:58 PM] |
| Filing 33 Filed interested party Suquamish Tribe paper copies of supplemental excerpts of record [ # 28 ] in 1 volume. [9853300] (SML) [Entered: 02/03/2016 03:37 PM] |
| Filing 32 Received 7 paper copies of Intervenor brief [ # 27 ] filed by Suquamish Tribe. [9852887] (SD) [Entered: 02/03/2016 01:35 PM] |
| Filing 31 Received 7 paper copies of Intervenor brief [ # 26 ] filed by Tulalip Tribes. [9851516] (SD) [Entered: 02/02/2016 03:23 PM] |
| Filing 30 Filed clerk order: The intervenor brief [ # 27 ] submitted by Suquamish Tribe 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. The Court has reviewed the supplemental excerpts of record [ # 28 ] submitted by Suquamish Tribe. 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. [9843444] (TLH) [Entered: 01/27/2016 03:53 PM] |
| Filing 29 Filed clerk order: The intervenor brief [ # 26 ] submitted by Tulalip Tribes 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. [9843429] (TLH) [Entered: 01/27/2016 03:48 PM] |
| Filing 28 Submitted (ECF) supplemental excerpts of record. Submitted by - Suquamish Tribe. Date of service: 01/22/2016. [9837717] [15-35661] (Ogan, John) [Entered: 01/22/2016 04:48 PM] |
| Filing 27 Submitted (ECF) Intervenor Brief for review. Submitted by - Suquamish Tribe. Date of service: 01/22/2016. [9837710] [15-35661] --[COURT UPDATE: Updated docket text to reflect correct brief type. 01/27/2016 by TYL] (Ogan, John) [Entered: 01/22/2016 04:43 PM] |
| Filing 26 Submitted (ECF) Intervenor Brief for review. Submitted by - Tulalip Tribes. Date of service: 01/22/2016. [9836866] [15-35661] --[COURT UPDATE: Updated docket text to reflect correct brief type. 01/27/2016 by TYL] (Morisset, Mason) [Entered: 01/22/2016 11:25 AM] |
| Filing 25 Filed Appellant Lummi Nation paper copies of excerpts of record [ # 22 ] in 2 volume(s). [9817598] (SML) [Entered: 01/06/2016 02:25 PM] |
| Filing 24 Received 7 paper copies of Opening brief [ # 21 ] filed by Lummi Nation. [9815742] (SD) [Entered: 01/05/2016 02:30 PM] |
| Filing 23 Filed clerk order: The opening brief [ # 21 ] submitted by Lummi Nation 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 [ # 22 ] submitted by Lummi Nation. 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. [9808915] (TLH) [Entered: 12/29/2015 02:54 PM] |
| Filing 22 Submitted (ECF) excerpts of record. Submitted by Appellant Lummi Nation. Date of service: 12/23/2015. [9803951] [15-35661] (Maynard, Deanne) [Entered: 12/23/2015 01:15 PM] |
| Filing 21 Submitted (ECF) Opening Brief for review. Submitted by Appellant Lummi Nation. Date of service: 12/23/2015. [9803941] [15-35661] (Maynard, Deanne) [Entered: 12/23/2015 01:11 PM] |
| Filing 20 Filed clerk order (Deputy Clerk: AMT): The parties joint stipulated motion to modify the briefing schedule is construed as a motion for leave to allow briefing for Interested Parties. So construed, the motion is granted. The amended briefing schedule is as follows: the opening brief for Appellant is due December 23, 2015; the briefs for Interested Parties are due January 22, 2016; the answering briefs for Appellees are due February 22, 2016; the reply brief for appellant is due within 28 days after service of the latter-served answering brief. In view of the complexity of the briefing schedule, no streamlined requests for extensions of time in which to file briefs will be approved. Any request for more time must be made in writing pursuant to Ninth Circuit Rule 31-2.2(b). [9780635] (OC) [Entered: 12/04/2015 02:55 PM] |
| Filing 19 Filed (ECF) Appellant Lummi Nation Joint Motion for miscellaneous relief [Joint stipulated motion to modify the briefing schedule]. Date of service: 11/24/2015. [9769051] [15-35661] (Maynard, Deanne) [Entered: 11/24/2015 12:24 PM] |
| Filing 18 Terminated William Charles Tobin Jr. for Nisqually Indian Tribe in 15-35661 [9766279] (JFF) [Entered: 11/23/2015 09:28 AM] |
| Filing 17 Filed (ECF) - Nisqually Indian Tribe Correspondence: Notice of Withdrawal of Counsel, Bill Tobin, for the Nisqually Indian Tribe.. Date of service: 11/20/2015 [9764927] [15-35661] (Tobin, William) [Entered: 11/20/2015 01:39 PM] |
| Filing 16 Streamlined request [15] by Appellant Lummi Nation to extend time to file the opening brief is approved. Amended briefing schedule: Appellant Lummi Nation opening brief is due 12/23/2015. Appellees Jamestown S'Klallam Tribe, Lower Elwha Klallam Indian Tribe and Port Gamble S'Klallam Tribe answering brief is due 01/22/2016. The optional reply brief is due within 14 days from the date of service of the answering brief. [9755206] (DO) [Entered: 11/13/2015 01:31 PM] |
| Filing 15 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Lummi Nation. New requested due date is 12/23/2015. [9755051] [15-35661] (Maynard, Deanne) [Entered: 11/13/2015 12:00 PM] |
| Filing 14 Added attorney Brian Matsui, Deanne Maynard, Christopher J. Carr, James Sigel for Lummi Nation, in case 15-35661. [9754637] (JFF) [Entered: 11/13/2015 09:33 AM] |
| Filing 13 Filed (ECF) notice of appearance of James R. Sigel for Appellant Lummi Nation. Date of service: 11/13/2015. [9754406] [15-35661] (Sigel, James) [Entered: 11/13/2015 07:19 AM] |
| Filing 12 Filed (ECF) notice of appearance of Christopher J. Carr for Appellant Lummi Nation. Date of service: 11/13/2015. [9754404] [15-35661] (Carr, Christopher) [Entered: 11/13/2015 07:17 AM] |
| Filing 11 Filed (ECF) notice of appearance of Brian R. Matsui for Appellant Lummi Nation. Date of service: 11/13/2015. [9754403] [15-35661] (Matsui, Brian) [Entered: 11/13/2015 07:14 AM] |
| Filing 10 Filed (ECF) notice of appearance of Deanne E. Maynard for Appellant Lummi Nation. Date of service: 11/13/2015. [9754401] [15-35661] (Maynard, Deanne) [Entered: 11/13/2015 07:09 AM] |
| Filing 9 Added attorney Joseph V. Panesko, Michael S. Grossmann for State of Washington, in case 15-35661. [9660855] (KM) [Entered: 08/26/2015 09:14 AM] |
| Filing 8 Filed Mediation order: This case is not selected for inclusion in the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions. The briefing schedule previously established by the court remains in effect. [9659313] (LW) [Entered: 08/25/2015 10:58 AM] |
| Filing 7 Filed (ECF) Appellant Lummi Nation Mediation Questionnaire. Date of service: 08/24/2015. [9658490] [15-35661] (Buri, Philip) [Entered: 08/24/2015 05:12 PM] |
| Filing 6 Filed (ECF) - Tulalip Tribes Mediation Questionnaire. Date of service: 08/24/2015. [9658095] [15-35661] (Morisset, Mason) [Entered: 08/24/2015 03:16 PM] |
| Filing 5 Filed (ECF) - Swinomish Indian Tribal Community Mediation Questionnaire. Date of service: 08/24/2015. [9657662] [15-35661] (Hutchinson Haley, Emily) [Entered: 08/24/2015 01:12 PM] |
| Filing 4 Filed (ECF) - Suquamish Tribe Mediation Questionnaire. Date of service: 08/21/2015. [9656670] [15-35661] (Arnett, Howard) [Entered: 08/21/2015 03:43 PM] |
| Filing 3 Added attorney Philip J. Buri for Lummi Nation, in case 15-35661. [9653266] (JFF) [Entered: 08/19/2015 04:13 PM] |
| Filing 2 Filed (ECF) notice of appearance of Philip J. Buri for Appellant Lummi Nation. Date of service: 08/19/2015. [9652632] [15-35661] (Buri, Philip) [Entered: 08/19/2015 01:10 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 08/24/2015. Transcript ordered by 09/14/2015. Transcript due 10/13/2015. Appellant Lummi Nation opening brief due 11/23/2015. Appellees Jamestown S'Klallam Tribe, Lower Elwha Klallam Indian Tribe and Port Gamble S'Klallam Tribe answering brief due 12/22/2015. Appellant's optional reply brief is due 14 days after service of the answering brief. [9649846] (KM) [Entered: 08/17/2015 03:37 PM] |
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