Center for Biological Diversit, et al v. USFS, et al
| SAFARI CLUB INTERNATIONAL, NATIONAL RIFLE ASSOCIATION OF AMERICA, INC. and NATIONAL SHOOTING SPORTS FOUNDATION, INC., |
| GRAND CANYON WILDLANDS COUNCIL, SIERRA CLUB and CENTER FOR BIOLOGICAL DIVERSITY |
| UNITED STATES FOREST SERVICE, a United States Government Agency |
| 17-15790 |
| April 20, 2017 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 58 MANDATE ISSUED.(MSB, MTF and KC) Costs taxed against Appellee in the amount of $177.60. [11370699] (NAC) [Entered: 07/22/2019 07:42 AM] |
| Filing 57 Filed (ECF) Appellants Center for Biological Diversity, Grand Canyon Wildlands Council and Sierra Club bill of costs (Form 10) in the amount of $177.60 USD. Date of service: 06/13/2019 [11329697] [17-15790] (Comerford, Lia) [Entered: 06/13/2019 10:35 AM] |
| Filing 56 FILED OPINION (MARSHA S. BERZON, MICHELLE T. FRIEDLAND and KATHLEEN CARDONE) REVERSED AND REMANDED. Judge: MSB Authoring, FILED AND ENTERED JUDGMENT. [11312997] (RMM) [Entered: 05/30/2019 09:17 AM] |
| Filing 55 Filed text clerk order (Deputy Clerk: OC): Appellee's motion to strike (Dkt: [ # 21 ]), is denied. [11306330] (OC) [Entered: 05/22/2019 03:38 PM] |
| Filing 54 Terminated Douglas Scott Burdin for Safari Club International in 17-15790 [11246565] (NAC) [Entered: 03/29/2019 11:40 AM] |
| Filing 53 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Mr. Douglas Scott Burdin for Appellee Safari Club International. Party proceeding without counsel: No. Date of service: 03/29/2019. [11246560] [17-15790] (Burdin, Douglas) [Entered: 03/29/2019 11:38 AM] |
| Filing 52 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/ [11005027] (BJK) [Entered: 09/07/2018 04:46 PM] |
| Filing 51 ARGUED AND SUBMITTED TO MARSHA S. BERZON, MICHELLE T. FRIEDLAND and KATHLEEN CARDONE. [11004486] (AKM) [Entered: 09/07/2018 01:22 PM] |
| Filing 50 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Allen M. Brabender, Esquire for Appellee USFS. [10934376] [17-15790] (Brabender, Allen) [Entered: 07/09/2018 07:06 AM] |
| Filing 49 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Norman Daniel James, Esquire for Appellee National Shooting Sports Foundation, Inc.,. [10923384] [17-15790] (James, Norman) [Entered: 06/26/2018 05:09 PM] |
| Filing 48 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Allison Michelle LaPlante for Appellants Center for Biological Diversity, Grand Canyon Wildlands Council and Sierra Club. [10922499] [17-15790] (LaPlante, Allison) [Entered: 06/26/2018 11:51 AM] |
| Filing 47 Added attorney Ronald W. Opsahl for National Shooting Sports Foundation, Inc.,, in case 17-15790. [10921469] (NAC) [Entered: 06/25/2018 04:08 PM] |
| Filing 46 Filed (ECF) notice of appearance of Ronald Walter Opsahl for Appellee National Shooting Sports Foundation, Inc.,. Date of service: 06/25/2018. [10920761] [17-15790] (Opsahl, Ronald) [Entered: 06/25/2018 01:02 PM] |
| Filing 45 Notice of Oral Argument on Friday, September 7, 2018 - 09:30 A.M. - Courtroom 1 - San Francisco CA. 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: SAN FRANCISCO Office. [10920016] (AKM) [Entered: 06/25/2018 08:39 AM] |
| Filing 44 Filed (ECF) Appellee USFS Correspondence: Regarding Availability for Oral Argument. Date of service: 05/30/2018 [10888829] [17-15790] (Brabender, Allen) [Entered: 05/30/2018 07:01 AM] |
| Filing 43 Filed (ECF) Appellee Safari Club International Correspondence: Letter regarding availability for oral argument.. Date of service: 05/29/2018 [10888267] [17-15790] (Burdin, Douglas) [Entered: 05/29/2018 03:08 PM] |
| Filing 42 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for September 2018 and the two subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please inform the court within 3 days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : request for mediation).[10887802] (AW) [Entered: 05/29/2018 12:12 PM] |
| Filing 41 Added attorney Michael T Jean for NRA. [10780428] (RL) [Entered: 02/28/2018 09:40 AM] |
| Filing 40 Filed (ECF) notice of appearance of Michael Thomas Jean for Appellee NRA. Date of service: 02/28/2018. [10780231] [17-15790] (Jean, Michael) [Entered: 02/28/2018 06:47 AM] |
| Filing 39 Filed (ECF) Appellee Safari Club International Correspondence: Letter regarding availability for oral argument. Date of service: 02/26/2018 [10777551] [17-15790] (Burdin, Douglas) [Entered: 02/26/2018 02:31 PM] |
| Filing 38 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for June 2018 and the two subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please inform the court within 3 days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : request for mediation).[10770498] (AW) [Entered: 02/20/2018 06:05 PM] |
| Filing 37 Received 7 paper copies of Reply Brief [ # 35 ] filed by Center for Biological Diversity, Grand Canyon Wildlands Council and Sierra Club. [10673514] (SD) [Entered: 11/30/2017 02:28 PM] |
| Filing 36 Filed clerk order: The reply brief [ # 35 ] submitted by Center for Biological Diversity, Grand Canyon Wildlands Council 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: 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 CM/ECF. [10661860] (GV) [Entered: 11/20/2017 05:48 PM] |
| Filing 35 Submitted (ECF) Reply Brief for review. Submitted by Appellants Center for Biological Diversity, Grand Canyon Wildlands Council and Sierra Club. Date of service: 11/17/2017. [10659753] [17-15790] (LaPlante, Allison) [Entered: 11/17/2017 05:21 PM] |
| Filing 34 Received 7 paper copies of Answering Brief [ # 27 ] filed by NRA and Safari Club International. [10642905] (RG) [Entered: 11/03/2017 12:21 PM] |
| Filing 33 Received 7 paper copies of Answering Brief [ # 28 ] filed by National Shooting Sports Foundation, Inc.,. [10641410] (RG) [Entered: 11/02/2017 12:55 PM] |
| Filing 32 Received 7 paper copies of Answering Brief [ # 24 ] filed by USFS. [10639785] (RG) [Entered: 11/01/2017 12:52 PM] |
| Filing 31 Filed 4 paper copies of supplemental excerpts of record [ # 25 ] in 1 volume(s) filed by Appellee USFS. [10638168] (KWG) [Entered: 10/31/2017 01:33 PM] |
| Filing 30 Filed clerk order: The joint answering brief [ # 27 ] submitted by NRA and Safari Club International 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 CM/ECF. [10636841] (KWG) [Entered: 10/30/2017 04:16 PM] |
| Filing 29 Filed clerk order: The answering brief [ # 28 ] submitted by National Shooting Sports Foundation, 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: 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 CM/ECF. [10635852] (KWG) [Entered: 10/30/2017 11:19 AM] |
| Filing 28 Submitted (ECF) Answering Brief for review. Submitted by Appellee National Shooting Sports Foundation, Inc.,. Date of service: 10/27/2017. [10635045] [17-15790]--[COURT UPDATE: Attached correct PDF of brief. 10/30/2017 by SLM] (James, Norman) [Entered: 10/27/2017 04:18 PM] |
| Filing 27 Submitted (ECF) Answering Brief for review. Submitted by Appellees NRA and Safari Club International. Date of service: 10/27/2017. [10634889] [17-15790]--[COURT UPDATE: Attached corrected brief. 10/30/2017 by SLM] (Burdin, Douglas) [Entered: 10/27/2017 03:30 PM] |
| Filing 26 Filed clerk order: The answering brief [ # 24 ] submitted by USFS 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 CM/ECF. The Court has reviewed the supplemental excerpts of record [ # 25 ] submitted by USFS. 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. [10634527] (KWG) [Entered: 10/27/2017 01:24 PM] |
| Filing 25 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee USFS. Date of service: 10/27/2017. [10634501] [17-15790] (Brabender, Allen) [Entered: 10/27/2017 01:15 PM] |
| Filing 24 Submitted (ECF) Answering Brief for review. Submitted by Appellee USFS. Date of service: 10/27/2017. [10634485] [17-15790] (Brabender, Allen) [Entered: 10/27/2017 01:07 PM] |
| Filing 23 Filed clerk order (Deputy Clerk: LK): Intervenor-Defendant-Appellee National Shooting Sports Foundations opposed motion (Docket Entry No. [ # 21 ]) to strike portion of appellants opening brief and any related filings are referred to the panel assigned to consider the merits of the case. The current briefing schedule shall remain in effect. [10620527] (GWL) [Entered: 10/17/2017 11:45 AM] |
| Filing 22 Filed (ECF) Appellants Center for Biological Diversity, Grand Canyon Wildlands Council and Sierra Club response opposing motion ([ # 21 ] Motion (ECF Filing), [ # 21 ] Motion (ECF Filing) motion to strike portion or whole of document). Date of service: 10/16/2017. [10619797] [17-15790] (Comerford, Lia) [Entered: 10/16/2017 07:07 PM] |
| Filing 21 Filed (ECF) Appellee National Shooting Sports Foundation, Inc., Motion to strike portion of Motion of National Shooting Sports Foundation, Inc., to Strike Portions of Appellants' Opening Brief. Date of service: 10/04/2017. [10606575] [17-15790] (James, Norman) [Entered: 10/04/2017 05:10 PM] |
| Filing 20 Filed order (Appellate Commissioner): The unopposed application for an exemption under Ninth Circuit Rule 46-5 (Docket Entry No. [ # 15 ]) is granted. Bradley Pew, Esq., may represent National Shooting Sports Foundation, Inc. in this appeal. The answering brief remains due October 27, 2017. The optional reply brief is due within 21 days after service of the answering brief. (MOATT) [10593337] (AF) [Entered: 09/25/2017 03:43 PM] |
| Filing 19 Streamlined request [18] by Appellee Safari Club International to extend time to file the brief is approved FOR ALL APPELLEES. Amended briefing schedule: Appellees National Rifle Association of America, Inc., National Shooting Sports Foundation, Inc.,, Safari Club International and United States Forest Service answering brief due 10/27/2017. The optional reply brief is due 21 days from the date of service of the answering brief. [10585304] (DJW) [Entered: 09/18/2017 03:59 PM] |
| Filing 18 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Safari Club International and NRA. New requested due date is 10/27/2017. [10584526] [17-15790] (Burdin, Douglas) [Entered: 09/18/2017 11:11 AM] |
| Filing 17 Filed four paper copies of excerpts of record [ # 13 ] in 2 volume(s) filed by Appellants Center for Biological Diversity, et al. [10576885] (GV) [Entered: 09/11/2017 04:30 PM] |
| Filing 16 Received 7 paper copies of Opening Brief [ # 12 ] filed by Center for Biological Diversity, Grand Canyon Wildlands Council and Sierra Club. [10576190] (DB) [Entered: 09/11/2017 01:03 PM] |
| Filing 15 Filed (ECF) Appellee National Shooting Sports Foundation, Inc., Motion for 46-5 exemption. Date of service: 09/08/2017. [10575135] [17-15790] (James, Norman) [Entered: 09/08/2017 05:10 PM] |
| Filing 14 Filed clerk order: The opening brief [ # 12 ] submitted by Center for Biological Diversity, Grand Canyon Wildlands Council 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: 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 CM/ECF. The Court has reviewed the excerpts of record [ # 13 ] submitted by Center for Biological Diversity, Grand Canyon Wildlands Council and Sierra Club. 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. [10568069] (GV) [Entered: 09/01/2017 05:39 PM] |
| Filing 13 Submitted (ECF) excerpts of record. Submitted by Appellants Center for Biological Diversity, Grand Canyon Wildlands Council and Sierra Club. Date of service: 08/30/2017. [10564998] [17-15790] --[COURT UPDATE: Attached corrected excerpts of record. 9/1/2017 by TYL] (LaPlante, Allison) [Entered: 08/30/2017 07:44 PM] |
| Filing 12 Submitted (ECF) Opening Brief for review. Submitted by Appellants Center for Biological Diversity, Grand Canyon Wildlands Council and Sierra Club. Date of service: 08/30/2017. [10564996] [17-15790] --[COURT UPDATE: Attached corrected brief. 9/1/2017 by TYL] (LaPlante, Allison) [Entered: 08/30/2017 07:39 PM] |
| Filing 11 Streamlined request [10] by Appellants Center for Biological Diversity, Grand Canyon Wildlands Council and Sierra Club to extend time to file the brief is approved. Amended briefing schedule: Appellants Center for Biological Diversity, Grand Canyon Wildlands Council and Sierra Club opening brief due 08/30/2017. Appellees National Rifle Association of America, Inc., National Shooting Sports Foundation, Inc.,, Safari Club International and United States Forest Service answering brief due 09/29/2017. The optional reply brief is due 21 days from the date of service of the answering brief. [10503245] (BG) [Entered: 07/10/2017 03:06 PM] |
| Filing 10 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Center for Biological Diversity, Grand Canyon Wildlands Council and Sierra Club. New requested due date is 08/30/2017. [10503205] [17-15790] (Comerford, Lia) [Entered: 07/10/2017 02:56 PM] |
| Filing 9 Added attorney Lia Comerford for Grand Canyon Wildlands Council Center for Biological Diversity Sierra Club, in case 17-15790. [10503179] (SW) [Entered: 07/10/2017 02:51 PM] |
| Filing 8 Filed (ECF) notice of appearance of Lia Catherine Comerford for Appellants Center for Biological Diversity, Grand Canyon Wildlands Council and Sierra Club. Date of service: 07/10/2017. [10502727] [17-15790] (Comerford, Lia) [Entered: 07/10/2017 12:13 PM] |
| Filing 7 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions. [10451868] (VS) [Entered: 05/30/2017 11:19 AM] |
| Filing 6 Filed (ECF) Appellants Center for Biological Diversity, Grand Canyon Wildlands Council and Sierra Club Correspondence: Notice Regarding Ordering Transcripts. Date of service: 05/22/2017 [10443093] [17-15790] (LaPlante, Allison) [Entered: 05/22/2017 11:29 AM] |
| Filing 5 Filed Mediation order: This case is under consideration for inclusion in the Mediation Program. By 05/25/2017 , counsel for all parties intending to file briefs in this matter are requested to inform the Circuit Mediator by email of their clients' views on whether the issues on appeal or the underlying dispute might be amenable to settlement presently or in the foreseeable future. This communication will be kept confidential, if requested... This communication should not be filed with the court... The existing briefing schedule remains in effect... [10430525] (VS) [Entered: 05/11/2017 09:28 AM] |
| Filing 4 Filed (ECF) Appellants Center for Biological Diversity, Grand Canyon Wildlands Council and Sierra Club Mediation Questionnaire. Date of service: 04/27/2017. [10413913] [17-15790] (LaPlante, Allison) [Entered: 04/27/2017 02:34 PM] |
| Filing 3 Added attorney Allen M. Brabender for USFS, in case 17-15790. [10410873] (MT) [Entered: 04/25/2017 04:00 PM] |
| Filing 2 Filed (ECF) notice of appearance of Allen M. Brabender for Appellee USFS. Date of service: 04/25/2017. [10410314] [17-15790] (Brabender, Allen) [Entered: 04/25/2017 01:40 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 04/27/2017. Transcript ordered by 05/22/2017. Transcript due 06/19/2017. Appellants Center for Biological Diversity, Grand Canyon Wildlands Council and Sierra Club opening brief due 07/31/2017. Appellees National Rifle Association of America, Inc., National Shooting Sports Foundation, Inc.,, Safari Club International and United States Forest Service answering brief due 08/28/2017. Appellant's optional reply brief is due 14 days after service of the answering brief. [10404662] (JMR) [Entered: 04/20/2017 01:55 PM] |
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