OBOT v. City of Oakland, et al
| NATIONAL ASSOCIATION OF MANUFACTURERS, THE AMERICAN FARM BUREAU FEDERATION, WEST OAKLAND ENVIRONMENTAL INDICATORS PROJECT, ASIAN PACIFIC ENVIRONMENTAL NETWORK; NO COAL IN OAKLAND; WEST OAKLAND NEIGHBORS; COMMUNITIES FOR A BETTER ENVIRONMENT; and CENTER FOR BIOLOGICAL DIVERSITY, AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS, ARTHUR CHEN, MD; WENDEL BRUNNER, PhD, MD, MPH; WENDY J. PARMET; JULIA WALSH, MD, MSc; CLAIRE BROOME, MD; THOMAS McKONE, PhD; and JOHN SWARTZBERG, MD, FACP, CALIFORNIA STATE ASSOCIATION OF COUNTIES, EAST BAY REGIONAL PARK DISTRICT, CALIFORNIA BUILDING INDUSTRY ASSOCIATION, NATIONAL MINING ASSOCIATION and STATE OF CALIFORNIA |
| OAKLAND BULK & OVERSIZED TERMINAL, LLC |
| SAN FRANCISCO BAYKEEPER and SIERRA CLUB |
| CITY OF OAKLAND |
| 18-16105 |
| June 14, 2018 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 99 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/ [11497406] [18-16105, 18-16141] (DO) [Entered: 11/13/2019 10:48 AM] |
| Filing 98 ARGUED AND SUBMITTED TO CARLOS T. BEA, KENNETH K. LEE and LAWRENCE L. PIERSOL. [11495751] [18-16105, 18-16141] (QDL) [Entered: 11/12/2019 11:08 AM] |
| Filing 97 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Robert Paul Feldman for Appellee Oakland Bulk & Oversized Terminal, LLC in 18-16105, 18-16141. Hearing in San Francisco on 11/12/2019 at 09:00 A.M. (Courtroom: Courtroom 2). Filer sharing argument time: No. (Argument minutes: 20.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 10/18/2019. [11469594] [18-16105, 18-16141] (Feldman, Robert) [Entered: 10/18/2019 11:50 AM] |
| Filing 96 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Colin Casey O'Brien, Esquire for Appellants Sierra Club and San Francisco Baykeeper in 18-16141. Hearing in San Francisco on 11/12/2019 at 09:00 A.M. (Courtroom: 2). Filer sharing argument time: Yes. (Argument minutes: 6.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 10/17/2019. [11468663] [18-16105, 18-16141] (O'Brien, Colin) [Entered: 10/17/2019 03:37 PM] |
| Filing 95 Filed (ECF) Acknowledgment of hearing notice by Attorney Stacey Leyton for Appellant City of Oakland in 18-16105. Hearing in San Francisco on 11/12/2019 at 09:00 A.M. (Courtroom: Courtroom 2). Filer sharing argument time: Yes. (Argument minutes: 14.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 10/17/2019. [11468534] [18-16105, 18-16141] (Leyton, Stacey) [Entered: 10/17/2019 03:03 PM] |
| Filing 94 Notice of Oral Argument on Tuesday, November 12, 2019 - 09:00 A.M. - Courtroom 2 - 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). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Tuesday, November 12, 2019. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11417748][Array,18-16105,18-16141] (AW) [Entered: 09/01/2019 06:12 AM] |
| Filing 93 Terminated participation of Court Reporter Lydia Radovich Zinn in this case (no longer in function, other court reporter remaining on case). [11406794] [18-10305, 18-10370, 18-10362, 18-10371, 18-10392, 18-10393, 18-15647, 18-15884, 18-15890, 18-15974, 18-16082, 18-16096, 18-16105, 18-16141, 18-16170, 18-16173, 18-16213, 18-16223, 18-16236, 18-16284, 18-16285, 18-16315, 18-16317, 18-16316, 18-16304, 18-16654, 18-16721, 18-16908] (RY) [Entered: 08/22/2019 11:38 AM] |
| Filing 92 Filed (ECF) Attorney Mr. James Michael Finberg for Appellant City of Oakland in 18-16105 response to notice for case being considered for oral argument. Date of service: 07/24/2019. [11375330] [18-16105, 18-16141] (Finberg, James) [Entered: 07/24/2019 01:56 PM] |
| Filing 91 Filed (ECF) Attorney Mr. Robert Paul Feldman for Appellee Oakland Bulk & Oversized Terminal, LLC in 18-16105, 18-16141 response to notice for case being considered for oral argument. Date of service: 07/23/2019. [11374087] [18-16105, 18-16141] (Feldman, Robert) [Entered: 07/23/2019 03:38 PM] |
| Filing 90 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for November 2019 and the 2 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 file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. 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 business days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : request for mediation).[11373523][18-16105,18-16141] (AW) [Entered: 07/23/2019 12:11 PM] |
| Filing 89 Filed 4 paper copies of further excerpts of record [ # 84 ] in 1 volume(s) filed by Appellant City of Oakland. [11289447] [18-16105, 18-16141] (KWG) [Entered: 05/07/2019 01:44 PM] |
| Filing 88 Received 7 paper copies of Reply Brief [ # 83 ] filed by City of Oakland. [11288889] [18-16105, 18-16141] (SD) [Entered: 05/07/2019 10:13 AM] |
| Filing 87 Received 7 paper copies of Reply Brief [ # 82 ] filed by San Francisco Baykeeper and Sierra Club. [11283657] [18-16105, 18-16141] (SD) [Entered: 05/01/2019 02:31 PM] |
| Filing 86 Filed clerk order: The reply brief [ # 83 ] submitted by City of Oakland 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 Court has reviewed the further excerpts of record [ # 84 ] submitted by City of Oakland. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11283022] [18-16105, 18-16141] (KWG) [Entered: 05/01/2019 09:40 AM] |
| Filing 85 Filed clerk order: The reply brief [ # 82 ] submitted by San Francisco Baykeeper 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 submitted to the principal office of the Clerk. [11282979] [18-16105, 18-16141] (KWG) [Entered: 05/01/2019 09:06 AM] |
| Filing 84 Submitted (ECF) further excerpts of record. Submitted by Appellant City of Oakland in 18-16105. Date of service: 04/30/2019. [11282611] [18-16105, 18-16141] (Leyton, Stacey) [Entered: 04/30/2019 03:58 PM] |
| Filing 83 Submitted (ECF) Reply Brief for review. Submitted by Appellant City of Oakland in 18-16105. Date of service: 04/30/2019. [11282602] [18-16105, 18-16141] (Leyton, Stacey) [Entered: 04/30/2019 03:56 PM] |
| Filing 82 Submitted (ECF) Reply Brief for review. Submitted by Appellants San Francisco Baykeeper and Sierra Club in 18-16141. Date of service: 04/30/2019. [11282441] [18-16105, 18-16141] (O'Brien, Colin) [Entered: 04/30/2019 02:42 PM] |
| Filing 81 Filed clerk order (Deputy Clerk: SM): Defendant-appellant City of Oakland and intervenor-defendants-appellants Sierra Club and San Francisco Baykeepers joint motion (Docket Entry No. [ # 80 ]) for an extension of time to file the reply briefs is granted. The optional reply briefs are due April 30, 2019. [11205850] [18-16105, 18-16141] (AF) [Entered: 02/25/2019 10:47 AM] |
| Filing 80 Filed (ECF) Appellant City of Oakland in 18-16105 Joint Motion to extend time to file Reply brief until 04/30/2019. Date of service: 02/21/2019. [11202428] [18-16105, 18-16141]--[COURT UPDATE: Edited docket text to reflect correct relief type. 02/21/2019 by RY] (Leyton, Stacey) [Entered: 02/21/2019 10:54 AM] |
| Filing 78 Received 7 paper copies of Amicus Brief [ # 73 ] filed by National Mining Association, National Association of Manufacturers, American Farm Bureau Federation and American Fuel & Petrochemical Manufacturers . [11201146] [18-16105, 18-16141] (DB) [Entered: 02/20/2019 12:48 PM] |
| Filing 79 Filed 4 paper copies of supplemental excerpts of record [ # 68 ] in 2 volume(s) filed by Appellee Oakland Bulk & Oversized Terminal, LLC. [11201621] [18-16105, 18-16141] (LA) [Entered: 02/20/2019 03:20 PM] |
| Filing 77 Received 7 paper copies of Answering Brief [ # 67 ] filed by Oakland Bulk & Oversized Terminal, LLC. [11200185] [18-16105, 18-16141] (DB) [Entered: 02/19/2019 05:08 PM] |
| Filing 76 Filed clerk order: The amicus brief [ # 73 ] submitted by National Mining Association, National Association of Manufacturers, American Farm Bureau Federation and American Fuel & Petrochemical Manufacturers 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 submitted to the principal office of the Clerk. [11197996] [18-16105, 18-16141] (LA) [Entered: 02/15/2019 04:32 PM] |
| Filing 75 Entered appearance of Amici Curiae National Mining Association, National Association of Manufacturers, American Farm Bureau Federation and American Fuel & Petrochemical Manufacturers in 18-16105 and 18-16141. [11197985] [18-16105, 18-16141] (LA) [Entered: 02/15/2019 04:27 PM] |
| Filing 74 Received 7 paper copies of Amicus Brief [ # 70 ] filed by CBIA. [11192149] [18-16105, 18-16141] (DB) [Entered: 02/15/2019 12:41 PM] |
| Filing 73 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by The National Mining Association, National Association of Manufacturers, American Farm Bureau Federation, and American Fuel & Petrochemical Manufacturers. Date of service: 02/15/2019. [11191214] [18-16105, 18-16141] (Kimberly, Michael) [Entered: 02/15/2019 07:34 AM] |
| Filing 72 Filed clerk order: The amicus brief [ # 70 ] submitted by California Building Industry 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 submitted to the principal office of the Clerk. [11190448] [18-16105, 18-16141] (LA) [Entered: 02/14/2019 12:11 PM] |
| Filing 71 Entered appearance of Amicus Curiae California Building Industry Association in 18-16105 and 18-16141. [11190443] [18-16105, 18-16141] (LA) [Entered: 02/14/2019 12:09 PM] |
| Filing 70 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by The California Building Industry Association. Date of service: 02/13/2019. [11189087] [18-16105, 18-16141] (Bley, Kenneth) [Entered: 02/13/2019 01:49 PM] |
| Filing 69 Filed clerk order: The answering brief [ # 67 ] submitted by Oakland Bulk & Oversized Terminal, LLC 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 Court has reviewed the supplemental excerpts of record [ # 68 ] submitted by Oakland Bulk & Oversized Terminal, LLC. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11186022] [18-16105, 18-16141] (LA) [Entered: 02/11/2019 02:34 PM] |
| Filing 68 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Oakland Bulk & Oversized Terminal, LLC in 18-16105, 18-16141. Date of service: 02/08/2019. [11184612] [18-16105, 18-16141] (Feldman, Robert) [Entered: 02/08/2019 04:42 PM] |
| Filing 67 Submitted (ECF) Answering Brief for review. Submitted by Appellee Oakland Bulk & Oversized Terminal, LLC in 18-16105, 18-16141. Date of service: 02/08/2019. [11184593] [18-16105, 18-16141]--[COURT UPDATE: Attached corrected brief. 02/11/2019 by LA] (Feldman, Robert) [Entered: 02/08/2019 04:37 PM] |
| Filing 66 Added attorney Jamilah A. Jefferson, Maria Bee for City of Oakland, in case 18-16105. [11146110] [18-16105, 18-16141] (CW) [Entered: 01/09/2019 06:54 AM] |
| Filing 65 Filed (ECF) notice of appearance of Maria Bee for Appellant City of Oakland in 18-16105. Date of service: 01/08/2019. (Party previously proceeding without counsel: No) [11145962] [18-16105, 18-16141] (Bee, Maria) [Entered: 01/08/2019 04:25 PM] |
| Filing 64 Filed (ECF) notice of appearance of Jamilah A. Jefferson for Appellant City of Oakland in 18-16105. Date of service: 01/08/2019. (Party previously proceeding without counsel: No) [11145952] [18-16105, 18-16141] (Jefferson, Jamilah) [Entered: 01/08/2019 04:20 PM] |
| Filing 63 Terminated Colin T. Bowen for City of Oakland in 18-16105 [11141071] [18-16105, 18-16141] (CW) [Entered: 01/04/2019 07:11 AM] |
| Filing 62 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Mr. Colin T. Bowen, Esquire for Appellant City of Oakland in 18-16105. Party proceeding without counsel: No. Date of service: 01/03/2019. [11140645] [18-16105, 18-16141] (Leyton, Stacey) [Entered: 01/03/2019 03:07 PM] |
| Filing 61 Streamlined request [60] by Appellee Oakland Bulk & Oversized Terminal, LLC in 18-16105, 18-16141 to extend time to file the brief is approved. Amended briefing schedule: Appellee Oakland Bulk & Oversized Terminal, LLC answering brief due 02/08/2019. The optional reply brief is due 21 days from the date of service of the answering brief. [11140286] [18-16105, 18-16141] (DLM) [Entered: 01/03/2019 12:40 PM] |
| Filing 60 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Oakland Bulk & Oversized Terminal, LLC in 18-16105, 18-16141. New requested due date is 02/08/2019. [11140168] [18-16105, 18-16141] (March, Andrew) [Entered: 01/03/2019 11:48 AM] |
| Filing 59 Received 7 paper copies of Amicus Brief [ # 40 ] filed by Arthur Chen, et al. [11134251] [18-16105, 18-16141] (DB) [Entered: 12/26/2018 06:15 PM] |
| Filing 58 Received 7 paper copies of Amicus Brief [ # 42 ] filed by State of California. [11132931] [18-16105, 18-16141] (DB) [Entered: 12/24/2018 04:01 PM] |
| Filing 57 Filed 4 paper copies of joint excerpts of record [ # 34 ] in 9 volume(s) filed by appellants. [11132910] [18-16105, 18-16141] (LA) [Entered: 12/24/2018 03:44 PM] |
| Filing 56 Received corrected deficiency of replacement paper copies of Volume 8 of excerpts of record with complete pages from appellants. [11132907] [18-16105, 18-16141] (LA) [Entered: 12/24/2018 03:43 PM] |
| Filing 55 Received 7 paper copies of Amicus Brief [ # 39 ] filed by East Bay Regional Park District. [11132902] [18-16105, 18-16141] (DB) [Entered: 12/24/2018 03:40 PM] |
| Filing 54 Received 7 paper copies of Amicus Brief [ # 43 ] filed by West Oakland Environmental Indicators Project, et al. [11131742] [18-16105, 18-16141] (DB) [Entered: 12/21/2018 04:58 PM] |
| Filing 53 Filed clerk order: The amicus brief [ # 40 ] submitted by Arthur Chen, et al. 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 submitted to the principal office of the Clerk. [11126825] [18-16105, 18-16141] (LA) [Entered: 12/19/2018 03:08 PM] |
| Filing 52 Received 7 paper copies of Amicus Brief [ # 44 ] filed by CSAC. [11126482] [18-16105, 18-16141] (DB) [Entered: 12/19/2018 01:50 PM] |
| Filing 51 Received 4 paper copies of appellants' joint excerpts of record [ # 34 ] in 9 volumes. Deficiencies: Pages 1839-1855 are cut off. Notified counsel (see attached notice). [11125319] [18-16105, 18-16141] (LA) [Entered: 12/18/2018 06:11 PM] |
| Filing 50 Received 7 paper copies of Opening Brief [ # 33 ] filed by City of Oakland. [11124417] [18-16105, 18-16141] (DB) [Entered: 12/18/2018 12:56 PM] |
| Filing 49 Filed clerk order: The amicus brief [ # 44 ] submitted by California State Association of Counties 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 submitted to the principal office of the Clerk. [11123327] [18-16105, 18-16141] (LA) [Entered: 12/17/2018 04:51 PM] |
| Filing 48 Filed clerk order: The amicus brief [ # 43 ] submitted by West Oakland Environmental Indicators Project, et al. 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 submitted to the principal office of the Clerk. [11123320] [18-16105, 18-16141] (LA) [Entered: 12/17/2018 04:49 PM] |
| Filing 47 Filed clerk order: The amicus brief [ # 42 ] submitted by State of California 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 submitted to the principal office of the Clerk. [11123316] [18-16105, 18-16141] (LA) [Entered: 12/17/2018 04:48 PM] |
| Filing 46 Filed clerk order: The amicus brief [ # 39 ] submitted by East Bay Regional Park District 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 submitted to the principal office of the Clerk. [11123309] [18-16105, 18-16141] (LA) [Entered: 12/17/2018 04:46 PM] |
| Filing 45 Entered appearance of Amici Curiae State of California, West Oakland Environmental Indicators Project, et al., and California State Association of Counties in 18-16105 and 18-16141. [11123303] [18-16105, 18-16141] (LA) [Entered: 12/17/2018 04:44 PM] |
| Filing 44 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by California State Association of Counties. Date of service: 12/17/2018. [11123223] [18-16105, 18-16141] (Greenberg, Susan) [Entered: 12/17/2018 04:16 PM] |
| Filing 43 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by WEST OAKLAND ENVIRONMENTAL INDICATORS PROJECT, ASIAN PACIFIC ENVIRONMENTAL NETWORK, NO COAL IN OAKLAND, WEST OAKLAND NEIGHBORS, COMMUNITIES FOR A BETTER ENVIRONMENT, and CENTER FOR BIOLOGICAL DIVERSITY. Date of service: 12/17/2018. [11123103] [18-16105, 18-16141] (Evans, Jonathan) [Entered: 12/17/2018 03:30 PM] |
| Filing 42 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Brief of the State of California as Amicus Curiae in Support of Appellant and Reversal. Date of service: 12/17/2018. [11122934] [18-16105, 18-16141] (Peesapati, Suma) [Entered: 12/17/2018 02:41 PM] |
| Filing 41 Entered appearance of Amici Curiae East Bay Regional Park District and Arthur Chen, et al. in 18-16105 and 18-16141. [11122843] [18-16105, 18-16141] (LA) [Entered: 12/17/2018 02:26 PM] |
| Filing 40 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Arthur Chen, Wendel Brunner, Wendy J. Parmet, Julia Walsh, Claire Broome, Thomas Mckone, and John Swartzberg. Date of service: 12/17/2018. [11122417] [18-16105, 18-16141]--[COURT UPDATE: Attached corrected motion and brief. 12/17/2018 by SLM]--[COURT UPDATE: Attached corrected brief, removed unnecessary motion, updated docket text to reflect content of filing. 12/19/2018 by LA] (Rumelt, Kenneth) [Entered: 12/17/2018 11:52 AM] |
| Filing 39 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by East Bay Regional Park District. Date of service: 12/14/2018. [11121253] [18-16105]--[COURT UPDATE: Spread docket text to 18-16141. 12/17/2018 by LA] (Galanter, Tamara) [Entered: 12/14/2018 03:10 PM] |
| Filing 38 Received 7 paper copies of Opening Brief [ # 35 ] filed by San Francisco Baykeeper and Sierra Club. [11117418] [18-16105, 18-16141] (SD) [Entered: 12/11/2018 02:29 PM] |
| Filing 37 Filed clerk order: The opening brief [ # 35 ] submitted by San Francisco Baykeeper 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 submitted to the principal office of the Clerk. [11117051] [18-16105, 18-16141] (LA) [Entered: 12/11/2018 11:50 AM] |
| Filing 36 Filed clerk order: The opening brief [ # 33 ] submitted by City of Oakland 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 Court has reviewed the joint excerpts of record [ # 34 ] submitted by appellants. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11117039] [18-16105, 18-16141] (LA) [Entered: 12/11/2018 11:48 AM] |
| Filing 35 Submitted (ECF) Opening Brief for review. Submitted by Appellants San Francisco Baykeeper and Sierra Club in 18-16141. Date of service: 12/10/2018. [11116385] [18-16105, 18-16141] (O'Brien, Colin) [Entered: 12/10/2018 05:50 PM] |
| Filing 34 Submitted (ECF) excerpts of record. Submitted by Appellant City of Oakland in 18-16105. Date of service: 12/10/2018. [11116364] [18-16105, 18-16141] (Leyton, Stacey) [Entered: 12/10/2018 05:35 PM] |
| Filing 33 Submitted (ECF) Opening Brief for review. Submitted by Appellant City of Oakland in 18-16105. Date of service: 12/10/2018. [11116359] [18-16105, 18-16141] (Leyton, Stacey) [Entered: 12/10/2018 05:28 PM] |
| Filing 32 Filed clerk order (Deputy Clerk: SM): Granting Unopposed Joint Motion [ # 31 ] to extend time to file the opening briefs filed by appellant City of Oakland. Appellants' opening briefs due 12/10/2018. Appellee Oakland Bulk & Oversized Terminal, LLC consolidated answering brief due 01/09/2019. The optional reply briefs are due 21 days after service of the consildated answering brief. [11073510] [18-16105, 18-16141] (SAM) [Entered: 11/06/2018 11:32 AM] |
| Filing 31 Filed (ECF) Appellant City of Oakland Joint Motion to extend time to file Opening brief until 12/10/2018. Date of service: 11/05/2018. [11072271] [18-16105]--[COURT UPDATE: Spread docket text to consolidated case 18-16141. 11/05/2018 by RY] (Leyton, Stacey) [Entered: 11/05/2018 02:54 PM] |
| Filing 30 Filed clerk order (Deputy Clerk: SM): Granting Unopposed Joint Motion [ # 29 ] to extend time to file opening briefs filed by Appellant City of Oakland. Appellants' opening briefs due 11/26/2018. Appellee's Oakland Bulk & Oversized Terminal, LLC consolidated answering brief due 12/26/2018. The optional reply briefs are due within 21 days after service of the consolidated answering brief. [11016381] [18-16105, 18-16141] (SAM) [Entered: 09/18/2018 04:23 PM] |
| Filing 29 Filed (ECF) Appellant City of Oakland in 18-16105 Joint Motion to extend time to file Opening brief until 11/26/2018. Date of service: 09/18/2018. [11015653] [18-16105, 18-16141] (Leyton, Stacey) [Entered: 09/18/2018 12:59 PM] |
| Filing 28 Filed clerk order (Deputy Clerk: KS): Appellants San Francisco Baykeeper and Sierra Clubs motion (Docket Entry No. [ # 10940579-0 ] in No. 18-16141) to consolidate Nos. 18-16105 and 18-16141 is granted. Nos. 18-16105 and 18-16141 are consolidated. Appellees motion (Docket Entry No. [ # 19 ] in No. 18-16105) to require joint briefing or reduce brief length is denied. Appellant City of Oaklands request (Docket Entry No. [ # 26 ] in No. 18-16105) for leave to file a sur-reply is denied as unnecessary. The following briefing schedule shall govern these consolidated appeals: the opening briefs are due September 27, 2018; the appellees consolidated answering brief is due October 29, 2018; and the optional reply briefs are due within 21 days after service of the consolidated answering brief. [10962534] [18-16105, 18-16141] (OC) [Entered: 08/01/2018 12:08 PM] |
| Filing 27 Filed (ECF) Appellee Oakland Bulk & Oversized Terminal, LLC response opposing motion ([ # 26 ] Motion (ECF Filing), [ # 26 ] Motion (ECF Filing)). Date of service: 07/31/2018. [10961279] [18-16105] (Feldman, Robert) [Entered: 07/31/2018 01:35 PM] |
| Filing 26 Filed (ECF) Appellant City of Oakland Motion for miscellaneous relief [Request for Leave to File A Sur-Reply to Reply in Support of Cross-Motion for Joint Briefing]. Date of service: 07/27/2018. [10957572] [18-16105] (Leyton, Stacey) [Entered: 07/27/2018 11:32 AM] |
| Filing 25 Filed (ECF) Appellee Oakland Bulk & Oversized Terminal, LLC reply to response (). Date of service: 07/26/2018. [10956677] [18-16105] (Feldman, Robert) [Entered: 07/26/2018 03:15 PM] |
| Filing 24 Filed (ECF) Appellant City of Oakland response opposing motion ([ # 19 ] Motion (ECF Filing), [ # 19 ] Motion (ECF Filing)). Date of service: 07/24/2018. [10953594] [18-16105] (Finberg, James) [Entered: 07/24/2018 03:27 PM] |
| Filing 23 Terminated Amy Eileen Hoyt for City of Oakland in 18-16105 [10949891] (CW) [Entered: 07/20/2018 11:32 AM] |
| Filing 22 Terminated Kevin D. Siegel for City of Oakland in 18-16105 [10949736] (NAC) [Entered: 07/20/2018 10:46 AM] |
| Filing 21 Filed (ECF) Appellant City of Oakland Correspondence: Notice of Withdrawal of Counsel for Amy E. Hoyt. Date of service: 07/20/2018 [10949735] [18-16105] (Siegel, Kevin) [Entered: 07/20/2018 10:46 AM] |
| Filing 20 Filed (ECF) Appellant City of Oakland Correspondence: Notice of Withdrawal of Counsel for Kevin D. Siegel. Date of service: 07/20/2018 [10949722] [18-16105] (Siegel, Kevin) [Entered: 07/20/2018 10:42 AM] |
| Filing 19 Filed (ECF) Appellee Oakland Bulk & Oversized Terminal, LLC Motion for miscellaneous relief [Motion to Require Joint Briefing]. Date of service: 07/17/2018. [10945987] [18-16105] (March, Andrew) [Entered: 07/17/2018 04:39 PM] |
| Filing 18 Filed (ECF) Appellee Oakland Bulk & Oversized Terminal, LLC corporate disclosure statement. Date of service: 07/17/2018. [10945953] [18-16105] (March, Andrew) [Entered: 07/17/2018 04:30 PM] |
| Filing 17 Added attorney Andrew Kushner for City of Oakland, in case 18-16105. [10945910] (QDL) [Entered: 07/17/2018 04:13 PM] |
| Filing 16 Filed (ECF) notice of appearance of Andrew Kushner for Appellant City of Oakland. Date of service: 07/17/2018. [10945793] [18-16105] (Kushner, Andrew) [Entered: 07/17/2018 03:37 PM] |
| Filing 15 Added attorney Meredith McChesney Shaw for Oakland Bulk & Oversized Terminal, LLC, in case 18-16105. [10945276] (CW) [Entered: 07/17/2018 12:04 PM] |
| Filing 14 Filed (ECF) notice of appearance of Meredith M. Shaw for Appellee Oakland Bulk & Oversized Terminal, LLC. Date of service: 07/17/2018. [10945185] [18-16105] (Shaw, Meredith) [Entered: 07/17/2018 11:31 AM] |
| Filing 13 Added attorney James Michael Finberg for City of Oakland, in case 18-16105. [10944574] (QDL) [Entered: 07/17/2018 08:24 AM] |
| Filing 12 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 9 ]. Original Text: Filed (ECF) notice of appearance of James M. Finberg for Appellant City of Oakland. Date of service: 07/16/2018. [10944327] [18-16105] (Finberg, James) [Entered: 07/16/2018 04:44 PM] |
| Filing 11 Added attorney Stacey Leyton for City of Oakland, in case 18-16105. [10943814] (QDL) [Entered: 07/16/2018 02:26 PM] |
| Filing 10 Filed (ECF) notice of appearance of Stacey Leyton for Appellant City of Oakland. Date of service: 07/13/2018. [10942661] [18-16105] (Leyton, Stacey) [Entered: 07/13/2018 05:41 PM] |
| Filing 9 Filed (ECF) notice of appearance of James M. Finberg for Appellant City of Oakland. Date of service: 07/13/2018. [10942645] [18-16105] (Finberg, James) [Entered: 07/13/2018 05:39 PM] |
| Filing 8 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 16 ]. Original Text: Filed (ECF) notice of appearance of Andrew Kushner for Appellant City of Oakland. Date of service: 07/13/2018. [10942639] [18-16105] (Kushner, Andrew) [Entered: 07/13/2018 05:36 PM] |
| Filing 7 MEDIATION ORDER FILED: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel may contact circuit mediator to discuss services available through the court's mediation program, to request a settlement assessment conf, or to request a stay of the appeal for settlement purposes. Also, upon agreement of the parties, the brfing sch can be modified or vacated to facilitate settlement discussions. Csl are requested to send copies of this order to their clients. Info regarding the mediation program may be found at www.ca9.uscourts.gov/mediation. [10932193] [18-16105, 18-16141] (BS) [Entered: 07/05/2018 01:15 PM] |
| Filing 6 Filed (ECF) Appellee Oakland Bulk & Oversized Terminal, LLC Mediation Questionnaire. Date of service: 06/22/2018. [10919583] [18-16105] (March, Andrew) [Entered: 06/22/2018 04:01 PM] |
| Filing 5 Filed (ECF) Appellant City of Oakland Mediation Questionnaire. Date of service: 06/21/2018. [10917090] [18-16105] (Hoyt, Amy) [Entered: 06/21/2018 10:21 AM] |
| Filing 4 Added attorney Andrew March, William Balden Adams for Oakland Bulk & Oversized Terminal, LLC, in case 18-16105. [10913102] (QDL) [Entered: 06/18/2018 04:51 PM] |
| Filing 3 Filed (ECF) notice of appearance of Andrew P. March for Appellee Oakland Bulk & Oversized Terminal, LLC. Date of service: 06/18/2018. [10912948] [18-16105] (March, Andrew) [Entered: 06/18/2018 03:57 PM] |
| Filing 2 Filed (ECF) notice of appearance of William B. Adams for Appellee Oakland Bulk & Oversized Terminal, LLC. Date of service: 06/18/2018. [10912941] [18-16105] (Adams, William) [Entered: 06/18/2018 03:54 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 06/21/2018. Transcript ordered by 07/13/2018. Transcript due 08/13/2018. Appellant City of Oakland opening brief due 09/21/2018. Appellee Oakland Bulk & Oversized Terminal, LLC answering brief due 10/22/2018. Appellant's optional reply brief is due 21 days after service of the answering brief. [10908769] (JBS) [Entered: 06/14/2018 11:03 AM] |
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