State of Nevada v. USA, et al
| RICK PERRY, in his official capacity as Secretary of Energy, LISA E. GORDON, in her official capacity as Administrator of the National Nuclear Security Administration and Undersecretary for Nuclear Security, NATIONAL NUCLEAR SECURITY ADMINISTRATION, UNITED STATES OF AMERICA and U.S. DEPARTMENT OF ENERGY |
| STATE OF SOUTH CAROLINA |
| STATE OF NEVADA |
| 19-15202 |
| February 5, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 35 Filed 4 paper copies of supplemental excerpts of record [ # 28 ] in 3 volume(s) filed by Appellees Lisa E. Gordon, et al. [11253480] (LA) [Entered: 04/04/2019 03:14 PM] |
| Filing 34 Received 7 paper copies of Answering Brief [ # 27 ] filed by Lisa E. Gordon, et al. [11253103] (DB) [Entered: 04/04/2019 12:52 PM] |
| Filing 33 Filed clerk order (Deputy Clerk: JLF): Appellants unopposed motion for leave to transmit physical and documentary exhibits (Docket Entry No. [ # 18 ]) is granted. See 9th Cir. R. 27-14. Appellants shall file four copies of the exhibits within seven days of the date of this order. [11252872] (JPD) [Entered: 04/04/2019 10:55 AM] |
| Filing 32 Received 7 paper copies of Answering Brief [ # 29 ] filed by State of South Carolina. [11251981] (SD) [Entered: 04/03/2019 02:38 PM] |
| Filing 31 Filed clerk order: The answering brief [ # 29 ] submitted by State of South Carolina 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 submitted to the principal office of the Clerk. [11249667] (SML) [Entered: 04/02/2019 10:12 AM] |
| Filing 30 Filed clerk order: The answering brief [ # 27 ] submitted by Lisa E. Gordon; 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: red. The Court has reviewed the supplemental excerpts of record [ # 28 ] submitted by Lisa E. Gordon; et al. 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. [11249663] (SML) [Entered: 04/02/2019 10:11 AM] |
| Filing 29 Submitted (ECF) Answering Brief for review. Submitted by Appellee State of South Carolina. Date of service: 04/01/2019. [11249325] [19-15202] (Lowell, Randolph) [Entered: 04/01/2019 08:40 PM] |
| Filing 28 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Lisa E. Gordon, National Nuclear Security Administration, Rick Perry, USA and USDOE. Date of service: 04/01/2019. [11249019] [19-15202] (Brabender, Allen) [Entered: 04/01/2019 03:44 PM] |
| Filing 27 Submitted (ECF) Answering Brief for review. Submitted by Appellees Lisa E. Gordon, National Nuclear Security Administration, Rick Perry, USA and USDOE. Date of service: 04/01/2019. [11249013] [19-15202] (Brabender, Allen) [Entered: 04/01/2019 03:40 PM] |
| Filing 26 Filed order (RICHARD C. TALLMAN and MARY H. MURGUIA): Appellants opposed urgent motion for injunction pending appeal (Docket Entry No. [ # 19 ]) is denied. The briefing schedule established previously remains in effect. [11238520] (AF) [Entered: 03/22/2019 08:39 AM] |
| Filing 25 Filed (ECF) Appellant State of Nevada reply to response (). Date of service: 03/18/2019. [11232261] [19-15202] (Smith, Jordan) [Entered: 03/18/2019 02:54 PM] |
| Filing 24 Filed (ECF) Appellees Lisa E. Gordon, National Nuclear Security Administration, Rick Perry, USA and USDOE response to motion ([ # 19 ] Motion (ECF Filing), [ # 19 ] Motion (ECF Filing)). Date of service: 03/15/2019. [11229856] [19-15202] (Brabender, Allen) [Entered: 03/15/2019 02:36 PM] |
| Filing 23 Filed (ECF) Appellee State of South Carolina response opposing motion ([ # 19 ] Motion (ECF Filing), [ # 19 ] Motion (ECF Filing)). Date of service: 03/15/2019. [11229632] [19-15202] (Lowell, Randolph) [Entered: 03/15/2019 01:29 PM] |
| Filing 22 Filed 4 paper copies of excerpts of record [ # 16 ] in 4 volume(s) filed by Appellant State of Nevada. [11225071] (LA) [Entered: 03/12/2019 03:32 PM] |
| Filing 21 Filed clerk order (Deputy Clerk: SM): The court has received appellants urgent motion for an injunction pending appeal. Any response to that motion is due by 5:00 p.m. Pacific Time on March 15, 2019. The optional reply in support of that motion is due by 5:00 p.m. Pacific Time on March 18, 2019. The previously established briefing schedule remains in effect. [11224801] (AF) [Entered: 03/12/2019 01:57 PM] |
| Filing 20 Received 7 paper copies of Opening Brief [ # 15 ] filed by State of Nevada. [11224684] (DB) [Entered: 03/12/2019 01:15 PM] |
| Filing 19 Filed (ECF) Appellant State of Nevada Urgent Motion for injunction pending appeal. Date of service: 03/11/2019. [11223717] [19-15202] (Smith, Jordan) [Entered: 03/11/2019 05:05 PM] |
| Filing 18 Filed (ECF) Appellant State of Nevada Motion to transmit exhibit. Date of service: 03/05/2019. [11217345] [19-15202] (Smith, Jordan) [Entered: 03/05/2019 05:45 PM] |
| Filing 17 Filed clerk order: The opening brief [ # 15 ] submitted by State of Nevada 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 excerpts of record [ # 16 ] submitted by State of Nevada. 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. [11216799] (LA) [Entered: 03/05/2019 02:10 PM] |
| Filing 16 Submitted (ECF) excerpts of record. Submitted by Appellant State of Nevada. Date of service: 03/04/2019. [11215706] [19-15202] (Smith, Jordan) [Entered: 03/04/2019 06:13 PM] |
| Filing 15 Submitted (ECF) Opening Brief for review. Submitted by Appellant State of Nevada. Date of service: 03/04/2019. [11215705] [19-15202] (Smith, Jordan) [Entered: 03/04/2019 06:09 PM] |
| Filing 14 Added attorney Jordan T. Smith for State of Nevada, in case 19-15202. [11214067] (CW) [Entered: 03/04/2019 07:07 AM] |
| Filing 13 Filed (ECF) notice of appearance of Jordan T. Smith for Appellant State of Nevada. Date of service: 03/03/2019. (Party previously proceeding without counsel: No) [11214039] [19-15202] (Smith, Jordan) [Entered: 03/03/2019 08:06 PM] |
| Filing 12 Filed (ECF) Appellant State of Nevada Correspondence: Representation Statement and Service. Date of service: 02/19/2019 [11200012] [19-15202] (Stern, Heidi) [Entered: 02/19/2019 03:51 PM] |
| Filing 11 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. [11189329] (VS) [Entered: 02/13/2019 02:54 PM] |
| Filing 10 Added attorney Heidi Parry Stern for State of Nevada, in case 19-15202. [11187509] (CW) [Entered: 02/12/2019 01:40 PM] |
| Filing 9 Filed (ECF) notice of appearance of Heidi Parry Stern for Appellant State of Nevada. Date of service: 02/12/2019. (Party previously proceeding without counsel: No) [11187367] [19-15202] (Stern, Heidi) [Entered: 02/12/2019 12:20 PM] |
| Filing 8 The Mediation Questionnaire for this case was filed on 02/08/2019. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11184661] (AD) [Entered: 02/08/2019 06:44 PM] |
| Filing 7 Filed (ECF) Appellant State of Nevada Mediation Questionnaire. Date of service: 02/08/2019. [11184304] [19-15202] (Howle, Charles) [Entered: 02/08/2019 02:31 PM] |
| Filing 6 Added attorney Aaron Darnell Ford for State of Nevada, in case 19-15202. [11184259] (CW) [Entered: 02/08/2019 02:05 PM] |
| Filing 5 Filed (ECF) notice of appearance of Aaron D. Ford for Appellant State of Nevada. Date of service: 02/08/2019. (Party previously proceeding without counsel: No) [11184221] [19-15202] (Ford, Aaron) [Entered: 02/08/2019 01:07 PM] |
| Filing 4 Added attorney Allen M. Brabender for USA USDOE Lisa E. Gordon National Nuclear Security Administration Rick Perry, in case 19-15202. [11180423] (CW) [Entered: 02/06/2019 06:55 AM] |
| Filing 3 Filed (ECF) notice of appearance of Allen M. Brabender for Appellees USDOE, USA, Rick Perry, National Nuclear Security Administration and Lisa E. Gordon. Date of service: 02/06/2019. (Party previously proceeding without counsel: No) [11180406] [19-15202] (Brabender, Allen) [Entered: 02/06/2019 06:09 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed February 4, 2019 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than March 4, 2019; the answering brief is due April 1, 2019 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [11179922] (OC) [Entered: 02/05/2019 02:17 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: to be set. Preliminary Injunction Appeal. C.R. 3-3. [11179222] (RT) [Entered: 02/05/2019 09:58 AM] |
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