EPIC v. Ann Carlson, et al
| ANN CARLSON, in her official capacity as the Forest Supervisor of the Mendocino National Forest and UNITED STATES FOREST SERVICE |
| ENVIRONMENTAL PROTECTION INFORMATION CENTER |
| SIERRA PACIFIC INDUSTRIES |
| 19-17479 |
| December 10, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
 Environmental Protection Information Center v. Carlson
|
Docket Report
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This docket was last retrieved on February 7, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 29 Received 3 paper copies of supplemental excerpts of record [ # 24 ] in 1 volume(s) filed by Appellees Ann Carlson and USFS. (sent to panel) [11590087] (KWG) [Entered: 02/07/2020 02:47 PM] |
| Filing 28 Received 6 paper copies of Answering Brief [ # 23 ] filed by Ann Carlson and USFS. (sent to panel) [11590079] (SD) [Entered: 02/07/2020 02:43 PM] |
| Filing 27 Filed (ECF) Acknowledgment of hearing notice by Attorney Ms. Sara Ghafouri for Appellee Sierra Pacific Industries. Hearing in Pasadena on 04/17/2020 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: Yes. (Argument minutes: 5.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 02/06/2020. [11587522] [19-17479] (Ghafouri, Sara) [Entered: 02/06/2020 09:48 AM] |
| Filing 26 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Matt Kenna for Appellant EPIC. Hearing in Pasadena on 04/17/2020 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 02/06/2020. [11587310] [19-17479] (Kenna, Matt) [Entered: 02/06/2020 08:28 AM] |
| Filing 25 Filed clerk order: The answering brief [ # 23 ] submitted by Ann Carlson and USFS is filed. Appellees are ordered to file 6 copies of the brief in paper format for delivery to the Court on February 6, 2020 by 5:00 p.m. PST, 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 supplemental excerpts of record [ # 24 ] submitted by Ann Carlson and USFS are filed. Appellees are ordered to file 3 copies of the excerpts in paper format securely bound on the left side to the Court on February 6, 2020 by 5:00 p.m. PST, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11584943] (KWG) [Entered: 02/04/2020 01:03 PM] |
| Filing 24 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Ann Carlson and USFS. Date of service: 02/04/2020. [11584870] [19-17479] (Beelaert, Jeffrey) [Entered: 02/04/2020 12:31 PM] |
| Filing 23 Submitted (ECF) Answering Brief for review. Submitted by Appellees Ann Carlson and USFS. Date of service: 02/04/2020. [11584865] [19-17479] (Beelaert, Jeffrey) [Entered: 02/04/2020 12:27 PM] |
| Filing 22 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Jeffrey S. Beelaert for Appellees Ann Carlson and USFS. Hearing in Pasadena on 04/17/2020 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: Yes. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 02/03/2020. [11582510] [19-17479] (Beelaert, Jeffrey) [Entered: 02/03/2020 11:34 AM] |
| Filing 21 Notice of Oral Argument on Friday, April 17, 2020 - 09:00 A.M. - Courtroom 1 - Pasadena 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 Friday, April 17, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11581752]. [Array, 19-17479] (AW) [Entered: 02/02/2020 06:11 AM] |
| Filing 20 Received 6 paper copies of Opening Brief [ # 13 ] filed by EPIC. [11579245] (SD) [Entered: 01/30/2020 09:50 AM] |
| Filing 19 Received 3 paper copies of excerpts of record [ # 14 ] in 2 volume(s) filed by Appellant EPIC. [11578452] (KWG) [Entered: 01/29/2020 02:19 PM] |
| Filing 18 Filed clerk order: The Court previously filed the brief [ # 13 ] and excerpts of record [ # 14 ] submitted by Appellant EPIC. Within 7 days of this order, the filer of each brief is ordered to file 6 copies of that 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. The Form 18 certificate is available on the Court's website at # http://www.ca9.uscourts.gov/forms/form18.pdf . The covers of the opening brief must be blue. Within 7 days of this order, the filer of each set of excerpts of record is ordered to file 3 copies of that set of 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. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [11573178] (KWG) [Entered: 01/24/2020 10:38 AM] |
| Filing 17 Filed order (RICHARD A. PAEZ, MILAN D. SMITH, JR. and N. RANDY SMITH) Sierra Pacific Industries motion to intervene in this appeal as an appellee (Docket Entry No. [ # 8 ]) is granted. The Clerk shall file intervenor-appellees opposition to appellants motion for an injunction submitted at Docket Entry No. [ # 8 ]-5. Appellants motion for injunctive relief (Docket Entry No. [ # 7 ]) is denied. The court sua sponte expedites the briefing and hearing of this appeal. The opening brief has been filed. Appellees answering brief remains due February 4, 2020. Intervenor-appellees answering brief is due February 18, 2020. Appellants optional reply brief is due 21 days after service of intervenor-appellees answering brief. No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(1). No written motions for extensions of time under Ninth Circuit Rule 31-2.2(b) will be granted absent extraordinary and compelling circumstances. The Clerk shall place this appeal, along with appeal No. 20-15040, on the calendar for the month of April 2020. See 9th Cir. Gen. Order 3.3(g). [11572525] (JMR) [Entered: 01/23/2020 04:42 PM] |
| Filing 16 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [11571518] (VS) [Entered: 01/23/2020 10:28 AM] |
| Filing 15 Filed clerk order: The opening brief [ # 13 ] and excerpts of record [ # 14 ] submitted by EPIC are filed. No paper copies are required at this time. [11554667] (KWG) [Entered: 01/08/2020 10:07 AM] |
| Filing 14 Submitted (ECF) excerpts of record. Submitted by Appellant EPIC. Date of service: 01/07/2020. [11553446] [19-17479] (Kenna, Matt) [Entered: 01/07/2020 12:28 PM] |
| Filing 13 Submitted (ECF) Opening Brief for review. Submitted by Appellant EPIC. Date of service: 01/07/2020. [11553443] [19-17479]--[COURT UPDATE: Attached corrected PDF of the brief. 01/08/2020 by KWG] (Kenna, Matt) [Entered: 01/07/2020 12:24 PM] |
| Filing 12 MEDIATION ORDER FILED: The Mediation Program of the 9th Circuit Court of Appeals facilitates settlement while appeals are pending. By 01/14/2020, 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... [11547895] (VS) [Entered: 12/31/2019 12:24 PM] |
| Filing 11 Filed (ECF) Appellant EPIC reply to response (). Date of service: 12/30/2019. [11546613] [19-17479] (Kenna, Matt) [Entered: 12/30/2019 01:12 PM] |
| Filing 10 Filed (ECF) Appellees Ann Carlson and USFS response opposing motion ([ # 7 ] Motion (ECF Filing), [ # 7 ] Motion (ECF Filing) motion for injunction pending appeal). Date of service: 12/23/2019. [11543017] [19-17479]--[COURT UPDATE: Attached corrected PDF of response. 12/24/2019 by QDL] (Beelaert, Jeffrey) [Entered: 12/23/2019 07:08 PM] |
| Filing 9 Entered appearance of Intervenor - Pending Sierra Pacific Industries. [11540857] (QDL) [Entered: 12/20/2019 04:30 PM] |
| Filing 8 Filed (ECF) Sierra Pacific Industries Motion to intervene. Date of service: 12/20/2019. [11540382] [19-17479] (Ghafouri, Sara) [Entered: 12/20/2019 02:41 PM] |
| Filing 7 Filed (ECF) Appellant EPIC Motion for injunction pending appeal. Date of service: 12/12/2019. [11530929] [19-17479] (Kenna, Matt) [Entered: 12/12/2019 07:20 PM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 12/12/2019. 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.[11530176]. [19-17479] (AD) [Entered: 12/12/2019 12:44 PM] |
| Filing 5 Filed (ECF) Appellant EPIC Mediation Questionnaire. Date of service: 12/12/2019. [11529639] [19-17479] (Kenna, Matt) [Entered: 12/12/2019 08:33 AM] |
| Filing 4 Filed clerk order (Deputy Clerk: ME): The appeal filed December 10, 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 January 7, 2020; the answering brief is due February 4, 2020 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. [11527947] (ME) [Entered: 12/10/2019 05:00 PM] |
| Filing 3 Added Attorney(s) Jeffrey S. Beelaert for party(s) Appellee Ann Carlson and Appellee USFS, in case 19-17479. [11527568] (QDL) [Entered: 12/10/2019 02:43 PM] |
| Filing 2 Filed (ECF) notice of appearance of Jeffrey S. Beelaert (U.S. Department of Justice, Environment and Natural Resources Division, PO Box 7415, Washington, DC 20044) for Appellees Ann Carlson and USFS. Date of service: 12/10/2019. (Party was previously proceeding with counsel.) [11527544] [19-17479] (Beelaert, Jeffrey) [Entered: 12/10/2019 02:33 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: To be set. Preliminary Injunction, C.R. 3-3. [11527491] (JBS) [Entered: 12/10/2019 02:19 PM] |
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| Defendant / appellee: ANN CARLSON, in her official capacity as the Forest Supervisor of the Mendocino National Forest | |
| Represented By: | Jeffrey S. Beelaert |
| Represented By: | John Tustin |
| Represented By: | Shaun M. Pettigrew |
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| Defendant / appellee: UNITED STATES FOREST SERVICE | |
| Represented By: | Jeffrey S. Beelaert |
| Represented By: | John Tustin |
| Represented By: | Shaun M. Pettigrew |
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| Plaintiff / appellant: ENVIRONMENTAL PROTECTION INFORMATION CENTER | |
| Represented By: | Matt Kenna |
| Represented By: | Rene Peter Voss |
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| Intervenor defendant / appellee: SIERRA PACIFIC INDUSTRIES | |
| Represented By: | Sara Ghafouri |
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