Bark, et al v. USFS, et al
| UNITED STATES FOREST SERVICE |
| OREGON WILD, WILDEARTH GUARDIANS, BARK and CASCADIA WILDLANDS |
| HIGH CASCADE, INC. |
| 19-35442 |
| May 23, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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This docket was last retrieved on June 28, 2019. A more recent docket listing may be available from PACER.
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| Filing 12 Filed (ECF) Appellants Bark, Cascadia Wildlands and Oregon Wild Correspondence: Follow-up letter requesting action regarding the Court's jurisdictional question. Date of service: 06/28/2019 [11348595] [19-35442] (Bell, Brenna) [Entered: 06/28/2019 12:54 PM] |
| Filing 11 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. [11345916] (BS) [Entered: 06/26/2019 03:59 PM] |
| Filing 10 Terminated Jennifer Schwartz for WildEarth Guardians, Oregon Wild, Cascadia Wildlands and Bark in 19-35442 [11323960] (JFF) [Entered: 06/07/2019 04:06 PM] |
| Filing 9 Filed (ECF) Appellants Bark, Cascadia Wildlands and Oregon Wild Correspondence: This letter responds to the Clerk's May 31 Order showing cause why this Court has jurisdiction over the appeal.. Date of service: 06/07/2019 [11323472] [19-35442] (Bell, Brenna) [Entered: 06/07/2019 12:53 PM] |
| Filing 8 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 06/26/2019, 1:00 p.m. PACIFIC Time. See order for instructions and details. [11323250] (BS) [Entered: 06/07/2019 10:51 AM] |
| Filing 7 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Jennifer Schwartz for Appellants Bark, Cascadia Wildlands, Oregon Wild and WildEarth Guardians. Party proceeding without counsel: No. Date of service: 06/07/2019. [11323037] [19-35442] (Schwartz, Jennifer) [Entered: 06/07/2019 09:04 AM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 06/05/2019. 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.[11320596] (AD) [Entered: 06/05/2019 12:44 PM] |
| Filing 5 Filed (ECF) Appellants Bark, Cascadia Wildlands and Oregon Wild Mediation Questionnaire. Date of service: 06/05/2019. [11320312] [19-35442] (Bell, Brenna) [Entered: 06/05/2019 10:27 AM] |
| Filing 4 Added attorney Jeffrey S. Beelaert for USFS, in case 19-35442. [11317748] (JFF) [Entered: 06/03/2019 03:03 PM] |
| Filing 3 Filed (ECF) notice of appearance of Jeffrey S. Beelaert for Appellee USFS. Date of service: 06/03/2019. (Party previously proceeding without counsel: No) [11317393] [19-35442] (Beelaert, Jeffrey) [Entered: 06/03/2019 01:24 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: SM): This courts jurisdiction is limited to final decisions of the district court. Natl Distribution Agency v. Nationwide Mut. Ins. Co., 117 F.3d 432, 433 (9th Cir. 1997). A review of the record suggests that this court may lack jurisdiction over the appeal because it does not appear that the district courts May 7, 2019 order was final where the docket states Opinion to follow. See id. (A ruling is final for purposes of [28 U.S.C.] 1291 if it (1) is a full adjudication of the issues, and (2) clearly evidences the judges intention that it be the courts final act in the matter. (citations and internal quotation marks omitted)); see also United States v. Samango, 607 F.2d 877, 880 (9th Cir. 1979) (time to appeal did not begin to run upon entry of oral ruling on docket because district court repeatedly expressed intent to issue written order incorporating and elucidating ruling). Within 21 days after the date of this order, appellants shall move for voluntary dismissal of the appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellants elect to show cause, a response may be filed within 10 days after service of the memorandum. If appellants do not comply with this order, the Clerk shall dismiss this appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [11315165] (OC) [Entered: 05/31/2019 11:10 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 05/30/2019. Appellants Bark, Cascadia Wildlands, Oregon Wild and WildEarth Guardians opening brief due 07/23/2019. Appellees High Cascade, Inc. and United States Forest Service answering brief due 08/23/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11306887] (RT) [Entered: 05/23/2019 09:38 AM] |
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