Columbia Riverkeeper v. USEPA, et al
Defendant / Appellee: U.S. ENVIRONMENTAL PROTECTION AGENCY, UNITED STATES ARMY CORPS OF ENGINEERS, ANDREW WHEELER, in his official capacity as Administrator of the Environmental Protection Agency and R. D. JAMES, in his Official Capacity as Assistant Secretary for Civil Works, Department of the Army
Plaintiff / Appellee: OREGON CATTLEMEN'S ASSOCIATION
Intervenor Defendant / Appellant: COLUMBIA RIVERKEEPER
Case Number: 19-35792
Filed: September 16, 2019
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other
Docket Report

This docket was last retrieved on October 8, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 8, 2019 Filing 12 Filed clerk order (Deputy Clerk: MKN): Appellants emergency motion to stay appellate proceedings and for modification of the briefing schedule (Docket Entry No. [ # 9 ]) is granted. The previously established briefing schedule is vacated. This appeal is stayed until December 11, 2019. Within 7 days after expiration of the stay, appellant shall submit: (1) a motion for voluntary dismissal under Federal Rule of Appellate Procedure 42(b); or (2) a status report concerning the district court proceedings and proposed briefing schedule for this appeal. [11458419] (AF) [Entered: 10/08/2019 03:47 PM]
October 4, 2019 Filing 11 Filed (ECF) Appellee Oregon Cattlemen's Association response opposing motion ([ # 9 ] Motion (ECF Filing), [ # 9 ] Motion (ECF Filing)). Date of service: 10/04/2019. [11455082] [19-35792] (Francois, Anthony) [Entered: 10/04/2019 03:38 PM]
October 2, 2019 Filing 10 Filed clerk order (Deputy Clerk: MKN): The court has received appellants emergency motion to stay this appeal and for modification of the briefing schedule. Any response to the motion is due by 9:00 a.m. Pacific Time, October 7, 2019. [11451679] (RT) [Entered: 10/02/2019 01:54 PM]
October 2, 2019 Filing 9 Filed (ECF) Appellant Columbia Riverkeeper EMERGENCY Motion to stay appellate proceedings. Date of service: 10/02/2019. [11451004] [19-35792]--[COURT UPDATE: Rotated document order so that motion is first. Edited 10/02/2019 by NAC] (Brimmer, Janette) [Entered: 10/02/2019 09:39 AM]
September 24, 2019 Filing 8 Terminated Jennifer Cristie Chavez for Columbia Riverkeeper in 19-35564 and Columbia Riverkeeper in 19-35792 (counsel no longer with organization; other counsel remain on docket) [11442070] [19-35564, 19-35792] (ASW) [Entered: 09/24/2019 02:19 PM]
September 24, 2019 Filing 7 MEDIATION ORDER FILED: The Mediation Program of the 9th Circuit Court of Appeals facilitates settlement while appeals are pending. By 10/01/2019, 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... [11441449] (LW) [Entered: 09/24/2019 11:47 AM]
September 19, 2019 Filing 6 The Mediation Questionnaire for this case was filed on 09/19/2019. 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.[11438060][19-35792] (AD) [Entered: 09/19/2019 06:44 PM]
September 19, 2019 Filing 5 The Mediation Questionnaire for this case was filed on 09/19/2019. 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.[11438059][19-35792] (AD) [Entered: 09/19/2019 06:44 PM]
September 19, 2019 Filing 4 Filed (ECF) Appellee Oregon Cattlemen's Association Mediation Questionnaire. Date of service: 09/19/2019. [11437698] [19-35792] (Francois, Anthony) [Entered: 09/19/2019 03:04 PM]
September 19, 2019 Filing 3 Filed (ECF) Appellant Columbia Riverkeeper Mediation Questionnaire. Date of service: 09/19/2019. [11437486] [19-35792] (Brimmer, Janette) [Entered: 09/19/2019 01:58 PM]
September 16, 2019 Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed September 13, 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 October 11, 2019; the answering brief is due November 8, 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. [11433300] (HC) [Entered: 09/16/2019 04:47 PM]
September 16, 2019 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. [11432377] (RT) [Entered: 09/16/2019 10:57 AM]

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Defendant / appellee: U.S. ENVIRONMENTAL PROTECTION AGENCY
Represented By: Jennifer Scheller Neumann
Represented By: Robert Lundman
Represented By: Stephanie J. Talbert
Represented By: Andrew J. Doyle
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Defendant / appellee: UNITED STATES ARMY CORPS OF ENGINEERS
Represented By: Jennifer Scheller Neumann
Represented By: Robert Lundman
Represented By: Stephanie J. Talbert
Represented By: Andrew J. Doyle
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Defendant / appellee: ANDREW WHEELER, in his official capacity as Administrator of the Environmental Protection Agency
Represented By: Jennifer Scheller Neumann
Represented By: Robert Lundman
Represented By: Stephanie J. Talbert
Represented By: Andrew J. Doyle
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Defendant / appellee: R. D. JAMES, in his Official Capacity as Assistant Secretary for Civil Works, Department of the Army
Represented By: Jennifer Scheller Neumann
Represented By: Robert Lundman
Represented By: Stephanie J. Talbert
Represented By: Andrew J. Doyle
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Plaintiff / appellee: OREGON CATTLEMEN'S ASSOCIATION
Represented By: Anthony L. Francois
Represented By: Daniel Ortner
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Intervenor defendant / appellant: COLUMBIA RIVERKEEPER
Represented By: James N. Saul
Represented By: Janette K. Brimmer
Represented By: Jennifer Cristie Chavez
Represented By: Anna Marie Sewell
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