USA, et al v. Cooper Drum Parties Group, et al
| COOPER DRUM COOPERATING PARTIES GROUP, Proposed Intervenor |
| JERVIS B. WEBB COMPANY and JERVIS B. WEBB COMPANY OF CALIFORNIA |
| CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL and UNITED STATES OF AMERICA |
| 19-55993 |
| August 27, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Environmental Matters |
Docket Report
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| Filing 53 Filed order (Deputy Clerk: OC) Movant-Appellants unopposed Motion (Docket No. [ # 52 ]) to dismiss this case voluntarily is granted. Fed. R. App. P. 42(b). Parties have agreed to pay their own costs. A copy of this order shall serve as and for the mandate of this court. [12053094] (OC) [Entered: 03/25/2021 10:28 AM] |
| Filing 52 Filed (ECF) Appellant Cooper Drum Cooperating Parties Group Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 03/24/2021. [12052070] [19-55993] (Caughey, Jennifer) [Entered: 03/24/2021 01:19 PM] |
| Filing 51 Filed text clerk order (Deputy Clerk: OC): The joint motion to stay appellate proceedings through March 31, 2021. [ # 50 ], is granted. [12018672] (OC) [Entered: 02/26/2021 04:25 PM] |
| Filing 50 Filed (ECF) Appellant Cooper Drum Cooperating Parties Group Motion to stay appellate proceedings pending settlement. Date of service: 02/26/2021. [12017967] [19-55993] (Caughey, Jennifer) [Entered: 02/26/2021 12:13 PM] |
| Filing 49 Filed clerk order (Deputy Clerk: OC): Appellant Cooper Drum Cooperating Parties Groups [Dkt No. [ # 48 ]] joint motion to reschedule oral argument is GRANTED. Oral argument will be postponed to no earlier than March 1, 2021. [11906945] (OC) [Entered: 11/25/2020 03:02 PM] |
| Filing 48 Filed (ECF) Appellant Cooper Drum Cooperating Parties Group Joint Motion to reschedule oral argument. Date of service: 11/24/2020. [11905894] [19-55993] (Caughey, Jennifer) [Entered: 11/24/2020 06:24 PM] |
| Filing 47 Filed (ECF) Acknowledgment of hearing notice by Attorney Daniel Halainen for Appellee USA. Hearing in Pasadena on 12/09/2020 at 09:00 A.M. (Courtroom: Courtroom 2). Filer sharing argument time: Yes. (Argument minutes: 10.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 11/17/2020. [11896487] [19-55993] (Halainen, Daniel) [Entered: 11/17/2020 03:49 PM] |
| Filing 46 Filed (ECF) Acknowledgment of hearing notice by Attorney Michael George Romey for Appellees Jervis B. Webb Company and Jervis B. Webb Company of California. Hearing in Pasadena on 12/09/2020 at 09:00 A.M. (Courtroom: 2). 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: 11/17/2020. [11896242] [19-55993] (Romey, Michael) [Entered: 11/17/2020 03:04 PM] |
| Filing 45 Filed (ECF) Acknowledgment of hearing notice by Attorney Mrs. Jennifer Vosko Caughey for Appellant Cooper Drum Cooperating Parties Group. Hearing in Pasadena on 12/09/2020 at 09:00 A.M. (Courtroom: Courtroom No. 2). Filer sharing argument time: No. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/29/2020. [11840753] [19-55993] (Caughey, Jennifer) [Entered: 09/29/2020 11:55 AM] |
| Filing 44 Notice of Oral Argument on Wednesday, December 9, 2020 - 09:00 A.M. - Courtroom 2 - Scheduled Location: Pasadena CA. The hearing time is the local time zone at the scheduled hearing location, even if the argument is fully remote. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, any argument may be held remotely with all of the judges and attorneys appearing by video or telephone. Travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk's Office will be in contact with you directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (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 Wednesday, December 9, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11838063]. [19-55993] (AW) [Entered: 09/27/2020 06:11 AM] |
| Filing 43 Received 6 paper copies of Reply Brief [ # 40 ] filed by Cooper Drum Cooperating Parties Group. [11810062] (DB) [Entered: 09/01/2020 04:53 PM] |
| Filing 42 Filed clerk order (Deputy Clerk: JLF): Appellees unopposed motion to transmit a physical exhibit (Docket Entry No. [ # 25 ] ) is granted. See 9th Cir. R. 27-14. Appellees shall file four copies of the physical exhibit within seven days of the date of this order. [11810047] (RT) [Entered: 09/01/2020 04:47 PM] |
| Filing 41 Filed clerk order: The reply brief [ # 40 ] submitted by Cooper Drum Cooperating Parties Group is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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. [11806246] (SML) [Entered: 08/28/2020 01:16 PM] |
| Filing 40 Submitted (ECF) Reply Brief for review. Submitted by Appellant Cooper Drum Cooperating Parties Group. Date of service: 08/27/2020. [11804833] [19-55993] (Caughey, Jennifer) [Entered: 08/27/2020 11:40 AM] |
| Filing 39 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for December 2020 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 : Correspondence to Court; Subject : request for mediation).[11795706]. [19-55993] (AW) [Entered: 08/19/2020 06:44 PM] |
| Filing 38 Filed clerk order (Deputy Clerk: LK): Appellants unopposed motion (Docket Entry No. [ # 36 ]) for an extension of time to file the optional reply brief is granted. The optional reply brief is due September 15, 2020. [11782862] (AF) [Entered: 08/10/2020 11:21 AM] |
| Filing 37 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for November 2020 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 : Correspondence to Court; Subject : request for mediation).[11775954]. [19-55993] (AW) [Entered: 08/03/2020 07:52 PM] |
| Filing 36 Filed (ECF) Appellant Cooper Drum Cooperating Parties Group Unopposed Motion to extend time to file Reply brief until 08/03/2020. Date of service: 08/03/2020. [11775115] [19-55993] (Caughey, Jennifer) [Entered: 08/03/2020 01:24 PM] |
| Filing 35 Filed clerk order (Deputy Clerk: SSR): Appellants unopposed motion (Docket Entry No. [ # 34 ]) for an extension of time to file the optional reply brief is granted. The optional reply brief is due August 20, 2020. [11712459] (RY) [Entered: 06/05/2020 11:33 AM] |
| Filing 34 Filed (ECF) Appellant Cooper Drum Cooperating Parties Group Motion to extend time to file Reply brief until 08/20/2020. Date of service: 06/04/2020. [11711133] [19-55993] (Milios, Danica) [Entered: 06/04/2020 12:32 PM] |
| Filing 33 Streamlined request [30] by Appellant Cooper Drum Cooperating Parties Group to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 07 /06/2020. [11693838] (JN) [Entered: 05/18/2020 12:42 PM] |
| Filing 32 Added Attorney(s) Adam Warren Aston for party(s) Appellant Cooper Drum Cooperating Parties Group, in case 19-55993. [11693452] (NAC) [Entered: 05/18/2020 10:00 AM] |
| Filing 31 Filed (ECF) notice of appearance of Adam W. Aston (Jackson Walker L.L.P.; 100 Congress Ave., Suite 1100; Austin, Texas 78701) for Appellant Cooper Drum Cooperating Parties Group. Date of service: 05/18/2020. (Party was previously proceeding with counsel.) [11693435] [19-55993] (Aston, Adam) [Entered: 05/18/2020 09:52 AM] |
| Filing 30 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Cooper Drum Cooperating Parties Group. New requested due date is 07/06/2020. [11693403] [19-55993] (Milios, Danica) [Entered: 05/18/2020 09:39 AM] |
| Filing 29 Filed clerk order: The answering brief [ # 26 ] and supplemental excerpts of record [ # 27 ] submitted by California Department of Toxic Substances Control and USA are filed. No paper copies are required at this time. [11693285] (KWG) [Entered: 05/18/2020 09:02 AM] |
| Filing 28 Filed clerk order: The answering brief [ # 23 ] and supplemental excerpts of record [ # 24 ] submitted by Jervis B. Webb Company and Jervis B. Webb Company of California are filed. No paper copies are required at this time. [11693276] (KWG) [Entered: 05/18/2020 09:00 AM] |
| Filing 27 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees USA and California Department of Toxic Substances Control. Date of service: 05/15/2020. [11693042] [19-55993] (Halainen, Daniel) [Entered: 05/15/2020 06:19 PM] |
| Filing 26 Submitted (ECF) Answering Brief for review. Submitted by Appellees USA and California Department of Toxic Substances Control. Date of service: 05/15/2020. [11693041] [19-55993] (Halainen, Daniel) [Entered: 05/15/2020 06:16 PM] |
| Filing 25 Filed (ECF) Appellees Jervis B. Webb Company and Jervis B. Webb Company of California Motion to transmit exhibit. Date of service: 05/15/2020. [11693015] [19-55993] (Romey, Michael) [Entered: 05/15/2020 05:26 PM] |
| Filing 24 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Jervis B. Webb Company and Jervis B. Webb Company of California. Date of service: 05/15/2020. [11693013] [19-55993] (Romey, Michael) [Entered: 05/15/2020 05:23 PM] |
| Filing 23 Submitted (ECF) Answering Brief for review. Submitted by Appellees Jervis B. Webb Company and Jervis B. Webb Company of California. Date of service: 05/15/2020. [11693007] [19-55993] (Romey, Michael) [Entered: 05/15/2020 05:17 PM] |
| Filing 22 Filed clerk order (Deputy Clerk: LKK): (ECF Filing) filed by Appellees Jervis B. Webb Company and Jervis B. Webb Company of California; Granting Motion [ # 21 ] (ECF Filing) motion to extend time to file brief filed by Appellees Jervis B. Webb Company and Jervis B. Webb Company of California. Appellees Jervis B. Webb Company and Jervis B. Webb Company of California answering brief due 05/29/2020. The optional reply brief is due 21 days after service of the answering brief. [11622690] (LKK) [Entered: 03/09/2020 11:51 AM] |
| Filing 21 Filed (ECF) Appellees Jervis B. Webb Company and Jervis B. Webb Company of California Motion to extend time to file Answering brief until 05/29/2020. Date of service: 02/11/2020. [11594159] [19-55993] (Heintz, John) [Entered: 02/11/2020 09:12 PM] |
| Filing 20 Streamlined request [19] by Appellee USA to extend time to file the brief is approved for all Appellees. Amended briefing schedule: Appellees California Department of Toxic Substances Control, Jervis B. Webb Company, Jervis B. Webb Company of California and United States of America answering brief due 02/20/2020. The optional reply brief is due 21 days from the date of service of the answering brief. [11554950] (JN) [Entered: 01/08/2020 11:15 AM] |
| Filing 19 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee USA. New requested due date is 02/20/2020. [11554845] [19-55993] (Halainen, Daniel) [Entered: 01/08/2020 10:52 AM] |
| Filing 18 Filed clerk order: The opening brief [ # 15 ] and excerpts of record [ # 16 ] submitted by Cooper Drum Cooperating Parties Group are filed. No paper copies are required at this time. [11541855] (KT) [Entered: 12/23/2019 11:21 AM] |
| Filing 17 Filed (ECF) Appellant Cooper Drum Cooperating Parties Group Unopposed Motion to take judicial notice of certain records from other judicial proceedings and public documents that relate directly to this appeal and offer important context.. Date of service: 12/20/2019. [11540449] [19-55993] (Caughey, Jennifer) [Entered: 12/20/2019 02:53 PM] |
| Filing 16 Submitted (ECF) excerpts of record. Submitted by Appellant Cooper Drum Cooperating Parties Group. Date of service: 12/20/2019. [11540336] [19-55993] (Caughey, Jennifer) [Entered: 12/20/2019 02:31 PM] |
| Filing 15 Submitted (ECF) Opening Brief for review. Submitted by Appellant Cooper Drum Cooperating Parties Group. Date of service: 12/20/2019. [11540283] [19-55993] (Caughey, Jennifer) [Entered: 12/20/2019 02:21 PM] |
| Filing 14 Filed clerk order (Deputy Clerk: LKK): (ECF Filing) filed by Appellant Cooper Drum Cooperating Parties Group; Granting Motion [ # 13 ] (ECF Filing) motion to extend time to file brief filed by Appellant Cooper Drum Cooperating Parties Group. Appellant Cooper Drum Cooperating Parties Group opening brief due 12/20/2019. Appellees California Department of Toxic Substances Control, Jervis B. Webb Company, Jervis B. Webb Company of California and United States of America answering brief due 01/21/2020. The optional reply brief is due 21 days after service of the answering brief. [11488688] (LKK) [Entered: 11/04/2019 04:41 PM] |
| Filing 13 Filed (ECF) Appellant Cooper Drum Cooperating Parties Group Unopposed Motion to extend time to file Opening brief until 12/20/2019. Date of service: 11/04/2019. [11487250] [19-55993] (Caughey, Jennifer) [Entered: 11/04/2019 09:43 AM] |
| Filing 12 Attorney Karl J. Fingerhood in 19-55993 substituted by Attorney Daniel Halainen in 19-55993 [11471532] (NAC) [Entered: 10/21/2019 02:04 PM] |
| Filing 11 Filed (ECF) notice of appearance of Daniel Jon Halainen (U.S. Department of Justice, ENRD, Appellate Section, P.O. Box 7415, Ben Franklin Station, Washington, DC 20044) for Appellee USA. Substitution for Attorney Karl J. Fingerhood for Appellee USA. Date of service: 10/21/2019. (Party was previously proceeding with counsel.) [11471526] [19-55993] (Halainen, Daniel) [Entered: 10/21/2019 02:02 PM] |
| Filing 10 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. [11433183] (BLS) [Entered: 09/16/2019 04:12 PM] |
| Filing 9 The Mediation Questionnaire for this case was filed on 09/03/2019. 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.[11419645][19-55993] (AD) [Entered: 09/03/2019 06:44 PM] |
| Filing 8 Filed (ECF) Appellee Jervis B. Webb Company Mediation Questionnaire. Date of service: 09/03/2019. [11418704] [19-55993] (Heintz, John) [Entered: 09/03/2019 01:06 PM] |
| Filing 7 MEDIATION ORDER FILED: The Mediation Program of the 9th Circuit Court of Appeals facilitates settlement while appeals are pending. By 09/17/2019, 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... [11418571] (BLS) [Entered: 09/03/2019 12:13 PM] |
| Filing 6 Filed (ECF) Appellant Cooper Drum Cooperating Parties Group Correspondence: Copper Drum's Transcript Designation - No Transcripts Necessary. Date of service: 08/29/2019 [11415698] [19-55993] (Caughey, Jennifer) [Entered: 08/29/2019 03:11 PM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 08/29/2019. 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.[11415283][19-55993] (AD) [Entered: 08/29/2019 12:44 PM] |
| Filing 4 Filed (ECF) Appellant Cooper Drum Cooperating Parties Group Mediation Questionnaire. Date of service: 08/29/2019. [11415029] [19-55993] (Caughey, Jennifer) [Entered: 08/29/2019 11:05 AM] |
| Filing 3 Streamlined request [2] by Appellant Cooper Drum Cooperating Parties Group to extend time to file the brief is approved. Amended briefing schedule: Appellant Cooper Drum Cooperating Parties Group opening brief due 11/25/2019. Appellees California Department of Toxic Substances Control, Jervis B. Webb Company, Jervis B. Webb Company of California and United States of America answering brief due 12/26/2019. The optional reply brief is due 21 days from the date of service of the answering brief. [11411954] (JN) [Entered: 08/27/2019 12:08 PM] |
| Filing 2 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Cooper Drum Cooperating Parties Group. New requested due date is 11/25/2019. [11411818] [19-55993] (Milios, Danica) [Entered: 08/27/2019 11:19 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 09/03/2019. Appellant Cooper Drum Cooperating Parties Group opening brief due 10/24/2019. Appellees California Department of Toxic Substances Control, Jervis B. Webb Company, Jervis B. Webb Company of California and United States of America answering brief due 11/25/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11411407] (RT) [Entered: 08/27/2019 09:19 AM] |
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