United Cook Inlet Drift Ass'n, et al v. NMFS, et al
| REBECCA M. BLANK, in her official capacity as Acting United States Secretary of Commerce, NATIONAL MARINE FISHERIES SERVICE, JANE LUBCHENCO, in her offical capacity as Administrator, National Oceanic and Atmospheric Administration and JAMES W BALSIGER, in his offical capacity as NMFS Alaska Region Administrator |
| STATE OF ALASKA |
| UNITED COOK INLET DRIFT ASSOCIATION and COOK INLET FISHERMEN'S FUND |
| 20-35029 |
| January 15, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| UNITED COOK INLET DRIFT ASS'N V. NMFS |
Docket Report
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This docket was last retrieved on March 9, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 25 Filed (ECF) Appellants Cook Inlet Fishermen's Fund and United Cook Inlet Drift Association reply to response (motion to supplement record on appeal, , ). Date of service: 03/09/2020. [11623036] [20-35029] (Morgan, Jason) [Entered: 03/09/2020 01:49 PM] |
| Filing 24 Notice of Oral Argument on Wednesday, May 13, 2020 - 09:00 A.M. - Courtroom 3 - San Francisco 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 Wednesday, May 13, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11616257]. [Array, 20-35029] (AW) [Entered: 03/03/2020 10:38 AM] |
| Filing 23 Filed (ECF) Appellee State of Alaska response opposing motion ([ # 17 ] Motion (ECF Filing), [ # 17 ] Motion (ECF Filing) motion to supplement record on appeal). Date of service: 03/02/2020. [11615632] [20-35029] (Wolff, Laura) [Entered: 03/02/2020 05:04 PM] |
| Filing 22 Filed (ECF) Appellees James W Balsiger, Rebecca M. Blank, Jane Lubchenco and NMFS response opposing motion ([ # 17 ] Motion (ECF Filing), [ # 17 ] Motion (ECF Filing)). Date of service: 03/02/2020. [11614873] [20-35029] (Durkee, Ellen) [Entered: 03/02/2020 01:41 PM] |
| Filing 21 Filed order (WILLIAM C. CANBY and RONALD M. GOULD): Appellants motion to expedite this appeal (Docket Entry No. [ # 5 ]) is granted in part. Appellants opening brief and excerpts of record have been filed. Appellees and intervenor-appellees answering briefs are due March 23, 2020. The optional reply brief is due April 7, 2020. Appellants motion to supplement the record (Docket Entry No. [ # 17 ]) is referred to the panel assigned to decide the merits of this appeal. 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 case on the oral argument calendar for May 2020. See 9th Cir. Gen. Ord. 3.3(g). [11611038] (AF) [Entered: 02/27/2020 11:29 AM] |
| Filing 20 Received 6 paper copies of Opening Brief [ # 15 ] filed by Cook Inlet Fishermen's Fund and United Cook Inlet Drift Association. [11608073] (SD) [Entered: 02/25/2020 11:30 AM] |
| Filing 19 Received 3 paper copies of excerpts of record [ # 16 ] in 3 volume(s) filed by Appellants Cook Inlet Fishermen's Fund and United Cook Inlet Drift Association. [11606796] (KT) [Entered: 02/24/2020 01:55 PM] |
| Filing 18 Filed clerk order: The opening brief [ # 15 ] submitted by Cook Inlet Fishermen's Fund and United Cook Inlet Drift Association 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: blue. The excerpts of record [ # 16 ] submitted by Cook Inlet Fishermen's Fund and United Cook Inlet Drift Association are filed. Within 7 days of this order, filer is ordered to file 3 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. [11603978] (LA) [Entered: 02/20/2020 04:44 PM] |
| Filing 17 Filed (ECF) Appellants Cook Inlet Fishermen's Fund and United Cook Inlet Drift Association Motion to supplement record on appeal. Date of service: 02/20/2020. [11603798] [20-35029] (Morgan, Jason) [Entered: 02/20/2020 03:35 PM] |
| Filing 16 Submitted (ECF) excerpts of record. Submitted by Appellants Cook Inlet Fishermen's Fund and United Cook Inlet Drift Association. Date of service: 02/20/2020. [11603769] [20-35029] (Morgan, Jason) [Entered: 02/20/2020 03:25 PM] |
| Filing 15 Submitted (ECF) Opening Brief for review. Submitted by Appellants Cook Inlet Fishermen's Fund and United Cook Inlet Drift Association. Date of service: 02/20/2020. [11603751] [20-35029] (Morgan, Jason) [Entered: 02/20/2020 03:20 PM] |
| Filing 14 Filed clerk order (Deputy Clerk: SM): The court has received the motion requesting assignment of this appeal to the panel that decided United Cook Inlet Drift Assn v. Natl Marine Fisheries Serv., 837 F.3d 1055 (9th Cir. 2016). That panel has declined to accept this appeal, and the request is denied. Appellants request to expedite, contained in Docket Entry No. [ # 5 ], will be resolved by separate order. [11597118] (OC) [Entered: 02/13/2020 04:04 PM] |
| Filing 13 Filed (ECF) Appellants Cook Inlet Fishermen's Fund and United Cook Inlet Drift Association reply to response (). Date of service: 02/07/2020. [11589364] [20-35029] (Morgan, Jason) [Entered: 02/07/2020 10:30 AM] |
| Filing 12 Filed (ECF) Appellee State of Alaska response to motion ([ # 5 ] Motion (ECF Filing), [ # 5 ] Motion (ECF Filing)). Date of service: 02/03/2020. [11583558] [20-35029] (Peterson, Aaron) [Entered: 02/03/2020 04:38 PM] |
| Filing 11 Added Attorney(s) Laura Wolff for party(s) Appellee State of Alaska, in case 20-35029. [11583540] (RR) [Entered: 02/03/2020 04:29 PM] |
| Filing 10 Filed (ECF) Appellees James W Balsiger, Rebecca M. Blank, Jane Lubchenco and NMFS response to motion ([ # 5 ] Motion (ECF Filing), [ # 5 ] Motion (ECF Filing)). Date of service: 02/03/2020. [11583405] [20-35029] (Durkee, Ellen) [Entered: 02/03/2020 03:52 PM] |
| Filing 9 Terminated Sarah J. Sheffield for NMFS, Jane Lubchenco, Rebecca M. Blank and James W Balsiger in 20-35029 - per unregistered counsel's request; parties are represented by other counsel [11583102] (SVG) [Entered: 02/03/2020 02:31 PM] |
| Filing 8 Filed (ECF) notice of appearance of Laura E. Wolff (State of Alaska, Attorney General's Office 1031 West 4th Avenue, Suite 200 Anchorage, AK 99501) for Appellee State of Alaska. Date of service: 02/03/2020. (Party was previously proceeding with counsel.) [11582901] [20-35029] (Wolff, Laura) [Entered: 02/03/2020 01:42 PM] |
| Filing 7 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. [11577927] (VS) [Entered: 01/29/2020 10:28 AM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 01/22/2020. 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.[11571129]. [20-35029] (AD) [Entered: 01/22/2020 06:44 PM] |
| Filing 5 Filed (ECF) Appellants Cook Inlet Fishermen's Fund and United Cook Inlet Drift Association Motion to expedite case. Date of service: 01/22/2020. [11570999] [20-35029] (Morgan, Jason) [Entered: 01/22/2020 04:38 PM] |
| Filing 4 Filed (ECF) Appellants Cook Inlet Fishermen's Fund and United Cook Inlet Drift Association Mediation Questionnaire. Date of service: 01/22/2020. [11570984] [20-35029] (Morgan, Jason) [Entered: 01/22/2020 04:33 PM] |
| Filing 3 Added Attorney(s) Ellen Durkee for party(s) Appellee NMFS, Appellee Jane Lubchenco, Appellee James W Balsiger and Appellee Rebecca M. Blank, in case 20-35029. [11567498] (QDL) [Entered: 01/21/2020 09:12 AM] |
| Filing 2 Filed (ECF) notice of appearance of Ellen J. Durkee (Appellate Section, Environment & Natural Resources Division, U.S. Department of Justice, P.O. Box 7415, Washington, D.C. 20044) for Appellees James W Balsiger, Rebecca M. Blank, Jane Lubchenco and NMFS. Date of service: 01/21/2020. (Party was previously proceeding with counsel.) [11567346] [20-35029] (Durkee, Ellen) [Entered: 01/21/2020 08:20 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Cook Inlet Fishermen's Fund and United Cook Inlet Drift Association Mediation Questionnaire due on 01/22/2020. Transcript ordered by 02/13/2020. Transcript due 03/16/2020. Appellants Cook Inlet Fishermen's Fund and United Cook Inlet Drift Association opening brief due 04/23/2020. Appellees James W Balsiger, Rebecca M. Blank, Jane Lubchenco, National Marine Fisheries Service and State of Alaska answering brief due 05/26/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11563238] (RT) [Entered: 01/15/2020 11:29 AM] |
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| Defendant / appellee: REBECCA M. BLANK, in her official capacity as Acting United States Secretary of Commerce | |
| Represented By: | Travis Annatoyn |
| Represented By: | Coby Howell |
| Represented By: | Sarah J. Sheffield |
| Represented By: | Ellen Durkee |
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| Defendant / appellee: NATIONAL MARINE FISHERIES SERVICE | |
| Represented By: | Travis Annatoyn |
| Represented By: | Coby Howell |
| Represented By: | Sarah J. Sheffield |
| Represented By: | Ellen Durkee |
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| Defendant / appellee: JANE LUBCHENCO, in her offical capacity as Administrator, National Oceanic and Atmospheric Administration | |
| Represented By: | Travis Annatoyn |
| Represented By: | Coby Howell |
| Represented By: | Sarah J. Sheffield |
| Represented By: | Ellen Durkee |
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| Defendant / appellee: JAMES W BALSIGER, in his offical capacity as NMFS Alaska Region Administrator | |
| Represented By: | Travis Annatoyn |
| Represented By: | Coby Howell |
| Represented By: | Sarah J. Sheffield |
| Represented By: | Ellen Durkee |
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| Intervenor defendant / appellee: STATE OF ALASKA | |
| Represented By: | Aaron Christian Peterson |
| Represented By: | Laura Wolff |
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| Plaintiff / appellant: UNITED COOK INLET DRIFT ASSOCIATION | |
| Represented By: | Jason T. Morgan |
| Represented By: | Ryan P. Steen |
| Represented By: | Beth S. Ginsberg |
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| Plaintiff / appellant: COOK INLET FISHERMEN'S FUND | |
| Represented By: | Jason T. Morgan |
| Represented By: | Ryan P. Steen |
| Represented By: | Beth S. Ginsberg |
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