BNSF Railway Company, et al v. Friends of the Columbia Gorge,, et al
| CONFEDERATED TRIBES AND BANDS OF THE YAKAMA NATION |
| RICHARD DAVIAU, in his official capacity as County Planner of Clark County, KEVIN A. PRIDEMORE, in his official capacity as Code Enforcement Coordinator of Clark County, CLARK COUNTY, Washington and MITCH NICKOLDS, in his official capacity as Director of Community Development of Clark County |
| COLUMBIA RIVER GORGE COMMISSION and FRIENDS OF THE COLUMBIA GORGE, INC. |
| BNSF RAILWAY COMPANY |
| 20-35205 |
| March 6, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
 BNSF Railway Co. v. Friends of the Columbia River Gorge
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Docket Report
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This docket was last retrieved on April 28, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 Filed clerk order (Deputy Clerk: LCC): A review of the record and the response to this courts March 12, 2020 order reveals that the district court has granted the post-judgment motion and entered an amended final judgment, and that an amended notice of appeal has been filed to include the amended final judgment. Accordingly, the notice of appeal is so amended, and this appeal shall proceed. The opening brief and excerpts of record are due June 29, 2020; the answering brief is due July 29, 2020; and the optional reply brief is due within 21 days after service of the answering brief. [11674529] (AF) [Entered: 04/28/2020 01:44 PM] |
| Filing 9 Received copy of amended notice of appeal from district court filed 4/22/20. [11669707] (CW) [Entered: 04/23/2020 12:08 PM] |
| Filing 8 Filed (ECF) Appellant Friends of the Columbia Gorge, Inc. Correspondence: Letter regarding continuing to prosecute this appeal. Date of service: 04/22/2020 [11668878] [20-35205] (Kahn, Gary) [Entered: 04/22/2020 04:12 PM] |
| Filing 7 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [11652407] (LW) [Entered: 04/06/2020 11:56 AM] |
| Filing 6 MEDIATION ORDER FILED: By 04/03/2020, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. SEE ORDER FOR DETAILS. [11637301]--[Edited 03/20/2020 by MS] (LW) [Entered: 03/20/2020 04:03 PM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 03/19/2020. 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.[11635989]. [20-35205] (AD) [Entered: 03/19/2020 06:44 PM] |
| Filing 4 Filed (ECF) Appellant Friends of the Columbia Gorge, Inc. Mediation Questionnaire. Date of service: 03/19/2020. [11635836] [20-35205] (Kahn, Gary) [Entered: 03/19/2020 04:32 PM] |
| Filing 3 MEDIATION ORDER FILED: The court of appeals' records do not indicate that appellant has filed a mediation questionnaire in accordance with Cir. R. 3-4. Within seven (7) days of the filing date of this order, appellant shall file a Mediation Questionnaire or dismiss the appeal voluntarily. [11635510] (LW) [Entered: 03/19/2020 02:16 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: LCC): The courts records reflect that appellee timely filed a motion listed in Federal Rule of Appellate Procedure 4(a)(4), which is still pending. The notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, appellate proceedings other than mediation shall be held in abeyance pending the district courts resolution of the pending motion. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994); Tripati v. Henman, 845 F.2d 205, 206 (9th Cir. 1988). Within 7 days after the district courts ruling on the pending motion, appellant shall notify this court in writing of the ruling and shall advise whether appellant intends to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk shall serve this order on the district court. [11626994] (TSP) [Entered: 03/12/2020 07:13 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Friends of the Columbia Gorge, Inc. Mediation Questionnaire due on 03/13/2020. Transcript ordered by 04/06/2020. Transcript due 05/04/2020. Appellant Friends of the Columbia Gorge, Inc. opening brief due 06/12/2020. Appellee BNSF Railway Company answering brief due 07/13/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11620437] (RT) [Entered: 03/06/2020 09:33 AM] |
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