The Coalition to Protect Puget, et al v. Taylor Shellfish Company, Inc., et al
| UNITED STATES ARMY CORPS OF ENGINEERS, an agency of the United States of America, TODD T. SEMONITE, Lieutenant General, in his official capacity as Chief of Engineers of the U.S. Army Corps of Engineers, SCOTT A. SPELLMON, Brigadier General, in his official capacity as Commander of the Northwestern Division of the U.S. Army Corps of Engineers and JOHN G. BUCK, Colonel, in his official capacity as Commander of the Seattle District of the U.S. Army Corps of Engineers |
| NISBET OYSTER CO., INC. and TAYLOR SHELLFISH COMPANY, INC |
| JAMESTOWN S'KLALLAM TRIBE and THE COALITION TO PROTECT PUGET SOUND HABITAT, a non-profit corporation |
| 20-35546 |
| June 18, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| COALITION PROTECT PUGET SOUND V. TAYLOR SHELLFISH COMPANY, INC. |
Docket Report
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This docket was last retrieved on August 13, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 30 Filed (ECF) Appellee Center for Food Safety in 20-35547 response opposing motion ([ # 29 ] Motion (ECF Filing), [ # 29 ] Motion (ECF Filing)). Date of service: 08/13/2020. [11787821] [20-35547, 20-35546] (Van Saun, Amy) [Entered: 08/13/2020 11:39 AM] |
| Filing 29 Filed (ECF) Appellant Taylor Shellfish Company, Inc in 20-35546, Appellant Pacific Coast Shellfish Growers Association in 20-35547 Motion to expedite case. Date of service: 08/03/2020. [11775096] [20-35546, 20-35547] (Plauche, Samuel) [Entered: 08/03/2020 01:16 PM] |
| Filing 28 Filed order (MARY M. SCHROEDER and CONSUELO M. CALLAHAN) Appellants Taylor Shellfish Company, Inc. and Pacific Coast Shellfish Growers Associations joint motion to file an oversized reply (No. 20-35546, Docket Entry No. [ # 25 ]; No. 20-35547, Docket Entry No. [ # 11755978-4 ]) is granted. Appellants motions to stay (No. 20-35546, Docket Entry Nos. [ # 4 ] and [ # 6 ]; No. 20-35547, Docket Entry No. [ # 11726936-4 ]) the district courts June 11, 2020 order pending appeal are denied. See Hilton v. Braunskill, 481 U.S. 770, 776 (1987). The motion to consolidate these appeals is granted. Appeal Nos. 20-35546 and 20-35547 are consolidated. The following briefing schedule shall govern these consolidated appeals: the consolidated opening brief and excerpts of record are due September 28, 2020; the answering briefs are due October 28, 2020; and the consolidated optional reply brief is due within 21 days after service of the answering briefs. Appellees are encouraged to join in a single answering brief to the greatest extent practicable. See 9th Cir. R. 28-4. [11762373] [20-35546, 20-35547] (OC) [Entered: 07/22/2020 03:00 PM] |
| Filing 27 Filed (ECF) Appellant Taylor Shellfish Company, Inc Correspondence: Inadvertently omitted exhibit to Doc entry #26: Joint Reply in Support of Motion For Stay Pending Appeal (ATTACHED). Date of service: 07/16/2020 [11755974] [20-35546] (Plauche, Samuel) [Entered: 07/16/2020 05:28 PM] |
| Filing 26 Filed (ECF) Appellant Taylor Shellfish Company, Inc reply to response (). Date of service: 07/16/2020. [11755966] [20-35546] (Plauche, Samuel) [Entered: 07/16/2020 05:19 PM] |
| Filing 25 Filed (ECF) Appellant Taylor Shellfish Company, Inc Motion to file oversized brief. Date of service: 07/16/2020. [11755959] [20-35546] (Plauche, Samuel) [Entered: 07/16/2020 05:14 PM] |
| Filing 24 Filed (ECF) Appellee The Coalition to Protect Puget Sound Habitat response opposing motion ([ # 4 ] Motion (ECF Filing), [ # 4 ] Motion (ECF Filing)). Date of service: 07/09/2020. [11747862] [20-35546] (Anuta, Karl) [Entered: 07/09/2020 03:51 PM] |
| Filing 23 MEDIATION STATUS REPORT DUE - 08/11/2020. See order for details. [11747585] (LW) [Entered: 07/09/2020 01:44 PM] |
| Filing 22 Added Attorney(s) Thane W. Tienson for party(s) Appellee The Coalition to Protect Puget Sound Habitat, in case 20-35546. [11739905] (JFF) [Entered: 07/01/2020 02:05 PM] |
| Filing 21 Filed (ECF) notice of appearance of Thane Walker Tienson (Landye Bennett Blumstein LLP, 1300 SW 5th Avenue, Suite 3600, Portland, OR 97201) for Appellee The Coalition to Protect Puget Sound Habitat. Date of service: 07/01/2020. (Party was previously proceeding with counsel.) [11739844] [20-35546] (Tienson, Thane) [Entered: 07/01/2020 01:32 PM] |
| Filing 20 Filed (ECF) Appellant Taylor Shellfish Company, Inc reply to response (). Date of service: 06/30/2020. [11738374] [20-35546] (Plauche, Samuel) [Entered: 06/30/2020 01:39 PM] |
| Filing 19 Filed (ECF) Appellee The Coalition to Protect Puget Sound Habitat response to motion ([ # 5 ] Motion (ECF Filing), [ # 5 ] Motion (ECF Filing)). Date of service: 06/29/2020. [11737334] [20-35546] (Anuta, Karl) [Entered: 06/29/2020 06:17 PM] |
| Filing 18 MEDIATION ORDER FILED: By 07/08/2020, 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. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [11736402] (LW) [Entered: 06/29/2020 12:18 PM] |
| Filing 17 Filed clerk order (Deputy Clerk: MN): Appellees motion for an extension of time (Docket Entry No. [ # 13 ]) to respond to appellants motion for stay pending appeal is granted. The response is now due July 9, 2020. Appellants optional reply is due within 7 days after service of the response. [11735224] (OC) [Entered: 06/26/2020 02:45 PM] |
| Filing 16 The Mediation Questionnaire for this case was filed on 06/25/2020. 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.[11734340]. [20-35546] (AD) [Entered: 06/25/2020 06:44 PM] |
| Filing 15 Filed (ECF) Appellant Taylor Shellfish Company, Inc response to motion ([ # 13 ] Motion (ECF Filing), [ # 13 ] Motion (ECF Filing) motion to extend time to file response). Date of service: 06/25/2020. [11733967] [20-35546] (Plauche, Samuel) [Entered: 06/25/2020 03:17 PM] |
| Filing 14 Filed (ECF) Appellant Taylor Shellfish Company, Inc Mediation Questionnaire. Date of service: 06/25/2020. [11733825] [20-35546] (Plauche, Samuel) [Entered: 06/25/2020 02:28 PM] |
| Filing 13 Filed (ECF) Appellee The Coalition to Protect Puget Sound Habitat Urgent Motion to extend time to file a response until 07/13/2020. Date of service: 06/24/2020. [11732652] [20-35546] (Anuta, Karl) [Entered: 06/24/2020 03:45 PM] |
| Filing 12 Added Attorney(s) Mike Sargetakis for party(s) Appellee The Coalition to Protect Puget Sound Habitat, in case 20-35546. [11732477] (JFF) [Entered: 06/24/2020 02:22 PM] |
| Filing 11 Filed (ECF) notice of appearance of Mike J. Sargetakis (Oxbow Law Group, LLC 620 SW Main Street Suite 706 Portland, OR 97205) for Appellee The Coalition to Protect Puget Sound Habitat. Date of service: 06/24/2020. (Party was previously proceeding with counsel.) [11732470] [20-35546] (Sargetakis, Mike) [Entered: 06/24/2020 02:19 PM] |
| Filing 10 Added Attorney Megan K. Terrell for Appellant Taylor Shellfish Company, Inc, in case 20-35546. [11729964] (HH) [Entered: 06/22/2020 06:05 PM] |
| Filing 9 Filed (ECF) notice of appearance of Megan K.Terrell (Plauche & Carr LLP, 1218 Third Avenue, Suite 2000, Seattle, WA 98101) for Appellant Taylor Shellfish Company, Inc. Date of service: 06/22/2020. (Party was previously proceeding with counsel.) [11729961] [20-35546] (Terrell, Megan) [Entered: 06/22/2020 06:03 PM] |
| Filing 8 Notice of Appearance (ECF Filing) [7] is rejected. Filer is not permitted to file on behalf of another attorney. Each attorney must file their own notice of appearance. [11729960] (HH) [Entered: 06/22/2020 06:03 PM] |
| Filing 7 Filed (ECF) notice of appearance of Megan K. Terrell (Plauche & Carr LLP, 1218 Third Avenue, Suite 2000, Seattle, WA 98101) for Appellant Taylor Shellfish Company, Inc. Date of service: 06/22/2020. (Party was previously proceeding with counsel.) [11729925] [20-35546] (Plauche, Samuel) [Entered: 06/22/2020 05:25 PM] |
| Filing 6 Filed (ECF) Appellant Taylor Shellfish Company, Inc Amended Motion to stay lower court action. Date of service: 06/18/2020. [11726932] [20-35546] (Plauche, Samuel) [Entered: 06/18/2020 09:58 PM] |
| Filing 5 Filed (ECF) Appellant Taylor Shellfish Company, Inc Motion to consolidate cases. Date of service: 06/18/2020. [11726923] [20-35546] (Plauche, Samuel) [Entered: 06/18/2020 08:47 PM] |
| Filing 4 Filed (ECF) Appellant Taylor Shellfish Company, Inc Motion to stay lower court action. Date of service: 06/18/2020. [11726920] [20-35546] (Plauche, Samuel) [Entered: 06/18/2020 08:44 PM] |
| Filing 3 Court Correction: Terminated - Nisbet Oyster Co., Inc. in 20-35546 [11726773] (SLM) [Entered: 06/18/2020 04:55 PM] |
| Filing 2 Court correction: Terminated Appellee Jamestown S'Klallam Tribe in 20-35546 [11726401] (SLM) [Entered: 06/18/2020 02:40 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Taylor Shellfish Company, Inc Mediation Questionnaire due on 06/25/2020. Transcript ordered by 07/20/2020. Transcript due 08/18/2020. Appellant Taylor Shellfish Company, Inc opening brief due 09/28/2020. Appellees Jamestown S'Klallam Tribe and The Coalition to Protect Puget Sound Habitat answering brief due 10/28/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11725953] (RT) [Entered: 06/18/2020 10:54 AM] |
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| Intervenor defendant / appellant: NISBET OYSTER CO., INC. | |
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| Intervenor defendant / appellant: TAYLOR SHELLFISH COMPANY, INC | |
| Represented By: | Samuel W. Plauche IV |
| Represented By: | Amanda M. Carr |
| Represented By: | Jesse G. DeNike |
| Represented By: | Megan K. Terrell Esquire |
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| Defendant: UNITED STATES ARMY CORPS OF ENGINEERS, an agency of the United States of America | |
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| Defendant: TODD T. SEMONITE, Lieutenant General, in his official capacity as Chief of Engineers of the U.S. Army Corps of Engineers | |
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| Defendant: SCOTT A. SPELLMON, Brigadier General, in his official capacity as Commander of the Northwestern Division of the U.S. Army Corps of Engineers | |
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| Defendant: JOHN G. BUCK, Colonel, in his official capacity as Commander of the Seattle District of the U.S. Army Corps of Engineers | |
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| Plaintiff / appellee: JAMESTOWN S'KLALLAM TRIBE | |
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| Plaintiff / appellee: THE COALITION TO PROTECT PUGET SOUND HABITAT, a non-profit corporation | |
| Represented By: | Karl G. Anuta |
| Represented By: | Mike Sargetakis |
| Represented By: | Thane W. Tienson |
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