Center for Food Safety v. Pacific Coast Shellfish Grower, 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 MARK A. GERALDI, Colonel, in his Official Capacity as Commander of the Seattle District of the U.S. Army Corps of Engineers |
| NISBET OYSTER CO., INC. and PACIFIC COAST SHELLFISH GROWERS ASSOCIATION |
| CENTER FOR FOOD SAFETY, a non-profit corporation |
| 20-35547 |
| June 18, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 19 Filed (ECF) Appellee Center for Food Safety in 20-35547 response opposing motion ([ # 18 ] Motion (ECF Filing), [ # 18 ] 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 18 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 17 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. [ # 11755959-4 ]; No. 20-35547, Docket Entry No. [ # 15 ]) is granted. Appellants motions to stay (No. 20-35546, Docket Entry Nos. [ # 11726920-5 ] and [ # 11726932-4 ]; No. 20-35547, Docket Entry No. [ # 2 ]) 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 16 Filed (ECF) Appellant Pacific Coast Shellfish Growers Association reply to response (). Date of service: 07/16/2020. [11755979] [20-35547] (Plauche, Samuel) [Entered: 07/16/2020 05:34 PM] |
| Filing 15 Filed (ECF) Appellant Pacific Coast Shellfish Growers Association Motion to file oversized brief. Date of service: 07/16/2020. [11755978] [20-35547] (Plauche, Samuel) [Entered: 07/16/2020 05:32 PM] |
| Filing 14 Filed (ECF) Appellee Center for Food Safety response opposing motion ([ # 2 ] Motion (ECF Filing), [ # 2 ] Motion (ECF Filing)). Date of service: 07/09/2020. [11747984] [20-35547] (Van Saun, Amy) [Entered: 07/09/2020 04:33 PM] |
| Filing 13 Filed (ECF) Appellant Pacific Coast Shellfish Growers Association reply to response (). Date of service: 06/30/2020. [11738386] [20-35547] (Plauche, Samuel) [Entered: 06/30/2020 01:41 PM] |
| Filing 12 Filed (ECF) Appellee Center for Food Safety response non-opposing motion ([ # 3 ] Motion (ECF Filing), [ # 3 ] Motion (ECF Filing)). Date of service: 06/29/2020. [11737293] [20-35547] (Van Saun, Amy) [Entered: 06/29/2020 05:37 PM] |
| Filing 11 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. [11736415] (LW) [Entered: 06/29/2020 12:26 PM] |
| Filing 10 Filed clerk order (Deputy Clerk: MN): Appellees motion for an extension of time (Docket Entry No. [ # 6 ]) 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. [11735217] (OC) [Entered: 06/26/2020 02:43 PM] |
| Filing 9 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.[11734341]. [20-35547] (AD) [Entered: 06/25/2020 06:44 PM] |
| Filing 8 Filed (ECF) Appellant Pacific Coast Shellfish Growers Association response to motion ([ # 6 ] Motion (ECF Filing), [ # 6 ] Motion (ECF Filing) motion to extend time to file opposition). Date of service: 06/25/2020. [11733969] [20-35547] (Plauche, Samuel) [Entered: 06/25/2020 03:19 PM] |
| Filing 7 Filed (ECF) Appellant Pacific Coast Shellfish Growers Association Mediation Questionnaire. Date of service: 06/25/2020. [11733831] [20-35547] (Plauche, Samuel) [Entered: 06/25/2020 02:30 PM] |
| Filing 6 Filed (ECF) Appellee Center for Food Safety Motion to extend time to file opposition until 07/13/2020. Date of service: 06/24/2020. [11732292] [20-35547] (Van Saun, Amy) [Entered: 06/24/2020 01:12 PM] |
| Filing 5 Added Attorney Megan K. Terrell for Appellant Pacific Coast Shellfish Growers Association, in case 20-35547. [11729967] (HH) [Entered: 06/22/2020 06:06 PM] |
| Filing 4 Filed (ECF) notice of appearance of Megan K. Terrell (Plauche & Carr LLP, 1218 Third Avenue, Suite 2000, Seattle, WA 98101) for Appellant Pacific Coast Shellfish Growers Association. Date of service: 06/22/2020. (Party was previously proceeding with counsel.) [11729931] [20-35547] (Terrell, Megan) [Entered: 06/22/2020 05:29 PM] |
| Filing 3 Filed (ECF) Appellant Pacific Coast Shellfish Growers Association Motion to consolidate cases. Date of service: 06/18/2020. [11726937] [20-35547] (Plauche, Samuel) [Entered: 06/18/2020 10:03 PM] |
| Filing 2 Filed (ECF) Appellant Pacific Coast Shellfish Growers Association Motion to stay lower court action. Date of service: 06/18/2020. [11726936] [20-35547] (Plauche, Samuel) [Entered: 06/18/2020 10:02 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Pacific Coast Shellfish Growers Association Mediation Questionnaire due on 06/25/2020. Transcript ordered by 07/20/2020. Transcript due 08/18/2020. Appellant Pacific Coast Shellfish Growers Association opening brief due 09/28/2020. Appellee Center for Food Safety answering brief due 10/28/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11726037] (RT) [Entered: 06/18/2020 11:15 AM] |
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| Intervenor defendant / appellant: NISBET OYSTER CO., INC. | |
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| Intervenor defendant / appellant: PACIFIC COAST SHELLFISH GROWERS ASSOCIATION | |
| 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: MARK A. GERALDI, 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: CENTER FOR FOOD SAFETY, a non-profit corporation | |
| Represented By: | Amy Luisa Van Saun Esquire |
| Represented By: | George Andreas Kimbrell Esquire |
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