Friends of the Clearwater, et al v. Jeanne Higgins, et al
| UNITED STATES FISH AND WILDLIFE SERVICE, an agency of the U.S. Department of Interior, UNITED STATES FOREST SERVICE, an agency of the U.S. Department of Agriculture and JEANNE M. HIGGINS, Idaho Panhandle National Forest Supervisor |
| STIMSON LUMBER COMPANY |
| ALLIANCE FOR THE WILD ROCKIES and FRIENDS OF THE CLEARWATER |
| 20-35623 |
| July 14, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| FRIENDS OF THE CLEARWATER V. JEANNE HIGGINS |
Docket Report
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This docket was last retrieved on August 28, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 31 Filed clerk order (Deputy Clerk: SSR): Appellees opposed motion (Docket Entry No. [ # 22 ]) for an extension of time to file the answering briefs is granted. The answering briefs are due September 21, 2020. The optional reply brief is due within 21 days after service of the last-served answering brief. No further motions for extensions of time to file the answering briefs will be granted absent compelling circumstances. [11805893] (WL) [Entered: 08/28/2020 09:56 AM] |
| Filing 30 Received 3 paper copies of excerpts of record [ # 19 ] in 4 volume(s) filed by Appellants Alliance for the Wild Rockies and Friends of the Clearwater. [11802104] (KWG) [Entered: 08/25/2020 01:23 PM] |
| Filing 29 Received 6 paper copies of Opening Brief [ # 18 ] filed by Alliance for the Wild Rockies and Friends of the Clearwater. [11800848] (SD) [Entered: 08/24/2020 04:18 PM] |
| Filing 28 Filed (ECF) Appellants Alliance for the Wild Rockies and Friends of the Clearwater reply to response (). Date of service: 08/21/2020. [11798631] [20-35623] (Smith, Rebecca) [Entered: 08/21/2020 03:48 PM] |
| Filing 27 Filed (ECF) Appellee Stimson Lumber Company reply to response (). Date of service: 08/17/2020. [11791924] [20-35623] (Weis, Julie) [Entered: 08/17/2020 03:07 PM] |
| Filing 26 Filed (ECF) Appellee Stimson Lumber Company response to motion ([ # 20 ] Motion (ECF Filing), [ # 20 ] Motion (ECF Filing) motion to take judicial notice). Date of service: 08/17/2020. [11791666] [20-35623] (Weis, Julie) [Entered: 08/17/2020 01:44 PM] |
| Filing 25 Filed (ECF) Appellees Jeanne M. Higgins, USFS and USFWS response opposing motion ([ # 20 ] Motion (ECF Filing), [ # 20 ] Motion (ECF Filing) motion to take judicial notice). Date of service: 08/14/2020. [11790116] [20-35623] (Kupfer, Avi) [Entered: 08/14/2020 04:07 PM] |
| Filing 24 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [11789103] (VS) [Entered: 08/14/2020 09:37 AM] |
| Filing 23 Filed (ECF) Appellants Alliance for the Wild Rockies and Friends of the Clearwater response opposing motion ([ # 22 ] Motion (ECF Filing), [ # 22 ] Motion (ECF Filing) motion to extend time to file brief). Date of service: 08/11/2020. [11785272] [20-35623] (Smith, Rebecca) [Entered: 08/11/2020 02:24 PM] |
| Filing 22 Filed (ECF) Appellees Jeanne M. Higgins, USFS and USFWS Joint Motion to extend time to file Answering brief until 09/21/2020. Date of service: 08/10/2020. [11784096] [20-35623] (Kupfer, Avi) [Entered: 08/10/2020 07:19 PM] |
| Filing 21 Filed clerk order: The opening brief [ # 18 ] submitted by Alliance for the Wild Rockies and Friends of the Clearwater 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 [ # 19 ] submitted by Alliance for the Wild Rockies and Friends of the Clearwater 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. [11783392] (LA) [Entered: 08/10/2020 02:16 PM] |
| Filing 20 Filed (ECF) Appellants Alliance for the Wild Rockies and Friends of the Clearwater Motion to take judicial notice of Government Documents. Date of service: 08/10/2020. [11783248] [20-35623] (Smith, Rebecca) [Entered: 08/10/2020 01:31 PM] |
| Filing 19 Submitted (ECF) excerpts of record. Submitted by Appellants Alliance for the Wild Rockies and Friends of the Clearwater. Date of service: 08/10/2020. [11783236] [20-35623] (Smith, Rebecca) [Entered: 08/10/2020 01:26 PM] |
| Filing 18 Submitted (ECF) Opening Brief for review. Submitted by Appellants Alliance for the Wild Rockies and Friends of the Clearwater. Date of service: 08/10/2020. [11783223] [20-35623] (Smith, Rebecca) [Entered: 08/10/2020 01:23 PM] |
| Filing 17 Added Attorney(s) Lawson Emmett Fite for party(s) Appellee Stimson Lumber Company, in case 20-35623. [11774674] (RR) [Entered: 08/03/2020 11:03 AM] |
| Filing 16 Filed (ECF) notice of appearance of Lawson Emmett Fite (American Forest Resource Council, 700 NE Multnomah St Ste 320, Portland, OR 97232) for Appellee Stimson Lumber Company. Date of service: 08/02/2020. (Party was previously proceeding with counsel.) [11774127] [20-35623] (Fite, Lawson) [Entered: 08/02/2020 12:19 PM] |
| Filing 15 Filed order (MARY M. SCHROEDER and CONSUELO M. CALLAHAN) Appellants emergency motion for injunctive relief (Docket Entry No. [ # 2 ]) is denied. See Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008); Alliance for Wild Rockies v. Cottrell, 632 F.3d 1127, 1134-35 (9th Cir. 2011). The previously established briefing schedule remains in effect. [11765081] (WL) [Entered: 07/24/2020 11:30 AM] |
| Filing 14 MEDIATION CONFERENCE SCHEDULED - DIAL-IN AssessmentConference, 08/03/2020, 11:00 a.m., PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11759970] (VS) [Entered: 07/21/2020 09:01 AM] |
| Filing 13 Filed (ECF) Appellants Alliance for the Wild Rockies and Friends of the Clearwater reply to response (motion for injunction pending appeal). Date of service: 07/20/2020. [11759750] [20-35623] (Smith, Rebecca) [Entered: 07/20/2020 09:01 PM] |
| Filing 12 Filed (ECF) Appellees Jeanne M. Higgins, USFS and USFWS response opposing motion ([ # 2 ] Motion (ECF Filing), [ # 2 ] Motion (ECF Filing) motion for injunction pending appeal). Date of service: 07/20/2020. [11758740] [20-35623] (Kupfer, Avi) [Entered: 07/20/2020 12:45 PM] |
| Filing 11 Filed (ECF) Appellee Stimson Lumber Company response opposing motion ([ # 2 ] Motion (ECF Filing), [ # 2 ] Motion (ECF Filing)). Date of service: 07/20/2020. [11758628] [20-35623] (Weis, Julie) [Entered: 07/20/2020 11:47 AM] |
| Filing 10 The Mediation Questionnaire for this case was filed on 07/17/2020. 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.[11757806]. [20-35623] (AD) [Entered: 07/17/2020 06:44 PM] |
| Filing 9 Filed (ECF) Appellees Jeanne M. Higgins, USFS and USFWS Mediation Questionnaire. Date of service: 07/17/2020. [11757479] [20-35623] (Kupfer, Avi) [Entered: 07/17/2020 03:46 PM] |
| Filing 8 The Mediation Questionnaire for this case was filed on 07/15/2020. 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.[11754529]. [20-35623] (AD) [Entered: 07/15/2020 06:44 PM] |
| Filing 7 Filed (ECF) Appellants Alliance for the Wild Rockies and Friends of the Clearwater Mediation Questionnaire. Date of service: 07/15/2020. [11754415] [20-35623] (Smith, Rebecca) [Entered: 07/15/2020 04:35 PM] |
| Filing 6 Filed clerk order (Deputy Clerk: SZ): The appeal filed July 13, 2020, is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than August 10, 2020; the answering brief is due September 8, 2020, or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31- 2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [11754015] (WL) [Entered: 07/15/2020 02:04 PM] |
| Filing 5 Filed clerk order: (SZ) The court has received appellants emergency motion at Docket Entry No. [ # 2 ]. The response to the motion is due by 1 p.m. (PDT) on July 20, 2020. The optional reply in support of the motion is due by 1 p.m. (PDT) on July 21, 2020. The briefing schedule will be set by separate order. [11753143] (HH) [Entered: 07/14/2020 05:33 PM] |
| Filing 4 Added Attorney(s) Avi Kupfer for party(s) Appellee Jeanne M. Higgins Appellee USFWS Appellee USFS, in case 20-35623. [11752820] (RR) [Entered: 07/14/2020 03:03 PM] |
| Filing 3 Filed (ECF) notice of appearance of Avi M. Kupfer (United States Department of Justice, PO Box 7415, Washington, DC 20044) for Appellees Jeanne M. Higgins, USFS and USFWS. Date of service: 07/14/2020. (Party was previously proceeding with counsel.) [11752635] [20-35623] (Kupfer, Avi) [Entered: 07/14/2020 02:01 PM] |
| Filing 2 Filed (ECF) Appellants Alliance for the Wild Rockies and Friends of the Clearwater EMERGENCY Motion for injunction pending appeal. Date of service: 07/14/2020. [11752518] [20-35623] (Smith, Rebecca) [Entered: 07/14/2020 01:11 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: to be set. Preliminary Injunction. C.R. 3-3. [11752051] (RT) [Entered: 07/14/2020 10:19 AM] |
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| Search for this case: Friends of the Clearwater, et al v. Jeanne Higgins, et al | |
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| Defendant / appellee: UNITED STATES FISH AND WILDLIFE SERVICE, an agency of the U.S. Department of Interior | |
| Represented By: | Robert Norway |
| Represented By: | Avi Kupfer |
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| Defendant / appellee: UNITED STATES FOREST SERVICE, an agency of the U.S. Department of Agriculture | |
| Represented By: | Robert Norway |
| Represented By: | Avi Kupfer |
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| Defendant / appellee: JEANNE M. HIGGINS, Idaho Panhandle National Forest Supervisor | |
| Represented By: | Robert Norway |
| Represented By: | Avi Kupfer |
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| Intervenor plaintiff: STIMSON LUMBER COMPANY | |
| Represented By: | Julie A. Weis Esquire |
| Represented By: | Sara Ghafouri |
| Represented By: | Lawson Emmett Fite |
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| Plaintiff / appellant: ALLIANCE FOR THE WILD ROCKIES | |
| Represented By: | Rebecca Kay Smith |
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| Plaintiff / appellant: FRIENDS OF THE CLEARWATER | |
| Represented By: | Rebecca Kay Smith |
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