Matthew Smith, et al v. Tumalo Irrigation District, et al
| ANN CORKERY, KEVIN CORKERY, PAUL CALLEN, MATTHEW JAMES SMITH, ALLAN D. CLARK, DARREN PARKER, LYNN WARNER and KATHY POWELL |
| RONALD ALVARADO, in his official capacity as State Conservationist, Natural Resources Conservation Service, United States Department of Agriculture and NATURAL RESOURCES CONSERVATION SERVICE, a federal agency of the United States Department of Agriculture |
| TUMALO IRRIGATION DISTRICT |
| 20-36057 |
| December 7, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 33 Received 3 paper copies of supplemental excerpts of record [ # 26 ] in 1 volume(s) filed by Appellee Tumalo Irrigation District. (sent to panel) [11991579] (LA) [Entered: 02/03/2021 02:22 PM] |
| Filing 32 Received 3 paper copies of supplemental excerpts of record [ # 23 ] in 1 volume(s) filed by Appellees Ronald Alvarado and NRCS. (sent to panel) [11991576] (LA) [Entered: 02/03/2021 02:21 PM] |
| Filing 31 Received 6 paper copies of Answering Brief [ # 22 ] filed by Ronald Alvarado and NRCS. (sent to panel) [11991542] (SD) [Entered: 02/03/2021 02:05 PM] |
| Filing 30 Received 6 paper copies of Answering Brief [ # 25 ] filed by Tumalo Irrigation District. (sent to panel) [11991539] (SD) [Entered: 02/03/2021 02:02 PM] |
| Filing 29 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Mark G. Reinecke for Appellee Tumalo Irrigation District. Hearing in San Francisco on 04/15/2021 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: Yes. (Argument minutes: 7.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 02/02/2021. [11990175] [20-36057] (Reinecke, Mark) [Entered: 02/02/2021 02:31 PM] |
| Filing 28 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Sean Edward Martin for Appellees Ronald Alvarado and NRCS. Hearing in San Francisco on 04/15/2021 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: Yes. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 02/02/2021. [11989924] [20-36057] (Martin, Sean) [Entered: 02/02/2021 01:19 PM] |
| Filing 27 Filed clerk order: The answering brief [ # 25 ] submitted by Tumalo Irrigation District is filed. Appellee is ordered to file 6 copies of the brief in paper format for delivery to the Court by Wednesday, February 3, 2021, 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: red. . The supplemental excerpts of record [ # 26 ] submitted by Tumalo Irrigation District are filed. Appellee is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers, for delivery to the Court by Wednesday, February 3, 2021. The paper copies shall be submitted to the principal office of the Clerk. [11988791] (KT) [Entered: 02/01/2021 04:07 PM] |
| Filing 26 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Tumalo Irrigation District. Date of service: 02/01/2021. [11988373] [20-36057] (Reinecke, Mark) [Entered: 02/01/2021 02:14 PM] |
| Filing 25 Submitted (ECF) Answering Brief for review. Submitted by Appellee Tumalo Irrigation District. Date of service: 02/01/2021. [11988321] [20-36057]--[COURT UPDATE: attached corrected PDF of answering brief. 02/01/2021 by KT] (Reinecke, Mark) [Entered: 02/01/2021 02:00 PM] |
| Filing 24 Filed clerk order: The answering brief [ # 22 ] submitted by Ronald Alvarado and NRCS is filed. Appellees are ordered to file 6 copies of the brief in paper format for delivery to the Court by Wednesday, February 3, 2021, 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: red. The excerpts of record [ # 23 ] submitted by Ronald Alvarado and NRCS are filed. Appellees are ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers, for delivery to the Court by Wednesday, February 3, 2021.The paper copies shall be submitted to the principal office of the Clerk. [11987512] (KT) [Entered: 02/01/2021 09:21 AM] |
| Filing 23 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Ronald Alvarado and NRCS. Date of service: 02/01/2021. [11987363] [20-36057]--[COURT UPDATE: Updated docket text to correct excerpts type. 02/03/2021 by LA] (Martin, Sean) [Entered: 02/01/2021 08:33 AM] |
| Filing 22 Submitted (ECF) Answering Brief for review. Submitted by Appellees NRCS and Ronald Alvarado. Date of service: 02/01/2021. [11987360] [20-36057] (Martin, Sean) [Entered: 02/01/2021 08:29 AM] |
| Filing 21 Notice of Oral Argument on Thursday, April 15, 2021 - 09:00 A.M. - Courtroom 1 - Scheduled Location: San Francisco CA. The hearing time is the local time zone at the scheduled hearing location, even if the argument is fully remote. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, any argument may be held remotely with all of the judges and attorneys appearing by video or telephone. Travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk's Office will be in contact with you directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (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 Thursday, April 15, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11987105]. [20-36057] (AW) [Entered: 01/31/2021 06:14 AM] |
| Filing 20 Filed order (KIM MCLANE WARDLAW, MORGAN B. CHRISTEN and ERIC D. MILLER) Appellees unopposed motions to file oversized responses to appellants motion for injunctive relief (Docket Entry Nos. [ # 8 ] & [ # 10 ]) are granted. Appellants motion for injunctive relief (Docket Entry No. [ # 2 ]) is denied. We sua sponte expedite this appeal. The Clerk shall schedule this case to be calendared in April 2021. See 9th Cir. Gen. Order 3.3(g). The briefing schedule established previously remains in effect. No extensions of time will be granted except upon showing of exceptionally good cause. [11975098] (OC) [Entered: 01/21/2021 02:07 PM] |
| Filing 19 Received 3 paper copies of excerpts of record [ # 14 ] in 2 volume(s) and index volume filed by Appellants. [11968406] (KWG) [Entered: 01/19/2021 03:32 PM] |
| Filing 18 Received correction to deficient excerpts of record [ # 16 ] from Appellants: properly bound replacement copies. [11968405] (KWG) [Entered: 01/19/2021 03:32 PM] |
| Filing 17 Received 6 paper copies of Opening Brief [ # 13 ] filed by Appellants. [11959815] (SD) [Entered: 01/11/2021 05:06 PM] |
| Filing 16 Received Appellants' 3 paper copies of excerpts of record [ # 14 ] in 2 volume and index volume (all volumes bound together). Deficiency: multiple volumes bound together. Corrections required (see attached notice). [11959506] (LA) [Entered: 01/11/2021 03:23 PM] |
| Filing 15 Filed clerk order: The opening brief [ # 13 ] submitted by appellants 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 [ # 14 ] submitted by appellants 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. [11954775] (KT) [Entered: 01/06/2021 03:52 PM] |
| Filing 14 Submitted (ECF) excerpts of record. Submitted by Appellants Paul Callen, Allan D. Clark, Ann Corkery, Kevin Corkery, Darren Parker, Kathy Powell, Matthew James Smith and Lynn Warner. Date of service: 01/04/2021. [11951930] [20-36057]--[COURT UPDATE: attached corrected PDFs of excerpts of record. 01/06/2021 by KT] (Sherlock, William) [Entered: 01/04/2021 06:48 PM] |
| Filing 13 Submitted (ECF) Opening Brief for review. Submitted by Appellants Paul Callen, Allan D. Clark, Ann Corkery, Kevin Corkery, Darren Parker, Kathy Powell, Matthew James Smith and Lynn Warner. Date of service: 01/04/2021. [11951907] [20-36057]--[COURT UPDATE: attached corrected PDF of opening brief. 01/06/2021 by KT] (Sherlock, William) [Entered: 01/04/2021 06:19 PM] |
| Filing 12 Filed (ECF) Appellees Ronald Alvarado, NRCS, Tumalo Irrigation District and Appellants Paul Callen, Allan D. Clark, Ann Corkery, Kevin Corkery, Darren Parker, Kathy Powell, Matthew James Smith and Lynn Warner reply to response (). Date of service: 12/24/2020. [11944969] [20-36057] (Sherlock, William) [Entered: 12/24/2020 12:14 PM] |
| Filing 11 Filed (ECF) Appellee Tumalo Irrigation District response to motion ([ # 2 ] Motion (ECF Filing), [ # 2 ] Motion (ECF Filing)). Date of service: 12/21/2020. [11935985] [20-36057] (Reinecke, Mark) [Entered: 12/21/2020 08:26 PM] |
| Filing 10 Filed (ECF) Appellee Tumalo Irrigation District Motion to file oversized brief. Date of service: 12/21/2020. [11935972] [20-36057] (Reinecke, Mark) [Entered: 12/21/2020 07:20 PM] |
| Filing 9 Filed (ECF) Appellees Ronald Alvarado and NRCS response to motion ([ # 2 ] Motion (ECF Filing), [ # 2 ] Motion (ECF Filing)). Date of service: 12/17/2020. [11931915] [20-36057] (Martin, Sean) [Entered: 12/17/2020 03:59 PM] |
| Filing 8 Filed (ECF) Appellees Ronald Alvarado and NRCS Unopposed Motion to file oversized brief. Date of service: 12/17/2020. [11931910] [20-36057] (Martin, Sean) [Entered: 12/17/2020 03:56 PM] |
| Filing 7 The Mediation Questionnaire for this case was filed on 12/11/2020. 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.[11925244]. [20-36057] (AD) [Entered: 12/11/2020 06:44 PM] |
| Filing 6 Filed (ECF) Appellants Paul Callen, Allan D. Clark, Ann Corkery, Kevin Corkery, Darren Parker, Kathy Powell, Matthew James Smith and Lynn Warner Mediation Questionnaire. Date of service: 12/11/2020. [11924798] [20-36057] (Sherlock, William) [Entered: 12/11/2020 03:09 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: TSP): The appeal filed December 4, 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 January 4, 2021; the answering brief is due February 1, 2021 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. [11924548] (OC) [Entered: 12/11/2020 02:09 PM] |
| Filing 4 Added Attorney(s) Renata Gowie for party(s) Appellee NRCS Appellee Ronald Alvarado, in case 20-36057. [11923337] (JFF) [Entered: 12/10/2020 04:26 PM] |
| Filing 3 Filed (ECF) notice of appearance of Renata A. Gowie (United States Attorney's Office, 1000 SW Third Avenue, Suite 600, Portland, Oregon 97204) for Appellees Ronald Alvarado and NRCS. Date of service: 12/10/2020. (Party was previously proceeding with counsel.) [11922970] [20-36057] (Gowie, Renata) [Entered: 12/10/2020 02:59 PM] |
| Filing 2 Filed (ECF) Appellants Paul Callen, Allan D. Clark, Ann Corkery, Kevin Corkery, Darren Parker, Kathy Powell, Matthew James Smith and Lynn Warner Motion for injunction pending appeal. Date of service: 12/10/2020. [11922125] [20-36057] (Sherlock, William) [Entered: 12/10/2020 10:11 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: To be set. Preliminary Injunction Appeal, C.R. 3-3. [11917627] (JBS) [Entered: 12/07/2020 04:12 PM] |
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