MCFSC, et al v. Kevin Elliott, et al
| LOS PADRES FORESTWATCH, EARTH ISLAND INSTITUTE and MOUNTAIN COMMUNITIES FOR FIRE SAFETY |
| UNITED STATES FOREST SERVICE and KEVIN ELLIOTT, in his official capacity as the Forest Supervisor of the Los Padres National Forest |
| AMERICAN FOREST RESOURCE COUNCIL |
| 20-55660 |
| June 29, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
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 Mountain Communities for Fire Safety v. Elliott
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Docket Report
RSS Track this Docket
This docket was last retrieved on March 8, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 37 Filed (ECF) Acknowledgment of hearing notice by Attorney Ms. Anna Katselas for Appellees Kevin Elliott and USFS. Hearing in Pasadena on 05/12/2021 at 09:00 A.M. (Courtroom: 3). Filer sharing argument time: No. (Argument minutes: 20.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 03/08/2021. [12027580] [20-55660] (Katselas, Anna) [Entered: 03/08/2021 12:16 PM] |
| Filing 36 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Matt Kenna for Appellants Earth Island Institute, Los Padres Forestwatch and Mountain Communities for Fire Safety. Hearing in Pasadena on 05/12/2021 at 09:00 A.M. (Courtroom: Courtroom 3). Filer sharing argument time: No. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 03/02/2021. [12020987] [20-55660] (Kenna, Matt) [Entered: 03/02/2021 08:52 AM] |
| Filing 35 Notice of Oral Argument on Wednesday, May 12, 2021 - 09:00 A.M. - Courtroom 3 - Scheduled Location: Pasadena 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 Wednesday, May 12, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12018918]. [20-55660] (KS) [Entered: 02/28/2021 06:10 AM] |
| Filing 34 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for May 2021 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation).[11962924]. [20-55660] (AW) [Entered: 01/13/2021 04:22 PM] |
| Filing 33 Filed clerk order (Deputy Clerk: SSR): Appellants motion (Docket Entry No. [ # 29 ]) to expedite argument is granted. This case will be placed on the next available calendar as soon as practicable. [11949868] (OC) [Entered: 12/31/2020 02:12 PM] |
| Filing 32 Received 6 paper copies of Reply Brief [ # 26 ] filed by Earth Island Institute, Los Padres Forestwatch and Mountain Communities for Fire Safety. [11946317] (SD) [Entered: 12/28/2020 02:39 PM] |
| Filing 31 Received 3 paper copies of further excerpts of record [ # 27 ] in 1 volume(s) filed by Appellants Earth Island Institute, Los Padres Forestwatch and Mountain Communities for Fire Safety. [11946200] (KWG) [Entered: 12/28/2020 01:51 PM] |
| Filing 30 Received 6 paper copies of Amicus Brief [ # 21 ] filed by American Forest Resource Council. [11933389] (SD) [Entered: 12/18/2020 03:48 PM] |
| Filing 29 Filed (ECF) Appellants Earth Island Institute, Los Padres Forestwatch and Mountain Communities for Fire Safety Motion to expedite case. Date of service: 12/18/2020. [11932938] [20-55660] (Kenna, Matt) [Entered: 12/18/2020 12:00 PM] |
| Filing 28 Filed clerk order: The reply brief [ # 26 ] 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: gray. The further excerpts of record [ # 27 ] 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. [11932652] (KT) [Entered: 12/18/2020 10:24 AM] |
| Filing 27 Submitted (ECF) further excerpts of record. Submitted by Appellants Earth Island Institute, Los Padres Forestwatch and Mountain Communities for Fire Safety. Date of service: 12/17/2020. [11931795] [20-55660] (Kenna, Matt) [Entered: 12/17/2020 03:15 PM] |
| Filing 26 Submitted (ECF) Reply Brief for review. Submitted by Appellants Earth Island Institute, Los Padres Forestwatch and Mountain Communities for Fire Safety. Date of service: 12/17/2020. [11931790] [20-55660] (Kenna, Matt) [Entered: 12/17/2020 03:12 PM] |
| Filing 25 Received 6 paper copies of Answering Brief [ # 18 ] filed by Kevin Elliott and USFS. [11928880] (SD) [Entered: 12/15/2020 04:36 PM] |
| Filing 24 Received 3 paper copies of supplemental excerpts of record [ # 19 ] in 1 volume(s) filed by Appellees Kevin Elliott and USFS. [11927928] (KWG) [Entered: 12/15/2020 10:24 AM] |
| Filing 23 Filed clerk order (Deputy Clerk: GS): Motion [ # 21 ] (ECF Filing) is referred to panel.; Motion (ECF Filing) motion to become amicus is referred to panel. (see attached PDF for complete order addressing Dkt No. 21) [11927004] (GS) [Entered: 12/14/2020 04:09 PM] |
| Filing 22 Entered appearance of Amicus Curiae - Pending American Forest Resource Council. [11924855] (KT) [Entered: 12/11/2020 03:30 PM] |
| Filing 21 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by American Forest Resource Council. Date of service: 12/11/2020. [11924555] [20-55660] (Ghafouri, Sara) [Entered: 12/11/2020 02:09 PM] |
| Filing 20 Filed clerk order: The answering brief [ # 18 ] submitted by Kevin Elliott and USFS 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: red. The supplemental excerpts of record [ # 19 ] submitted by Kevin Elliott and USFS 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. [11920670] (KT) [Entered: 12/09/2020 02:23 PM] |
| Filing 19 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Kevin Elliott and USFS. Date of service: 12/04/2020. [11915385] [20-55660]--[COURT UPDATE: attached corrected PDF of supplemental excerpts of record. 12/09/2020 by KT] (Katselas, Anna) [Entered: 12/04/2020 01:37 PM] |
| Filing 18 Submitted (ECF) Answering Brief for review. Submitted by Appellees Kevin Elliott and USFS. Date of service: 12/04/2020. [11915380] [20-55660]--[COURT UPDATE: attached corrected PDF of answering brief. 12/09/2020 by KT] (Katselas, Anna) [Entered: 12/04/2020 01:33 PM] |
| Filing 17 Received 3 paper copies of excerpts of record [ # 11 ] in 2 volume(s) filed by Appellants. [11859017] (LA) [Entered: 10/14/2020 04:25 PM] |
| Filing 16 Received 6 paper copies of Opening Brief [ # 10 ] filed by Appellants. [11857578]--[Edited 10/14/2020 by LA to correct party filers in docket text] (MAE) [Entered: 10/14/2020 07:58 AM] |
| Filing 15 Streamlined request [14] by Appellees Kevin Elliott and USFS to extend time to file the brief is approved. Amended briefing schedule: Appellees Kevin Elliott and United States Forest Service answering brief due 12/04/2020. The optional reply brief is due 21 days from the date of service of the answering brief. [11850888] (JN) [Entered: 10/07/2020 12:48 PM] |
| Filing 14 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Kevin Elliott and USFS. New requested due date is 12/04/2020. [11850827] [20-55660] (Katselas, Anna) [Entered: 10/07/2020 12:11 PM] |
| Filing 13 Filed clerk order: The opening brief [ # 10 ] 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 [ # 11 ] 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. [11847690]--[Edited 10/14/2020 by LA to correct party filers in docket text] (KT) [Entered: 10/05/2020 02:16 PM] |
| Filing 12 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 11 ]. Original Text: Submitted (ECF) excerpts of record. Submitted by Appellants Mountain Communities for Fire Safety, Los Padres Forestwatch and Earth Island Institute. Date of service: 10/05/2020. [11847231] [20-55660] (Voss, Rene) [Entered: 10/05/2020 11:23 AM] |
| Filing 11 Submitted (ECF) excerpts of record. Submitted by Appellants Mountain Communities for Fire Safety, Los Padres Forestwatch and Earth Island Institute. Date of service: 10/05/2020. [11847225] [20-55660]--[COURT UPDATE: attached PDF of excerpts of record, volume 2. 10/05/2020 by KT] (Voss, Rene) [Entered: 10/05/2020 11:20 AM] |
| Filing 10 Submitted (ECF) Opening Brief for review. Submitted by Appellants Mountain Communities for Fire Safety, Los Padres Forestwatch and Earth Island Institute. Date of service: 10/05/2020. [11847216] [20-55660] (Voss, Rene) [Entered: 10/05/2020 11:17 AM] |
| Filing 9 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. [11764543] (CL) [Entered: 07/23/2020 10:29 PM] |
| Filing 8 Attorney Erika Danielle Norman in 20-55660 substituted by Attorney Anna Katselas in 20-55660 [11756584] (QDL) [Entered: 07/17/2020 11:04 AM] |
| Filing 7 Filed (ECF) notice of appearance of Anna T. Katselas (U.S. Department of Justice, Environment & Natural Resources Division, P.O. Box 7415, Washington, DC 20044) for Appellees Kevin Elliott and USFS. Substitution for Attorney Erika Danielle Norman for Appellees Kevin Elliott and USFS. Date of service: 07/17/2020. (Party was previously proceeding with counsel.) [11756567] [20-55660] (Katselas, Anna) [Entered: 07/17/2020 10:58 AM] |
| Filing 6 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 07/20/2020, 1:00 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11747747] (CL) [Entered: 07/09/2020 03:13 PM] |
| Filing 5 Added Attorney(s) Matt Kenna for party(s) Appellant Mountain Communities for Fire Safety Appellant Los Padres Forestwatch Appellant Earth Island Institute. [11745915] (RL) [Entered: 07/08/2020 12:04 PM] |
| Filing 4 Filed (ECF) notice of appearance of Matt Kenna (Public Interest Environmental Law, 679 E 2nd Ave., Suite 11B, Durango, CO 81301) for Appellants Earth Island Institute, Los Padres Forestwatch and Mountain Communities for Fire Safety. Date of service: 07/08/2020. (Party was previously proceeding with counsel.) [11745901] [20-55660] (Kenna, Matt) [Entered: 07/08/2020 12:00 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 06/29/2020. 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.[11737353]. [20-55660] (AD) [Entered: 06/29/2020 06:44 PM] |
| Filing 2 Filed (ECF) Appellants Earth Island Institute, Los Padres Forestwatch and Mountain Communities for Fire Safety Mediation Questionnaire. Date of service: 06/29/2020. [11736709] [20-55660] (Voss, Rene) [Entered: 06/29/2020 02:32 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Earth Island Institute, Los Padres Forestwatch and Mountain Communities for Fire Safety Mediation Questionnaire due on 07/06/2020. Transcript ordered by 07/27/2020. Transcript due 08/25/2020. Appellants Earth Island Institute, Los Padres Forestwatch and Mountain Communities for Fire Safety opening brief due 10/05/2020. Appellees Kevin Elliott and United States Forest Service answering brief due 11/04/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11736222] (JBS) [Entered: 06/29/2020 10:54 AM] |
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