County of Maui v. Chevron USA Inc., et al
| BP AMERICA, INC., CHEVRON USA INC., ALOHA PETROLEUM LLC, DOES, 1 through 100 inclusive, CONOCOPHILLIPS, BHP HAWAII INC., SUNOCO LP, CONOCOPHILLIPS COMPANY, BHP GROUP PLC, BHP GROUP LIMITED, EXXONMOBIL OIL CORPORATION, PHILLIPS 66, MARATHON PETROLEUM CORP., SHELL OIL PRODUCTS COMPANY LLC, CHEVRON CORPORATION, PHILLIPS 66 COMPANY, BP PLC, ALOHA PETROLEUM, LTD., SHELL OIL COMPANY, EXXON MOBIL CORPORATION and ROYAL DUTCH SHELL PLC |
| COUNTY OF MAUI |
| CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, RICHARD BOWMAN MYERS, United States Air Force General (Retired), MICHAEL GLENN MULLEN, United States Navy Admiral (Retired), NATIONAL LEAGUE OF CITIES, U.S. CONFERENCE OF MAYORS, INTERNATIONAL MUNICIPAL LAWYERS ASSOCIATION, CENTER FOR CLIMATE INTEGRITY, UNION OF CONCERNED SCIENTISTS, ROBERT BRULLE, JUSTIN FARRELL, BENJAMIN FRANTA, STEPHAN LEWANDOWSKY, NAOMI OREKES, and GEOFFREY SUPRAN, CHARLES H. FLETCHER, STATES OF HAWAII, CALIFORNIA, CONNECTICUT, DELAWARE, MARYLAND, MINNESOTA, NEW JERSEY, NEW MEXICO, NEW YORK, OREGON, RHODE ISLAND, WASHINGTON, COMMONWEALTH OF MASSACHUSETTS, and the DISTRICT OF COLUMBIA, LEGAL SCHOLARS and HAWAII STATE ASSOCIATION OF COUNTIES |
| 21-15318 |
| February 23, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Torts to Land |
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| Filing 115 Filed order (MICHAEL DALY HAWKINS, RYAN D. NELSON and DANIELLE J. FORREST): The submission of this case is vacated, and further proceedings are held in abeyance pending the issuance of the mandate in County of San Mateo v. Chevron Corp., No. 18-15499. [12375967] [21-15313, 21-15318] (AF) [Entered: 02/22/2022 10:06 AM] |
| Filing 114 Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [12374800] [21-15313, 21-15318] (KAD) [Entered: 02/18/2022 12:59 PM] |
| Filing 113 ARGUED AND SUBMITTED TO MICHAEL DALY HAWKINS, RYAN D. NELSON and DANIELLE J. FORREST. [12373557] [21-15313, 21-15318] (KAD) [Entered: 02/17/2022 01:58 PM] |
| Filing 112 Filed (ECF) Appellants Chevron Corporation and Chevron USA Inc. in 21-15313, 21-15318 citation of supplemental authorities. Date of service: 02/14/2022. [12369045] [21-15313, 21-15318] (Boutrous, Theodore) [Entered: 02/14/2022 09:57 AM] |
| Filing 111 Filed (ECF) Appellee City & County of Honolulu in 21-15313, Appellee County of Maui in 21-15318 citation of supplemental authorities. Date of service: 02/09/2022. [12365559] [21-15313, 21-15318] (Sher, Victor) [Entered: 02/09/2022 03:22 PM] |
| Filing 110 Notice of Oral Argument on Thursday, February 17, 2022 - 09:00 A.M. - Hawaii Bkcy Courtroom 250L - Scheduled Location: Honolulu HI. The hearing time is the local time zone at the scheduled hearing location. 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, you may have the option to appear in person at the Courthouse or remotely by video. Check # here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination . The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. 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 28 days before Thursday, February 17, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12358802]. [21-15313, 21-15318] (KS) [Entered: 02/02/2022 01:08 PM] |
| Filing 109 Filed (ECF) Appellants Chevron Corporation and Chevron USA Inc. in 21-15313, 21-15318 citation of supplemental authorities. Date of service: 02/02/2022. [12358261] [21-15313, 21-15318] (Boutrous, Theodore) [Entered: 02/02/2022 09:09 AM] |
| Filing 108 Filed (ECF) Appellants Chevron Corporation and Chevron USA Inc. in 21-15313, 21-15318 citation of supplemental authorities. Date of service: 02/02/2022. [12358258] [21-15313, 21-15318] (Boutrous, Theodore) [Entered: 02/02/2022 09:08 AM] |
| Filing 107 Filed (ECF) Appellants Chevron Corporation and Chevron USA Inc. in 21-15313, 21-15318 citation of supplemental authorities. Date of service: 01/25/2022. [12351352] [21-15313, 21-15318] (Boutrous, Theodore) [Entered: 01/25/2022 08:09 PM] |
| Filing 106 Filed (ECF) Appellants Chevron Corporation and Chevron USA Inc. in 21-15313, 21-15318 citation of supplemental authorities. Date of service: 01/25/2022. [12351351] [21-15313, 21-15318] (Boutrous, Theodore) [Entered: 01/25/2022 08:08 PM] |
| Filing 105 Filed (ECF) Appellee City & County of Honolulu in 21-15313, Appellee County of Maui in 21-15318 citation of supplemental authorities. Date of service: 01/24/2022. [12349408] [21-15313, 21-15318] (Sher, Victor) [Entered: 01/24/2022 03:52 PM] |
| Filing 104 Filed (ECF) Appellee City & County of Honolulu in 21-15313, Appellee County of Maui in 21-15318 citation of supplemental authorities. Date of service: 01/24/2022. [12349402] [21-15313, 21-15318] (Sher, Victor) [Entered: 01/24/2022 03:49 PM] |
| Filing 103 Filed (ECF) Appellants Chevron Corporation and Chevron USA Inc. in 21-15313, 21-15318 citation of supplemental authorities. Date of service: 01/21/2022. [12348143] [21-15313, 21-15318] (Boutrous, Theodore) [Entered: 01/21/2022 07:41 PM] |
| Filing 102 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Victor Marc Sher for Appellee City & County of Honolulu in 21-15313, Attorney Mr. Victor Marc Sher for Appellee County of Maui in 21-15318. Hearing in Honolulu on 02/18/2022 at 09:00 A.M. (Courtroom: Hawaii Bkcy Courtroom 250L). Filer sharing argument time: No. (Argument minutes: 15) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 01/21/2022. [12347300] [21-15313, 21-15318] (Sher, Victor) [Entered: 01/21/2022 11:53 AM] |
| Filing 101 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Theodore J. Boutrous, Jr., Esquire for Appellants Chevron Corporation and Chevron USA Inc. in 21-15313, Attorney Mr. Theodore J. Boutrous, Jr., Esquire for Appellants Chevron USA Inc. and Chevron Corporation in 21-15318. Hearing in Honolulu on 02/18/2022 at 09:00 A.M. (Courtroom: Hawaii Bkcy Courtroom 250L). Filer sharing argument time: No. (Argument minutes: 15) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 01/21/2022. [12347192] [21-15313, 21-15318] (Boutrous, Theodore) [Entered: 01/21/2022 11:11 AM] |
| Filing 100 Filed (ECF) Appellee City & County of Honolulu in 21-15313, Appellee County of Maui in 21-15318 citation of supplemental authorities. Date of service: 01/18/2022. [12343908] [21-15313, 21-15318] (Sher, Victor) [Entered: 01/18/2022 04:49 PM] |
| Filing 99 Filed (ECF) Appellee City & County of Honolulu in 21-15313, Appellee County of Maui in 21-15318 citation of supplemental authorities. Date of service: 01/18/2022. [12343873] [21-15313, 21-15318] (Sher, Victor) [Entered: 01/18/2022 04:41 PM] |
| Filing 98 Filed (ECF) Appellee City & County of Honolulu in 21-15313, Appellee County of Maui in 21-15318 citation of supplemental authorities. Date of service: 01/18/2022. [12343866] [21-15313, 21-15318] (Sher, Victor) [Entered: 01/18/2022 04:38 PM] |
| Filing 97 Filed (ECF) Appellants Chevron Corporation and Chevron USA Inc. in 21-15313, 21-15318 citation of supplemental authorities. Date of service: 01/11/2022. [12338189] [21-15313, 21-15318] (Boutrous, Theodore) [Entered: 01/11/2022 08:01 PM] |
| Filing 96 Filed (ECF) Appellee City & County of Honolulu in 21-15313, Appellee County of Maui in 21-15318 citation of supplemental authorities. Date of service: 01/06/2022. [12333764] [21-15313, 21-15318] (Sher, Victor) [Entered: 01/06/2022 05:05 PM] |
| Filing 95 Notice of Oral Argument on Friday, February 18, 2022 - 09:00 A.M. - Hawaii Bkcy Courtroom 250L - Scheduled Location: Honolulu HI. The hearing time is the local time zone at the scheduled hearing location. 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, you may have the option to appear in person at the Courthouse or remotely by video. Check # here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination . The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. 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 28 days before Friday, February 18, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12305762]. [21-15313, 21-15318] (KS) [Entered: 12/05/2021 06:08 AM] |
| Filing 94 Filed (ECF) Appellants Aloha Petroleum, Ltd., Aloha Petroleum, Ltd., BHP Group Limited, BHP Hawaii Inc., BHP PLC, BP America, Inc., BP plc, Chevron Corporation, Chevron USA Inc., ConocoPhillips, COP, Exxon Mobil Corporation, ExxonMobil Oil Corporation, Marathon Petroleum Corp., PSX, Royal Dutch Shell PLC, Shell Oil Company, Shell Oil Products Company LLC and Sunoco LP in 21-15313, Appellants Aloha Petroleum LLC, Aloha Petroleum, Ltd., BHP Group Limited, BHP Group PLC, BHP Hawaii Inc., BP America, Inc., BP plc, Chevron Corporation, Chevron USA Inc., ConocoPhillips, COP, Exxon Mobil Corporation, ExxonMobil Oil Corporation, Marathon Petroleum Corp., PSX, Royal Dutch Shell PLC, Shell Oil Company, Shell Oil Products Company LLC and Sunoco LP in 21-15318 reply to response (). Date of service: 11/24/2021. [12297955] [21-15313, 21-15318] (Boutrous, Theodore) [Entered: 11/24/2021 02:15 PM] |
| Filing 93 Filed (ECF) Appellee City & County of Honolulu in 21-15313, Appellee County of Maui in 21-15318 response to motion ([ # 89 ] Motion (ECF Filing), [ # 89 ] Motion (ECF Filing)). Date of service: 11/18/2021. [12292323] [21-15313, 21-15318] (Sher, Victor) [Entered: 11/18/2021 03:32 PM] |
| Filing 92 Received 6 paper copies of Reply Brief [ # 90 ] filed by Aloha Petroleum, Ltd., et al. (sent to panel) [12287659] [21-15313, 21-15318] (SD) [Entered: 11/15/2021 03:06 PM] |
| Filing 91 Filed clerk order: The reply brief [ # 90 ] submitted by Aloha Petroleum, Ltd., et al. 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 paper copies shall be submitted to the principal office of the Clerk. [12281955] [21-15313, 21-15318] (KWG) [Entered: 11/08/2021 05:02 PM] |
| Filing 90 Submitted (ECF) Reply Brief for review. Submitted by Appellants Aloha Petroleum, Ltd., Aloha Petroleum, Ltd., BHP Group Limited, BHP Hawaii Inc., BHP PLC, BP America, Inc., BP plc, Chevron Corporation, Chevron USA Inc., ConocoPhillips, COP, Exxon Mobil Corporation, ExxonMobil Oil Corporation, Marathon Petroleum Corp., PSX, Royal Dutch Shell PLC, Shell Oil Company, Shell Oil Products Company LLC and Sunoco LP in 21-15313, Appellants Aloha Petroleum LLC, Aloha Petroleum, Ltd., BHP Group Limited, BHP Group PLC, BHP Hawaii Inc., BP America, Inc., BP plc, Chevron Corporation, Chevron USA Inc., ConocoPhillips, COP, Exxon Mobil Corporation, ExxonMobil Oil Corporation, Marathon Petroleum Corp., PSX, Royal Dutch Shell PLC, Shell Oil Company, Shell Oil Products Company LLC and Sunoco LP in 21-15318. Date of service: 11/08/2021. [12281936] [21-15313, 21-15318] (Boutrous, Theodore) [Entered: 11/08/2021 04:54 PM] |
| Filing 89 Filed (ECF) Appellants Chevron Corporation and Chevron USA Inc. in 21-15313, 21-15318 Motion to take judicial notice of Hawaii state court hearing transcripts. Date of service: 11/08/2021. [12281894] [21-15313, 21-15318] (Boutrous, Theodore) [Entered: 11/08/2021 04:40 PM] |
| Filing 88 This case is being considered for an upcoming oral argument calendar in Honolulu Please review the Honolulu sitting dates for February 2022 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).[12263738]. [21-15313, 21-15318] (KS) [Entered: 10/20/2021 04:51 PM] |
| Filing 87 Terminated Breon S. Peace for BHP PLC, BHP Hawaii Inc. and BHP Group Limited in 21-15313 and BHP Hawaii Inc., BHP Group PLC and BHP Group Limited in 21-15318 [12250607] [21-15313, 21-15318] (DJV) [Entered: 10/07/2021 11:07 AM] |
| Filing 86 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Breon S. Peace for Appellants BHP Group Limited, BHP Hawaii Inc. and BHP PLC in 21-15313, Attorney Breon S. Peace for Appellants BHP Group Limited, BHP Group PLC and BHP Hawaii Inc. in 21-15318. Party proceeding without counsel: No. Date of service: 10/07/2021. [12250575] [21-15313, 21-15318] (Peace, Breon) [Entered: 10/07/2021 10:56 AM] |
| Filing 85 Received 6 paper copies of Amicus Brief [ # 71 ] filed by States of Hawaii, et al. [12248130] [21-15313, 21-15318] (SD) [Entered: 10/05/2021 02:26 PM] |
| Filing 84 Received 6 paper copies of Amicus Brief [ # 73 ] filed by Hawaii State Association of Counties. [12245218] [21-15313, 21-15318] (SD) [Entered: 10/01/2021 02:33 PM] |
| Filing 83 Received 6 paper copies of Amicus Brief [ # 72 ] filed by Legal Scholars. [12244092] [21-15313, 21-15318] (SD) [Entered: 09/30/2021 02:09 PM] |
| Filing 82 Received 6 paper copies of Amicus Brief [ # 70 ] filed by Charles H. Fletcher. [12243772] [21-15313, 21-15318] (SD) [Entered: 09/30/2021 11:21 AM] |
| Filing 81 Received 6 paper copies of Amicus Brief [ # 68 ] filed by National League of Cities, et al.. [12243719] [21-15313, 21-15318] (SD) [Entered: 09/30/2021 10:58 AM] |
| Filing 80 Received 6 paper copies of Amicus Brief [ # 69 ] filed by Robert Brulle, et al. [12242513] [21-15313, 21-15318] (SD) [Entered: 09/29/2021 11:25 AM] |
| Filing 79 Streamlined request [76] by Appellants Chevron Corporation and Chevron USA Inc. in 21-15313 to extend time to file the brief is approved FOR ALL APPELLANTS. Amended briefing schedule: the optional reply brief is due 11/08/2021. [12242075] [21-15313, 21-15318] (DLM) [Entered: 09/28/2021 04:51 PM] |
| Filing 78 Filed clerk order: The amicus brief [ # 73 ] submitted by Hawaii State Association of Counties 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: green. The paper copies shall be submitted to the principal office of the Clerk. [12241856] [21-15313, 21-15318] (KWG) [Entered: 09/28/2021 03:09 PM] |
| Filing 77 Entered appearance of Amicus Curiae Hawaii State Association of Counties. [12241853] [21-15313, 21-15318] (KWG) [Entered: 09/28/2021 03:09 PM] |
| Filing 76 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants Chevron Corporation and Chevron USA Inc. in 21-15313, 21-15318. New requested due date is 11/08/2021. [12241725] [21-15313, 21-15318] (Boutrous, Theodore) [Entered: 09/28/2021 02:23 PM] |
| Filing 75 Filed clerk order: The amicus briefs [ # 68 ], [ # 69 ], [ # 70 ], [ # 71 ], [ # 72 ] submitted by Amici Curiae Robert Brulle, et al., Center for Climate Integrity, Charles H. Fletcher, States of Hawaii, et al., IMLA, Legal Scholars and National League of Cities is filed. Within 7 days of this order, the filer of each brief is ordered to file 6 copies of that 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. The Form 18 certificate is available on the Court's website at # http://www.ca9.uscourts.gov/forms/form18.pdf . The covers of the amicus briefs must be green. The paper copies shall be submitted to the principal office of the Clerk. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [12239488] [21-15313, 21-15318] (KWG) [Entered: 09/27/2021 10:03 AM] |
| Filing 74 Entered appearance of Amici Curiae National League of Cities, U.S. Conference of Mayors, IMLA, Center for Climate Integrity, Union of Concerned Scientists, Robert Brulle, et al., Charles H. Fletcher, States of Hawaii, et al. and Legal Scholars. [12239481] [21-15313, 21-15318] (KWG) [Entered: 09/27/2021 09:58 AM] |
| Filing 73 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Hawaii State Association of Counties. Date of service: 09/24/2021. [12238988] [21-15313, 21-15318]--[COURT UPDATE: Attached corrected PDF of the brief. 09/28/2021 by KWG] (Steed, Miranda) [Entered: 09/24/2021 06:59 PM] |
| Filing 72 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Brief of Legal Scholars As Amici Curiae In Support of Plaintiffs-Appellees. Date of service: 09/24/2021. [12238969] [21-15313, 21-15318] (Cruise, Michael) [Entered: 09/24/2021 06:22 PM] |
| Filing 71 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Brief for Amicus Curiae States of Hawaii, California, Connecticut, Delaware, Maryland, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Washington, The Commonwealth of Massachusetts, and the District of Columbia, in Support of Appellees. Date of service: 09/24/2021. [12238949] [21-15313, 21-15318] (Rayner, Ewan) [Entered: 09/24/2021 05:41 PM] |
| Filing 70 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Charles H. Fletcher. Date of service: 09/24/2021. [12238431] [21-15313, 21-15318] (Rossbach, William) [Entered: 09/24/2021 01:46 PM] |
| Filing 69 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Robert Brulle, Center For Climate Integrity, Justin Farrell, Benjamin Franta, Stephan Lewandowsky, Naomi Oreskes, Geoffrey Supran, and The Union of Concerned Scientists. Date of service: 09/24/2021. [12238208] [21-15313, 21-15318] (Mensher, Daniel) [Entered: 09/24/2021 11:47 AM] |
| Filing 68 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by National League of Cities, U.S. Conference of Mayors, and International Municipal Lawyers Association. Date of service: 09/24/2021. [12238036] [21-15313, 21-15318] (Peck, Robert) [Entered: 09/24/2021 10:27 AM] |
| Filing 67 Received 6 paper copies of Answering Brief [ # 63 ] filed by City & County of Honolulu and County of Maui. [12236010] [21-15313, 21-15318] (SD) [Entered: 09/22/2021 01:56 PM] |
| Filing 66 Received 3 paper copies of supplemental excerpts of record [ # 64 ] in 3 volume(s) and index volume filed by Appellees. [12235850] [21-15313, 21-15318] (KWG) [Entered: 09/22/2021 12:35 PM] |
| Filing 65 Filed clerk order: The answering brief [ # 63 ] submitted by City & County of Honolulu and County of Maui 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 [ # 64 ] submitted by City & County of Honolulu and County of Maui 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. [12232727] [21-15313, 21-15318] (KWG) [Entered: 09/20/2021 09:39 AM] |
| Filing 64 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee City & County of Honolulu in 21-15313, Appellee County of Maui in 21-15318. Date of service: 09/17/2021. [12232440] [21-15313, 21-15318] (Sher, Victor) [Entered: 09/17/2021 06:19 PM] |
| Filing 63 Submitted (ECF) Answering Brief for review. Submitted by Appellee City & County of Honolulu in 21-15313, Appellee County of Maui in 21-15318. Date of service: 09/17/2021. [12232439] [21-15313, 21-15318] (Sher, Victor) [Entered: 09/17/2021 06:11 PM] |
| Filing 62 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Mr. Sean C. Grimsley for Appellants ConocoPhillips and COP in 21-15318, 21-15313. Party proceeding without counsel: No. Date of service: 08/31/2021. [12216565] [21-15318, 21-15313] (Grimsley, Sean) [Entered: 08/31/2021 01:13 PM] |
| Filing 61 Terminated Sean C. Grimsley for COP and ConocoPhillips in 21-15313 and COP and ConocoPhillips in 21-15318 [12216560] [21-15313, 21-15318] (DJV) [Entered: 08/31/2021 01:10 PM] |
| Filing 60 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Mr. Sean C. Grimsley for Appellants ConocoPhillips and COP in 21-15313, 21-15318. Party proceeding without counsel: No. Date of service: 08/31/2021. [12216551] [21-15313, 21-15318] (Grimsley, Sean) [Entered: 08/31/2021 01:02 PM] |
| Filing 59 Added Attorney(s) Rachel Zelman for party(s) Appellant BP America, Inc. Appellant BP plc, in case 21-15313 Attorney(s) Rachel Zelman for party(s) Appellant BP America, Inc. Appellant BP plc, in case 21-15318. [12187306] [21-15313, 21-15318] (RR) [Entered: 07/29/2021 04:47 PM] |
| Filing 58 Filed (ECF) notice of appearance of Rachel Ann Zelman (Goodsill Anderson Quinn & Stifel LLP, 999 Bishop Street, Suite 1600, Honolulu, HI 96813) for Appellants BP America, Inc. and BP plc in 21-15318. Date of service: 07/29/2021. (Party was previously proceeding with counsel.) [12187284] [21-15313, 21-15318] (Zelman, Rachel) [Entered: 07/29/2021 04:35 PM] |
| Filing 57 Terminated attorney Lisa Woods Munger for appellants BP plc and BP America, Inc. in 21-15313. [12187194] [21-15313, 21-15318] (HH) [Entered: 07/29/2021 03:59 PM] |
| Filing 56 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Lisa Woods Munger, Esquire for Appellants BP America, Inc. and BP plc in 21-15313. Party proceeding without counsel: No. Date of service: 07/29/2021. [12187173] [21-15313, 21-15318] (Munger, Lisa) [Entered: 07/29/2021 03:49 PM] |
| Filing 55 Received 6 paper copies of Amicus Brief [ # 45 ] filed by Chamber of Commerce of the United States of America. [12186705] [21-15313, 21-15318] (CPA) [Entered: 07/29/2021 11:57 AM] |
| Filing 54 Received 6 paper copies of Amicus Brief [ # 49 ] filed by Richard Bowman Myers and Michael Glenn Mullen. [12185298] [21-15313, 21-15318] (CPA) [Entered: 07/28/2021 10:35 AM] |
| Filing 53 Added Attorney(s) Tammy Beth Webb for party(s) Amicus Curiae Richard Bowman Myers Amicus Curiae Michael Glenn Mullen, in case 21-15313 Attorney(s) Tammy Beth Webb for party(s) Amicus Curiae Richard Bowman Myers Amicus Curiae Michael Glenn Mullen, in case 21-15318. [12183993] [21-15313, 21-15318] (OC) [Entered: 07/27/2021 11:00 AM] |
| Filing 52 Filed clerk order: The amicus brief [ # 49 ] submitted by Richard Bowman Myers and Michael Glenn Mullen 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: green. The paper copies shall be submitted to the principal office of the Clerk. [12183505] [21-15313, 21-15318] (LA) [Entered: 07/26/2021 04:50 PM] |
| Filing 51 Entered appearance of Amici Curiae Richard Bowman Myers and Michael Glenn Mullen. [12183503] [21-15313, 21-15318] (LA) [Entered: 07/26/2021 04:49 PM] |
| Filing 50 Added Attorney Andrew Kim for Amicus Curiae Chamber of Commerce of the United States of America, in cases 21-15313 and 21-15318. [12183365] [21-15313, 21-15318] (HH) [Entered: 07/26/2021 03:57 PM] |
| Filing 49 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by General (Retired) Richard B. Myers and Admiral (Retired) Michael G. Mullen. Date of service: 07/26/2021. [12183319] [21-15313, 21-15318] (Duncan, Tristan) [Entered: 07/26/2021 03:29 PM] |
| Filing 48 Filed (ECF) notice of appearance of Andrew Kim (Goodwin Procter LLP, 1900 N Street NW Washington, DC 20036) for Amicus Curiae Chamber of Commerce of the United States of America in 21-15313, 21-15318. Date of service: 07/26/2021. (Party was previously proceeding with counsel.) [12183271] [21-15313, 21-15318] (Kim, Andrew) [Entered: 07/26/2021 03:06 PM] |
| Filing 47 Filed clerk order: The amicus brief [ # 45 ] submitted by Chamber of Commerce of the United States of America 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: green. The paper copies shall be submitted to the principal office of the Clerk. [12183090] [21-15313, 21-15318] (LA) [Entered: 07/26/2021 01:53 PM] |
| Filing 46 Entered appearance of Amicus Curiae Chamber of Commerce of the United States of America. [12183084] [21-15313, 21-15318] (LA) [Entered: 07/26/2021 01:52 PM] |
| Filing 45 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by The Chamber of Commerce of the United States of America. Date of service: 07/26/2021. [12183019] [21-15313, 21-15318] (Jay, William) [Entered: 07/26/2021 01:24 PM] |
| Filing 44 Received 6 paper copies of Joint Opening Brief [ # 38 ] filed by Appellants. [12180740] [21-15313, 21-15318] (SD) [Entered: 07/22/2021 04:53 PM] |
| Filing 43 Received 3 paper copies of excerpts of record [ # 39 ] in 8 volume(s) and index volume filed by Appellants. [12180231] [21-15313, 21-15318] (LA) [Entered: 07/22/2021 01:20 PM] |
| Filing 42 Streamlined request [41] by Appellee City & County of Honolulu in 21-15313, Appellee County of Maui in 21-15318 to extend time to file the brief is approved. Amended briefing schedule: Appellees City & County of Honolulu and County of Maui answering brief due 09/17/2021. The optional reply brief is due 21 days from the date of service of the answering brief. [12178270] [21-15313, 21-15318] (DLM) [Entered: 07/20/2021 04:45 PM] |
| Filing 41 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee City & County of Honolulu in 21-15313, Appellee County of Maui in 21-15318. New requested due date is 09/17/2021. [12177838] [21-15313, 21-15318] (Sher, Victor) [Entered: 07/20/2021 01:05 PM] |
| Filing 40 Filed clerk order: The joint opening brief [ # 38 ] 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 [ # 39 ] 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. [12177466] [21-15313, 21-15318] (LA) [Entered: 07/20/2021 10:00 AM] |
| Filing 39 Submitted (ECF) excerpts of record. Submitted by Appellants Aloha Petroleum, Ltd., Aloha Petroleum, Ltd., BHP Group Limited, BHP Hawaii Inc., BHP PLC, BP America, Inc., BP plc, Chevron Corporation, Chevron USA Inc., ConocoPhillips, COP, Exxon Mobil Corporation, ExxonMobil Oil Corporation, Marathon Petroleum Corp., PSX, Royal Dutch Shell PLC, Shell Oil Company, Shell Oil Products Company LLC and Sunoco LP in 21-15313, Appellants Aloha Petroleum LLC, Aloha Petroleum, Ltd., BHP Group Limited, BHP Group PLC, BHP Hawaii Inc., BP America, Inc., BP plc, Chevron Corporation, Chevron USA Inc., ConocoPhillips, COP, Exxon Mobil Corporation, ExxonMobil Oil Corporation, Marathon Petroleum Corp., PSX, Royal Dutch Shell PLC, Shell Oil Company, Shell Oil Products Company LLC and Sunoco LP in 21-15318. Date of service: 07/19/2021. [12177180] [21-15313, 21-15318] (Boutrous, Theodore) [Entered: 07/19/2021 11:04 PM] |
| Filing 38 Submitted (ECF) Opening Brief for review. Submitted by Appellants Aloha Petroleum, Ltd., Aloha Petroleum, Ltd., BHP Group Limited, BHP Hawaii Inc., BHP PLC, BP America, Inc., BP plc, Chevron Corporation, Chevron USA Inc., ConocoPhillips, COP, Exxon Mobil Corporation, ExxonMobil Oil Corporation, Marathon Petroleum Corp., PSX, Royal Dutch Shell PLC, Shell Oil Company, Shell Oil Products Company LLC and Sunoco LP in 21-15313, Appellants Aloha Petroleum LLC, Aloha Petroleum, Ltd., BHP Group Limited, BHP Group PLC, BHP Hawaii Inc., BP America, Inc., BP plc, Chevron Corporation, Chevron USA Inc., ConocoPhillips, COP, Exxon Mobil Corporation, ExxonMobil Oil Corporation, Marathon Petroleum Corp., PSX, Royal Dutch Shell PLC, Shell Oil Company, Shell Oil Products Company LLC and Sunoco LP in 21-15318. Date of service: 07/19/2021. [12177178] [21-15313, 21-15318] (Boutrous, Theodore) [Entered: 07/19/2021 10:38 PM] |
| Filing 37 Filed clerk order (Deputy Clerk: LK): The parties joint motion (Docket Entry No. [ # 12170396-2 ]) to consolidate is granted. Nos. 21-15313 and 21-15318 are consolidated. The opening briefs are due July 19, 2021. The consolidated answering briefs are due August 18, 2021. The optional reply briefs are due within 21 days after service of the last-served consolidated answering brief. [12173219] [21-15313, 21-15318] (AF) [Entered: 07/15/2021 09:48 AM] |
| Filing 36 Filed (ECF) Appellants Chevron Corporation and Chevron USA Inc. Joint Motion to consolidate cases 21-15313 and 21-15318. Date of service: 07/12/2021. [12170397] [21-15318] (Boutrous, Theodore) [Entered: 07/12/2021 07:50 PM] |
| Filing 35 Filed clerk order (Deputy Clerk: TAH): The appellants unopposed joint motion (Docket Entry No. [ # 33 ]) for an extension of time to file the opening brief is granted. The opening brief is due July 19, 2021. The answering brief is due August 18, 2021. The optional reply brief is due within 21 days after service of the answering brief. [12108878] (AF) [Entered: 05/11/2021 10:08 AM] |
| Filing 34 Filed (ECF) Appellee County of Maui response to motion ([ # 33 ] Motion (ECF Filing), [ # 33 ] Motion (ECF Filing) motion to extend time to file brief). Date of service: 05/10/2021. [12107423] [21-15318] (Sher, Victor) [Entered: 05/10/2021 11:26 AM] |
| Filing 33 Filed (ECF) Appellants Chevron Corporation and Chevron USA Inc. Motion to extend time to file Opening brief until 07/19/2021. Date of service: 04/30/2021. [12099036] [21-15318] (Boutrous, Theodore) [Entered: 04/30/2021 11:06 PM] |
| Filing 32 Streamlined request [31] by Appellants Chevron Corporation and Chevron USA Inc. to extend time to file the brief is approved FOR ALL APPELLANTS. Amended briefing schedule: Appellants Aloha Petroleum LLC, Aloha Petroleum, Ltd., BHP Group Limited, BHP Group PLC, BHP Hawaii Inc., BP America, Inc., BP plc, Chevron Corporation, Chevron USA Inc., ConocoPhillips, ConocoPhillips Company, Exxon Mobil Corporation, ExxonMobil Oil Corporation, Marathon Petroleum Corp., Phillips 66, Phillips 66 Company, Royal Dutch Shell PLC, Shell Oil Company, Shell Oil Products Company LLC and Sunoco LP opening brief due 05/19/2021. Appellee County of Maui answering brief due 06/18/2021. The optional reply brief is due 21 days from the date of service of the answering brief. [12078080] (DLM) [Entered: 04/16/2021 05:17 PM] |
| Filing 31 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Chevron Corporation and Chevron USA Inc.. New requested due date is 05/19/2021. [12076735] [21-15318] (Boutrous, Theodore) [Entered: 04/16/2021 09:13 AM] |
| Filing 30 Filed order (MILAN D. SMITH, JR. and BRIDGET S. BADE) Appellees City & County of Honolulu and County of Maui filed substantially similar complaints in state court against the same group of energy companies, alleging (among other things) concealment of the dangers of fossil fuels to the climate, and asserting claims for public nuisance, private nuisance, strict liability failure to warn, negligent failure to warn, and trespass. In both matters, Appellants Chevron Corporation and Chevron U.S.A., Inc. removed the complaints to federal court asserting several grounds for subject-matter jurisdiction, including jurisdiction under the federal-officer removal statute, 28 U.S.C. 1442(a)(1). In an order filed February 12, 2021, the district court determined that it lacked subject-matter jurisdiction and granted Appellees motions to remand the actions to state court. The district court granted a temporary stay of the remand order until March 15, 2021 to allow this court time to consider any further motions to stay. On March 8, 2021, Appellants filed emergency motions for stay pending appeal in case Nos. 21-15313 and 21-15318. We deny the motions. We conclude that Appellants have failed establish that they will suffer irreparable injury absent a stay of the district courts remand order. Appellants argue that, if the cases are remanded, the parties will be required to litigate the merits of Appellees claims in state court simultaneously with these appellate proceedings, which will lead to increased litigation burdens and possible inefficiencies if this court later finds the cases were properly removed. These considerations, however, do not rise to the level of irreparable harm. See, e.g., California ex rel. Christensen v. FTC, 549 F.2d 1321, 1323 (9th Cir. 1977) (litigation expenses do not constitute irreparable injury). Moreover, the theoretical possibility that the state court could irrevocably adjudicate the parties claims and defenses while these appeals are pending also falls short of meeting the demanding irreparable harm standard. See Doe #1 v. Trump, 957 F.3d 1050, 1062 (9th Cir. 2020) (A stay applicant must show that irreparable injury is likely to occur during the period before the appeal is decided.). We also conclude that Appellants have not made a sufficient showing on the merits considering our recent opinions rejecting the very same jurisdictional arguments advanced in the motions to stay. See County of San Mateo v. Chevron Corp., 960 F.3d 586 (9th Cir. 2020); City of Oakland v. BP PLC, 969 F.3d 895 (9th Cir. 2020). Accordingly, we deny Appellants motions (Docket Entry No. [ # 12028496-2 ] in 21-15313; Docket Entry No. [ # 18 ] in 21-15318) to stay the district courts February 12, 2021 order pending appeal. The previously-established briefing schedules remain in effect. [12040295] (SVG) [Entered: 03/13/2021 04:20 PM] |
| Filing 29 MEDIATION ORDER FILED: DIAL-IN Assessment Conference, 03/17/2021, is canceled. 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 appeals are pending. [12039203] [21-15313, 21-15318] (BLS) [Entered: 03/12/2021 10:18 AM] |
| Filing 28 Filed (ECF) Appellants Chevron Corporation and Chevron USA Inc. reply to response (). Date of service: 03/12/2021. [12038974] [21-15318] (Boutrous, Theodore) [Entered: 03/12/2021 08:14 AM] |
| Filing 27 Added Attorney(s) Breon S. Peace, Victor L. Hou for party(s) Appellant BHP Hawaii Inc. Appellant BHP Group PLC Appellant BHP Group Limited, in case 21-15318. [12032351] (RR) [Entered: 03/11/2021 12:38 PM] |
| Filing 26 Filed (ECF) notice of appearance of Victor L. Hou (Cleary Gottlieb Steen & Hamilton LLP, One Liberty Plaza, New York, NY 10006) for Appellants BHP Group Limited, BHP Group PLC and BHP Hawaii Inc.. Date of service: 03/11/2021. (Party was previously proceeding with counsel.) [12032247] [21-15318] (Hou, Victor) [Entered: 03/11/2021 11:48 AM] |
| Filing 25 Filed (ECF) notice of appearance of Breon S. Peace (Cleary Gottlieb Steen & Hamilton LLP, One Liberty Plaza, New York, NY 10006) for Appellants BHP Group Limited, BHP Group PLC and BHP Hawaii Inc.. Date of service: 03/11/2021. (Party was previously proceeding with counsel.) [12032229] [21-15318] (Peace, Breon) [Entered: 03/11/2021 11:41 AM] |
| Filing 24 Filed (ECF) Appellee County of Maui response to motion ([ # 18 ] Motion (ECF Filing), [ # 18 ] Motion (ECF Filing) motion to stay lower court action). Date of service: 03/10/2021. [12031582] [21-15318] (Sher, Victor) [Entered: 03/10/2021 08:30 PM] |
| Filing 23 Added Attorney(s) Matthew Kendall Edling for party(s) Appellee County of Maui, in case 21-15318. [12029263] (RR) [Entered: 03/09/2021 11:36 AM] |
| Filing 22 Filed clerk order (Deputy Clerk: MN): The court has received appellants emergency motions to stay the district courts February 12, 2021 order pending appeal in Nos. 21-15313 and 21-15318. Any response to the motions is due by 9:00 a.m. (PST) on March 11, 2021. An optional reply in support of the motions is due by 9:00 a.m. (PST) on March 12, 2021. [12029159] [21-15313, 21-15318] (AF) [Entered: 03/09/2021 11:03 AM] |
| Filing 21 Filed (ECF) notice of appearance of Matthew K. Edling (Sher Edling LLP, 100 Montgomery St., Ste. 1410, San Francisco, CA 94104) for Appellee County of Maui. Date of service: 03/09/2021. (Party was previously proceeding with counsel.) [12029152] [21-15318] (Edling, Matthew) [Entered: 03/09/2021 11:01 AM] |
| Filing 20 Filed (ECF) notice of appearance of Victor M. Sher (Sher Edling LLP, 100 Montgomery St., Ste. 1410, San Francisco, CA 94104) for Appellee County of Maui. Date of service: 03/09/2021. (Party was previously proceeding with counsel.) [12029139] [21-15318] (Sher, Victor) [Entered: 03/09/2021 10:58 AM] |
| Filing 19 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 03/17/2021, 12:00 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12028685] [21-15313, 21-15318] (BLS) [Entered: 03/09/2021 07:29 AM] |
| Filing 18 Filed (ECF) Appellants Chevron Corporation and Chevron USA Inc. EMERGENCY Motion to stay lower court action. Date of service: 03/08/2021. [12028500] [21-15318] (Boutrous, Theodore) [Entered: 03/08/2021 06:10 PM] |
| Filing 17 Added Attorney(s) Daniel R. Brody for party(s) Appellant COP Appellant ConocoPhillips, in case 21-15318. [12028424] (RR) [Entered: 03/08/2021 05:16 PM] |
| Filing 16 Filed (ECF) notice of appearance of Daniel R. Brody (Bartlit Beck LLP, 1801 Wewatta St., Suite 1200, Denver, CO 80202) for Appellants ConocoPhillips and COP. Date of service: 03/08/2021. (Party was previously proceeding with counsel.) [12027226] [21-15318] (Brody, Daniel) [Entered: 03/08/2021 10:17 AM] |
| Filing 15 Added Attorney(s) William Thomas Marks for party(s) Appellant ExxonMobil Oil Corporation Appellant Exxon Mobil Corporation, in case 21-15318. [12026960] (DJV) [Entered: 03/08/2021 08:12 AM] |
| Filing 14 Added Attorney(s) Kannon K. Shanmugam for party(s) Appellant ExxonMobil Oil Corporation Appellant Exxon Mobil Corporation, in case 21-15318. [12026955] (DJV) [Entered: 03/08/2021 08:10 AM] |
| Filing 13 Filed (ECF) notice of appearance of William T. Marks (Paul, Weiss, Rifkind, Wharton & Garrison LLP - 2001 K Street NW, Washington, DC, 20006) for Appellants Exxon Mobil Corporation and ExxonMobil Oil Corporation. Date of service: 03/08/2021. (Party was previously proceeding with counsel.) [12026853] [21-15318] (Marks, William) [Entered: 03/08/2021 06:54 AM] |
| Filing 12 Filed (ECF) notice of appearance of Kannon K. Shanmugam (Paul, Weiss, Rifkind, Wharton & Garrison LLP - 2001 K Street NW, Washington, DC, 20006) for Appellants Exxon Mobil Corporation and ExxonMobil Oil Corporation. Date of service: 03/08/2021. (Party was previously proceeding with counsel.) [12026847] [21-15318] (Shanmugam, Kannon) [Entered: 03/08/2021 06:46 AM] |
| Filing 11 Added Attorney(s) Keola Whittaker for party(s) Appellee County of Maui, in case 21-15318. [12024868] (RR) [Entered: 03/04/2021 03:37 PM] |
| Filing 10 Filed (ECF) notice of appearance of Keola R. Whittaker (Department of the Corporation Counsel, County of Maui, 200 South High Street, Wailuku, Hawaii 96793) for Appellee County of Maui. Date of service: 03/04/2021. (Party was previously proceeding with counsel.) [12024594] [21-15318] (Whittaker, Keola) [Entered: 03/04/2021 02:07 PM] |
| Filing 9 Added Attorney(s) Daniel Severson for party(s) Appellant Shell Oil Company Appellant Shell Oil Products Company LLC Appellant Royal Dutch Shell PLC, in case 21-15318. [12023802] (DJV) [Entered: 03/04/2021 08:13 AM] |
| Filing 8 Filed (ECF) notice of appearance of Daniel S. Severson (Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., 1615 M Street, NW, Suite 400, Washington, DC 20036) for Appellants Royal Dutch Shell PLC, Shell Oil Company and Shell Oil Products Company LLC. Date of service: 03/04/2021. (Party was previously proceeding with counsel.) [12023733] [21-15318] (Severson, Daniel) [Entered: 03/04/2021 06:58 AM] |
| Filing 7 Added Attorney(s) David Alan Morris for party(s) Appellant Phillips 66 Appellant ConocoPhillips, in case 21-15318. [12022992] (DJV) [Entered: 03/03/2021 01:12 PM] |
| Filing 6 Filed (ECF) notice of appearance of David Alan Morris (Bays Lung Rose & Voss Topa Financial Center 700 Bishop Street, Suite 900 Honolulu, Hawaii 96813) for Appellants ConocoPhillips and Phillips 66. Date of service: 03/03/2021. (Party was previously proceeding with counsel.) [12022942] [21-15318] (Morris, David) [Entered: 03/03/2021 12:44 PM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 03/02/2021. 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.[12022231]. [21-15318] (AD) [Entered: 03/02/2021 06:44 PM] |
| Filing 4 Filed (ECF) Appellants Chevron Corporation and Chevron USA Inc. Mediation Questionnaire. Date of service: 03/02/2021. [12022138] [21-15318] (Boutrous, Theodore) [Entered: 03/02/2021 04:54 PM] |
| Filing 3 Terminated Brendan Jeremiah Crimmins for Shell Oil Products Company LLC, Shell Oil Company and Royal Dutch Shell PLC in 21-15318 [12021488] (RR) [Entered: 03/02/2021 12:08 PM] |
| Filing 2 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Brendan Jeremiah Crimmins for Appellants Royal Dutch Shell PLC, Shell Oil Company and Shell Oil Products Company LLC. Party proceeding without counsel: No. Date of service: 03/02/2021. [12021163] [21-15318] (Crimmins, Brendan) [Entered: 03/02/2021 10:12 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Aloha Petroleum LLC, Aloha Petroleum, Ltd., BHP Group Limited, BHP Group PLC, BHP Hawaii Inc., BP America, Inc., BP plc, Chevron Corporation, Chevron USA Inc., ConocoPhillips, ConocoPhillips Company, Does, Exxon Mobil Corporation, ExxonMobil Oil Corporation, Marathon Petroleum Corp., Phillips 66, Phillips 66 Company, Royal Dutch Shell PLC, Shell Oil Company, Shell Oil Products Company LLC and Sunoco LP Mediation Questionnaire due on 03/02/2021. Appellants Aloha Petroleum LLC, Aloha Petroleum, Ltd., BHP Group Limited, BHP Group PLC, BHP Hawaii Inc., BP America, Inc., BP plc, Chevron Corporation, Chevron USA Inc., ConocoPhillips, ConocoPhillips Company, Does, Exxon Mobil Corporation, ExxonMobil Oil Corporation, Marathon Petroleum Corp., Phillips 66, Phillips 66 Company, Royal Dutch Shell PLC, Shell Oil Company, Shell Oil Products Company LLC and Sunoco LP opening brief due 04/19/2021. Appellee County of Maui answering brief due 05/19/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12013762] (JBS) [Entered: 02/23/2021 01:28 PM] |
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