AquAlliance, et al v. United States Bureau of Reclam, et al
| AQUALLIANCE, CALIFORNIA SPORTFISHING PROTECTION ALLIANCE and CALIFORNIA WATER IMPACT NETWORK |
| UNITED STATES BUREAU OF RECLAMATION, U.S. DEPARTMENT OF THE INTERIOR and DEB HAALAND, Secretary |
| 21-16539 |
| September 20, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 15 Filed order (Deputy Clerk: TSP) Granting Motion (ECF Filing) motion to dismiss the case voluntarily pursuant to rule 42b filed by Appellants California Sportfishing Protection Alliance, AquAlliance and California Water Impact Network, This order shall constitute the mandate. [12271784] (TSP) [Entered: 10/28/2021 12:54 PM] |
| Filing 14 Filed (ECF) Appellees Deb Haaland, United States Bureau of Reclamation and USDOI response non-opposing motion ([ # 13 ] Motion (ECF Filing), [ # 13 ] Motion (ECF Filing) motion to dismiss the case voluntarily pursuant to rule 42b). Date of service: 10/22/2021. [12265644] [21-16539] (Taylor, Kelli) [Entered: 10/22/2021 11:43 AM] |
| Filing 13 Filed (ECF) Appellants AquAlliance, California Sportfishing Protection Alliance and California Water Impact Network Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 10/15/2021. [12258549] [21-16539] (Flanders, Jason) [Entered: 10/15/2021 01:13 PM] |
| Filing 12 Filed order (WILLIAM A. FLETCHER and JAY S. BYBEE) Appellants unopposed motion to take judicial notice (Docket Entry No. [ # 3 ]-6) in support of the emergency motion for an injunction pending appeal is granted. Appellees unopposed motion to file an overlength opposition (Docket Entry No. [ # 11 ]-3) is granted. The opposition has been filed. We deny the emergency motion for an injunction pending appeal (Docket Entry No. [ # 3 ]) on two independently sufficient grounds: (1) Appellants have not provided sufficient justification for their failure to seek relief first from the district court. See Fed. R. App. P. 8(a)(1). (2) On the merits, appellants have not sufficiently justified an injunction pending appeal. See Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008); see also Feldman v. Ariz. Secy of States Office, 843 F.3d 366, 367 (9th Cir. 2016) (The standard for evaluating an injunction pending appeal is similar to that employed by district courts in deciding whether to grant a preliminary injunction.). The established briefing schedule remains in effect. [12245093] (WL) [Entered: 10/01/2021 01:34 PM] |
| Filing 11 Filed (ECF) Appellees Deb Haaland, United States Bureau of Reclamation and USDOI response opposing motion ([ # 3 ] Motion (ECF Filing), [ # 3 ] Motion (ECF Filing), [ # 3 ] Motion (ECF Filing)). Date of service: 09/29/2021. [12242873] [21-16539] (Taylor, Kelli) [Entered: 09/29/2021 02:10 PM] |
| Filing 10 Filed clerk order (Deputy Clerk: SZ): The court has received the emergency motion filed September 23, 2021. The court has received the parties stipulated motion to expedite the briefing schedule on the emergency motion. The motion to set an expedited schedule (Docket Entry No. [ # 5 ]) is granted. The opposition to the emergency motion is due September 29, 2021. There will be no reply. The established briefing schedule remains in effect. [12238617] (WL) [Entered: 09/24/2021 02:55 PM] |
| Filing 9 The Mediation Questionnaire for this case was filed on 09/24/2021. 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.[12238345]. [21-16539] (AD) [Entered: 09/24/2021 12:44 PM] |
| Filing 8 The Mediation Questionnaire for this case was filed on 09/24/2021. 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.[12238342]. [21-16539] (AD) [Entered: 09/24/2021 12:44 PM] |
| Filing 7 Filed (ECF) Appellants AquAlliance, California Sportfishing Protection Alliance and California Water Impact Network Mediation Questionnaire. Date of service: 09/24/2021. [12238130] [21-16539] (Flanders, Jason) [Entered: 09/24/2021 11:18 AM] |
| Filing 6 Filed (ECF) Appellees Deb Haaland, United States Bureau of Reclamation and USDOI Mediation Questionnaire. Date of service: 09/24/2021. [12237980] [21-16539] (Taylor, Kelli) [Entered: 09/24/2021 09:49 AM] |
| Filing 5 Filed (ECF) Appellants AquAlliance, California Sportfishing Protection Alliance and California Water Impact Network Motion to expedite case. Date of service: 09/24/2021. [12237977] [21-16539] (Flanders, Jason) [Entered: 09/24/2021 09:47 AM] |
| Filing 4 Submitted (ECF) excerpts of record. Submitted by Appellants AquAlliance, California Sportfishing Protection Alliance and California Water Impact Network. Date of service: 09/23/2021. [12237796] [21-16539]--[COURT UPDATE: Attached corrected PDF of the vol. 3 and index. 09/28/2021 by KWG] (Flanders, Jason) [Entered: 09/23/2021 09:02 PM] |
| Filing 3 Filed (ECF) Appellants AquAlliance, California Sportfishing Protection Alliance and California Water Impact Network EMERGENCY Motion for injunction pending appeal, Motion to take judicial notice of In Support of Motion for Preliminary Injunction Pending Appeal. Date of service: 09/23/2021. [12237794] [21-16539] (Flanders, Jason) [Entered: 09/23/2021 08:55 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed September 17, 2021, 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 October 15, 2021; the answering brief is due November 12, 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. [12234209] (WL) [Entered: 09/21/2021 09:01 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. [12233088] (RT) [Entered: 09/20/2021 12:09 PM] |
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