Pasqua Yaqui Tribe, et al v. Arizona Rock Products Associat, et al
| U.S. ENVIRONMENTAL PROTECTION AGENCY |
| PASQUA YAQUI TRIBE, QUINAULT INDIAN NATION, FOND DU LAC BAND OF LAKE SUPERIOR CHIPPEWA, MENOMINEE INDIAN TRIBE OF WISCONSIN, TOHONO O'ODHAM NATION and BAD RIVER BAND OF LAKE SUPERIOR CHIPPEWA |
| UNITED STATES ARMY CORPS OF ENGINEERS, MICHAEL REGAN, EPA Administrator and TAYLOR N. FERRELL, Acting Assistant Secretary of the Army for Civil Works |
| ARIZONA ROCK PRODUCTS ASSOCIATION, NATIONAL STONE, SAND, AND GRAVEL ASSOCIATION, ARIZONA CATTLE FEEDERS ASSOCIATION, HOME BUILDERS ASSOCIATION OF CENTRAL ARIZONA, ARIZONA FARM AND RANCH GROUP, ARIZONA FARM BUREAU, ARIZONA CHAPTER ASSOCIATED GENERAL CONTRACTORS and CHANTELL SACKETT |
| MICHAEL SACKETT |
| 21-16791 |
| October 26, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 17 Filed (ECF) Appellees Taylor N. Ferrell, Michael Regan, United States Army Corps of Engineers and USEPA Motion to dismiss for lack of jurisdiction. Date of service: 12/22/2021. [12323270] [21-16791] (Lundman, Robert) [Entered: 12/22/2021 02:36 PM] |
| Filing 16 Filed clerk order (Deputy Clerk: AC): The unopposed motion for an extension of time to respond to the motion to dismiss (Docket Entry No. [ # 15 ] ) is granted. The response to the motion is due January 10, 2022. The optional reply in support of the motion is due within 7 days after service of the response. See Fed. R. App. P. 27(a)(4). Briefing remains suspended pending resolution of the motion to dismiss. See 9th Cir. R. 27-11. [12317248] (RT) [Entered: 12/15/2021 04:37 PM] |
| Filing 15 Filed (ECF) Appellants Arizona Cattle Feeders Association, Arizona Chapter Associated General Contractors, Arizona Farm and Ranch Group, Arizona Rock Products Association, Arizona Farm Bureau, Home Builders Association of Central Arizona and National Stone, Sand, and Gravel Association Unopposed Motion to extend time to file a response until 01/10/2022. Date of service: 12/10/2021. [12312978] [21-16791] (Glass, Bradley) [Entered: 12/10/2021 03:01 PM] |
| Filing 14 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. All further inquiries regarding this appeal, including request for extensions of time, should be directed to the Clerk's Office. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [12310961] (VS) [Entered: 12/09/2021 08:21 AM] |
| Filing 13 Filed (ECF) Appellees Pasqua Yaqui Tribe, Quinault Indian Nation, Fond Du Lac Band of Lake Superior Chippewa, Menominee Indian Tribe of Wisconsin, Tohono O'odham Nation and Bad River Band of Lake Superior Chippewa Motion to dismiss for lack of jurisdiction. Date of service: 12/07/2021. [12309076] [21-16791] (Gillespie, Stuart) [Entered: 12/07/2021 03:47 PM] |
| Filing 12 Filed clerk order (Deputy Clerk: LCC): In addition to all other issues the parties wish to raise in their briefs, the parties are directed to address the basis for this courts jurisdiction over this appeal. See 28 U.S.C. 1291; Fed. R. Civ. P. 54(b); Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981) (order is not appealable under 1291 unless it disposes of all claims as to all parties or judgment is entered in compliance with Rule 54(b)); see also Alsea Valley All. v. Dept of Com., 358 F.3d 1181, 1184-85 (9th Cir. 2004) ([W]e will not exercise our jurisdiction over a remand order unless a holding of nonappealability would effectively deprive the litigants of an opportunity to obtain review.) (citation omitted). The existing briefing schedule remains in effect. [12291436] (RT) [Entered: 11/18/2021 10:17 AM] |
| Filing 11 MEDIATION ORDER FILED: By 11/23/2021, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [12282389] (VS) [Entered: 11/09/2021 10:05 AM] |
| Filing 10 Added Attorney(s) Alexandra Oakley Schluntz for party(s) Appellee Fond Du Lac Band of Lake Superior Chippewa Appellee Bad River Band of Lake Superior Chippewa Appellee Tohono O'odham Nation Appellee Pasqua Yaqui Tribe Appellee Quinault Indian Nation Appellee Menominee Indian Tribe of Wisconsin, in case 21-16791. [12281567] (NAC) [Entered: 11/08/2021 02:49 PM] |
| Filing 9 Filed (ECF) notice of appearance of Alexandra Oakley Schluntz (Earthjustice, 633 17th Street, Suite 1600, Denver, CO 80202) for Appellees Pasqua Yaqui Tribe, Quinault Indian Nation, Menominee Indian Tribe of Wisconsin, Tohono O'odham Nation, Fond Du Lac Band of Lake Superior Chippewa and Bad River Band of Lake Superior Chippewa. Date of service: 11/08/2021. (Party was previously proceeding with counsel.) [12281562] [21-16791] (Schluntz, Alexandra) [Entered: 11/08/2021 02:48 PM] |
| Filing 8 Added Attorney(s) Damien Michael Schiff for party(s) Appellee Chantell Sackett Appellee Michael Sackett, in case 21-16791. [12276600] (NAC) [Entered: 11/03/2021 07:23 AM] |
| Filing 7 Added Attorney(s) Charles Timothy Yates for party(s) Appellee Chantell Sackett Appellee Michael Sackett, in case 21-16791. [12276597] (NAC) [Entered: 11/03/2021 07:22 AM] |
| Filing 6 Filed (ECF) notice of appearance of Damien Michael Schiff (Pacific Legal Foundation, 555 Capitol Mall, Suite 1290, Sacramento, CA 95814) for Appellees Chantell Sackett and Michael Sackett. Date of service: 11/03/2021. (Party was previously proceeding with counsel.) [12276596] [21-16791] (Schiff, Damien) [Entered: 11/03/2021 07:21 AM] |
| Filing 5 Filed (ECF) notice of appearance of Charles Timothy Yates (Pacific Legal Foundation, 555 Capitol Mall, Suite 1290, Sacramento, CA 95814) for Appellees Chantell Sackett and Michael Sackett. Date of service: 11/03/2021. (Party was previously proceeding with counsel.) [12276587] [21-16791] (Yates, Charles) [Entered: 11/03/2021 07:05 AM] |
| Filing 4 Filed (ECF) Appellants Arizona Cattle Feeders Association, Arizona Chapter Associated General Contractors, Arizona Farm and Ranch Group, Arizona Farm Bureau, Arizona Rock Products Association, Home Builders Association of Central Arizona and National Stone, Sand, and Gravel Association Mediation Questionnaire. Date of service: 11/02/2021. [12276152] [21-16791] (Glass, Bradley) [Entered: 11/02/2021 02:55 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 11/02/2021. 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.[12275805]. [21-16791] (AD) [Entered: 11/02/2021 12:44 PM] |
| Filing 2 Filed (ECF) Appellees Pasqua Yaqui Tribe, Quinault Indian Nation, Menominee Indian Tribe of Wisconsin, Tohono O'odham Nation, Fond Du Lac Band of Lake Superior Chippewa and Bad River Band of Lake Superior Chippewa Mediation Questionnaire. Date of service: 11/02/2021. [12275742] [21-16791] (Gillespie, Stuart) [Entered: 11/02/2021 12:11 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Arizona Cattle Feeders Association, Arizona Chapter Associated General Contractors, Arizona Farm Bureau, Arizona Farm and Ranch Group, Arizona Rock Products Association, Home Builders Association of Central Arizona and National Stone, Sand, and Gravel Association Mediation Questionnaire due on 11/02/2021. Transcript ordered by 11/26/2021. Transcript due 12/27/2021. Appellants Arizona Cattle Feeders Association, Arizona Chapter Associated General Contractors, Arizona Farm Bureau, Arizona Farm and Ranch Group, Arizona Rock Products Association, Home Builders Association of Central Arizona and National Stone, Sand, and Gravel Association opening brief due 02/02/2022. Appellees Bad River Band of Lake Superior Chippewa, Fond Du Lac Band of Lake Superior Chippewa, Menominee Indian Tribe of Wisconsin, Pasqua Yaqui Tribe, Quinault Indian Nation and Tohono O'odham Nation answering brief due 03/04/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12269339] (RT) [Entered: 10/26/2021 02:20 PM] |
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