Wilbur Slockish, et al v. USDOT, et al
Plaintiff / Appellant: CAROL LOGAN, a resident of Oregon, and an enrolled member of the Confederated Tribes of Grande Ronde, MOUNT HOOD SACRED LANDS PRESERVATION ALLIANCE, an unincorporated nonprofit association, WILBUR SLOCKISH, Hereditary Chief of the Klickitat/Cascade Tribe and CASCADE GEOGRAPHIC SOCIETY, an Oregon nonprofit corporation
Defendant / Appellee: FEDERAL HIGHWAY ADMINISTRATION, an Agency of the Federal Government, U.S. DEPARTMENT OF TRANSPORTATION, BUREAU OF LAND MANAGEMENT, an Agency of the Federal Government, U.S. DEPARTMENT OF THE INTERIOR and ADVISORY COUNCIL ON HISTORIC PRESERVATION, an Agency of the Federal Government
Amicus Curiae: JEWISH COALITION FOR RELIGIOUS LIBERTY, PROTECT THE 1ST, THE SIKH COALITION, ANGLICAN CHURCH IN NORTH AMERICA JURISDICTION OF THE ARMED FORCES AND CHAPLAINCY, AMERICAN INDIAN LAW SCHOLARS and RELIGIOUS LIBERTY LAW SCHOLARS
Case Number: 21-35220
Filed: March 25, 2021
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other

Opinions

We have the following opinions for this case:

Date Filed Description
November 24, 2021 WILBUR SLOCKISH V. USDOT

Docket Report

This docket was last retrieved on May 19, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 19, 2021 Filing 41 Filed clerk order: The opening brief [ # 20 ] submitted by appellees 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 [ # 18 ], [40] submitted by appellees are filed. Volume 11 filed UNDER SEAL. 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. [12117754] (KWG) [Entered: 05/19/2021 09:59 AM]
May 19, 2021 Filing 40 Submitted (ECF) UNDER SEAL excerpts of record Vol 11. Submitted by Appellants Cascade Geographic Society, Carol Logan, Mount Hood Sacred Lands Preservation Alliance and Wilbur Slockish. Date of service: 05/03/2021. (Court-entered filing, excerpts of record originally submitted in [19].) [12117743] (AF) [Entered: 05/19/2021 09:54 AM]
May 19, 2021 Filing 39 Filed order (Interim Appellate Commissioner): Appellants unopposed motion (Docket Entry No. [19]) to file under seal Volume 11 of the excerpts of record is granted. The Clerk will publicly file the motion (Docket Entry No. [19]-1), the opening brief (Docket Entry No. [ # 20 ]), and Volumes 1 through 10 of the excerpts of record (Docket Entry No. [ # 18 ]). The Clerk will file under seal Volume 11 of the excerpts of record (Docket Entry No. [19]-2). The existing briefing schedule remains in effect. [12117739] (AF) [Entered: 05/19/2021 09:53 AM]
May 19, 2021 Filing 38 Filed Appellants Cascade Geographic Society, Carol Logan, Mount Hood Sacred Lands Preservation Alliance and Wilbur Slockish motion to file Volume 11 of the excerpts of record UNDER SEAL. Deficiencies: None. Served on 05/03/2021. (Court-entered filing of motion submitted under seal at [19]) [12117734] (AF) [Entered: 05/19/2021 09:51 AM]
May 14, 2021 Filing 37 Received 6 paper copies of Amicus Brief [ # 32 ] filed by Religious Liberty Law Scholars. [12113514] (SD) [Entered: 05/14/2021 01:31 PM]
May 12, 2021 Filing 36 Received 6 paper copies of Amicus Brief [ # 27 ] filed by American Indian Law Scholars. [12111058] (SD) [Entered: 05/12/2021 03:58 PM]
May 12, 2021 Filing 35 Received 6 paper copies of Amicus Brief [ # 28 ] filed by Jewish Coalition for Religious Liberty, The Sikh Coalition, Anglican Church in North America Jurisdiction of the Armed Forces and Chaplaincy, and Protect the 1st. [12110904] (SD) [Entered: 05/12/2021 03:04 PM]
May 11, 2021 Filing 34 Filed clerk order: The amicus brief [ # 32 ] submitted by Religious Liberty Law Scholars 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. [12109530] (LA) [Entered: 05/11/2021 03:02 PM]
May 11, 2021 Filing 33 Entered appearance of Amicus Curiae Religious Liberty Law Scholars. [12109527] (LA) [Entered: 05/11/2021 03:01 PM]
May 10, 2021 Filing 32 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Religious Liberty Law Scholars. Date of service: 05/10/2021. [12108437] [21-35220] (Coleman, Miles) [Entered: 05/10/2021 07:02 PM]
May 10, 2021 Filing 31 Filed clerk order: The amicus brief [ # 28 ] submitted by Jewish Coalition for Religious Liberty, The Sikh Coalition, Anglican Church in North America Jurisdiction of the Armed Forces and Chaplaincy, and Protect the 1st 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. [12108186] (LA) [Entered: 05/10/2021 04:05 PM]
May 10, 2021 Filing 30 Filed clerk order: The amicus brief [ # 27 ] submitted by American Indian Law Scholars 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. [12108181] (LA) [Entered: 05/10/2021 04:03 PM]
May 10, 2021 Filing 29 Entered appearance of Amici Curiae American Indian Law Scholars, Jewish Coalition for Religious Liberty, The Sikh Coalition, Anglican Church in North America Jurisdiction of the Armed Forces and Chaplaincy, and Protect the 1st. [12108179] (LA) [Entered: 05/10/2021 04:02 PM]
May 10, 2021 Filing 28 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by THE JEWISH COALITION FOR RELIGIOUS LIBERTY, THE SIKH COALITION, THE ANGLICAN CHURCH IN NORTH AMERICA JURISDICTION OF THE ARMED FORCES AND CHAPLAINCY, AND PROTECT THE 1ST. Date of service: 05/10/2021. [12108012] [21-35220] (Schaerr, Gene) [Entered: 05/10/2021 03:02 PM]
May 10, 2021 Filing 27 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Professor Melissa L. Tatum, Professor Heather Whiteman Runs Him, and Professor Marcia A. Zug. Date of service: 05/10/2021. [12107557] [21-35220] (Shanmugam, Kannon) [Entered: 05/10/2021 12:15 PM]
May 4, 2021 Filing 26 Added Attorney(s) Diana Verm for party(s) Appellant Carol Logan Appellant Cascade Geographic Society Appellant Wilbur Slockish Appellant Mount Hood Sacred Lands Preservation Alliance, in case 21-35220. [12101929] (RR) [Entered: 05/04/2021 03:26 PM]
May 4, 2021 Filing 25 Notice of Appearance (ECF Filing) [22] is rejected. Filer is not permitted to file on behalf of another attorney. Each attorney must file their own notice of appearance. [12101920] (RR) [Entered: 05/04/2021 03:23 PM]
May 4, 2021 Filing 24 Added Attorney(s) Allen M. Brabender for party(s) Appellee USDOT Appellee BLM Appellee USDOI Appellee Advisory Council on Historic Preservation Appellee FHWA, in case 21-35220. [12101910] (RR) [Entered: 05/04/2021 03:21 PM]
May 4, 2021 Filing 23 Filed (ECF) notice of appearance of Diana Marie Verm (The Becket Fund for Religious Liberty, 1919 Pennsylvania Ave. NW, Suite 400 Washington, DC 20006) for Appellants Wilbur Slockish, Carol Logan, Cascade Geographic Society and Mount Hood Sacred Lands Preservation Alliance. Date of service: 05/04/2021. (Party was previously proceeding with counsel.) [12101708] [21-35220] (Verm, Diana) [Entered: 05/04/2021 02:09 PM]
May 4, 2021 Filing 22 Filed (ECF) notice of appearance of Diana Marie Verm (The Becket Fund for Religious Liberty, 1919 Pennsylvania Ave NW, Suite 400, Washington, DC 20006) for Appellants Wilbur Slockish, Carol Logan, Cascade Geographic Society and Mount Hood Sacred Lands Preservation Alliance. Date of service: 05/04/2021. (Party was previously proceeding with counsel.) [12101672] [21-35220] (Blomberg, Daniel) [Entered: 05/04/2021 01:49 PM]
May 4, 2021 Filing 21 Filed (ECF) notice of appearance of Allen M. Brabender (US Department of Justice, Environment & Natural Resources Division, PO Box 7415, Washington, DC 20044) for Appellees USDOI, USDOT, FHWA, BLM and Advisory Council on Historic Preservation. Date of service: 05/04/2021. (Party was previously proceeding with counsel.) [12100809] [21-35220] (Brabender, Allen) [Entered: 05/04/2021 06:33 AM]
May 3, 2021 Filing 20 Submitted (ECF) Opening Brief for review. Submitted by Appellants Cascade Geographic Society, Carol Logan, Mount Hood Sacred Lands Preservation Alliance and Wilbur Slockish. Date of service: 05/03/2021. [12100796] [21-35220] (Goodrich, Luke) [Entered: 05/03/2021 11:07 PM]
May 3, 2021 Filing 19 Filed (ECF) UNDER SEAL Appellants Cascade Geographic Society, Carol Logan, Mount Hood Sacred Lands Preservation Alliance and Wilbur Slockish motion to file document under seal and submit sealed document. Type of document: excerpts of record. Date of service: 05/03/2021. [12100794] [21-35220] (Goodrich, Luke) [Entered: 05/03/2021 11:01 PM]
May 3, 2021 Filing 18 Submitted (ECF) excerpts of record. Submitted by Appellants Cascade Geographic Society, Carol Logan, Mount Hood Sacred Lands Preservation Alliance and Wilbur Slockish. Date of service: 05/03/2021. [12100792] [21-35220] (Goodrich, Luke) [Entered: 05/03/2021 10:57 PM]
April 27, 2021 Filing 17 Added Attorney(s) Daniel Chen for party(s) Appellant Carol Logan Appellant Cascade Geographic Society Appellant Wilbur Slockish Appellant Mount Hood Sacred Lands Preservation Alliance, in case 21-35220. [12088621] (RR) [Entered: 04/27/2021 01:38 PM]
April 27, 2021 Filing 16 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. [12088608] (VS) [Entered: 04/27/2021 01:32 PM]
April 27, 2021 Filing 15 Filed (ECF) notice of appearance of Daniel L. Chen (The Becket Fund for Religious Liberty; 1919 Pennsylvania Ave. NW, Suite 400, Washington, DC 20006) for Appellants Wilbur Slockish, Carol Logan, Cascade Geographic Society and Mount Hood Sacred Lands Preservation Alliance. Date of service: 04/27/2021. (Party was previously proceeding with counsel.) [12088501] [21-35220] (Chen, Daniel) [Entered: 04/27/2021 12:46 PM]
April 15, 2021 Filing 14 Added Attorney(s) James J. Nicita for party(s) Appellant Carol Logan Appellant Cascade Geographic Society Appellant Wilbur Slockish Appellant Mount Hood Sacred Lands Preservation Alliance, in case 21-35220. [12075006] (RR) [Entered: 04/15/2021 07:53 AM]
April 14, 2021 Filing 13 Filed (ECF) notice of appearance of James John Nicita (James Nicita, Attorney at Law, 302 Bluff Street, Oregon City, OR 97045) for Appellants Cascade Geographic Society, Carol Logan, Wilbur Slockish and Mount Hood Sacred Lands Preservation Alliance. Date of service: 04/14/2021. (Party was previously proceeding with counsel.) [12074424] [21-35220] (Nicita, James) [Entered: 04/14/2021 03:07 PM]
April 9, 2021 Filing 12 MEDIATION ORDER FILED: By 04/23/2021, 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. [12069357] (VS) [Entered: 04/09/2021 11:56 AM]
April 9, 2021 Filing 11 Filed clerk order (Deputy Clerk: AC): Appellants motion to expedite briefing (Docket Entry No. [ # 4 ]) is granted in part. The opening brief and excerpts of record are due May 3, 2021. The answering brief is due June 8, 2021. The optional reply brief is due within 14 days after service of the answering brief. No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(1). The court will determine whether to calendar this appeal with appeal No. 21-15295 upon the completion of briefing. [12069027] (AF) [Entered: 04/09/2021 09:18 AM]
April 8, 2021 Filing 10 The Mediation Questionnaire for this case was filed on 04/08/2021. 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.[12068742]. [21-35220] (AD) [Entered: 04/08/2021 06:44 PM]
April 8, 2021 Filing 9 Filed (ECF) Appellants Cascade Geographic Society, Carol Logan, Mount Hood Sacred Lands Preservation Alliance and Wilbur Slockish Mediation Questionnaire. Date of service: 04/08/2021. [12068158] [21-35220] (Goodrich, Luke) [Entered: 04/08/2021 01:53 PM]
April 8, 2021 Filing 8 MEDIATION ORDER FILED: The court of appeals' records do not indicate that appellants have filed a mediation questionnaire in accordance with Cir. R. 3-4. Within seven (7) days of the filing date of this order, appellants shall file a Mediation Questionnaire or dismiss the appeal voluntarily. [12068123] (LW) [Entered: 04/08/2021 01:43 PM]
April 7, 2021 Filing 7 Filed (ECF) Appellee Advisory Council on Historic Preservation and Appellants Cascade Geographic Society, Carol Logan, Mount Hood Sacred Lands Preservation Alliance and Wilbur Slockish reply to response (motion to expedite case, ). Date of service: 04/07/2021. [12066970] [21-35220] (Goodrich, Luke) [Entered: 04/07/2021 03:46 PM]
April 5, 2021 Filing 6 Filed (ECF) Appellees Advisory Council on Historic Preservation, BLM, FHWA, USDOI and USDOT response opposing motion ([ # 4 ] Motion (ECF Filing), [ # 4 ] Motion (ECF Filing)). Date of service: 04/05/2021. [12063944] [21-35220] (Shugart-Schmidt, Katelin) [Entered: 04/05/2021 02:50 PM]
April 2, 2021 Filing 5 Terminated Unregistered Attorney Reuben S. Schifman for USDOI, USDOT, FHWA, BLM and Advisory Council on Historic Preservation in 21-35220. Parties have alternate counsel. [12061630] (SVG) [Entered: 04/02/2021 09:30 AM]
March 26, 2021 Filing 4 Filed (ECF) Appellants Cascade Geographic Society, Carol Logan, Mount Hood Sacred Lands Preservation Alliance and Wilbur Slockish Urgent Motion to expedite case. Date of service: 03/26/2021. [12054740] [21-35220] (Goodrich, Luke) [Entered: 03/26/2021 01:10 PM]
March 26, 2021 Filing 3 Added Attorney(s) Katelin Shugart-Schmidt for party(s) Appellee USDOT Appellee BLM Appellee USDOI Appellee Advisory Council on Historic Preservation Appellee FHWA, in case 21-35220. [12054672] (JFF) [Entered: 03/26/2021 12:33 PM]
March 26, 2021 Filing 2 Filed (ECF) notice of appearance of Katelin Leeann Puanani Shugart-Schmidt (U.S. Department of Justice, Environment & Natural Resources Division; P.O. Box 7415, Washington, DC 20044) for Appellees Advisory Council on Historic Preservation, BLM, FHWA, USDOI and USDOT. Date of service: 03/26/2021. (Party was previously proceeding with counsel.) [12054653] [21-35220] (Shugart-Schmidt, Katelin) [Entered: 03/26/2021 12:23 PM]
March 25, 2021 Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Cascade Geographic Society, Carol Logan, Mount Hood Sacred Lands Preservation Alliance and Wilbur Slockish Mediation Questionnaire due on 04/01/2021. Transcript ordered by 04/23/2021. Transcript due 05/24/2021. Appellants Cascade Geographic Society, Carol Logan, Mount Hood Sacred Lands Preservation Alliance and Wilbur Slockish opening brief due 07/01/2021. Appellees Advisory Council on Historic Preservation, Bureau of Land Management, Federal Highway Administration, U.S. Department of Transportation and U.S. Department of the Interior answering brief due 08/02/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12053396] (RT) [Entered: 03/25/2021 12:39 PM]

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Search for this case: Wilbur Slockish, et al v. USDOT, et al
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Plaintiff / appellant: CAROL LOGAN, a resident of Oregon, and an enrolled member of the Confederated Tribes of Grande Ronde
Represented By: Joseph Davis
Represented By: Luke William Goodrich
Represented By: James J. Nicita
Represented By: Daniel Chen
Represented By: Diana Verm
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Plaintiff / appellant: MOUNT HOOD SACRED LANDS PRESERVATION ALLIANCE, an unincorporated nonprofit association
Represented By: Joseph Davis
Represented By: Luke William Goodrich
Represented By: James J. Nicita
Represented By: Daniel Chen
Represented By: Diana Verm
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Plaintiff / appellant: WILBUR SLOCKISH, Hereditary Chief of the Klickitat/Cascade Tribe
Represented By: Joseph Davis
Represented By: Luke William Goodrich
Represented By: James J. Nicita
Represented By: Daniel Chen
Represented By: Diana Verm
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Plaintiff / appellant: CASCADE GEOGRAPHIC SOCIETY, an Oregon nonprofit corporation
Represented By: Joseph Davis
Represented By: Luke William Goodrich
Represented By: James J. Nicita
Represented By: Daniel Chen
Represented By: Diana Verm
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Defendant / appellee: FEDERAL HIGHWAY ADMINISTRATION, an Agency of the Federal Government
Represented By: Katelin Shugart-Schmidt
Represented By: Reuben S. Schifman
Represented By: Tim Simmons
Represented By: Allen M. Brabender Esquire
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Defendant / appellee: U.S. DEPARTMENT OF TRANSPORTATION
Represented By: Katelin Shugart-Schmidt
Represented By: Reuben S. Schifman
Represented By: Tim Simmons
Represented By: Allen M. Brabender Esquire
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Defendant / appellee: BUREAU OF LAND MANAGEMENT, an Agency of the Federal Government
Represented By: Katelin Shugart-Schmidt
Represented By: Reuben S. Schifman
Represented By: Tim Simmons
Represented By: Allen M. Brabender Esquire
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Defendant / appellee: U.S. DEPARTMENT OF THE INTERIOR
Represented By: Katelin Shugart-Schmidt
Represented By: Reuben S. Schifman
Represented By: Tim Simmons
Represented By: Allen M. Brabender Esquire
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Defendant / appellee: ADVISORY COUNCIL ON HISTORIC PRESERVATION, an Agency of the Federal Government
Represented By: Katelin Shugart-Schmidt
Represented By: Reuben S. Schifman
Represented By: Tim Simmons
Represented By: Allen M. Brabender Esquire
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Amicus curiae: JEWISH COALITION FOR RELIGIOUS LIBERTY
Represented By: Gene C. Schaerr
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Amicus curiae: PROTECT THE 1ST
Represented By: Gene C. Schaerr
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Amicus curiae: THE SIKH COALITION
Represented By: Gene C. Schaerr
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Amicus curiae: ANGLICAN CHURCH IN NORTH AMERICA JURISDICTION OF THE ARMED FORCES AND CHAPLAINCY
Represented By: Gene C. Schaerr
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Amicus curiae: AMERICAN INDIAN LAW SCHOLARS
Represented By: Kannon K. Shanmugam
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Amicus curiae: RELIGIOUS LIBERTY LAW SCHOLARS
Represented By: Miles Coleman
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