Orange County Water District, et al v. 3M Company, et al
| E. I. DU PONT DE NEMOURS & COMPANY, CHEMOURS COMPANY, CORTEVA, INC., DUPONT DE NEMOURS, INC., DECRA ROOFING SYSTEMS, INC. and DOES, 1-100, inclusive |
| ORANGE COUNTY WATER DISTRICT, CITY OF ANAHEIM, EAST ORANGE COUNTY WATER DISTRICT, CITY OF FULLERTON, CITY OF GARDEN GROVE, IRVINE RANCH WATER DISTRICT, CITY OF ORANGE, CITY OF SANTA ANA, SERRANO WATER DISTRICT, CITY OF TUSTIN and YORBA LINDA WATER DISTRICT |
| 3M COMPANY |
| 21-55778 |
| July 23, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| ORANGE COUNTY WATER DISTRICT V. 3M COMPANY |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 15, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 21 Filed order (MICHAEL DALY HAWKINS and KENNETH K. LEE) The motion to dismiss this appeal for lack of jurisdiction (Docket Entry No. [ # 16 ]) is denied without prejudice to renewing the arguments in the answering brief. See Natl Indus. v. Republic Natl Life Ins. Co., 677 F.2d 1258, 1262 (9th Cir. 1982) (merits panel may consider appellate jurisdiction despite earlier denial of motion to dismiss). The alternative request for summary affirmance is denied. See 9th Cir. R. 3-6(a)(2). Appellants motion to stay the district courts remand order (Docket Entry No. [ # 12 ]) is denied. To the extent appellants request for a stay is not moot, we conclude that appellant has not demonstrated a sufficient likelihood of irreparable injury to warrant a stay at this time. See Doe #1 v. Trump, 957 F.3d 1050, 1058-59 (9th Cir. 2020) (observing that a stay applicant has the burden of showing that irreparable injury is likely to occur during the period before the appeal is decided and that simply showing some possibility of irreparable injury is insufficient (quoting Nken v. Holder, 556 U.S. 418, 434 (2009))). Appellants alternative request to expedite the appeal is granted. The opening brief and excerpts of record are due October 18, 2021. The answering brief is due November 17, 2021. The optional reply brief is due within 21 days after service of the answering brief. No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(1). No written motions for extensions of time under Ninth Circuit Rule 31-2.2(b) will be granted absent extraordinary and compelling circumstances. This case will be placed on the next available calendar. [12230131] (JMR) [Entered: 09/16/2021 09:22 AM] |
| Filing 20 Filed (ECF) Appellees City of Anaheim, City of Fullerton, City of Garden Grove, City of Orange, City of Santa Ana, City of Tustin, East Orange County Water District, Irvine Ranch Water District, Orange County Water District, Serrano Water District and Yorba Linda Water District reply to response (motion to dismiss for lack of jurisdiction). Date of service: 08/27/2021. [12213477] [21-55778] (Robinson, Daniel) [Entered: 08/27/2021 11:07 AM] |
| Filing 19 Filed (ECF) Appellant 3M Company response opposing motion ([ # 16 ] Motion and Response to Motion (ECF Filing), [ # 16 ] Motion and Response to Motion (ECF Filing)). Date of service: 08/20/2021. [12207647] [21-55778] (Scodro, Michael) [Entered: 08/20/2021 03:23 PM] |
| Filing 18 Filed (ECF) Appellant 3M Company reply to response (). Date of service: 08/20/2021. [12207625] [21-55778] (Scodro, Michael) [Entered: 08/20/2021 03:13 PM] |
| Filing 17 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. [12204273] (CL) [Entered: 08/17/2021 07:57 PM] |
| Filing 16 Filed (ECF) Appellees City of Anaheim, City of Fullerton, City of Garden Grove, City of Orange, City of Santa Ana, City of Tustin, East Orange County Water District, Irvine Ranch Water District, Orange County Water District, Serrano Water District and Yorba Linda Water District Motion to dismiss for lack of jurisdiction and Response opposing motion ([ # 12 ] Motion (ECF Filing) , [ # 12 ] Motion (ECF Filing) motion to stay lower court action, [ # 12 ] Motion (ECF Filing) motion to expedite case). Date of service: 08/13/2021. [12202141] --[COURT ENTERED FILING to correct entry [15] .] (TYL) [Entered: 08/16/2021 10:00 AM] |
| Filing 15 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 16 ]. Original Text: Filed (ECF) Appellees City of Anaheim, City of Fullerton, City of Garden Grove, City of Orange, City of Santa Ana, City of Tustin, East Orange County Water District, Irvine Ranch Water District, Orange County Water District, Serrano Water District and Yorba Linda Water District response to motion ([ # 12 ] Motion (ECF Filing), [ # 12 ] Motion (ECF Filing) motion to stay lower court action, [ # 12 ] Motion (ECF Filing) motion to expedite case). Date of service: 08/13/2021. [12201765] [21-55778] (Sansone, Kenneth) [Entered: 08/13/2021 07:58 PM] |
| Filing 14 Added Attorney(s) Daniel Robinson for party(s) Appellee City of Tustin Appellee Yorba Linda Water District Appellee City of Anaheim Appellee City of Fullerton Appellee City of Orange Appellee Orange County Water District Appellee Irvine Ranch Water District Appellee City of Garden Grove Appellee City of Santa Ana Appellee East Orange County Water District Appellee Serrano Water District, in case 21-55778. [12199914] (JFF) [Entered: 08/12/2021 02:13 PM] |
| Filing 13 Filed (ECF) notice of appearance of Daniel S. Robinson (Robinson Calcagnie, Inc., 19 Corporate Plaza Drive, Newport Beach, CA 92660) for Appellees City of Anaheim, City of Fullerton, City of Garden Grove, City of Orange, City of Santa Ana, City of Tustin, East Orange County Water District, Irvine Ranch Water District, Orange County Water District, Serrano Water District and Yorba Linda Water District. Date of service: 08/12/2021. (Party was previously proceeding with counsel.) [12199878] [21-55778] (Robinson, Daniel) [Entered: 08/12/2021 01:55 PM] |
| Filing 12 Filed (ECF) Appellant 3M Company Motion to stay lower court action, Motion to expedite case. Date of service: 08/03/2021. [12191314] [21-55778] (Scodro, Michael) [Entered: 08/03/2021 09:22 PM] |
| Filing 11 MEDIATION ORDER FILED: By 08/17/2021, 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. [12190963] (CL) [Entered: 08/03/2021 02:52 PM] |
| Filing 10 The Mediation Questionnaire for this case was filed on 07/30/2021. 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.[12188042]. [21-55778] (AD) [Entered: 07/30/2021 12:44 PM] |
| Filing 9 Filed (ECF) Appellant 3M Company Mediation Questionnaire. Date of service: 07/30/2021. [12188007] [21-55778] (Kupfer, Avi) [Entered: 07/30/2021 12:20 PM] |
| Filing 8 Added Attorney(s) Andrew W. Homer for party(s) Appellee City of Tustin Appellee Yorba Linda Water District Appellee City of Anaheim Appellee City of Fullerton Appellee City of Orange Appellee Orange County Water District Appellee Irvine Ranch Water District Appellee City of Garden Grove Appellee City of Santa Ana Appellee East Orange County Water District Appellee Serrano Water District, in case 21-55778. [12187260] (QDL) [Entered: 07/29/2021 04:25 PM] |
| Filing 7 Filed (ECF) notice of appearance of Andrew Walls Homer (Kelley, Drye & Warren, LLP; 7825 Fay Avenue, Suite 200, La Jolla, CA 92037) for Appellees Orange County Water District, Yorba Linda Water District, Serrano Water District, Irvine Ranch Water District, East Orange County Water District, City of Anaheim, City of Fullerton, City of Garden Grove, City of Santa Ana, City of Orange and City of Tustin. Date of service: 07/29/2021. (Party was previously proceeding with counsel.) [12187218] [21-55778] (Homer, Andrew) [Entered: 07/29/2021 04:10 PM] |
| Filing 6 Added Attorney(s) Kenneth A. Sansone for party(s) Appellee City of Tustin Appellee Yorba Linda Water District Appellee City of Anaheim Appellee City of Fullerton Appellee City of Orange Appellee Orange County Water District Appellee Irvine Ranch Water District Appellee City of Garden Grove Appellee City of Santa Ana Appellee East Orange County Water District Appellee Serrano Water District, in case 21-55778. [12185466] (JFF) [Entered: 07/28/2021 11:51 AM] |
| Filing 5 Filed (ECF) notice of appearance of Kenneth A. Sansone (SL Environmental Law Group PC, 175 Chestnut Street, San Francisco CA 94133) for Appellees City of Anaheim, City of Fullerton, City of Garden Grove, City of Orange, City of Santa Ana, City of Tustin, East Orange County Water District, Irvine Ranch Water District, Orange County Water District, Serrano Water District and Yorba Linda Water District. Date of service: 07/28/2021. (Party was previously proceeding with counsel.) [12185462] [21-55778] (Sansone, Kenneth) [Entered: 07/28/2021 11:48 AM] |
| Filing 4 Added Attorney(s) Avi Kupfer, Michael Anthony Scodro for party(s) Appellant 3M Company, in case 21-55778. [12182299] (NAC) [Entered: 07/26/2021 07:37 AM] |
| Filing 3 Filed (ECF) notice of appearance of Avi M. Kupfer (Mayer Brown LLP, 71 South Wacker Drive, Chicago, IL 60606) for Appellant 3M Company. Date of service: 07/26/2021. (Party was previously proceeding with counsel.) [12182290] [21-55778] (Kupfer, Avi) [Entered: 07/26/2021 07:29 AM] |
| Filing 2 Filed (ECF) notice of appearance of Michael A. Scodro (Mayer Brown LLP 71 Wacker Drive, Chicago, Illinois 60606) for Appellant 3M Company. Date of service: 07/26/2021. (Party was previously proceeding with counsel.) [12182286] [21-55778] (Scodro, Michael) [Entered: 07/26/2021 07:26 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant 3M Company Mediation Questionnaire due on 07/30/2021. Appellant 3M Company opening brief due 09/20/2021. Appellees City of Anaheim, City of Fullerton, City of Garden Grove, City of Orange, City of Santa Ana, City of Tustin, East Orange County Water District, Irvine Ranch Water District, Orange County Water District, Serrano Water District and Yorba Linda Water District answering brief due 10/20/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12181304] (JBS) [Entered: 07/23/2021 11:42 AM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
