Reno-Sparks Indian Colony, et al v. Ester McCullough, et al
| BARTELL RANCH LLC, EDWARD BARTELL, WESTERN WATERSHEDS PROJECT, WILDLANDS DEFENSE, GREAT BASIN RESOURCE WATCH and BASIN AND RANGE WATCH |
| RENO-SPARKS INDIAN COLONY, BURNS PAIUTE TRIBE and ATSA KOODAKUH WYH NUWU PEOPLE OF RED MOUNTAIN |
| ESTER M. MCCULLOUGH, District Manager, BUREAU OF LAND MANAGEMENT and U.S. DEPARTMENT OF THE INTERIOR |
| LITHIUM NEVADA CORPORATION |
| 22-15059 |
| January 13, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Environmental Matters |
Docket Report
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| Filing 26 Filed clerk order: The answering brief [ # 25 ] submitted by Ester M. McCullough, 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: red. The paper copies shall be submitted to the principal office of the Clerk. [12391839] (KT) [Entered: 03/10/2022 02:18 PM] |
| Filing 25 Submitted (ECF) Answering Brief for review. Submitted by Appellees BLM, Ester M. McCullough and USDOI. Date of service: 03/10/2022. [12391730] [22-15059] (Stockman, Robert) [Entered: 03/10/2022 01:33 PM] |
| Filing 24 Filed clerk order: The answering brief [ # 20 ] submitted by Lithium Nevada Corporation 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 excerpts of record [ # 21 ] submitted by Lithium Nevada Corporation 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. [12390572] (KT) [Entered: 03/09/2022 01:31 PM] |
| Filing 23 Deleted Incorrect Entry. Entered in error. [12386601] (CL) [Entered: 03/04/2022 01:51 PM] |
| Filing 22 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference, 03/07/2022, 10:30 a.m. Pacific Time. See order for details. [12386052] (BLS) [Entered: 03/04/2022 08:53 AM] |
| Filing 21 Submitted (ECF) excerpts of record. Submitted by Appellee Lithium Nevada Corporation. Date of service: 03/03/2022. [12385959] [22-15059]--[COURT UPDATE: attached corrected PDFs of excerpts of record. 03/09/2022 by KT] (Granier, Laura) [Entered: 03/03/2022 08:52 PM] |
| Filing 20 Submitted (ECF) Answering Brief for review. Submitted by Appellee Lithium Nevada Corporation. Date of service: 03/03/2022. [12385955] [22-15059]--[COURT UPDATE: attached corrected PDF of answering brief. 03/09/2022 by KT] (Granier, Laura) [Entered: 03/03/2022 08:36 PM] |
| Filing 19 Filed clerk order (Deputy Clerk: SH): The unopposed motion for extension of time to file the answering brief (Docket Entry No. [ # 17 ]) is granted. The answering brief is due March 10, 2022. The optional reply brief remains due within 21 days after service of the answering brief. [12382960] (RY) [Entered: 03/01/2022 11:49 AM] |
| Filing 18 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference w/ counsel for appellees only, 03/01/2022, 10:00 a.m. Pacific Time. See order for details. [12380724] (CL) [Entered: 02/25/2022 03:49 PM] |
| Filing 17 Filed (ECF) Appellees BLM, Ester M. McCullough and USDOI Unopposed Motion to extend time to file Answering brief until 03/10/2022. Date of service: 02/23/2022. [12378559] [22-15059] (Stockman, Robert) [Entered: 02/23/2022 07:18 PM] |
| Filing 16 Received 6 paper copies of Opening Brief [ # 9 ] filed by Burns Paiute Tribe and Reno-Sparks Indian Colony. [12372708] (SD) [Entered: 02/16/2022 04:24 PM] |
| Filing 15 Received 3 paper copies of excerpts of record [ # 8 ] in 4 volume(s) and index volume filed by Appellants Burns Paiute Tribe and Reno-Sparks Indian Colony. [12371796] (KWG) [Entered: 02/16/2022 10:48 AM] |
| Filing 14 Added Attorney(s) William Falk for party(s) Appellant Reno-Sparks Indian Colony. [12366106] (RL) [Entered: 02/10/2022 10:01 AM] |
| Filing 13 Filed (ECF) notice of appearance of William Taylor Falk (2980 Russet Sky Trail; Castle Rock, CO; 80108) for Appellant Reno-Sparks Indian Colony. Date of service: 02/10/2022. (Party was previously proceeding with counsel.) [12366074] [22-15059] (Falk, William) [Entered: 02/10/2022 09:43 AM] |
| Filing 12 Filed clerk order: The opening brief [ # 9 ] submitted by Burns Paiute Tribe and Reno-Sparks Indian Colony 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 [ # 8 ] submitted by Burns Paiute Tribe and Reno-Sparks Indian Colony 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. [12364115] (KT) [Entered: 02/08/2022 12:56 PM] |
| Filing 11 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 9 ]. Original Text: Submitted (ECF) Opening Brief for review. Submitted by Appellants Burns Paiute Tribe and Reno-Sparks Indian Colony. Date of service: 02/07/2022. [12363114] [22-15059] (Eichstaedt, Richard) [Entered: 02/07/2022 03:41 PM] |
| Filing 10 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 8 ]. Original Text: Submitted (ECF) excerpts of record. Submitted by Appellants Burns Paiute Tribe and Reno-Sparks Indian Colony. Date of service: 02/04/2022. [12361362] [22-15059] (Eichstaedt, Richard) [Entered: 02/04/2022 02:52 PM] |
| Filing 9 Submitted (ECF) Opening Brief for review. Submitted by Appellants Burns Paiute Tribe and Reno-Sparks Indian Colony. Date of service: 02/03/2022. [12360620] [22-15059]--[COURT UPDATE attached corrected PDF of opening brief. 02/08/2022 by KT] (Eichstaedt, Richard) [Entered: 02/03/2022 07:02 PM] |
| Filing 8 Submitted (ECF) excerpts of record. Submitted by Appellants Burns Paiute Tribe and Reno-Sparks Indian Colony. Date of service: 02/03/2022. [12359942] [22-15059]--[COURT UPDATE: attached corrected PDFs of excerpts of record. 02/08/2022 by KT] (Eichstaedt, Richard) [Entered: 02/03/2022 11:01 AM] |
| Filing 7 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 02/10/2022, 1:00 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12354340] (CL) [Entered: 01/28/2022 11:17 AM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 01/18/2022. 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.[12344017]. [22-15059] (AD) [Entered: 01/18/2022 06:44 PM] |
| Filing 5 Filed (ECF) Appellants Burns Paiute Tribe and Reno-Sparks Indian Colony Mediation Questionnaire. Date of service: 01/18/2022. [12343176] [22-15059] (Eichstaedt, Richard) [Entered: 01/18/2022 01:23 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: LCC): A review of the record reflects that this appeal, filed January 6, 2022, is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The scheduling order issued January 13, 2022, is amended as follows: 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 no later than February 3, 2022; the answering briefs are due March 3, 2022, 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 last-served 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. [12342477] (OC) [Entered: 01/18/2022 09:15 AM] |
| Filing 3 Added Attorney(s) Robert Parke Stockman for party(s) Appellee BLM Appellee Ester M. McCullough Appellee USDOI.. [12340251] (RL) [Entered: 01/13/2022 01:39 PM] |
| Filing 2 Filed (ECF) notice of appearance of Robert Parke Stockman (U.S. Department of Justice, P.O. Box 7415, Washington, DC 20044) for Appellees BLM, USDOI and Ester M. McCullough. Date of service: 01/13/2022. (Party was previously proceeding with counsel.) [12340190] [22-15059] (Stockman, Robert) [Entered: 01/13/2022 01:01 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Burns Paiute Tribe and Reno-Sparks Indian Colony Mediation Questionnaire due on 01/20/2022. Transcript ordered by 02/14/2022. Transcript due 03/14/2022. Appellants Burns Paiute Tribe and Reno-Sparks Indian Colony opening brief due 04/22/2022. Appellees Bureau of Land Management, Lithium Nevada Corporation, Ester M. McCullough and U.S. Department of the Interior answering brief due 05/23/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12340000] (RT) [Entered: 01/13/2022 11:44 AM] |
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