Fallon Paiute-Shoshone Tribe, et al v. USDOI, et al
| U.S. DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT and JAKE VIALPANDO, in his official capacity as Field Manager of the Bureau of Land Management Stillwater Field Office |
| FALLON PAIUTE-SHOSHONE TRIBE and CENTER FOR BIOLOGICAL DIVERSITY |
| ORMAT NEVADA, INC. |
| GEOTHERMAL RISING |
| 22-15092 |
| January 21, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutes - APA Review/Appeal |
Opinions
We have the following opinions for this case:
| Description |
|---|
| FALLON PAIUTE-SHOSHONE TRIBE V. USDOI |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 10, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 36 Received 3 paper copies of supplemental excerpts of record [ # 31 ] in 3 volume(s) and index volume filed by Appellees/Cross-Appellants Center for Biological Diversity and Fallon Paiute-Shoshone Tribe. [12391795] [22-15092, 22-15093] (LA) [Entered: 03/10/2022 02:00 PM] |
| Filing 35 Received 6 paper copies of Second Brief on Cross-Appeal [ # 30 ] filed by Center for Biological Diversity and Fallon Paiute-Shoshone Tribe. [12391770] [22-15092, 22-15093] (SD) [Entered: 03/10/2022 01:49 PM] |
| Filing 34 Filed clerk order: The second brief on cross-appeal [ # 30 ] submitted by Center for Biological Diversity and Fallon Paiute-Shoshone Tribe 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 supplemental excerpts of record [ # 31 ] submitted by Center for Biological Diversity and Fallon Paiute-Shoshone Tribe 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. A review of the Court's docket reflects Amicus Curiae Geothermal Rising has not filed the paper copies of the amicus brief [ # 24 ] as directed by the Court's order [ # 27 ] filed on 2/16/22. Within 7 days after the date of this order, amicus curiae is ordered to file 6 copies of the brief in paper format with green covers, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. The Form 18 certificate is available on the court's website at http://www.ca9.uscourts.gov/forms/. The paper copies shall be submitted to the principal office of the Clerk. [12388121] [22-15092, 22-15093] (SML) [Entered: 03/07/2022 01:47 PM] |
| Filing 33 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 31 ]. Original Text: Filed (ECF) Errata to supplemental excerpts of record ([32] Excerpts of Record Submitted (ECF Filing)). Filed by Appellant Center for Biological Diversity in 22-15093. Date of service: 03/04/2022. [12387136] [22-15093, 22-15092] (Lake, Scott) [Entered: 03/04/2022 09:45 PM] |
| Filing 32 COURT DELETED INCORRECT/DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 31 ]. Original Text: Submitted (ECF) supplemental excerpts of record. Submitted by Appellant Center for Biological Diversity in 22-15093, Appellee Fallon Paiute-Shoshone Tribe in 22-15092. Date of service: 03/04/2022. [12387135] [22-15093, 22-15092] (Lake, Scott) [Entered: 03/04/2022 09:34 PM] |
| Filing 31 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Center for Biological Diversity and Fallon Paiute-Shoshone Tribe in 22-15092, Appellants Center for Biological Diversity and Fallon Paiute-Shoshone Tribe in 22-15093. Date of service: 03/04/2022. [12387133] [22-15093, 22-15092]--[COURT UPDATE: Attached PDF file of volume 3 and updated entry to correctly reflect filers. 03/07/2022 by SML] (Lake, Scott) [Entered: 03/04/2022 09:29 PM] |
| Filing 30 Submitted (ECF) Second Brief on Cross-Appeal for review. Submitted by Appellees Center for Biological Diversity and Fallon Paiute-Shoshone Tribe in 22-15092, Appellants Center for Biological Diversity and Fallon Paiute-Shoshone Tribe in 22-15093. Date of service: 03/04/2022. [12387132] [22-15093, 22-15092]--[COURT UPDATE: Updated entry to correctly reflect filers. 03/07/2022 by SML] (Lake, Scott) [Entered: 03/04/2022 09:18 PM] |
| Filing 29 Filed (ECF) Attorney Hadassah Marie Reimer for Appellant Ormat Nevada, Inc. in 22-15092, Attorney Hadassah Marie Reimer for Appellee Ormat Nevada, Inc. in 22-15093 response to notice for case being considered for oral argument. Date of service: 02/25/2022. [12379942] [22-15092, 22-15093] (Reimer, Hadassah) [Entered: 02/25/2022 10:04 AM] |
| Filing 28 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for June 2022 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation).[12378481]. [22-15092, 22-15093] (KS) [Entered: 02/23/2022 05:12 PM] |
| Filing 27 Filed clerk order (Deputy Clerk: LK): The motion of Geothermal Rising for leave to file an amicus curiae brief (Docket Entry No. [ # 24 ]) and any responses are referred to the panel that will consider the merits of the consolidated cases. Within 7 days after the date of this order, amicus curiae is ordered to file 6 copies of the brief in paper format with green covers, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. The Form 18 certificate is available on the court's website at http://www.ca9.uscourts.gov/forms/. The paper copies shall be submitted to the principal office of the Clerk. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. The previously established briefing schedule remains in effect. [12372503] [22-15092, 22-15093] (RY) [Entered: 02/16/2022 03:04 PM] |
| Filing 26 Entered appearance of Amicus Curiae - Pending Geothermal Rising. [12367908] [22-15092, 22-15093] (SML) [Entered: 02/11/2022 01:20 PM] |
| Filing 25 COURT DELETED INCORRECT/DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 24 ]. Original Text: Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Geothermal Rising. Date of service: 02/08/2022. [12367461] [22-15092, 22-15093] (Mckinsey, John) [Entered: 02/11/2022 09:42 AM] |
| Filing 24 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Geothermal Rising. Date of service: 02/10/2022. [12366591] [22-15092, 22-15093]--[COURT UPDATE: Backdated entry to reflect original date of submission. 02/11/2022 by SML] (Mckinsey, John) [Entered: 02/10/2022 01:48 PM] |
| Filing 23 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 24 ]. Original Text: Filed (ECF) Geothermal Rising Motion to become amicus curiae. Date of service: 02/08/2022. [12364710] [22-15092, 22-15093] (Mckinsey, John) [Entered: 02/08/2022 11:28 PM] |
| Filing 22 Received 6 paper copies of First Brief on Cross-Appeal [ # 17 ] filed by Ormat Nevada, Inc.. [12364460] [22-15092, 22-15093] (SD) [Entered: 02/08/2022 03:32 PM] |
| Filing 21 Received 3 paper copies of excerpts of record [ # 18 ] in 5 volume(s) and index volume filed by Appellant Ormat Nevada, Inc.. [12364171] [22-15092, 22-15093] (KWG) [Entered: 02/08/2022 01:29 PM] |
| Filing 20 Filed order (MORGAN B. CHRISTEN and JACQUELINE H. NGUYEN): Ormat Nevada, Inc.s motion to stay or modify the district courts injunction pending appeal (Docket Entry No. [ # 4 ] in No. 22-15092) is granted. See Nken v. Holder, 556 U.S. 418 (2009) (setting forth moving partys burden and discussing factors for consideration). The district courts preliminary injunction is stayed pending resolution of these cross-appeals. Fallon Paiute-Shoshone Tribe and Center for Biological Diversitys motion to expedite (Docket Entry No. [ # 9 ] in No. 22-15092) is granted in part. The first brief on cross-appeal has been filed. The second brief on cross-appeal is now due March 4, 2022; the third brief on cross-appeal is due April 1, 2022; and the optional cross-appeal reply brief is due within 21 days after service of the third brief on cross-appeal. No streamlined extensions of time will be approved under Ninth Circuit Rule 31-2.2(a). 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). The Clerk will place these cases on the next available calendar upon the completion of briefing. See 9th Cir. Gen. Ord. 3.3(f). [12361682] [22-15092, 22-15093] (AF) [Entered: 02/04/2022 04:45 PM] |
| Filing 19 Filed clerk order: The first brief on cross-appeal [ # 17 ] submitted by Ormat Nevada, Inc. 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 ] submitted by Ormat Nevada, Inc. 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. [12360378] [22-15092, 22-15093] (SML) [Entered: 02/03/2022 03:49 PM] |
| Filing 18 Submitted (ECF) excerpts of record. Submitted by Appellant Ormat Nevada, Inc. in 22-15092, Appellee Ormat Nevada, Inc. in 22-15093. Date of service: 02/01/2022. [12357905] [22-15092, 22-15093]--[COURT UPDATE: Attached corrected index volume and volume 5, updated entry to correctly reflect filer. 02/03/2022 by SML] (Reimer, Hadassah) [Entered: 02/01/2022 04:03 PM] |
| Filing 17 Submitted (ECF) First Brief on Cross-Appeal for review. Submitted by Appellant Ormat Nevada, Inc. in 22-15092, Appellee Ormat Nevada, Inc. in 22-15093. Date of service: 02/01/2022. [12357877] [22-15092, 22-15093]--[COURT UPDATE: Updated entry to correctly reflect content of filing. 02/03/2022 by SML] (Reimer, Hadassah) [Entered: 02/01/2022 03:52 PM] |
| Filing 16 Added Attorney Scott Lake for party(s) Appellant Center for Biological Diversity, in case 22-15093 and Appellee Center for Biological Diversity, in case 22-15092. [12353989] [22-15092, 22-15093] (NAC) [Entered: 01/28/2022 07:28 AM] |
| Filing 15 Filed (ECF) notice of appearance of Scott Robert Lake (Center for Biological Diversity) for Appellant Center for Biological Diversity in 22-15093, Appellee Center for Biological Diversity in 22-15092. Date of service: 01/27/2022. (Party was previously proceeding with counsel.) [12353938] [22-15093, 22-15092] (Lake, Scott) [Entered: 01/27/2022 05:44 PM] |
| Filing 14 MEDIATION ORDER FILED: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel may contact Circuit Mediator to discuss services available through the Circuit Mediation Program or to request a settlement assessment conference. Info regarding the mediation program may be found at www.ca9.uscourts.gov/mediation. [12353561] [22-15092, 22-15093] (CL) [Entered: 01/27/2022 02:26 PM] |
| Filing 13 The Mediation Questionnaire for this case was filed on 01/27/2022. 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.[12353358]. [22-15092] (AD) [Entered: 01/27/2022 12:44 PM] |
| Filing 12 Filed (ECF) Appellee Fallon Paiute-Shoshone Tribe in 22-15092 Mediation Questionnaire. Date of service: 01/27/2022. [12353077] [22-15092, 22-15093] (Golding, Wyatt) [Entered: 01/27/2022 10:06 AM] |
| Filing 11 Filed (ECF) Appellant Ormat Nevada, Inc. in 22-15092 reply to response (). Date of service: 01/26/2022. [12352780] [22-15092, 22-15093] (Reimer, Hadassah) [Entered: 01/26/2022 08:56 PM] |
| Filing 10 The Mediation Questionnaire for this case was filed on 01/25/2022. 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.[12351328]. [22-15092] (AD) [Entered: 01/25/2022 06:44 PM] |
| Filing 9 Filed (ECF) Appellee Fallon Paiute-Shoshone Tribe in 22-15092 Motion to expedite case and Response to motion ([ # 4 ] Motion (ECF Filing), [ # 4 ] Motion (ECF Filing)). Date of service: 01/25/2022. [12351126] [22-15092, 22-15093] (Golding, Wyatt) [Entered: 01/25/2022 04:25 PM] |
| Filing 8 Filed (ECF) Appellant Ormat Nevada, Inc. Mediation Questionnaire. Date of service: 01/25/2022. [12350660] [22-15092]--[COURT UPDATE: Spread docket text to 22-15093. 01/25/2022 by SLM] (Reimer, Hadassah) [Entered: 01/25/2022 02:11 PM] |
| Filing 7 Added Attorney(s) Michelle Melton for party(s) Appellee BLM Appellee USDOI Appellee Jake Vialpando, in case 22-15093. [12349195] [22-15092, 22-15093] (NAC) [Entered: 01/24/2022 02:44 PM] |
| Filing 6 Filed (ECF) notice of appearance of Michelle Nicole Melton (US Department of Justice, PO Box 7415, Washington DC 20044) for Appellees BLM, USDOI and Jake Vialpando in 22-15093. Date of service: 01/24/2022. (Party was previously proceeding with counsel.) [12349186] [22-15093, 22-15092] (Melton, Michelle) [Entered: 01/24/2022 02:40 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: AC): These cross-appeals filed January 20 and January 21, 2022 are preliminary injunction appeals. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaires are 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 first brief on cross-appeal is due February 18, 2022; the second brief on cross-appeal is due March 18, 2022; the third brief on cross-appeal is due April 15, 2022; and the optional cross-appeal reply brief is due within 21 days after service of the third brief on cross-appeal. 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). [12349148] [22-15092, 22-15093] (RT) [Entered: 01/24/2022 02:28 PM] |
| Filing 4 Filed (ECF) Appellant Ormat Nevada, Inc. Motion to stay lower court action. Date of service: 01/21/2022. [12348126] [22-15092] (Lukas, Timothy) [Entered: 01/21/2022 06:13 PM] |
| Filing 3 Added Attorney(s) Gordon H. DePaoli for party(s) Appellant Center for Biological Diversity Appellant Fallon Paiute-Shoshone Tribe, in case 22-15093 Attorney(s) Gordon H. DePaoli for party(s) Appellee Fallon Paiute-Shoshone Tribe Appellee Center for Biological Diversity, in case 22-15092. [12347981] [22-15092, 22-15093] (RT) [Entered: 01/21/2022 04:33 PM] |
| Filing 2 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. Setting cross-appeal briefing schedule as follows: to be set. Preliminary Injunction Cross Appeal. C.R. 3-3. [12347263] [22-15093, 22-15092] (RT) [Entered: 01/21/2022 11:37 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. [12347204] (RT) [Entered: 01/21/2022 11:15 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.
