Hillcrest Investments, Ltd., et al v. American Borate Company, et al
| HILLCREST INVESTMENTS, LTD. and AMERGOSA ENTERPRISE, LLC |
| AMERICAN BORATE COMPANY, AMERICAN BORATE COMPANY OF TEXAS, STATE ENGINEER, STATE OF NEVADA, DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, DIVISION OF WATER RESOURCES, NEVADA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, DIVISION OF WATER RESOURCES, RAMM CORPORATION, UNITED STATES FISH AND WILDLIFE SERVICE and NATIONAL PARK SERVICE |
| 22-15751 |
| May 17, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Real Property Actions |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 10, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 12 Fee status changed ( [Case Number 22-15751: Paid] ). [12469037] (RL) [Entered: 06/10/2022 08:16 PM] |
| Filing 11 The Mediation Questionnaire for this case was filed on 06/10/2022. 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.[12469020]. [22-15751] (AD) [Entered: 06/10/2022 06:44 PM] |
| Filing 10 The Mediation Questionnaire for this case was filed on 06/10/2022. 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.[12469019]. [22-15751] (AD) [Entered: 06/10/2022 06:44 PM] |
| Filing 9 Filed (ECF) Appellants Amergosa Enterprise, LLC and Hillcrest Investments, Ltd. Mediation Questionnaire. Date of service: 06/10/2022. [12468927] [22-15751] (Thomas, Byron) [Entered: 06/10/2022 04:09 PM] |
| Filing 8 Filed (ECF) Appellants Amergosa Enterprise, LLC and Hillcrest Investments, Ltd. response to Court order dated 05/19/2022. Date of service: 06/10/2022. [12468923] [22-15751] (Thomas, Byron) [Entered: 06/10/2022 04:04 PM] |
| Filing 7 Filed (ECF) Appellants Amergosa Enterprise, LLC and Hillcrest Investments, Ltd. Mediation Questionnaire. Date of service: 06/10/2022. [12468855] [22-15751] (Thomas, Byron) [Entered: 06/10/2022 03:26 PM] |
| Filing 6 Added Attorney(s) Andrew Marshall Bernie for party(s) Appellee USFWS Appellee National Park Service. [12466458] (RL) [Entered: 06/08/2022 12:14 PM] |
| Filing 5 Filed (ECF) notice of appearance of Andrew Marshall Bernie (United States Department of Justice, 950 Pennsylvania Avenue NW, Washington, D.C. 20530) for Appellees National Park Service and USFWS. Date of service: 06/08/2022. (Party was previously proceeding with counsel.) [12466454] [22-15751] (Bernie, Andrew) [Entered: 06/08/2022 12:11 PM] |
| Filing 4 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. [12463025] (LW) [Entered: 06/03/2022 12:15 PM] |
| Filing 3 Received copy of amended notice of appeal from district court. [12451571] (JFF) [Entered: 05/19/2022 01:48 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: LCC): A review of this courts docket reflects that the filing and docketing fees for this appeal remain due. Within 21 days after the date of this order, appellants must pay to the district court the $505.00 filing and docketing fees for this appeal and file in this court proof of such payment. Failure to pay the fees will result in the automatic dismissal of the appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. The courts records further reflect that appellants have filed in the district court a motion for reconsideration of the order challenged in this appeal, which remains pending. Proceedings in this appeal other than mediation will therefore be held in abeyance pending the district courts resolution of the pending motion. See Nutraceutical Corp. v. Lambert, 139 S. Ct. 710, 717 (2019) (noting that a timely motion for reconsideration filed within a window to appeal renders an otherwise final decision of a district court not final for purposes of appeal (internal marks and citation omitted)). Within 7 days after the district courts ruling on the pending motion, appellants shall notify this court in writing of the ruling and shall advise whether appellants intend to prosecute this appeal. To appeal the district courts ruling on the reconsideration motion, appellants must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. See also Litchfield v. Spielberg, 736 F.2d 1352, 1355 (9th Cir. 1984) (An appeal from a final judgment draws in question all earlier, non-final orders and rulings which produced the judgment.). The Clerk will serve this order on the district court. [12451429] (TSP) [Entered: 05/19/2022 12:50 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Amergosa Enterprise, LLC and Hillcrest Investments, Ltd. Mediation Questionnaire due on 05/24/2022. Transcript ordered by 06/15/2022. Transcript due 07/15/2022. Appellants Amergosa Enterprise, LLC and Hillcrest Investments, Ltd. opening brief due 08/24/2022. Appellees American Borate Company, American Borate Company of Texas, National Park Service, Nevada Department of Conservation and Natural Resources, Division of Water Resources, Ramm Corporation, State Engineer, State of Nevada, Department of Conservation and Natural Resources, Division of Water Resources and United States Fish and Wildlife Service answering brief due 09/23/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12449285] (JBS) [Entered: 05/17/2022 03:25 PM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the U.S. 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.
