State of California, et al v. Debra Haaland, et al
| STATE OF CALIFORNIA, COMMONWEALTH OF MASSACHUSETTS, STATE OF MARYLAND, STATE OF COLORADO, STATE OF CONNECTICUT, STATE OF ILLINOIS, STATE OF MICHIGAN, STATE OF NEVADA, STATE OF NEW JERSEY, STATE OF NEW MEXICO, STATE OF NEW YORK, STATE OF NORTH CAROLINA, STATE OF OREGON, COMMONWEALTH OF PENNSYLVANIA, STATE OF RHODE ISLAND, STATE OF VERMONT, STATE OF WASHINGTON, DISTRICT OF COLUMBIA, CITY OF NEW YORK, STATE OF WISCONSIN and STATE OF MINNESOTA |
| DEBRA ANNE HAALAND, U.S. Secretary of the Interior, UNITED STATES FISH AND WILDLIFE SERVICE, GINA RAIMONDO, U.S. Secretary of Commerce, NATIONAL MARINE FISHERIES SERVICE, UTILITY WATER ACT GROUP and DEB HAALAND, U.S. Secretary of the Interior |
| STATE OF ALABAMA, STATE OF ALASKA, STATE OF ARIZONA, ex rel. the Arizona Game and Fish Commission, STATE OF ARKANSAS, STATE OF IDAHO, STATE OF KANSAS, STATE OF MISSOURI, STATE OF MONTANA, STATE OF NEBRASKA, STATE OF NORTH DAKOTA, STATE OF UTAH, STATE OF WEST VIRGINIA, STATE OF WYOMING, AMERICAN FARM BUREAU FEDERATION, AMERICAN FOREST RESOURCE COUNCIL, AMERICAN PETROLEUM INSTITUTE, FEDERAL FOREST RESOURCE COALITION, NATIONAL ALLIANCE OF FOREST OWNERS, NATIONAL ASSOCIATION OF HOME BUILDERS, NATIONAL CATTLEMEN'S BEEF ASSOCIATION, PUBLIC LANDS COUNCIL, KENNETH KLEMM, BEAVER CREEK BUFFALO CO., WASHINGTON CATTLEMEN'S ASSOCIATION and PACIFIC LEGAL FOUNDATION |
| 22-16094 |
| July 25, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutes - APA Review/Appeal |
Docket Report
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| Filing 19 Filed clerk order (Deputy Clerk: LCC): The courts records reflect that a timely filed a motion listed in Federal Rule of Appellate Procedure 4(a)(4) has been filed and remains pending in the district court. The notices of appeal are therefore ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, appellate proceedings other than mediation shall be held in abeyance pending the district courts resolution of the pending motion. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994); Tripati v. Henman, 845 F.2d 205, 206 (9th Cir. 1988). Within 7 days after the district courts ruling on the pending motion, plaintiffs-appellees shall notify this court in writing of the ruling.Any party intending to appeal the district courts ruling on the post-judgment motion must file a notice of appeal, or an amended notice of appeal, within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk shall serve this order on the district court. [12522644] [22-16094, 22-16095, 22-16096] (TSP) [Entered: 08/22/2022 01:18 PM] |
| Filing 18 Attorney Tori Sundheim in 22-16094 substituted by Attorneys Heidi Parry Stern and Anthony James Agosti Walsh in 22-16094 [12519113] (NAC) [Entered: 08/17/2022 03:15 PM] |
| Filing 17 Filed (ECF) notice of appearance of Anthony J. Walsh (State of Nevada, Office of the Attorney General 100 North Carson Street Carson City, NV 89701) for Appellee State of Nevada. Substitution for Attorney Ms. Tori Sundheim for Appellee State of Nevada. Date of service: 08/17/2022. (Party was previously proceeding with counsel.) [12519105] [22-16094] (Walsh, Anthony) [Entered: 08/17/2022 03:11 PM] |
| Filing 16 Filed (ECF) notice of appearance of Heidi Parry Stern (Nevada Attorney General, 555 E. Washington Ave, Suite 3900, Las Vegas, NV 89101) for Appellee State of Nevada. Substitution for Attorney Ms. Tori Sundheim for Appellee State of Nevada. Date of service: 08/17/2022. (Party was previously proceeding with counsel.) [12519103] [22-16094] (Stern, Heidi) [Entered: 08/17/2022 03:09 PM] |
| Filing 15 Attorney Aimee D. Thomson in 22-16094 substituted by Attorney Ann R. Johnston in 22-16094 [12515548] (NAC) [Entered: 08/12/2022 06:53 AM] |
| Filing 14 Filed (ECF) notice of appearance of Ann R. Johnston (Commonwealth of Pennsylvania Office of Attorney General, Strawberry Square, 14th Floor, Harrisburg, PA 17120) for Appellee Commonwealth of Pennsylvania. Substitution for Attorney Aimee D. Thomson for Appellee Commonwealth of Pennsylvania. Date of service: 08/12/2022. (Party was previously proceeding with counsel.) [12515539] [22-16094] (Johnston, Ann) [Entered: 08/12/2022 06:07 AM] |
| Filing 13 Filed (ECF) Appellee State of California Correspondence: Letter re FRCP 59 motion. Date of service: 08/11/2022 [12515444] [22-16094] (Torgun, George) [Entered: 08/11/2022 04:35 PM] |
| Filing 12 MEDIATION ORDER FILED: These cases are RELEASED from the Mediation Program. The dial-in telephone assessment conference previously scheduled for 09/07/2022, is canceled. [12514887] [22-16091, 22-16092, 22-16093, 22-16094, 22-16095, 22-16096, 22-16097, 22-16098, 22-16100] (CL) [Entered: 08/11/2022 11:10 AM] |
| Filing 11 Added Attorney(s) Arielle Mourrain Jeffries for party(s) Appellee NMFS Appellee USFWS Appellee Gina Raimondo Appellee Debra Anne Haaland, in case 22-16094. [12511552] (NAC) [Entered: 08/08/2022 09:54 AM] |
| Filing 10 Filed (ECF) notice of appearance of Arielle Mourrain Jeffries (U.S. Department of Justice, Environment and Natural Resources Division, P.O. Box 7415, Washington, DC 20044) for Appellees Debra Anne Haaland, NMFS, USFWS and Gina Raimondo. Date of service: 08/08/2022. (Party was previously proceeding with counsel.) [12511535] [22-16094] (Jeffries, Arielle) [Entered: 08/08/2022 09:48 AM] |
| Filing 9 Added Attorney(s) Daniel Halainen for party(s) Appellee NMFS Appellee USFWS Appellee Gina Raimondo Appellee Debra Anne Haaland, in case 22-16094. [12511294] (NAC) [Entered: 08/08/2022 07:35 AM] |
| Filing 8 Filed (ECF) notice of appearance of Daniel Jon Halainen (U.S. Department of Justice, Environment and Natural Resources Division, P.O. Box 7415, Washington, DC 20044) for Appellees Debra Anne Haaland, NMFS, Gina Raimondo and USFWS. Date of service: 08/06/2022. (Party was previously proceeding with counsel.) [12511019] [22-16094] (Halainen, Daniel) [Entered: 08/06/2022 07:58 AM] |
| Filing 7 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 09/07/2022, 12:30 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12510918] [22-16091, 22-16092, 22-16093, 22-16094, 22-16095, 22-16096, 22-16097, 22-16098, 22-16100] (CL) [Entered: 08/05/2022 04:38 PM] |
| Filing 6 Attorney Gregory Schultz in 22-16094 substituted by Attorney Randelle Boots in 22-16094 [12508506] (NAC) [Entered: 08/03/2022 11:18 AM] |
| Filing 5 Filed (ECF) notice of appearance of Randelle L. Boots (Office of the Rhode Island Attorney General, 150 South Main Street, Providence, RI 02903) for Appellee State of Rhode Island. Substitution for Attorney Gregory Schultz for Appellee State of Rhode Island. Date of service: 08/03/2022. (Party was previously proceeding with counsel.) [12508465] [22-16094] (Boots, Randelle) [Entered: 08/03/2022 10:48 AM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 08/01/2022. 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.[12507028]. [22-16094] (AD) [Entered: 08/02/2022 06:44 AM] |
| Filing 3 Filed (ECF) Appellant State of Alabama Correspondence: Appellants' Initial Notice Pursuant to Ninth Circuit Rule 10-3.1(a). Date of service: 08/01/2022 [12506982] [22-16094] (Bowdre, Alexander) [Entered: 08/01/2022 07:47 PM] |
| Filing 2 Filed (ECF) Appellants State of Alabama, State of Alaska, State of Arizona, State of Arkansas, State of Idaho, State of Kansas, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Utah, State of West Virginia and State of Wyoming Mediation Questionnaire. Date of service: 08/01/2022. [12506981] [22-16094] (Bowdre, Alexander) [Entered: 08/01/2022 07:45 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants State of Alabama, State of Alaska, State of Arizona, State of Arkansas, State of Idaho, State of Kansas, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Utah, State of West Virginia and State of Wyoming Mediation Questionnaire due on 08/01/2022. Transcript ordered by 08/24/2022. Transcript due 09/23/2022. Appellants State of Alabama, State of Alaska, State of Arizona, State of Arkansas, State of Idaho, State of Kansas, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Utah, State of West Virginia and State of Wyoming opening brief due 11/01/2022. Appellees City of New York, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, District of Columbia, Debra Anne Haaland, National Marine Fisheries Service, Gina Raimondo, State of California, State of Colorado, State of Connecticut, State of Illinois, State of Maryland, State of Michigan, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, State of Wisconsin, United States Fish and Wildlife Service and Utility Water Act Group answering brief due 12/01/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12501489] (RT) [Entered: 07/25/2022 02:10 PM] |
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