Earth Island Institute v. Cicely Muldoon, et al
| EARTH ISLAND INSTITUTE, a non-profit corporation |
| CICELY MULDOON, in her official capacity as Superintendent of Yosemite National Park, U.S. DEPARTMENT OF THE INTERIOR and UNITED STATES NATIONAL PARK SERVICE, an agency of the United States Department of the Interior |
| 22-16483 |
| September 27, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Environmental Matters |
Opinions
We have the following opinions for this case:
| Description |
|---|
 EARTH ISLAND INSTITUTE V. CICELY MULDOON, ET AL
|
Docket Report
RSS Track this Docket
This docket was last retrieved on November 16, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 27 Received 6 paper copies of Opening Brief [ # 22 ] filed by Earth Island Institute. [12589304] (SD) [Entered: 11/16/2022 04:03 PM] |
| Filing 26 Received 3 paper copies of excerpts of record [ # 23 ] in 8 volume(s) and index volume filed by Appellant Earth Island Institute. [12589298] (SD) [Entered: 11/16/2022 04:02 PM] |
| Filing 25 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. [12587831] (CL) [Entered: 11/15/2022 01:58 PM] |
| Filing 24 Filed clerk order: The opening brief [ # 22 ] submitted by Earth Island Institute 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 [ # 23 ] submitted by Earth Island Institute 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. [12583501] (KWG) [Entered: 11/09/2022 10:53 AM] |
| Filing 23 Submitted (ECF) excerpts of record. Submitted by Appellant Earth Island Institute. Date of service: 11/08/2022. [12583168] [22-16483] (Nicholson, Haley) [Entered: 11/08/2022 08:00 PM] |
| Filing 22 Submitted (ECF) Opening Brief for review. Submitted by Appellant Earth Island Institute. Date of service: 11/08/2022. [12583167] [22-16483]--[COURT UPDATE: Attached corrected PDF of the brief. 11/09/2022 by KWG] (Nicholson, Haley) [Entered: 11/08/2022 07:53 PM] |
| Filing 21 Added Attorney(s) Haley Nicholson for party(s) Appellant Earth Island Institute, in case 22-16483. [12575471] (NAC) [Entered: 10/28/2022 11:57 AM] |
| Filing 20 Filed (ECF) notice of appearance of Haley, Anne, Nicholson (Earthrise Law Center, 10101 S. Terwilliger Blvd, Portland, OR 97219) for Appellant Earth Island Institute. Date of service: 10/28/2022. (Party was previously proceeding with counsel.) [12575450] [22-16483] (Nicholson, Haley) [Entered: 10/28/2022 11:45 AM] |
| Filing 19 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 10/28/2022, 2:00 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12570310] (CL) [Entered: 10/21/2022 01:47 PM] |
| Filing 18 Filed order MEDIATION (SJS): The briefing schedule previously set by the court is amended as follows: appellant's opening brief is due November 8, 2022; appellees' answering brief is due December 16, 2022; and appellant's optional reply brief is due January 12, 2023. [12570245] (RY) [Entered: 10/21/2022 01:13 PM] |
| Filing 17 Filed order (BARRY G. SILVERMAN and ERIC D. MILLER) Appellants emergency motion for an injunction pending appeal (Docket Entry Nos. [ # 7 ], 12560684-1]) is denied. See Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). The existing briefing schedule remains in effect. [12564937] (JMR) [Entered: 10/17/2022 12:17 PM] |
| Filing 16 Filed (ECF) Appellant Earth Island Institute reply to response (motion for injunction pending appeal). Date of service: 10/16/2022. [12564318] [22-16483] (Buchele, Thomas) [Entered: 10/16/2022 07:34 PM] |
| Filing 15 Filed (ECF) Appellees Cicely Muldoon, United States National Park Service and USDOI response opposing motion ([ # 14 ] Motion (ECF Filing), [ # 14 ] Motion (ECF Filing)). Date of service: 10/14/2022. [12563184] [22-16483]--[COURT UPDATE: Attached corrected response (corrected formatting issues with table of authorities). 10/14/2022 by SLM] (Frankel, David) [Entered: 10/14/2022 08:56 AM] |
| Filing 14 Filed (ECF) Appellant Earth Island Institute EMERGENCY Motion for injunction pending appeal. Date of service: 10/11/2022. [12560684] [22-16483] (Buchele, Thomas) [Entered: 10/11/2022 06:34 PM] |
| Filing 13 MEDIATION ORDER FILED: By 10/14/2022, 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. [12558689] (CL) [Entered: 10/07/2022 02:38 PM] |
| Filing 12 The Mediation Questionnaire for this case was filed on 10/03/2022. 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.[12555150]. [22-16483] (AD) [Entered: 10/03/2022 06:44 PM] |
| Filing 11 Filed (ECF) Appellant Earth Island Institute Mediation Questionnaire. Date of service: 10/03/2022. [12554966] [22-16483] (Buchele, Thomas) [Entered: 10/03/2022 03:39 PM] |
| Filing 10 Filed clerk order (Deputy Clerk: LCC): Appellees unopposed motion (Docket Entry No. [ # 9 ]) to set the parties stipulated briefing schedule on appellants emergency motion for an injunction pending appeal is granted. Any renewed or supplemental motion for injunctive relief is due October 11, 2022. Appellees response to any renewed or supplemental motion is due by 9:00 a.m. Pacific Time on October 14, 2022. Any reply is due by 9:00 a.m. Pacific Time on October 17, 2022. The established schedule for briefing on the merits remains in effect. [12553924] (AF) [Entered: 09/30/2022 05:16 PM] |
| Filing 9 Filed (ECF) Appellees Cicely Muldoon, United States National Park Service and USDOI EMERGENCY Motion for miscellaneous relief [Motion to Set a Stipulated Briefing Schedule]. Date of service: 09/30/2022. [12553911] [22-16483] (Frankel, David) [Entered: 09/30/2022 04:57 PM] |
| Filing 8 Filed clerk order (Deputy Clerk: AT): The court has received appellants emergency motion for an injunction pending appeal. Appellees response to the motion is due Monday, October 3, 2022 at 9:00 a.m. PDT. Appellants optional reply is due Monday, October 3, 2022 at 4:00 p.m. PDT. [12553214] (AF) [Entered: 09/30/2022 10:12 AM] |
| Filing 7 Filed (ECF) Appellant Earth Island Institute EMERGENCY Motion for injunction pending appeal. Date of service: 09/29/2022. [12553015] [22-16483] (Buchele, Thomas) [Entered: 09/29/2022 09:43 PM] |
| Filing 6 Added Attorney(s) David S. Frankel for party(s) Appellee United States National Park Service Appellee USDOI Appellee Cicely Muldoon. [12552890] (RL) [Entered: 09/29/2022 04:14 PM] |
| Filing 5 Filed (ECF) notice of appearance of David S. Frankel (United States Department of Justice, PO Box 7415, Washington, DC 20044-7415) for Appellees Cicely Muldoon, United States National Park Service and USDOI. Date of service: 09/29/2022. (Party was previously proceeding with counsel.) [12552880] [22-16483] (Frankel, David) [Entered: 09/29/2022 04:07 PM] |
| Filing 4 Added Attorney(s) Sommer H. Engels for party(s) Appellee United States National Park Service Appellee USDOI Appellee Cicely Muldoon, in case 22-16483. [12552793] (NAC) [Entered: 09/29/2022 03:24 PM] |
| Filing 3 Filed (ECF) notice of appearance of Sommer H. Engels (USDOJ ENRD Appellate, P.O. Box 7415, Ben Franklin Station, Washington, DC 20044) for Appellees Cicely Muldoon, United States National Park Service and USDOI. Date of service: 09/29/2022. (Party was previously proceeding with counsel.) [12552788] [22-16483] (Engels, Sommer) [Entered: 09/29/2022 03:21 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed September 26, 2022 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. 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 October 24, 2022; the answering brief is due November 21, 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 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. [12551767] (RT) [Entered: 09/28/2022 02:59 PM] |
| 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. [12550740] (RT) [Entered: 09/27/2022 02:03 PM] |
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.
| Search for this case: Earth Island Institute v. Cicely Muldoon, et al | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff / appellant: EARTH ISLAND INSTITUTE, a non-profit corporation | |
| Represented By: | Thomas C. Buchele |
| Represented By: | Haley Nicholson |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant / appellee: CICELY MULDOON, in her official capacity as Superintendent of Yosemite National Park | |
| Represented By: | David W. Gehlert |
| Represented By: | Jeffrey Scott Thomas Esquire |
| Represented By: | Sommer H. Engels |
| Represented By: | David S. Frankel |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant / appellee: U.S. DEPARTMENT OF THE INTERIOR | |
| Represented By: | David W. Gehlert |
| Represented By: | Jeffrey Scott Thomas Esquire |
| Represented By: | Sommer H. Engels |
| Represented By: | David S. Frankel |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant / appellee: UNITED STATES NATIONAL PARK SERVICE, an agency of the United States Department of the Interior | |
| Represented By: | David W. Gehlert |
| Represented By: | Jeffrey Scott Thomas Esquire |
| Represented By: | Sommer H. Engels |
| Represented By: | David S. Frankel |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
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.
