Natural Grocers, et al v. Thomas Vilsack, et al
| NATURAL GROCERS, CITIZENS FOR GMO LABELING, LABEL GMOS, RURAL VERMONT, GOOD EARTH NATURAL FOODS, PUGET CONSUMERS CO-OP, CENTER FOR FOOD SAFETY and NATIONAL ORGANIC COALITION |
| THOMAS VILSACK, Secretary of the United States Department of Agriculture, BRUCE SUMMERS, Administrator of the Agricultural Marketing Services and UNITED STATES DEPARTMENT OF AGRICULTURE |
| AMERICAN FARM BUREAU FEDERATION, UNITED STATES BEET SUGAR ASSOCIATION and AMERICAN SUGARBEET GROWERS ASSOCIATION |
| NON-GMO PROJECT and HEALTH RESEARCH INSTITUTE |
| 22-16770 |
| November 15, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutes - APA Review/Appeal |
Docket Report
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| Filing 28 Streamlined request [27] by Appellees Bruce Summers, USDA and Thomas Vilsack to extend time to file the brief is approved FOR ALL APPELLEES. Amended briefing schedule: Appellees American Farm Bureau Federation, American Sugarbeet Growers Association, Bruce Summers, United States Beet Sugar Association, United States Department of Agriculture and Thomas Vilsack answering brief due 12/18/2023. The optional reply brief is due 21 days from the date of service of the answering brief. [12818979] (DR) [Entered: 11/02/2023 11:48 AM] |
| Filing 27 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Bruce Summers, USDA and Thomas Vilsack. New requested due date is 12/15/2023. [12818908] [22-16770] (Jed, Adam) [Entered: 11/02/2023 11:06 AM] |
| Filing 26 Received 6 paper copies of Amicus Brief [ # 21 ] filed by Health Research Institute and Non-GMO Project. [12797499] (SD) [Entered: 09/22/2023 03:44 PM] |
| Filing 25 Filed clerk order: The amicus brief [ # 21 ] submitted by Health Research Institute and Non-GMO Project 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: green. The paper copies shall be submitted to the principal office of the Clerk. [12793025] (SML) [Entered: 09/15/2023 10:36 AM] |
| Filing 24 Entered appearance of Amici Curiae Non-GMO Project and Health Research Institute. [12793023] (SML) [Entered: 09/15/2023 10:35 AM] |
| Filing 23 Received 6 paper copies of Opening Brief [ # 18 ] filed by Appellants. [12792341] (SD) [Entered: 09/14/2023 12:27 PM] |
| Filing 22 Received 3 paper copies of excerpts of record [ # 19 ] in 4 volume(s) and index volume filed by Appellants. [12792338] (SD) [Entered: 09/14/2023 12:26 PM] |
| Filing 21 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by NonGMO Project and Health Research Institute. Date of service: 09/12/2023. [12791156] [22-16770]--[COURT UPDATE: Attached corrected brief. 09/15/2023 by SML] (Blome, Jessica) [Entered: 09/12/2023 06:29 PM] |
| Filing 20 Filed clerk order: The opening brief [ # 18 ] submitted by Appellants 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 [ # 19 ] submitted by Appellants 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. [12787900] (SML) [Entered: 09/07/2023 08:58 AM] |
| Filing 19 Submitted (ECF) excerpts of record. Submitted by Appellants Center for Food Safety, Citizens for GMO Labeling, Good Earth Natural Foods, Label GMOs, National Organic Coalition, Natural Grocers, Puget Consumers Co-op and Rural Vermont. Date of service: 09/05/2023. [12786935] [22-16770] (Stevenson, Meredith) [Entered: 09/05/2023 05:33 PM] |
| Filing 18 Submitted (ECF) Opening Brief for review. Submitted by Appellants Center for Food Safety, Citizens for GMO Labeling, Good Earth Natural Foods, Label GMOs, National Organic Coalition, Natural Grocers, Puget Consumers Co-op and Rural Vermont. Date of service: 09/05/2023. [12786932] [22-16770] (Stevenson, Meredith) [Entered: 09/05/2023 05:27 PM] |
| Filing 17 Filed clerk order (Deputy Clerk: MCD): This appeal was administratively closed. The appeal is reopened. The briefing schedule previously set by the court is reset as follows: appellants' opening brief is due September 5, 2023; appellees' answering brief is due November 17, 2023; appellants' optional reply brief is due December 15, 2023. This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [12736821] (JBS) [Entered: 06/15/2023 12:37 PM] |
| Filing 16 Filed order (Deputy Clerk: JW) The Clerk is directed to temporarily close this courts docket for administrative purposes until June 1, 2023. This administrative closure is not a decision on the merits and no mandate will issue in connection with this order. At any time, any party may request that this appeal be reopened. On or before April 3, 2023, May 2, 2023, and June 1, 2023, counsel for appellants are requested to contact the mediator (jonathan_westen@ca9.uscourts.gov) to report on the status of the case. Counsel are requested to include the Ninth Circuit case name and number in the subject line. [12666682] (JBS) [Entered: 03/03/2023 10:53 AM] |
| Filing 15 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference, 02/27/2023, 11:00 a.m. Pacific Time. See order for details. [12656544] (BLS) [Entered: 02/17/2023 05:13 PM] |
| Filing 14 MEDIATION STATUS REPORT DUE - 02/14/2023. See order for details. [12643385] (BLS) [Entered: 01/31/2023 03:46 PM] |
| Filing 13 Added Attorney(s) Christopher Marraro for party(s) Appellee American Sugarbeet Growers Association and Appellee United States Beet Sugar Association, in case 22-16770. [12630144] (QDL) [Entered: 01/13/2023 11:07 AM] |
| Filing 12 Filed (ECF) notice of appearance of Christopher H. Marraro (Baker Hostetler LLP, 1050 Connecticut Ave., NW, Suite 1100, Washington, DC 20036) for Appellees American Sugarbeet Growers Association and United States Beet Sugar Association. Date of service: 01/13/2023. (Party was previously proceeding with counsel.) [12630136] [22-16770] (Marraro, Christopher) [Entered: 01/13/2023 11:06 AM] |
| Filing 11 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 01/30/2023, 11:00 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12627789] (BLS) [Entered: 01/10/2023 07:12 PM] |
| Filing 10 Filed clerk order (Deputy Clerk: SSR): Appellants motion (Docket Entry No. [ # 9 ]) for an extension of time to file the opening brief is granted. The opening brief is due March 10, 2023. The answering brief is due April 10, 2023. The optional reply brief is due within 21 days after service of the answering brief. [12625010] (ABT) [Entered: 01/06/2023 03:12 PM] |
| Filing 9 Filed (ECF) Appellants Center for Food Safety, Citizens for GMO Labeling, Good Earth Natural Foods, Label GMOs, National Organic Coalition, Natural Grocers, Puget Consumers Co-op and Rural Vermont Motion to extend time to file Opening brief until 03/10/2023. Date of service: 12/22/2022. [12616846] [22-16770] (Stevenson, Meredith) [Entered: 12/22/2022 03:34 PM] |
| Filing 8 Filed (ECF) notice of appearance of Bridget S. McCabe (Baker Hostetler LLP, 11601 Wilshire Boulevard, Suite 1400, Los Angeles, CA 90025) for Appellees American Sugarbeet Growers Association and United States Beet Sugar Association. Date of service: 12/12/2022. (Party was previously proceeding with counsel.) [12607545] [22-16770] (McCabe, Bridget) [Entered: 12/12/2022 06:47 AM] |
| Filing 7 Terminated Unregistered Attorney Kristina Wolfe for Thomas Vilsack, USDA and Bruce Summers in 22-16770. Parties have alternate counsel. [12600839] (SVG) [Entered: 12/02/2022 10:57 AM] |
| Filing 6 MEDIATION ORDER FILED: By 12/15/2022, 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. [12600186] (VS) [Entered: 12/01/2022 01:29 PM] |
| Filing 5 Added Attorney(s) Adam C. Jed for party(s) Appellee Bruce Summers, Appellee USDA and Appellee Thomas Vilsack, in case 22-16770. [12598277] (QDL) [Entered: 11/29/2022 02:40 PM] |
| Filing 4 Filed (ECF) notice of appearance of Adam C. Jed (U.S. Department of Justice Appellate Staff, Civil Division 950 Pennsylvania Ave., NW, Rm. 7243 Washington, DC 20530) for Appellees Bruce Summers, United States Department of Agriculture and Thomas Vilsack. Date of service: 11/29/2022. (Party was previously proceeding with counsel.) [12598112] [22-16770]--[COURT UPDATE: Edited docket text to reflect correct parties. 11/29/2022 by QDL] (Jed, Adam) [Entered: 11/29/2022 01:42 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 11/21/2022. 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.[12593366]. [22-16770] (AD) [Entered: 11/21/2022 06:44 PM] |
| Filing 2 Filed (ECF) Appellants Center for Food Safety, Citizens for GMO Labeling, Good Earth Natural Foods, Label GMOs, National Organic Coalition, Natural Grocers, Puget Consumers Co-op and Rural Vermont Mediation Questionnaire. Date of service: 11/21/2022. [12592658] [22-16770] (Stevenson, Meredith) [Entered: 11/21/2022 01:32 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Center for Food Safety, Citizens for GMO Labeling, Good Earth Natural Foods, Label GMOs, National Organic Coalition, Natural Grocers, Puget Consumers Co-op and Rural Vermont Mediation Questionnaire due on 11/22/2022. Appellants Center for Food Safety, Citizens for GMO Labeling, Good Earth Natural Foods, Label GMOs, National Organic Coalition, Natural Grocers, Puget Consumers Co-op and Rural Vermont opening brief due 01/09/2023. Appellees American Farm Bureau Federation, American Sugarbeet Growers Association, Bruce Summers, United States Beet Sugar Association, United States Department of Agriculture and Thomas Vilsack answering brief due 02/08/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12588107] (JBS) [Entered: 11/15/2022 04:05 PM] |
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