North Cascades Conservation Council, et al v. USFS, et al
| NORTH CASCADES CONSERVATION COUNCIL and KATHY JOHNSON |
| UNITED STATES FOREST SERVICE, an administrative agency of the United States of America, VICKI CHRISTIANSEN, Chief of the Forest Service, RANDY MOORE, Chief of the Forest Service, JAMIE KINGSBURY, Former Forest Supervisor for Mount Baker-Snoqualmie National Forest, JODY WEIL, Current Forest Supervisor for Mount Baker-Snoqualmie National Forest, PETER FORBES, Former District Ranger for Darrington Ranger District, ERIN ULOTH, Former Acting District Ranger for Darrington Ranger District, GRETCHEN SMITH, Current District Ranger for Darrington Ranger District and PHYLLIS REED, Project Lead for Darrington Ranger District |
| HAMPTON LUMBER MILLS-WASHINGTON, INC., HAMPTON TREE FARMS, LLC and SKAGIT LOG AND CONSTRUCTION, INC. |
| 22-35430 |
| June 2, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutory Actions |
Docket Report
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| Filing 57 MANDATE ISSUED.(WAF, RAP and LVD) [12718993] (HH) [Entered: 05/19/2023 09:13 AM] |
| Filing 56 FILED MEMORANDUM DISPOSITION (WILLIAM A. FLETCHER, RICHARD A. PAEZ and LAWRENCE VANDYKE) We deny Appellants Motion to Expedite. AFFIRMED. FILED AND ENTERED JUDGMENT. [12682052] (EHC) [Entered: 03/27/2023 09:12 AM] |
| Filing 55 ARGUED AND SUBMITTED TO WILLIAM A. FLETCHER, RICHARD A. PAEZ and LAWRENCE VANDYKE. The audio and video recordings of this hearing are available on our website at # http://www.ca9.uscourts.gov/media/ . [12651706] (SB) [Entered: 02/13/2023 11:15 AM] |
| Filing 54 Filed (ECF) Acknowledgment of hearing notice by Attorney David Alan Bricklin for Appellants Kathy Johnson and North Cascades Conservation Council. Hearing in Seattle on 02/13/2023 at 09:00 A.M. (Courtroom: SE 7th Flr Courtroom 2). Filer sharing argument time: No. (Argument minutes: 20) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 01/12/2023. [12629772] [22-35430] (Bricklin, David) [Entered: 01/12/2023 04:05 PM] |
| Filing 53 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Brian Kipnis for Appellees Randy Moore, Phyllis Reed, Gretchen Smith, USFS and Jody Weil. Hearing in Seattle on 02/13/2023 at 09:00 A.M. (Courtroom: 7th Floor Courtroom 2). Filer sharing argument time: Yes. (Argument minutes: 15) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 01/05/2023. [12624213] [22-35430] (Kipnis, Brian) [Entered: 01/05/2023 04:36 PM] |
| Filing 52 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Brian Kipnis for Appellees Randy Moore, Phyllis Reed, Gretchen Smith, USFS and Jody Weil. Hearing in Seattle on 02/13/2023 at 09:00 A.M. (Courtroom: 7th Floor Courtroom 2). Filer sharing argument time: No. (Argument minutes: 20) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 01/05/2023. [12624150] [22-35430] (Kipnis, Brian) [Entered: 01/05/2023 03:58 PM] |
| Filing 51 Filed (ECF) Acknowledgment of hearing notice by Attorney Ms. Sara Ghafouri for Appellees Hampton Lumber Mills-Washington, Inc., Hampton Tree Farms, LLC and Skagit Log and Construction, Inc.. Hearing in Seattle on 02/13/2023 at 09:00 A.M. (Courtroom: 7th Floor, Courtroom 2). Filer sharing argument time: Yes. (Argument minutes: 5) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 01/05/2023. [12623374] [22-35430] (Ghafouri, Sara) [Entered: 01/05/2023 08:46 AM] |
| Filing 50 Received 6 paper copies of Reply Brief [ # 45 ] filed by Kathy Johnson and North Cascades Conservation Council. (sent to panel) [12620034] (SD) [Entered: 12/29/2022 02:10 PM] |
| Filing 49 Received 3 paper copies of supplemental excerpts of record [ # 46 ] in 1 volume(s) filed by Appellants Kathy Johnson and North Cascades Conservation Council. (sent to panel) [12620030] (SD) [Entered: 12/29/2022 02:07 PM] |
| Filing 48 Filed (ECF) Appellants North Cascades Conservation Council and Kathy Johnson reply to response (motion to expedite case). Date of service: 12/23/2022. [12617341] [22-35430]--[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 12/23/2022 by SLM] (Bricklin, David) [Entered: 12/23/2022 01:37 PM] |
| Filing 47 Filed clerk order: The reply brief [ # 45 ] submitted by Kathy Johnson and North Cascades Conservation Council 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: gray. The supplemental excerpts of record [ # 46 ] submitted by Kathy Johnson and North Cascades Conservation Council 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. [12616674] (KT) [Entered: 12/22/2022 02:05 PM] |
| Filing 46 Submitted (ECF) supplemental excerpts of record. Submitted by Appellants Kathy Johnson and North Cascades Conservation Council. Date of service: 12/22/2022. [12616496] [22-35430] (Bricklin, David) [Entered: 12/22/2022 11:58 AM] |
| Filing 45 Submitted (ECF) Reply Brief for review. Submitted by Appellants Kathy Johnson and North Cascades Conservation Council. Date of service: 12/22/2022. [12616494] [22-35430] (Bricklin, David) [Entered: 12/22/2022 11:56 AM] |
| Filing 44 Filed (ECF) Appellees Hampton Lumber Mills-Washington, Inc., Hampton Tree Farms, LLC and Skagit Log and Construction, Inc. response opposing motion ([ # 42 ] Motion (ECF Filing), [ # 42 ] Motion (ECF Filing) motion to expedite case). Date of service: 12/20/2022. [12614875] [22-35430] (Ghafouri, Sara) [Entered: 12/20/2022 12:00 PM] |
| Filing 43 Filed (ECF) Appellees Randy Moore, Phyllis Reed, Gretchen Smith, USFS and Jody Weil response opposing motion ([ # 42 ] Motion (ECF Filing), [ # 42 ] Motion (ECF Filing)). Date of service: 12/16/2022. [12612910] [22-35430] (Kipnis, Brian) [Entered: 12/16/2022 03:49 PM] |
| Filing 42 Filed (ECF) Appellants Kathy Johnson and North Cascades Conservation Council Renewed Motion to expedite case. Date of service: 12/12/2022. [12607683] [22-35430] (Bricklin, David) [Entered: 12/12/2022 09:31 AM] |
| Filing 41 Received 6 paper copies of Answering Brief [ # 31 ] filed by Hampton Lumber Mills-Washington, Inc., et al. [12606494] (SD) [Entered: 12/09/2022 10:21 AM] |
| Filing 40 Received 3 paper copies of supplemental excerpts of record [ # 32 ] in 1 volume(s) filed by Appellees Hampton Lumber Mills-Washington, Inc., et al. [12606488] (SD) [Entered: 12/09/2022 10:20 AM] |
| Filing 39 Received 6 paper copies of Answering Brief [ # 33 ] filed by USFS and Jody Weil. [12605415] (SD) [Entered: 12/08/2022 11:35 AM] |
| Filing 38 Received 3 paper copies of supplemental excerpts of record [ # 34 ] in 4 volume(s) and index volume filed by Appellees USFS and Jody Weil. [12605409] (SD) [Entered: 12/08/2022 11:34 AM] |
| Filing 37 Notice of Oral Argument on Monday, February 13, 2023 - 09:00 A.M. - SE 7th Flr Courtroom 2 - Scheduled Location: Seattle WA. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available # here . At this time, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Monday, February 13, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12604854]. [22-35430] (KS) [Entered: 12/07/2022 04:08 PM] |
| Filing 36 Filed clerk order: The answering brief [ # 33 ] submitted by USFS and Jody Weil 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 [ # 34 ] submitted by USFS and Jody Weil 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. [12601812] (KT) [Entered: 12/05/2022 09:21 AM] |
| Filing 35 Filed clerk order: The answering brief [ # 31 ] submitted by Hampton Lumber Mills-Washington, Inc., et al. 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 [ # 32 ] submitted by Hampton Lumber Mills-Washington, Inc., et al. 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. [12601806] (KT) [Entered: 12/05/2022 09:18 AM] |
| Filing 34 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees USFS and Jody Weil. Date of service: 12/02/2022. [12601458] [22-35430] (Kipnis, Brian) [Entered: 12/02/2022 05:36 PM] |
| Filing 33 Submitted (ECF) Answering Brief for review. Submitted by Appellees USFS and Jody Weil. Date of service: 12/02/2022. [12601455] [22-35430] (Kipnis, Brian) [Entered: 12/02/2022 05:34 PM] |
| Filing 32 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Hampton Lumber Mills-Washington, Inc., Hampton Tree Farms, LLC and Skagit Log and Construction, Inc.. Date of service: 12/02/2022. [12601221] [22-35430] (Ghafouri, Sara) [Entered: 12/02/2022 02:57 PM] |
| Filing 31 Submitted (ECF) Answering Brief for review. Submitted by Appellees Hampton Lumber Mills-Washington, Inc., Hampton Tree Farms, LLC and Skagit Log and Construction, Inc.. Date of service: 12/02/2022. [12601218] [22-35430] (Ghafouri, Sara) [Entered: 12/02/2022 02:55 PM] |
| Filing 30 Filed clerk order (Deputy Clerk: SSR): Appellants motion (Docket Entry No. [ # 26 ]) for expedited hearing is granted. This case will be calendared as soon as possible upon the completion of briefing. The answering briefs remain due December 2, 2022. The optional reply brief is due within 21 days after service of the last-served answering brief. Appellants request (included in Docket Entry No. [ # 26 ]) for the court to issue a ruling in advance of a written opinion is denied without prejudice to a renewed motion once the case has been calendared. [12591001] (AF) [Entered: 11/18/2022 10:44 AM] |
| Filing 29 Filed (ECF) Appellants Kathy Johnson and North Cascades Conservation Council reply to response (). Date of service: 11/17/2022. [12590169] [22-35430] (Bricklin, David) [Entered: 11/17/2022 01:29 PM] |
| Filing 28 Filed (ECF) Appellees Randy Moore, Phyllis Reed, Gretchen Smith, USFS and Jody Weil response opposing motion ([ # 26 ] Motion (ECF Filing), [ # 26 ] Motion (ECF Filing)). Date of service: 11/14/2022. [12586265] [22-35430] (Kipnis, Brian) [Entered: 11/14/2022 12:52 PM] |
| Filing 27 Filed (ECF) Appellees Hampton Lumber Mills-Washington, Inc., Hampton Tree Farms, LLC and Skagit Log and Construction, Inc. response to motion ([ # 26 ] Motion (ECF Filing), [ # 26 ] Motion (ECF Filing) motion to expedite case). Date of service: 11/10/2022. [12584710] [22-35430] (Ghafouri, Sara) [Entered: 11/10/2022 11:31 AM] |
| Filing 26 Filed (ECF) Appellants Kathy Johnson and North Cascades Conservation Council Motion to expedite case. Date of service: 11/04/2022. [12580670] [22-35430] (Bricklin, David) [Entered: 11/04/2022 02:32 PM] |
| Filing 25 Filed clerk order (Deputy Clerk: TAH): The opposed motion (Docket Entry No. [ # 22 ]) filed by appellees Hampton Lumber Mills-Washington, Inc., Hampton Tree Farms, LLC, and Skagit Log and Construction, Inc., for a second extension of time to file the answering brief is granted. The extension applies to all appellees. The answering briefs are due December 2, 2022. Any further request for an extension of time to file this brief is disfavored. The optional reply brief is due within 21 days after service of the last-served answering brief. [12573528] (ABT) [Entered: 10/26/2022 02:24 PM] |
| Filing 24 Filed (ECF) Appellees Hampton Lumber Mills-Washington, Inc., Hampton Tree Farms, LLC and Skagit Log and Construction, Inc. reply to response (motion to extend time to file brief). Date of service: 10/25/2022. [12572460] [22-35430] (Ghafouri, Sara) [Entered: 10/25/2022 12:22 PM] |
| Filing 23 Filed (ECF) Appellants Kathy Johnson and North Cascades Conservation Council response to motion ([ # 22 ] Motion (ECF Filing), [ # 22 ] Motion (ECF Filing)). Date of service: 10/25/2022. [12572204] [22-35430] (Bricklin, David) [Entered: 10/25/2022 09:50 AM] |
| Filing 22 Filed (ECF) Appellees Hampton Lumber Mills-Washington, Inc., Hampton Tree Farms, LLC and Skagit Log and Construction, Inc. Motion to extend time to file Answering brief until 12/02/2022. Date of service: 10/17/2022. [12565046] [22-35430] (Ghafouri, Sara) [Entered: 10/17/2022 01:14 PM] |
| Filing 21 Received 3 paper copies of excerpts of record [ # 16 ] in 1 volume(s) filed by Kathy Johnson and North Cascades Conservation Council. [12536938] (NAR) [Entered: 09/09/2022 11:57 AM] |
| Filing 20 Received 6 paper copies of Opening Brief [ # 15 ] filed by Kathy Johnson and North Cascades Conservation Council. [12536935] (NAR) [Entered: 09/09/2022 11:56 AM] |
| Filing 19 Filed clerk order: The opening brief [ # 15 ] submitted by Kathy Johnson and North Cascades Conservation Council 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 [ # 16 ] submitted by Kathy Johnson and North Cascades Conservation Council 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. [12532868] (LA) [Entered: 09/02/2022 03:26 PM] |
| Filing 18 Streamlined request [17] by Appellees Hampton Lumber Mills-Washington, Inc., Hampton Tree Farms, LLC and Skagit Log and Construction, Inc. to extend time to file the brief is approved FOR ALL APPELLEES. Amended briefing schedule: Appellees Hampton Lumber Mills-Washington, Inc., Hampton Tree Farms, LLC, Skagit Log and Construction, Inc., Phyllis Reed, Gretchen Smith, United States Forest Service, Jody Weil and Randy Moore answering brief due 10/31/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12532760] (BG) [Entered: 09/02/2022 02:18 PM] |
| Filing 17 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Hampton Lumber Mills-Washington, Inc., Hampton Tree Farms, LLC and Skagit Log and Construction, Inc.. New requested due date is 10/31/2022. [12531790] [22-35430] (Ghafouri, Sara) [Entered: 09/01/2022 01:27 PM] |
| Filing 16 Submitted (ECF) excerpts of record. Submitted by Appellants Kathy Johnson and North Cascades Conservation Council. Date of service: 08/31/2022. [12531227] [22-35430] (Bricklin, David) [Entered: 08/31/2022 05:10 PM] |
| Filing 15 Submitted (ECF) Opening Brief for review. Submitted by Appellants North Cascades Conservation Council and Kathy Johnson. Date of service: 08/30/2022. [12531224] [22-35430] (Bricklin, David) [Entered: 08/31/2022 05:07 PM] |
| Filing 14 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12512882] (VS) [Entered: 08/09/2022 10:00 AM] |
| Filing 13 Streamlined request [12] by Appellants Kathy Johnson and North Cascades Conservation Council to extend time to file the brief is approved. Amended briefing schedule: Appellants Kathy Johnson and North Cascades Conservation Council opening brief due 08/31/2022. Appellees Hampton Lumber Mills-Washington, Inc., Hampton Tree Farms, LLC, Skagit Log and Construction, Inc., Phyllis Reed, Gretchen Smith, United States Forest Service, Jody Weil and Randy Moore answering brief due 09/30/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12504650] (BG) [Entered: 07/28/2022 04:35 PM] |
| Filing 12 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Kathy Johnson and North Cascades Conservation Council. New requested due date is 08/31/2022. [12504341] [22-35430] (Bricklin, David) [Entered: 07/28/2022 01:59 PM] |
| Filing 11 Terminated Appellees Peter Forbes, Jamie Kingsbury and Erin Uloth in 22-35430 [12487149] (WL) [Entered: 07/06/2022 10:12 AM] |
| Filing 10 Appellee Vicki Christiansen in 22-35430 substituted by Appellee Randy Moore in 22-35430 [12487147] (WL) [Entered: 07/06/2022 10:11 AM] |
| Filing 9 Filed clerk order (Deputy Clerk: TAH): The federal appellees motion (Docket Entry No. [ # 8 ]) for substitution of parties pursuant to Federal Rule of Appellate Procedure 43(c)(2) is granted. The Clerk will amend court records to make the following changes: Vicki Christiansen, former head of the United States Forest Service, will be replaced by Randy Moore. Peter Forbes, former District Ranger, Darrington Ranger District, and Erin Uloth, former Acting District Ranger, Darrington Ranger District, will be replaced by Gretchen Smith. Jamie Kingsbury, former Forest Supervisor, Mount Baker-Snoqualmie National Forest, will be replaced by Jody Weil. [12487111] (WL) [Entered: 07/06/2022 09:53 AM] |
| Filing 8 Filed (ECF) Appellees Vicki Christiansen, Peter Forbes, Jamie Kingsbury, Phyllis Reed, Gretchen Smith, Erin Uloth, USFS and Jody Weil Motion to substitute party. Date of service: 07/05/2022. [12486205] [22-35430] (Kipnis, Brian) [Entered: 07/05/2022 11:37 AM] |
| Filing 7 MEDIATION CONFERENCE SCHEDULED - DIAL-IN AssessmentConference, 07/08/2022, 09:00 a.m., PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12475654] (VS) [Entered: 06/21/2022 12:28 PM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 06/09/2022. 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.[12467538]. [22-35430] (AD) [Entered: 06/09/2022 12:44 PM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 06/09/2022. 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.[12467537]. [22-35430] (AD) [Entered: 06/09/2022 12:44 PM] |
| Filing 4 Filed (ECF) Appellants North Cascades Conservation Council and Kathy Johnson Mediation Questionnaire. Date of service: 06/09/2022. [12467247] [22-35430] (Bricklin, David) [Entered: 06/09/2022 10:13 AM] |
| Filing 3 Filed (ECF) Appellees Hampton Lumber Mills-Washington, Inc., Hampton Tree Farms, LLC and Skagit Log and Construction, Inc. Mediation Questionnaire. Date of service: 06/09/2022. [12467084] [22-35430] (Ghafouri, Sara) [Entered: 06/09/2022 08:09 AM] |
| Filing 2 Added Attorney(s) David O. Bechtold, Sara Ghafouri for party(s) - Hampton Lumber Mills-Washington, Inc. - Hampton Tree Farms, LLC - Skagit Log and Construction, Inc., in case 22-35430. [12463352] (BY) [Entered: 06/03/2022 03:38 PM] |
| Filing 1 ENTRY UPDATED (RESENT CASE PACKET TO ADDED COUNSEL). ORIGINAL TEXT: DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Kathy Johnson and North Cascades Conservation Council Mediation Questionnaire due on 06/09/2022. Appellants Kathy Johnson and North Cascades Conservation Council opening brief due 08/01/2022. Appellees United States Forest Service, et al. answering brief due 08/29/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12461707] (BY) [Entered: 06/02/2022 08:49 AM] |
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