Neighbors Against Bison Slaughter, et al v. National Park Service, et al
| NEIGHBORS AGAINST BISON SLAUGHTER and BONNIE LYNN |
| NATIONAL PARK SERVICE, UNITED STATES FOREST SERVICE, DEB HAALAND, in her official capacity as Secretary of the Interior, CAM SHOLLY, Superintendent of Yellowstone National Park, in his official capacity and TOM VILSACK, in his official capacity as Secretary of Agriculture |
| 22-35955 |
| November 18, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Environmental Matters |
Opinions
We have the following opinions for this case:
| Description |
|---|
| NEIGHBORS AGAINST BISON SLAUGHTER, ET AL V. NATIONAL PARK SERVICE, ET AL |
Docket Report
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This docket was last retrieved on November 15, 2023. A more recent docket listing may be available from PACER.
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| Filing 45 ARGUED AND SUBMITTED TO SIDNEY R. THOMAS, SALVADOR MENDOZA, JR. and SOLOMON OLIVER, JR.. The audio and video recordings of this hearing are available on our website at # http://www.ca9.uscourts.gov/media/ . [12824424] (BJK) [Entered: 11/15/2023 11:20 AM] |
| Filing 44 Filed (ECF) Acknowledgment of hearing notice by Attorney Thekla Hansen-Young for Appellees Deb Haaland, National Park Service, Cam Sholly, USFS and Tom Vilsack. Hearing in San Francisco on 11/15/2023 at 9:00am (Courtroom: Courtroom 1). Filer sharing argument time: No. 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: 10/26/2023. [12815505] [22-35955] (Hansen-Young, Thekla) [Entered: 10/26/2023 07:34 AM] |
| Filing 43 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Jared Pettinato for Appellants Bonnie Lynn and Neighbors Against Bison Slaughter. Hearing in San Francisco (N/A) on 11/15/2023 at 9:00 a.m. (Courtroom: Courtroom 1). Filer sharing argument time: No. 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: 10/25/2023. [12815331] [22-35955] (Pettinato, Jared) [Entered: 10/25/2023 03:27 PM] |
| Filing 42 Filed (ECF) Appellees Deb Haaland, National Park Service, Cam Sholly, USFS and Tom Vilsack citation of supplemental authorities. Date of service: 10/11/2023. [12807876] [22-35955] (Hansen-Young, Thekla) [Entered: 10/11/2023 10:15 AM] |
| Filing 41 Filed (ECF) Appellants Bonnie Lynn and Neighbors Against Bison Slaughter citation of supplemental authorities. Date of service: 10/02/2023. [12802449] [22-35955] (Pettinato, Jared) [Entered: 10/02/2023 01:03 PM] |
| Filing 40 Filed (ECF) Appellants Neighbors Against Bison Slaughter and Bonnie Lynn citation of supplemental authorities. Date of service: 09/03/2023. [12785958] [22-35955] (Pettinato, Jared) [Entered: 09/03/2023 08:20 AM] |
| Filing 39 Notice of Oral Argument on Wednesday, November 15, 2023 - 09:00 A.M. - Courtroom 1 - Scheduled Location: San Francisco CA. 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 Wednesday, November 15, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12785913]. [22-35955] (KS) [Entered: 09/03/2023 06:20 AM] |
| Filing 38 This case is being considered for an upcoming oral argument calendar in San Francisco. Please consult with opposing counsel and review the San Francisco sitting dates for November 2023 and the subsequent month in that location at # http://www.ca9.uscourts.gov/court_sessions . Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation). You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. [12753672] (CSR) [Entered: 07/12/2023 11:25 AM] |
| Filing 37 Received 6 paper copies of Reply Brief [ # 35 ] filed by Bonnie Lynn and Neighbors Against Bison Slaughter. [12746829] (SD) [Entered: 06/30/2023 01:59 PM] |
| Filing 36 Filed clerk order: The reply brief [ # 35 ] submitted by Bonnie Lynn and Neighbors Against Bison Slaughter 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 paper copies shall be submitted to the principal office of the Clerk. [12741878] (SML) [Entered: 06/23/2023 10:10 AM] |
| Filing 35 Submitted (ECF) Reply Brief for review. Submitted by Appellants Neighbors Against Bison Slaughter and Bonnie Lynn. Date of service: 06/22/2023. [12740963] [22-35955] (Pettinato, Jared) [Entered: 06/22/2023 10:33 AM] |
| Filing 34 Filed (ECF) Attorney Mr. Jared Pettinato for Appellants Bonnie Lynn and Neighbors Against Bison Slaughter response to notice for case being considered for oral argument. Date of service: 06/16/2023. [12737535] [22-35955] (Pettinato, Jared) [Entered: 06/16/2023 08:57 AM] |
| Filing 33 Filed (ECF) Attorney Thekla Hansen-Young for Appellees Deb Haaland, National Park Service, Cam Sholly, USFS and Tom Vilsack response to notice for case being considered for oral argument. Date of service: 06/16/2023. [12737429] [22-35955] (Hansen-Young, Thekla) [Entered: 06/16/2023 06:33 AM] |
| Filing 32 This case is being considered for an upcoming oral argument calendar in Seattle Please review the Seattle sitting dates for October 2023 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation).[12737294]. [22-35955] (KS) [Entered: 06/15/2023 04:21 PM] |
| Filing 31 Filed (ECF) Attorney Thekla Hansen-Young for Appellees Deb Haaland, National Park Service, Cam Sholly, USFS and Tom Vilsack response to notice for case being considered for oral argument. Date of service: 06/02/2023. [12727160] [22-35955] (Hansen-Young, Thekla) [Entered: 06/02/2023 06:58 AM] |
| Filing 30 Filed (ECF) Attorney Mr. Jared Pettinato for Appellants Bonnie Lynn and Neighbors Against Bison Slaughter response to notice for case being considered for oral argument. Date of service: 06/01/2023. [12727087] [22-35955] (Pettinato, Jared) [Entered: 06/01/2023 05:04 PM] |
| Filing 29 This case is being considered for an upcoming oral argument calendar in Seattle Please review the Seattle sitting dates for September 2023 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation).[12725629]. [22-35955] (KS) [Entered: 05/31/2023 12:31 PM] |
| Filing 28 Streamlined request [27] by Appellants Bonnie Lynn and Neighbors Against Bison Slaughter to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 06/23/2023. [12714647] (DR) [Entered: 05/12/2023 10:25 AM] |
| Filing 27 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants Bonnie Lynn and Neighbors Against Bison Slaughter. New requested due date is 06/23/2023. [12714433] [22-35955] (Pettinato, Jared) [Entered: 05/12/2023 06:16 AM] |
| Filing 26 Received 6 paper copies of Answering Brief [ # 22 ] filed by Appellees. [12714075] (SD) [Entered: 05/11/2023 01:57 PM] |
| Filing 25 Received 3 paper copies of supplemental excerpts of record [ # 23 ] in 2 volume(s) and index volume filed by Appellees. [12714064] (SD) [Entered: 05/11/2023 01:51 PM] |
| Filing 24 Filed clerk order: The answering brief [ # 22 ] submitted by appellees 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 [ # 23 ] submitted by appellees 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. [12711464] (SML) [Entered: 05/08/2023 05:08 PM] |
| Filing 23 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Deb Haaland, National Park Service, Cam Sholly, USFS and Tom Vilsack. Date of service: 05/03/2023. [12707981] [22-35955] (Hansen-Young, Thekla) [Entered: 05/03/2023 11:46 AM] |
| Filing 22 Submitted (ECF) Answering Brief for review. Submitted by Appellees Deb Haaland, National Park Service, Cam Sholly, Tom Vilsack and USFS. Date of service: 05/03/2023. [12707973] [22-35955] (Hansen-Young, Thekla) [Entered: 05/03/2023 11:44 AM] |
| Filing 21 Filed clerk order (Deputy Clerk: th): Granting Unopposed Motion [ # 20 ] (ECF Filing) filed by Appellees to extend time to file ans. brief. Appellees Deb Haaland, National Park Service, Cam Sholly, United States Forest Service and Tom Vilsack answering brief due 05/03/2023. The optional reply brief is due 21 days after service of the answering brief. [12693274] (TH) [Entered: 04/11/2023 11:15 AM] |
| Filing 20 Filed (ECF) Appellees Deb Haaland, Cam Sholly, USFS and Tom Vilsack Unopposed Motion to extend time to file Answering brief until 05/03/2023. Date of service: 04/11/2023. [12692943] [22-35955] (Hansen-Young, Thekla) [Entered: 04/11/2023 08:44 AM] |
| Filing 19 Filed clerk order (Deputy Clerk: th): Granting Unopposed Motion [ # 18 ] (ECF Filing) filed by Appellees to extend time to file ans. brief. Appellees Deb Haaland, National Park Service, Cam Sholly, United States Forest Service and Tom Vilsack answering brief due 04/19/2023. The optional reply brief is due 21 days after service of the answering brief. [12667683] (TH) [Entered: 03/06/2023 11:09 AM] |
| Filing 18 Filed (ECF) Appellees Deb Haaland, National Park Service, Cam Sholly, USFS and Tom Vilsack Unopposed Motion to extend time to file Answering brief until 04/19/2023. Date of service: 03/06/2023. [12667519] [22-35955] (Hansen-Young, Thekla) [Entered: 03/06/2023 09:29 AM] |
| Filing 17 Received 3 paper copies of excerpts of record [ # 12 ] in 9 volume(s) and index volume filed by Bonnie Lynn and Neighbors Against Bison Slaughter. [12642967] (CPA) [Entered: 01/31/2023 10:44 AM] |
| Filing 16 Streamlined request [14] by Appellees Deb Haaland, National Park Service, Cam Sholly, USFS and Tom Vilsack to extend time to file the brief is approved. Amended briefing schedule: Appellees Deb Haaland, National Park Service, Cam Sholly, United States Forest Service and Tom Vilsack answering brief due 03/20/2023. The optional reply brief is due 21 days from the date of service of the answering brief. [12639916] (JN) [Entered: 01/26/2023 02:51 PM] |
| Filing 14 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Deb Haaland, National Park Service, Cam Sholly, USFS and Tom Vilsack. New requested due date is 03/20/2023. [12639018] [22-35955] (Hansen-Young, Thekla) [Entered: 01/26/2023 07:34 AM] |
| Filing 15 Received 6 paper copies of Opening Brief [ # 9 ] filed by Bonnie Lynn and Neighbors Against Bison Slaughter. [12639484] (CPA) [Entered: 01/26/2023 12:05 PM] |
| Filing 13 Filed clerk order: The opening brief [ # 9 ] submitted by Bonnie Lynn and Neighbors Against Bison Slaughter 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 [ # 12 ] submitted by Bonnie Lynn and Neighbors Against Bison Slaughter 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. [12632800] (SML) [Entered: 01/18/2023 12:10 PM] |
| Filing 12 Submitted (ECF) excerpts of record. Submitted by Appellants Bonnie Lynn and Neighbors Against Bison Slaughter. Date of service: 01/18/2023. [12632279] [22-35955] (Pettinato, Jared) [Entered: 01/18/2023 03:28 AM] |
| Filing 11 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 9 ]. Original Text: Filed (ECF) Errata to Opening Brief ([10] Brief Submitted for Review (ECF Filing)). Filed by Appellants Bonnie Lynn and Neighbors Against Bison Slaughter. Date of service: 01/17/2023. [12632264] [22-35955] (Pettinato, Jared) [Entered: 01/17/2023 11:33 PM] |
| Filing 10 COURT DELETED INCORRECT/DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 9 ]. Original Text: Submitted (ECF) Opening Brief for review. Submitted by Appellants Neighbors Against Bison Slaughter and Bonnie Lynn. Date of service: 01/17/2023. [12632260] [22-35955] (Pettinato, Jared) [Entered: 01/17/2023 11:16 PM] |
| Filing 9 Submitted (ECF) Opening Brief for review. Submitted by Appellants Neighbors Against Bison Slaughter and Bonnie Lynn. Date of service: 01/15/2023. [12630910] [22-35955]--[COURT UPDATE: Attached corrected brief, removed incorrectly attached excerpts. Please see [ # 12 ]. 01/18/2023 by SML] (Pettinato, Jared) [Entered: 01/15/2023 08:17 PM] |
| Filing 8 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. [12614080] (CL) [Entered: 12/19/2022 02:30 PM] |
| Filing 7 MEDIATION CONFERENCE RESCHEDULED - DIAL-IN Assessment Conference, 12/19/2022, 11:00 a.m. Pacific Time. (originally scheduled on 12/21/2022). [12601798] (CL) [Entered: 12/05/2022 09:13 AM] |
| Filing 6 Added Attorney(s) Thekla Hansen-Young for party(s) Appellee Deb Haaland Appellee Tom Vilsack Appellee USFS Appellee Cam Sholly Appellee National Park Service, in case 22-35955. [12601700] (NAC) [Entered: 12/05/2022 07:35 AM] |
| Filing 5 Filed (ECF) notice of appearance of Thekla Hansen-Young (US Dept of Justice, ENRD Appellate, PO Box 7415, Washington DC 20044) for Appellees Deb Haaland, National Park Service, Cam Sholly, USFS and Tom Vilsack. Date of service: 12/05/2022. (Party was previously proceeding with counsel.) [12601676] [22-35955] (Hansen-Young, Thekla) [Entered: 12/05/2022 07:01 AM] |
| Filing 4 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 12/21/2022, 11:00 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12600155] (CL) [Entered: 12/01/2022 12:44 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 11/24/2022. 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.[12595523]. [22-35955] (AD) [Entered: 11/24/2022 12:44 PM] |
| Filing 2 Filed (ECF) Appellants Neighbors Against Bison Slaughter and Bonnie Lynn Mediation Questionnaire. Date of service: 11/24/2022. [12595521] [22-35955] (Pettinato, Jared) [Entered: 11/24/2022 10:31 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Bonnie Lynn and Neighbors Against Bison Slaughter Mediation Questionnaire due on 11/25/2022. Appellants Bonnie Lynn and Neighbors Against Bison Slaughter opening brief due 01/17/2023. Appellees Deb Haaland, National Park Service, Cam Sholly, United States Forest Service and Tom Vilsack answering brief due 02/17/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12591321] (RT) [Entered: 11/18/2022 01:04 PM] |
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