Patagonia Area Resource Alliance, et al v. USFS, et al
| PATAGONIA AREA RESOURCE ALLIANCE, ARIZONA MINING REFORM COALITION, CENTER FOR BIOLOGICAL DIVERSITY, EARTHWORKS, FRIENDS OF SANTA CRUZ RIVER, FRIENDS OF SONOITA CREEK, SAVE THE SCENIC SANTA RITAS and TUCSON AUDUBON SOCIETY |
| UNITED STATES FOREST SERVICE and KERWIN S. DEWBERRY, Forest Supervisor, Coronado National Forest |
| ARIZONA STANDARD LLC and SOUTH32 HERMOSA, INC., AKA Arizona Minerals, Inc. |
| 23-16167 |
| September 11, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Environmental Matters |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 9, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 26 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for March 2024 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 consult with opposing counsel to propose an alternate date and/or location and 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.[12822087]. [23-16167] (KS) [Entered: 11/09/2023 10:01 AM] |
| Filing 25 Submitted (ECF) Answering Brief for review. Submitted by Appellee Arizona Standard LLC. Date of service: 11/02/2023. [12819317] [23-16167] (Covault, Jason) [Entered: 11/02/2023 10:27 PM] |
| Filing 24 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee South32 Hermosa, Inc.. Date of service: 11/02/2023. [12819266] [23-16167] (Granier, Laura) [Entered: 11/02/2023 04:28 PM] |
| Filing 23 Submitted (ECF) Answering Brief for review. Submitted by Appellee South32 Hermosa, Inc.. Date of service: 11/02/2023. [12819264] [23-16167] (Granier, Laura) [Entered: 11/02/2023 04:27 PM] |
| Filing 22 Submitted (ECF) Answering Brief for review. Submitted by Appellees USFS and Kerwin S. Dewberry. Date of service: 11/02/2023. [12819138] [23-16167] (Ecker, Jacob) [Entered: 11/02/2023 01:31 PM] |
| Filing 21 Filed (ECF) UNDER SEAL Appellants Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Friends of Santa Cruz River, Friends of Sonoita Creek, Patagonia Area Resource Alliance, Save the Scenic Santa Ritas and Tucson Audubon Society motion to file document under seal and submit sealed document. Type of document: excerpts of record. Date of service: 10/05/2023. [12805748] [23-16167]--[COURT UPDATE: Attached corrected documents. 10/16/2023 by SML] (Stern, Scott) [Entered: 10/05/2023 05:27 PM] |
| Filing 20 Submitted (ECF) excerpts of record. Submitted by Appellants Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Friends of Santa Cruz River, Friends of Sonoita Creek, Patagonia Area Resource Alliance, Save the Scenic Santa Ritas and Tucson Audubon Society. Date of service: 10/05/2023. [12805741] [23-16167]--[COURT UPDATE: Attached corrected excerpts. 10/16/2023 by SML] (Stern, Scott) [Entered: 10/05/2023 04:59 PM] |
| Filing 19 Submitted (ECF) Opening Brief for review. Submitted by Appellants Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Friends of Santa Cruz River, Friends of Sonoita Creek, Patagonia Area Resource Alliance, Save the Scenic Santa Ritas and Tucson Audubon Society. Date of service: 10/05/2023. [12805730] [23-16167]--[COURT UPDATE: Attached corrected brief. 10/16/2023 by SML] (Stern, Scott) [Entered: 10/05/2023 04:46 PM] |
| Filing 18 Added Attorney(s) Danika Marzillier for party(s) Appellee Arizona Standard LLC, in case 23-16167. [12804592] (BY) [Entered: 10/04/2023 02:46 PM] |
| Filing 17 Filed order (KENNETH K. LEE and LAWRENCE VANDYKE) The motion for leave to file a reply in excess of the word limit (Docket Entry No. [ # 15 ]) is granted. The motion for injunctive relief (Docket Entry No. [ # 7 ]) is denied. See Feldman v. Ariz. Secy of State, 843 F.3d 366, 367 (9th Cir. 2016) (The standard for evaluating an injunction pending appeal is similar to that employed by district courts in deciding whether to grant a preliminary injunction.); see also Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008) (defining standard for preliminary injunction in district court). The existing briefing schedule remains in effect. [12797214] (JBS) [Entered: 09/22/2023 11:43 AM] |
| Filing 16 Filed (ECF) Appellants Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Friends of Santa Cruz River, Friends of Sonoita Creek, Patagonia Area Resource Alliance, Save the Scenic Santa Ritas and Tucson Audubon Society reply to response (). Date of service: 09/20/2023. [12796203] [23-16167] (Stern, Scott) [Entered: 09/20/2023 06:28 PM] |
| Filing 15 Filed (ECF) Appellants Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Friends of Santa Cruz River, Friends of Sonoita Creek, Patagonia Area Resource Alliance, Save the Scenic Santa Ritas and Tucson Audubon Society Unopposed Motion to file oversized brief. Date of service: 09/20/2023. [12796200] [23-16167] (Stern, Scott) [Entered: 09/20/2023 06:05 PM] |
| Filing 14 Filed (ECF) Appellee Arizona Standard LLC response opposing motion ([ # 7 ] Motion (ECF Filing), [ # 7 ] Motion (ECF Filing)). Date of service: 09/18/2023. [12794541] [23-16167] (Covault, Jason) [Entered: 09/18/2023 09:32 PM] |
| Filing 13 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 12 ]. Original Text: Submitted (ECF) supplemental excerpts of record. Submitted by Appellee South32 Hermosa, Inc.. Date of service: 09/18/2023. [12794495] [23-16167] (Granier, Laura) [Entered: 09/18/2023 05:21 PM] |
| Filing 12 Filed (ECF) Appellee South32 Hermosa, Inc. response to motion ([ # 7 ] Motion (ECF Filing), [ # 7 ] Motion (ECF Filing)). Date of service: 09/18/2023. [12794489] [23-16167] --[COURT UPDATE: Attached exhbits. 09/19/2023 by TYL] (Granier, Laura) [Entered: 09/18/2023 05:18 PM] |
| Filing 11 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12794033] (VS) [Entered: 09/18/2023 12:52 PM] |
| Filing 10 Filed (ECF) Appellees Kerwin S. Dewberry and USFS response opposing motion ([ # 7 ] Motion (ECF Filing), [ # 7 ] Motion (ECF Filing)). Date of service: 09/18/2023. [12794015] [23-16167] (Ecker, Jacob) [Entered: 09/18/2023 12:40 PM] |
| Filing 9 Filed clerk order (Deputy Clerk: MCD): The court has received appellants emergency motion for an injunction pending appeal. The response to the motion is due September 18, 2023. Any reply in support of the motion is due September 20, 2023. The existing briefing schedule remains in effect. [12792966] (JBS) [Entered: 09/15/2023 09:52 AM] |
| Filing 8 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 7 ]. Original Text: Submitted (ECF) excerpts of record. Submitted by Appellants Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Friends of Santa Cruz River, Friends of Sonoita Creek, Patagonia Area Resource Alliance, Save the Scenic Santa Ritas and Tucson Audubon Society. Date of service: 09/14/2023. [12792775] [23-16167] (Stern, Scott) [Entered: 09/14/2023 05:00 PM] |
| Filing 7 Filed (ECF) Appellants Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Friends of Santa Cruz River, Friends of Sonoita Creek, Patagonia Area Resource Alliance, Save the Scenic Santa Ritas and Tucson Audubon Society EMERGENCY Motion for injunction pending appeal. Date of service: 09/14/2023. [12792732] [23-16167] --[COURT UPDATE: Attached exhibits. 09/19/2023 by TYL] (Stern, Scott) [Entered: 09/14/2023 04:32 PM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 09/14/2023. 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.[12792371]. [23-16167] (AD) [Entered: 09/14/2023 12:44 PM] |
| Filing 5 Added Attorney(s) Jacob David Ecker for party(s) Appellee Kerwin S. Dewberry Appellee USFS. [12792242] (RL) [Entered: 09/14/2023 11:36 AM] |
| Filing 4 Filed (ECF) notice of appearance of Jacob David Ecker (U.S. Department of Justice Post Office Box 7415 Washington, D.C. 20044) for Appellees Kerwin S. Dewberry and USFS. Date of service: 09/14/2023. (Party was previously proceeding with counsel.) [12792070] [23-16167] (Ecker, Jacob) [Entered: 09/14/2023 08:12 AM] |
| Filing 3 Filed (ECF) Appellants Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Friends of Santa Cruz River, Friends of Sonoita Creek, Patagonia Area Resource Alliance, Save the Scenic Santa Ritas and Tucson Audubon Society Mediation Questionnaire. Date of service: 09/14/2023. [12792057] [23-16167] (Stern, Scott) [Entered: 09/14/2023 07:39 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: MCD): The appeal filed September 7, 2023 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 5, 2023; the answering briefs are due November 2, 2023, 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 last served 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. [12790222] (RT) [Entered: 09/11/2023 04:37 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. [12789704] (RT) [Entered: 09/11/2023 11:44 AM] |
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.
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.
