Grand River Enterprises Six Nations, LTD. v. Austin Knudsen
| GRAND RIVER ENTERPRISES SIX NATIONS, LTD. |
| AUSTIN KNUDSEN, in his official capacity, Attorney General of the State of Montana |
| 23-35494 |
| July 21, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 14 Filed order (BRIDGET S. BADE and LAWRENCE VANDYKE): After the notice of appeal was filed, a appellant on August 4, 2023 filed in the district court a motion for reconsideration of the July 17, 2023 order challenged in this appeal. The motion for reconsideration constitutes a request for relief pursuant to Federal Rule of Civil Procedure 59(e). See United States ex rel. Hoggett v. Univ. of Phoenix, 863 F.3d 1105, 1108 (9th Cir. 2017). The notice of appeal is therefore ineffective until the district court decides the pending motion. See Fed. R. App. P. 4(a)(4); Leader Na Na'l Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994) 1994). This appeal and the pending motion for injunctive relief are held in abeyance pending the district courts ruling on the August 4, 2023 motion for reconsideration. To challenge the district courts ruling on the motion, appellant must file an amended notice of appeal within the time set by Federal Rule of Appellate Procedure 4. The Clerk will serve this order on the district court. [12788346] (AF) [Entered: 09/07/2023 02:26 PM] |
| Filing 13 Filed (ECF) Appellant Grand River Enterprises Six Nations, LTD. Motion for injunction pending appeal. Date of service: 09/05/2023. [12786822] [23-35494] (Unikowsky, Adam) [Entered: 09/05/2023 04:10 PM] |
| Filing 12 Received 6 paper copies of Opening Brief [ # 8 ] filed by Grand River Enterprises Six Nations, LTD.. [12778708] (SD) [Entered: 08/22/2023 12:09 PM] |
| Filing 11 Received 3 paper copies of excerpts of record [ # 9 ] in 1 volume filed by Grand River Enterprises Six Nations, LTD.. [12778704] (SD) [Entered: 08/22/2023 12:06 PM] |
| Filing 10 Filed clerk order: The opening brief [ # 8 ] submitted by Grand River Enterprises Six Nations, LTD. 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 [ # 9 ] submitted by Grand River Enterprises Six Nations, LTD. 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. [12776645] (KWG) [Entered: 08/18/2023 09:26 AM] |
| Filing 9 Submitted (ECF) excerpts of record. Submitted by Appellant Grand River Enterprises Six Nations, LTD.. Date of service: 08/17/2023. [12776484] [23-35494] (Unikowsky, Adam) [Entered: 08/17/2023 05:00 PM] |
| Filing 8 Submitted (ECF) Opening Brief for review. Submitted by Appellant Grand River Enterprises Six Nations, LTD.. Date of service: 08/17/2023. [12776463] [23-35494] (Unikowsky, Adam) [Entered: 08/17/2023 04:39 PM] |
| Filing 7 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. [12770791] (BLS) [Entered: 08/08/2023 04:57 PM] |
| Filing 6 MEDIATION ORDER FILED: By 07/31/2023, 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. [12762998] (BLS) [Entered: 07/26/2023 04:39 PM] |
| Filing 5 Filed (ECF) Appellee Austin Knudsen Mediation Questionnaire. Date of service: 07/24/2023. [12760533] [23-35494] (Zackheim, Alan) [Entered: 07/24/2023 02:28 PM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 07/24/2023. 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.[12760385]. [23-35494] (AD) [Entered: 07/24/2023 12:44 PM] |
| Filing 3 Filed (ECF) Appellant Grand River Enterprises Six Nations, LTD. Mediation Questionnaire. Date of service: 07/24/2023. [12760003] [23-35494] (Lukes, Robert) [Entered: 07/24/2023 09:09 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: MCD): Ninth Circuit Rule 3-3 will apply to this appeal. 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 opening brief and excerpts of record are due no later than August 17, 2023. The answering brief is due September 14, 2023. The optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). In addition to all other issues the parties wish to raise in their briefs, the parties must address the basis for this courts jurisdiction over this appeal. See Religious Tech. Ctr., Church of Scientology Intl, Inc. v. Scott, 869 F.2d 1306, 1308 (9th Cir. 1989) (Ordinarily, an appeal does not lie from the denial of an application for a temporary restraining order.); see also Bennett v. Medtronic, Inc., 285 F.3d 801, 804 (9th Cir. 2002) (Ordinarily, temporary restraining orders, in contrast to preliminary injunctions, are not appealable.) 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 will result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [12759681] (AF) [Entered: 07/21/2023 02:37 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. [12759420] (RT) [Entered: 07/21/2023 10:53 AM] |
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| Plaintiff / appellant: GRAND RIVER ENTERPRISES SIX NATIONS, LTD. | |
| Represented By: | Randolph Henry Barnhouse |
| Represented By: | Robert C. Lukes Ph. D. |
| Represented By: | Leonard R. Powell |
| Represented By: | Adam G. Unikowsky |
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| Defendant / appellee: AUSTIN KNUDSEN, in his official capacity, Attorney General of the State of Montana | |
| Represented By: | Alan Zackheim |
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