Augustine Band of Cahuilla Indians v. State of California, et al.
| AUGUSTINE BAND OF CAHUILLA INDIANS, a federally recognized Indian Tribe |
| STATE OF CALIFORNIA and GAVIN NEWSOM, in his official capacity as Governor of California |
| 24-5119 |
| August 21, 2024 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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Filing 10
ORDER FILED. 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 Romoland Sch. Dist. v. Inland Empire Energy Ctr., LLC, 548 F.3d 738, 747 (9th Cir. 2008) (a district court order is not appealable under 28 U.S.C. 1291 unless it disposes of all claims as to all parties (citing Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981))); see also 28 U.S.C. 1291; Am. States Ins. Co. v. Dastar Corp., 318 F.3d 881, 884 (9th Cir. 2003) (An order granting partial summary judgment is usually not an appealable final order under 28 U.S.C. 1291 because it does not dispose of all of the claims.). The existing briefing schedule remains in effect. [24-5380, 24-5119] [Entered: 09/09/2024 04:20 PM]
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| Filing 9 RELEASED FROM MEDIATION (text only). These cases are released from the Mediation Program. [24-5119, 24-5380] [Entered: 09/05/2024 09:19 AM] |
| Filing 8 MEDIATION QUESTIONNAIRE filed by Appellant Augustine Band of Cahuilla Indians. To submit pertinent confidential information directly to the Circuit Mediators, please email #ca09_mediation@ca9.uscourts.gov and include the case name and number in the subject line. 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. [24-5380, 24-5119] [Entered: 09/04/2024 12:53 PM] |
| Filing 7 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 9/9/2024, Cross Appeal First Brief Due 11/12/2024, Cross Appeal Second Brief Due 12/12/2024, Cross Appeal Third Brief Due 1/13/2025. For appeal no. 24-5119, 5:23-cv-00620-SSS-DTB. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1 [24-5380, 24-5119] [Entered: 09/04/2024 10:52 AM] |
| Filing 6 MEDIATION QUESTIONNAIRE filed by Appellee Augustine Band of Cahuilla Indians. To submit pertinent confidential information directly to the Circuit Mediators, please email #ca09_mediation@ca9.uscourts.gov and include the case name and number in the subject line. 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. [Entered: 08/28/2024 04:59 PM] |
| Filing 5 MEDIATION QUESTIONNAIRE filed by Appellant State of California, Appellant Gavin Newsom. To submit pertinent confidential information directly to the Circuit Mediators, please email #ca09_mediation@ca9.uscourts.gov and include the case name and number in the subject line. 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. [COURT UPDATE: Attached PDF of mediation questionnaire.] [Entered: 08/26/2024 11:53 AM] [Edited: 08/26/2024 02:15 PM] |
| Filing 4 ADDED Counsel for Appellant Jane Crue for Appellant State of California, Appellant Gavin Newsom. [Entered: 08/21/2024 01:34 PM] |
| Filing 3 NOTICE OF APPEARANCE by Jane Crue for Appellant Gavin Newsom, Appellant State of California. [Entered: 08/21/2024 01:29 PM] |
| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 8/26/2024, Appeal Transcript Order Due (Appellant) 9/3/2024, Appeal Transcript Due (Appellant) 10/3/2024, Appeal Opening Brief Due (Appellant) 11/12/2024, Appeal Answering Brief Due (Appellee) 12/12/2024. For appeal no. 24-5119, 5:23-cv-00620-SSS-DTB. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 08/21/2024 12:07 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 5:23-cv-00620-SSS-DTB has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 24-5119 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Counsel should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 08/21/2024 12:05 PM] |
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| Defendant: STATE OF CALIFORNIA | |
| Represented By: | Jane Crue |
| Represented By: | Noel Fischer |
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| Defendant: GAVIN NEWSOM, in his official capacity as Governor of California | |
| Represented By: | Jane Crue |
| Represented By: | Noel Fischer |
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| Plaintiff: AUGUSTINE BAND OF CAHUILLA INDIANS, a federally recognized Indian Tribe | |
| Represented By: | George Forman |
| Represented By: | Jay Brian Shapiro |
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