Rivera, et al. v. Anderson, et al.
| JAMON RIVERA, CURTIS BANTA, YONKMAN CONSTRUCTION, INC., PARAS HOMES, LLC, CONDRON HOMES, LLC, GARCO CONSTRUCTION, INC., ARLINGTON 360, LLC, HUSEBY HOMES, LLC, SPOKANE HOME BUILDERS ASSOCIATION, WASHINGTON AND NORTHERN IDAHO DISTRICT COUNCIL OF LABORERS, CITIZEN ACTION DEFENSE FUND, NATIONAL PROPANE GAS ASSOCIATION, AVISTA CORPORATION, CASCADE NATURAL GAS, NORTHWEST NATURAL GAS COMPANY, WASHINGTON STATE ASSOCIATION OF UA PLUMBERS PIPEFITTERS AND HVAC-R SERVICE TECHNICIANS and UNITED ASSOCIATION OF PLUMBERS, PIPEFITTERS AND HVAC-R SERVICE TECHNICIANS - LOCAL 32 |
| KJELL ANDERSON, in his official capacity as Washington State Building Code Council Member, JAY ARNOLD, in his official capacity as Washington State Building Code Council Member, TODD BEYREUTHER, in his official capacity as Washington State Building Code Council Member, JUSTIN BOURGAULT, in his official capacity as Washington State Building Code Council Member, DAIMON DOYLE, in his official capacity as Washington State Building Code Council Member, TOM HANDY, in his official capacity as Washington State Building Code Council Member, ANGELA HAUPT, in her official capacity as Washington State Building Code Council Member, ROGER HEERINGA, in his official capacity as Washington State Building Code Council Member, MATTHEW HEPNER, in his official capacity as Washington State Building Code Council Member, CRAIG HOLT, in his official capacity as Washington State Building Code Council Member, TYE MESNER, in his official capacity as Washington State Building Code Council Member, BENJAMIN OMURA, in his official capacity as Washington State Building Code Council Member, PETER RIEKE, in his official capacity as Washington State Building Code Council Member, KATY SHEEHAN, in her official capacity as Washington State Building Code Council Member and BOB FERGUSON, in his official capacity as Attorney General of Washington |
| CLIMATE SOLUTIONS, LANDS COUNCIL, SIERRA CLUB and WASHINGTON PHYSICIANS FOR SOCIAL RESPONSIBILITY |
| 25-2134 |
| April 2, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
This docket was last retrieved on September 23, 2025. A more recent docket listing may be available from PACER.
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| Filing 49 Paper copies (6) of Answering Brief submitted at DE 45 by Appellees Kjell Anderson, et al received. [Entered: 09/23/2025 02:15 PM] |
| Filing 48 Paper copies (3) of Excerpts of Record in 1 Volume submitted at DE 46 by Appellees Kjell Anderson, et al received. [Entered: 09/23/2025 02:12 PM] |
Filing 47
ORDER FILED. Answering Brief submitted at DE 45 by Appellees Kjell Anderson, et al. is filed. Within 7 days of this order, Appellees must file 6 copies of the brief in paper format bound with red front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 46 by Appellees Kjell Anderson, et al. are filed. Within 7 days of this order, Appellees must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerks principal office. [Entered: 09/18/2025 11:28 AM]
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| Filing 46 EXCERPTS OF RECORD submitted for filing by Appellee Kjell Anderson, Appellee Jay Arnold, Appellee Todd Beyreuther, Appellee Justin Bourgault, Appellee Daimon Doyle, Appellee Tom Handy, Appellee Angela Haupt, Appellee Roger Heeringa, Appellee Matthew Hepner, Appellee Craig Holt, Appellee Tye Mesner, Appellee Benjamin Omura, Appellee Peter Rieke, Appellee Katy Sheehan, Appellee Bob Ferguson. [Entered: 09/17/2025 05:44 PM] |
| Filing 45 ANSWERING BRIEF submitted for filing by Appellee Kjell Anderson, Appellee Jay Arnold, Appellee Todd Beyreuther, Appellee Justin Bourgault, Appellee Daimon Doyle, Appellee Tom Handy, Appellee Angela Haupt, Appellee Roger Heeringa, Appellee Matthew Hepner, Appellee Craig Holt, Appellee Tye Mesner, Appellee Benjamin Omura, Appellee Peter Rieke, Appellee Katy Sheehan, Appellee Bob Ferguson. [Entered: 09/17/2025 05:42 PM] |
Filing 44
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 43) granted FOR ALL APPELLEES. Amended briefing schedule: Answering Brief Due (Appellee) 9/17/2025. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 08/06/2025 04:13 PM]
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| Filing 43 Streamlined Request for Extension of Time to File Brief filed by Appellee Kjell Anderson, Appellee Jay Arnold, Appellee Todd Beyreuther, Appellee Justin Bourgault, Appellee Daimon Doyle, Appellee Tom Handy, Appellee Angela Haupt, Appellee Roger Heeringa, Appellee Matthew Hepner, Appellee Craig Holt, Appellee Tye Mesner, Appellee Benjamin Omura, Appellee Peter Rieke, Appellee Katy Sheehan, Appellee Bob Ferguson. [Entered: 08/06/2025 10:16 AM] |
| Filing 42 Paper copies (6) of Opening Brief submitted at DE 38 by Appellants received. [Entered: 07/21/2025 03:23 PM] |
| Filing 41 Paper copies (3) of Excerpts of Record in 1 Volume submitted at DE 39 by Appellants received. [Entered: 07/21/2025 03:22 PM] |
Filing 40
ORDER FILED. Opening Brief submitted at DE 38 by Appellants is filed. Within 7 days of this order, Appellants must file 6 copies of the brief in paper format bound with blue front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 39 by Appellants are filed. Within 7 days of this order, Appellants must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerks principal office. [Entered: 07/18/2025 10:15 AM]
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| Filing 39 EXCERPTS OF RECORD submitted for filing by Appellant Avista CorporationAvista Corporation, Appellant Cascade Natural Gas, Appellant Northwest Natural Gas Company. [Entered: 07/17/2025 01:51 PM] |
| Filing 38 OPENING BRIEF submitted for filing by Appellant Avista CorporationAvista Corporation, Appellant Cascade Natural Gas, Appellant Northwest Natural Gas Company. [Entered: 07/17/2025 01:50 PM] |
Filing 37
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 36) granted. Amended briefing schedule: Opening Brief Due (Appellant) 7/17/2025, Answering Brief Due (Appellee) 8/18/2025. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 06/12/2025 01:26 PM]
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| Filing 36 Streamlined Request for Extension of Time to File Brief filed by Appellant Avista CorporationAvista Corporation, Appellant Cascade Natural Gas, Appellant Northwest Natural Gas Company. [Entered: 06/12/2025 09:31 AM] |
| Filing 35 NOTICE of change of address filed by Appellant Jamon Rivera, Appellant Curtis Banta, Appellant Yonkman Construction, Inc., Appellant Paras Homes, LLC, Appellant Condron Homes, LLC, Appellant Garco Construction, Inc., Appellant Arlington 360, LLC, Appellant Huseby Homes, LLC, Appellant Spokane Home Builders Association, Appellant Washington State Association of UA Plumbers Pipefitters and HVAC-R Service Technicians, Appellant United Association of Plumbers, Pipefitters and HVAC-R Service Technicians - Local 32, Appellant Washington and Northern Idaho District Council of Laborers, Appellant Citizen Action Defense Fund, Appellant National Propane Gas Association. [Court entered filing to correct DE 34] [Entered: 05/30/2025 02:59 PM] |
| Filing 34 DEFECTIVE---STATUS REPORT filed by Appellant Jamon Rivera, Appellant Curtis Banta, Appellant Yonkman Construction, Inc., Appellant Paras Homes, LLC, Appellant Condron Homes, LLC, Appellant Garco Construction, Inc., Appellant Arlington 360, LLC, Appellant Huseby Homes, LLC, Appellant Spokane Home Builders Association, Appellant Washington State Association of UA Plumbers Pipefitters and HVAC-R Service Technicians, Appellant United Association of Plumbers, Pipefitters and HVAC-R Service Technicians - Local 32, Appellant Washington and Northern Idaho District Council of Laborers, Appellant Citizen Action Defense Fund, Appellant National Propane Gas Association. [Wrong filing type, corrected in DE 35] [Entered: 05/30/2025 12:12 PM] [Edited: 05/30/2025 03:01 PM] |
| Filing 33 ADDED Counsel for Appellant Christopher Edward Tutunjian [Entered: 05/07/2025 08:38 AM] |
| Filing 32 ADDED Counsel for Appellant Ronald Scott Novak [Entered: 05/07/2025 08:36 AM] |
| Filing 31 NOTICE OF APPEARANCE by Christopher Edward Tutunjian for Appellant Avista CorporationAvista Corporation, Appellant Cascade Natural Gas, Appellant Northwest Natural Gas Company. [Entered: 05/07/2025 06:55 AM] |
| Filing 30 NOTICE OF APPEARANCE by Ronald Scott Novak for Appellant Avista CorporationAvista Corporation, Appellant Cascade Natural Gas, Appellant Northwest Natural Gas Company. [Entered: 05/06/2025 05:32 PM] |
| Filing 29 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. [Entered: 04/28/2025 09:13 AM] |
| Filing 28 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Yonkman Construction, Inc.. [Entered: 04/15/2025 02:24 PM] |
| Filing 27 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Washington State Association of UA Plumbers Pipefitters and HVAC-R Service Technicians. [Entered: 04/15/2025 02:23 PM] |
| Filing 26 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Washington and Northern Idaho District Council of Laborers. [Entered: 04/15/2025 02:21 PM] |
| Filing 25 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Spokane Home Builders Association. [Entered: 04/15/2025 02:19 PM] |
| Filing 24 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Paras Homes, LLC. [Entered: 04/15/2025 02:18 PM] |
| Filing 23 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant National Propane Gas Association. [Entered: 04/15/2025 02:17 PM] |
| Filing 22 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Local 32 of UA Plumbers Pipefitters and HVAC-R Service Technicians. [Entered: 04/15/2025 02:15 PM] |
| Filing 21 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Jamon Rivera. [Entered: 04/15/2025 02:14 PM] |
| Filing 20 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Huseby Homes, LLC. [Entered: 04/15/2025 02:13 PM] |
| Filing 19 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Garco Construction, Inc.. [Entered: 04/15/2025 02:11 PM] |
| Filing 18 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Curtis Banta. [Entered: 04/15/2025 02:09 PM] |
| Filing 17 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Condron Homes, LLC. [Entered: 04/15/2025 02:07 PM] |
| Filing 16 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Citizen Action Defense Fund. [Entered: 04/15/2025 02:06 PM] |
| Filing 15 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Arlington 360, LLC. [Entered: 04/15/2025 02:04 PM] |
| Filing 14 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Northwest Natural Gas Company. [Entered: 04/15/2025 07:58 AM] |
| Filing 13 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Cascade Natural Gas. [Entered: 04/15/2025 07:56 AM] |
| Filing 12 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Avista CorporationAvista Corporation. [Entered: 04/15/2025 07:54 AM] |
| Filing 11 ADDED Counsel for Appellee Dierk J. Meierbachtol [Entered: 04/10/2025 10:52 AM] |
| Filing 10 NOTICE OF APPEARANCE by Dierk J. Meierbachtol for Appellee Angela Haupt, Appellee Benjamin Omura, Appellee Bob Ferguson, Appellee Craig Holt, Appellee Daimon Doyle, Appellee Jay Arnold, Appellee Justin Bourgault, Appellee Katy Sheehan, Appellee Kjell Anderson, Appellee Matthew Hepner, Appellee Peter Rieke, Appellee Roger Heeringa, Appellee Todd Beyreuther, Appellee Tom Handy, Appellee Tye Mesner. [Entered: 04/09/2025 03:48 PM] |
| Filing 9 ADDED Counsel for Appellant Clifford Scott Davidson [Entered: 04/08/2025 01:22 PM] |
| Filing 8 NOTICE OF APPEARANCE by Clifford Scott Davidson for Appellant Avista CorporationAvista Corporation, Appellant Cascade Natural Gas, Appellant Northwest Natural Gas Company. [Entered: 04/08/2025 12:40 PM] |
| Filing 7 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 4/24/2025, 10:00 a.m. PACIFIC Time. See order for instructions and details. [Entered: 04/08/2025 11:18 AM] |
| Filing 6 ADDED Counsel for Appellant Callie A. Castillo [Entered: 04/07/2025 03:45 PM] |
| Filing 5 NOTICE OF APPEARANCE by Callie A. Castillo for Appellant Arlington 360, LLC, Appellant Citizen Action Defense Fund, Appellant Condron Homes, LLC, Appellant Curtis Banta, Appellant Garco Construction, Inc., Appellant Huseby Homes, LLC, Appellant Jamon Rivera, Appellant Local 32 of UA Plumbers Pipefitters and HVAC-R Service Technicians, Appellant National Propane Gas Association, Appellant Paras Homes, LLC, Appellant Spokane Home Builders Association, Appellant Washington and Northern Idaho District Council of Laborers, Appellant Washington State Association of UA Plumbers Pipefitters and HVAC-R Service Technicians, Appellant Yonkman Construction, Inc.. [Entered: 04/07/2025 03:12 PM] |
| Filing 4 SCHEDULE NOTICE. Appeal Transcript Order Due (Appellant) 4/8/2025, Appeal Transcript Due (Appellant) 5/8/2025, Appeal Opening Brief Due (Appellant) 6/17/2025, Appeal Answering Brief Due (Appellee) 7/17/2025. For appeal no. 25-2134, 2:24-cv-00677-KKE. 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: 04/07/2025 11:54 AM] |
| Filing 3 MEDIATION QUESTIONNAIRE filed by appellants [list of appellants attached to MQ] To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] 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: updated docket text to reflect that MQ was filed by appellants listed in the MQ] [Entered: 04/07/2025 09:59 AM] [Edited: 04/07/2025 11:46 AM] |
| Filing 2 DEFECTIVE - SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 4/7/2025, Appeal Opening Brief (No Transcript Due) (Appellant) 5/16/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 6/16/2025. For appeal no. 25-2134, 2:24-cv-00677-KKE. 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. [COURT UPDATE: incorrect schedule used at case opening; court to issue revised schedule] [Entered: 04/02/2025 04:13 PM] [Edited: 04/07/2025 11:48 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:24-cv-00677-KKE 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 25-2134 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. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 04/02/2025 04:10 PM] |
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