Whisper Lake Developments, Inc. v. Skagit Highlands Homes, LLC, et al.
| WHISPER LAKE DEVELOPMENTS, INC. |
| SKAGIT HIGHLANDS HOMES, LLC, MTT HOMES 1, LLC, MTT CONSTRUCTION, LLC, MTT HOLDINGS, INC., THOMAS L. TOLLEN, III, MORGAN TOLLEN LINDBERG, MATTHEW MAHAFFIE, in his official and personal capacities, DEAD GOAT PROPERTIES, LLC, MARK PERSONIUS, in his official and personal capacities, GARRET SMITH, in his official and personal capacities, JON-PAUL SHANAHAN, in his official and personal capacities, ERIN PAGE, in his official and personal capacities, AMY KEENAN, in his official and personal capacities, THOMAS BRISSENDEN, in his official and personal capacities and COUNTY OF WHATCOM |
| 25-2652 |
| April 24, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
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| WHISPER LAKE DEVELOPMENTS, INC. V. MAHAFFIE, ET AL. |
Docket Report
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This docket was last retrieved on October 20, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 77 RESPONSE to Motion to Supplement or Correct Record (DE 76) filed by Appellee Skagit Highlands Homes, LLC, Appellee MTT Homes 1, LLC, Appellee MTT Construction, LLC, Appellee MTT Holdings, Inc., Appellee Thomas L. Tollen, III. [Court entered filing to correct DE 74] [Entered: 10/20/2025 03:53 PM] |
| Filing 75 SUPPLEMENT to Response to Motion for Judicial Notice (DE 67) filed by Appellee Matthew Mahaffie, Appellee Mark Personius, Appellee Garret Smith, Appellee Jon-Paul Shanahan, Appellee Erin Page, Appellee Amy Keenan, Appellee Thomas Brissenden, Appellee County of Whatcom. [Entered: 10/20/2025 03:10 PM] |
| Filing 74 DEFECTIVE --- MOTION to Supplement or Correct Record filed by Appellee Skagit Highlands Homes, LLC, Appellee MTT Homes 1, LLC, Appellee MTT Construction, LLC, Appellee MTT Holdings, Inc., Appellee Thomas L. Tollen, III. [Wrong filing type used, corrected in DE 77] [Entered: 10/20/2025 02:22 PM] [Edited: 10/20/2025 03:54 PM] |
| Filing 73 NOTICE: This case is being considered for an upcoming oral argument calendar in Seattle. Please review the Seattle sitting dates for February 2026 and the subsequent sitting 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 (#http://www.ca9.uscourts.gov/forms/form32.pdf) within 3 business days of this notice using the ACMS filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions (#http://www.ca9.uscourts.gov/forms/form32instructions.pdf) 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 motion within 3 business days of this notice, using the filing type: Motion to Refer to Mediation. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. [25-2652] [Entered: 10/17/2025 02:43 PM] |
| Filing 72 SUPPLEMENT to Response to Motion to Supplement or Correct Record (DE 56) filed by Appellee Matthew Mahaffie, Appellee Mark Personius, Appellee Garret Smith, Appellee Jon-Paul Shanahan, Appellee Erin Page, Appellee Amy Keenan, Appellee Thomas Brissenden, Appellee County of Whatcom. [Entered: 10/16/2025 04:27 PM] |
| Filing 71 SUPPLEMENT to Motion for Judicial Notice (DE 65) filed by Appellant Whisper Lake Developments, Inc.. [Entered: 10/13/2025 11:17 AM] |
| Filing 76 MOTION to Supplement or Correct Record filed by Appellant Whisper Lake Developments, Inc.. [Court entered filing to correct DE 70] [Entered: 10/20/2025 03:48 PM] |
| Filing 70 DEFECTIVE --- SUPPLEMENT to MOTION to Supplement or Correct Record (DE 54) filed by Appellant Whisper Lake Developments, Inc.. [Court update: Wrong filing type used, corrected in DE 76. Court entered filing to correct DE 69] [Entered: 10/09/2025 03:34 PM] [Edited: 10/20/2025 03:51 PM] |
| Filing 69 DEFECTIVE --- MOTION to Supplement or Correct Record filed by Appellant Whisper Lake Developments, Inc.. [Wrong filing type used, corrected in DE 70] [Entered: 10/09/2025 03:23 PM] [Edited: 10/09/2025 03:35 PM] |
| Filing 68 REPLY to Response to Motion for Judicial Notice (DE 67) filed by Appellant Whisper Lake Developments, Inc.. [Entered: 09/25/2025 05:51 AM] |
| Filing 67 RESPONSE to Motion for Judicial Notice (DE 65) filed by Appellee Matthew Mahaffie, Appellee Mark Personius, Appellee Garret Smith, Appellee Jon-Paul Shanahan, Appellee Erin Page, Appellee Amy Keenan, Appellee Thomas Brissenden, Appellee County of Whatcom. [Entered: 09/22/2025 02:26 PM] |
| Filing 66 Paper copies (6) of Reply Brief submitted at DE 62 by Appellant Whisper Lake Developments, Inc. received. [Entered: 09/19/2025 12:38 PM] |
| Filing 65 MOTION for Judicial Notice filed by Appellant Whisper Lake Developments, Inc.. [Entered: 09/16/2025 10:00 AM] |
Filing 64
ORDER FILED. Reply Brief submitted at DE 62 by Appellant Whisper Lake Developments, Inc. is filed. Within 7 days of this order, Appellant must file 6 copies of the brief in paper format bound with gray front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerks principal office. [Entered: 09/12/2025 05:16 PM]
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Filing 63
ORDER FILED. The motion (Docket Entry No. 61) for leave to file a replacement reply brief is granted. The clerk will strike the reply briefs at Docket Entry Nos. 49 and 57 and file the replacement reply brief at Docket Entry No. 62. [Entered: 09/12/2025 01:15 PM]
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| Filing 62 REPLY BRIEF submitted for filing by Appellant Whisper Lake Developments, Inc.--[COURT ENTERED FILING to replace DE 60] [Entered: 09/11/2025 08:10 AM] |
| Filing 61 MOTION to File Replacement Brief filed by Appellant Whisper Lake Developments, Inc.--[COURT ENTERED FILING to replace DE 60] [Entered: 09/11/2025 08:09 AM] |
| Filing 60 DEFECTIVE --- MOTION for Leave to File Reply filed by Appellant Whisper Lake Developments, Inc..--[Wrong filing type, correct entries are DE 61 and 62] [Entered: 09/10/2025 08:41 PM] [Edited: 09/11/2025 08:12 AM] |
| Filing 59 Paper copies (6) of Reply Brief submitted at DE 49 by Appellant Whisper Lake Developments, Inc. received. [Entered: 09/08/2025 12:52 PM] |
| Filing 58 Paper copies (3) of Excerpts of Record in 2 Volumes and Index Volume submitted at DE 50 by Appellant Whisper Lake Developments, Inc. received. [Entered: 09/08/2025 12:50 PM] |
| Filing 57 STRICKEN PER ORDER [DE 63] -- REPLY BRIEF submitted for filing by Appellant Whisper Lake Developments, Inc.. [Entered: 09/05/2025 05:06 PM] [Edited: 09/12/2025 01:20 PM] |
| Filing 56 RESPONSE to Motion to Supplement or Correct Record (DE 54) filed by Appellee Matthew Mahaffie, Appellee Mark Personius, Appellee Garret Smith, Appellee Jon-Paul Shanahan, Appellee Erin Page, Appellee Amy Keenan, Appellee Thomas Brissenden, Appellee County of Whatcom. [Entered: 09/05/2025 02:59 PM] |
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Filing 55
ORDER FILED.Appellees motion to strike (Docket Entry No. 53), appellants motion to supplement the record (Docket Entry No. 54), and any further related filings are referred to the panel that decides the merits of this case. [Entered: 09/04/2025 03:35 PM]
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| Filing 54 MOTION to Supplement or Correct Record filed by Appellant Whisper Lake Developments, Inc.. [Entered: 09/02/2025 11:27 AM] |
| Filing 53 MOTION to Strike Brief or Portion of Brief filed by Appellee Matthew Mahaffie, Appellee Mark Personius, Appellee Garret Smith, Appellee Jon-Paul Shanahan, Appellee Erin Page, Appellee Amy Keenan, Appellee Thomas Brissenden, Appellee County of Whatcom. [Entered: 08/29/2025 04:12 PM] |
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Filing 52
ORDER FILED. Reply Brief submitted at DE 49 by Appellant Whisper Lake Developments, Inc. is filed. Within 7 days of this order, Appellant must file 6 copies of the brief in paper format bound with gray 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 50 by Appellant Whisper Lake Developments, Inc. are filed. Within 7 days of this order, Appellant 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: 08/28/2025 03:00 PM]
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| Filing 51 DEFECTIVE --- REPLY BRIEF submitted for filing by Appellant Whisper Lake Developments, Inc.. (Wrong filing type, document submitted correctly in DE 49) [Entered: 08/23/2025 12:26 AM] [Edited: 08/28/2025 02:54 PM] |
| Filing 50 EXCERPTS OF RECORD submitted for filing by Appellant Whisper Lake Developments, Inc..--[COURT UPDATE: Corrected PDF files attached as of 8/28/2025, REPLACING original attachments] [Entered: 08/23/2025 12:17 AM] [Edited: 08/28/2025 02:52 PM] |
| Filing 49 STRICKEN PER ORDER [DE 63] -- REPLY BRIEF submitted for filing by Appellant Whisper Lake Developments, Inc..--[COURT UPDATE: Corrected PDF attached as of 8/28/2025, REPLACING original attachment, attached Certificate of Compliance] [Entered: 08/22/2025 11:50 PM] [Edited: 09/12/2025 01:18 PM] |
| Filing 48 Paper copies (6) of Answering Brief submitted at DE 44 by Appellees Skagit Highlands Homes, LLC, et al received. [Entered: 08/20/2025 03:15 PM] |
| Filing 47 Paper copies (3) of Excerpts of Record in 1 Volume submitted at DE 45 by Appellees Skagit Highlands Homes, LLC, et al received. [Entered: 08/20/2025 03:12 PM] |
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Filing 46
ORDER FILED. Answering Brief submitted at DE 44 by Appellees Skagit Highlands Homes, LLC, 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 45 by Appellees Skagit Highlands Homes, LLC, 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: 08/18/2025 02:51 PM]
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| Filing 45 EXCERPTS OF RECORD submitted for filing by Appellee Skagit Highlands Homes, LLC, Appellee MTT Homes 1, LLC, Appellee MTT Construction, LLC, Appellee MTT Holdings, Inc., Appellee Thomas L. Tollen, III. [Entered: 08/15/2025 03:36 PM] |
| Filing 44 ANSWERING BRIEF submitted for filing by Appellee Skagit Highlands Homes, LLC, Appellee MTT Homes 1, LLC, Appellee MTT Construction, LLC, Appellee MTT Holdings, Inc., Appellee Thomas L. Tollen, III. [Entered: 08/15/2025 03:32 PM] |
| Filing 43 Paper copies (6) of Answering Brief submitted at DE 38 by Appellees Matthew Mahaffie, et al received. [Entered: 08/07/2025 03:39 PM] |
| Filing 42 Paper copies (3) of Excerpts of Record in 1 Volume and Index Volume submitted at DE 39 by Appellees Matthew Mahaffie, et al received. (edited to correct the names of the appellees) [Entered: 08/07/2025 03:32 PM] [Edited: 08/07/2025 03:37 PM] |
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Filing 41
ORDER FILED. Answering Brief submitted at DE 38 by Appellees Matthew Mahaffie, 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 39 by Appellees Matthew Mahaffie, 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: 08/04/2025 11:32 AM]
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| Filing 40 DEFECTIVE --- EXCERPTS OF RECORD submitted for filing by Appellee Matthew Mahaffie, Appellee Mark Personius, Appellee Garret Smith, Appellee Jon-Paul Shanahan, Appellee Erin Page, Appellee Amy Keenan, Appellee Thomas Brissenden, Appellee County of Whatcom. (Duplicate entry, correct entry at DE 39) [Entered: 08/01/2025 10:17 AM] [Edited: 08/04/2025 10:13 AM] |
| Filing 39 EXCERPTS OF RECORD submitted for filing by Appellee Matthew Mahaffie, Appellee Mark Personius, Appellee Garret Smith, Appellee Jon-Paul Shanahan, Appellee Erin Page, Appellee Amy Keenan, Appellee Thomas Brissenden, Appellee County of Whatcom.--[COURT UPDATE: Attached PDF of Vol 1 (originally submitted at DE 40) as of 8/4/2025 ] [Entered: 08/01/2025 10:14 AM] [Edited: 08/04/2025 10:09 AM] |
| Filing 38 ANSWERING BRIEF submitted for filing by Appellee Matthew Mahaffie, Appellee Mark Personius, Appellee Garret Smith, Appellee Jon-Paul Shanahan, Appellee Erin Page, Appellee Amy Keenan, Appellee Thomas Brissenden, Appellee County of Whatcom.--[COURT UPDATE: Corrected PDF attached as of 8/4/2025, REPLACING original attachment] [Entered: 08/01/2025 10:11 AM] [Edited: 08/04/2025 10:20 AM] |
| Filing 37 Paper copies (3) of Excerpts of Record in 5 Volumes and Index Volume submitted at DE 19 by Appellant Whisper Lake Developments, Inc. received. [Entered: 07/30/2025 12:55 PM] |
| Filing 36 Paper copies (6) of Opening Brief submitted at DE 33 by Appellant Whisper Lake Developments, Inc. received. [Entered: 07/24/2025 04:30 PM] |
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Filing 35
ORDER FILED. Opening Brief submitted at DE 33 by Appellant Whisper Lake Developments, Inc. is filed. Within 7 days of this order, Appellant 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 19 by Appellant Whisper Lake Developments, Inc. are filed. Within 7 days of this order, Appellant 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: 07/17/2025 04:28 PM]
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Filing 34
ORDER FILED. The motion (Docket Entry No. 32) to file a replacement opening brief is granted. The clerk will strike the opening briefs at Docket Entry Nos. 15 and 22 and file the replacement opening brief at Docket Entry No. 33. The answering brief is now due August 15, 2025. The optional reply brief is due within 21 days after the answering brief is served. The previous motion to file a replacement opening brief (Docket Entry No. 16) and motion to strike the previously submitted opening briefs (Docket Entry Nos. 23 & 26) are denied as moot. [Entered: 07/17/2025 04:02 PM]
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| Filing 33 OPENING BRIEF submitted for filing by Appellant Whisper Lake Developments, Inc..--[COURT UPDATE: Certificate of Compliance attached as of 7/15/2025] [Entered: 06/30/2025 09:28 AM] [Edited: 07/15/2025 01:13 PM] |
| Filing 32 MOTION to File Replacement Brief filed by Appellant Whisper Lake Developments, Inc.. [Entered: 06/30/2025 09:27 AM] |
| Filing 31 REPLY to Response to Motion to Strike Brief or Portion of Brief (DE 30) filed by Appellee Matthew Mahaffie, Appellee Mark Personius, Appellee Garret Smith, Appellee Jon-Paul Shanahan, Appellee Erin Page, Appellee Amy Keenan, Appellee Thomas Brissenden, Appellee County of Whatcom. [Entered: 06/25/2025 12:08 PM] |
| Filing 30 RESPONSE to Motion to Strike Brief or Portion of Brief (DE 23) filed by Appellant Whisper Lake Developments, Inc.. [Entered: 06/19/2025 12:42 PM] |
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Filing 29
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 18) granted, Streamlined Request for Extension of Time to File Brief (DE 21) granted. Amended briefing schedule FOR ALL APPELLEES: Answering Brief Due (Appellee) 8/6/2025. 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: 06/18/2025 12:30 PM]
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| Filing 28 ADDED Counsel for Appellee Aziza Foster [Entered: 06/17/2025 05:23 PM] |
| Filing 27 NOTICE OF APPEARANCE by Aziza Foster for Appellee Amy Keenan, Appellee County of Whatcom, Appellee Erin Page, Appellee Garret Smith, Appellee Jon-Paul Shanahan, Appellee Mark Personius, Appellee Matthew Mahaffie, Appellee Thomas Brissenden. [Entered: 06/17/2025 05:10 PM] |
| Filing 26 SUPPLEMENT to MOTION to Strike Brief or Portion of Brief (DE 23) filed by Appellee Matthew Mahaffie, Appellee Mark Personius, Appellee Garret Smith, Appellee Jon-Paul Shanahan, Appellee Erin Page, Appellee Amy Keenan, Appellee Thomas Brissenden, Appellee County of Whatcom. [Court entered filing to correct DE 25] [Entered: 06/17/2025 11:46 AM] |
| Filing 25 DEFECTIVE --- MOTION to Strike Brief or Portion of Brief filed by Appellee Matthew Mahaffie, Appellee Mark Personius, Appellee Garret Smith, Appellee Jon-Paul Shanahan, Appellee Erin Page, Appellee Amy Keenan, Appellee Thomas Brissenden, Appellee County of Whatcom. [Wrong filing type used, corrected in DE 26] [Entered: 06/17/2025 11:22 AM] [Edited: 06/17/2025 11:47 AM] |
| Filing 24 RESPONSE to Motion to File Replacement Brief (DE 16) filed by Appellee Matthew Mahaffie, Appellee Mark Personius, Appellee Garret Smith, Appellee Jon-Paul Shanahan, Appellee Erin Page, Appellee Amy Keenan, Appellee Thomas Brissenden, Appellee County of Whatcom. [Entered: 06/17/2025 11:19 AM] |
| Filing 23 MOTION to Strike Brief or Portion of Brief filed by Appellee Matthew Mahaffie, Appellee Mark Personius, Appellee Garret Smith, Appellee Jon-Paul Shanahan, Appellee Erin Page, Appellee Amy Keenan, Appellee Thomas Brissenden, Appellee County of Whatcom. [Entered: 06/13/2025 04:05 PM] |
| Filing 22 OPENING BRIEF submitted for filing by Appellant Whisper Lake Developments, Inc..--[COURT ENTERED FILING to correct DE 16] [Entered: 06/13/2025 03:50 PM] |
| Filing 21 Streamlined Request for Extension of Time to File Brief filed by Appellee Skagit Highlands Homes, LLC, Appellee MTT Homes 1, LLC, Appellee MTT Construction, LLC, Appellee MTT Holdings, Inc., Appellee Thomas L. Tollen, III. [Entered: 06/12/2025 09:31 AM] |
| Filing 20 DEFECTIVE ---- MOTION to Extend Time to File Brief filed by Appellee Skagit Highlands Homes, LLC, Appellee MTT Homes 1, LLC, Appellee MTT Construction, LLC, Appellee MTT Holdings, Inc., Appellee Thomas L. Tollen, III. [Wrong filing type used, corrected in DE 21] [Entered: 06/12/2025 08:57 AM] [Edited: 06/12/2025 10:56 AM] |
| Filing 19 EXCERPTS OF RECORD submitted for filing by Appellant Whisper Lake Developments, Inc..--[COURT UPDATE: Corrected PDFs attached as of 6/13/2025, REPLACING original attachments] [Entered: 06/11/2025 03:11 PM] [Edited: 06/13/2025 03:53 PM] |
| Filing 18 Streamlined Request for Extension of Time to File Brief filed by Appellee Matthew Mahaffie, Appellee Mark Personius, Appellee Garret Smith, Appellee Jon-Paul Shanahan, Appellee Erin Page, Appellee Amy Keenan, Appellee Thomas Brissenden, Appellee County of Whatcom. [Entered: 06/10/2025 02:49 PM] |
| Filing 17 DEFECTIVE --- SUPPLEMENT to Motion to File Replacement Brief (DE 16) filed by Appellant Whisper Lake Developments, Inc..--[Wrong filing type and incomplete, correct entry is DE 19] [Entered: 06/05/2025 08:14 PM] [Edited: 06/13/2025 03:55 PM] |
| Filing 16 MOTION to File Replacement Brief filed by Appellant Whisper Lake Developments, Inc..--[COURT UPDATE: Removed brief and excerpts (correct entries are DE 19 and 22)] [Entered: 06/05/2025 07:59 PM] [Edited: 06/13/2025 03:54 PM] |
| Filing 15 OPENING BRIEF submitted for filing by Appellant Whisper Lake Developments, Inc.. [Entered: 06/05/2025 12:03 AM] |
| Filing 14 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [Entered: 05/16/2025 11:14 AM] |
| Filing 13 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Whisper Lake Developments, Inc.. [Entered: 05/14/2025 11:52 AM] |
| Filing 12 ADDED Counsel for Appellee Jesse Ryan Corkern [Entered: 05/13/2025 12:12 PM] |
| Filing 11 NOTICE OF APPEARANCE by Jesse Ryan Corkern for Appellee Amy Keenan, Appellee County of Whatcom, Appellee Erin Page, Appellee Garret Smith, Appellee Jon-Paul Shanahan, Appellee Mark Personius. [Entered: 05/13/2025 12:06 PM] |
| Filing 10 TERMINATED participation of Counsel for Appellee Jesse Ryan Corkern, representing Appellee Amy Keenan, Appellee County of Whatcom, Appellee Erin Page, Appellee Garret Smith, Appellee Jon-Paul Shanahan, Appellee Mark Personius, Appellee Thomas Brissenden. [Entered: 05/08/2025 04:44 PM] |
| Filing 9 NOTICE OF APPEARANCE by Quinn N. Plant for Appellee Amy Keenan, Appellee County of Whatcom, Appellee Erin Page, Appellee Garret Smith, Appellee Jon-Paul Shanahan, Appellee Mark Personius, Appellee Thomas Brissenden replacing Jesse Ryan Corkern. [Entered: 05/08/2025 04:13 PM] |
| Filing 8 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee Skagit Highlands Homes, LLC, Appellee MTT Construction, LLC, Appellee MTT Holdings, Inc.. [Entered: 05/08/2025 09:47 AM] |
| Filing 7 MEDIATION ORDER: By 5/12/2025, 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. [Entered: 05/05/2025 09:12 AM] |
| Filing 6 MEDIATION QUESTIONNAIRE filed by Appellant Whisper Lake Developments, Inc.. 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. [Entered: 04/29/2025 05:54 PM] |
| Filing 5 NOTICE OF APPEARANCE by Lawrence A. Kogan for Appellant Whisper Lake Developments, Inc.. [Entered: 04/29/2025 04:17 PM] |
| Filing 4 ADDED Counsel for Appellee Nancy Bainbridge Rogers [Entered: 04/29/2025 01:55 PM] |
| Filing 3 NOTICE OF APPEARANCE by Nancy Bainbridge Rogers for Appellee MTT Construction, LLC, Appellee MTT Holdings, Inc., Appellee MTT Homes 1, LLC, Appellee Skagit Highlands Homes, LLC, Appellee Thomas L. Tollen, III. [Entered: 04/29/2025 01:15 PM] |
| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 4/29/2025, Appeal Opening Brief (No Transcript Due) (Appellant) 6/4/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 7/7/2025. For appeal no. 25-2652, 2:24-cv-01909-BJR. 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: 04/24/2025 03:16 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:24-cv-01909-BJR 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 25-2652 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: 04/24/2025 03:09 PM] |
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