Protect The Peninsula's Future, et al. v. Jamestown S'Klallam Tribe, et al.
| PROTECT THE PENINSULA'S FUTURE, COALITION TO PROTECT PUGET SOUND HABITAT and BEYOND PESTICIDES |
| DEB HAALAND, Secretary of the Interior, UNITED STATES FISH & WILDLIFE SERVICE, MARTHA WILLIAMS, Director of United States Fish and Wildlife Service, HUGH ROBERT MORRISON, Regional Director of the Pacific Region and JENNIFER BROWN SCOTT, Project Leader, Washington Maritime National Wildlife Refuge Complex |
| JAMESTOWN S'KLALLAM TRIBE |
| 25-4692 |
| July 28, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutes - APA Review/Appeal |
Docket Report
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This docket was last retrieved on January 6, 2026. A more recent docket listing may be available from PACER.
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Filing 20
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 19) granted. Amended briefing schedule: Opening Brief Due (Appellant) 2/27/2026, Answering Brief Due (Appellee) 3/30/2026. 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: 01/06/2026 01:53 PM]
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| Filing 19 Streamlined Request for Extension of Time to File Brief filed by Appellant Jamestown S'Klallam Tribe. [Entered: 01/05/2026 12:52 PM] |
| Filing 18 RELEASED FROM MEDIATION (text only). The conference previously scheduled for January 6, 2026, is canceled. This case is released from the Mediation Program. All further inquiries regarding this appeal, including requests for extensions of time, should be directed to the Clerks office.Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [Entered: 12/19/2025 03:04 PM] |
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Filing 17
ORDER FILED. Richard R. CLIFTON, Andrew D. HURWITZ, Daniel A. BRESS The court has received the responses to the September 9, 2025 order. This appeal will proceed. In addition to all other issues the parties wish to raise in their briefs, the parties must address whether this court has jurisdiction over this appeal. See Alto v. Black, 738 F.3d 1111, 1130 (9th Cir. 2013). The opening brief is due January 28, 2026. The answering briefs are due February 27, 2026. The optional reply brief is due 21 days after the answering briefs are served. The motion (Docket Entry No. 11) for an extension of time is moot. [COURT UPDATE: original order had a typo in the answering brief deadline; answering brief is due February 27, 2026; corrected order swapped out on docket] [Entered: 12/18/2025 12:11 PM] [Edited: 12/18/2025 05:14 PM]
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| Filing 16 MEDIATION CONFERENCE RESCHEDULED (text only) - DIAL-IN Mediation Conference Call 1/6/2026, 1:30 pm Pacific Time (originally 12/9/2025). Each participant will receive an email modifying the dial-in instructions. [Entered: 12/08/2025 02:28 PM] |
| Filing 15 REPLY to Response to Court Order (DE 10) filed by Appellee Deb Haaland, Appellee United States Fish & Wildlife Service, Appellee Martha Williams, Appellee Hugh Robert Morrison, Appellee Jennifer Brown Scott. [Entered: 12/03/2025 08:41 AM] |
| Filing 14 On November 13, 2025, the court issued a global order resetting the non-jurisdictional filing deadlines for federally funded attorneys (including FPDs and CJA counsel), that had been stayed by the courts October 1, 2025 Supplemental Administrative Order. If your deadlines were suspended by the October 1 Administrative Order, please review the #Order Resetting Deadlines, available on the courts website, to find your new deadlines. [Entered: 11/14/2025 04:38 PM] |
| Filing 13 DEFECTIVE --- ANSWERING BRIEF submitted for filing by Appellee Protect The Peninsula's Future, Appellee Coalition to Protect Puget Sound Habitat, Appellee Beyond Pesticides. [Wrong filing type used, PDF attached to DE 12] [Entered: 10/06/2025 05:48 PM] [Edited: 10/07/2025 10:48 AM] |
| Filing 12 REPLY to Response to Court Order (DE 10) filed by Appellee Protect The Peninsula's Future, Appellee Coalition to Protect Puget Sound Habitat, Appellee Beyond Pesticides. [Court update: Attached PDF from DE 13] [Entered: 10/06/2025 04:55 PM] [Edited: 10/07/2025 10:47 AM] |
| Filing 11 MOTION to Extend Time to Respond to Statement Supporting Immediate Appeal (DE 10/1/2025 12:00:00 AM) filed by Appellee Deb Haaland, Appellee United States Fish & Wildlife Service, Appellee Martha Williams, Appellee Hugh Robert Morrison, Appellee Jennifer Brown Scott. [Entered: 10/01/2025 09:19 AM] |
| Filing 10 RESPONSE to Order - Order to Show Cause (OSC) (DE 8) filed by Appellant Jamestown S'Klallam Tribe. [Entered: 09/25/2025 12:01 PM] |
| Filing 9 MEDIATION CONFERENCE SCHEDULED (text only) - DIAL-IN Mediation Conference Call 12/9/2025, 10:00 am Pacific Time. Each participant will receive an email with dial-in instructions. [Entered: 09/15/2025 11:41 AM] |
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Filing 8
ORDER FILED. A district courts order is not appealable under 28 U.S.C. 1291 unless it disposes of all claims as to all parties or unless judgment is entered in compliance with Federal Rule of Civil Procedure 54(b). Romoland Sch. Dist. v. Inland Empire Energy Ctr., LLC, 548 F.3d 738, 747 (9th Cir. 2008) (citing Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981)); see also Alto v. Black, 738 F.3d 1111, 1130 (9th Cir. 2013) (Nor is the denial of [a] Rule 12(b)(7) motion to dismiss . . . for inability to join a required party under Rule 19 among the narrow class of rulings collaterally appealable.). This court may therefore lack jurisdiction over this appeal. Within 21 days, appellant must either file a motion to voluntarily dismiss this appeal or file a statement explaining why it should not be dismissed. If appellant does not do so, the court will dismiss the appeal. See 9th Cir. R. 42-1. If appellant files a statement, appellees may file responses within 10 days. Briefing is stayed. [Entered: 09/09/2025 11:10 AM]
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| Filing 7 MEDIATION CONFERENCE RESCHEDULED (text only) - DIAL-IN Mediation Conference Call 9/15/2025, 10:00 AM Pacific Time (originally 8/20/2025). Each participant will receive an email modifying the dial-in information. The briefing schedule is amended as follows: Opening Brief Due (Appellant) 10/15/2025, Answering Brief Due (Appellee) 11/14/2025, Optional Reply Brief (Appellant) due within 21 days from the service date of the answering brief. [Entered: 08/14/2025 02:48 PM] |
| Filing 6 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 8/20/2025, 3:30 p.m. PACIFIC Time. See order for instructions and details. [Entered: 08/13/2025 02:22 PM] |
| Filing 5 MEDIATION QUESTIONNAIRE filed by Appellant Jamestown S'Klallam Tribe. 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: 08/01/2025 09:20 PM] |
| Filing 4 ADDED Counsel for Appellee Allen M. Brabender [Entered: 07/30/2025 09:21 AM] |
| Filing 3 NOTICE OF APPEARANCE by Allen M. Brabender for Appellee Deb Haaland, Appellee Hugh Robert Morrison, Appellee Jennifer Brown Scott, Appellee Martha Williams, Appellee United States Fish & Wildlife Service. [Entered: 07/30/2025 08:11 AM] |
| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 8/4/2025, Appeal Opening Brief (No Transcript Due) (Appellant) 9/8/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 10/8/2025. For appeal no. 25-4692, 3:23-cv-05737-BHS. 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: 07/28/2025 10:42 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:23-cv-05737-BHS 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 25-4692 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: 07/28/2025 10:33 AM] |
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