Cherry, et al. v. Washington Department of Fish & Wildlife, et al.
| PAUL CHERRY, LINDA LOPEZ, RUTHANNA SHIRLEY, STEPHEN J. ANDERSON, JOHNATHAN HONE, CHARLES FRADY, MARCUS SANCHEZ, TRENTON DEBOER, MORGAN WINES, SAMUEL KOLB, THOMAS MOATS, DONALD BRADLEY ALLEN, JOSHUA BELTZ, ERIC OSWALD, ISAAC STUTES, JULI ANDERSON, DREW DELOZIER and CARLY PETERS |
| WASHINGTON DEPARTMENT OF FISH & WILDLIFE, KELLY SUSEWIND, AMY WINDROPE, LONNIE SPIKES, STEVE BEAR and CRAIG BURLEY |
| 25-4763 |
| July 29, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Jobs |
Docket Report
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| Filing 29 TEXT ORDER FILED. The motion (Docket Entry No. 28) for an extension of time to file the reply brief is granted. The optional reply brief is due March 13, 2026. [Entered: 01/15/2026 01:17 PM] |
| Filing 28 MOTION to Extend Time to File Brief filed by Appellant Paul Cherry, Appellant Linda Lopez, Appellant Stephen J. Anderson, Appellant Charles Frady, Appellant Trenton DeBoer. [Entered: 01/08/2026 01:53 PM] |
| Filing 27 CLERK ACTION: Answering Brief submitted at DE 26 by Appellees is filed. No paper copies are required. [Entered: 12/23/2025 10:52 AM] |
| Filing 26 ANSWERING BRIEF submitted for filing by Appellee Washington Department of Fish & Wildlife, Appellee Kelly Susewind, Appellee Amy Windrope, Appellee Lonnie Spikes, Appellee Steve Bear, Appellee Craig Burley. [Entered: 12/22/2025 05:55 PM] |
Filing 25
ORDER FILED. The motion (Docket Entry No. 24) for an extension of time to file the answering brief is granted. The answering brief is due December 22, 2025. The optional reply brief is due 21 days after the answering brief is served. [Entered: 11/24/2025 12:27 PM]
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| Filing 24 MOTION to Extend Time to File Brief filed by Appellee Washington Department of Fish & Wildlife, Appellee Kelly Susewind, Appellee Amy Windrope, Appellee Lonnie Spikes, Appellee Steve Bear, Appellee Craig Burley. [Entered: 11/19/2025 04:55 PM] |
| Filing 23 Paper copies (6) of Opening Brief submitted at DE 16 by Appellants received. [Entered: 11/03/2025 01:07 PM] |
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Filing 22
ORDER FILED. The briefing schedule is amended as follows: The answering brief is due December 8, 2025. The optional reply brief is due 21 days after the answering brief is served. Appellees streamlined request (Docket Entry No. 20) for an extension of time to file the answering brief is denied because appellees requested a previous extension of time. Appellees must file a motion. [Entered: 10/30/2025 02:58 PM]
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Filing 21
ORDER FILED. Opening Brief submitted at DE 16 by Appellants is filed. Appellants must file 6 copies of the brief in paper format securely bound on the left side with blue 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 addressed to the Clerks principal office and mailed or transmitted to a delivery service within 7 days of this order. [Entered: 10/30/2025 02:09 PM]
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| Filing 20 Streamlined Request for Extension of Time to File Brief filed by Appellee Washington Department of Fish & Wildlife, Appellee Kelly Susewind, Appellee Amy Windrope, Appellee Lonnie Spikes, Appellee Steve Bear, Appellee Craig Burley. [Entered: 10/30/2025 10:55 AM] |
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Filing 19
ORDER FILED. The motion (Docket Entry No. 15) to file a replacement opening brief is granted. The clerk will strike the opening brief at Docket Entry No. 11 and file the replacement opening brief at Docket Entry No. 16. The answering brief is now due November 24, 2025. The optional reply brief is due 21 days after the answering brief is served. [Entered: 10/30/2025 05:36 AM]
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Filing 18
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 17) granted. Amended briefing schedule: Answering Brief Due (Appellee) 12/8/2025. 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: 10/28/2025 01:07 PM]
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| Filing 17 Streamlined Request for Extension of Time to File Brief filed by Appellee Washington Department of Fish & Wildlife, Appellee Kelly Susewind, Appellee Amy Windrope, Appellee Lonnie Spikes, Appellee Steve Bear, Appellee Craig Burley. [Entered: 10/28/2025 11:41 AM] |
| Filing 16 OPENING BRIEF submitted for filing by Appellant Paul Cherry, Appellant Linda Lopez, Appellant Stephen J. Anderson, Appellant Charles Frady, Appellant Trenton DeBoer.--[court entered filing to correct DE 15] [Entered: 10/14/2025 01:05 PM] |
| Filing 15 MOTION to File Replacement Brief filed by Appellant Paul Cherry, Appellant Linda Lopez, Appellant Stephen J. Anderson, Appellant Charles Frady, Appellant Trenton DeBoer.--[court update: removed PDF of brief, re-entered correctly in DE 16] [Entered: 10/13/2025 04:01 PM] [Edited: 10/14/2025 01:06 PM] |
| Filing 14 ADDED Counsel for Appellee Kevin J. Kennedy [Entered: 10/09/2025 02:06 PM] |
| Filing 13 NOTICE OF APPEARANCE by Kevin J. Kennedy for Appellee Amy Windrope, Appellee Craig Burley, Appellee Kelly Susewind, Appellee Lonnie Spikes, Appellee Steve Bear, Appellee Washington Department of Fish & Wildlife. [Entered: 10/09/2025 01:47 PM] |
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Filing 12
ORDER FILED. The Court sua sponte grants Appellants a 1 day extension of time to file the opening brief, which was not timely submitted. Opening Brief submitted at DE 11 by Appellants is filed. Appellant must file 6 copies of the brief in paper format securely bound on the left side with blue 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 addressed to the Clerks principal office and mailed or transmitted to a delivery service within 7 days of this order. The Excerpts of Record submitted at DE 10 by Appellants are filed. No paper copies of the excerpts are required at this time. The existing briefing schedule remains in effect. [Entered: 10/09/2025 11:47 AM]
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| Filing 11 STRICKEN PER DE [19] -- OPENING BRIEF submitted for filing by Appellant Paul Cherry, Appellant Linda Lopez, Appellant Stephen J. Anderson, Appellant Charles Frady, Appellant Trenton DeBoer. [Entered: 10/09/2025 01:02 AM] [Edited: 10/30/2025 05:41 AM] |
| Filing 10 EXCERPTS OF RECORD submitted for filing by Appellant Paul Cherry, Appellant Linda Lopez, Appellant Stephen J. Anderson, Appellant Charles Frady, Appellant Trenton DeBoer. [Entered: 10/08/2025 02:01 PM] |
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Filing 9
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 8) granted. Amended briefing schedule: Opening Brief Due (Appellant) 10/8/2025, Answering Brief Due (Appellee) 11/7/2025. 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: 08/20/2025 09:23 AM]
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| Filing 8 Streamlined Request for Extension of Time to File Brief filed by Appellant Paul Cherry, Appellant Linda Lopez, Appellant Stephen J. Anderson, Appellant Charles Frady, Appellant Trenton DeBoer. [Entered: 08/19/2025 02:27 PM] |
| Filing 7 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. The briefing schedule previously set by the court remains in effect. [Entered: 08/13/2025 10:48 AM] |
| Filing 6 ADDED Counsel for Appellee Zachary J. Pekelis [Entered: 08/08/2025 02:17 PM] |
| Filing 5 NOTICE OF APPEARANCE by Zachary J. Pekelis for Appellee Amy Windrope, Appellee Craig Burley, Appellee Kelly Susewind, Appellee Lonnie Spikes, Appellee Steve Bear, Appellee Washington Department of Fish & Wildlife. [Entered: 08/08/2025 01:42 PM] |
| Filing 4 MEDIATION ORDER: By 8/12/2025, 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: 08/05/2025 02:21 PM] |
| Filing 3 MEDIATION QUESTIONNAIRE filed by Appellant Paul Cherry, Appellant Linda Lopez, Appellant Stephen J. Anderson, Appellant Charles Frady, Appellant Trenton DeBoer. 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: 08/04/2025 02:41 PM] |
| 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. 25-4763, 3:23-cv-05077-DGE. 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: 07/29/2025 04:40 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:23-cv-05077-DGE 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 25-4763 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: 07/29/2025 04:23 PM] |
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