State of California, et al. v. United States Department of the Interior, et al.
| STATE OF CALIFORNIA and GAVIN NEWSOM, GOVERNOR OF CALIFORNIA |
| UNITED STATES DEPARTMENT OF THE INTERIOR, DOUG BURGUM, Secretary of the U.S. Department of Interior, SCOTT DAVIS, Acting Assistant Secretary for Indian Affairs, TONY DEARMAN, Director of Indian Education, United States Department of the Interior and AMY DUTSCHKE, Regional Director, Pacific Region, United States Bureau of Indian Affairs |
| KOI NATION OF NORTHERN CALIFORNIA, Proposed Intervenor |
| 25-7171 |
| November 13, 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 May 8, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 31 RESPONSE to Motion for Judicial Notice (DE 30) filed by Appellee State of California, Appellee Gavin Newsom. [COURT ENTERED FILING to correct DE 32, 33.] [25-6860, 25-7171] [Entered: 05/08/2026 10:41 AM] |
| Filing 30 DEFECTIVE --- MOTION for Judicial Notice filed by Appellant State of California, Appellant Gavin Newsom. [Wrong filing type, correct entry is DE 34.] [25-7171, 25-6860] [Entered: 05/08/2026 10:25 AM] [Edited: 05/08/2026 10:42 AM] |
| Filing 29 DEFECTIVE --- MOTION for Judicial Notice filed by Appellee State of California, Appellee Gavin Newsom. [Wrong filing type, correct entry is DE 34.] [25-6860, 25-7171] [Entered: 05/08/2026 10:20 AM] [Edited: 05/08/2026 10:41 AM] |
| Filing 28 CLERK ACTION: First Brief on Cross-Appeal with Excerpts of Record submitted at DE 25, DE 26 by Appellant Koi Nation of Northern California, Appellee Koi Nation of Northern California are filed. No paper copies are required. [25-6860, 25-7171] [Entered: 04/29/2026 04:50 PM] |
| Filing 27 MOTION for Judicial Notice filed by Appellant Koi Nation of Northern California. [25-6860, 25-7171] [Entered: 04/28/2026 03:05 PM] |
| Filing 26 EXCERPTS OF RECORD submitted for filing by Appellant Koi Nation of Northern California. [25-6860, 25-7171]--[COURT UPDATE: Corrected PDFs of Index Vol and Vol 3 attached as of 4/29/2026, REPLACING original attachments] [Entered: 04/28/2026 02:41 PM] [Edited: 04/29/2026 04:49 PM] |
| Filing 25 FIRST BRIEF ON CROSS-APPEAL submitted for filing by Appellant Koi Nation of Northern California. [25-6860, 25-7171]--[COURT UPDATE: Corrected PDF attached as of 4/29/2026, REPLACING original attachment] [Entered: 04/28/2026 02:38 PM] [Edited: 04/29/2026 04:48 PM] |
Filing 24
ORDER FILED. The motion (Docket Entry No. 25) for an extension of time to file the first brief on cross-appeal is granted. The first brief on cross-appeal is due April 28, 2026. The second brief on cross-appeal is due May 28, 2026. The third brief on cross-appeal is due June 29, 2026. The optional cross-appeal reply brief is due 21 days after the third brief on cross-appeal is served. [25-6860, 25-7171] [Entered: 03/05/2026 11:59 AM]
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| Filing 23 RESPONSE to Motion to Extend Time to File Brief (DE 25) filed by Appellee State of California, Appellee Gavin Newsom. [25-6860, 25-7171] [Entered: 02/24/2026 06:13 PM] |
| Filing 22 MOTION to Extend Time to File Brief filed by Appellant Koi Nation of Northern California. [25-6860, 25-7171] [Entered: 02/20/2026 05:26 PM] |
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Filing 21
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 20) granted, Streamlined Request for Extension of Time to File Brief (DE 23) granted. Amended briefing schedule: Cross Appeal First Brief Due 2/27/2026, Cross Appeal Second Brief Due 3/30/2026, Cross Appeal Third Brief Due 4/29/2026. Optional Cross Appeal Reply Brief due 21 days after service of the Third Brief on Cross Appeal. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [25-6860, 25-7171] [Entered: 01/28/2026 09:26 AM]
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| Filing 20 Streamlined Request for Extension of Time to File Brief filed by Appellant Koi Nation of Northern California. [25-6860, 25-7171] [Entered: 01/27/2026 08:10 AM] |
| Filing 19 ADDED Counsel for Appellant Emilie Miner [25-6860, 25-7171] [Entered: 12/29/2025 02:04 PM] |
| Filing 18 NOTICE OF APPEARANCE by Emilie Miner for Appellant Koi Nation of Northern California. [25-6860, 25-7171] [Entered: 12/23/2025 08:32 PM] |
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Filing 17
ORDER FILED. Richard R. CLIFTON, Andrew D. HURWITZ, Daniel A. BRESS The motion (Docket Entry No. 11) to dismiss appeal No. 25-6860 for lack of jurisdiction is denied without prejudice to renewing the arguments in the second brief on cross-appeal. See Natl Indus. v. Republic Natl Life Ins. Co., 677 F.2d 1258, 1262 (9th Cir. 1982) (merits panel may consider appellate jurisdiction despite earlier denial of motion to dismiss). The motion (Docket Entry No. 3) to stay appellate proceedings is denied. The first brief on cross-appeal is due January 28, 2026. The second brief on cross-appeal is due February 27, 2026. The third brief on cross-appeal is due March 30, 2026. The optional cross-appeal reply brief is due 21 days after the third brief on cross-appeal is served. [25-6860, 25-7171] [Entered: 12/18/2025 11:17 AM]
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| Filing 16 REPLY to Response to Motion to Dismiss (DE 18) filed by Appellee State of California, Appellee Gavin Newsom. [25-6860, 25-7171] [Entered: 12/02/2025 04:38 PM] |
| Filing 15 RESPONSE to Motion to Dismiss (DE 11) filed by Appellant Koi Nation of Northern California. [25-6860, 25-7171] [Entered: 11/25/2025 09:10 PM] |
| Filing 14 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. [25-6860, 25-7171] [Entered: 11/19/2025 01:17 PM] |
| Filing 13 ADDED Counsel for Appellant Hagan Scotten [25-6860, 25-7171] [Entered: 11/18/2025 01:34 PM] |
| Filing 12 Attorney Daniel Halainen as Counsel for Appellee substituted for Attorney . [25-6860, 25-7171] [Entered: 11/18/2025 01:31 PM] |
| Filing 11 NOTICE OF APPEARANCE by Daniel Halainen for Appellee Amy Dutschke, Appellee Doug Burgum, Appellee Scott Davis, Appellee Tony Dearman, Appellee United States Department of the Interior replacing Cody McBride. [25-6860, 25-7171] [Entered: 11/18/2025 12:23 PM] |
| Filing 10 NOTICE OF APPEARANCE by Hagan Scotten for Appellant Koi Nation of Northern California. [25-6860, 25-7171] [Entered: 11/18/2025 12:18 PM] |
| Filing 9 NOTICE OF APPEARANCE by Joshua Yasmeh for Appellant Koi Nation of Northern California. [25-6860, 25-7171] [Entered: 11/18/2025 12:09 PM] |
| Filing 8 MOTION to Dismiss filed by Appellant State of California, Appellant Gavin Newsom. [25-7171, 25-6860] [Entered: 11/18/2025 12:02 PM] |
| Filing 7 ADDED Counsel for Appellant Joshua Yasmeh [25-6860, 25-7171] [Entered: 11/18/2025 11:48 AM] |
| Filing 6 MEDIATION QUESTIONNAIRE filed by Appellee State of California, Appellee Gavin Newsom. [COURT UPDATE: Attached flattened PDF of mediation questionnaire.] 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. [25-6860, 25-7171] [Entered: 11/18/2025 11:47 AM] [Edited: 11/18/2025 01:39 PM] |
| Filing 5 NOTICE OF APPEARANCE by Joshua Yasmeh for Appellant Koi Nation of Northern California. [25-6860, 25-7171] [Entered: 11/18/2025 11:43 AM] |
| Filing 4 REPLY to Response to Motion to Stay Proceedings in this Court (DE 4) filed by Appellant Koi Nation of Northern California. [25-6860, 25-7171] [Entered: 11/17/2025 06:13 PM] |
| Filing 3 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 04:58 PM] |
| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 11/18/2025, Cross Appeal First Brief Due (Appellee) 1/20/2026, Cross Appeal Second Brief Due (Appellant) 2/20/2026, Cross Appeal Third Brief Due (Appellee) 3/30/2026. For appeal no. 25-7171, 3:25-cv-03850-RFL. 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 [25-7171, 25-6860] [Entered: 11/13/2025 03:36 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:25-cv-03850-RFL 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 25-7171 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: 11/13/2025 03:29 PM] |
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| Search for this case: State of California, et al. v. United States Department of the Interior, et al. | |
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| Plaintiff: STATE OF CALIFORNIA | |
| Represented By: | Lisa L. Freund |
| Represented By: | Mr. Jeremy Stevens, I |
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| Plaintiff: GAVIN NEWSOM, GOVERNOR OF CALIFORNIA | |
| Represented By: | Lisa L. Freund |
| Represented By: | Mr. Jeremy Stevens, I |
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| Defendant: UNITED STATES DEPARTMENT OF THE INTERIOR | |
| Represented By: | Daniel Halainen |
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| Defendant: DOUG BURGUM, Secretary of the U.S. Department of Interior | |
| Represented By: | Daniel Halainen |
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| Defendant: SCOTT DAVIS, Acting Assistant Secretary for Indian Affairs | |
| Represented By: | Daniel Halainen |
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| Defendant: TONY DEARMAN, Director of Indian Education, United States Department of the Interior | |
| Represented By: | Daniel Halainen |
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| Defendant: AMY DUTSCHKE, Regional Director, Pacific Region, United States Bureau of Indian Affairs | |
| Represented By: | Daniel Halainen |
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| Appellee: KOI NATION OF NORTHERN CALIFORNIA, Proposed Intervenor | |
| Represented By: | Mr. Rajan Trehan |
| Represented By: | Mr. Michael M. Purpura |
| Represented By: | Mr. Bram M. Alden |
| Represented By: | Hagan Scotten |
| Represented By: | Emilie Miner |
| Represented By: | Mr. Joshua Yasmeh |
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