Oceana, Inc. v. National Marine Fisheries Service, et al.
| OCEANA, INC. |
| NATIONAL MARINE FISHERIES SERVICE, UNITED STATES DEPARTMENT OF COMMERCE, HOWARD W. LUTNICK, in his official capacity as the United States Secretary of Commerce, substituted for Gina M. Raimondo and SAMUEL D. RAUCH, III, in their official capacity as Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service |
| AT-SEA PROCESSORS ASSOCIATION, ALASKA GROUNDFISH DATA BANK and GROUNDFISH FORUM, INC. |
| 25-7689 |
| December 9, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Environmental Matters |
Docket Report
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| Filing 32 NOTICE OF ORAL ARGUMENT on Monday, August 10, 2026 - 09:00 A.M. - AK Ross Historic Courtroom - Scheduled Location: Anchorage OldFedBldg AK View the Oral Argument Calendar for your case #here. NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you are expected to appear in person at the Courthouse. If an in person appearance would pose a hardship, you must file a motion for permission to appear remotely by video, using ACMS filing type Motion to Appear Remotely for Oral Argument. Such a motion must be filed within 7 days of this notice, absent exigent circumstances. Please note that if you do file a motion to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to justify that request in your motion and receive explicit permission to do so. Be sure to review the #GUIDELINES for important information about your hearing. If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in ACMS no later than 28 days before the hearing date. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [25-7689] [Entered: 05/31/2026 12:02 PM] |
Filing 31
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 30) granted. Amended briefing schedule: Optional Reply Brief due 7/13/2026. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 05/26/2026 02:17 PM]
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| Filing 30 Streamlined Request for Extension of Time to File Brief filed by Appellant Oceana, Inc.. [Entered: 05/26/2026 01:52 PM] |
| Filing 29 CLERK ACTION: Answering Brief submitted at DE 28 by Appellees At-Sea Processors Association, et al. is filed. No paper copies are required.--[COURT UPDATE: Updated docket text to correct link to brief and filing parties] [Entered: 05/22/2026 02:26 PM] [Edited: 05/26/2026 02:52 PM] |
| Filing 28 ANSWERING BRIEF submitted for filing by Appellee At-Sea Processors Association, Appellee Alaska Groundfish Data Bank, Appellee Groundfish Forum, Inc.. [Entered: 05/22/2026 02:20 PM] |
| Filing 27 CLERK ACTION: Answering Brief and Excerpts of Record submitted at DE 25, DE 26 by Joint Appellee Howard W. Lutnick, Appellee National Marine Fisheries Service, Appellee Samuel D. Rauch, III, Appellee United States Department of Commerce are filed. No paper copies are required. [Entered: 05/22/2026 12:41 PM] |
| Filing 26 EXCERPTS OF RECORD submitted for filing by Appellee National Marine Fisheries Service, Appellee United States Department of Commerce, Appellee Howard W. Lutnick, Appellee Samuel D. Rauch, III. [Entered: 05/22/2026 12:25 PM] |
| Filing 25 ANSWERING BRIEF submitted for filing by Appellee National Marine Fisheries Service, Appellee United States Department of Commerce, Appellee Howard W. Lutnick, Appellee Samuel D. Rauch, III. [Entered: 05/22/2026 12:20 PM] |
| Filing 24 RESPONSE to notice of case being considered for oral argument filed by Amy Collier. [Entered: 05/04/2026 02:00 PM] |
| Filing 23 STATUS REPORT filed by Appellant Oceana, Inc.. [Entered: 05/04/2026 11:52 AM] |
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Filing 22
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 21) denied as unnecessary. It is unnecessary because it is premature. The answering brief due (appellees) 5/29/2026, has not been filed. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 04/30/2026 11:35 AM]
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| Filing 21 Streamlined Request for Extension of Time to File Brief filed by Appellant Oceana, Inc.. [Entered: 04/30/2026 10:37 AM] |
| Filing 20 NOTICE: This case is being considered for an upcoming oral argument calendar in Anchorage. Please review the Anchorage sitting dates for August 2026 at #http://www.ca9.uscourts.gov/court_sessions. Absent an irreconcilable conflict, the court expects you to appear and argue your case during this month. 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. [Case List] [Entered: 04/29/2026 09:18 AM] |
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Filing 19
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 18) granted. Amended briefing schedule FOR ALL APPELLEES: Answering Brief Due (Appellee) 5/29/2026. 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: 04/17/2026 03:10 PM]
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| Filing 18 Streamlined Request for Extension of Time to File Brief filed by Appellee National Marine Fisheries Service, Appellee United States Department of Commerce, Appellee Howard W. Lutnick, Appellee Samuel D. Rauch, III. [Entered: 04/17/2026 02:24 PM] |
| Filing 17 Attorney Amy Collier as Counsel for Appellee substituted for Attorney Ezekiel Peterson. [Entered: 04/15/2026 02:58 PM] |
| Filing 16 NOTICE OF APPEARANCE by Amy Collier for Appellee Howard W. Lutnick, Appellee National Marine Fisheries Service, Appellee Samuel D. Rauch, III, Appellee United States Department of Commerce replacing Ezekiel Peterson. [Entered: 04/15/2026 02:48 PM] |
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Filing 15
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 14) granted. Amended briefing schedule FOR ALL APPELLEES: Answering Brief Due (Appellee) 4/29/2026. 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: 03/09/2026 02:30 PM]
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| Filing 14 Streamlined Request for Extension of Time to File Brief filed by Appellee At-Sea Processors Association, Appellee Alaska Groundfish Data Bank, Appellee Groundfish Forum, Inc.. [Entered: 03/09/2026 11:48 AM] |
| Filing 13 CLERK ACTION: Opening Brief submitted at DE 11 and Excerpts of Record at DE 12 by Appellant Oceana, Inc. are filed. No paper copies are required. [Entered: 02/27/2026 08:38 AM] |
| Filing 12 EXCERPTS OF RECORD submitted for filing by Appellant Oceana, Inc.. [Entered: 02/26/2026 06:24 PM] |
| Filing 11 OPENING BRIEF submitted for filing by Appellant Oceana, Inc.. [Entered: 02/26/2026 06:16 PM] |
| Filing 10 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Oceana, Inc.. [Entered: 02/10/2026 02:53 PM] |
| Filing 9 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: 01/14/2026 04:24 PM] |
| Filing 8 ADDED Counsel for Appellee Ezekiel Peterson [Entered: 01/13/2026 08:54 AM] |
| Filing 7 NOTICE OF APPEARANCE by Ezekiel Peterson for Appellee Howard W. Lutnick, Appellee National Marine Fisheries Service, Appellee Samuel D. Rauch, III, Appellee United States Department of Commerce. [Entered: 01/13/2026 07:58 AM] |
| Filing 6 TERMINATED participation of Counsel for Appellee Jennifer A. Sundook, representing Appellee Howard W. Lutnick, Appellee National Marine Fisheries Service, Appellee Samuel D. Rauch, III, Appellee United States Department of Commerce. Attorney not admitted to practice in this court. Parties have other counsel. [Entered: 12/22/2025 04:46 PM] |
| Filing 5 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee At-Sea Processors Association, Appellee Alaska Groundfish Data Bank, Appellee Groundfish Forum, Inc.. [Entered: 12/19/2025 01:01 PM] |
| Filing 4 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 1/14/2026, 1:30 p.m. PACIFIC Time. See order for instructions and details. [Entered: 12/16/2025 02:40 PM] |
| Filing 3 MEDIATION QUESTIONNAIRE filed by Appellant Oceana, 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: 12/15/2025 03:21 PM] |
| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 12/15/2025, Appeal Transcript Order Due (Appellant) 12/19/2025, Appeal Transcript Due (Appellant) 1/20/2026, Appeal Opening Brief Due (Appellant) 2/26/2026, Appeal Answering Brief Due (Appellee) 3/30/2026.. For appeal no. 25-7689, 3:24-cv-00180-SLG. 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: docket text error for due date of opening briefs; docket text updated to reflect opening brief is due 2/26/2026, as reflected in the PDF scheduling notice]. [Entered: 12/09/2025 09:49 AM] [Edited: 01/28/2026 11:17 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:24-cv-00180-SLG 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 25-7689 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: 12/09/2025 09:44 AM] |
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