Case Details

CourtCourt of Appeals for the Ninth Circuit
Docket number14-36049
Date case filed2014-12-10
Date case closed
Date of latest filing
Assigned to
Case cause
Nature of suit2440 Other Civil Rights
Jury demand
Demand
Jurisdiction

Case Parties

None listed

Case Docket

Docket
Item
Date FiledDocument
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Short
Description
Long Description
112/10/2014 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 12/17/2014. Transcript ordered by 01/09/2015. Transcript due 02/09/2015. Appellants Thomas Bostick, Andrew D. Kelly, John S. Kem, John McHugh and U.S. Army Corps of Engineers opening brief due 03/20/2015. Appellees Alan C. Baker and Elizabeth Morris answering brief due 04/20/2015. Appellant's optional reply brief is due 14 days after service of the answering brief. [9344605] (IV) [Entered: 12/10/2014 03:41 PM]
1.1 Docketing Letter
1.2 Mediation Questionnaire
1.3 Case Opening Packet
212/11/2014 Filed (ECF) notice of appearance of Michael S. Raab for Appellants Thomas Bostick, Andrew D. Kelly, John S. Kem, John McHugh and U.S. Army Corps of Engineers. Date of service: 12/11/2004. [9345666] [14-36049] (MR) [Entered: 12/11/2014 11:54 AM]
412/11/2014 Filed (ECF) notice of appearance of Abby Christine Wright for Appellants Thomas Bostick, Andrew D. Kelly, John S. Kem, John McHugh and U.S. Army Corps of Engineers. Date of service: 12/11/2014. [9345938] [14-36049] (ACW) [Entered: 12/11/2014 01:20 PM]
612/12/2014 Filed (ECF) Appellants Thomas Bostick, Andrew D. Kelly, John S. Kem, John McHugh and U.S. Army Corps of Engineers Mediation Questionnaire. Date of service: 12/12/2014. [9347304] [14-36049] (ACW) [Entered: 12/12/2014 11:20 AM]
712/15/2014 Filed (ECF) notice of appearance of Steven J. Lechner for Appellees Alan C. Baker and Elizabeth Morris. Date of service: 12/15/2014. [9350032] [14-36049] (SJL) [Entered: 12/15/2014 03:06 PM]
812/29/2014 MEDIATION CONFERENCE SCHEDULED - The court has scheduled a telephone Assessment Conference, 02/03/2015, 11:00 a.m. PACIFIC Time. The Circuit Mediator will initiate the conference call by contacting each person on the attached list. Please be available for the call at least five minutes before the scheduled time. Counsel should review the attached list and inform the Mediation Assistant by email at least 72 hours in advance of the scheduled call of any corrections to the list....The briefing schedule previously set by the court remains in effect. [9363355] (BS) [Entered: 12/29/2014 10:15 AM]
901/13/2015 Filed (ECF) Appellees Alan C. Baker and Elizabeth Morris Unopposed Motion for miscellaneous relief [Motion to Amend Caption to Reflect a Name Change]. Date of service: 01/13/2015. [9380607] [14-36049] (SJL) [Entered: 01/13/2015 02:00 PM]
1001/14/2015 Filed clerk order (Deputy Clerk: AMT): Appelleesâ unopposed motion to amend the caption is granted. The clerk shall amend court records to reflect appellee as Elizabeth E. Nesbitt, fka Elizabeth Morris. The opening brief remains due March 20, 2015. [9381877] (WL) [Entered: 01/14/2015 10:32 AM]
1302/06/2015 Filed order MEDIATION (CLB): This appeal is not selected for inclusion in the Mediation Program. All further inquiries regarding this appeal, including requests for extensions of time, should be directed to the Clerkâs office.[9411973] (WL) [Entered: 02/06/2015 10:35 AM]
1404/17/2015 Submitted (ECF) Opening Brief and excerpts of record for review. Submitted by Appellants U.S. Army Corps of Engineers, John McHugh, John S. Kem, Andrew D. Kelly and Thomas Bostick. Date of service: 04/17/2015. [9499839] [14-36049] (ACW) [Entered: 04/17/2015 11:30 AM]
14.1 Brief
14.2 Excerpts
1504/17/2015 Filed clerk order: The opening brief [ 14 ] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the excerpts of record [ 14 ] submitted by appellants. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [9500632] (KT) [Entered: 04/17/2015 04:36 PM]
2006/01/2015 Filed (ECF) Appellees Alan C. Baker and Elizabeth E. Nesbitt Unopposed Motion to extend time to file Answering brief until 07/08/2015. Date of service: 06/01/2015. [9556321] [14-36049] (SJL) [Entered: 06/01/2015 10:36 AM]
2106/01/2015 Filed clerk order (Deputy Clerk: amt): Granting unopposed (ECF Filing) motion to extend time to file the answering brief. The answering brief and supplemental excerpts of record are due 07/08/2015. The optional reply brief is due 14 days after service of the answering brief. [9557297] [14-36049] (AT) [Entered: 06/01/2015 03:37 PM]
2207/08/2015 Submitted (ECF) Answering Brief and supplemental excerpts of record for review. Submitted by Appellees Alan C. Baker and Elizabeth E. Nesbitt. Date of service: 07/08/2015. [9603644] [14-36049] --[COURT UPDATE: Attached corrected brief. 07/10/2015 by TYL] (SJL) [Entered: 07/08/2015 05:20 PM]
22.1 Main Document
22.2 Additional Document
2507/10/2015 Filed (ECF) Appellees Alan C. Baker and Elizabeth E. Nesbitt Unopposed Motion to take judicial notice of Facts regarding Dworshak Dam and Reservoir and the population of the State of Idaho. Date of service: 07/10/2015. [9606178] [14-36049] (SJL) [Entered: 07/10/2015 01:42 PM]
2607/10/2015 Filed clerk order: The answering brief [ 22 ] submitted by Alan C. Baker and Elizabeth E. Nesbitt is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the supplemental excerpts of record [ 22 ] submitted by Alan C. Baker and Elizabeth E. Nesbitt. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [9606405] (KT) [Entered: 07/10/2015 02:55 PM]
2707/13/2015 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by GeorgiaCarry.Org, Inc.. Date of service: 07/13/2015. [9606939] [14-36049] (JRM) [Entered: 07/13/2015 08:22 AM]
292015-07-13 Filed clerk order: The amicus brief [27] submitted by GeorgiaCarry.Org, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9608275] (LA) [Entered: 07/13/2015 02:53 PM]
302015-07-15 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Brief of National Rifle Association of America, Inc., and California Rifle and Pistol Association as Amici Curiae in Support of Appellees and Affirmance. Date of service: 07/15/2015. [9611865] [14-36049] (Michel, Carl) [Entered: 07/15/2015 10:31 PM]
322015-07-16 Filed clerk order: The amicus brief [30] submitted by NRA and California Rifle and Pistol Association is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9612386] (LA) [Entered: 07/16/2015 11:20 AM]
372015-08-12 Submitted (ECF) Reply Brief for review. Submitted by Appellants U.S. Army Corps of Engineers, John McHugh, John S. Kem, Andrew D. Kelly and Thomas Bostick. Date of service: 08/12/2015. [9644252] [14-36049] (Wright, Abby) [Entered: 08/12/2015 11:41 AM]
382015-08-12 Filed clerk order: The reply brief [37] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9644827] (KT) [Entered: 08/12/2015 02:42 PM]
442017-01-03 Filed (ECF) Acknowledgment of hearing notice. Location: Seattle. Filed by Attorney Ms. Abby Christine Wright for Appellants Thomas Bostick, Andrew D. Kelly, John S. Kem, John McHugh and U.S. Army Corps of Engineers. [10251600] [14-36049] (Wright, Abby) [Entered: 01/03/2017 09:12 AM]
452017-01-03 Filed (ECF) Acknowledgment of hearing notice. Location: Seattle. Filed by Attorney Steven J. Lechner for Appellees Alan C. Baker and Elizabeth E. Nesbitt. [10252119] [14-36049] (Lechner, Steven) [Entered: 01/03/2017 11:55 AM]