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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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]
492017-02-08 Filed (ECF) Acknowledgment of hearing notice. Location: Seattle. Filed by Attorney Mr. Patrick G. Nemeroff for Appellants Thomas Bostick, Andrew D. Kelly, John S. Kem, John McHugh and U.S. Army Corps of Engineers. [10306552] [14-36049] (Nemeroff, Patrick) [Entered: 02/08/2017 07:28 AM]
502017-02-16 Filed (ECF) Appellees Alan C. Baker and Elizabeth E. Nesbitt citation of supplemental authorities. Date of service: 02/16/2017. [10322769] [14-36049] (Lechner, Steven) [Entered: 02/16/2017 01:49 PM]
512017-03-02 Filed (ECF) Appellants Thomas Bostick, Andrew D. Kelly, John S. Kem, John McHugh and U.S. Army Corps of Engineers EMERGENCY Motion to refer case to mediation. Date of service: 03/02/2017. [10339766] [14-36049] (Wright, Abby) [Entered: 03/02/2017 09:47 AM]
522017-03-02 Filed order (SUSAN P. GRABER, SANDRA S. IKUTA and ANDREW D. HURWITZ) The parties shall be prepared to discuss, at oral argument, whether Plaintiffs have standing. See San Diego Cty. Gun Rights Comm. v. Reno, 98 F.3d 1121, 1126 (9th Cir. 1996) ("As the parties invoking federal jurisdiction, plaintiffs bear the burden of establishing their standing to sue."); id. ("To assert standing on [the basis of a threat of prosecution], plaintiffs must show a genuine threat of imminent prosecution under the [challenged law]." (internal quotation marks omitted)); id. at 1126–29 (looking to the definitiveness of the plaintiffs’ plans, any "specific threat of prosecution," and any "history of prosecutions" under the challenged law); see also Parker v. District of Columbia, 478 F.3d 370, 376 (D.C. Cir. 2007) ("We have consistently treated a license or permit denial pursuant to a state or federal administrative scheme as an Article III injury."). [10339920] (WL) [Entered: 03/02/2017 10:34 AM]
532017-03-03 Filed order (SUSAN P. GRABER, SANDRA S. IKUTA and ANDREW D. HURWITZ) Appellants’ Unopposed Emergency Motion, filed March 2, 2017, is GRANTED. The appeal is referred to the Mediation Office, and its submission is deferred pending further order of the court. The Circuit Mediator will contact the parties to schedule mediation and shall provide a status report to the panel within 60 days following this order. The parties shall provide a status update to the panel on or before April 2, 2017. [10341520] (WL) [Entered: 03/03/2017 08:41 AM]
562017-03-15 Filed order MEDIATION (BS): Pursuant to this court's order, this appeal has been referred to the Mediation Program. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. The court has scheduled a telephone conference, with counsel only, on the date and time indicated above. Chief Circuit Mediator Claudia L. Bernard will initiate the conference call by contacting each attorney on the attached list of participants at the telephone number listed. 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 ([email protected]) of any corrections to the list. Please notify Chief Circuit Mediator Claudia L. Bernard immediately by email ([email protected]) if counsel has an unavoidable scheduling conflict. Please copy all counsel on any such communications. All discussions that take place in the context of the conference are strictly confidential. See Circuit Rule 33-1. For more detailed information about the conference, confidentiality, the Mediation Program and its procedures generally, please see the attachment to this order and the Mediation Program web page: www.ca9.uscourts.gov/mediation. (SEE ORDER FOR FULL TEXT) [10356931] (OC) [Entered: 03/15/2017 09:26 AM]
572017-03-29 Filed (ECF) Appellants Thomas Bostick, Andrew D. Kelly, John S. Kem, John McHugh and U.S. Army Corps of Engineers status report (as required by Court order dated 03/03/2017). Date of service: 03/29/2017 [10375439] [14-36049] (Wright, Abby) [Entered: 03/29/2017 07:08 AM]
582017-03-29 MEDIATION CONFERENCE SCHEDULED - Further Conference, 04/12/2017, 1:00 p.m. Pacific Time. See order for details. [10376336] (BS) [Entered: 03/29/2017 03:22 PM]
592017-04-18 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference, 05/03/2017, 10:00 a.m. Pacific Time. See order for details. [10400362] (BS) [Entered: 04/18/2017 11:24 AM]
602017-05-05 Filed order MEDIATION (CLB): A dial-in telephone conference will be held on June 7, 2017, at 11:00 a.m. Pacific Time. Counsel should note that this is a different date and time than that discussed at the telephone conference on May 3, 2017. Each participant will receive an email with dial-in information. [10423567] (JMR) [Entered: 05/05/2017 11:06 AM]
612017-05-08 MEDIATION CONFERENCE RESCHEDULED - DIAL-IN Conference, 06/08/2017, 11:00 a.m. Pacific Time. (originally scheduled on 06/07/2017 ). [10426304] (BS) [Entered: 05/08/2017 03:45 PM]
622017-06-12 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference, 07/10/2017, 10:00 a.m. Pacific Time. See order for details. [10469871] (BS) [Entered: 06/12/2017 03:51 PM]
632017-07-11 MEDIATION CONFERENCE SCHEDULED - Further Conference, 08/07/2017, 2:00 p.m. Pacific Time. See order for details. [10505205] (BS) [Entered: 07/11/2017 05:25 PM]
642017-08-01 MEDIATION CONFERENCE RESCHEDULED - DIAL-IN Conference, 08/07/2017, 1:00 p.m. Pacific Time. (original time 2:00 p.m.). [10528856] (BS) [Entered: 08/01/2017 12:42 PM]
652017-08-08 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference, 08/28/2017, 1:00 p.m. Pacific Time. See order for details. [10537105] (BS) [Entered: 08/08/2017 12:47 PM]
662017-08-28 MEDIATION CONFERENCE RESCHEDULED - DIAL-IN Conference, 09/06/2017, at 1:00 p.m. Pacific Time. (originally scheduled on 08/28/2017 ). [10561304] (BS) [Entered: 08/28/2017 03:36 PM]
672017-09-06 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Conference, 10/11/2017, 1:00 p.m. Pacific Time. See order for details. [10571637] (MS) [Entered: 09/06/2017 04:17 PM]