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11-10-2017 – The End of California Concealed Carry

10-15-2017 – Governor Brown Signs Bill Allowing Guns Inside of Gun-Free School Zones

10-12-2017 – Is There a Right to Keep and Bear Arms? 9th Circuit to Decide in 2018

9-12-2017 – NRA Open Carry Lawsuit Opposes Open Carry

9-3-2017 – Supreme Court Long Conference on September 25, 2017

8-14-2017 – A Declaration That Open Carry Is the Right

7-28-2017 – Transcript Released in NRA’s Fake Open Carry Lawsuit

7-24-2017 – 50th Anniversary of California’s Loaded Open Carry Ban

7-12-2017 – Can we Save Our Right to Keep and Bear Arms?

6-27-2017 – Supreme Court Decides to Wait for Another Second Amendment Case

6/15/2017 – The Evil Practice of Carrying Weapons Secretly

6/6/2017 – NRA Lawyer says Odds are Supreme Court will NOT take Concealed Carry Case

6/2/2017 – The NRA Lost Another Second Amendment Appeal Today

5/29/2017 – Lead Plaintiff in Supreme Court Concealed Carry Appeal says Courts are Corrupt

5/23/2017 – Peruta Concealed Carry Lawsuit has Waited 2,768 Days – Supreme Court says Wait Longer

5/20/2017 – Second Amendment Case Peruta vs. California May Strike-Out at Supreme Court

5/03/2017 – Did the NRA Take a Dive in its Fake Open Carry Lawsuit?

5/01/2017 – Supreme Court Again Silent on Second Amendment

04/22/2017 – Supreme Court Math and Concealed Carry in Peruta v. California

04/14/2017 – Federal Judge Upholds Nonexistent Gun Ban

04/12/2017 – Concealed Carry, Incest, Gay Marriage and the Supreme Court

04/05/2017 – Justice Neil Gorsuch and the Second Amendment

3/29/2017 – The Next Second Amendment Handgun Carry Case to Go Down in Flames

3/28/2017 – Federal Judge Tells NRA to Put Up or Shut Up in Open Carry Lawsuit

3/22/2017 – Supreme Court Justice Sotomayor Finally Recognizes the Second Amendment

3/13/2017 – Another Second Amendment Appeal Shot-Down by the 9th Circuit

3/10/2017 – US Supreme Court to Decide Concealed Carry Petition in Two Weeks

3/5/2017 – The Florida Supreme Court Just Handed The US Supreme Court a Second Amendment Case It Can’t Refuse

2/23/2017 – California Asks Supreme Court to Wait For Nichols v. Brown Open Carry Appeal

2/15/2017 – NRA Got Spanked for Valentine’s Day!

2/3/2017 – President Trump’s Supreme Court Nominee Neil Gorsuch

1/24/2017 -A Concealed Carry Case SCOTUS Can’t Refuse

1/23/2017 -President Trump’s Judicial Opportunity and Conundrum

1/13/2017 -NRA Tells Supreme Court Open Carry is Perverse

1/11/2017 – NRA Drops Supreme Court Concealed Carry Appeal

12/30/2016 – NRA Asks US Supreme Court To Hear Two Concealed Carry Lawsuits

12/10/2016 – National Concealed Carry Snake Oil Law Will Fail

11/29/2016 – What Lies Ahead for the Second Amendment?

11/10/2016 – The Second Amendment and President Trump

10/03/2016 – A Federal 9th Circuit Judge Finally Finds a Right to Bear Arms in Public

9/28/2016 – Are You Protected by the Fourth Amendment if You Carry a Firearm?

9/20/2016 – Two Concealed Carry Cases Fire Blanks in U.S. Court of Appeals for the District of Columbia Circuit

9/8/2016 – Another Second Amendment Appeal Crashing and Burning in 9th Circuit

8/24/2016 – Concealed Carry Snake Oil and Kool-Aid Peddlers Leave Town for DC

8/18/2016 – The NRA Files Legal Challenge To California Open Carry Bans – But Not Really

8/17/2016 – The Battle for the Second Amendment Moves to Hawaii

8/15/2016 – There is No Right to Concealed Carry – 9th Circuit Denies Full Court Petitions

8/5/2016 – Did California Lie to 11 Federal Judges in Second Amendment Lawsuits?

7/15/2016 – God Save The US From The Second Amendment Lawyers

7/8/2016 – NRA Segregation Now, Tomorrow, and Forever Position Must Fail

7/4/2016 – Try Recalling California’s Anti-Gun Politicians Before Starting Your Revolution

6/27/2016 – NRA Head Wayne LaPierre Really, Really Hates the Second Amendment

6/24/2016 – Judges Who Uphold Bans on Concealed Carry Are Not the Same as Judges Who Look the Other Way When Police Murder People in the Street

6/15/2016 – Where is the NRA’s California Open Carry Lawsuit?

6/13/2016 – What’s Next for the Right to Carry Firearms in Public?

6/8/2016 – Florida Supreme Court Justices Voice Contempt for the Second Amendment

6/5/2016 – Florida Supreme Court to Hear Second Amendment Carry Case with National Ramifications

5/17/2016 – The Second Amendment and the Concealed Carry Problem

5/11/2016 – Federal Court of Appeals Goes Berserk During Second Amendment Gun Case Hearing

5/10/2016 – California Supreme Court Shoots Itself In Foot Over Gun Case

4/25/2016 – Second Amendment Foundation Files Another Concealed Carry Lawsuit: May Backfire

4/13/2016 – Has the NRA Come to Bury the Second Amendment or to Defend It? –

4/6/2016 – Second Amendment Must Wait A Bit Longer In 9th Circuit

3/26/2016 – Concealed Carry of Concealable Firearm in a Vehicle Now a Crime of Moral Turpitude

3/21/2016 – Supreme Court decision wasn’t about stun guns – It was about the Second Amendment decision in District of Columbia v. Heller which is bad news for concealed carry

3/7/2016 – How to Stop Anti-Gun Bills in California from Becoming Law

3/3/2016 – The California Supreme Court Case Which Could Upend the Gun-Groups Concealed Carry Lawsuits

2/24/2016 – The Second Amendment – Checkmate in Four Moves?

2/10/2016 – Why California’s Waiting Period to Purchase a Firearm Will Be Upheld

2/3/2016 – Florida House of Representatives Passes Handgun Open Carry Bill

1/27/2016 – The NRA Thinks Not Getting Caught In A Lie Is The Same Thing As Telling The Truth

12/11/2015 – Why Were the San Bernardino Shooting Victims Unarmed?

11/20/2015 – Attorney Alan Gura May Have Fumbled Another Second Amendment Case

11/20/2015 – HELP WANTED: Competent Second Amendment Lawyer – Inquire Within

11/9/2015 – The Supreme Court may have Finally Found its Next Second Amendment Case

9/2/2015 – Full Derp Battle over Concealed Carry in District of Columbia

9/1/2015 – National Rifle Association Drops Lawsuit against San Francisco

8/31/2015 – The Future of the Second Amendment in California and Hawaii

8/25/2015 – Yes, America, the Second Amendment is a Universal Right!

8/14/2015 – Will this be the Supreme Court’s Next Second Amendment Case?

7/3/2015 – The Future of Open Carry in California Looks Bright

6/16/2015 – State of California Concedes Second Amendment Extends Outside the Home

6/8/2015 – The Second Amendment is Now in the Hands of these Eleven Judges

6/8/2015 – Supreme Court Won’t Hear Second Amendment Cases Until there is a Circuit Split

5/29/2015 – NRA Opposes Open Carry – NRA Now Takes Credit for New Texas Handgun Open Carry Law

5/26/2015 – Four Years Ago Today: Is Open Carry The Right Guaranteed By The Second Amendment

5/18/2015 – Why the Second Amendment Keeps Losing in Court

5/2/2015 – Black Panther Party Invades California Capitol – 48 Years Ago Today

5/1/2015 – The NRA Rearranges Deck Chairs on the Titanic

4/22/2015 – Chief Judge of 9th Circuit Court of Appeals Grants Motion of Lone Voice Defending the Second Amendment Open Carry Right

4/11/2015 – An Open Letter to the Orange County Register’s Editorial on Concealed Carry

4/03/2015 – Another Shoe Drops on the California Concealed Carry Lawsuits

2/27/2015 – Federal Judge Says No Second Amendment Right To Own Firearms

12/6/2014 – The First Shoe Drops On California Concealed Carry Lawsuits

11/30/2014 – Open Carry Gunfight At The California Corral: Start Of Year Four

11/30/2014 – California Open Carry Gunfight Begins Its Fourth Year

11/12/2014 – California Concealed Carry Permits – The Fat Lady Still Hasn’t Sung in Peruta v. San Diego

10/17/2014 – It may be Legal to Carry a Handgun in the Nation’s Capitol by Christmas

10/3/2014 – Another California Concealed Carry Lawsuit Loses before a Federal Judge

8/18/2014 – District of Columbia asks Court for More Time to Enact New Handgun Carry Ban

8/13/2014 – California Concealed Carry Case Peruta v. San Diego – Poised to Move or Stuck in the Mud?

7/30/2014 – Federal Judge Reluctantly Stays his Ruling in DC Handgun Ban

7/28/2014 – The DC Handgun Carry Decision – Throwing Victory into the Jaws of Defeat

7/26/2014 – Ban on Carrying Firearms in Public is Unconstitutional says DC Judge

7/21/2014 – The non-repeal of D.C., Gun-Control

7/2/2014 – US Supreme Court Still Silent On Second Amendment

6/28/2014 – Federal Judge Says Minorities Barred From Bringing Civil Rights Lawsuits

6/7/2014 – The NRA Supports Open Carry Except When The NRA Opposes Open Carry

6/2/2014 – NRA Lawyer Says California Concealed Carry Decision Likely To Be Overturned

6/1/2014 – NRA leadership Comes Out Of The Closet In Its Opposition To Open Carry

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Nesbitt v. U.S. Army Corps of Engineers - 14-36049 - Mediation

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Sent to Mediation on March 3, 2017

Oral arguments have been canceled.

Before: GRABER, IKUTA, and HURWITZ, Circuit Judges

It has been 1590 days since this case was filed!

It has been 1157 days since the appeal was filed!

It has been 853 days since the reply brief was filed!

Nesbitt (formerly Morris)  v. U.S. Army Corps of Engineers – 14-36049

In this case Summary Judgment was issued against the Army Corp of Engineer ban on carrying loaded firearms at campsites, dams and surrounding recreation areas managed by the ACE.  Here is a link to the injunction.  Here is a link to an archived version of the docket with free downloadable pdfs of many of the case files. Here is another link to many of the filings (free).  Here is a link to the JUSTIA page for the district court case.  The district court judge limited the geographic scope of his injunction to Idaho.  The name of the case on appeal has changed.  The 9th Circuit Court of Appeals Case No. is: 14-36049

This case is fundamentally different from my California Open Carry lawsuit.  For one thing, Nesbitt is free to openly carry unloaded firearms, including handguns, on the Army Corp of Engineer managed land in Idaho, which is illegal in California cities and illegal for handguns in unincorporated county territory where the discharge of a firearm is prohibited.  Moreover, there is no “in-home” challenge in Nesbitt, there is in my California Open Carry appeal.  Finally, the Army Corp of Engineers does not claim that there is no Second Amendment right to carry a firearm beyond the curtilage of one’s home.  The Army Corp of Engineers argues that the dams and recreational areas it manages are “sensitive” places and therefore firearms can be prohibited there.

And let us not forget that this appeal will be heard before a three judge panel.  No matter how hostile those judges might turn out to be towards the Second Amendment, it is unlikely that they are going to deliberately create a SCOTUS Rule 10 split and make this a candidate for review by the US Supreme Court when the Court can limit its decision to the case before it by deciding whether or not the Army Corp of Engineer lands are “sensitive” places and avoid the question, as did the en banc panel in Peruta, as to whether or not the Second Amendment applies outside of the home.  This is easy enough for the Court to do given that was not a question raised in this appeal.

Memorandum Decision of the District Court

Final Judgment of the District Court

Appellant Opening Brief due 04/17/2015 filed on 04/17/2015.

Excerpts of Record

Appellees Alan C. Baker and Elizabeth E. Nesbitt Answer Brief due 07/08/2015 filed on 07/08/2015.

Appellees Supplemental Excerpts of Record

The optional Reply Brief is due 14 days from the date of service of the answering brief filed on 08/12/2015.

Brief of Amicus Curiae GeorgiaCarry.Org, Inc In Support of Plaintiffs-Appellees and In Favor of Affirmance

Brief of National Rifle Association of America, Inc and California Rifle and Pistol Association as Amici Curiae in Support of Appellees and Affirmance

The appeal is fully briefed.  We are awaiting oral arguments and a decision.  The appeal was taken under submission for a decision without oral arguments on March 3, 2017..

This case will be decided by GRABER, IKUTA, and HURWITZ, Circuit Judges.  Graber and Ikuta are anti-gun judges and Hurwitz was appointed by Obama.




There is a case out of the Eleventh Circuit Court of Appeals which also challenges the Army Corps of Engineer ban.  GeorgiaCarry.Org, Inc., et al v. U.S Army Corps of Engineers, et al.  This appeal was sent to mediation on March 7, 2017, just as the Nesbitt appeal was sent.

General Docket
United States Court of Appeals for the Eleventh Circuit
Court of Appeals Docket #: 16-13486 Docketed: 06/13/2016
Nature of Suit: 2440 Other Civil Rights
GeorgiaCarry.Org, Inc., et al v. U.S Army Corps of Engineers, et al
Appeal From: Northern District of Georgia Case Handler: Thomas, David L., AA
(404) 335-6169
Fee Status: Fee Paid
Case Type Information:
     1) U.S. Civil
     2) U.S. Defendant – Non PLRA
     3)
Originating Court Information:
     District: 113E-4 : 4:14-cv-00139-HLM
     Civil Proceeding: Harold L. Murphy, U.S. District Judge
     Date Filed: 06/12/2014
     Date NOA Filed:
     05/23/2016

 

06/21/2016 Open Document TRANSCRIPT INFORMATION form filed by Attorney John R. Monroe for Appellants GeorgiaCarry.Org, Inc., David James and Brain Barrs. No hearings.
09/14/2016 Open Document Appellant’s brief filed by Brain Barrs, GeorgiaCarry.Org, Inc. and David James. (ECF: John Monroe)
09/15/2016 Received paper copies of EBrief filed by Appellants Brain Barrs, GeorgiaCarry.Org, Inc. and David James.
09/22/2016 DOCKETING ERROR; FILED OUT OF TIME *** Appendix filed [1 VOLUMES] by Appellants Brain Barrs, GeorgiaCarry.Org, Inc. and David James.–[Edited 10/18/2016 by JFC] (ECF: John Monroe)
09/26/2016 Open Document ENTRY OF DISMISSAL: Pursuant to the 11th Cir.R. 42-2(c), this appeal is DISMISSED for want of prosecution because the appellant Brain Barrs, GeorgiaCarry.Org, Inc. and David James failed to file an appendix within the time fixed by the rules
09/26/2016 Open Document MOTION to reinstate appeal filed by Brain Barrs, GeorgiaCarry.Org, Inc. and David James. Motion is Unopposed. [7918633-1] (ECF: John Monroe)
10/18/2016 Open Document ORDER: Motion to reinstate appeal filed by Appellants GeorgiaCarry.Org, Inc., David James and Brain Barrs is GRANTED. [7918633-2] GBT and CRW
10/18/2016 Open Document Appendix filed [1 VOLUME – 2 sets] by Attorney John R. Monroe for Appellants GeorgiaCarry.Org, Inc., David James and Brain Barrs. Service date: 09/22/2016 US mail – Attorney for Appellee: Wright.
11/16/2016 Open Document Appellee’s Brief filed by Appellee U.S Army Corps of Engineers. (ECF: Abby Wright)
11/17/2016 Received paper copies of EBrief filed by Appellee U.S Army Corps of Engineers.
11/23/2016 Open Document Amicus Brief as of right or by consent of the parties filed by IRA M. FEINBERG, Counsel for Amicus Curiae Everytown for Gun Safety. (ECF: Ira Feinberg)
11/25/2016 Received paper copies of EBrief filed by Amicus Curiae Everytown for Gun Safety.
11/28/2016 Over the phone extension granted by clerk. Updated Reply Brief. Due on 12/19/2016 as to Appellant Brain Barrs.
12/19/2016 Open Document Reply Brief filed by Appellants Brain Barrs, GeorgiaCarry.Org, Inc. and David James. (ECF: John Monroe)
12/21/2016 Received paper copies of EBrief filed by Appellants Brain Barrs, GeorgiaCarry.Org, Inc. and David James.
01/11/2017 NOTICE OF CIP FILING DEFICIENCY to Ira M. Feinberg for Everytown for Gun Safety. You are receiving this notice because you have not completed the Certificate of Interested Persons (CIP) via the electronic filing system (CM/ECF). Failure to comply with 11th Cir. Rules 26.1-1 through 26.1-4 may result in dismissal of the case or appeal under 11th Cir. R. 42-1(b), return of deficient documents without action, or other sanctions on counsel, the party, or both.
02/06/2017 The Court has determined that oral argument will be necessary in this case. Please forward 3 additional copies of the 1 volumes of Appendix filed 10/18/16 by Attorney John R. Monroe for Appellants GeorgiaCarry.Org, Inc., David James and Brain Barrs to the Clerk’s Office, Attention: Jenifer Tubbs. Your prompt attention to this matter is appreciated.
02/06/2017 Open Restricted Document Assigned to tentative calendar number 16 in Atlanta during the week of April 3, 2017. Counsel must be logged into CM/ECF in order to view the attached calendar.
02/10/2017 Additional copies of Appendix (3 sets – 1 vol ea) received from John R. Monroe for GeorgiaCarry.Org, Inc., David James and Brain Barrs and forwarded to the record room.
02/21/2017 Open Restricted Document Calendar issued as to cases to be orally argued the week of 04/03/2017 in Atlanta, Georgia. Counsel are directed to electronically acknowledge receipt of this calendar by docketing the Calendar Receipt Acknowledged event in ECF. Counsel must be logged into CM/ECF in order to view the attached calendar.
02/21/2017 Attorney John R. Monroe for Appellants GeorgiaCarry.Org, Inc., David James and Brain Barrs hereby acknowledges receipt of a copy of the printed calendar for 04/05/2017. John Monroe 678 362 7650 will present argument. (ECF: John Monroe)
02/21/2017 Attorney Abby Christine Wright for Appellee U.S Army Corps of Engineers hereby acknowledges receipt of a copy of the printed calendar for 04/05/2017. Abby Wright 202-514-0664 will present argument. (ECF: Abby Wright)
02/21/2017 Oral argument scheduled. Argument Date: Wednesday, 04/05/2017 Argument Location: Atlanta.
03/06/2017 Open Document TIME SENSITIVE MOTION to continue Oral Argument. filed by U.S Army Corps of Engineers. Motion is Unopposed. [8060396-1] (ECF: Abby Wright)
03/07/2017 Open Document ORDER: Joint Motion to continue oral argument filed by Appellee U.S Army Corps of Engineers is GRANTED. This appeal is being sent to Mediation. ENTERED FOR THE COURT – BY DIRECTION [8060396-2]

 

 





Update by Charles Nichols, President of California Right To Carry – December 1,  2017 – Mediation conference rescheduled.

11/21/2017  69  MEDIATION CONFERENCE RESCHEDULED – DIAL-IN Conference, 11/29/2017, 1:00 p.m. Pacific Time. (originally scheduled on 11/28/2017 ). [10663346] (BS) [Entered: 11/21/2017 02:55 PM]
11/30/2017  70  Filed order MEDIATION (CLB): Counsel for appellant shall contact the undersigned within fourteen (14) days. [10673100] (WL) [Entered: 11/30/2017 11:41 AM]

Update by Charles Nichols, President of California Right To Carry – October 31,  2017 – Mediation conference scheduled.

10/23/2017  68  MEDIATION CONFERENCE SCHEDULED – DIAL-IN Conference, 11/28/2017, 1:00 p.m. Pacific Time. See order for details. [10628497] (BS) [Entered: 10/23/2017 04:40 PM]

Update by Charles Nichols, President of California Right To Carry – September 29,  2017 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – September 8,  2017 – This activity has occurred since my last update.  Nothing new since March 7, 2017, in the 11th circuit appeal.

09/06/2017  67  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]

Update by Charles Nichols, President of California Right To Carry – August 31,  2017 – This activity has occurred since my last update:

08/28/2017  66  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]

Update by Charles Nichols, President of California Right To Carry – August 10,  2017 This activity has occurred since being sent to mediation.  There is nothing new on the court of appeals docket for GeorgiaCarry.Org Inc., since that appeal was sent to mediation on March 7th.

03/15/2017  56  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 (Beatriz_Smith@ca9.uscourts.gov) of any corrections to the list. Please notify Chief Circuit Mediator Claudia L. Bernard immediately by email (Claudia_Bernard@ca9.uscourts.gov) 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]
03/29/2017  57  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]
03/29/2017  58  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]
04/18/2017  59  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]
05/05/2017  60  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]
05/08/2017  61  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]
06/12/2017  62  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]
07/11/2017  63  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]
08/01/2017  64  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]
08/08/2017  65  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]

Update by Charles Nichols, President of California Right To Carry – March 4,  2017 – This case has now been taken off calendar for oral arguments.  The case is now submitted for a decision.

Update by Charles Nichols, President of California Right To Carry – March 3,  2017 – This case has now been sent to mediation.  I do not know if the oral arguments regarding “standing” (Dkt #52) in light of the government’s new position are going to take place.  We’ll know on Monday.  UPDATE: as of 5:33 PM the calendar shows that oral arguments are still scheduled for Monday.

51 – Nesbitt v. Army Corps of Engineers – EMERGENCY MOTION UNDER CIRCUIT RULE 27-3

03/02/2017  51  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]
03/02/2017  52  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]
03/03/2017  53  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]
03/03/2017  54 Phoned and left voicemail to attorneys regarding to 3/3/17 order. [53] [10341604] (WL) [Entered: 03/03/2017 09:18 AM]

Update by Charles Nichols, President of California Right To Carry – February 28,  2017 – We now know who the judges are and it ain’t good.

This case will be decided by GRABER, IKUTA, and HURWITZ, Circuit Judges.  Graber and Ikuta are anti-gun judges and Hurwitz was appointed by Obama.

Update by Charles Nichols, President of California Right To Carry – February 17,  2017 – Something new:

02/08/2017  49  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]
02/16/2017  50  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]

Update by Charles Nichols, President of California Right To Carry – February 1,  2017 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – January 25,  2017 – Some activity: 25 – Nesbitt-v-US-Army-Corps_Plaintiffs-Appellees-Unopposed-Request-for-Judicial-Notice  48 – Order granting request for judicial notice [25]

01/24/2017  46  Filed (ECF) notice of appearance of Patrick G. Nemeroff for Appellants Thomas Bostick, Andrew D. Kelly, John S. Kem, John McHugh and U.S. Army Corps of Engineers. Date of service: 01/24/2017. [10277127] [14-36049] (Nemeroff, Patrick) [Entered: 01/24/2017 10:39 AM]
01/24/2017  47 Added attorney Patrick G. Nemeroff for John S. Kem U.S. Army Corps of Engineers Thomas Bostick John McHugh Andrew D. Kelly, in case 14-36049. [10277812] (RR) [Entered: 01/24/2017 02:03 PM]
01/25/2017  48  Filed clerk order (Deputy Clerk: WL): Appellees’ Unopposed Request for Judicial Notice, filed July 10, 2015, is GRANTED. [10278971] (WL) [Entered: 01/25/2017 09:37 AM]

Update by Charles Nichols, President of California Right To Carry – January 20,  2017 – Some activity:

01/03/2017  44  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]
01/03/2017  45  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]

Update by Charles Nichols, President of California Right To Carry – December 30,  2016 –  Nothing new.

Update by Charles Nichols, President of California Right To Carry – December 29,  2016 –  Oral arguments docket entry.

12/29/2016  43 Notice of Oral Argument on Monday, March 6, 2017 – 09:00 A.M. – SE 7th Flr Courtroom 2 – Seattle WA.

View the Oral Argument Calendar for your case here.

Be sure to review the GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible).

When you have reviewed the calendar, download the ACKNOWLEDGMENT OF HEARING NOTICE form, complete the form, and file it via Appellate ECF or return the completed form to: SEATTLE Office.
[10249541] (SB) [Entered: 12/29/2016 01:29 PM]

Update by Charles Nichols, President of California Right To Carry – December 26,  2016 –  Oral arguments have been scheduled for March 6, 2017.

2017-03-06  9:00 am  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington

Update by Charles Nichols, President of California Right To Carry – December 16,  2016 –  Nothing new.

Update by Charles Nichols, President of California Right To Carry – December 7,  2016 –  Some activity:

12/01/2016  41 Ordered paper copies of Appellant’s reply brief. Per 8/12/15 order. [10217041] (SOS) [Entered: 12/01/2016 10:37 AM]
12/02/2016  42 Received 7 paper copies of Reply Brief [37] filed by appellants. [10218917] (SD) [Entered: 12/02/2016 01:48 PM]

Update by Charles Nichols, President of California Right To Carry – November 30,  2016 –  It seems that it has occurred to the 9th circuit court of appeals that with a new president, there might not be an appeal to hear in this case.  Calendaring of oral arguments has been pushed back a month until March 2017.

11/25/2016  40 This case is being considered for the March 2017 Seattle oral argument calendar. The exact date of your oral argument has not been determined at this time.
The following is a link to the upcoming court sessions: http://cdn.ca9.uscourts.gov/datastore/uploads/calendar/sitdates_2017.pdf.
Please review these upcoming dates immediately to determine if you have any conflicts with them. If you do have conflicts, please inform the Court within 3 days of this notice by sending a letter to the Court using CM/ECF (Type of Document: File Correspondence to Court; Subject: regarding availability for oral argument).
The Court discourages motions to continue after this 3-day period.
The clerk’s office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. Your case will be assigned to a calendar approximately 10 weeks before the scheduled oral argument date.
Note that your case will be set for hearing in due course if it is not assigned to this calendar.
In addition, if parties would like to discuss settlement before argument is scheduled, they should jointly request a referral to the mediation unit. Such a referral will postpone the calendaring of oral argument. All such requests must be made within 3 days of this notice by sending a letter to the Court using CM/ECF (Type of Document: File Correspondence to Court; Subject: request for mediation). Once the case is calendared, it is unlikely that the court will postpone argument for settlement discussions.[10210300] (AW) [Entered: 11/25/2016 09:23 AM]

Update by Charles Nichols, President of California Right To Carry – November 21,  2016 –  Nothing new.

Update by Charles Nichols, President of California Right To Carry – October 31,  2016 –  This is a surprise.  The case is being considered for oral arguments to be calendared sometime in February.  There are three Open Carry appeals which were filed before this case, mine and two out of Hawaii which should have been scheduled before this case was heard.  This technically isn’t an Open Carry case and the Feds do not dispute that the Second Amendment extends beyond the curtilage of one’s home but if the three panel court decides that the Second Amendment does not extend beyond the curtilage of one’s home then this case loses.

This makes my petition for my appeal to be heard initially before an en banc panel all the more important.

10/24/2016  39 This case is being considered for the February 2017 Seattle oral argument calendar. The exact date of your oral argument has not been determined at this time.
The following is a link to the upcoming court sessions: http://cdn.ca9.uscourts.gov/datastore/uploads/calendar/sitdates_2017.pdf.
Please review these upcoming dates immediately to determine if you have any conflicts with them. If you do have conflicts, please inform the Court within 3 days of this notice by sending a letter to the Court using CM/ECF (Type of Document: File Correspondence to Court; Subject: regarding availability for oral argument).
The Court discourages motions to continue after this 3-day period.
The clerk’s office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. Your case will be assigned to a calendar approximately 10 weeks before the scheduled oral argument date.
Note that your case will be set for hearing in due course if it is not assigned to this calendar.
In addition, if parties would like to discuss settlement before argument is scheduled, they should jointly request a referral to the mediation unit. Such a referral will postpone the calendaring of oral argument. All such requests must be made within 3 days of this notice by sending a letter to the Court using CM/ECF (Type of Document: File Correspondence to Court; Subject: request for mediation). Once the case is calendared, it is unlikely that the court will postpone argument for settlement discussions.[10171660] (AW) [Entered: 10/24/2016 03:42 PM]

Update by Charles Nichols, President of California Right To Carry – October 7,  2016 –  Nothing new. I am reverting back to monthly updates.  It is unlikely there will be any movement in this case until the 9th circuit court of appeals publishes a decision on the right to bear arms in public.

Update by Charles Nichols, President of California Right To Carry – September 30,  2016 –  Nothing new.

Update by Charles Nichols, President of California Right To Carry – August 5,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – June 27,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – June  22,  2016 – Nothing new, but with Peruta out of the way, we should start seeing movement in these 2A appeals.

Update by Charles Nichols, President of California Right To Carry – May 27,  2016 – Nothing new.  I’m now shifting to monthly updates in this case unless there is movement in this case or a related case.

Update by Charles Nichols, President of California Right To Carry – April 29,  2016 – Nothing new.  I’m now shifting to monthly updates in this case unless there is movement in this case or a related case.

Update by Charles Nichols, President of California Right To Carry – April 24,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – March 25,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – March 11,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – February 29,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – February 6,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – January 29,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – January 16,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – January 4,  2016 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – December 28,  2015 – There haven’t been any new filings.  Given that the case is now fully briefed there are unlikely to be any new updates until oral arguments are scheduled.

Update by Charles Nichols, President of California Right To Carry – November 30,  2015 – There haven’t been any new filings.  Given that the case is now fully briefed there are unlikely to be any new updates until oral arguments are scheduled.  There is no telling when that will be.

Update by Charles Nichols, President of California Right To Carry – November 14,  2015 – There haven’t been any new filings.  Given that the case is now fully briefed there are unlikely to be any new updates until oral arguments are scheduled.  There is no telling when that will be.

Update by Charles Nichols, President of California Right To Carry – September 17,  2015 – There haven’t been any new filings.  Given that the case is now fully briefed there are unlikely to be any new updates until oral arguments are scheduled.  There is no telling when that will be.

Update by Charles Nichols, President of California Right To Carry – August 25,  2015 – There haven’t been any new filings.  Given that the case is now fully briefed there are unlikely to be any new updates until oral arguments are scheduled.  There is no telling when that will be.

Update by Charles Nichols, President of California Right To Carry – August 14,  2015 – There was some new activity.  Long story short, the case is now fully briefed and now awaits oral arguments and a decision.

07/16/2015  31 Entered appearance of Amici Curiae NRA and California Rifle and Pistol Association. [9612378] (LA) [Entered: 07/16/2015 11:19 AM]
07/16/2015  32  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]
07/16/2015  33 Filed Appellees Alan C. Baker and Elizabeth E. Nesbitt paper copies of supplemental excerpts of record [22] in 1 volume. [9612410] (KT) [Entered: 07/16/2015 11:25 AM]
07/16/2015  34 Received 7 paper copies of Answering brief [22] filed by Alan C. Baker and Elizabeth E. Nesbitt. [9612987] (SD) [Entered: 07/16/2015 03:48 PM]
07/20/2015  35 Received 7 paper copies of Amicus brief [27] filed by GeorgiaCarry.Org, Inc.. [9615818] (DB) [Entered: 07/20/2015 02:34 PM]
07/21/2015  36 Received 7 paper copies of Amicus brief [30] filed by NRA and California Rifle and Pistol Association. [9616843] (DB) [Entered: 07/21/2015 10:44 AM]
08/12/2015  37  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] (ACW) [Entered: 08/12/2015 11:41 AM]
08/12/2015  38  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]

Update by Charles Nichols, President of California Right To Carry – July 16,  2015 – There was some new activity.  Long story short, the case is now fully briefed and now awaits oral arguments and a decision.

07/08/2015  22  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]
07/09/2015  23 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant U.S. Army Corps of Engineers. New requested due date is 08/12/2015. [9603735] [14-36049] (ACW) [Entered: 07/09/2015 06:46 AM]
07/09/2015  24 Streamlined request [23] by Appellant U.S. Army Corps of Engineers to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due.8/12/15 [9603863] (CG) [Entered: 07/09/2015 09:11 AM]
07/10/2015  25  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]
07/10/2015  26  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]
07/13/2015  27  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]
07/13/2015  28 Entered appearance of Amicus Curiae GeorgiaCarry.Org, Inc. [9608266] (LA) [Entered: 07/13/2015 02:52 PM]
07/13/2015  29  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]
07/15/2015  30  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] (CDM) [Entered: 07/15/2015 10:31 PM]

 

Update by Charles Nichols, President of California Right To Carry – June 1,  2015 – There was some new activity today:

06/01/2015  20  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]
06/01/2015  21  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]

Update May 1, 2015 – The excerpts of record of record have been filed.  The new due date for the answering brief is June 17, 2015.  It would not be unusual for the Appellants to obtain an additional 30 days in which to file their Reply Brief.

04/17/2015  15  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]
04/21/2015  16 Filed Appellants’ paper copies of excerpts of record [14] in 1 volume(s). [9503280] (KT) [Entered: 04/21/2015 01:22 PM]
04/21/2015  17 Received 7 paper copies of Opening brief [14] filed by appellants. [9503780] (SD) [Entered: 04/21/2015 03:47 PM]
04/27/2015  18 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Elizabeth E. Nesbitt and Alan C. Baker. New requested due date is 06/17/2015. [9516354] [14-36049] (SJL) [Entered: 04/27/2015 04:24 PM]
04/28/2015  19 Streamlined request [18] by Appellees Alan C. Baker and Elizabeth E. Nesbitt to extend time to file the brief is approved. Amended briefing schedule: Appellees Alan C. Baker and Elizabeth E. Nesbitt answering brief due 06/17/2015. The optional reply brief is due 14 days from the date of service of the answering brief.[9517368] (CG) [Entered: 04/28/2015 01:16 PM]

Update April 18, 2015 – The opening brief and excerpts of record is filed.

04/17/2015  14  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]
04/17/2015  15  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]

 

Update February 20, 2015 – The briefing schedule has not changed.

General Docket
United States Court of Appeals for the Ninth Circuit
Court of Appeals Docket #: 14-36049 Docketed: 12/10/2014
Nature of Suit: 2440 Other Civil Rights
Elizabeth E. Nesbitt, et al v. U.S. Army Corps of Engineers, et al
Appeal From: U.S. District Court for Idaho, Moscow
Fee Status: USA – No Fee Req
Case Type Information:
     1) civil
     2) united states
     3) null
Originating Court Information:
     District: 0976-3 : 3:13-cv-00336-BLW
     Court Reporter: Tamara Idylene Hohenleitner, Court Reporter
     Trial Judge: B. Lynn Winmill, Chief District Judge
     Date Filed: 08/05/2013
     Date Order/Judgment:      Date Order/Judgment EOD:      Date NOA Filed:      Date Rec’d COA:
     10/13/2014      10/14/2014      12/10/2014      12/10/2014

12/11/2014  4  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]
12/11/2014  5 Added attorney Abby Christine Wright for Andrew D. Kelly John McHugh John S. Kem Thomas Bostick U.S. Army Corps of Engineers, in case 14-36049. [9346568] (RR) [Entered: 12/11/2014 04:27 PM]
12/12/2014  6  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]
12/15/2014  7  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]
12/29/2014  8  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]
01/13/2015  9  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]
01/14/2015  10  Filed clerk order (Deputy Clerk: AMT): Appellees’ 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]
02/03/2015  11 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants U.S. Army Corps of Engineers, John S. Kem, Andrew D. Kelly, John McHugh and Thomas Bostick. New requested due date is 04/17/2015. [9406980] [14-36049] (ACW) [Entered: 02/03/2015 11:50 AM]
02/03/2015  12 Streamlined request [11] by Appellants Thomas Bostick, Andrew D. Kelly, John S. Kem, John McHugh and U.S. Army Corps of Engineers to extend time to file the brief is approved. Amended briefing schedule: Appellants Thomas Bostick, Andrew D. Kelly, John S. Kem, John McHugh and U.S. Army Corps of Engineers opening brief due 04/17/2015. Appellees Alan C. Baker and Elizabeth E. Nesbitt answering brief due 05/18/2015. The optional reply brief is due 14 days from the date of service of the answering brief. [9407603] (TH) [Entered: 02/03/2015 03:17 PM]
02/06/2015  13  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 Clerk’s office.[9411973] (WL) [Entered: 02/06/2015 10:35 AM]

 

Update January 31, 2014 – The case is now known on appeal as Nesbitt v. U.S. Army Corp of Engineers.  See Dkt# 10 below.

General Docket
United States Court of Appeals for the Ninth Circuit
Court of Appeals Docket #: 14-36049 Docketed: 12/10/2014
Nature of Suit: 2440 Other Civil Rights
Elizabeth E. Nesbitt, et al v. U.S. Army Corps of Engineers, et al
Appeal From: U.S. District Court for Idaho, Moscow
Fee Status: USA – No Fee Req
Case Type Information:
     1) civil
     2) united states
     3) null
Originating Court Information:
     District: 0976-3 : 3:13-cv-00336-BLW
     Court Reporter: Tamara Idylene Hohenleitner, Court Reporter
     Trial Judge: B. Lynn Winmill, Chief District Judge
     Date Filed: 08/05/2013
     Date Order/Judgment:      Date Order/Judgment EOD:      Date NOA Filed:      Date Rec’d COA:
     10/13/2014      10/14/2014      12/10/2014      12/10/2014

12/10/2014  1  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]
12/11/2014  2  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]
12/11/2014  3 Added attorney Michael Raab for Andrew D. Kelly John McHugh John S. Kem Thomas Bostick U.S. Army Corps of Engineers, in case 14-36049. [9345754] (RR) [Entered: 12/11/2014 12:32 PM]
12/11/2014  4  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]
12/11/2014  5 Added attorney Abby Christine Wright for Andrew D. Kelly John McHugh John S. Kem Thomas Bostick U.S. Army Corps of Engineers, in case 14-36049. [9346568] (RR) [Entered: 12/11/2014 04:27 PM]
12/12/2014  6  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]
12/15/2014  7  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]
12/29/2014  8  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]
01/13/2015  9  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]
01/14/2015  10  Filed clerk order (Deputy Clerk: AMT): Appellees’ 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]

 

Update January 7, 2014 – The government filed its notice of appeal on December 11, 2014.

2014-12-10 69 0 NOTICE OF APPEAL as to 68 Judgment, 67 Memorandum Decision by Thomas Bostick, Andrew D. Kelly, John S. Kem, John McHugh, U.S. Army Corps of Engineers. (Notice sent to Court Reporter & 9th Cir) (Riess, Daniel) (14-36049) 2014-12-12 12:48:25 35dc00bfe393a6f4aad30ae726ed28962a49bffb
2014-12-11 70 0 USCA Case Number 14-36049 for 69 Notice of Appeal filed by Thomas Bostick, U.S. Army Corps of Engineers, John S. Kem, John McHugh, Andrew D. Kelly. (jp) 2014-12-12 12:49:56 ea20f744750e0329a59848fbfbc224b827b1152c
2014-12-11 71 0 USCA Time Schedule Order as to 69 Notice of Appeal filed by Thomas Bostick, U.S. Army Corps of Engineers, John S. Kem, John McHugh, Andrew D. Kelly. (Notice sent by e-mail to Court Reporter) (jp)

Update October 15, 2014 – The motion for summary judgment was granted.  Unfortunately he limited the scope of the decision to Idaho.  Here is a link to the judgment.

Update September 22, 2014 – The motion hearing was held on 8/27/2014.  We are still waiting for a final decision.

Update May 29, 2014 – A Motion Hearing is set for 8/27/2014 at 2:00 PM in Coeur d Alene – District Courtroom before Judge B. Lynn Winmill on the Army Corp of Engineers motion for summary judgment which was filed on May 19, 2014.  Here is a link to the motion and here is a link to the P&A in support of the motion.

Update March 16, 2014 – The Army Corp of Engineers did not file an appeal.  Instead they filed a joint scheduling order which was approved by the district court judge.  The Preliminary Injunction against the Army Corp of Engineers will remain in effect until the case is decided because an appeal was not filed on time.  Here is a link to the scheduling order.

Update March 8, 2014 – It appears that the Army Corp of Engineers will not be filing an appeal of the preliminary injunction.  They had 60 days (Federal govt gets 60 days) to file a notice of appeal.  It is possible they can wait until the last day (March 11th) but given that the Court has already agreed to a joint scheduling order (their Answer is due on March 19th) an appeal at this late date is unlikely.

District Court Docket – Note you will need a PACER account to access the briefs from the docket.

3:13-cv-00336-BLW Morris et al v. U.S. Army Corps of Engineers et al
B. Lynn Winmill, presiding
Date filed: 08/05/2013
Date of last filing: 08/27/2014
 

History

 

Doc.
No.
Dates Description
65
Filed & Entered:   08/27/2014
Docket Text Order on Motion to Withdraw as Attorney
66
Filed & Entered:   08/27/2014
Docket Text Motion Hearing
64
Filed & Entered:   08/26/2014
Terminated: 08/27/2014
Docket Text Motion to Withdraw as Attorney
62
Filed & Entered:   08/21/2014
Docket Text Notice of Hearing on Motion
63
Filed & Entered:   08/21/2014
Docket Text Reply to Response to Motion
61
Filed & Entered:   08/19/2014
Docket Text Notice (Other)
59
Filed & Entered:   07/25/2014
Docket Text Memorandum in Opposition to Motion
60
Filed & Entered:   07/25/2014
Docket Text Reply to Response to Motion
56
Filed & Entered:   07/14/2014
Terminated: 07/14/2014
Docket Text Motion for Extension of Time to File Response/Reply
57
Filed & Entered:   07/14/2014
Docket Text Order on Motion for Leave to File Excess Pages
58
Filed: 07/14/2014
Entered: 07/15/2014
Docket Text Order
55
Filed & Entered:   06/20/2014
Docket Text Notice of Hearing on Motion
54
Filed & Entered:   06/19/2014
Docket Text Motion for Summary Judgment
53
Filed & Entered:   05/20/2014
Docket Text Notice of Hearing on Motion
52
Filed & Entered:   05/19/2014
Docket Text Motion for Summary Judgment
51
Filed & Entered:   05/14/2014
Terminated: 07/14/2014
Docket Text Motion for Leave to File Excess Pages
49
Filed & Entered:   04/22/2014
Docket Text Administrative Record
50
Filed & Entered:   04/22/2014
Docket Text Notice (Other)
48
Filed & Entered:   04/16/2014
Docket Text Order on Motion for Extension of Time to File
47
Filed & Entered:   04/15/2014
Terminated: 04/16/2014
Docket Text Motion for Extension of Time to File
46
Filed & Entered:   03/19/2014
Docket Text Answer to Complaint
45
Filed & Entered:   02/27/2014
Docket Text Order
44
Filed & Entered:   02/26/2014
Terminated: 02/28/2014
Docket Text Motion for Miscellaneous Relief
43
Filed & Entered:   01/17/2014
Docket Text Notice of Hearing
42
Filed & Entered:   01/10/2014
Docket Text Memorandum Decision
41
Filed & Entered:   01/07/2014
Docket Text Motion Hearing
40
Filed & Entered:   01/03/2014
Docket Text Notice (Other)
Filed & Entered:   12/19/2013
Docket Text Corrective Entry
38
Filed & Entered:   12/19/2013
Docket Text Reply to Response to Motion
39
Filed & Entered:   12/19/2013
Docket Text Certificate of Service
37
Filed & Entered:   12/13/2013
Docket Text Order on Motion for Leave to File Excess Pages
36
Filed & Entered:   12/12/2013
Terminated: 12/13/2013
Docket Text Motion for Leave to File Excess Pages
Filed & Entered:   12/06/2013
Docket Text Set Motion and R&R Deadlines/Hearings
35
Filed & Entered:   12/04/2013
Docket Text Order on Motion for Extension of Time to File Response/Reply
34
Filed & Entered:   12/03/2013
Terminated: 12/04/2013
Docket Text Motion for Extension of Time to File Response/Reply
33
Filed & Entered:   11/25/2013
Docket Text Memorandum in Opposition to Motion
32
Filed & Entered:   11/20/2013
Docket Text Notice (Other)
31
Filed & Entered:   11/19/2013
Docket Text Notice of Hearing on Motion
30
Filed & Entered:   11/01/2013
Terminated: 01/10/2014
Docket Text Motion to Dismiss/Lack of Jurisdiction
Filed & Entered:   10/28/2013
Docket Text Set Motion and R&R Deadlines/Hearings
28
Filed & Entered:   10/28/2013
Docket Text Notice of Appearance
29
Filed & Entered:   10/28/2013
Docket Text Order
27
Filed & Entered:   10/02/2013
Docket Text Order
24
Filed & Entered:   10/01/2013
Terminated: 10/01/2013
Docket Text Motion to Stay
25
Filed & Entered:   10/01/2013
Docket Text Order on Motion to Stay
26
Filed & Entered:   10/01/2013
Docket Text Order
23
Filed & Entered:   09/30/2013
Terminated: 10/28/2013
Docket Text Motion for Hearing
22
Filed: 09/25/2013
Entered: 09/26/2013
Docket Text Order on Motion for Leave to File Excess Pages
20
Filed & Entered:   09/23/2013
Terminated: 09/25/2013
Docket Text Motion for Leave to File Excess Pages
21
Filed & Entered:   09/23/2013
Docket Text Reply to Response to Motion
19
Filed & Entered:   09/06/2013
Docket Text Order on Motion for Leave to File Excess Pages
17
Filed & Entered:   09/05/2013
Terminated: 09/06/2013
Docket Text Motion for Leave to File Excess Pages
18
Filed & Entered:   09/05/2013
Docket Text Memorandum in Opposition to Motion
Filed & Entered:   09/03/2013
Docket Text Set Motion and R&R Deadlines/Hearings
16
Filed & Entered:   09/02/2013
Docket Text Order on Motion for Extension of Time to File Response/Reply
15
Filed & Entered:   08/20/2013
Docket Text Summons Returned Executed as to USA
13
Filed & Entered:   08/15/2013
Docket Text Notice of Appearance
14
Filed & Entered:   08/15/2013
Terminated: 09/02/2013
Docket Text Motion for Extension of Time to File Response/Reply
Filed & Entered:   08/07/2013
Docket Text Notice of Case Number Change
Filed & Entered:   08/07/2013
Docket Text Order on Motion for Pro Hac Vice Appearance
6
Filed & Entered:   08/07/2013
Docket Text Order on Motion for Pro Hac Vice Appearance
7
Filed & Entered:   08/07/2013
Docket Text Summons Issued as to USA
8
Filed & Entered:   08/07/2013
Docket Text Supplement
9
Filed & Entered:   08/07/2013
Docket Text Supplement
10
Filed & Entered:   08/07/2013
Docket Text Supplement
11
Filed & Entered:   08/07/2013
Docket Text Summons Issued as to USA
12
Filed & Entered:   08/07/2013
Docket Text Certificate of Service
5
Filed & Entered:   08/06/2013
Docket Text Order
1
Filed & Entered:   08/05/2013
Docket Text Complaint
2
Filed & Entered:   08/05/2013
Terminated: 08/07/2013
Docket Text Motion for Pro Hac Vice Appearance
3
Filed & Entered:   08/05/2013
Terminated: 08/07/2013
Docket Text Motion for Pro Hac Vice Appearance
4
Filed & Entered:   08/05/2013
Terminated: 01/10/2014
Docket Text Motion for Preliminary Injunction

 

 

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