Nesbitt v. U.S. Army Corps of Engineers (Formerly Morris v. U.S. Army Corps. of Engineers)

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 Morris, et al v. U.S. Army Corps of Engineers, et al
Appeal From: U. S. District Court for Idaho, Moscow

Summary/Issues:2A; Challenge to Army regulation barring possession of loaded guns in recreation areas surrounding Corps dams.

Filing DateFiling PartyDocument Description
Ninth Circuit Court of Appeal 
8/12/2015CourtOrder to File Paper Copy of Brief Within 7 Days
8/12/2015AppellantUS Army Corps_Reply Brief for Appellants
 7/20/2015CourtDocket Text:
Received 7 paper copies of Amicus brief [30] filed by NRA and California Rifle and Pistol Association. [9616843] (DB)
 7/20/2015CourtDocket Text:
Received 7 paper copies of Amicus brief [27] filed by GeorgiaCarry.Org, Inc.. [9615818] (DB)
 7/16/2015CourtDocket Text:
Received 7 paper copies of Answering brief [22] filed by Alan C. Baker and Elizabeth E. Nesbitt. [9612987] (SD)
 7/16/2015CourtDocket Text:
Filed Appellees Alan C. Baker and Elizabeth E. Nesbitt paper copies of supplemental excerpts of record [22] in 1 volume. [9612410] (KT)
 7/16/2015CourtDocket Text:
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)
 7/15/2015Court Docket Text:
Entered appearance of Amici Curiae NRA and California Rifle and Pistol Association. [9612378] (LA)
 7/15/2015AmicusBrief of National Rifle Association of America, Inc and California Rifle and Pistol Association as Amici Curiae in Support of Appellees and Affirmance
7/13/2015AmicusBrief of Amicus Curiae GeorgiaCarry.Org, Inc In Support of Plaintiffs-Appellees and In Favor of Affirmance
7/10/2015CourtOrder for Appellee to File 7 Copies of Answering Brief in Paper Format
7/10/2015AppelleesPlaintiffs-Appellees’ Unopposed Request for Judicial Notice
7/9/2015CourtStreamlined 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]
7/9/2015AppellantFiled (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]
7/8/2015AppelleesAppellees’ Answer BriefAppellees’ Supplemental Excerpts of Record
6/1/2015 CourtOrder Granting Appellees’ Unopposed Motion for Extension of Time
6/1/2015 AppelleesPlaintiffs-Appellees’ Unopposed Motion for a Further Extension of Time to File Their Answering Brief and Supplemental Excerpts of Record
4/28/2015CourtStreamlined 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]
 4/27/2015CourtFiled (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]
4/21/2015CourtReceived 7 paper copies of Opening brief [14] filed by appellants. [9503780] (SD) [Entered: 04/21/2015 03:47 PM]
4/21/2015CourtFiled Appellants’ paper copies of excerpts of record [14] in 1 volume(s). [9503280] (KT) [Entered: 04/21/2015 01:22 PM]
4/17/2015CourtOrder for Appellant to file 7 copies of brief in paper format
4/17/2015AppellantsExcerpts of Record
4/17/2015AppellantsBrief for Appellants
2/6/2015CourtOrder re Appeal Not Selected for inclusion in Mediation Program
2/6/2015CourtFiled 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.
2/3/2015CourtStreamlined 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.
2/3/2015CourtFiled (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)
1/14/2015CourtOrder Granting Appellees’ Unopposed Motion to Amend The Caption to Reflect A Name Change
1/13/2015AppelleeAppellees’ Unopposed Motion to Amend The Caption to Reflect A Name Change
12/29/2014CourtOrder Setting Assessment Conference
12/15/2014AppelleeAppellees Notice of Appearance of Counsel for Attorney Steven J. Lechner
12/12/2014AppellantAppellants Mediation Questionnaire
12/11/2014CourtAdded 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)
12/11/2014AppellantNotice of Appearance for Attorney Abby C. Wright on Behalf of Appellant
12/11/2014CourtAdded 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) 
12/11/2014AppellantNotice of Appearance for Attorney Michael S. Raab on Behalf of Appellant
12/10/2014CourtAppeal Case Docketed
12/11/2014CourtTime Schedule Order
U.S. District Court Idaho
12/11/2014CourtCourt Notice re Notice of Appeal
12/10/2014PlaintiffNotice of Appeal
10/13/2014CourtJudgment
10/13/2014CourtMemorandum Decision
8/27/2014CourtMorris v. U.S. Army Corps. of Engineers_Minutes re Motion and Cross Motion for Summary Judgment
8/27/2014CourtDOCKET ENTRY ORDER granting 64 Motion to Withdraw as Attorney. Attorney James M Manley terminated. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dm).
8/26/2014PlaintiffMotion to Withdraw as Counsel for Plaintiffs
8/21/2014PlaintiffPlaintiffs’ Reply In Support of Their Cross-Motion for Summary Judgment
8/21/2014CourtAMENDED DOCKET ENTRY NOTICE OF HEARING regarding 52 Motion for Summary Judgment and 54 Cross Motion for Summary Judgment: Due to the Court’s trial calendar, the Motion Hearing set for 8/27/2014 at 2:00 PM is rescheduled to begin at 3:30 PM in Coeur d Alene – District Courtroom before Judge B. Lynn Winmill. Please note, this is a time change only.
8/19/2014CourtAMENDED DOCKET ENTRY NOTICE OF HEARING regarding 52 Motion for Summary Judgment and 54 Cross Motion for Summary Judgment: Due to the Court’s trial calendar, the Motion Hearing set for 8/27/2014 at 2:00 PM is rescheduled to begin at 3:30 PM in Coeur d Alene – District Courtroom before Judge B. Lynn Winmill. Please note, this is a time change only.
8/19/2014DefendantNotice of Recent Authority re GeorgiaCarry.Org, Inc. v. U.S. Army Corps of Engineers
7/25/2014DefendantDefendants’ Response to Plaintiffs’ Statement of Undisputed Material Facts
7/25/2014DefendantDefendants’ Combined Reply Brief In Support of Defendants’ Motion for Summary Judgment (ECF No. 52) and Opposition to Plaintiffs’ Cross-Motion for Summary Judgment (ECF No. 54)
7/14/2014CourtOrder Granting Defendants’ Unopposed Motion for Extension of Time to File Closing Merits Brief
7/14/2014CourtDOCKET ENTRY ORDER granting 51 Motion for Leave to File Excess Pages. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF)
7/14/2014DefendantDefendants’ Unopposed Motion for Extension of Time to File Closing Merits Brief
6/20/2014CourtDOCKET ENTRY NOTICE OF HEARING regarding 52 Motion for Summary Judgment and 54 Cross Motion for Summary Judgment: A Motion Hearing is set for both motions on 8/27/2014 at 2:00 PM in Coeur d Alene – District Courtroom before Judge B. Lynn Winmill.
6/19/2014PlaintiffPlaintiffs’ Cross-Motion for Summary Judgment
5/20/2014CourtDOCKET ENTRY NOTICE OF HEARING regarding 52 Motion for Summary Judgment: A Motion Hearing is set for 8/27/2014 at 2:00 PM in Coeur d Alene – District Courtroom before Judge B. Lynn Winmill. (jlg)
5/19/2014DefendantMotion for Summary Judgment
5/14/2014DefendantDefendants Unopposed Motion to Exceed Page Limitation in Motion for Summary Judgment
4/22/2014DefendantDefendants’ Notice of Conventional Filing of Certified Administrative Record
4/22/2014DefendantLetter to Court re Filing of Administrative Record
4/16/2014CourtDOCKET ENTRY ORDER granting 47 Motion for Extension of Time to File. The administrative record shall be filed on or before April 22, 2014. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dm)
4/15/2014DefendantDefendant’s Unopposed Motion for Extension of Time to File Administrative Record
3/19/2014DefendantAnswer to Complaint for Declaratory and Injunctive Relief
2/27/2014CourtOrder Granting Joint Motion to Enter Proposed Schedule
2/26/2014DefendantJoint Motion to Enter Proposed Schedule
1/17/2014CourtDOCKET ENTRY NOTICE OF HEARING: A Telephonic Status Conference is set for 2/19/2014 at 10:00 AM before Judge B. Lynn Winmill. The plaintiff is directed to initiate the conference call. The Court can be reached at 208-334-9145. (jlg)
1/10/2014CourtMemorandum Decision and Order re Defendants Motion for Preliminary Injunction and Motion to Dismiss
1/7/2014CourtMinute Entry for proceedings held before Judge B. Lynn Winmill: Motion Hearing held on 1/7/2014 re 4 Motion for Preliminary Injunction, and 30 Motion to Dismiss. The matter was taken under advisement. (Court Reporter Tammy Hohenleitner.)
1/3/2014PlaintiffPlaintiffs’ Notice of Supplemental Authority re U.S. v. Chovan
12/19/2013DefendantCERTIFICATE OF SERVICE by Thomas Bostick, Andrew D. Kelly, John S. Kem, John McHugh, U.S. Army Corps of Engineers re 38 Reply to Response to Motion, (Riess, Daniel)
12/19/2013CourtCORRECTIVE ENTRY – The entry docket number 38 Reply to Response to Motion, filed by Thomas Bostick, U.S. Army Corps of Engineers, John S. Kem, John McHugh, Andrew D. Kelly was filed incorrectly in this case as it pertains to the Certificate of Service only. The filing party shall refer to ECF Procedures #8 and re-submit their correct certificate of service using event of “Certificate of Service” located under Service of Process and link to docket 38.
12/19/2013DefendantReply Brief in Support of Defendant’s Motion to Dismiss
12/13/2013CourtDOCKET ENTRY ORDER denying 36 Motion for Leave to File Excess Pages. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dm)
12/12/2013DefendantDefendant’s Unopposed Motion to Exceed Page Limitation In Reply Brief
12/6/2013CourtSet/Reset Deadlines as to 30 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM .Per Order dkt 35 Replies due by 12/19/2013.
12/4/2013CourtDOCKET ENTRY ORDER granting 34 Motion for Extension of Time to File Response/Reply. The defendant shall file a reply brief regarding its motion to dismiss on or before December 19, 2013. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dm).
12/3/2013DefendantDefendant’s Unopposed Motion for Extension of Time to File Reply Brief
11/25/2013PlaintiffPlaintiffs’ Opposition to Defendants’ Motion to Dismiss
11/20/2013DefendantNotice of Recent Authority re U.S. v. Chovan
11/19/2013CourtAMENDED DOCKET ENTRY NOTICE OF HEARING: The Motion hearing set for 12/5/2013 is RESCHEDULED for 1/7/2014 at 10:00 AM in Boise – Courtroom 3 before Judge B. Lynn Winmill. The following motions will be addressed at the hearing: 4 Motion for Preliminary Injunction and 30 Motion to Dismiss.
11/1/2013DefendantMotion to Dismiss
10/28/2013CourtSet/Reset Deadlines as to 4 MOTION for Preliminary Injunction . Per Order dkt 29 Motion Hearing set for 12/5/2013 09:00 AM in Boise – Courtroom 3 before Judge B. Lynn Winmill. (jp)
10/28/2013CourtOrder Lifting Stay & Setting Motion for Preliminary Injunction Hearing
10/28/2013DefendantMorris v. U.S. Army Corp of Engineers_Notice of Appearance for Daniel Riess for Defendants
10/2/2013CourtDOCKET ENTRY ORDERThe prior decision 26 lifting the stay is hereby MODIFIED. The stay granted by Order 25 remains in full force and effect as to all aspects of this case except the briefing and resolution of the motion for preliminary injunction 4 . Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dm)
10/1/2013CourtDOCKET ENTRY ORDER The Stay 25 is LIFTED AND WITHDRAWN. It did not apply to applications for emergency relief of any type including the application in this case. Accordingly, the Clerk may set this matter for oral argument and the case may proceed. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dm)
10/1/2013CourtRDER granting 24 Motion to Stay. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
10/1/2013DefendantMotion to Stay
9/30/2013PlaintiffPlaintiffs’ Unopposed Motion for Oral Argument
9/25/2013CourtORDER GRANTING PLAINTIFFS’ UNOPPOSED MOTION TO EXCEED PAGE LIMITS granting 20 Motion for Leave to File Excess Pages. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb) (Entered: 09/26/2013)
9/23/2013PlaintiffPlaintiffs’ Reply In Support of Their Motion for Preliminary Injunction
9/23/2013PlaintiffPlaintiffs’ Unopposed Motion to Exceed Page Limits
9/6/2013CourtDOCKET ENTRY ORDER granting 17 Motion for Leave to File Excess Pages. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dm)
9/5/2013DefendantMemorandum In Opposition to Plaintiffs’ Motion for Preliminary Injunction (ECF No. 4)
9/5/2013DefendantDefendants Motion to Exceed Page Limitation in Response Brief
9/3/2013CourtReset Deadlines as to 4 MOTION for Preliminary Injunction. Responses due by 9/6/2013. Per Order dkt #16. (cjm)
9/2/2013CourtDOCKET ENTRY ORDER granting 14 Motion for Extension of Time to File Response/Reply. The Government shall file its response to the motion for preliminary injunction 4 on or before September 6, 2013. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dm)
8/20/2013CourtSUMMONS Returned Executed by Elizabeth Morris, Alan C. Baker. All Defendants. (Attachments: # 1 Summons Summons Returned Executed as to JOHN MCHUGH, # 2 Summons Returned Executed as to THOMAS BOSTICK, # 3 Summons Returned Executed as to JOHN S. KEM, # 4 Summons Returned Executed as to ANDREW D. KELLY, #5 Summons Returned Executed as to ERIC HOLDER, # 6 Summons Returned Executed as to CIVIL PROCESS CLERK)(Manley, James)
8/15/2013DefendantUnoposed Motion for Extension of Time to Respond to Motion for Preliminary Injunction
8/15/2013DefendantNotice of Appearance for Joanne P. Rodriguez
8/7/2013PlaintiffCERTIFICATE OF SERVICE by Alan C. Baker, Elizabeth Morris re 4 MOTION for Preliminary Injunction (Lechner, Steven)
8/7/2013CourtSummons Issued as to U.S. Attorney and U.S. Attorney General (Print attached Summons for service.) (Attachments: # 1 Summons 2)(krb)
8/7/2013PlaintiffSupplement to Motion for Preliminary Injunction Replacement Exhibit 3
8/7/2013PlaintiffSupplement to Motion for Preliminary Injunction Replacement Exhibit 2
8/7/2013PlaintiffSupplement to Motion for Preliminary Injunction Replacement Exhibit 1
8/7/2013CourtSummons Issued as to All Defendants (Print attached Summons for service.) (Attachments: # 1 Summons 2, # 2 Summons 3, # 3 Summons 4, # 4 Summons 5)(krb)
8/7/2013CourtDOCKET ENTRY ORDER approving 3 Motion for Pro Hac Vice Appearance of attorney Steven J Lechner for Alan C. Baker,Steven J Lechner for Elizabeth Morris Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb)
8/7/2013CourtDOCKET ENTRY ORDER approving 2 Motion for Pro Hac Vice Appearance of attorney James M Manley for Alan C. Baker,James M Manley for Elizabeth Morris Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb)
8/7/2013CourtDOCKET ENTRY NOTICE of Case Number Change, Case reassigned to Judge B. Lynn Winmill for all further proceedings. Judge Ronald E. Bush no longer assigned to case. Please use this case number on all future pleadings, 3:13-cv-00336-BLW (krb)
8/6/2013CourtDOCKET ENTRY ORDER reassigning case to a district judge to consider the motion for preliminary injunction (Dkt. 4). There are no consents to magistrate judge jurisdiction filed in this case and magistrate judges lack jurisdiction to consider requests for injunctive relief without the consent of all parties. 28 U.S.C. § 636. Accordingly, the Clerk of the Court shall reassign this case to a district judge. Signed by Judge Ronald E. Bush. ((kb)
8/5/2013PlaintiffMemoradum Decision and Order re Motion for Preliminary Injunction
8/5/2013PlaintiffApplication for Admission Pro Hac Vice for Steven J. Lechner
8/5/2013PlaintiffApplication for Admission Pro Hac Vice for James M. Manley
8/5/2013PlaintiffComplaint for Declaratory and Injunctive Relief