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Court Dockets
United States Court of Appeals for the Ninth Circuit
Docket for Case #: 21-16278
Docket for Case #: 21-16278
CRA v. City of Berkeley
DOCKET INFORMATION
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| Entry | Filed | Description | |
|---|---|---|---|
| BL-1 | Aug 5, 2021 | View | DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant California Restaurant Association Mediation Questionnaire due on 08/12/2021. Appellant California Restaurant Association opening brief due 10/04/2021. Appellee City of Berkeley answering brief due 11/03/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12192621] (JBS) |
| BL-2 | Aug 12, 2021 | Request | Filed (ECF) Appellant California Restaurant Association Mediation Questionnaire. Date of service: 08/12/2021. [12199720] [21-16278] (Reichman, Courtland) |
| BL-3 | Aug 12, 2021 | Request | The Mediation Questionnaire for this case was filed on 08/12/2021.<br>To submit pertinent <b>confidential</b> information directly to the Circuit Mediators, please use the following <a href="http://www.ca9.uscourts.gov/mediation/addlconfinfo/?caseno=21-16278&csname=CRA v. City of Berkeley"><b>link</b></a>.<br>Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[12199773]. [21-16278] (AD) |
| BL-4 | Aug 12, 2021 | Request | Filed (ECF) notice of appearance of Peter Stanley Prows (Briscoe Ivester & Bazel LLP, 235 Montgomery Street, Suite 935, San Francisco, CA 94104) for Appellee City of Berkeley. Date of service: 08/12/2021. (Party was previously proceeding with counsel.) [12199810] [21-16278] (Prows, Peter) |
| BL-5 | Aug 12, 2021 | Request | Added Attorney(s) Peter Prows for party(s) Appellee City of Berkeley, in case 21-16278. [12199847] (JFF) |
| BL-6 | Sep 1, 2021 | Request | Filed (ECF) notice of appearance of Kylie Chiseul Kim (Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., 1615 M Street NW, Suite 400, Washington, DC 20036) for Appellant California Restaurant Association. Date of service: 09/01/2021. (Party was previously proceeding with counsel.) [12217965] [21-16278] (Kim, Chiseul) |
| BL-7 | Sep 1, 2021 | Request | Added Attorney(s) Chiseul Kim for party(s) Appellant California Restaurant Association, in case 21-16278. [12217995] (JFF) |
| BL-8 | Sep 8, 2021 | Request | Filed (ECF) notice of appearance of Anthony Lee Francois (Briscoe Ivester & Bazel LLP, 235 Montgomery Street, Suite 935, San Francisco, CA 94104) for Appellee City of Berkeley. Date of service: 09/08/2021. (Party was previously proceeding with counsel.) [12222689] [21-16278] (Francois, Anthony) |
| BL-9 | Sep 8, 2021 | Request | Added Attorney(s) Anthony L. Francois for party(s) Appellee City of Berkeley, in case 21-16278. [12222917] (JFF) |
| BL-10 | Sep 16, 2021 | Request | Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant California Restaurant Association. New requested due date is 11/03/2021. [12230385] [21-16278] (Reichman, Courtland) |
| BL-11 | Sep 16, 2021 | Request | <b>Streamlined request [10] by Appellant California Restaurant Association to extend time to file the brief is approved. Amended briefing schedule: Appellant California Restaurant Association opening brief due 11/03/2021. Appellee City of Berkeley answering brief due 12/03/2021. The optional reply brief is due 21 days from the date of service of the answering brief. </b> [12230425] (JN) |
| BL-12 | Nov 3, 2021 | Request | Filed (ECF) notice of appearance of Ariel C. Green (Reichman Jorgensen Lehman & Feldberg LLP, 100 Marine Pkwy, Suite 300, Redwood Shores, CA 94065) for Appellant California Restaurant Association. Date of service: 11/03/2021. (Party was previously proceeding with counsel.) [12277812] [21-16278] (Green Anaba, Ariel) |
| BL-13 | Nov 3, 2021 | View | Submitted (ECF) Opening Brief for review. Submitted by Appellant California Restaurant Association. Date of service: 11/03/2021. [12277813] [21-16278]--[COURT UPDATE: Attached corrected brief. 11/08/2021 by SML] (Reichman, Courtland) |
| BL-14 | Nov 3, 2021 | Request | Submitted (ECF) excerpts of record. Submitted by Appellant California Restaurant Association. Date of service: 11/03/2021. [12277815] [21-16278]--[COURT UPDATE: Attached corrected excerpts. 11/08/2021 by SML] (Reichman, Courtland) |
| BL-15 | Nov 4, 2021 | Request | Added Attorney(s) Ariel C. Green for party(s) Appellant California Restaurant Association, in case 21-16278. [12278633] (JFF) |
| BL-16 | Nov 8, 2021 | View | Filed clerk order: The opening brief submitted by California Restaurant Association are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12280959] (SML) |
| BL-17 | Nov 10, 2021 | View | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by 21-16278 Brief of Amici Curiae in Support of Plaintiff-Appellant California Restaurant Association. Date of service: 11/10/2021. [12284522] [21-16278] (Berge, Megan) |
| BL-18 | Nov 12, 2021 | Request | Received 3 paper copies of excerpts of record in 1 volume(s) filed by Appellant California Restaurant Association. [12285623] (LA) |
| BL-19 | Nov 12, 2021 | Request | Entered appearance of Amici Curiae CBIA, Air Conditioning, Heating, and Refrigeration Institute, Hearth, Patio & Barbecue Association, NAHB and NAM. [12286154] (SML) |
| BL-20 | Nov 12, 2021 | View | Filed clerk order: The amicus brief submitted by Air Conditioning, Heating, and Refrigeration Institute, CBIA, Hearth, Patio & Barbecue Association, NAHB and NAM is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 submitted to the principal office of the Clerk. [12286159] (SML) |
| BL-21 | Nov 15, 2021 | Request | Received 6 paper copies of Opening Brief filed by California Restaurant Association. [12287534] (SD) |
| BL-22 | Nov 17, 2021 | Request | Received 6 paper copies of Amicus Brief filed by Air Conditioning, Heating, and Refrigeration Institute, CBIA, Hearth, Patio & Barbecue Association, NAHB and NAM. [12290044] (SD) |
| BL-23 | Nov 22, 2021 | Request | Filed (ECF) Appellee City of Berkeley Motion to extend time to file Answering brief until 02/01/2022. Date of service: 11/22/2021. [12295657] [21-16278] (Francois, Anthony) |
| BL-24 | Nov 24, 2021 | Request | Filed clerk order (Deputy Clerk: GS): Granting Motion (ECF Filing) filed by Appellee City of Berkeley; Appellee City of Berkeley answering brief due 02/01/2022. The optional reply brief is due 21 days after service of the answering brief. [12298061] (GS) |
| BL-25 | Feb 1, 2022 | View | Submitted (ECF) Answering Brief for review. Submitted by Appellee City of Berkeley. Date of service: 02/01/2022. [12358086] [21-16278] (Francois, Anthony) |
| BL-26 | Feb 2, 2022 | Request | Filed clerk order: The answering brief submitted by City of Berkeley is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 submitted to the principal office of the Clerk. [12358676] (SML) |
| BL-27 | Feb 2, 2022 | Request | Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant California Restaurant Association. New requested due date is 03/24/2022. [12359495] [21-16278] (Green Anaba, Ariel) |
| BL-28 | Feb 3, 2022 | Request | <b>Streamlined request [27] by Appellant California Restaurant Association to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 03/24/2022. </b> [12359595] (JN) |
| BL-29 | Feb 4, 2022 | Request | Filed (ECF) notice of appearance of Gary J. Toman (Weinberg Wheeler Hudgins Gunn & Dial LLC, 3344 Peachtree Road, Suite 2400, Atlanta, Georgia, 30326) for Appellant California Restaurant Association. Date of service: 02/04/2022. (Party was previously proceeding with counsel.) [12360700] [21-16278] (Toman, Gary) |
| BL-30 | Feb 4, 2022 | Request | Added Attorney(s) Gary J. Toman for party(s) Appellant California Restaurant Association, in case 21-16278. [12360711] (QDL) |
| BL-31 | Feb 4, 2022 | Request | Received 6 paper copies of Answering Brief filed by City of Berkeley. [12361554] (SD) |
| BL-32 | Feb 8, 2022 | View | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by BRIEF OF AMICI CURIAE NATIONAL LEAGUE OF CITIES; LEAGUE OF CALIFORNIA CITIES; CALIFORNIA STATE ASSOCIATION OF COUNTIES IN SUPPORT OF DEFENDANT-APPELLEE CITY OF BERKELEY AND UPHOLDING OF THE DISTRICT COURT. Date of service: 02/08/2022. [12364138] [21-16278] (Burger, Michael) |
| BL-33 | Feb 8, 2022 | View | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by United States of America. Date of service: 02/08/2022. [12364199] [21-16278] (Pulham, Thomas) |
| BL-34 | Feb 8, 2022 | View | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Brief of The States of California, Maryland, New Jersey, New Mexico, New York, Oregon, and Washington, The Commonwealth of Massachusetts, The District of Columbia, and The City of New York As Amici Curiae in Support of Defendant-Appellee City of Berkeley. Date of service: 02/08/2022. [12364379] [21-16278] (McCombs, Theodore) |
| BL-35 | Feb 8, 2022 | Request | Entered appearance of Amici Curiae National League of Cities, League of California Cities, CSAC and USA. [12364481] (SML) |
| BL-36 | Feb 8, 2022 | View | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by BRIEF OF AMICI CURIAE CLIMATE HEALTH NOW; SAN FRANCISCO BAY PHYSICIANS FOR SOCIAL RESPONSIBILITY IN SUPPORT OF DEFENDANT-APPELLEE CITY OF BERKELEY AND AFFIRMANCE. Date of service: 02/08/2022. [12364485] [21-16278]--[COURT UPDATE: Attached corrected brief. 02/09/2022 by SML] (Hsu, Regina) |
| BL-37 | Feb 8, 2022 | Request | Entered appearance of Amicus Curiae States of California; et al. [12364491] (SML) |
| BL-38 | Feb 8, 2022 | View | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by William Boyd, Daniel A. Farber, Sharon Jacobs, Jim Rossi, David B. Spence, Shelley H. Welton, and Hannah Wiseman. Date of service: 02/08/2022. [12364495] [21-16278] (Carpenter-Gold, Daniel) |
| BL-39 | Feb 8, 2022 | Request | Filed clerk order: The amicus brief (SML) |
| BL-40 | Feb 8, 2022 | Request | Entered appearance of Amicus Curiae Energy and Environmental Law Professors. [12364535] (SML) |
| BL-41 | Feb 8, 2022 | View | Filed clerk order: The amicus brief submitted by Energy and Environmental Law Professors is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 submitted to the principal office of the Clerk. [12364540] (SML) |
| BL-42 | Feb 8, 2022 | View | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Chef Christopher Galarza and Chef Gerard Kenny II. Date of service: 02/08/2022. [12364703] [21-16278] (Leefatt, Kimberly) |
| BL-43 | Feb 9, 2022 | Request | Entered appearance of Amici Curiae Christopher Galarza and Gerard Kenny II. [12364819] (SML) |
| BL-44 | Feb 9, 2022 | Request | Filed clerk order: The amicus brief submitted by Christopher Galarza and Gerard Kenny, II is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 submitted to the principal office of the Clerk. [12364826] (SML) |
| BL-45 | Feb 9, 2022 | Request | Entered appearance of Amici Curiae Climate Health Now and San Francisco Bay Physicians for Social Responsibility. [12364866] (SML) |
| BL-46 | Feb 9, 2022 | Request | Filed clerk order: The amicus brief submitted by Climate Health Now and San Francisco Bay Physicians for Social Responsibility is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 submitted to the principal office of the Clerk. [12364870] (SML) |
| BL-47 | Feb 9, 2022 | Request | Filed (ECF) Appellant California Restaurant Association Unopposed Motion to extend time to file Reply brief until 04/25/2022. Date of service: 02/09/2022. [12365768] [21-16278] (Green Anaba, Ariel) |
| BL-48 | Feb 10, 2022 | Request | Received 6 paper copies of Amicus Brief filed by States of California, et al. [12366912] (SD) |
| BL-49 | Feb 11, 2022 | Request | Filed text clerk order (Deputy Clerk: OC): The motion for appellant to file its reply brief is granted in part . The reply brief is due on Thursday, April 14, 2022. [12367410] (OC) |
| BL-50 | Feb 11, 2022 | Request | Received 6 paper copies of Amicus Brief filed by National League of Cities, League of California Cities, and CSAC. [12367948] (SD) |
| BL-51 | Feb 11, 2022 | Request | Received 6 paper copies of Amicus Brief filed by Climate Health Now and San Francisco Bay Physicians for Social Responsibility. [12368231] (SD) |
| BL-52 | Feb 14, 2022 | Request | Received 6 paper copies of Amicus Brief filed by Energy and Environmental Law Professors. [12369451] (SD) |
| BL-53 | Feb 14, 2022 | Request | Received 6 paper copies of Amicus Brief filed by USA. [12369625] (SD) |
| BL-54 | Feb 15, 2022 | Request | Received 6 paper copies of Amicus Brief filed by Christopher Galarza and Gerard Kenny, II. [12370979] (SD) |
| BL-55 | Feb 18, 2022 | Request | Filed (ECF) notice of appearance of Jonathan A. Wiener (California Department of Justice, Office of the Attorney General, 455 Golden Gate Avenue, Suite 11000, San Francisco, CA 94102) for Amicus Curiae State of California. Date of service: 02/18/2022. (Party was previously proceeding with counsel.) [12374686] [21-16278] (Wiener, Jonathan) |
| BL-56 | Feb 18, 2022 | Request | Added Attorney(s) Jonathan A. Wiener for party(s) Amicus Curiae State of California, in case 21-16278. [12374725] (QDL) |
| BL-57 | Feb 27, 2022 | Request | Notice of Oral Argument on Thursday, May 12, 2022 - 09:00 A.M. - Courtroom 1 - Scheduled Location: San Francisco CA.<br>The hearing time is the local time zone at the scheduled hearing location.<br><br>View the Oral Argument Calendar for your case <a href="http://www.ca9.uscourts.gov/calendar/view/?caseno=21-16278"><b>here</b></a>.<br><br>NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. <i>See</i> Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Check <a href="https://cdn.ca9.uscourts.gov/datastore/general/2021/08/09/Covid-Updates.pdf">here</a> for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion, <b>and any attorney wishing to appear in person must provide proof of vaccination</b>. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance.<br><br>Please note however that if you do elect to appear remotely, the court <b>strongly prefers</b> video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so.<br><br>Be sure to review the <a href="http://cdn.ca9.uscourts.gov/datastore/uploads/forms/hearing_notice/ntc_hear.pdf">GUIDELINES</a> for important information about your hearing, including when to be available (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).<br><br>If you are the specific attorney or self-represented party who will be arguing, use the <b><u><a href="http://www.ca9.uscourts.gov/calendar/oral-argument-information/">ACKNOWLEDGMENT OF HEARING NOTICE</a></u></b> filing type in CM/ECF no later than 28 days before Thursday, May 12, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12381119]. [21-16278] (KS) |
| BL-58 | Mar 8, 2022 | View | Filed (ECF) Amicus Curiae USA Unopposed Motion for miscellaneous relief [Motion to participate in oral argument]. Date of service: 03/08/2022. [12389288] [21-16278] (Pulham, Thomas) |
| BL-59 | Mar 9, 2022 | Request | Filed text clerk order (Deputy Clerk: OC): The motion of amicus curiae United States to participate at oral argument (Dkt. ) is granted. The United States is allocated five minutes, which shall be subtracted from the argument time allocated to appellee City of Berkeley. [12390071] (OC) |
| BL-60 | Mar 22, 2022 | View | Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by American Gas Association. Date of service: 03/22/2022. [12401911] [21-16278] (Murray, Michael) |
| BL-61 | Mar 22, 2022 | Request | Entered appearance of Amicus Curiae - Pending American Gas Association. [12402126] (SML) |
| BL-62 | Mar 23, 2022 | Request | Filed clerk order (Deputy Clerk: AF): Defendant-Appellee is ordered to file a response to the American Gas Associations motion for leave to file an out-of-time amicus curiae brief in support of Plaintiff-Appellant (Dkt. No. ) within seven (7) days of this order. [12402598] (AF) |
| BL-63 | Mar 30, 2022 | Request | Filed (ECF) Appellee City of Berkeley response opposing motion ( Motion (ECF Filing) motion to become amicus). Date of service: 03/30/2022. [12408223] [21-16278] (Francois, Anthony) |
| BL-64 | Mar 31, 2022 | Request | Filed text clerk order (Deputy Clerk: OC): American Gas Association (AGA)s motion for leave to file an out-of-time amicus curiae brief in support of Plaintiff-Appellant (Dkt. No. ) is granted. Defendant-Appellee is hereby granted leave to file an answer within fourteen days of this order. See Fed. App. P. 29(a)(6). The word count in any such answer shall not exceed the word count of AGAs amicus curiae brief. It is further ordered that the argument time allocated to each side be increased from 15 minutes to 20 minutes. [12409943] (OC) |
| BL-65 | Mar 31, 2022 | Request | Filed clerk order: The amicus brief submitted by American Gas Association is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 submitted to the principal office of the Clerk. [12410316] (SML) |
| BL-66 | Apr 5, 2022 | Request | Received 6 paper copies of Amicus Brief filed by American Gas Association. (sent to panel) [12413048] (SD) |
| BL-67 | Apr 12, 2022 | Request | Filed (ECF) Acknowledgment of hearing notice by Attorney Courtland L. Reichman for Appellant California Restaurant Association. Hearing in San Francisco on 05/12/2022 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 20) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 04/12/2022. [12418571] [21-16278] (Reichman, Courtland) |
| BL-68 | Apr 13, 2022 | Request | Filed (ECF) Acknowledgment of hearing notice by Attorney Anthony L. Francois for Appellee City of Berkeley. Hearing in San Francisco on 05/12/2022 at 09:00 A.M. (Courtroom: 1). Filer sharing argument time: No. (Argument minutes: 15) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 04/13/2022. [12419918] [21-16278] (Francois, Anthony) |
| BL-69 | Apr 13, 2022 | Request | Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Thomas G. Pulham for Amicus Curiae USA. Hearing in San Francisco on 05/12/2022 at 09:00 A.M. (Courtroom: 1). Filer sharing argument time: No. (Argument minutes: 5) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 04/13/2022. [12420572] [21-16278] (Pulham, Thomas) |
| BL-70 | Apr 14, 2022 | Request | Submitted (ECF) Supplemental Brief for review. Submitted by Appellee City of Berkeley. Date of service: 04/14/2022. [12421367] [21-16278] (Francois, Anthony) |
| BL-71 | Apr 14, 2022 | Request | Filed clerk order: The supplemental brief submitted by City of Berkeley is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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: tan. The paper copies shall be submitted to the principal office of the Clerk. [12421549] (KWG) |
| BL-72 | Apr 14, 2022 | Request | Filed (ECF) notice of appearance of Brian Christopher Baran (Reichman Jorgensen Lehman & Feldberg LLP, 100 Marine Parkway, Suite 300, Redwood Shores, CA 94065) for Appellant California Restaurant Association. Date of service: 04/14/2022. (Party was previously proceeding with counsel.) [12421844] [21-16278] (Baran, Brian) |
| BL-73 | Apr 14, 2022 | Request | Added Attorney(s) Brian Baran for party(s) Appellant California Restaurant Association, in case 21-16278. [12421853] (QDL) |
| BL-74 | Apr 14, 2022 | Request | Filed (ECF) Acknowledgment of hearing notice by Attorney Brian Baran for Appellant California Restaurant Association. Hearing in San Francisco on 05/12/2022 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 20) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 04/14/2022. [12421931] [21-16278] (Baran, Brian) |
| BL-75 | Apr 14, 2022 | View | Submitted (ECF) Reply Brief for review. Submitted by Appellant California Restaurant Association. Date of service: 04/14/2022. [12422074] [21-16278] (Reichman, Courtland) |
| BL-76 | Apr 15, 2022 | Request | Filed clerk order: The reply brief submitted by California Restaurant Association is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 submitted to the principal office of the Clerk. [12422173] (KWG) |
| BL-77 | Apr 15, 2022 | Request | Received 6 paper copies of Supplemental Brief filed by City of Berkeley. (sent to panel) [12423010] (SD) |
| BL-78 | Apr 19, 2022 | Request | Received 6 paper copies of Reply Brief filed by California Restaurant Association. (sent to panel) [12425342] (SD) |
| BL-79 | Apr 28, 2022 | View | Filed clerk order (Deputy Clerk: OC): The Court directs counsel to be prepared at argument to address: 1. The significance of the Energy Policy and Conservation Act of 1975 (EPCA) Subchapter Is regulation of Domestic Supply Availability, including its limitation of state governors authority to prohibit major fuel burning stationary sources from using fuels, including natural gas, other than locally or regionally available coal or coal derivatives, 42 U.S.C. 6215(a)(1). 2. The significance of the EPCA provision allowing waiver of Subchapter III, Parts A and A1 preemption if the Secretary of Energy finds, inter alia, that there is an energy emergency condition due to the inability of the State or utilities within the State to provide adequate quantities of gas or electric energy . . . to its residents at less than prohibitive costs. 42 U.S.C. 6297(d)(5)(B)(i)(I) (emphasis added). 3. The significance of 42 U.S.C. 6399 (providing that [n]o provision of this chapter shall . . . require any allocation of[ ] natural gas not subject to the juris-diction of the Secretary or the Federal Energy Regulatory Commission) (emphasis added). [12433558] (OC) |
| BL-80 | May 12, 2022 | Request | ARGUED AND SUBMITTED TO DIARMUID F. O'SCANNLAIN, PATRICK J. BUMATAY and M. MILLER BAKER. [12445321] (BJK) |
| BL-81 | May 12, 2022 | Request | Filed Audio recording of oral argument.<br> <b>Note:</b> Video recordings of public argument calendars are available on the Court's website, at <a href="http://www.ca9.uscourts.gov/media/">http://www.ca9.uscourts.gov/media/</a><br>[12446379] (BJK) |