Miccosukee Tribe of Indians of Florida v. United States, EPA, Browner

United States Court of Appeals for the Eleventh Circuit

CASE NO: 95-5080

Opinions Below: Decisions of United States District Court for the Southern District of Florida
(Case No. 88-1886-CIV-HOEVELER)

back to: 95-5080 Pleadings
 case matrix

 N O.

P L E A D I N G

P A R T Y

D A T E

1

 Defendant-Intervenor/Appellant, the City of Belle Glade's Notice of Filing Order and Designation of Reporter's Transcripts City of Belle Glade

(CBG)

4/27/92

2

 Notice of Appearance of Counsel City of Clewiston

(CC)

5/8/92

3

 Notice of Appearance of Counsel CBG

5/8/92

4

 Defendant-Intervenor/Appellant, the Florida Sugar Cane League, Inc.'s Notice of Filing Rule 10(b) Transcript Order Form Florida Sugar Cane League (FSCL)

5/15/92

5

 Clerk of the Court

U.S.C.A. 11th Circuit

Ordering and Designation of Reporter's Transcripts [Pursuant to FRAP 10(b)]

  

5/28/92

6

 Rule 26.1-1 Certificate of Interested Persons and Corporate to Accompany United States Opposition to "Motion of Farm Bureau Roth and K.W.B. Farms for Leave to File Documents Pertaining to Agencies' Collusion in Evading Jurisdictional Inquiry" US

No Date

7

 United States' Excerpts of Record US

6/9/92

8

 Clerk of the Court

U.S.C.A. 11th Circuit

Memorandum to Counsel or Parties advising that the Record is complete for purposes of appeal. Appellant’s Brief and Record Excerpts are due within 42 days from this date.

  

7/15/92

9

 Rule 26.1-1 Certificate of Interested Persons and Corporate Disclosure Statement US

7/28/92

10

 United States' Motion to Strike From The Record on Appeal Appellants' Submissions of Excerpts From a Swim Plan US

7/28/92

11

 Appellant, the Florida Sugar Cane League, Inc.'s Response in Opposition to United States' Motion to Strike from the Record On Appeal Submissions of Excerpts from a SWIM Plan FSCL

8/6/92

12

 U.S.C.A. 11th Circuit

ORDER: 

Granting Appellants’ motion for extension of time to respond to United States' Motion to Strike to 8/12/92.

  

8/13/92

13

 Motion to Correct Caption of the Appeal

(Based on USCA 11th Circuit Deputy Clerk’s 8/13/92 letter).

 US

No Date

14

 Motion to Consolidate Appeals and for Enlargement of Pages for the United States' Opening Brief as Appellee and Cross-Appellant US

9/4/92

15

 Response of Appellants Farm Bureau, Roth Farms and K.W.B. Farms to United States Motion to Correct Caption of the Appeal Farm Bureau,

Roth Farms,

K.W.B. Farms

9/18/92

16

 Response of Appellants Farms Bureau, Roth Farms and K.W.B. Farms to United States Motion to Consolidate and to Enlarge its Brief Farm Bureau,

Roth Farms,

K.W.B. Farms

9/18/82

17

 U.S.C.A. 11th Circuit

ORDER:

Appeal of United States "Extension of Time" may proceed

  

11/13/92

18

 J.F. Dubina, USCA 11th Circuit Judge

 

ORDER:

1. U.S. Motion to Consolidate Nos. 92-4314 and 92-4831 GRANTED

2. U.S. Motion for Enlargement of Pages, DENIED

3. U.S. Motion to Correct Caption, GRANTED

  

12/22/92

19

 United States' Unopposed Motion for an Extension of Time to File Opening Brief US

12/29/92

20

 Rule 26.1-1 Certificate of Interested Persons and Corporate Disclosure Statement US

12/29/92

21

 Appellant's, the Florida Sugar Cane League, Inc., Unopposed Motion for Enlargement of Time in which to File its Initial Brief FSCL

12/30/92

22

 Appellant's, the Cities of Belle Glade and Clewiston, Unopposed Motion for Enlargement of Time in Which to File Their Initial Brief CBG

CC

12/30/92

23

 Unopposed Motion of Appellants Farm Bureau, Roth Farms and K.W.B. Farms to Extend Time for Filing Initial Brief Farm Bureau,

Roth Farms,

K.W.B. Farms

12/30/92

24

 U.S.C.A. 11th Circuit

 

ORDER:

League's Motion for an Expansion of Time in Which to File Brief - GRANTED

  

1/11/93

25

Initial Brief of Intervenor Defendant/Appellant Florida Sugar Cane League, Inc.

Appendix to Initial Brief of intervenor Defendant, Appellant FSCL

 FSCL

1/26/93

26

 Initial Brief of Appellants Farm Bureau, Roth, K.W.B. Farms Farm Bureau,

Roth Farms,

K.W.B. Farms

1/26/93

27

 Initial Brief of Intervenor Defendants/Appellants/Cross-Appellees, City of Belle Glade and Clewiston, Florida CBG

CC

1/26/93

28

 United States' Motion for Leave to File Brief One Day Out of Time US

1/27/93

29

 Brief for the United States as Appellant US

1/27/93

30

 Notice of Scrivener's Error FSCL

1/29/93

31

 Florida Sugar Cane League's Motion for Leave to File Record Excerpts Out of Time FSCL

2/5/93

32

 Motion for Leave to File Out of Time FSCL

2/5/93

33

 United States' Motion for an Extension of Time to File Brief as Appellee US

3/1/93

34

 United States’ Motion for an Enlargement of Pages For Its Brief as Appellee US

3/1/93

35

 Appellees' Joint Motion for Extension of Time Florida Department of Environmental Protection

(DEP)

SFWMD

3/1/93

36

 Cross-Appellee Florida Sugar Cane League, Inc.'s Unopposed Motion for Thirty (30) Day Enlargement of Time to File Answer Brief in Response to Initial Brief of United States FSCL

3/2/93

37

 Appellants', the Cities of Belle Glade and Clewiston, Motion for Enlargement of Time in Which to File Their Answer Brief CBG

CC

3/3/93

38

 Appellants, the Florida Sugar Cane League, Inc., Response in Opposition to the United States' Motion for Enlargement of Page Limitation FSCL

3/8/93

39

 Appellants', The Cities of Belle Glade and Clewiston, Response in Opposition to the United States' Motion for An Enlargement of Pages for its Brief As Appellee CBG

CC

3/8/93

40

 Joinder by Appellants, Cross-Appellees Farm Bureau, Roth, K.W.B. In Motion to Extend Briefing Schedule; Response to United States Motion to Enlarge Its Appellee Brief Farm Bureau,

Roth Farms,

K.W.B. Farms

3/8/93

41

 Suggestion of Hearing En Banc Farm Bureau,

Roth Farms,

K.W.B. Farms

4/7/93

42

 Unopposed Motion of Appellants, Cross-Appellees Farm Bureau, Roth and K.W.B. Farms, Sugar Cane League, Belle Glade, Clewiston for 10-Day Extension of time to File Cross-Appellee Briefs Farm Bureau,

Roth Farms,

K.W.B. Farms

FSCL

CBG

CC

4/7/93

    

43

(briefs file E)

 Joint Consolidated Answer Brief of Appellees South Florida Water Management District, Tilford Creel, Florida Department of Environmental Regulation, and Carol Browner SFWMD

DEP

4/7/93

44

 United States' Unopposed Motion for an Extension of Time to File Brief as Appellee US

4/9/93

45

 Unopposed Motion of Appellants, Cross-Appellees Farm Bureau, Roth and K.W.B. Farms, Sugar Cane League, Belle Glade and Clewiston to Extend Time to File Cross-Appellee Briefs and Appellants' Replies Farm Bureau,

Roth Farms,

K.W.B. Farms

FSCL

CBG

CC

4/20/93

46

 J.F. Dubina, USCA 11th Circuit Judge

ORDER: 

      1. Appellees' (SFWMD, DEP and FL Audubon) Motions for extension of time to file their briefs GRANTED to and including 14 days from the date of this order.

      2. Appellee-cross-appellant US Motion for an enlargement of pages not exceeding 75 pgs. is DENIED.

      3. Appellee-cross-appellant US unopposed motion for an extension of time to file brief is GRANTED to & including 14 days from date of this order.

      4. Appellant-cross-Appellee League, unopposed motion for 30 days enlargement of time to file answer brief is GRANTED.

      5. Appellants-cross-Appellee’s Farm Bureau, Roth Farms & K.W.B. Farms Joinder in motion to extend briefing schedule and unopposed motion for 10 days extension of time to file cross-Appellee briefs are GRANTED. All appellants-cross-Appellees' briefs will be due 30 days from filing w/ US brief

 

4/29/93

47

 Joint Unopposed Motion for Enlargement of Time in Which to File Answer Briefs CBG

CC

5/3/93

48

(briefs file F)

 Brief for the United States as Appellee US

5/12/93

49

(briefs file G)

 Brief of Cross-Appellees Farm Bureau, Roth, K.W.B. Farms Farm Bureau, Roth Farms, KWB Farms

5/13/93

50

(briefs file H)

 Answer Brief of the City of Belle Glade, Florida, and the City of Clewiston, Florida Belle Glade & Clewiston

5/13/93

51

(briefs file I)

 Brief of Appellees Florida Audubon Society, et al. Florida Audubon Society

(FAS)

5/13/93

52

(briefs file J)

 Answer Brief of Florida Sugar Cane League, Inc. as Cross-Appellee FSCL

5/15/93

53

 Motion of Appellants, Cross-Appellees and Appellees Farm Bureau, Roth and K.W.B. Farms for Leave to File Documents Pertaining to Appellee Agencies' Collusion in Evading Jurisdictional Inquiry Farm Bureau,

Roth Farms,

K.W.B. Farms

6/11/93

54

 United States' Unopposed Motion for Extension of Time to File Response to "Motion of Appellants. Cross-Appellees and Appellees Farm Bureau, Roth and K.W.B. Farms for Leave to File Documents Pertaining to Appellee Agencies' Collusion in Evading Jurisdictional Inquiry" US

6/18/93

55

(briefs file K)

 Reply Brief of Intervenor Defendants/Appellants/Cross-Appellees/Appellees, City of Belle Glade and City of Clewiston, Florida Belle Glade & Clewiston

6/22/93

56

(briefs file L)

 Reply Brief of Appellants Farm Bureau, Roth, K.W.B. Farms Farm Bureau, Roth Farms, KWB Farms

6/22/93

57

(briefs file M)

 Consolidated Reply Brief of Cross-Appellee, Florida Sugar Cane League, Inc. FSCL

6/22/93

58

(briefs file N)

 Reply Brief for the United States as Appellant US

6/22/93

59

 United States' Opposition to "Motion of Farm Bureau, Roth and K.W.B. Farms for Leave to File Documents Pertaining to Agencies Collusion in Evading Jurisdictional Inquiry" US

6/23/93

60

 Response of Appellants, Cross Appellees and Appellees Farm Bureau, Roth and K.W.B. Farms to United States Opposition to Tendered Filings Pertaining to Appellees' Agencies' Collusion in Evading Jurisdictional Inquiry Farm Bureau,

Roth Farms,

K.W.B. Farms

6/28/93

61

 Record Excerpts of Intervenor Defendant/Appellant Florida Sugar Cane League Inc. FSCL

No Date

62

 Record Excerpts of Intervenor Defendant/Appellants City of Belle Glade and City of Clewiston CBG

CC

No Date

63

J.W. Hatchett, USCA 11th Circuit Judge

 

ORDER:

Motion of Farm Bureau and K.W.B. Farms for leave to file documents pertaining to Appellee’s Agencies' Collusion in Evading Jurisdictional Inquiry; carried with the case.

  

7/2/93

64

 Edmondson, USCA 11th Circuit Judge

 

ORDER:

      1. Suggestion of Hearing En Banc is DENIED.

      2. Appellee-Cross-Appellant US’s Motion to strike from the record on appeal appellants' submission of excerpts from SWIM Plan is carried with the case.

      3. Motion of Appellants-Cross-Appellees and Appellees, Farm Bureau, Roth and K.W.B. Farms, for leave to file documents pertaining to Appellee's agencies' collusion in evading jurisdictional inquiry is carried with the case.

  

11/3/93

65

 Motion of Appellants, Cross-Appellees and Appellees Farm Bureau, Roth and K.W.B. Farms to Enlarge Oral Argument Time or For Prehearing Conference. Farm Bureau,

Roth Farms,

K.W.B. Farms

11/12/93

66

 FRAP 28(f) Submission by Appellants, Cross-Appellees, Appellees Farm Bureau, Roth and K.W.B. Farms of Relevant Statutory, Rule and Contract Texts Farm Bureau,

Roth Farms,

K.W.B. Farms

2/26/94

67

  1. Kavanaugh (EBK) Letter to Miguel J. Cortez (Clerk of the USCA, 11th circuit)

re: Citation of Supplemental Authority in United States of America v. SFWMD (USDC No. 88-1886-CIV-HOEVELER, with attached Appendix A, "Everglades Forever Act" a bill adopted on April 13, 1994, amending Section 373.4592, F.S. (Supp.1994) which was signed into law May 3, 1994 by the Governor of Florida.

This law is pertinent to Section V of FSCL’s initial Brief and Section II(B) of its Reply Brief ( conformance of the Consent Decree in 88-1886-CIV-HOEVELER to Florida law).

 FSCL

6/7/94

68
  1. Smith (HBG) Letter to Miguel J. Cortez (Clerk of the USCA, 11th circuit)

 

re: 1. Supreme Court of Florida decision In Re: Advisory Opinion to the Attorney General - Save Our Everglades Trust Fund (So.2d__,19 Fla. L. Weekly S276 (Fla May 26, 1994)). Pertinent to Appellants’ Main Brief and their Suggestion of Hearing En Banc.

2. Chapter 94-115, Fla. Laws 1994 ("Everglades Forever Act"). Legislation is pertinent to argument made by the United States, DEP, and SFWMD re Order Entering Settlement Agreement as Consent Decree in 88-1886-CIV-HOEVELER.

 Farm Bureau,

Roth Farms,

K.W.B. Farms

6/8/94

69

 United States' Motion for an Order Requiring Supplemental Briefing US

6/13/94

70

 Response of Florida Sugar Cane League, Inc. to United States' Motion for an Order Requiring Supplementing Briefing FSCL

6/20/94

71

 Response of the Cities of Belle Glade and Clewiston, Florida, to United States' Motion for an Order Requiring Supplemental Briefing CBG

CC

6/21/94

72

 Response of Appellants Farm Bureau, Roth Farms and K.W.B. Farms to United States Motion for Order Requiring Supplemental Briefs Farm Bureau,

Roth Farms,

K.W.B. Farms

6/27/94