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• Mendocino Railway vs. Ainsworth et al, 9th Circuit Court of Appeals

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Federal District Court and Ninth Circuit Court of Appeals Cases

City of Fort Bragg v. Mendocino Railway, Removed from Mendocino County Superior Court to Federal District Court by Mendocino Railway

• NOTICE OF REMOVAL, filed October 20, 2022.
• NOTICE OF ENTRY OF ORDER , filed November 7, 2022. California Coastal Commission's filing from Mendocino County Superior Court case.
• CALIFORNIA COASTAL COMMISSION'S COMPLAINT IN INTERVENTION, filed November 7, 2022. California Coastal Commission's filing from Mendocino County Superior Court case.
• CALIFORNIA COASTAL COMMISSION'S NOTICE OF MOTION AND MOTION TO REMAND ACTION TO STATE COURT, filed November 21, 2022
  • CALIFORNIA COASTAL COMMISSION'S REQUEST FOR JUDICIAL NOTICE, filed November 21, 2022
  • MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF CALIFORNIA COASTAL COMMISSION'S MOTION TO REMAND ACTION TO STATE COURT, filed November 21, 2022
• CITY'S MOTION TO REMAND ACTION TO STATE COURT, filed November 21, 2022
  • DECLARATION OF KRISTA MACNEVIN JEE IN SUPPORT OF MOTION TO REMAND, filed November 21, 2022
  • [PROPOSED] ORDER GRANTING CITY'S MOTION TO REMAND CASE TO STATE COURT, filed November 21, 2022
  • DEFENDANT MENDOCINO RAILWAY'S CONSOLIDATED OPPOSITION TO PLAINTIFF'S MOTIONS TO REMAND, filed December 5, 2022.
  • DECLARATION OF ROBERT PINOLI IN SUPPORT OF DEFENDANT MENDOCINO RAILWAY'S CONSOLIDATED OPPOSITION TO PLAINTIFF'S MOTIONS TO REMAND, filed December 5, 2022.
  • REPLY TO DEFENANT MENDOCINO RAILWAY'S CONSOLIDATED OPPOSITION TO PLAINTIFF'S MOTIONS TO REMAND, filed December 12, 2022
  • INTERVENOR CALIFORNIA COASTAL COMMISSION'S REPLY TO DEFENDANT'S CONSOLIDATED OPPOSITION TO MOTIONS TO REMAND ACTION TO STATE COURT, filed December 12, 2022
  • ADMINISTRATIVE MOTION TO EXTEND TIME AND PAGE LIMIT FOR FILING OF EVIDENTIARY OBJECTIONS TO DECLARATION OF ROBERT PINOLI IN SUPPORT OF OPPOSITION TO MOTION TO REMAND, AND ACCOMPANYING DECLARATION OF KRISTA MACNEVIN JEE IN SUPPORT THEREOF, filed December 28, 2022
    • DECLARATION OF KRISTA MACNEVIN JEE IN SUPPORT OF ADMINISTRATIVE MOTION TO EXTEND TIME AND PAGE LIMIT FOR FILING OF EVIDENTIARY OBJECTIONS TO DECLARATION OF ROBERT PINOLI IN SUPPORT OF OPPOSITION TO MOTION TO REMAND, AND ACCOMPANYING DECLARATION OF KRISTA MACNEVIN JEE IN SUPPORT THEREOF, filed December 28, 2022
    • [PROPOSED] ORDER GRANTING CITY’S ADMINISTRATIVE MOTION TO EXTEND TIME AND PAGE LIMIT FOR FILING OF EVIDENTIARY OBJECTIONS TO DECLARATION OF ROBERT PINOLI IN SUPPORT OF OPPOSITION TO MOTION TO REMAND, AND ACCOMPANYING DECLARATION OF KRISTA MACNEVIN JEE IN SUPPORT THEREOF, filed December 28, 2022
    • DEFENDANT MENDOCINO RAILWAY'S OPPOSITION TO PLAINTIFF CITY OF FORT BRAGG'S ADMINISTRATIVE MOTION TO EXTEND TIME AND PAGE LIMITS FOR EVIDENTIARY OBJECTIONS, filed January 3, 2023
    • DECLARATION OF PAUL BEARD IN SUPPORT OF DEFENDANT MENDOCINO RAILWAY'S OPPOSITION TO PLAINTIFF CITY OF FORT BRAGG'S ADMINISTRATIVE MOTION TO EXTEND TIME AND PAGE LIMITS FOR EVIDENTIARY OBJECTIONS, filed January 3, 2023
  • ORDER DENYING MOTION FOR EXTENSION OF TIME TO FILE EVIDENTIARY OBJECTIONS TO AND EXTEND PAGE LIMIT OF EVIDENTIARY OBJECTIONS, filed January 9, 2023
  • ORDER GRANTING MOTIONS TO REMAND, filed May 11, 2023

  Mendocino Railway vs. California Coastal Commission and the City of Fort Bragg, filed August 9, 2022 in Federal District Court for Northern California in Eureka, California.

  • Case CIVIL COVER SHEET filed August 9, 2022, claiming, "Defendant state and local actors unlawfully claim permit authority over federally regulated railroad."
  • COMPLAINT FOR DECLARATORY JUDGMENT, filed August 9, 2022
  • DEFENDANT JACK AINSWORTH'S NOTICE OF MOTION, MOTION TO DISMISS, ANDMEMORANDUM OF POINTS AND AUTHORITIES, filed September 22, 2022. Response of Defendant California Coastal Commission
    • REQUEST FOR JUDICIAL NOTICE, filed September 22, 2022.
    • [PROPOSED] ORDER, filed September 22, 2022.
  • CITY OF FORT BRAGG'S NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF MENDOCINO RAILWAY'S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF, filed September 22, 2022.
    • REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF CITY OF FORT BRAGG'S MOTION TO DISMISS COMPLAINT, filed filed September 22, 2022.
    • DECLARATION OF KRISTA MACNEVIN JEE IN SUPPORT OF DEFENDANT CITY'S MOTION TO DISMISS.
    • PLAINTIFF'S OPPOSITION TO DEFENDANT JACK AINSWORTH'S MOTION TO DISMISS, filed October 20, 2022.
    • PLAINTIFF'S OPPOSITION TO DEFENDANT CITY OF FORT BRAGG'S MOTION TO DISMISS, filed October 20, 2022.
    • PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE IN OPPOSITION TO MOTIONS TO DISMISS, filed October 21, 2022.
    • DEFENDANT JACK AINSWORTH'S REPLY TO PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO DISMISS, filed November 3, 2022
    • DEFENDANT CITY OF FORT BRAGG'S REPLY TO OPPOSITION TO MOTION TO DISMISS, filed November 4, 2022
    • REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF CITY OF FORT BRAGG'S REPLY TO OPPOSITION TO MOTION TO DISMISS, filed November 4, 2022
  • PLAINTIFF'S ADMINISTRATIVE MOTION FOR CONSIDERATION WHETHER TWO PENDING CASES SHOULD BE RELATED (L.R. 3-12), filed October 31, 2022. Mendocino Railway's motion to combine the Fort Bragg v. Mendocino Railway case, "Removed" to Federal Court by Mendocino Railway, with this case.
    • DECLARATION OF PAUL BEARD II IN SUPPORT OF ADMINISTRATIVE MOTION RE: RELATED CASES, filed October 31, 2022.
    • PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ADMINISTRATIVE MOTION RE: RELATED CASES, filed October 31, 2022.
      • City of Fort Bragg vs. Mendocino Railway VERIFIED COMPLAINT FOR INJUNCTIVE RELIER, filed October 31, 2022.
      • City of Fort Bragg vs. Mendocino Railway: California Coastal Commission COMPLAINT IN INTERVENTION, filed October 31, 2022.
      • City of Fort Bragg vs. Mendocino Railway: NOTICE OF REMOVAL, filed October 31, 2022.
      • U.S. District Court, Californina Northern District (Eureka) CIVIL DOCKET FOR CASE #: 1:22-CV-06317-RMI, filed October 31, 2022.
  • ORDER GRANTING MOTIONS TO DISMISS. filed filed May 12, 2023.

  Mendocino Railway vs. Ainsworth et al, filed June 8, 2023 in United States Court of Appeals for the Ninth Circuit, San Francisco, California.

  • APPELLANT'S OPENING BRIEF, filed September 6, 2023
  • APPELLANT'S EXCERPTS OF RECORD, filed September 6, 2023
  • MOTION FOR JUDICIAL NOTICE IN SUPPORT OF APPELLANT'S OPENING BRIEF; DECLARATION OF PAUL BEARD II IN SUPPORT THEREOF, filed September 6, 2023
  • APPELLEE JACK AINSWORTH'S OPPOSITION TO APPELLANT'S MOTION FOR JUDICIAL NOTICE IN SUPPORT OF OPENING BRIEF, filed November 6, 2023
  • ANSWERING BRIEF OF APPELLEE CITY OF FORT BRAGG, filed November 6, 2023
  • APPELLEE CITY OF FORT BRAGG'S SUPPLEMENTAL EXCERPTS OF RECORD, filed November 6, 2023
  • APPELLEE JACK AINSWORTH'S ANSWERING BRIEF, November 6, 2023
  • APPELLEE JACK AINSWORTH'S SUPPLEMENTAL EXCERPTS OF RECORD, November 6, 2023
  • APPELLEE JACK AINSWORTH'S MOTION FOR JUDICIAL NOTICE IN SUPPORT OF ANSWERING BRIEF, filed November 6, 2023
  • APPELLANT'S COMBINED REPLY TO ANSWERING BRIEFS,filed January 26, 2024
  • SUPPLEMENTAL MOTION FOR JUDICIAL NOTICE; DECLARATION OF PAUL BEARD II IN SUPPORT THEREOF,filed January 26, 2024
  • REPLY IN SUPPORT OF MOTION FOR JUDICIAL NOTICE OF EXHIBIT 2,filed January 26, 2024
  • APPELLANT'S CORRECTED SECOND SUPPLEMENTAL MOTION FOR JUDICIAL NOTICE; DECLARATIONS OF CRYSTAL ZORBAUGH AND PAUL BEARD II IN SUPPORT THEREOF, filed March 4, 2024. Asserts federal preemption in the matter of the Coastal Commission asserting authority under the Coastal Zone Management Act, over Mendocino Railway's RRIF Express loan project to rehabilitate the rail line between Fort Bragg and Willits.
  • 23-15857 Mendocino Railway v. Jack Ainsworth - Oral Argument — Video of Hearing before the 9th Circuit Court of Appeals, May 15, 2024 (YouTube)
  • 23-15857 Mendocino Railway v. Jack Ainsworth - Oral Argument — Audio of Hearing before the 9th Circuit Court of Appeals, May 15, 2024 (Download)
  • 23-15857 OPINION, published August 29, 2024. "The panel affirmed the district court's judgment dismissing Mendocino Railway's federal lawsuit against the City of Fort Bragg and the California Coastal Commission under the Colorado River doctrine, which authorizes federal courts to refrain from exercising jurisdiction where there are parallel state court proceedings."
  • APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE REHEARING PETITION; DECLARATION OF PAUL BEARD II IN SUPPORT THEREOF, dated September 3, 2024.
  • APPELLANT MENDOCINO RAILWAY'S PETITION FOR PANEL REHEARING AND REHEARING EN BANC, dated October 11, 2024.
  • NEW 12/16 APPELLANT MENDOCINO RAILWAY'S PETITION FOR PANEL REHEARING AND REHEARING EN BANC: ORDER, dated December 10, 2024. “The panel has voted to deny the petition for panel rehearing.”
  • NEW 2/3 MANDATE, “The judgment of this Court, entered August 29, 2024, takes effect this date.” Dated December 18, 2024.

Last Updated January 23, 2025

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