20200220Dkt 1-1 Time Schedule Order.pdf

Molly C. Dwyer
Clerk of Court
Office of the Clerk
United States Court of Appeals for the Ninth Circuit
Post Office Box 193939
San Francisco, California 94119-3939
415-355-8000

February 20, 2020

No.: 20-35146
D.C. No.: 1:18-cv-00236-REB
Short Title: Franklin Energy Storage 1, LLC, et al v. Paul Kjellander,
et al

Dear Appellant/Counsel
A copy of your notice of appeal/petition has been received in the Clerk's office of
the United States Court of Appeals for the Ninth Circuit. The U.S. Court of
Appeals docket number shown above has been assigned to this case. You must
indicate this Court of Appeals docket number whenever you communicate with
this court regarding this case.
Please furnish this docket number immediately to the court reporter if you place an
order, or have placed an order, for portions of the trial transcripts. The court
reporter will need this docket number when communicating with this court.
The due dates for filing the parties' briefs and otherwise perfecting the appeal
have been set by the enclosed "Time Schedule Order," pursuant to applicable
FRAP rules. These dates can be extended only by court order. Failure of the
appellant to comply with the time schedule order will result in automatic
dismissal of the appeal. 9th Cir. R. 42-1.
Case: 20-35146, 02/20/2020, ID: 11602783, DktEntry: 1-1, Page 1 of 3

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT
FILED

FEB 20 2020

MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

FRANKLIN ENERGY STORAGE
ONE, LLC; FRANKLIN ENERGY
STORAGE TWO, LLC; FRANKLIN
ENERGY STORAGE THREE, LLC;
FRANKLIN ENERGY STORAGE
FOUR, LLC,

Plaintiffs - Appellees,

v.

PAUL KJELLANDER, in his official
capacity as Commissioners of the Idaho
Public Utilities Commission;
KRISTINE RAPER, in her official
capacity as Commissioners of the Idaho
Public Utilities Commission; ERIC
ANDERSON, in his official capacity as
Commissioners of the Idaho Public
Utilities Commission,

Defendants - Appellants,

and

IDAHO POWER COMPANY,

Intervenor-Defendant.
No. 20-35146

D.C. No. 1:18-cv-00236-REB
U.S. District Court for Idaho, Boise

TIME SCHEDULE ORDER

The parties shall meet the following time schedule.
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If there were reported hearings, the parties shall designate and, if necessary, cross-
designate the transcripts pursuant to 9th Cir. R. 10-3.1. If there were no reported
hearings, the transcript deadlines do not apply.
Thu., February 27, 2020 Appellant's Mediation Questionnaire due. If your
registration for Appellate CM/ECF is confirmed after
this date, the Mediation Questionnaire is due within
one day of receiving the email from PACER
confirming your registration.
Mon., March 16, 2020 Transcript shall be ordered.
Tue., April 14, 2020 Transcript shall be filed by court reporter.
Tue., May 26, 2020 Appellant's opening brief and excerpts of record
shall be served and filed pursuant to FRAP 31 and
9th Cir. R. 31-2.1.
Thu., June 25, 2020 Appellee's answering brief and excerpts of record
shall be served and filed pursuant to FRAP 31 and
9th Cir. R. 31-2.1.
The optional appellant's reply brief shall be filed and served within 21 days of
service of the appellee's brief, pursuant to FRAP 31 and 9th Cir. R. 31-2.1.
Failure of the appellant to comply with the Time Schedule Order will result in
automatic dismissal of the appeal. See 9th Cir. R. 42-1.

FOR THE COURT:

MOLLY C. DWYER
CLERK OF COURT

By: John Brendan Sigel
Deputy Clerk
Ninth Circuit Rule 27-7

Case: 20-35146, 02/20/2020, ID: 11602783, DktEntry: 1-1, Page 3 of 3