Ronald Oertwich v. Traditional Village of Togiak ( 2022 )

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RONALD OERTWICH, No. 19-36029
Plaintiff-Appellant,
D.C.
v. No. 3:19-cv-00082-JWS
TRADITIONAL VILLAGE OF
TOGIAK, AKA Community of ORDER
Togiak, AKA Native Village
of Togiak, AKA Traditional
Council of Togiak; JIMMY
COOPCHIAK; LEROY
NANALOOK; ANECIA KRITZ;
ESTHER THOMPSON; JOHN
NICK; WILLIE WASSILLIE;
HERBERT JR. LOCKUK;
WILLIE ECHUCK, JR.; CRAIG
LOGUSAK, in their individual
and official capacities; PAUL
MARKOFF; PETER LOCKUK,
SR.; BOBBY COOPCHIAK,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Alaska
John W. Sedwick, District Judge, Presiding
2 OERTWICH V. TRADITIONAL VILLAGE OF TOGIAK
Argued and Submitted June 15, 2021
Anchorage, Alaska
Filed July 28, 2022
Before: Johnnie B. Rawlinson, Morgan Christen, and
Ryan D. Nelson, Circuit Judges.
Order
COUNSEL
David H. Tennant (argued), Law Office of David Tennant
PLLC, Rochester, New York; Andy L. Pevehouse, Kenai
Law Group LLC, Kenai, Alaska; for Plaintiff-Appellant.
Whitney A. Leonard (argued), Rebecca A. Patterson, Richard
D. Monkman, and Nathaniel Amdur-Clark, Sonosky
Chambers Sachse Miller Monkman LLP, Anchorage, Alaska,
for Defendants-Appellees.
ORDER
Pursuant to the Notification of Death of Appellant
(Docket Entry No. 74), this court entered an order requiring
the filing of a motion to substitute a personal representative
for the decedent within thirty (30) days (Docket Entry
No. 75). At the request of Appellant’s counsel, we entered an
order granting an extension (Docket No. 78) to no later than
July 11, 2022. To date, no request to substitute a personal
representative has been filed. Accordingly, we
WITHDRAW the Opinion filed March 30, 2022, Oertwich
OERTWICH V. TRADITIONAL VILLAGE OF TOGIAK 3
v. Traditional Village of Togiak, 29 F.4th 1108 (9th Cir.
2022), and DISMISS this appeal. This Order shall constitute
the mandate in this case.
The Petition for Panel Rehearing (Docket No. 71) is
DENIED as moot.