OERTWICH v. TRADITIONAL VILLAGE OF TOGIAK (2022)

United States Court of Appeals, Ninth Circuit.

Ronald OERTWICH, Plaintiff-Appellant, v. TRADITIONAL VILLAGE OF TOGIAK, aka Community of 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.

No. 19-36029

Decided: July 28, 2022

Before: Johnnie B. Rawlinson, Morgan Christen, and Ryan D. Nelson, Circuit Judges.

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 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.

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