Docket Entries Since Last Update
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Court Dockets
U.S. District Court - District of Colorado
District of Colorado (Denver)
CIVIL DOCKET FOR CASE #: 1:20-cv-01461-WJM-NRN
District of Colorado (Denver)
CIVIL DOCKET FOR CASE #: 1:20-cv-01461-WJM-NRN
State of Colorado, The v. U.S. Environmental Protection Agency et al
DOCKET INFORMATION
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| Plaintiff |
State of Colorado, The
Plaintiff
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| Representation | |||
| Annette M. Quill Colorado Attorney General's Office Ralph L. Carr Colorado Judicial Center 1300 Broadway Denver, CO 80203 (720) 508-6264 Fax: (720) 508-6032 annette.quill@coag.gov ATTORNEY TO BE NOTICED | Carrie Elizabeth Noteboom Colorado Attorney General's Office Ralph L. Carr Colorado Judicial Center 1300 Broadway Denver, CO 80203 (720) 508-6285 carrie.noteboom@coag.gov ATTORNEY TO BE NOTICED | Eric R. Olson Colorado Attorney General's Office-Dept.of Law Ralph Carr Judicial Building 1300 Broadway 10th Floor Denver, CO 80203 (720) 508-6548 eric.olson@coag.gov ATTORNEY TO BE NOTICED | |
| Jennifer H. Hunt Colorado Attorney General's Office Ralph L. Carr Colorado Judicial Center 1300 Broadway Denver, CO 80203 (720) 508-6215 jennifer.hunt@coag.gov ATTORNEY TO BE NOTICED | |||
| Defendant |
U.S. Environmental Protection Agency
Defendant
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| Representation | |||
| Devon Lehman McCune U.S. Department of Justice-Denver 999 18th Street Suite 370 Denver, CO 80202 (303) 844-1487 Fax: (303) 844-1350 devon.mccune@usdoj.gov ATTORNEY TO BE NOTICED | Kevin W. McArdle U.S. Department of Justice-DC-#7415 P.O. Box 7415 Ben Franklin Station Washington, DC 20044-7415 (202) 305-0219 Fax: (202) 514-8173 kevin.mcardle@usdoj.gov ATTORNEY TO BE NOTICED | Phillip Roark Dupre U.S. Department of Justice-DC-#7611 Ben Franklin Station P.O. Box 7611 Washington, DC 20044-7611 (202) 616-7501 Fax: (202) 514-8865 phillip.r.dupre@usdoj.gov Environment and Natural Resources Division ATTORNEY TO BE NOTICED | |
| Sonya Joy Shea U.S. Department of Justice-Denver-ENRS 999 18th Street South Terrace, Suite 370 Denver, CO 80202 (303) 844-7231 Fax: (303) 844-1350 sonya.shea@usdoj.gov Environment & Natural Resources Section ATTORNEY TO BE NOTICED | |||
| Intervenor Defendant |
Chantell Sackett
Intervenor Defendant
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| Representation | |||
| Anthony Lee Francois Pacific Legal Foundation-Sacramento 930 G Street Sacramento, CA 95814 (916) 419-7111 Fax: (916) 419-7747 afrancois@pacificlegal.org ATTORNEY TO BE NOTICED | Charles Timothy Yates Pacific Legal Foundation-Sacramento 930 G Street Sacramento, CA 95814 (916) 419-7111 Fax: (916) 419-7747 cyates@pacificlegal.org ATTORNEY TO BE NOTICED | Glenn E. Roper Pacific Legal Foundation-Highlands Ranch 1745 Shea Center Drive Suite 400 Highlands Ranch, CO 80129 (720) 344-4881 Fax: (916) 419-7747 geroper@pacificlegal.org ATTORNEY TO BE NOTICED | |
| Intervenor Defendant |
American Farm Bureau Federation
Intervenor Defendant
|
| |
| Representation | |||
| Brett Emerson Legner Mayer Brown LLP-Chicago 71 South Wacker Drive Chicago, IL 60606 (312) 701-8090 blegner@mayerbrown.com ATTORNEY TO BE NOTICED | Colleen M. Campbell Mayer Brown LLP-DC 1909 K Street, N.W. Washington, DC 20006-1101 (202) 263-3413 ccampbell@mayerbrown.com ATTORNEY TO BE NOTICED | Timothy S. Bishop Mayer Brown LLP-Chicago 71 South Wacker Drive Chicago, IL 60606 (312) 781-0600 Fax: (312) 706-8607 tbishop@mayerbrown.com ATTORNEY TO BE NOTICED | |
Numbers shown are court assigned numbers.
| Entry | Filed | Description | |
|---|---|---|---|
| 1 | May 22, 2020 | View | COMPLAINT against All Defendants (Filing fee $ 400,Receipt Number 1082-7307196)Attorney Jennifer H. Hunt added to party State of Colorado, The(pty:pla), filed by State of Colorado, The. (Attachments: # 1 Summons U.S. Environmental Protection Agency, # 2 Summons Andrew Wheeler, # 3 Summons U.S. Army Corps of Engineers, # 4 Summons R.D. James, # 5 Notice of Related Cases, # 6 Civil Cover Sheet)(Hunt, Jennifer) (Entered: 05/22/2020) |
| 2 | May 22, 2020 | Request | Case assigned to Judge Robert E. Blackburn. Text Only Entry. (trvo, ) (Entered: 05/22/2020) |
| 3 | May 22, 2020 | Request | SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Magistrate Judge Consent Form) (trvo, ) (Entered: 05/22/2020) |
| 4 | May 26, 2020 | Request | ORDER DIRECTING PREPARATION OF JOINT CASE MANAGEMENT PLAN by Judge Robert E. Blackburn on 5/26/2020. (sphil, ) (Entered: 05/26/2020) |
| 5 | May 28, 2020 | Request | NOTICE of Entry of Appearance by Eric R. Olson on behalf of All Plaintiffs Attorney Eric R. Olson added to party State of Colorado, The(pty:pla) (Olson, Eric) (Entered: 05/28/2020) |
| 6 | May 28, 2020 | Request | NOTICE of Entry of Appearance by Carrie Elizabeth Noteboom on behalf of State of Colorado, TheAttorney Carrie Elizabeth Noteboom added to party State of Colorado, The(pty:pla) (Noteboom, Carrie) (Entered: 05/28/2020) |
| 7 | May 28, 2020 | View | STRICKEN - MOTION for Preliminary Injunction by Plaintiff State of Colorado, The. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Noteboom, Carrie) Modified on 6/1/2020 to strike pursuant to 18 Order (athom, ). (Entered: 05/28/2020) |
| 8 | May 28, 2020 | View | DECLARATION of Patrick Bachmann regarding MOTION for Preliminary Injunction 7 by Plaintiff State of Colorado, The. (Attachments: # 1 Exhibit 1)(Noteboom, Carrie) (Entered: 05/28/2020) |
| 9 | May 28, 2020 | View | DECLARATION of Harry Crockett regarding MOTION for Preliminary Injunction 7 by Plaintiff State of Colorado, The. (Noteboom, Carrie) (Entered: 05/28/2020) |
| 10 | May 28, 2020 | View | DECLARATION of Michael Gooseff regarding MOTION for Preliminary Injunction 7 by Plaintiff State of Colorado, The. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Noteboom, Carrie) (Entered: 05/28/2020) |
| 11 | May 28, 2020 | View | DECLARATION of Karen Hamilton regarding MOTION for Preliminary Injunction 7 by Plaintiff State of Colorado, The. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Noteboom, Carrie) (Entered: 05/28/2020) |
| 12 | May 28, 2020 | View | DECLARATION of Trevor Klein regarding MOTION for Preliminary Injunction 7 by Plaintiff State of Colorado, The. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Noteboom, Carrie) (Entered: 05/28/2020) |
| 13 | May 28, 2020 | View | DECLARATION of Melynda May regarding MOTION for Preliminary Injunction 7 by Plaintiff State of Colorado, The. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Noteboom, Carrie) (Entered: 05/28/2020) |
| 14 | May 28, 2020 | View | DECLARATION of Rebecca Pierce regarding MOTION for Preliminary Injunction 7 by Plaintiff State of Colorado, The. (Noteboom, Carrie) (Entered: 05/28/2020) |
| 15 | May 28, 2020 | View | DECLARATION of Nicole Rowan regarding MOTION for Preliminary Injunction 7 by Plaintiff State of Colorado, The. (Noteboom, Carrie) (Entered: 05/28/2020) |
| 16 | May 28, 2020 | Request | CERTIFICATE of Mailing/Service re 14 Declaration, 8 Declaration, 15 Declaration, 11 Declaration, 13 Declaration, 6 Notice of Entry of Appearance, 9 Declaration, 12 Declaration, 7 MOTION for Preliminary Injunction , 10 Declaration by Plaintiff State of Colorado, The. (Noteboom, Carrie) (Entered: 05/28/2020) |
| 17 | May 29, 2020 | Request | ORDER DIRECTING REASSIGNMENT re Motion for Preliminary Injunction [# 7 ]. The clerk of the court shall assign this case to a judge for resolution on the merits under the random assignment procedure of D.C.COLO.LCiv.R 40.1. By Judge Robert E. Blackburn on 05/29/2020. This case is randomly reassigned to Judge William J. Martinez. All future pleadings should be designated as 20-cv-01461-WJM. (athom, ) (Entered: 05/29/2020) |
| 18 | May 29, 2020 | Request | ORDER striking Plaintiff's Motion for Preliminary Injunction 7 for failure to comply with this Court's Revised Practice Standard III.C.1 which states that the page limits for "ALL OTHER motions... Motion and Response [shall be]: 15 pages; Reply: 10 pages." Given the nature of the claims raised, however, Plaintiff is GRANTED leave to file an Amended Motion for Preliminary Injunction not to exceed 22 pages, exclusive of attorney signature blocks and certificate of service. SO ORDERED by Judge William J. Martinez on 5/29/2020. Text Only Entry(wjmsec, ) (Entered: 05/29/2020) |
| 19 | May 29, 2020 | Request | ORDER: This matter is before the Court sua sponte. Petitioner is reminded that "[a] party to a case shall file a notice identifying all cases pending in this or any other federal, state, or foreign jurisdiction that are related to the case." D.C.COLO.LCivR 3.1(a). Such a notice is due "at the time of [the party's] first appearance or the filing of its first pleading or document, or other matter addressed to the court." Id. at 3.1(c)(1). Thus, the notice is already overdue. Petitioner is therefore ORDERED to file the required Notice on or before June 3, 2020, or on the same day Petitioner files an Amended Motion for Preliminary Injunction, whichever comes first. Without limiting the scope of Petitioner's obligations under this Rule in any manner, such Notice shall include the identification of all cases, whether filed in a federal or state court, brought by the Attorney General or Department of Law of any sister state, raising the same or similar claims against the U.S. Environmental Protection Agency as those asserted in the instant action. SO ORDERED by Judge William J. Martinez on 05/29/2020. Text Only Entry (wjmlc1) (Entered: 05/29/2020) |
| 20 | Jun 1, 2020 | Request | SUMMONS Returned Executed upon defendant(s) U.S. Environmental Protection Agency served on 5/22/2020, answer due 7/21/2020. (Noteboom, Carrie) (Entered: 06/01/2020) |
| 21 | Jun 1, 2020 | Request | SUMMONS Returned Executed upon defendant(s) U.S. Army Corps of Engineers served on 5/22/2020, answer due 7/21/2020. (Noteboom, Carrie) (Entered: 06/01/2020) |
| 22 | Jun 1, 2020 | Request | SUMMONS Returned Executed upon defendant(s) Andrew Wheeler served on 5/22/2020, answer due 7/21/2020. (Noteboom, Carrie) (Entered: 06/01/2020) |
| 23 | Jun 1, 2020 | Request | SUMMONS Returned Executed upon defendant(s) R.D. James served on 5/22/2020, answer due 7/21/2020. (Noteboom, Carrie) (Entered: 06/01/2020) |
| 24 | Jun 1, 2020 | View | Amended MOTION for Preliminary Injunction by Plaintiff State of Colorado, The. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Noteboom, Carrie) (Entered: 06/01/2020) |
| 25 | Jun 1, 2020 | Request | DECLARATION of Patrick Bachmann regarding Amended MOTION for Preliminary Injunction 24 by Plaintiff State of Colorado, The. (Attachments: # 1 Exhibit 1)(Noteboom, Carrie) (Entered: 06/01/2020) |
| 26 | Jun 1, 2020 | Request | DECLARATION of Harry Crockett regarding Amended MOTION for Preliminary Injunction 24 by Plaintiff State of Colorado, The. (Noteboom, Carrie) (Entered: 06/01/2020) |
| 27 | Jun 1, 2020 | Request | DECLARATION of Michael Gooseff regarding Amended MOTION for Preliminary Injunction 24 by Plaintiff State of Colorado, The. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Noteboom, Carrie) (Entered: 06/01/2020) |
| 28 | Jun 1, 2020 | Request | DECLARATION of Karen Hamilton regarding Amended MOTION for Preliminary Injunction 24 by Plaintiff State of Colorado, The. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Noteboom, Carrie) (Entered: 06/01/2020) |
| 29 | Jun 1, 2020 | View | DECLARATION of Trevor Klein regarding Amended MOTION for Preliminary Injunction 24 by Plaintiff State of Colorado, The. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Noteboom, Carrie) (Entered: 06/01/2020) |
| 30 | Jun 1, 2020 | Request | DECLARATION of Melynda May regarding Amended MOTION for Preliminary Injunction 24 by Plaintiff State of Colorado, The. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Noteboom, Carrie) (Entered: 06/01/2020) |
| 31 | Jun 1, 2020 | Request | DECLARATION of Rebecca Pierce regarding Amended MOTION for Preliminary Injunction 24 by Plaintiff State of Colorado, The. (Noteboom, Carrie) (Entered: 06/01/2020) |
| 32 | Jun 1, 2020 | Request | DECLARATION of Nicole Rowan regarding Amended MOTION for Preliminary Injunction 24 by Plaintiff State of Colorado, The. (Noteboom, Carrie) (Entered: 06/01/2020) |
| 33 | Jun 1, 2020 | Request | CERTIFICATE of Mailing/Service re 26 Declaration, 25 Declaration, 32 Declaration, 27 Declaration, 31 Declaration, 30 Declaration, 29 Declaration, 28 Declaration, 24 Amended MOTION for Preliminary Injunction by Plaintiff State of Colorado, The. (Noteboom, Carrie) (Entered: 06/01/2020) |
| 34 | Jun 1, 2020 | Request | NOTICE of Entry of Appearance by Sonya Joy Shea on behalf of All Defendants Attorney Sonya Joy Shea added to party R.D. James(pty:dft), Attorney Sonya Joy Shea added to party U.S. Army Corps of Engineers(pty:dft), Attorney Sonya Joy Shea added to party U.S. Environmental Protection Agency(pty:dft), Attorney Sonya Joy Shea added to party Andrew Wheeler(pty:dft) (Shea, Sonya) (Entered: 06/01/2020) |
| 35 | Jun 1, 2020 | Request | NOTICE OF CASE ASSOCIATION Notice of Related Cases by Sonya Joy Shea on behalf of All Defendants (Shea, Sonya) (Entered: 06/01/2020) |
| 36 | Jun 2, 2020 | Request | NOTICE of Entry of Appearance by Phillip Roark Dupre on behalf of R.D. James, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, Andrew WheelerAttorney Phillip Roark Dupre added to party R.D. James(pty:dft), Attorney Phillip Roark Dupre added to party U.S. Army Corps of Engineers(pty:dft), Attorney Phillip Roark Dupre added to party U.S. Environmental Protection Agency(pty:dft), Attorney Phillip Roark Dupre added to party Andrew Wheeler(pty:dft) (Dupre, Phillip) (Entered: 06/02/2020) |
| 37 | Jun 2, 2020 | Request | ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. Magistrate Judge Neureiter, or such other Magistrate Judge who may in the future be reassigned this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. ?? 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 6/2/2020. Text Only Entry (wjmsec, ) (Entered: 06/02/2020) |
| 38 | Jun 2, 2020 | Request | ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2019 and as they may be amended from time to time), which may be downloaded here. SO ORDERED by Judge William J. Martinez on 6/ 2/2020. Text Only Entry (wjmsec, ) (Entered: 06/02/2020) |
| 39 | Jun 2, 2020 | Request | ORDER: This matter is before the Court on the Plaintiff's Amended Motion for Preliminary Injunction 24 . Defendants are DIRECTED to file a Response to the Motion no later than June 8, 2020, not to exceed 22 pages in length, exclusive of attorney signature blocks and certificate of service. Plaintiff is DIRECTED to file a Reply in support of its Motion no later than June 11, 2020, not to exceed 11 pages in length, exclusive of attorney signature blocks and certificate of service. Upon receipt of Plaintiff's Reply, the Court will determine the necessity of an evidentiary hearing. It is FURTHER ORDERED that the Court will not be granting leave for the filing of any amicus brief in support of or in opposition to the currently pending Amended Motion for Preliminary Injunction. SO ORDERED by Judge William J. Martinez on 6/2/2020. Text Only Entry (wjmsec, ) (Entered: 06/02/2020) |
| 40 | Jun 2, 2020 | Request | NOTICE of Entry of Appearance by Annette M. Quill on behalf of State of Colorado, TheAttorney Annette M. Quill added to party State of Colorado, The(pty:pla) (Quill, Annette) (Entered: 06/02/2020) |
| 41 | Jun 3, 2020 | Request | MINUTE ORDER by Magistrate Judge N. Reid Neureiter on 6/3/2020. Status Conference set for 8/6/2020 at 11:00 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. PLEASE READ ATTACHED MINUTE ORDER. (rvill, ) (Entered: 06/03/2020) |
| 42 | Jun 3, 2020 | View | MOTION to Intervene by Intervenor Defendants Chantell Sackett, Michael Sackett. (Attachments: # 1 Proposed Document Proposed Answer, # 2 Proposed Document Proposed Opposition to MPI)(Francois, Anthony) (Entered: 06/03/2020) |
| 43 | Jun 3, 2020 | Request | DECLARATION of Chantell Sackett regarding MOTION to Intervene 42 by Intervenor Defendants Chantell Sackett, Michael Sackett. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Francois, Anthony) (Entered: 06/03/2020) |
| 44 | Jun 4, 2020 | Request | ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: 42 MOTION to Intervene , 43 Declaration filed by attorney Anthony Lee Francois. The s/ signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (rvill, ) (Entered: 06/04/2020) |
| 45 | Jun 8, 2020 | Request | STRICKEN NOTICE of Entry of Appearance by Timothy S. Bishop on behalf of American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Chamber of Commerce of the United States of America, Leading Builders of America, National Alliance of Forest Owners, National Association of Home Builders, National Cattlemen's Beef Association, National Corn Growers Association, National Mining Association, National Pork Producers Council, National Stone, Sand, and Gravel Association, Public Lands Council, U.S. Poultry & Egg AssociationAttorney Timothy S. Bishop added to party American Farm Bureau Federation(pty:intvd), Attorney Timothy S. Bishop added to party American Petroleum Institute(pty:intvd), Attorney Timothy S. Bishop added to party American Road and Transportation Builders Association(pty:intvd), Attorney Timothy S. Bishop added to party Chamber of Commerce of the United States of America(pty:intvd), Attorney Timothy S. Bishop added to party Leading Builders of America(pty:intvd), Attorney Timothy S. Bishop added to party National Alliance of Forest Owners(pty:intvd), Attorney Timothy S. Bishop added to party National Association of Home Builders(pty:intvd), Attorney Timothy S. Bishop added to party National Cattlemen's Beef Association(pty:intvd), Attorney Timothy S. Bishop added to party National Corn Growers Association(pty:intvd), Attorney Timothy S. Bishop added to party National Mining Association(pty:intvd), Attorney Timothy S. Bishop added to party National Pork Producers Council(pty:intvd), Attorney Timothy S. Bishop added to party National Stone, Sand, and Gravel Association(pty:intvd), Attorney Timothy S. Bishop added to party Public Lands Council(pty:intvd), Attorney Timothy S. Bishop added to party U.S. Poultry & Egg Association(pty:intvd) (Bishop, Timothy) Modified on 6/11/2020 to strike pursuant to 54 Order (angar, ). (Entered: 06/08/2020) |
| 46 | Jun 8, 2020 | Request | STRICKEN NOTICE of Entry of Appearance by Colleen M. Campbell on behalf of American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Chamber of Commerce of the United States of America, Leading Builders of America, National Alliance of Forest Owners, National Association of Home Builders, National Cattlemen's Beef Association, National Corn Growers Association, National Mining Association, National Pork Producers Council, National Stone, Sand, and Gravel Association, Public Lands Council, U.S. Poultry & Egg AssociationAttorney Colleen M. Campbell added to party American Farm Bureau Federation(pty:intvd), Attorney Colleen M. Campbell added to party American Petroleum Institute(pty:intvd), Attorney Colleen M. Campbell added to party American Road and Transportation Builders Association(pty:intvd), Attorney Colleen M. Campbell added to party Chamber of Commerce of the United States of America(pty:intvd), Attorney Colleen M. Campbell added to party Leading Builders of America(pty:intvd), Attorney Colleen M. Campbell added to party National Alliance of Forest Owners(pty:intvd), Attorney Colleen M. Campbell added to party National Association of Home Builders(pty:intvd), Attorney Colleen M. Campbell added to party National Cattlemen's Beef Association(pty:intvd), Attorney Colleen M. Campbell added to party National Corn Growers Association(pty:intvd), Attorney Colleen M. Campbell added to party National Mining Association(pty:intvd), Attorney Colleen M. Campbell added to party National Pork Producers Council(pty:intvd), Attorney Colleen M. Campbell added to party National Stone, Sand, and Gravel Association(pty:intvd), Attorney Colleen M. Campbell added to party Public Lands Council(pty:intvd), Attorney Colleen M. Campbell added to party U.S. Poultry & Egg Association(pty:intvd) (Campbell, Colleen) Modified on 6/11/2020 to strike pursuant to 54 Order (angar, ). (Entered: 06/08/2020) |
| 47 | Jun 8, 2020 | Request | STRICKEN NOTICE of Entry of Appearance by Brett Emerson Legner on behalf of American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Chamber of Commerce of the United States of America, Leading Builders of America, National Alliance of Forest Owners, National Association of Home Builders, National Cattlemen's Beef Association, National Corn Growers Association, National Mining Association, National Pork Producers Council, National Stone, Sand, and Gravel Association, Public Lands Council, U.S. Poultry & Egg AssociationAttorney Brett Emerson Legner added to party American Farm Bureau Federation(pty:intvd), Attorney Brett Emerson Legner added to party American Petroleum Institute(pty:intvd), Attorney Brett Emerson Legner added to party American Road and Transportation Builders Association(pty:intvd), Attorney Brett Emerson Legner added to party Chamber of Commerce of the United States of America(pty:intvd), Attorney Brett Emerson Legner added to party Leading Builders of America(pty:intvd), Attorney Brett Emerson Legner added to party National Alliance of Forest Owners(pty:intvd), Attorney Brett Emerson Legner added to party National Association of Home Builders(pty:intvd), Attorney Brett Emerson Legner added to party National Cattlemen's Beef Association(pty:intvd), Attorney Brett Emerson Legner added to party National Corn Growers Association(pty:intvd), Attorney Brett Emerson Legner added to party National Mining Association(pty:intvd), Attorney Brett Emerson Legner added to party National Pork Producers Council(pty:intvd), Attorney Brett Emerson Legner added to party National Stone, Sand, and Gravel Association(pty:intvd), Attorney Brett Emerson Legner added to party Public Lands Council(pty:intvd), Attorney Brett Emerson Legner added to party U.S. Poultry & Egg Association(pty:intvd) (Legner, Brett) Modified on 6/11/2020 to strike pursuant to 54 Order (angar, ). (Entered: 06/08/2020) |
| 48 | Jun 8, 2020 | Request | CORPORATE DISCLOSURE STATEMENT. (Bishop, Timothy) (Entered: 06/08/2020) |
| 49 | Jun 8, 2020 | Request | Unopposed MOTION to Intervene by Intervenor Defendants American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Chamber of Commerce of the United States of America, Leading Builders of America, National Alliance of Forest Owners, National Association of Home Builders, National Cattlemen's Beef Association, National Corn Growers Association, National Mining Association, National Pork Producers Council, National Stone, Sand, and Gravel Association, Public Lands Council, U.S. Poultry & Egg Association. (Attachments: # 1 Proposed Document Proposed Answer, # 2 Proposed Document Proposed Opposition, # 3 Declaration of Don Parrish, # 4 Exhibit A to Parrish Declaration, # 5 Exhibit B to Parrish Declaration, # 6 Exhibit C to Parrish Declaration, # 7 Exhibit D to Parrish Declaration, # 8 Exhibit E to Parrish Declaration)(Bishop, Timothy) (Entered: 06/08/2020) |
| 50 | Jun 8, 2020 | Request | NOTICE of Entry of Appearance by Devon Lehman McCune on behalf of R.D. James, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, Andrew WheelerAttorney Devon Lehman McCune added to party R.D. James(pty:dft), Attorney Devon Lehman McCune added to party U.S. Army Corps of Engineers(pty:dft), Attorney Devon Lehman McCune added to party U.S. Environmental Protection Agency(pty:dft), Attorney Devon Lehman McCune added to party Andrew Wheeler(pty:dft) (McCune, Devon) (Entered: 06/08/2020) |
| 51 | Jun 8, 2020 | View | BRIEF in Opposition to 24 Amended MOTION for Preliminary Injunction filed by Defendants R.D. James, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, Andrew Wheeler. (Shea, Sonya) (Entered: 06/08/2020) |
| 52 | Jun 9, 2020 | Request | STRICKEN NOTICE of Entry of Appearance by Glenn E. Roper on behalf of Chantell Sackett, Michael SackettAttorney Glenn E. Roper added to party Chantell Sackett(pty:intvd), Attorney Glenn E. Roper added to party Michael Sackett(pty:intvd) (Roper, Glenn) Modified on 6/11/2020 to strike pursuant to 54 Order (angar, ). (Entered: 06/09/2020) |
| 53 | Jun 10, 2020 | Request | ORDER striking Notice of Appearance by Timothy Bishop 45 , Notice of Appearance by Colleen Campbell 46 , Notice of Appearance by Brett Legner 47 , Notice of Appearance by Devon McCune 50 , and Notice of Appearance of Glenn E. Roper 52 . The aforementioned Notices of Appearance are STRICKEN given that they were entered without the entry of a prior order granting intervention, and are thus contrary to the practice of this District Court. Through their motions to intervene, counsel have already appeared for purposes of seeking intervention. While those motions are pending, counsel will continue to receive CM/ECF notices. If a motion to intervene is granted, counsel who filed the motion will be deemed to have already appeared by virtue of the motion, and in such instance no further notice of appearance will be necessary. If one or more of the intervention motions are denied, CM/ECF notices in this action to the respective attorney(s) will cease. SO ORDERED by Judge William J. Martinez on 6/10/2020. Text Only Entry (wjmsec, ) (Entered: 06/10/2020) |
| 54 | Jun 11, 2020 | Request | AMENDED 53 ORDER striking Notice of Appearance by Timothy Bishop 45 , Notice of Appearance by Colleen Campbell 46 , Notice of Appearance by Brett Legner 47 , and Notice of Appearance of Glenn E. Roper 52 . The aforementioned Notices of Appearance are STRICKEN given that they were entered without the entry of a prior order granting intervention, and are thus contrary to the practice of this District Court. Through their motions to intervene, counsel have already appeared for purposes of seeking intervention. While those motions are pending, counsel will continue to receive CM/ECF notices. If a motion to intervene is granted, counsel who filed the motion will be deemed to have already appeared by virtue of the motion, and in such instance no further notice of appearance will be necessary. If one or more of the intervention motions are denied, CM/ECF notices in this action to the respective attorney(s) will cease. SO ORDERED by Judge William J. Martinez on 6/11/2020. Text Only Entry (wjmsec, ) (Entered: 06/11/2020) |
| 55 | Jun 11, 2020 | View | REPLY to Response to 24 Amended MOTION for Preliminary Injunction filed by Plaintiff State of Colorado, The. (Noteboom, Carrie) (Entered: 06/11/2020) |
| 56 | Jun 11, 2020 | Request | DECLARATION of Nicole Rowan regarding Reply to Response to Motion 55 by Plaintiff State of Colorado, The. (Noteboom, Carrie) (Entered: 06/11/2020) |
| 57 | Jun 16, 2020 | Request | ORDER: This matter is before the Court on the Plaintiff's Amended Motion for Preliminary Injunction 24 . Plaintiff's position is that the Colorado Water Quality Control Act forbids all (or almost all) dredge and fill "[b]ecause discharges of large quantities of fill, by their nature, are likely to result in exceedances of state water quality standards." (Id. at 8.) If that is correct, it appears that a party with a section 404 fill permit from the Corps of Engineers violates Colorado's stricter standards when carrying out those fill activities. Cf. 33 U.S.C. ?? 1344(t) (allowing states to have stricter standards than required for a section 404 permit). With this in mind, Plaintiff shall file a supplemental brief of no more than 5 pages (calculated according to WJM Revised Practice Standard III.C.1) no later than this Thursday, June 18, 2020, at 10:00 a.m., addressing the following: Is the Court correct that parties with a section 404 fill permit violate the Colorado Water Quality Control Act when they discharge fill into "state waters"? If not, why not? If so, under what authority has Plaintiff elected to-date to forego state-law enforcement actions against such parties? And what authority compels Plaintiff to begin bringing state-law enforcement actions in such circumstances if the 2020 Rule goes into effect? SO ORDERED by Judge William J. Martinez on 06/16/2020. Text Only Entry (wjmlc1) (Entered: 06/16/2020) |
| 58 | Jun 18, 2020 | View | BRIEF in Support of 24 Amended MOTION for Preliminary Injunction (Supplemental) filed by Plaintiff State of Colorado, The. (Noteboom, Carrie) (Entered: 06/18/2020) |
| 59 | Jun 18, 2020 | View | NOTICE of Supplemental Authorities re: 24 Amended MOTION for Preliminary Injunction by Plaintiff State of Colorado, The (Attachments: # 1 Exhibit U.S. Supreme Court Opinion)(Hunt, Jennifer) (Entered: 06/18/2020) |
| 60 | Jun 19, 2020 | Request | NOTICE of Supplemental Authorities re: 24 Amended MOTION for Preliminary Injunction by Defendants R.D. James, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, Andrew Wheeler (Attachments: # 1 California v. Wheeler, No. 3:20-cv-3005 (N.D. Cal.) Order Denying Motion for Preliminary Relief)(Shea, Sonya) (Entered: 06/19/2020) |
| 61 | Jun 19, 2020 | View | ORDER granting Plaintiff's Amended Motion for Preliminary Injunction 24 , construed as a motion for a stay of agency action under APA ?? 705, by Judge William J. Martinez on 06/19/2020. (wjmlc1) (Entered: 06/19/2020) |
| 62 | Jun 23, 2020 | View | NOTICE OF APPEAL as to 61 Order on Motion for Preliminary Injunction by Defendants R.D. James, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, Andrew Wheeler (Dupre, Phillip) (Entered: 06/23/2020) |
| 63 | Jun 23, 2020 | View | NOTICE OF CASE ASSOCIATION (Supplemental) by Sonya Joy Shea on behalf of All Defendants (Shea, Sonya) (Entered: 06/23/2020) |
| 64 | Jun 24, 2020 | View | LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 62 Notice of Appeal filed by U.S. Army Corps of Engineers, R.D. James, Andrew Wheeler, U.S. Environmental Protection Agency to the U.S. Court of Appeals. ( USA,) (Attachments: # 1 Preliminary Record and Docket Sheet)(angar, ) (Entered: 06/24/2020) |
| 65 | Jun 25, 2020 | Request | TRANSCRIPT ORDER FORM re 62 Notice of Appeal by Defendants R.D. James, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, Andrew Wheeler (Shea, Sonya) (Entered: 06/25/2020) |
| 66 | Jun 25, 2020 | View | USCA Case Number 20-1238 for 62 Notice of Appeal filed by U.S. Army Corps of Engineers, R.D. James, Andrew Wheeler, U.S. Environmental Protection Agency. (angar, ) (Entered: 06/26/2020) |
| 67 | Jun 29, 2020 | Request | LETTER TO USCA and all counsel certifying the record is complete as to 62 Notice of Appeal filed by U.S. Army Corps of Engineers, R.D. James, Andrew Wheeler, U.S. Environmental Protection Agency. A transcript order form was filed stating that a transcript is not necessary. ( Appeal No. 20-1238) Text Only Entry (angar, ) (Entered: 06/29/2020) |
| 68 | Jul 2, 2020 | View | MOTION to Expedite Ruling by Intervenor Defendants Chantell Sackett, Michael Sackett. (Roper, Glenn) (Entered: 07/02/2020) |
| 69 | Jul 15, 2020 | Request | ORDER Granting Motions to Intervene. The Sacketts' Unopposed Motion to Intervene (ECF No. 42 ) is GRANTED. The Unopposed Motion to Intervene of Proposed Business Intervenors (ECF No. 49 ) is GRANTED. The Sacketts' Unopposed Motion for Expedited Ruling on Unopposed Motion to Intervene (ECF No. 68 ) is DENIED AS MOOT. ORDERED by Judge William J. Martinez on 7/15/2020.(angar, ) (Entered: 07/15/2020) |
| 70 | Jul 15, 2020 | Request | NOTICE OF APPEAL as to 61 Order on Motion for Preliminary Injunction by Intervenor Defendants Chantell Sackett, Michael Sackett (Filing fee $ 505, Receipt Number 1082-7387742) (Roper, Glenn) (Entered: 07/15/2020) |
| 71 | Jul 15, 2020 | Request | NOTICE OF APPEAL as to 61 Order on Motion for Preliminary Injunction by Intervenor Defendants American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Chamber of Commerce of the United States of America, Leading Builders of America, National Alliance of Forest Owners, National Association of Home Builders, National Cattlemen's Beef Association, National Corn Growers Association, National Mining Association, National Pork Producers Council, National Stone, Sand, and Gravel Association, Public Lands Council, U.S. Poultry & Egg Association (Filing fee $ 505, Receipt Number 1082-7387981) (Bishop, Timothy) (Entered: 07/15/2020) |
| 72 | Jul 15, 2020 | Request | BRIEF in Opposition to 24 Amended MOTION for Preliminary Injunction filed by Intervenor Defendants American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Chamber of Commerce of the United States of America, Leading Builders of America, National Alliance of Forest Owners, National Association of Home Builders, National Cattlemen's Beef Association, National Corn Growers Association, National Mining Association, National Pork Producers Council, National Stone, Sand, and Gravel Association, Public Lands Council, U.S. Poultry & Egg Association. (Attachments: # 1 Declaration of Don Parrish, # 2 Exhibit A to Parrish Declaration, # 3 Exhibit B to Parrish Declaration, # 4 Exhibit C to Parrish Declaration, # 5 Exhibit D to Parrish Declaration, # 6 Exhibit E to Parrish Declaration)(Bishop, Timothy) (Entered: 07/15/2020) |
| 73 | Jul 16, 2020 | Request | LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 70 Notice of Appeal filed by Michael Sackett, Chantell Sackett to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: # 1 Preliminary Record and Docket Sheet)(angar, ) Modified on 7/16/2020 to correct letter (angar, ). Modified on 7/16/2020 to attach the correct transmittal letter (athom, ). (Entered: 07/16/2020) |
| 74 | Jul 16, 2020 | Request | LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 71 Notice of Appeal,, filed by National Association of Home Builders, National Pork Producers Council, National Mining Association, U.S. Poultry & Egg Association, American Farm Bureau Federation, National Cattlemen's Beef Association, National Alliance of Forest Owners, Public Lands Council, National Stone, Sand, and Gravel Association, National Corn Growers Association, American Petroleum Institute, American Road and Transportation Builders Association, Leading Builders of America, Chamber of Commerce of the United States of America to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: # 1 Preliminary Record and Docket Sheet)(angar, ) (Entered: 07/16/2020) |
| 75 | Jul 16, 2020 | Request | USCA Case Number 20-1262 for 70 Notice of Appeal filed by Michael Sackett, Chantell Sackett. (angar, ) (Entered: 07/16/2020) |
| 76 | Jul 16, 2020 | Request | USCA Case Number 20-1263 for 71 Notice of Appeal,, filed by National Association of Home Builders, National Pork Producers Council, National Mining Association, U.S. Poultry & Egg Association, American Farm Bureau Federation, National Cattlemen's Beef Association, National Alliance of Forest Owners, Public Lands Council, National Stone, Sand, and Gravel Association, National Corn Growers Association, American Petroleum Institute, American Road and Transportation Builders Association, Leading Builders of America, Chamber of Commerce of the United States of America. (angar, ) (Entered: 07/16/2020) |
| 77 | Jul 17, 2020 | Request | TRANSCRIPT ORDER FORM re 70 Notice of Appeal (Transcript not necessary) by Intervenor Defendants Chantell Sackett, Michael Sackett (Roper, Glenn) (Entered: 07/17/2020) |
| 78 | Jul 17, 2020 | Request | ANSWER to 1 Complaint, by American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Chamber of Commerce of the United States of America, Leading Builders of America, National Alliance of Forest Owners, National Association of Home Builders, National Cattlemen's Beef Association, National Corn Growers Association, National Mining Association, National Pork Producers Council, National Stone, Sand, and Gravel Association, Public Lands Council, U.S. Poultry & Egg Association.(Bishop, Timothy) (Entered: 07/17/2020) |
| 79 | Jul 17, 2020 | Request | LETTER TO USCA and all counsel certifying the record is complete as to 70 Notice of Appeal filed by Michael Sackett, Chantell Sackett. A transcript order form was filed stating that a transcript is not necessary. ( Appeal No. 20-1262) Text Only Entry (angar, ) (Entered: 07/17/2020) |
| 80 | Jul 20, 2020 | Request | NOTICE of Filing Amended Pleading (Amended Complaint for Declaratory and Injunctive Relief) by Plaintiff State of Colorado, The (Attachments: # 1 Exhibit)(Hunt, Jennifer) (Entered: 07/20/2020) |
| 81 | Jul 20, 2020 | View | AMENDED COMPLAINT against All Defendants, filed by State of Colorado, The.(Hunt, Jennifer) (Entered: 07/20/2020) |
| 82 | Jul 21, 2020 | Request | MINUTE ORDER The upcoming hearing in this matter shall be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. The Court notes that the parties may hear the conclusion of a prior hearing at the time they call in, and are instructed to simply wait until their case is called. The Court thanks the parties in advance for their patience and flexibility as the Court implements this new technology. SO ORDERED, by Magistrate Judge N. Reid Neureiter on 7/21/2020. Text Only Entry. (slibi, ) (Entered: 07/21/2020) |
| 83 | Jul 29, 2020 | Request | NOTICE of Entry of Appearance by Kevin W. McArdle on behalf of All Defendants Attorney Kevin W. McArdle added to party R.D. James(pty:dft), Attorney Kevin W. McArdle added to party U.S. Army Corps of Engineers(pty:dft), Attorney Kevin W. McArdle added to party U.S. Environmental Protection Agency(pty:dft), Attorney Kevin W. McArdle added to party Andrew Wheeler(pty:dft) (McArdle, Kevin) (Entered: 07/29/2020) |
| 84 | Jul 29, 2020 | View | NOTICE OF CASE ASSOCIATION (Second Supplemental) by Sonya Joy Shea on behalf of All Defendants (Shea, Sonya) (Entered: 07/29/2020) |
| 85 | Aug 3, 2020 | Request | ANSWER to 81 Amended Complaint by American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Chamber of Commerce of the United States of America, Leading Builders of America, National Alliance of Forest Owners, National Association of Home Builders, National Cattlemen's Beef Association, National Corn Growers Association, National Mining Association, National Pork Producers Council, National Stone, Sand, and Gravel Association, Public Lands Council, U.S. Poultry & Egg Association.(Bishop, Timothy) (Entered: 08/03/2020) |
| 86 | Aug 3, 2020 | Request | ANSWER to 81 Amended Complaint by Chantell Sackett, Michael Sackett.(Roper, Glenn) (Entered: 08/03/2020) |
| 87 | Aug 3, 2020 | View | Proposed Joint Case Management Plan by Plaintiff State of Colorado, The. (Hunt, Jennifer) (Entered: 08/03/2020) |
| 88 | Aug 3, 2020 | Request | ANSWER to 81 Amended Complaint by R.D. James, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, Andrew Wheeler.(Shea, Sonya) (Entered: 08/03/2020) |
| 90 | Aug 6, 2020 | Request | COURTROOM MINUTES for proceedings held before Magistrate Judge N. Reid Neureiter: Telephonic Status Conference held on 8/6/2020. FTR: Courtroom C203. (slibi, ) (Entered: 08/14/2020) |
| 92 | Aug 6, 2020 | View | Joint Case Management Plan for Petitions for Review of Agency Action by Magistrate Judge N. Reid Neureiter on 8/06/2020. (slibi, ) (Entered: 11/12/2020) |
| 89 | Aug 10, 2020 | Request | NOTICE of Entry of Appearance by Charles Timothy Yates on behalf of Chantell Sackett, Michael SackettAttorney Charles Timothy Yates added to party Chantell Sackett(pty:intvd), Attorney Charles Timothy Yates added to party Michael Sackett(pty:intvd) (Yates, Charles) (Entered: 08/10/2020) |
| 91 | Sep 2, 2020 | View | NOTICE OF FILING CERTIFIED INDEX TO THE ADMINISTRATIVE RECORD by Defendants R.D. James, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, Andrew Wheeler (Shea, Sonya) (Entered: 09/02/2020) |