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CENTER FOR BIOLOGICAL DIVERSITY et al v. U.S. ARMY CORPS OF ENGINEERS et al, Docket No. 1:20-cv-00103 (D.D.C. Jan 15, 2020), Court Docket
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CENTER FOR BIOLOGICAL DIVERSITY et al v. U.S. ARMY CORPS OF ENGINEERS et al

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Court Dockets
dcd
U.S. District Court
District of Columbia (Washington, DC)
CIVIL DOCKET FOR CASE #: 1:20-cv-00103-RDM

CENTER FOR BIOLOGICAL DIVERSITY et al v. U.S. ARMY CORPS OF ENGINEERS et al

DOCKET INFORMATION
Minimize
Date Filed: Jan 15, 2020
Nature of suit:893 Environmental Matters
Assigned to:Judge Randolph D. Moss
Cause:05:0706 Judicial Review of Agency Actions
Jurisdiction:U.S. Government Defendant
Jury demand:None

Parties and Attorneys

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 Plaintiff
CENTER FOR BIOLOGICAL DIVERSITY
Plaintiff
Representation
Emily Jeffers
CENTER FOR BIOLOGICAL DIVERSITY
1212 Broadway
Suite 800
Oakland, CA 94612
(510) 844-7109
Fax: (510) 844-7150
ejeffers@biologicaldiversity.org
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Julie Teel Simmonds
CENTER FOR BIOLOGICAL DIVERSITY
1536 Wynkoop St.
Ste. 421
Denver, CO 80202
(619) 990-2999
jteelsimmonds@biologicaldiversity.org
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Lauren Packard
CENTER FOR BIOLOGICAL DIVERSITY
1212 Oakland
Ste 800
Oakland, CA 94612
(510) 844-7103
lpackard@biologicaldiversity.org
TERMINATED: 12/14/2020
PRO HAC VICE
Catherine Cain Ware Kilduff
CENTER FOR BIOLOGICAL DIVERSITY
801 Boush Street
Suite 200
Norfolk, VA 23510
(202) 780-8862
ckilduff@biologicaldiversity.org
ATTORNEY TO BE NOTICED

 Plaintiff
HEALTHY GULF
Plaintiff
Representation
Emily Jeffers
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Julie Teel Simmonds
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Lauren Packard
(See above for address)
TERMINATED: 12/14/2020
PRO HAC VICE
Catherine Cain Ware Kilduff
(See above for address)
ATTORNEY TO BE NOTICED

 Plaintiff
LOUISIANA BUCKET BRIGADE
Plaintiff
Representation
Emily Jeffers
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Julie Teel Simmonds
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Lauren Packard
(See above for address)
TERMINATED: 12/14/2020
PRO HAC VICE
Catherine Cain Ware Kilduff
(See above for address)
ATTORNEY TO BE NOTICED

 Plaintiff
RISE ST. JAMES
Plaintiff
Representation
Emily Jeffers
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Julie Teel Simmonds
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Lauren Packard
(See above for address)
TERMINATED: 12/14/2020
PRO HAC VICE
Catherine Cain Ware Kilduff
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
U.S. ARMY CORPS OF ENGINEERS
Defendant
Representation
Jacqueline Margaret Leonard
U.S. DEPARTMENT OF JUSTICE
P.O. Box 7611
Washington, DC 20044-7611
(202) 305-0493
Fax: (202) 305-0506
jacqueline.leonard@usdoj.gov
Environment and Natural Resources Division
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Andrew D. Knudsen
U.S. DEPARTMENT OF JUSTICE
Ben Franklin Station
P.O. Box 7611
Washington, DC 20044
(202) 353-7466
andrew.knudsen@usdoj.gov
ATTORNEY TO BE NOTICED

 Defendant
TODD T. SEMONITE
Lieutenant General, in his official capacity as Commanding General, U.S. Army Corps of Engineers
Defendant
Representation
Jacqueline Margaret Leonard
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Andrew D. Knudsen
(See above for address)
ATTORNEY TO BE NOTICED

 Intervenor Defendant
FG LA LLC
Intervenor Defendant
Representation
Alexander N. Breckinridge
JONES WALKER LLP
201 St. Charles Avenue
New Orleans, LA 70170
(504) 582-8138
Fax: (504) 589-8138
abreckinridge@joneswalker.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
David Debold
GIBSON, DUNN & CRUTCHER, LLP
1050 Connecticut Avenue, NW
Suite 300
Washington, DC 20036-5306
(202) 955-8551
Fax: (202) 530-9682
ddebold@gibsondunn.com
ATTORNEY TO BE NOTICED
Michael Drew
JONES WALKER LLP
201 St. Charles Avenue
New Orleans, LA 70170
(504) 582-8318
Fax: (504) 589-8318
mdrew@joneswalker.com
ATTORNEY TO BE NOTICED
William S. Scherman
GIBSON, DUNN & CRUTCHER, LLP
1050 Connecticut Avenue, NW
Suite 300
Washington, DC 20036-5306
(202) 887-3510
Fax: (202) 530-9557
wscherman@gibsondunn.com
ATTORNEY TO BE NOTICED

 Movant
CONCERNED CITIZENS OF ST. JOHN
Movant
Representation
Heather Mudford Lewis
UC BERKELEY SCHOOL OF LAW
353 Law Building
Berkeley, CA 94270-7200
(510) 642-7875
hlewis@clinical.law.berkeley.edu
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Claudia Polsky
434 Law Building
UC Berkeley School of Law
Berkeley, CA 94720
(510) 642-5398
cpolsky@law.berkeley.edu
ATTORNEY TO BE NOTICED

 Movant
JUSTICE AND BEYOND
Movant
Representation
Heather Mudford Lewis
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 Amicus
ACLU FOUNDATION OF LOUISIANA
Amicus
Representation
Bruce Warfield Hamilton
ACLU FOUNDATION OF LOUISIANA
P.O. Box 56157
New Orleans, LA 70156
(504) 522-0628
Fax: (504) 613-6511
bhamilton@laaclu.org
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Christopher J. Gowen
GOWEN SILVA & WINOGRAD PLLC
513 Capitol Court NE
Suite 100
Washington, DC 20002
(202) 380-9355
Fax: (202) 499-1370
cgowen@gowensilva.com
District of Columbia
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
A'Niya Robinson
ACLU OF LOUISIANA
PO Box 56157
New Orleans, LA 70156
(504) 522-0628
arobinson@laaclu.org
ATTORNEY TO BE NOTICED

Docket Entries

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EntryFiledPDFDescription
1Jan 15, 2020ViewCOMPLAINT against All Defendants ( Filing fee $ 400 receipt number ADCDC-6733903) filed by RISE ST. JAMES, CENTER FOR BIOLOGICAL DIVERSITY, LOUISIANA BUCKET BRIGADE, HEALTHY GULF. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Army Corps, # 3 Summons Lt. General Semonite, # 4 Summons U.S. Attorney, # 5 Summons Attorney General)(Kilduff, Catherine) (Entered: 01/15/2020)
2Jan 15, 2020RequestLCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR BIOLOGICAL DIVERSITY, HEALTHY GULF, LOUISIANA BUCKET BRIGADE, RISE ST. JAMES (Kilduff, Catherine) (Entered: 01/15/2020)
Jan 16, 2020Case assigned to Judge Randolph D. Moss. (zmc) (Entered: 01/16/2020)
3Jan 16, 2020RequestSUMMONS (4) Issued Electronically as to TODD T. SEMONITE, U.S. ARMY CORPS OF ENGINEERS, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 01/16/2020)
4Jan 16, 2020RequestSTANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 1/16/20. (lcrdm1) (Entered: 01/16/2020)
5Jan 16, 2020RequestMOTION for Leave to Appear Pro Hac Vice :Attorney Name- Emily Jeffers, Filing fee $ 100, receipt number ADCDC-6741135. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY, HEALTHY GULF, LOUISIANA BUCKET BRIGADE, RISE ST. JAMES (Attachments: # 1 Declaration of Emily Jeffers, # 2 Text of Proposed Order)(Kilduff, Catherine) (Entered: 01/16/2020)
6Jan 16, 2020RequestMOTION for Leave to Appear Pro Hac Vice :Attorney Name- Julie Teel Simmonds, Filing fee $ 100, receipt number ADCDC-6741168. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY, HEALTHY GULF, LOUISIANA BUCKET BRIGADE, RISE ST. JAMES (Attachments: # 1 Declaration of Julie Teel Simmonds, # 2 Text of Proposed Order)(Kilduff, Catherine) (Entered: 01/16/2020)
7Jan 16, 2020RequestMOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lauren Packard, Filing fee $ 100, receipt number ADCDC-6741184. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY, HEALTHY GULF, LOUISIANA BUCKET BRIGADE, RISE ST. JAMES (Attachments: # 1 Declaration of Lauren Packard, # 2 Text of Proposed Order)(Kilduff, Catherine) (Entered: 01/16/2020)
Jan 17, 2020MINUTE ORDER: Upon consideration of the motions to appear hac vice concerning Emily Jeffers, Dkt. 5 , Julie Teel Simmonds, Dkt. 6 , and Lauren Packard, Dkt. 7 , it is hereby ORDERED that the motions are GRANTED. It is further ORDERED that Emily Jeffers, Julie Teel Simmonds, and Lauren Packard may appear as attorneys of record in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). . Signed by Judge Randolph D. Moss on 1/17/20. (lcrdm1) Modified on 1/17/2020 to add language for counsel to register for e-filing (ztnr). (Entered: 01/17/2020)
8Feb 4, 2020ViewMOTION to Intervene by FG LA LLC (Attachments: # 1 Text of Proposed Order)(Breckinridge, Alexander) (Entered: 02/04/2020)
Feb 5, 2020MINUTE ORDER: Upon consideration of FG LA LLC's unopposed motion to intervene, Dkt. 8 , it is hereby ORDERED that the motion is GRANTED. See Fed. R. Civ. P. 24; Wilderness Soc. v. U.S. Forest Serv., 630 F.3d 1173 (9th Cir. 2011). Signed by Judge Randolph D. Moss on 2/5/20. (lcrdm1) (Entered: 02/05/2020)
9Feb 5, 2020ViewNOTICE of Appearance by Emily Jeffers on behalf of All Plaintiffs (Jeffers, Emily) (Entered: 02/05/2020)
10Feb 5, 2020RequestNOTICE of Appearance by Lauren Packard on behalf of All Plaintiffs (Packard, Lauren) (Entered: 02/05/2020)
11Feb 6, 2020RequestRETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/28/2020. Answer due for ALL FEDERAL DEFENDANTS by 3/28/2020. (Jeffers, Emily) (Entered: 02/06/2020)
12Feb 6, 2020RequestRETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/28/2020. (Jeffers, Emily) (Entered: 02/06/2020)
13Feb 6, 2020RequestRETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. TODD T. SEMONITE served on 1/27/2020; U.S. ARMY CORPS OF ENGINEERS served on 1/27/2020 (Jeffers, Emily) (Entered: 02/06/2020)
14Feb 6, 2020RequestNOTICE of Appearance by Julie Teel Simmonds on behalf of All Plaintiffs (Simmonds, Julie) (Entered: 02/06/2020)
Feb 7, 2020ENTERED IN ERROR. . . . . NOTICE OF ERROR re 11 Summons Returned Executed as to US Attorney; emailed to ejeffers@biologicaldiversity.org, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. Please refile document, 3. File an Errata with explanation and attach the corrected signature page as an exhibit to the Errata. (ztd, ) Modified on 3/2/2020 (ztd). (Entered: 02/07/2020)
Feb 7, 2020ENTERED IN ERROR. . . . .NOTICE OF ERROR re 12 Summons Returned Executed as to U.S. Attorney General; emailed to ejeffers@biologicaldiversity.org, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. Please refile document, 3. File an Errata with explanation and attach the corrected signature page as an exhibit to the Errata (ztd, ) Modified on 3/2/2020 (ztd). (Entered: 02/07/2020)
Feb 7, 2020ENTERED IN ERROR. . . . .NOTICE OF ERROR re 13 Summons Returned Executed as to Federal Defendant; emailed to ejeffers@biologicaldiversity.org, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. Please refile document, 3. File an Errata with explanation and attach the corrected signature page as an exhibit to the Errata (ztd, ) Modified on 3/2/2020 (ztd). (Entered: 02/07/2020)
15Feb 11, 2020RequestNOTICE of Appearance by Jacqueline Margaret Leonard on behalf of All Defendants (Leonard, Jacqueline) (Entered: 02/11/2020)
16Feb 20, 2020RequestNOTICE of Appearance by Andrew D. Knudsen on behalf of All Defendants (Knudsen, Andrew) (Entered: 02/20/2020)
17Mar 23, 2020RequestNOTICE of Appearance by William S. Scherman on behalf of FG LA LLC (Scherman, William) (Entered: 03/23/2020)
18Mar 24, 2020RequestNOTICE of Appearance by David Debold on behalf of FG LA LLC (Debold, David) (Entered: 03/24/2020)
19Mar 30, 2020ViewANSWER to Complaint by TODD T. SEMONITE, U.S. ARMY CORPS OF ENGINEERS.(Leonard, Jacqueline) (Entered: 03/30/2020)
Mar 31, 2020MINUTE ORDER: In light of Plaintiff's complaint, Dkt. 1 , and Defendant's answer, Dkt. 19 , it is hereby ORDERED that the parties shall appear telephonically for an initial scheduling conference on April 15, 2020 at 11:30 a.m. The parties shall contact the Court's Deputy Clerk for logistical information concerning appearing telephonically. Signed by Judge Randolph D. Moss on 3/31/2020. (lcrdm1) (Entered: 03/31/2020)
20Apr 10, 2020RequestMOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael C. Drew, Filing fee $ 100, receipt number ADCDC-7010577. Fee Status: Fee Paid. by FG LA LLC (Attachments: # 1 Declaration Michael Drew Declaration, # 2 Text of Proposed Order Proposed Order for Michael Drew Pro Hac Vice)(Debold, David) (Entered: 04/10/2020)
Apr 10, 2020MINUTE ORDER: Upon consideration of petitioner's Motion for Admission Pro Hac Vice, Dkt. 20 , it is hereby ORDERED that the motion is GRANTED. Michael C. Drew is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Randolph D. Moss on 4/10/2020. (lcrdm1) (Entered: 04/10/2020)
21Apr 13, 2020RequestUnopposed MOTION for Extension of Time to File Certified List of Contents of Administrative Record by TODD T. SEMONITE, U.S. ARMY CORPS OF ENGINEERS (Attachments: # 1 Text of Proposed Order)(Leonard, Jacqueline) (Entered: 04/13/2020)
22Apr 14, 2020RequestMOTION for Leave to Appear Pro Hac Vice :Attorney Name- Marjorie A. McKeithen, Filing fee $ 100, receipt number ADCDC-7021676. Fee Status: Fee Paid. by FG LA LLC (Attachments: # 1 Declaration of Marjorie McKeithen, # 2 Proposed Order for Marjorie McKeithen)(Debold, David) (Entered: 04/14/2020)
Apr 14, 2020MINUTE ORDER: Upon consideration of the Federal Defendants' unopposed motion for extension of time, Dkt. 21 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendants shall file their certified list of the contents of the administrative record on or before May 29, 2020. Signed by Judge Randolph D. Moss on 4/14/2020. (lcrdm1) (Entered: 04/14/2020)
Apr 14, 2020MINUTE ORDER: Upon consideration of petitioner's Motion for Admission Pro Hac Vice 22 , it is hereby ORDERED that the motion is GRANTED. Marjorie A. McKeithen is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a). Click for instructions. Signed by Judge Randolph D. Moss on 4/14/2020. (lcrdm1) (Entered: 04/14/2020)
Apr 15, 2020Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Initial Scheduling Conference held on 4/15/2020. All parties and the Court appeared via telephone. Scheduling Order forthcoming. (Court Reporter: Jeff Hook.) (kt) (Entered: 04/15/2020)
23Apr 15, 2020ViewPROPOSED BRIEFING SCHEDULE - JOINT by TODD T. SEMONITE, U.S. ARMY CORPS OF ENGINEERS. (Attachments: # 1 Text of Proposed Order)(Leonard, Jacqueline) (Entered: 04/15/2020)
Apr 16, 2020MINUTE ORDER: Upon consideration of the parties' joint proposed scheduling order, Dkt. 23 , it is hereby ORDERED that the following schedule shall govern the initial stages of this matter: (1) the parties shall file, on or before July 13, 2020, any motion challenging the completeness of the administrative record, the applicability of any exceptions to record review, or the need for judicial review of extra-records materials; (2) the parties shall file responses to any such motions on or before August 12, 2020; and (3) the parties shall file replies in support of any such motions on or before August 24, 2020. The Court will enter an additional order setting the schedule for subsequent filings and a pre-motion conference once the administrative record has been finalized. Signed by Judge Randolph D. Moss on 4/16/2020. (lcrdm1) (Entered: 04/16/2020)
24Apr 16, 2020RequestNOTICE of Appearance by Michael Drew on behalf of FG LA LLC (Drew, Michael) (Entered: 04/16/2020)
25May 29, 2020RequestNOTICE of filing of the certified list of the administrative record by TODD T. SEMONITE, U.S. ARMY CORPS OF ENGINEERS (Attachments: # 1 Exhibit 1 - List of administrative record contents, # 2 Exhibit 2 - Certification of administrative record)(Leonard, Jacqueline) (Entered: 05/29/2020)
26Jul 13, 2020RequestMOTION to Continue by FG LA LLC (Attachments: # 1 Text of Proposed Order)(Drew, Michael) (Entered: 07/13/2020)
27Jul 13, 2020ViewMOTION Admit Extra-Record Evidence by CENTER FOR BIOLOGICAL DIVERSITY, HEALTHY GULF, LOUISIANA BUCKET BRIGADE, RISE ST. JAMES (Attachments: # 1 Declaration of Julie Teel Simmonds, # 2 Declaration of Pam Spees, # 3 Text of Proposed Order)(Simmonds, Julie) (Entered: 07/14/2020)
28Jul 14, 2020ViewWITHDRAWN PURSUANT TO MINUTE ORDER FILED ON 7/24/2020..... MOTION for Preliminary Injunction by CENTER FOR BIOLOGICAL DIVERSITY, HEALTHY GULF, LOUISIANA BUCKET BRIGADE, RISE ST. JAMES (Attachments: # 1 Declaration (Alexander), # 2 Declaration (Cayette), # 3 Declaration (Cooper), # 4 Declaration (Eustis), # 5 Declaration (Lavigne), # 6 Declaration (London), # 7 Declaration (Rolfes), # 8 Declaration (Sakashita), # 9 Declaration (Sarthou), # 10 Declaration Suckling), # 11 Declaration (Shaffer), # 12 Declaration (van Heerden), # 13 Declaration (Teel), # 14 Exhibit (Teel Decl., Ex. A), # 15 Exhibit (Teel Decl., Ex. B), # 16 Exhibit (Teel Decl, Ex. C-E), # 17 Text of Proposed Order)(Simmonds, Julie) Modified on 7/24/2020 (kt). (Entered: 07/14/2020)
Jul 14, 2020MINUTE ORDER: Upon consideration of FG LA LLC's unopposed motion to continue, Dkt. 26 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the parties shall file motions concerning the completeness of the administrative record on or before July 15, 2020. Signed by Judge Randolph D. Moss on 7/14/2020. (lcrdm1) (Entered: 07/14/2020)
Jul 14, 2020MINUTE ORDER: In light of Plaintiffs' motion for preliminary injunction, Dkt. 28 , it is hereby ORDERED that the parties shall appear telephonically at 9:00 a.m. on July 15, 2020 to discuss the schedule for this matter. The parties shall utilize the same teleconference number and access code. Signed by Judge Randolph D. Moss on 7/14/2020. (lcrdm1) Modified on 7/14/2020 to note same number and access code (kt). (Entered: 07/14/2020)
29Jul 14, 2020RequestJoint MOTION for Extension of Time to File Oppositions to Plaintiffs' Motion for Preliminary Injunction by FG LA LLC (Attachments: # 1 Text of Proposed Order)(Scherman, William) (Entered: 07/14/2020)
Jul 15, 2020Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Scheduling Conference held on 7/15/2020. For the reasons stated on the record, the parties shall meet & confer and file a joint status report by 4:00 p.m. on 7/17/2020. (Court Reporter: Janice Dickman.) (kt) (Entered: 07/15/2020)
30Jul 15, 2020RequestRESPONSE re 29 Joint MOTION for Extension of Time to File Oppositions to Plaintiffs' Motion for Preliminary Injunction filed by CENTER FOR BIOLOGICAL DIVERSITY, HEALTHY GULF, LOUISIANA BUCKET BRIGADE, RISE ST. JAMES. (Attachments: # 1 Declaration Scott Eustis)(Packard, Lauren) (Entered: 07/15/2020)
31Jul 16, 2020RequestNOTICE of Proposed Order Denying Defendant and Defendant-Intervenors' Motion to Extend Time by CENTER FOR BIOLOGICAL DIVERSITY, HEALTHY GULF, LOUISIANA BUCKET BRIGADE, RISE ST. JAMES re 30 Response to motion, (Packard, Lauren) (Entered: 07/16/2020)
32Jul 17, 2020RequestTRANSCRIPT OF TELEPHONIC INITIAL SCHEDULING CONFERENCE before Judge Randolph D. Moss held on April 15, 2020. Page Numbers: 1 - 20. Date of Issuance: July 17, 2020. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased f rom the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 8/7/2020. Redacted Transcript Deadline set for 8/17/2020. Release of Transcript Restriction set for 10/15/2020.(Hook, Jeff) (Entered: 07/17/2020)
33Jul 17, 2020RequestJoint STATUS REPORT by TODD T. SEMONITE, U.S. ARMY CORPS OF ENGINEERS. (Attachments: # 1 Exhibit 1)(Knudsen, Andrew) (Entered: 07/17/2020)
34Jul 17, 2020RequestMOTION for Leave to Appear Pro Hac Vice :Attorney Name- Bruce Hamilton, Filing fee $ 100, receipt number ADCDC-7355508. Fee Status: Fee Paid. by ACLU Foundation of Louisiana (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Gowen, Christopher) (Entered: 07/17/2020)
35Jul 17, 2020RequestMOTION for Leave to Appear Pro Hac Vice :Attorney Name- ANiya Robinson, Filing fee $ 100, receipt number ADCDC-7355639. Fee Status: Fee Paid. by ACLU Foundation of Louisiana (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Gowen, Christopher) (Entered: 07/17/2020)
Jul 17, 2020MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 33 , it is hereby ORDERED that the parties shall file by 4:00 p.m. on July 21, 2020 a further joint status report. Signed by Judge Randolph D. Moss on 7/17/2020. (lcrdm1) (Entered: 07/17/2020)
36Jul 17, 2020ViewMOTION for Leave to File Amicus Curiae Brief by ACLU Foundation of Louisiana (Attachments: # 1 Memorandum in Support, # 2 Exhibit Exhibit A - Amicus Curiae Brief, # 3 Text of Proposed Order)(Gowen, Christopher) (Entered: 07/17/2020)
Jul 17, 2020MINUTE ORDER: Upon consideration of ACLU Foundation of Louisiana's motions that Bruce Hamilton and A'Niya Robinson be permitted to appear pro hac vice, Dkt. 34 ; Dkt. 35 , it is hereby ORDERED that the motions are GRANTED. Bruce Hamilton and A'Niya Robinson are hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Randolph D. Moss on 7/17/2020. (lcrdm1) (Entered: 07/17/2020)
37Jul 17, 2020RequestMOTION for Extension of Time to File by TODD T. SEMONITE, U.S. ARMY CORPS OF ENGINEERS (ztd);(See docket entry 33 to view.) (Entered: 07/18/2020)
38Jul 21, 2020RequestJoint STATUS REPORT by TODD T. SEMONITE, U.S. ARMY CORPS OF ENGINEERS. (Knudsen, Andrew) (Entered: 07/21/2020)
Jul 21, 2020MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 38 , it is hereby ORDERED that the parties shall file a further joint status report by 4:00 p.m. on July 23, 2020. Signed by Judge Randolph D. Moss on 7/21/2020. (lcrdm1) (Entered: 07/21/2020)
39Jul 21, 2020RequestMOTION for Extension of Time by TODD T. SEMONITE, U.S. ARMY CORPS OF ENGINEERS. (See Docket Entry 38 to view document). (znmw) (Entered: 07/22/2020)
Jul 22, 2020Set/Reset Deadlines: Joint Status Report due by 4:00 p.m. on 7/23/2020. (kt) (Entered: 07/22/2020)
40Jul 22, 2020RequestNOTICE of Appearance by A'Niya Robinson on behalf of ACLU FOUNDATION OF LOUISIANA (Robinson, A'Niya) (Main Document 40 replaced on 7/22/2020) (ztd). (Entered: 07/22/2020)
41Jul 23, 2020ViewSTIPULATION Proposed Scheduling Order, and Proposed Order by CENTER FOR BIOLOGICAL DIVERSITY, HEALTHY GULF, LOUISIANA BUCKET BRIGADE, RISE ST. JAMES. (Kilduff, Catherine) (Entered: 07/23/2020)
Jul 24, 2020MINUTE ORDER: Upon consideration of the parties' stipulation and proposed scheduling order, Dkt. 41 , it is hereby ORDERED that the following schedule shall govern proceedings in this matter going forward: (1) Federal Defendants and Defendant-Intervenor shall file responses to Plaintiffs' motion to admit extra-record evidence on or before August 3, 2020; (2) Plaintiffs shall file their reply on their motion to admit extra-record evidence on or before August 17, 2020; (3) Plaintiffs shall file their motion for summary judgment on or before October 1, 2020; (4) Federal Defendants and Defendant-Intervenor shall file their opposition and any cross-motion on or before November 5, 2020; (5) Plaintiffs shall file their opposition and reply briefs on or before November 30, 2020; (6) Federal Defendants and Defendant-Intervenor shall file their reply briefs on or before December 14, 2020. The Court will not enforce its normal pre-motion conference requirement in this matter. It is further ORDERED that Plaintiffs' motion for a preliminary injunction, Dkt. 28 , is hereby WITHDRAWN, and Defendants' motion for an extension of time to respond to that motion, Dkt. 29 , is hereby DENIED as moot. Signed by Judge Randolph D. Moss on 7/24/2020. (lcrdm1) (Entered: 07/24/2020)
42Jul 28, 2020RequestNOTICE of Appearance by Bruce Warfield Hamilton on behalf of ACLU FOUNDATION OF LOUISIANA (Hamilton, Bruce) (Entered: 07/28/2020)
43Aug 3, 2020ViewMemorandum in opposition to re 27 MOTION Admit Extra-Record Evidence and Conditional Cross-Motion to Add to Record in the Alternative filed by FG LA LLC. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A)(Scherman, William) (Entered: 08/03/2020)
44Aug 3, 2020ViewMemorandum in opposition to re 27 MOTION Admit Extra-Record Evidence filed by TODD T. SEMONITE, U.S. ARMY CORPS OF ENGINEERS. (Attachments: # 1 Text of Proposed Order)(Leonard, Jacqueline) (Entered: 08/03/2020)
45Aug 3, 2020RequestMOTION to Add to Record In the Alternative by FG LA LLC (ztd); (See docket entry no. 43 to view.) (Entered: 08/04/2020)
46Aug 12, 2020RequestNOTICE of Filing of Supplemental Certified List of the Administrative Record by TODD T. SEMONITE, U.S. ARMY CORPS OF ENGINEERS (Attachments: # 1 Exhibit Supplemental List of Administrative Record Contents, # 2 Exhibit Certification of Supplement to Administrative Record)(Knudsen, Andrew) (Entered: 08/12/2020)
47Aug 17, 2020ViewREPLY to opposition to motion re 27 MOTION Admit Extra-Record Evidence filed by CENTER FOR BIOLOGICAL DIVERSITY, HEALTHY GULF, LOUISIANA BUCKET BRIGADE, RISE ST. JAMES. (Simmonds, Julie) (Entered: 08/17/2020)
Aug 18, 2020MINUTE ORDER: Upon consideration of the ACLU Foundation of Louisiana's unopposed motion for leave to file amicus curiae brief "in support of Plaintiffs' motion for preliminary injunction and request for oral argument," Dkt. 36 ; Dkt. 36-2, it is hereby ORDERED that the motion is DENIED as moot because Plaintiffs no longer seek a preliminary injunction and, instead, have agreed to proceed with expedited summary judgment briefing in this matter, Minute Order (July 24, 2020). The ACLU Foundation of Louisiana may renew its motion for leave to file an amicus curiae brief in the course of the summary judgment briefing. Signed by Judge Randolph D. Moss on 8/18/2020. (lcrdm1) (Entered: 08/18/2020)
48Aug 22, 2020RequestTRANSCRIPT OF PROCEEDINGS before Judge Randolph D. Moss held on July 15, 2020; Page Numbers: 1-47. Date of Issuance:August 22, 2020. Court Reporter: Janice Dickman, Telephone number: 202-354-3267, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above . After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 9/12/2020. Redacted Transcript Deadline set for 9/22/2020. Release of Transcript Restriction set for 11/20/2020.(Dickman, Janice) (Entered: 08/22/2020)
49Aug 31, 2020RequestORDER: It is hereby ORDERED that the parties shall appear for oral argument on Plaintiffs' motion to admit extra-record evidence, Dkt. 27 , on September 2, 2020, at 2:00 p.m. telephonically. Parties may use the telephonic number and access code previously used in this case. It is further ORDERED that government defendants file requested materials from the record with the Court on or before September 1, 2020 at 2:00 p.m. See attached document for details. Signed by Judge Randolph D. Moss on 08/31/2020. (lcrdm1) Modified on 9/1/2020 to include year with date, and remove "minute" from in front of "order" (kt). (Entered: 08/31/2020)
50Sep 1, 2020RequestNOTICE of Lodging Portions of Administrative Record by TODD T. SEMONITE, U.S. ARMY CORPS OF ENGINEERS re 49 Order,,, Set Hearings,, (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit)(Leonard, Jacqueline) (Entered: 09/01/2020)
51Sep 1, 2020RequestNOTICE of Lodging Supplemental Portions of Administrative Record by TODD T. SEMONITE, U.S. ARMY CORPS OF ENGINEERS re 49 Order,,, Set Hearings,, (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Knudsen, Andrew) (Entered: 09/01/2020)
52Sep 1, 2020RequestSEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by TODD T. SEMONITE, U.S. ARMY CORPS OF ENGINEERS (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Knudsen, Andrew) (Entered: 09/02/2020)
53Sep 2, 2020RequestNOTICE of Additional Responsive Document by FG LA LLC re 49 Order,,, Set Hearings,, (Attachments: # 1 Exhibit)(Scherman, William) (Entered: 09/02/2020)
Sep 2, 2020Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Motion Hearing held on 9/2/2020 re: 27 MOTION Admit Extra-Record Evidence filed by RISE ST. JAMES, HEALTHY GULF, LOUISIANA BUCKET BRIGADE, CENTER FOR BIOLOGICAL DIVERSITY, and 45 (see 43 to view) Condition Cross MOTION to Add to Record In the Alternative filed by FG LA LLC. For the reasons stated on the record, the parties shall file a Status Report by end of day on 9/4/2020. Matters TAKEN UNDER ADVISEMENT. (Court Reporter: Janice Dickman.) (kt) (Entered: 09/02/2020)
54Sep 2, 2020RequestNOTICE of Requested Document re Request to Re-Open NHPA 106 Process by CENTER FOR BIOLOGICAL DIVERSITY, HEALTHY GULF, LOUISIANA BUCKET BRIGADE, RISE ST. JAMES (Attachments: # 1 Exhibit Correspondence re Request to Re-Open NHPA Process)(Simmonds, Julie) (Entered: 09/02/2020)
55Sep 4, 2020RequestSEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by TODD T. SEMONITE, U.S. ARMY CORPS OF ENGINEERS (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit 1)(Knudsen, Andrew) (Entered: 09/04/2020)
56Sep 4, 2020RequestNOTICE of Filing of Federal Defendants' Response to Question Presented by the Court at Oral Argument Held 9.2.20 by TODD T. SEMONITE, U.S. ARMY CORPS OF ENGINEERS re Motion Hearing,,, Set Deadlines,, (Attachments: # 1 Exhibit A - Public Comments from Louisiana Environmental Action Network)(Leonard, Jacqueline) (Entered: 09/04/2020)
57Sep 4, 2020RequestNOTICE in Response to September 2, 2020 Minute Order by FG LA LLC (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(Scherman, William) (Entered: 09/04/2020)
Sep 4, 2020MINUTE ORDER GRANTING MOTION TO FILE UNDER SEAL: Upon consideration of government defendants' sealed motions for leave to file unredacted documents under seal, Dkt. 52 & 55 , it is hereby ORDERED that the motions are GRANTED. Signed by Judge Randolph D. Moss on 09/04/2020. (lcrdm1) Modified on 9/8/2020 to add "Minute" in front of "Order" (no paper order to attach) (kt). (Entered: 09/04/2020)
58Sep 4, 2020ViewSTATUS REPORT re Motion Hearing held on 9/2/2020 by CENTER FOR BIOLOGICAL DIVERSITY, HEALTHY GULF, LOUISIANA BUCKET BRIGADE, RISE ST. JAMES. (Simmonds, Julie) (Entered: 09/04/2020)
59Sep 4, 2020RequestSEALED DOCUMENT filed by TODD T. SEMONITE, U.S. ARMY CORPS OF ENGINEERS. (This document is SEALED and only available to authorized persons.); (SEE DOCKET ENTRY NO. 52 TO VIEW.)(ztd) (Entered: 09/08/2020)
60Sep 4, 2020RequestSEALED DOCUMENT filed by TODD T. SEMONITE, U.S. ARMY CORPS OF ENGINEERS. (This document is SEALED and only available to authorized persons.)(ztd) (Entered: 09/08/2020)
61Sep 22, 2020RequestMEMORANDUM OPINION AND ORDER: For the reasons stated in the accompanying Memorandum Opinion and Order, Dkt. 61 , it is hereby ORDERED that Plaintiffs' motion to add extra-record evidence, Dkt. 27 , is GRANTED in part and DENIED in part. Intervenor-Defendant's motion to add to the record in the alternative, Dkt. 45 , is DENIED. Signed by Judge Randolph D. Moss on 09/22/2020.(lcrdm1) Modified on 9/22/2020 to change document type to "opinion" (kt). (Entered: 09/22/2020)
62Oct 1, 2020ViewMOTION for Summary Judgment by CENTER FOR BIOLOGICAL DIVERSITY, HEALTHY GULF, LOUISIANA BUCKET BRIGADE, RISE ST. JAMES (Attachments: # 1 Declaration (Alexander), # 2 Declaration (Cayette), # 3 Declaration (Cooper), # 4 Declaration (Eustis), # 5 Declaration (Lavigne), # 6 Declaration (London), # 7 Declaration (Rolfes), # 8 Declaration (Sakashita), # 9 Declaration (Sarthou), # 10 Text of Proposed Order)(Simmonds, Julie) (Entered: 10/01/2020)
63Oct 9, 2020ViewMOTION for Leave to File Amicus Curiae Brief by ACLU FOUNDATION OF LOUISIANA (Attachments: # 1 Memorandum in Support, # 2 Exhibit Proposed Amicus Brief, # 3 Text of Proposed Order)(Hamilton, Bruce) (Entered: 10/09/2020)
Oct 15, 2020MINUTE ORDER: Upon consideration of Plaintiff's motion for leave to file an amicus curiae brief, Dkt. 63 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the amicus curiae brief, Dkt. [63-2], is hereby deemed FILED. Signed by Judge Randolph D. Moss on 10/15/2020. (lcrdm1) (Entered: 10/15/2020)
64Oct 15, 2020ViewAMICUS BRIEF by ACLU FOUNDATION OF LOUISIANA. (ztd) (Entered: 10/16/2020)
65Oct 29, 2020ViewMOTION for Leave to File Amicus Curiae Brief by CONCERNED CITIZENS OF ST. JOHN, JUSTICE AND BEYOND (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Text of Proposed Order)(Lewis, Heather) (Entered: 10/29/2020)
66Oct 30, 2020RequestNOTICE of Appearance by Claudia Polsky on behalf of CONCERNED CITIZENS OF ST. JOHN (Polsky, Claudia) (Entered: 10/30/2020)
Nov 2, 2020MINUTE ORDER: Upon consideration of the motion of Concerned Citizens of St. John and Justice and Beyond for leave to file an amicus curiae brief, Dkt. 65 , it is hereby ORDERED that Federal Defendants and Defendant-Intervenors shall file their oppositions, if any, to the motion for leave to file on or before end of day, November 3, 2020. Signed by Judge Randolph D. Moss on 11/02/2020. (lcrdm1) (Entered: 11/02/2020)
67Nov 4, 2020ViewMOTION to Stay Summary Judgment Briefing - Request Expedited Consideration by TODD T. SEMONITE, U.S. ARMY CORPS OF ENGINEERS (Leonard, Jacqueline) (Entered: 11/04/2020)
Nov 4, 2020MINUTE ORDER: Upon consideration of Defendants' motion to stay summary judgment briefing, Dkt. 67 , it is hereby ORDERED that Plaintiffs shall respond to this motion on or before 12:00 p.m. on November 5, 2020. It is further ORDERED that Defendants' time to file their response to the motion for summary judgment and cross-motion for summary judgment is extended until 5:00 p.m. on November 6, 2020, pending further order of the Court. Signed by Judge Randolph D. Moss on 11/04/2020. (lcrdm1) (Entered: 11/04/2020)
68Nov 5, 2020ViewRESPONSE re 67 MOTION to Stay Summary Judgment Briefing - Request Expedited Consideration filed by CENTER FOR BIOLOGICAL DIVERSITY, HEALTHY GULF, LOUISIANA BUCKET BRIGADE, RISE ST. JAMES. (Simmonds, Julie) (Entered: 11/05/2020)
Nov 5, 2020MINUTE ORDER: Upon consideration of Defendants' motion to stay summary judgment briefing, Dkt. 67 , and Plaintiffs' response, Dkt. 68 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the Corps shall file a status report within 24 hours of issuing its anticipated notice. The parties are further ORDERED to meet and confer regarding a schedule for the anticipated motion for voluntary remand and to submit a proposed schedule to the Court within seven days of the Corps' issuance of the anticipated notice. Signed by Judge Randolph D. Moss on 11/05/2020. (lcrdm1) (Entered: 11/05/2020)
69Nov 13, 2020RequestSTATUS REPORT by TODD T. SEMONITE, U.S. ARMY CORPS OF ENGINEERS. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Knudsen, Andrew) (Entered: 11/13/2020)
70Nov 19, 2020RequestPROPOSED BRIEFING SCHEDULE for Federal Defendants' Motion for Voluntary Remand by TODD T. SEMONITE, U.S. ARMY CORPS OF ENGINEERS. (Knudsen, Andrew) (Entered: 11/19/2020)
Nov 20, 2020MINUTE ORDER: Upon consideration of Parties' joint proposed briefing schedule for voluntary remand, Dkt. 70 , it is hereby ORDERED that Parties shall adhere to the following schedule. Federal Defendants shall file their remand motion on or before December 2, 2020. Responses shall be due on or before December 16, 2020, and replies shall be due on or before December 23, 2020. Defendant-Intervenor FG LA, LLC shall adhere to Defendants' deadlines if it does not oppose the remand motion or to the responses deadline if FG opposes the remand motion. Signed by Judge Randolph D. Moss on 11/20/2020. (lcrdm1) (Entered: 11/20/2020)
71Dec 2, 2020ViewMOTION to Remand to U.S. Army Corps of Engineers Without Vacatur, MOTION to Dismiss by TODD T. SEMONITE, U.S. ARMY CORPS OF ENGINEERS (Attachments: # 1 Text of Proposed Order)(Knudsen, Andrew) (Entered: 12/02/2020)
72Dec 14, 2020RequestNOTICE OF WITHDRAWAL OF APPEARANCE as to CENTER FOR BIOLOGICAL DIVERSITY, HEALTHY GULF, LOUISIANA BUCKET BRIGADE, RISE ST. JAMES. Attorney Lauren Packard terminated. (Simmonds, Julie) (Entered: 12/14/2020)
73Dec 16, 2020ViewRESPONSE re 71 MOTION to Remand to U.S. Army Corps of Engineers Without Vacatur MOTION to Dismiss filed by CENTER FOR BIOLOGICAL DIVERSITY, HEALTHY GULF, LOUISIANA BUCKET BRIGADE, RISE ST. JAMES. (Attachments: # 1 Exhibit Pls Request for Comment & Hearing, # 2 Exhibit D Az Order Granting Stay, # 3 Exhibit La 23rd Judgment, # 4 Text of Proposed Order)(Simmonds, Julie) (Entered: 12/16/2020)
74Dec 16, 2020RequestERRATA Regarding Corrected Exhibits by CENTER FOR BIOLOGICAL DIVERSITY, HEALTHY GULF, LOUISIANA BUCKET BRIGADE, RISE ST. JAMES 73 Response to motion, filed by RISE ST. JAMES, HEALTHY GULF, LOUISIANA BUCKET BRIGADE, CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Exhibit Two (Corrected) - D. Ariz. Order Granting Stay, # 2 Exhibit Three (Corrected) - Judgment of La. 19th District)(Simmonds, Julie) (Entered: 12/16/2020)
75Dec 23, 2020ViewREPLY re 71 MOTION to Remand to U.S. Army Corps of Engineers Without Vacatur, MOTION to Dismiss filed by FG LA LLC. (Scherman, William) Modified on 12/26/2020 to add correct docket link (zjf). (Entered: 12/23/2020)
76Dec 23, 2020ViewREPLY to opposition to motion re 71 MOTION to Remand to U.S. Army Corps of Engineers Without Vacatur MOTION to Dismiss filed by TODD T. SEMONITE, U.S. ARMY CORPS OF ENGINEERS. (Attachments: # 1 Exhibit 1)(Knudsen, Andrew) (Entered: 12/23/2020)
77Jan 1, 2021ViewMEMORANDUM OPINION: For the reasons explained in the attached memorandum opinion, the Court GRANTS Defendants' motion for remand without vacatur, Dkt. 71 , and DISMISSES the case without prejudice. A separate order will issue. Signed by Judge Randolph D. Moss on 01/01/2021. (lcrdm1) (Entered: 01/01/2021)
78Jan 1, 2021ViewORDER: For the reasons explained in the Court's memorandum opinion, Dkt. 77 , it is hereby ORDERED that Defendants' motion to remand without vacatur, Dkt. 71 , is GRANTED. It is further ORDERED that the case is DISMISSED without prejudice. See attached document for details. The Deputy Clerk of Court is directed to terminate this case. Signed by Judge Randolph D. Moss on 01/01/2021. (lcrdm1) (Entered: 01/01/2021)

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