Docket Entries Since Last Update
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Court Dockets
U.S. District Court
District of Oregon (Portland (3))
CIVIL DOCKET FOR CASE #: 3:19-cv-00564-AR
District of Oregon (Portland (3))
CIVIL DOCKET FOR CASE #: 3:19-cv-00564-AR
Oregon Cattlemen's Association v. United States Environmental Protection Agency et al
DOCKET INFORMATION
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| Plaintiff |
Oregon Cattlemen's Association
Plaintiff
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| Representation | |||
| Charles Timothy Yates Pacific Legal Foundation 555 Capitol Mall, Suite 1290 Sacramento, CA 95814 (916) 419-7111 cyates@pacificlegal.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | Daniel M. Ortner Pacific Legal Foundation 555 Capitol Mall, Suite 1290 Sacramento, CA 95814 (916) 419-7111 dortner@pacificlegal.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | Anthony L. Francois Briscoe Ivester & Bazel LLP 235 Montgomery Street, Suite 935 San Francisco, CA 94104 (415) 402-2700 Fax: (415) 398-5630 tfrancois@briscoelaw.net TERMINATED: 09/01/2021 PRO HAC VICE | |
| Mollie R. Williams Pacific Legal Foundation 930 G. Street Sacramento, CA 95814 (916) 419-7111 Fax: (916) 419-7747 mwilliams@pacificlegal.org TERMINATED: 05/04/2020 PRO HAC VICE | Christina M. Martin Pacific Legal Foundation 4440 PGA Blvd Suite 307 Palm Beach Gardens, FL 33410 (561) 691-5000 Fax: (561) 691-5006 cmartin@pacificlegal.org ATTORNEY TO BE NOTICED | ||
| Defendant |
United States Environmental Protection Agency
Defendant
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| Representation | |||
| Andrew J. Doyle USDOJ - Environment & Natural Resources Division P.O. Box 7611 Washington, DC 20044 (202) 514-4427 Fax: (202) 514-8865 andrew.doyle@usdoj.gov TERMINATED: 09/13/2019 | Hubert T. Lee US Department of Justice 150 M St. NE Rm 4.1116 Washington, DC 20002 (202) 514-1806 hubert.lee@usdoj.gov Environment and Natural Resources Division ATTORNEY TO BE NOTICED | Jonathan Brightbill DOJ-Enrd 950 Pennsylvania Avenue, N.W. Ste 2133 Washington, DC 20530 (202) 514-2766 jonathan.brightbill@usdoj.gov TERMINATED: 01/21/2021 | |
| Stephanie J. Talbert U.S. Department of Justice, ENRD 999 18th St., South Terrace, Suite 370 Denver, CO 80202 (303) 844-7231 stephanie.talbert@usdoj.gov Environmental Defense Section TERMINATED: 12/20/2019 | Sonya J. Shea DOJ-Enrd 999 18th Street South Terrace, Suite 370 Denver, CO 80202 (303) 844-7231 Fax: (303) 844-1350 sonya.shea@usdoj.gov Environment and Natural Resources Division ATTORNEY TO BE NOTICED | ||
| Intervenor Defendant |
Columbia Riverkeeper
Intervenor Defendant
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| Representation | |||
| Anna M. Sewell Earthjustice 1001 G Street NW Suite 1000 Washington, DC 20001 (202) 667-4500 Fax: (202) 667-2356 asewell@earthjustice.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | Janette K. Brimmer Earthjustice 810 Third Avenue Suite 610 Seattle, WA 98104 (206) 343-7340 Fax: (206) 343-1526 jbrimmer@earthjustice.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | James Neville Saul Lewis & Clark Law School 10101 S. Terwilliger Blvd. Portland, OR 97219 (503) 768-6929 jsaul@lclark.edu ATTORNEY TO BE NOTICED | |
| Jennifer C. Chavez Earthjustice 1625 Massachusetts Avenue, N.W. Suite 702 Washington, DC 20036 (202) 667-4500 Fax: (202) 667-2356 jchavez@earthjustice.org TERMINATED: 08/29/2019 PRO HAC VICE | |||
Numbers shown are court assigned numbers.
| Entry | Filed | Description | |
|---|---|---|---|
| 1 | Apr 16, 2019 | View | Complaint. for Declaratory and Injunctive Relief Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-5813580 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: No. Filed by Oregon Cattlemen's Association against All Defendants (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Corporate Disclosure Statement). (Martin, Christina) (Entered: 04/16/2019) |
| 2 | Apr 16, 2019 | Request | Motion for Leave to Appear Pro Hac Vice for Attorney Anthony L. Francois . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5813667. Filed by Oregon Cattlemen's Association. (Martin, Christina) (Entered: 04/16/2019) |
| 3 | Apr 16, 2019 | Request | Motion for Leave to Appear Pro Hac Vice for Attorney Mollie R. Williams . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5813682. Filed by Oregon Cattlemen's Association. (Martin, Christina) (Entered: 04/16/2019) |
| 4 | Apr 16, 2019 | Request | Motion for Leave to Appear Pro Hac Vice for Attorney Daniel M. Ortner . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5813690. Filed by Oregon Cattlemen's Association. (Martin, Christina) (Entered: 04/16/2019) |
| 5 | Apr 16, 2019 | Request | Notice of Case Assignment to Magistrate Judge John V. Acosta and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 8/14/2019. Joint Alternate Dispute Resolution Report is due by 9/13/2019. Pretrial Order is due by 9/13/2019. Ordered by Magistrate Judge John V. Acosta. (sb) (Entered: 04/16/2019) |
| 6 | Apr 16, 2019 | Request | Summons Issued Electronically as to United States Environmental Protection Agency. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (sb) (Entered: 04/16/2019) |
| 7 | Apr 17, 2019 | Request | Proposed Summons (Attachments: # 1 Proposed Summons, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons) Filed by Oregon Cattlemen's Association. (Martin, Christina) (Entered: 04/17/2019) |
| 8 | Apr 17, 2019 | Request | Summons Issued Electronically as to R.D. James, United States Army Corps of Engineers, Andrew Wheeler, Billy J. Williams, United States Attorney and William Barr, U.S. Attorney General. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (sb) (Entered: 04/17/2019) |
| 9 | Apr 17, 2019 | Request | ORDER: Granting Application for Special Admission Pro Hac Vice of Anthony L. Francois for Oregon Cattlemen's Association. Application Fee in amount of $300 collected. Receipt No. 0979-5813667 issued. Signed on 4/17/2019 by Magistrate Judge John V. Acosta. (ecp) (Entered: 04/18/2019) |
| 10 | Apr 17, 2019 | Request | Notification of CM/ECF Account for Anthony L. Francois (Pro Hac Vice admission). Your login is: alfrancois. Go to the CM/ECF login page to set your password. (ecp) (Entered: 04/18/2019) |
| 11 | Apr 17, 2019 | Request | ORDER: Granting Application for Special Admission Pro Hac Vice of Mollie R. Williams for Oregon Cattlemen's Association. Application Fee in amount of $300 collected. Receipt No. 0979-5813682 issued. Signed on 4/17/2019 by Magistrate Judge John V. Acosta. (ecp) (Entered: 04/18/2019) |
| 12 | Apr 17, 2019 | Request | Notification of CM/ECF Account for Mollie R. Williams (Pro Hac Vice admission). Your login is: mrwilliams. Go to the CM/ECF login page to set your password. (ecp) (Entered: 04/18/2019) |
| 13 | Apr 17, 2019 | Request | ORDER: Granting Application for Special Admission Pro Hac Vice of Daniel M. Ortner for Oregon Cattlemen's Association. Application Fee in amount of $300 collected. Receipt No. 0979-5813690 issued. Signed on 4/17/2019 by Magistrate Judge John V. Acosta. (ecp) (Entered: 04/18/2019) |
| 14 | Apr 17, 2019 | Request | Notification of CM/ECF Account for Daniel M. Ortner (Pro Hac Vice admission). Your login is: dmortner. Go to the CM/ECF login page to set your password. (ecp) (Entered: 04/18/2019) |
| 15 | Apr 18, 2019 | Request | Notice of Related Cases Filed by Oregon Cattlemen's Association. (Martin, Christina) (Entered: 04/18/2019) |
| 16 | May 8, 2019 | Request | Declaration of Service by Certified Mail; Return of Service Executed as to All Defendants. Service specifically made upon Local U.S. Attorney. (Martin, Christina) (Entered: 05/08/2019) |
| 17 | Jun 17, 2019 | Request | Motion for Preliminary Injunction . Oral Argument requested. Filed by Oregon Cattlemen's Association. (Martin, Christina) (Entered: 06/17/2019) |
| 18 | Jun 17, 2019 | Request | Declaration of Curtis Martin . Filed by Oregon Cattlemen's Association. (Related document(s): Motion for Preliminary Injunction 17 .) (Martin, Christina) (Entered: 06/17/2019) |
| 19 | Jun 17, 2019 | Request | Declaration of Jerome Rosa . Filed by Oregon Cattlemen's Association. (Related document(s): Motion for Preliminary Injunction 17 .) (Martin, Christina) (Entered: 06/17/2019) |
| 20 | Jun 17, 2019 | Request | Declaration of Jerome Rosa . Filed by Oregon Cattlemen's Association. (Related document(s): Motion for Preliminary Injunction 17 .) (Martin, Christina) (Entered: 06/17/2019) |
| 21 | Jun 18, 2019 | Request | Notice of Appearance of Andrew J. Doyle appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Doyle, Andrew) (Entered: 06/18/2019) |
| 22 | Jun 18, 2019 | Request | Certificate of Service by Oregon Cattlemen's Association of Declaration 18 , Declaration 19 of Martin and Rosa Filed by Oregon Cattlemen's Association. (Martin, Christina) (Entered: 06/18/2019) |
| 23 | Jun 24, 2019 | Request | Answer to 1 Complaint, . Filed by United States Army Corps of Engineers, Andrew Wheeler, United States Environmental Protection Agency, R.D. James. (Doyle, Andrew) (Entered: 06/24/2019) |
| 24 | Jun 25, 2019 | Request | Notice of Appearance of James Neville Saul appearing on behalf of Columbia Riverkeeper Filed by on behalf of Columbia Riverkeeper. (Saul, James) (Entered: 06/25/2019) |
| 25 | Jun 25, 2019 | Request | Motion for Leave to Appear Pro Hac Vice for Attorney Jennifer C. Chavez . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5902380. Filed by Columbia Riverkeeper. (Saul, James) (Entered: 06/25/2019) |
| 26 | Jun 25, 2019 | Request | Motion for Leave to Appear Pro Hac Vice for Attorney Janette K. Brimmer . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5902406. Filed by Columbia Riverkeeper. (Saul, James) (Entered: 06/25/2019) |
| 27 | Jun 25, 2019 | Request | Motion to Intervene . Filed by Columbia Riverkeeper. (Attachments: # 1 Proposed Answer, # 2 Proposed Order) (Brimmer, Janette) (Entered: 06/25/2019) |
| 28 | Jun 25, 2019 | Request | Corporate Disclosure Statement . Filed by Columbia Riverkeeper. (Brimmer, Janette) (Entered: 06/25/2019) |
| 29 | Jun 26, 2019 | Request | Amended Motion for Preliminary Injunction . Oral Argument requested.Expedited Hearing requested. Filed by Oregon Cattlemen's Association. (Martin, Christina) (Entered: 06/26/2019) |
| 30 | Jun 26, 2019 | View | Motion for Leave to File Brief in Opposition to Plaintiff's Request for Preliminary Injunction. Filed by Columbia Riverkeeper. (Saul, James) (Entered: 06/26/2019) |
| 31 | Jun 26, 2019 | Request | ORDER by Judge Acosta - WITHDRAWING the REFERRAL to Judge Mosman of Plaintiff's Motion for Preliminary Injunction 17 and DENYING as MOOT this motion, in light of the filing of an Amended Motion for Preliminary Injunction 29 . FURTHER ORDERED that this court REFERS the Amended Motion for Preliminary Injunction 29 and Proposed Intervenor, Columbia Riverkeepers' Motions to Intervene 27 , and for Leave to File Brief in Opposition to Plaintiff's Request for Preliminary Injunction 30 to the Honorable Michael W. Mosman for consideration and final determination. (peg) (Entered: 06/26/2019) |
| 32 | Jun 26, 2019 | Request | Scheduling Order by Judge Michael W. Mosman. Response due by 7/3/2019 and the Reply due by 7/10/2019, regarding Amended Motion for Preliminary Injunction 29 . Preliminary Injunction Hearing is set for 7/17/2019 at 02:00PM - 03:00PM in Portland Courtroom 16 before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (dls) Modified on 6/26/2019 (dls). (Entered: 06/26/2019) |
| 33 | Jun 26, 2019 | Request | ORDER: Granting Application for Special Admission Pro Hac Vice of Janette K. Brimmer for Columbia Riverkeeper. Application Fee in amount of $300 collected. Receipt No. 979-5902406 issued. Signed on 6/26/2019 by Magistrate Judge John V. Acosta. (ecp) (Entered: 06/27/2019) |
| 34 | Jun 26, 2019 | Request | ORDER: Granting Application for Special Admission Pro Hac Vice of Jennifer C. Chavez for Columbia Riverkeeper. Application Fee in amount of $300 collected. Receipt No. 0979-5902380. issued. Signed on 6/26/2019 by Magistrate Judge John V. Acosta. (ecp) (Entered: 06/27/2019) |
| 35 | Jun 26, 2019 | Request | Notification of CM/ECF Account for Jennifer C. Chavez (Pro Hac Vice admission). Your login is: jchavez. Go to the CM/ECF login page to set your password. (ecp) (Entered: 06/27/2019) |
| 36 | Jun 28, 2019 | Request | ORDER - Columbia Riverkeeper's Motion to Intervene 27 is DENIED. Columbia Riverkeeper's Motion for Leave to File Brief in Opposition to Plaintiff's Request for Preliminary Injunction 30 is DENIED. Columbia Riverkeeper may file a brief as an amicus curiae on the briefing schedule that has been set for Plaintiff's Amended Motion for Preliminary Injunction. Ordered by Chief Judge Michael W. Mosman. (pg) (Entered: 06/28/2019) |
| 37 | Jul 3, 2019 | Request | Response to Amended Motion for Preliminary Injunction 29 . Filed by All Defendants. (Doyle, Andrew) (Entered: 07/03/2019) |
| 38 | Jul 3, 2019 | View | Amicus Curiae Appearance entered by Janette K. Brimmer on behalf of Columbia Riverkeeper in Opposition to Plaintiffs Request for Preliminary Injunction. Filed by on behalf of Columbia Riverkeeper. (Attachments: # 1 Attachment Declaration of Lauren Goldberg in Support of Columbia Riverkeepers Interest as Amicus Curiae, # 2 Attachment Science Report) (Brimmer, Janette) (Entered: 07/03/2019) |
| 39 | Jul 3, 2019 | View | Notice of Appeal to the 9th Circuit from Order on motion to intervene,, Order on motion for Leave, 36 Filing fee $505 collected; Agency Tracking ID 0979-5914327: . Filed by Columbia Riverkeeper. (Attachments: # 1 Representation Statement) (Brimmer, Janette) (Entered: 07/03/2019) |
| Jul 8, 2019 | USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal 39 . Case Appealed to 9th Circuit Court of Appeals Case Number 19-35564 assigned. (jtj) (Entered: 07/08/2019) | ||
| 40 | Jul 8, 2019 | Request | Transcript Designation and Order Form Notice of No Transcript Ordered. Filed by Columbia Riverkeeper. (Brimmer, Janette) (Entered: 07/08/2019) |
| 41 | Jul 9, 2019 | Request | Unopposed Motion for Leave To File Consolidated Reply. Expedited Hearing requested. Filed by Oregon Cattlemen's Association. (Martin, Christina) (Entered: 07/09/2019) |
| 42 | Jul 9, 2019 | Request | ORDER: Plaintiff's Motion to File Consolidated Reply 41 is GRANTED. Ordered by Judge Michael W. Mosman. (dls) (Entered: 07/09/2019) |
| 43 | Jul 9, 2019 | Request | Scheduling Order by Judge Michael W. Mosman. Defendants may appear by telephone for the Preliminary Injunction Hearing set for 7/17/2019 at 02:00PM before Judge Michael W. Mosman. Defense counsel to call the court's conference line. Ordered by Judge Michael W. Mosman. (dls) (Entered: 07/09/2019) |
| 44 | Jul 10, 2019 | View | Unopposed Motion for Leave to File Supplemental Declarations. Expedited Hearing requested. Filed by Oregon Cattlemen's Association. (Attachments: # 1 Supplement Declaration of Curtis Martin, # 2 Supplement Declaration of Jerome Rosa) (Martin, Christina) (Entered: 07/10/2019) |
| 45 | Jul 10, 2019 | Request | ORDER: Plaintiff's Motion to File Supplemental Declarations 44 is GRANTED. Plaintiff shall file the Supplemental Declarations by 07/10/19. Ordered by Judge Michael W. Mosman. (dls) (Entered: 07/10/2019) |
| 46 | Jul 10, 2019 | View | Supplemental Declaration of Curtis Martin. Filed by Oregon Cattlemen's Association. (Related document(s): Motion for Preliminary Injunction 29 .) (Martin, Christina) (Entered: 07/10/2019) |
| 47 | Jul 10, 2019 | View | Supplemental Declaration of Jerome Rosa. Filed by Oregon Cattlemen's Association. (Related document(s): Motion for Preliminary Injunction 29 .) (Martin, Christina) (Entered: 07/10/2019) |
| 48 | Jul 10, 2019 | View | Supplemental Amicus Curiae Appearance entered by Janette K. Brimmer on behalf of Columbia Riverkeeper . Filed by on behalf of Columbia Riverkeeper. (Brimmer, Janette) (Entered: 07/10/2019) |
| 49 | Jul 10, 2019 | Request | Reply to Defendants Response and Response to Amicus Brief, In Support to Amended Motion for Preliminary Injunction 29 . Filed by Oregon Cattlemen's Association. (Martin, Christina) (Entered: 07/10/2019) |
| 50 | Jul 15, 2019 | View | Order from USCA for the 9th Circuit, USCA # 19-35564 re Notice of Appeal 39 . Appellant's emergency motion to expedite briefing and hearing (Docket Entry No. 2) is granted in part. The parties have agreed to the following briefing schedule: The opening brief and excerpts of record are due July 17, 2019; the answering briefs are due July 24, 2019; and the optional reply brief is due within 21 days after service of the answering briefs. The Clerk shall calendar this case during the week of November 4 in Portland, Oregon. (jtj) (Entered: 07/15/2019) |
| 51 | Jul 17, 2019 | Request | MINUTES of Proceedings: Motion Hearing Held. Order GRANTING Motion for a Preliminary Injunction 29 , as stated on the record. The parties to prepare the form of order and proposed case schedule within 7 days of the date of this order. Anthony L. Francois and Christina M. Martin present as counsel for plaintiff(s). Andrew Doyle and James Saul present as counsel for defendant(s).(Court Reporter Ryan White.)Judge Michael W. Mosman presiding. (dls) (Entered: 07/17/2019) |
| 52 | Jul 18, 2019 | Request | Transcript Designation and Order Form for the hearing held on 7/17/19 before Judge Mosman. Court Reporter: Bonita Shumway. . Filed by Oregon Cattlemen's Association. (Martin, Christina) (Entered: 07/18/2019) |
| 53 | Jul 19, 2019 | Request | Transcript Designation and Order Form for the hearing held on 7/17/2019 before Judge Michael W. Mosman. Court Reporter: Ryan White. Tape Number: ECF No. 51. . Filed by All Defendants. (Doyle, Andrew) (Entered: 07/19/2019) |
| 54 | Jul 23, 2019 | Request | OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Preliminary Injunction held on 7/17/19 before Judge Michael W. Mosman, Court Reporter Ryan White, telephone number 503-326-8184 or ryan_white@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/30/2019. Redaction Request due 8/13/2019. Redacted Transcript Deadline set for 8/23/2019. Release of Transcript Restriction set for 10/21/2019. (White, Ryan) (Entered: 07/23/2019) |
| 55 | Jul 24, 2019 | View | Proposed Order Granting Motion for Preliminary Injunction 29 . Filed by Oregon Cattlemen's Association. (Martin, Christina) Modified on 7/30/2019 as this document is a proposed order not a motion. (peg) (Entered: 07/24/2019) |
| 56 | Jul 24, 2019 | Request | Stipulated Motion Proposal for Initial Scheduling, Proposed Motion for Order . Filed by Oregon Cattlemen's Association. (Martin, Christina) (Entered: 07/24/2019) |
| 57 | Jul 25, 2019 | Request | ORDER by Judge Acosta - GRANTING in Part the parties' Stipulated Motion 56 for Initial Scheduling as follows: (1) STAYING all case management deadlines up to and including 10/8/19. (2) The parties shall file a Joint Status Report no later than 10/1/19. (peg) (Entered: 07/25/2019) |
| 58 | Jul 26, 2019 | View | ORDER - For the reasons stated on the record during the 7/17/19, oral argument, Plaintiff's Amended Motion for Preliminary Injunction 29 is GRANTED. The Rule jointly promulgated by the US EPA and the US Army Corps of Engineers, promulgated at 80 Fed. Reg. 37,054 (June 29, 2015), is hereby enjoined in the state of Oregon. DATED this 26th day of July, 2019, by Chief United States District Judge, Michael W. Mosman. (peg) (Entered: 07/30/2019) |
| 59 | Aug 20, 2019 | Request | Notice of Appearance of Stephanie J. Talbert appearing on behalf of R.D. James, United States Army Corps of Engineers, United States Environmental Protection Agency, Andrew Wheeler Filed by on behalf of R.D. James, United States Army Corps of Engineers, United States Environmental Protection Agency, Andrew Wheeler. (Talbert, Stephanie) (Entered: 08/20/2019) |
| 60 | Aug 26, 2019 | View | USCA Memorandum for the 9th Circuit, USCA #19-35564, re Notice of Appeal 39 . (Attachments: # 1 Post Judgment Form) (jtj) (Entered: 08/26/2019) |
| 61 | Aug 29, 2019 | Request | Notice of Attorney Withdrawal: Jennifer C. Chavez Filed by Columbia Riverkeeper. (Brimmer, Janette) (Entered: 08/29/2019) |
| 62 | Sep 3, 2019 | Request | Motion for Leave to Appear Pro Hac Vice for Attorney Anna M. Sewell . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5986159. Filed by Columbia Riverkeeper. (Saul, James) (Entered: 09/03/2019) |
| 63 | Sep 5, 2019 | Request | ORDER: Granting Application for Special Admission Pro Hac Vice of Anna M. Sewell for Columbia Riverkeeper. Application Fee in amount of $300 collected. Receipt No. 0979-5986159 issued. Signed on 9/5/2019 by Magistrate Judge John V. Acosta. (ecp) (Entered: 09/05/2019) |
| 64 | Sep 13, 2019 | Request | Notice of Final Rule Filed by R.D. James, United States Army Corps of Engineers, United States Environmental Protection Agency, Andrew Wheeler. (Talbert, Stephanie) (Entered: 09/13/2019) |
| 65 | Sep 13, 2019 | View | Notice of Appeal to the 9th Circuit Filing fee $505 collected; Agency Tracking ID: 0979-6000898. Filed by Columbia Riverkeeper. (Attachments: # 1 Representation Statement) (Brimmer, Janette) (Entered: 09/13/2019) |
| 66 | Sep 13, 2019 | Request | Notice of Attorney Substitution:Attorney Sonya J. Shea is substituted as counsel of record in place of Attorney Andrew J. Doyle Filed by All Defendants. (Shea, Sonya) (Entered: 09/13/2019) |
| Sep 16, 2019 | USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal - Preliminary Injunction 65 . Case Appealed to 9th Circuit Court of Appeals Case Number 19-35792 assigned. (jtj) (Entered: 09/16/2019) | ||
| 67 | Sep 23, 2019 | Request | Transcript Designation and Order Form - Notice of No Transcript Ordered. Filed by Columbia Riverkeeper. (Brimmer, Janette) (Entered: 09/23/2019) |
| 68 | Oct 1, 2019 | View | Joint Status Report . Filed by R.D. James, United States Army Corps of Engineers, United States Environmental Protection Agency, Andrew Wheeler. (Talbert, Stephanie) (Entered: 10/01/2019) |
| 69 | Oct 4, 2019 | Request | SCHEDULING ORDER by Judge Acosta - The court acknowledges receipt of the parties' Joint Status Report 68 , filed on 10/1/19, and accepts their proposal contained in paragraph of the report. Accordingly, the STAY of this matter remains in effect and shall continue until 75 days after publication of the Repeal Rule. The Parties are to submit a joint status report at the conclusion of the stay that includes a recommendation on whether and what further proceedings are necessary. (peg) (Entered: 10/04/2019) |
| 70 | Oct 9, 2019 | Request | Order from USCA for the 9th Circuit, USCA # 19-35792 re Notice of Appeal - Preliminary Injunction 65 .Appellants emergency motion to stay appellate proceedings and for modification of the briefing schedule (Docket Entry No. 9) is granted. The previously established briefing schedule is vacated. This appeal is stayed until December 11, 2019. Within 7 days after expiration of the stay, appellant shall submit: (1) a motion for voluntary dismissal under Federal Rule of Appellate Procedure 42(b); or (2) a status report concerning the district court proceedings and proposed briefing schedule for this appeal. (sss) (Entered: 10/09/2019) |
| 71 | Oct 17, 2019 | Request | MANDATE Issued regarding ( 60 USCA Memorandum for the 9th Circuit, USCA #19-35564, re Notice of Appeal 39 . The decision of the District Court is: REVERSED and REMANDED with instructions. (Attachments: # 1 Post Judgment Form)). (jtj) (Entered: 10/17/2019) |
| 72 | Nov 7, 2019 | Request | Notice of Change of Address. Filed by Columbia Riverkeeper. (Brimmer, Janette) (Entered: 11/07/2019) |
| 73 | Dec 20, 2019 | Request | Notice of Attorney Withdrawal: Stephanie J. Talbert Filed by R.D. James, United States Army Corps of Engineers, United States Environmental Protection Agency, Andrew Wheeler. (Talbert, Stephanie) (Entered: 12/20/2019) |
| 74 | Dec 31, 2019 | Request | Notice of Appearance of Hubert T. Lee appearing on behalf of R.D. James, United States Army Corps of Engineers, United States Environmental Protection Agency, Andrew Wheeler Filed by on behalf of R.D. James, United States Army Corps of Engineers, United States Environmental Protection Agency, Andrew Wheeler. (Lee, Hubert) (Entered: 12/31/2019) |
| 75 | Jan 6, 2020 | View | Joint Status Report re: October 4, 2019 Scheduling Order 69 . Filed by All Defendants. (Lee, Hubert) (Entered: 01/06/2020) |
| 76 | Jan 6, 2020 | Request | Scheduling Order by Judge Acosta - The parties are to file an additional joint status report advising the status of the publication of Repeal Rule by 1/16/2020. (pjg) (Entered: 01/06/2020) |
| 77 | Jan 6, 2020 | Request | ORDER by Judge Acosta The court has received and reviewed the parties' joint status report (ECF No. 75 ). It is hereby ORDERED that: 1) the stay previously entered in this case (ECF No. 57 , extended by ECF No. 69 in this case is continued for 60 days or until the rule replacing the Repeal Rule is published in the Federal Register, whichever is sooner. 2.a) the parties shall submit a joint status report at the conclusion of the 60-day time period or, if the rule replacing the Repeal Rule is published in the Federal Register, any Party may file a notice of publication of the replacement rule with the Court, the filing of which would end the stay immediately. 2.b) in that case, the parties shall submit a joint status report no later than 14 days from the date the rule replacing the Repeal Rule is published in the Federal Register, which status report shall include the parties recommendation on whether and what further proceedings are necessary in this case. The 1/16/2020 status report deadline pursuant to order 76 is stricken. (pjg) (Entered: 01/06/2020) |
| 78 | Feb 20, 2020 | Request | Notice of Change of Address. Filed by All Defendants. (Shea, Sonya) (Entered: 02/20/2020) |
| 79 | Feb 24, 2020 | Request | Notice of Change of Address. Filed by Columbia Riverkeeper. (Sewell, Anna) (Entered: 02/24/2020) |
| 80 | Feb 27, 2020 | View | Order of USCA for the 9th Circuit, USCA # 19-35792, re Notice of Appeal - Preliminary Injunction 65 . Appellant's motion to dismiss this appeal as moot (Docket Entry No. 16 ) is granted. See United States v. Tanoue, 94 F.3d 1342, 1344 (9th Cir. 1996) ("[A]n appeal must be dismissed as moot if an event occurs while the appeal is pending that makes it impossible for the appellate court to grant any effective relief whatever to the prevailing party." (internal quotation marks and citations omitted)). We remand to the district court with instructions to vacate the July 26, 2019 preliminary injunction. See United States v. Munsingwear, Inc., 340 U.S. 36, 39 (1950). DISMISSED. (jtj) (Entered: 02/27/2020) |
| 81 | Mar 2, 2020 | View | OPINION AND ORDER: In accordance with the Ninth Circuit's recent order in this case (ECF 80 ), the preliminary injunction I ordered on July 26, 2019, (ECF 58 ) is VACATED. IT IS SO ORDERED. DATED this 2nd day of March, 2020 by United States District Judge Michael W. Mosman. (pjg) (Entered: 03/03/2020) |
| 82 | Mar 5, 2020 | Request | SCHEDULING ORDER by Judge Acosta - SETTING a Telephone Status Conference for Wednesday, March 11, 2020 at 10:30 AM. The Court's conference call-in number will be provided under separate entry. (pjg) (Entered: 03/05/2020) |
| 83 | Mar 6, 2020 | Request | Joint Status Report by R.D. James, United States Army Corps of Engineers, United States Environmental Protection Agency, Andrew Wheeler. Filed by R.D. James, United States Army Corps of Engineers, United States Environmental Protection Agency, Andrew Wheeler. (Lee, Hubert) (Entered: 03/06/2020) |
| 84 | Mar 6, 2020 | Request | ORDER by Judge Acosta: The Court has received and reviewed the parties' joint status report (ECF No. 83 ). It is hereby ORDERED that: 1) the stay previously entered in this case (ECF No. 57 , extended by ECF No. 69 and 77 ) is continued for 60 days or until the rule replacing the Repeal Rule is published in the Federal Register, whichever is sooner. 2.a) the parties shall submit a joint status report on 5/6/2020 or, if the rule replacing the Repeal Rule is published in the Federal Register, any party may file a notice of publication of the replacement rule with the Court, the filing of which would end the stay immediately. 2.b) in that case, the parties shall submit a joint status report no later than 14 days from the date the rule replacing the Repeal Rule is published in the Federal Register, which status report shall include the parties' recommendation on whether and what further proceedings are necessary in this case. (3) The 3/11/2020 Telephone Status Conference is STRICKEN. (pjg) (Entered: 03/06/2020) |
| 85 | Apr 20, 2020 | Request | MANDATE Issued regarding ( 80 Order of USCA for the 9th Circuit, USCA # 19-35792, re Notice of Appeal - Preliminary Injunction 65 . This appeal is DISMISSED ). (jtj) (Entered: 04/20/2020) |
| 86 | Apr 21, 2020 | Request | Notice of Final Rule Filed by All Defendants. (Shea, Sonya) (Entered: 04/21/2020) |
| 87 | Apr 22, 2020 | Request | SCHEDULING ORDER - Due to the filing of the Notice of Final Rule 86 , the STAY is lifted. Parties are directed to file a Joint Status Report on or before 5/5/2020 which includes a recommendation on whether and what further proceedings are necessary. Ordered by Magistrate Judge John V. Acosta. (pjg) (Entered: 04/22/2020) |
| 88 | May 1, 2020 | Request | Unopposed Motion for Leave to File First Supplemental Complaint. Filed by Oregon Cattlemen's Association. (Attachments: # 1 Proposed Document First Supplemental Complaint, # 2 Proposed Order) (Martin, Christina) (Entered: 05/01/2020) |
| 89 | May 1, 2020 | Request | ORDER by Judge Acosta - GRANTING Unopposed Motion for Leave to File First Supplemental Complaint 88 . First Supplemental Complaint is to be filed by 5/8/2020; responses due within 60 days from the filing of the First Supplement Complaint. (pjg) (Entered: 05/01/2020) |
| 90 | May 1, 2020 | View | First Supplemental Complaint. Jury Trial Requested: No. Filed by Oregon Cattlemen's Association against R.D. James, United States Army Corps of Engineers, United States Environmental Protection Agency, Andrew Wheeler. (Martin, Christina) (Entered: 05/01/2020) |
| 91 | May 4, 2020 | Request | Plaintiff's Notice of Attorney Withdrawal: Mollie R. Williams Filed by Oregon Cattlemen's Association. (Martin, Christina) (Entered: 05/04/2020) |
| 92 | May 5, 2020 | Request | Joint Status Report . Filed by Oregon Cattlemen's Association. (Martin, Christina) (Entered: 05/05/2020) |
| 93 | May 6, 2020 | Request | ORDER by Judge Acosta: 1) Columbia Riverkeeper's Motion (ECF No. 60 ) to Intervene is GRANTED; 2) the parties shall submit proposed case management deadlines 14 days from the date Federal Defendants and Columbia Riverkeeper file their responses to the First Supplemental Complaint (ECF No. 90 ); 3) Claims One through Eight of Plaintiff's First Supplemental Complaint are STAYED until after the Court resolves the merits of Plaintiff's Ninth through Sixteenth Claims, or until another federal court enters an order with the effect of reinstating the 2015 regulations in Oregon; and 4) whichever of the two contingencies described in 3) occurs first, the Court then will set a status conference to address scheduling and any necessary procedural matters for the resolution of Claims One through Eight. (pjg) (Entered: 05/06/2020) |
| 94 | May 6, 2020 | Request | CORRECTED ORDER 93 by Judge Acosta: 1) Columbia Riverkeeper's Motion (ECF No. 27 ) to Intervene is GRANTED; 2) the parties shall submit proposed case management deadlines 14 days from the date Federal Defendants and Columbia Riverkeeper file their responses to the First Supplemental Complaint (ECF No. 90 ); 3) Claims One through Eight of Plaintiff's First Supplemental Complaint are STAYED until after the Court resolves the merits of Plaintiff's Ninth through Sixteenth Claims, or until another federal court enters an order with the effect of reinstating the 2015 regulations in Oregon; and 4) whichever of the two contingencies described in 3) occurs first, the Court then will set a status conference to address scheduling and any necessary procedural matters for the resolution of Claims One through Eight. (pjg) (Entered: 05/06/2020) |
| 95 | Jun 3, 2020 | View | Stipulated Motion for Preliminary Injunction Briefing. Filed by Oregon Cattlemen's Association. (Martin, Christina) (Entered: 06/03/2020) |
| 96 | Jun 3, 2020 | Request | ORDER by Judge Acosta: Based upon the foregoing, and good cause appearing, the Parties' Joint Motion 95 on Preliminary Injunction Briefing is granted. Plaintiff will file its motion for preliminary injunction on or before June 8, 2020. Federal Defendants will file their response on or before June 29, 2020. Columbia Riverkeeper will file its response on or before July 6, 2020. Plaintiff will file any reply on or before July 20, 2020 (pjg) . (Entered: 06/03/2020) |
| 97 | Jun 8, 2020 | View | Second Motion for Preliminary Injunction . Oral Argument requested.Expedited Hearing requested. Filed by Oregon Cattlemen's Association. (Attachments: # 1 Declaration of Anthony L. Francois, # 2 Exhibit A to Declaration of Anthony L. Francois, # 3 Exhibit B to Declaration of Anthony L. Francois, # 4 Third Declaration of Jerome Rosa) (Martin, Christina) (Entered: 06/08/2020) |
| 98 | Jun 29, 2020 | View | Response in Opposition to Second Motion for Preliminary Injunction 97 . Filed by R.D. James, United States Army Corps of Engineers, United States Environmental Protection Agency, Andrew Wheeler. (Lee, Hubert) (Entered: 06/29/2020) |
| 99 | Jun 30, 2020 | Request | Answer to Complaint . Filed by Columbia Riverkeeper. (Sewell, Anna) (Entered: 06/30/2020) |
| 100 | Jun 30, 2020 | Request | Answer to First Supplemental Complaint 90 . Filed by United States Army Corps of Engineers, Andrew Wheeler, United States Environmental Protection Agency, R.D. James. (Lee, Hubert) Modified on 7/1/2020 to add link to related entry (sb). (Entered: 06/30/2020) |
| 101 | Jul 6, 2020 | View | Response in Opposition to Second Motion for Preliminary Injunction 97 . Filed by Columbia Riverkeeper. (Sewell, Anna) (Entered: 07/06/2020) |
| 102 | Jul 13, 2020 | Request | Stipulated Motion to Continue Deadline to File Proposed Case Management Schedule. Filed by R.D. James, United States Army Corps of Engineers, United States Environmental Protection Agency, Andrew Wheeler. (Lee, Hubert) (Entered: 07/13/2020) |
| 103 | Jul 13, 2020 | Request | ORDER by Judge Acosta: The parties' stipulated motion to continue the deadline for the parties to file their proposed case management deadline schedule 102 is GRANTED. The parties shall file their proposed case management deadline schedule no later than 7 days from the date this Court rules on plaintiff's second motion for preliminary injunction 97 . (pjg) (Entered: 07/13/2020) |
| 104 | Jul 20, 2020 | View | Reply to Responses in Opposition to Second Motion for Preliminary Injunction 97 . Filed by Oregon Cattlemen's Association. (Martin, Christina) (Entered: 07/20/2020) |
| 105 | Jul 28, 2020 | Request | Scheduling Order by Judge Michael W. Mosman. Preliminary Injunction Hearing is set for 8/6/2020 at 02:00PM 03:00PM in Portland by videoconference before Magistrate Judge John V. Acosta, regarding Second Motion for Preliminary Injunction 97 . Ordered by Judge Michael W. Mosman. (dls) (Entered: 07/28/2020) |
| 106 | Jul 28, 2020 | Request | Amended Scheduling Order by Judge Michael W. Mosman. Preliminary Injunction Hearing is set for 8/6/2020 at 02:00PM - 03:00PM in Portland by videoconference before Judge Michael W. Mosman, regarding Second Motion for Preliminary Injunction 97 . Ordered by Judge Michael W. Mosman. (dls) Modified on 7/28/2020 (dls). (Entered: 07/28/2020) |
| 107 | Aug 4, 2020 | Request | Notice of Appearance of Jonathan Brightbill appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Brightbill, Jonathan) (Entered: 08/04/2020) |
| 108 | Aug 7, 2020 | Request | MINUTES of Proceedings: Video Oral Argument held on Plaintiffs Second Motion for Preliminary Injunction 97 . As stated on the record, Plaintiffs Motion is DENIED without prejudice due to lack of standing. Anthony Francois, Daniel Ortner, Christina Martin present as counsel for plaintiff(s). Jonathan Brightbill, Anna Sewell, Janette Brimmer present as counsel for defendant(s).(Court Reporter Bonita Shumway.)Judge Michael W. Mosman presiding. (kms) (Entered: 08/07/2020) |
| 109 | Sep 14, 2020 | Request | Transcript Designation and Order Form for the hearing held on 08/06/2020 before Judge Judge Mosman. Court Reporter: Bonita Shumway. . Filed by Oregon Cattlemen's Association. (Francois, Anthony) (Entered: 09/14/2020) |
| 110 | Oct 27, 2020 | Request | OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Preliminary Injunction Hearing (By Videoconference) held on 8/6/2020 before Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/3/2020. Redaction Request due 11/17/2020. Redacted Transcript Deadline set for 11/30/2020. Release of Transcript Restriction set for 1/25/2021. (Shumway, Bonita) (Entered: 10/27/2020) |
| 111 | Jan 21, 2021 | Request | Notice of Attorney Withdrawal: Jonathan Brightbill Filed by All Defendants. (Shea, Sonya) (Entered: 01/21/2021) |
| 112 | Jan 22, 2021 | Request | Scheduling Order by Judge Acosta: Telephone Status Conference is SET for Tuesday, February 2, 2021 at 11:30 AM in Portland before Magistrate Judge John V. Acosta. The Court's teleconference information shall be provided to the parties by separate sealed entry. (pjg) (Entered: 01/22/2021) |
| 113 | Feb 2, 2021 | Request | MINUTES of Proceedings: Telephone Status Conference held on 2/2/2021 with Magistrate Judge John V. Acosta presiding. ORDER: Case is STAYED for 120 days (through 6/2/2021). Plaintiff to file Status Reports no later than 3/1/2021 and 5/28/2021 as discussed. Anthony Francois, Daniel Ortner, Christina Martin, Ethan Blevins present by telephone as counsel for plaintiff. Hubert Lee, Sonya Shea present by telephone as counsel for defendants. Anna Sewell present by telephone as counsel for Intervenor Defendant Columbia Riverkeeper. Court Reporter: none. (pjg) (Entered: 02/02/2021) |
| 114 | Feb 26, 2021 | Request | Status Report by Oregon Cattlemen's Association. Filed by Oregon Cattlemen's Association. (Martin, Christina) (Entered: 02/26/2021) |
| 115 | May 26, 2021 | Request | Stipulated Motion to Continue Stay Until July 1; Joint Status Report. Filed by R.D. James, United States Army Corps of Engineers, United States Environmental Protection Agency, Andrew Wheeler. (Lee, Hubert) (Entered: 05/26/2021) |
| 116 | May 26, 2021 | Request | STIPULATED ORDER: Based upon the foregoing, and good cause appearing, the Parties' Stipulated Motion to continue the stay in this proceeding is granted. The proceeding shall be further stayed until July 1, 2021. IT IS SO ORDERED. Dated: May 26, 2021, by United States Magistrate Judge John V. Acosta. (pjg) (Entered: 05/26/2021) |
| 117 | Jul 1, 2021 | Request | Stipulated Motion to Continue Stay until October 1, 2021. Filed by R.D. James, United States Army Corps of Engineers, United States Environmental Protection Agency, Andrew Wheeler. (Lee, Hubert) (Entered: 07/01/2021) |
| 118 | Jul 1, 2021 | Request | ORDER by Judge Acosta: GRANTING Motion to Continue 117 . The STAY is continued until 10/1/2021. Parties are directed to file a joint status report no later than 10/1/2021. (pjg) (Entered: 07/01/2021) |
| 119 | Aug 30, 2021 | Request | Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Charles Timothy Yates. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8212782. Filed by Oregon Cattlemen's Association. (Attachments: # 1 Attachment Attorney CYates List of Court Admissions List) (Yates, Charles) (Entered: 08/30/2021) |
| Aug 30, 2021 | Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Charles Timothy Yates. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8212782 119 : Reviewed and Ready for Ruling. (ecp) (Entered: 08/30/2021) | ||
| 120 | Aug 31, 2021 | Request | ORDER: Granting Motion for Leave to Appear Pro Hac Vice 119 filed by Attorney Charles Timothy Yates. Ordered by Magistrate Judge John V. Acosta. (pjg) (Entered: 08/31/2021) |
| 121 | Sep 1, 2021 | Request | Notice of Appearance of Charles Timothy Yates appearing on behalf of Oregon Cattlemen's Association. Filed by Oregon Cattlemen's Association. (Yates, Charles) (Entered: 09/01/2021) |
| 122 | Sep 1, 2021 | Request | Plaintiff's Notice of Attorney Withdrawal: Anthony L. Francois Filed by Oregon Cattlemen's Association. (Martin, Christina) (Entered: 09/01/2021) |
| 123 | Sep 22, 2021 | Request | Stipulated Motion to Continue Stay Until April 22, 2022. Filed by R.D. James, United States Army Corps of Engineers, United States Environmental Protection Agency, Andrew Wheeler. (Lee, Hubert) (Entered: 09/22/2021) |
| 124 | Sep 22, 2021 | Request | ORDER: Based upon the foregoing, and good cause appearing, the Parties' Stipulated Motion tocontinue the stay in this proceeding is granted. It is ORDERED that the above-captioned proceeding be stayed until April 1, 2022. It is further ORDERED that the Parties file a joint status report and proposal(s) to further govern proceedings by no later than April 1, 2022. IT IS SO ORDERED. Dated: September 22, 2021, by United States Magistrate Judge John V. Acosta. (pjg) (Entered: 09/22/2021) |
| 125 | Mar 23, 2022 | Request | Notice of Case Reassignment: This case has been reassigned from Magistrate Judge John V. Acosta to Magistrate Judge Jeffrey J. Armistead. (cw) (Entered: 03/23/2022) |
| 126 | Mar 25, 2022 | Request | Stipulated Motion to Continue Stay/Joint Status Report. Filed by R.D. James, United States Army Corps of Engineers, United States Environmental Protection Agency, Andrew Wheeler. (Lee, Hubert) (Entered: 03/25/2022) |
| 127 | Mar 25, 2022 | Request | ORDER: GRANTING Stipulated Motion to Further Extend Stay 126 . Based upon the foregoing, and good cause appearing, it is ORDERED that the above-captioned proceeding remain in abeyance pending either issuance by the Agencies of a final rule regarding the definition of "waters of the United States" within the meaning of the Clean Water Act, 33 U.S.C. ? 1362(7), or a determination by the Agencies that they will no longer proceed with the rulemaking. It is further ORDERED that the Parties shall file a proposal or proposals for further proceedings within 21 days after either of the above events occur. It is further ORDERED that the Agencies will file a status report every six monthsbeginning from the date of this Court's order granting this proposal to govern proceedings. IT IS SO ORDERED. Dated: March 25, 2022, by United States by Magistrate Judge Jeffrey J. Armistead. (pjg) (Entered: 03/25/2022) |