HUMANE SOCIETY OF THE UNITED STATES et al v. SALAZAR et al
| HUMANE SOCIETY OF THE UNITED STATES, BORN FREE USA, HELP OUR WOLVES LIVE and FRIENDS OF ANIMALS AND THEIR ENVIRONMENT |
| KENNETH LEE SALAZAR, U.S. DEPARTMENT OF INTERIOR, FISH AND WILDLIFE SERVICE, SALLY JEWELL and S. M. R. JEWELL |
| STATE OF WISCONSIN, WISCONSIN DEPARTMENT OF NATURAL RESOURCES, STATE OF MICHIGAN, MICHIGAN DEPARTMENT OF NATURAL RESOURCES, SAFARI CLUB INTERNATIONAL, NATIONAL RIFLE ASSOCIATION OF AMERICA, U.S. SPORTSMEN'S ALLIANCE FOUNDATION, WISCONSIN BEAR HUNTERS ASSOCIATION, MICHIGAN UNITED CONSERVATION CLUBS, WISCONSIN BOWHUNTERS ASSOCIATION, UPPER PENINSULA BEAR HOUNDSMEN ASSOCIATION, MICHIGAN HUNTING DOG FEDERATION and ROCKY MOUNTAIN ELK FOUNDATION |
| ASSOCIATION OF FISH AND WILDLIFE AGENCIES and MINNESOTA DEPARTMENT OF NATURAL RESOURCES |
| 1:2013cv00186 |
| February 12, 2013 |
| US District Court for the District of Columbia |
| Washington, DC Office |
| 11001 |
| Beryl A Howell |
| Environmental Matters |
| 16 U.S.C. § 1540 |
| None |
Docket Report
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MINUTE ORDER (paperless) GRANTING the plaintiffs' and federal defendants' #67 Second Joint Motion for Extension of Time to File Motion for Attorneys' Fees and Costs. Accordingly, the plaintiffs shall, by December 20, 2017, file any motion for attorneys' fees and costs. Signed by Chief Judge Beryl A. Howell on November 17, 2017. (lcbah2)
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| Set/Reset Deadlines: Plaintiffs' motion for attorneys' fees and costs due by 12/20/2017. (tg) |
| Filing 67 Joint MOTION for Extension of Time to File Second Joint Motion for Extension of Time to File Motion for Attorney Fees and Costs by BORN FREE USA, FRIENDS OF ANIMALS AND THEIR ENVIRONMENT, HELP OUR WOLVES LIVE, HUMANE SOCIETY OF THE UNITED STATES (Wagman, Bruce) |
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MINUTE ORDER (paperless) GRANTING the plaintiffs' and federal defendants' #66 Joint Motion for Extension of Time to File Motion for Attorneys Fees and Costs. Accordingly, the plaintiffs shall, by November 22, 2017, file any motion for attorneys fees and costs. Signed by Chief Judge Beryl A. Howell on October 24, 2017.(lcbah2)
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| Set/Reset Deadlines: Motion for attorneys fees and costs due by 11/22/2017. (tg) |
| Filing 66 Joint MOTION for Extension of Time to FILE MOTION FOR ATTORNEY FEES AND COSTS by BORN FREE USA, FRIENDS OF ANIMALS AND THEIR ENVIRONMENT, HELP OUR WOLVES LIVE, HUMANE SOCIETY OF THE UNITED STATES (Attachments: #1 Text of Proposed Order Proposed Order)(Wagman, Bruce) |
| Filing 65 MANDATE of USCA as to #58 Notice of Appeal to DC Circuit Court, filed by S. M. R. JEWELL, U.S. DEPARTMENT OF INTERIOR, FISH AND WILDLIFE SERVICE, #61 Notice of Appeal to DC Circuit Court, filed by STATE OF WISCONSIN, WISCONSIN DEPARTMENT OF NATURAL RESOURCES, #63 Notice of Appeal to DC Circuit Court, filed by MICHIGAN DEPARTMENT OF NATURAL RESOURCES, STATE OF MICHIGAN, #57 Notice of Appeal to DC Circuit Court,, filed by ROCKY MOUNTAIN ELK FOUNDATION, MICHIGAN UNITED CONSERVATION CLUBS, SAFARI CLUB INTERNATIONAL, MICHIGAN HUNTING DOG FEDERATION, WISCONSIN BOWHUNTERS ASSOCIATION, NATIONAL RIFLE ASSOCIATION OF AMERICA, UPPER PENINSULA BEAR HOUNDSMEN ASSOCIATION, WISCONSIN BEAR HUNTERS ASSOCIATION, U.S. SPORTSMEN'S ALLIANCE FOUNDATION ; USCA Case Number 15-5041, 15-5043, 15-5060, 15-5061. (Attachments: #1 USCA Judgment)(td) |
| USCA Case Number 15-5061 for #63 Notice of Appeal to DC Circuit Court, filed by MICHIGAN DEPARTMENT OF NATURAL RESOURCES, STATE OF MICHIGAN. (rd) |
| USCA Case Number 15-5060 for #61 Notice of Appeal to DC Circuit Court, filed by STATE OF WISCONSIN, WISCONSIN DEPARTMENT OF NATURAL RESOURCES. (rd) |
| Filing 64 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re #63 Notice of Appeal to DC Circuit Court. (rdj) |
| Filing 63 NOTICE OF APPEAL TO DC CIRCUIT COURT as to #52 Memorandum & Opinion, #53 Order on Motion for Summary Judgment,,,,,,,,,,, by MICHIGAN DEPARTMENT OF NATURAL RESOURCES, STATE OF MICHIGAN. Filing fee $ 505, receipt number 0090-4006587. Fee Status: Fee Paid. Parties have been notified. (Gambill, Nathan) |
| Filing 62 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re #61 Notice of Appeal to DC Circuit Court. (rdj) |
| Filing 61 NOTICE OF APPEAL TO DC CIRCUIT COURT as to #52 Memorandum & Opinion, #53 Order on Motion for Summary Judgment,,,,,,,,,,, by STATE OF WISCONSIN, WISCONSIN DEPARTMENT OF NATURAL RESOURCES. Filing fee $ 505, receipt number 0090-4005564. Fee Status: Fee Paid. Parties have been notified. (Dawson, Thomas) |
| USCA Case Number 15-5043 for #58 Notice of Appeal to DC Circuit Court, filed by U.S. DEPARTMENT OF INTERIOR, SALLY JEWELL, FISH AND WILDLIFE SERVICE. (rd) |
| USCA Case Number 15-5041 for #57 Notice of Appeal to DC Circuit Court,, filed by ROCKY MOUNTAIN ELK FOUNDATION, MICHIGAN UNITED CONSERVATION CLUBS, SAFARI CLUB INTERNATIONAL, MICHIGAN HUNTING DOG FEDERATION, WISCONSIN BOWHUNTERS ASSOCIATION, NATIONAL RIFLE ASSOCIATION OF AMERICA, UPPER PENINSULA BEAR HOUNDSMEN ASSOCIATION, WISCONSIN BEAR HUNTERS ASSOCIATION, U.S. SPORTSMEN'S ALLIANCE FOUNDATION. (rd) |
| Filing 60 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the fee was an Appeal by the Government re #58 Notice of Appeal to DC Circuit Court. (znmw, ) |
| Filing 59 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re #57 Notice of Appeal to DC Circuit Court. (znmw, ) |
| Filing 58 NOTICE OF APPEAL TO DC CIRCUIT COURT as to #52 Memorandum & Opinion, #53 Order on Motion for Summary Judgment,,,,,,,,,,, by U.S. DEPARTMENT OF INTERIOR, SALLY JEWELL, FISH AND WILDLIFE SERVICE. Fee Status: No Fee Paid. Parties have been notified. (Attachments: #1 ECF 52 - Order, #2 ECF 53 - Opinion)(Gelatt, Andrea) |
| Filing 57 NOTICE OF APPEAL TO DC CIRCUIT COURT as to #52 Memorandum & Opinion, #53 Order on Motion for Summary Judgment,,,,,,,,,,, by MICHIGAN HUNTING DOG FEDERATION, MICHIGAN UNITED CONSERVATION CLUBS, NATIONAL RIFLE ASSOCIATION OF AMERICA, ROCKY MOUNTAIN ELK FOUNDATION, SAFARI CLUB INTERNATIONAL, U.S. SPORTSMEN'S ALLIANCE FOUNDATION, UPPER PENINSULA BEAR HOUNDSMEN ASSOCIATION, WISCONSIN BEAR HUNTERS ASSOCIATION, WISCONSIN BOWHUNTERS ASSOCIATION. Filing fee $ 505, receipt number 0090-3993213. Fee Status: Fee Paid. Parties have been notified. (Lister, James) |
| Filing 56 NOTICE of Appearance by Kathryn Iverson Landrum on behalf of MINNESOTA DEPARTMENT OF NATURAL RESOURCES (Landrum, Kathryn) Modified on 1/27/2015 (rdj). |
| Filing 55 MOTION for Extension of Time by BORN FREE USA, FRIENDS OF ANIMALS AND THEIR ENVIRONMENT, HELP OUR WOLVES LIVE, HUMANE SOCIETY OF THE UNITED STATES (Attachments: #1 Text of Proposed Order)(rdj) |
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MINUTE ORDER (paperless) GRANTING the plaintiffs' #54 Motion for Extension of Time to File Rule 54(d) Motion Relating to Attorney Fees and Costs. The plaintiffs' Motion for Extension of Time to File Motion for Attorney Fees and Costs, docketed at ECF No. 54-1, is deemed timely filed. Moreover, the District Court for the District of Columbia was closed by order of the Chief Judge on January 2, 2015, the last day for filing such a motion pursuant to Federal Rule of Civil Procedure 54(d)(2)(B). Thus, the plaintiffs' #54 Motion was timely filed on January 5, 2015, since the last day for filing under Rule 54(d)(2)(B) was a day on which the Court "clerk's office [was] inaccessible." See Fed. R. Civ. P. 6(a)(3)(A). Signed by Judge Beryl A. Howell on January 6, 2015. (lcbah1)
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MINUTE ORDER (paperless) GRANTING the plaintiffs' #55 Motion for Extension of Time to File Motion for Attorney Fees and Costs. The plaintiffs shall file any motion for attorneys' fees and costs no later than thirty days following the deadline for appeal in this matter, or, if an appeal is noticed, thirty days following the final disposition of such appeal. Signed by Judge Beryl A. Howell on January 6, 2015. (lcbah1)
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| Filing 54 MOTION for Extension of Time to File Motion Relating to Attorney Fees and Costs by BORN FREE USA, FRIENDS OF ANIMALS AND THEIR ENVIRONMENT, HELP OUR WOLVES LIVE, HUMANE SOCIETY OF THE UNITED STATES (Attachments: #1 Attachment #1 - Motion for Extension of Time to File Rule 54(d) Motion, #2 Attachment #2 - (Proposed) Order Granting Plaintiffs' Motion for Extension of Time to File Rule 54(d) Motion)(Wagman, Bruce) |
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Filing 53
ORDER GRANTING the plaintiffs' #24 Motion for Summary Judgment; DENYING the defendants' #27 Motion for Summary Judgment and defendant-intervenor Hunter Conservation Coalition's #33 Motion for Summary Judgment; VACATING and SETTING ASIDE the Final Rule "Revising the Listing of the Gray Wolf (Canis lupus) in the Western Great Lakes (the "Final Rule"), 76 Fed. Reg. 81,666 (Dec. 28, 2011); and REINSTATING the rule regarding Reclassification of the Gray Wolf in the United States and Mexico, with Determination of Critical Habitat in Michigan and Minnesota, 43 Fed. Reg. 9607 (Mar. 9, 1978), to govern management of gray wolves in the nine states affected by the vacated Final Rule. See Order for further details. The Clerk is directed to close this case. Signed by Judge Beryl A. Howell on December 19, 2014. (lcbah1)
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| Filing 52 MEMORANDUM OPINION regarding the plaintiffs' #24 Motion for Summary Judgment; the defendants' #27 Cross-Motion for Summary Judgment; and defendant-intervenor Hunter Conservation Coalition's #33 Cross-Motion for Summary Judgment. Signed by Judge Beryl A. Howell on December 19, 2014. (lcbah1) |
| Filing 51 RESPONSE TO ORDER OF THE COURT re Order Staying Case,,,, filed by BORN FREE USA, FRIENDS OF ANIMALS AND THEIR ENVIRONMENT, HELP OUR WOLVES LIVE, HUMANE SOCIETY OF THE UNITED STATES. (Wagman, Bruce) |
| Filing 50 MEMORANDUM by WISCONSIN DEPARTMENT OF NATURAL RESOURCES. (Hirsch, Cynthia) |
| Filing 49 RESPONSE TO ORDER OF THE COURT re Order Staying Case,,,, HUNTER CONSERVATION COALITION'S VIEW ON WHETHER TO BIFURCATE LIABILITY AND REMEDY filed by MICHIGAN HUNTING DOG FEDERATION, MICHIGAN UNITED CONSERVATION CLUBS, NATIONAL RIFLE ASSOCIATION OF AMERICA, ROCKY MOUNTAIN ELK FOUNDATION, SAFARI CLUB INTERNATIONAL, U.S. SPORTSMEN'S ALLIANCE FOUNDATION, UPPER PENINSULA BEAR HOUNDSMEN ASSOCIATION, WISCONSIN BEAR HUNTERS ASSOCIATION, WISCONSIN BOWHUNTERS ASSOCIATION. (Lister, James) |
| Filing 48 MEMORANDUM re Order Staying Case,,,, by MICHIGAN DEPARTMENT OF NATURAL RESOURCES, STATE OF MICHIGAN. (Gambill, Nathan) |
| Filing 47 NOTICE of Appearance by Nathan Arthur Gambill on behalf of MICHIGAN DEPARTMENT OF NATURAL RESOURCES, STATE OF MICHIGAN (Gambill, Nathan) |
| Filing 46 MEMORANDUM re Order Staying Case,,,, by FISH AND WILDLIFE SERVICE, SALLY JEWELL, U.S. DEPARTMENT OF INTERIOR. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gelatt, Andrea) |
| Set/Reset Deadlines: Submission of parties positions on Defendant Intervenor HCC's request for bifurcating consideration of the merits of the plaintiffs' claim from consideration of any remedy due by 10/3/2014 (tg, ) |
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MINUTE ORDER (paperless) STAYING this matter until October 3, 2014 and DIRECTING the parties to submit their positions, if any, on whether a ruling on the merits of the plaintiffs' Administrative Procedures Act ("APA") challenge should be bifurcated from any ruling on potential remedies, if the plaintiffs' APA challenge is found to be meritorious. The defendant-intervenor Hunter Conservation Coalition ("HCC") suggests that consideration of any remedy is premature, since "it is difficult to brief remedy without having a liability finding in hand," and that the parties should be given "the opportunity to submit a supplemental brief on remedy should the Court find any non-harmless error by FWS in this case." #33 Def.-Interven. HCC's Cross-Mot. Summ. J. at 42. The parties shall, by October 3, 2014, submit their positions on Defendant Intervenor HCC's request, which the Court construes as one for bifurcating consideration of the merits of the plaintiffs' claim from consideration of any remedy. Signed by Judge Beryl A. Howell on September 19, 2014. (lcbah1)
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| Filing 45 ADMINISTRATIVE RECORD -- Plaintiffs' Filing of Parties' Agreed Joint Appendix by BORN FREE USA, FRIENDS OF ANIMALS AND THEIR ENVIRONMENT, HELP OUR WOLVES LIVE, HUMANE SOCIETY OF THE UNITED STATES. (Attachments: #1 Exhibits A-B, #2 Exhibit C, #3 Exhibits D-I, #4 Exhibits J-NN, #5 Exhibits OO-HHH, #6 Exhibits III-MMM)(Wagman, Bruce) |
| Filing 44 REPLY to opposition to motion re #33 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment, #27 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment filed by MICHIGAN HUNTING DOG FEDERATION, MICHIGAN UNITED CONSERVATION CLUBS, NATIONAL RIFLE ASSOCIATION OF AMERICA, ROCKY MOUNTAIN ELK FOUNDATION, SAFARI CLUB INTERNATIONAL, U.S. SPORTSMEN'S ALLIANCE FOUNDATION, UPPER PENINSULA BEAR HOUNDSMEN ASSOCIATION, WISCONSIN BEAR HUNTERS ASSOCIATION, WISCONSIN BOWHUNTERS ASSOCIATION. (Lister, James) |
| Filing 43 REPLY to opposition to motion re #33 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment, #27 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment filed by MICHIGAN DEPARTMENT OF NATURAL RESOURCES. (Attachments: #1 Exhibit Wildlife Conservation Order Amendment No. 14 of 2013)(Thill, Stephen) |
| Filing 42 REPLY to opposition to motion re #27 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment filed by FISH AND WILDLIFE SERVICE, SALLY JEWELL, U.S. DEPARTMENT OF INTERIOR. (Gelatt, Andrea) |
| Filing 41 Memorandum in opposition to re #33 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment, #27 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment PLAINTIFFS' COMBINED REPLY AND OPPOSITION MEMORANDUM filed by BORN FREE USA, FRIENDS OF ANIMALS AND THEIR ENVIRONMENT, HELP OUR WOLVES LIVE, HUMANE SOCIETY OF THE UNITED STATES. (Wagman, Bruce) |
| NOTICE OF ERROR re #40 Reply to opposition to Motion; emailed to bwagman@schiffhardin.com, cc'd 28 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. same document using t |
| Filing 40 REPLY to opposition to motion re #33 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment, #27 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment, #24 MOTION for Summary Judgment PLAINTIFFS' COMBINED REPLY AND OPPOSITION MEMORANDUM filed by BORN FREE USA, FRIENDS OF ANIMALS AND THEIR ENVIRONMENT, HELP OUR WOLVES LIVE, HUMANE SOCIETY OF THE UNITED STATES. (Wagman, Bruce) |
| Filing 39 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ASSOCIATION OF FISH AND WILDLIFE AGENCIES (rdj) |
| Filing 38 AMICUS BRIEF by ASSOCIATION OF FISH AND WILDLIFE AGENCIES. (rdj) |
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MINUTE ORDER (paperless) granting #32 Motion of the Association of Fish & Wildlife Agencies ("Association") to Participate as Amicus Curiae ("Amicus Mot."), over the plaintiffs' opposition. "District courts have inherent authority to appoint or deny amici which is derived from Rule 29 of the Federal Rules of Appellate Procedure." Jin v. Ministry of State Sec., 557 F. Supp. 2d 131, 136 (D.D.C. 2008) (internal citations omitted). Amicus participation is normally appropriate when (a) "a party is not represented competently or is not represented at all," (b) "the amicus has an interest in some other case that may be affected by the decision in the present case," or (c) "when the amicus has unique information or perspective that can help the court beyond the help that the lawyers for the parties are able to provide." Id. at 137. Upon careful consideration of the memoranda in support of, and opposition to, the instant motion, the Court is satisfied that the Association satisfies each of these three concerns. Specifically, the Association's interests are not adequately represented. See Amicus Mot. at 12, ECF No. 32 ("Currently, no existing party in this lawsuit represents the fifty states' collaborative interests in the relisting decision being asked of this court."). The Association, as the representative of Fish and Wildlife agencies in all fifty states, the territories, and the District of Columbia is concerned about on-going litigation over the relisting of the gray wolf. Id. at 13 n. 41 (noting that "the gray wolf's status continues to be litigated in various parts of the country"). Finally, the Association has expert knowledge in the conservation and management of gray wolves. Id. at 1314 (highlighting the Association's forthcoming Best Management Practices on gray wolf conservation and management). For these reasons, the motion is granted. Signed by Judge Beryl A. Howell on 12/19/2013. (lcbah2)
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| Filing 37 REPLY to opposition to motion re #32 MOTION for Leave to File Amicus Curiae Brief filed by ASSOCIATION OF FISH AND WILDLIFE AGENCIES. (Bambery, Marilyn) |
| Filing 36 Memorandum in opposition to re #32 MOTION for Leave to File Amicus Curiae Brief filed by BORN FREE USA, FRIENDS OF ANIMALS AND THEIR ENVIRONMENT, HELP OUR WOLVES LIVE, HUMANE SOCIETY OF THE UNITED STATES. (Wagman, Bruce) |
| Filing 35 Memorandum in opposition to re #24 MOTION for Summary Judgment [Filed to correct wording in last sentence of page 12 of Dkt 29] filed by STATE OF WISCONSIN, WISCONSIN DEPARTMENT OF NATURAL RESOURCES. (Attachments: #1 Certificate of Service)(Hirsch, Cynthia) |
| Filing 34 Memorandum in opposition to re #24 MOTION for Summary Judgment and Cross-Motion for Summary Judgment filed by MICHIGAN HUNTING DOG FEDERATION, NATIONAL RIFLE ASSOCIATION OF AMERICA, ROCKY MOUNTAIN ELK FOUNDATION, SAFARI CLUB INTERNATIONAL, U.S. SPORTSMEN'S ALLIANCE FOUNDATION, UPPER PENINSULA BEAR HOUNDSMEN ASSOCIATION, WISCONSIN BEAR HUNTERS ASSOCIATION, WISCONSIN BOWHUNTERS ASSOCIATION. (Attachments: #1 Text of Proposed Order)(Horn, William) |
| Filing 33 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment by MICHIGAN HUNTING DOG FEDERATION, NATIONAL RIFLE ASSOCIATION OF AMERICA, ROCKY MOUNTAIN ELK FOUNDATION, SAFARI CLUB INTERNATIONAL, U.S. SPORTSMEN'S ALLIANCE FOUNDATION, UPPER PENINSULA BEAR HOUNDSMEN ASSOCIATION, WISCONSIN BEAR HUNTERS ASSOCIATION, WISCONSIN BOWHUNTERS ASSOCIATION (Attachments: #1 Text of Proposed Order)(Horn, William) |
| Filing 32 MOTION for Leave to File Amicus Curiae Brief by ASSOCIATION OF FISH AND WILDLIFE AGENCIES (Attachments: #1 Exhibit Exhibits to Motion to Participate as Amicus Curiae, #2 Exhibit Proposed Amicus Brief, #3 Text of Proposed Order Proposed Order, #4 Exhibit Corporate Disclosure Statement)(Bambery, Marilyn) |
| Filing 31 MEMORANDUM re #27 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment filed by U.S. DEPARTMENT OF INTERIOR, FISH AND WILDLIFE SERVICE, KENNETH LEE SALAZAR, #24 MOTION for Summary Judgment filed by HELP OUR WOLVES LIVE, BORN FREE USA, FRIENDS OF ANIMALS AND THEIR ENVIRONMENT, HUMANE SOCIETY OF THE UNITED STATES by MINNESOTA DEPARTMENT OF NATURAL RESOURCES. (Attachments: #1 Declaration of Edward K. Boggess, #2 Exhibit A - D, #3 Certificate of Service)(Iverson, David) |
| Filing 30 Memorandum in opposition to re #24 MOTION for Summary Judgment filed by MICHIGAN DEPARTMENT OF NATURAL RESOURCES. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Thill, Stephen) |
| Filing 29 Memorandum in opposition to re #24 MOTION for Summary Judgment filed by STATE OF WISCONSIN, WISCONSIN DEPARTMENT OF NATURAL RESOURCES. (Attachments: #1 2011 Wisconsin Act 169, #2 Affidavit of Bradley M. Koele & Ex. A, #3 Affidavit of Laura L. Kolesik & Exs. A, B, #4 Affidavit of David M. MacFarland & Exs. A, B, #5 Affidavit of Adrian P. Wydeven & Ex. A, #6 Certificate of Service)(Hirsch, Cynthia) |
| Filing 28 Memorandum in opposition to re #24 MOTION for Summary Judgment and Cross-Motion for Summary Judgment filed by FISH AND WILDLIFE SERVICE, KENNETH LEE SALAZAR, U.S. DEPARTMENT OF INTERIOR. (Attachments: #1 Text of Proposed Order)(Gelatt, Andrea) |
| Filing 27 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment by FISH AND WILDLIFE SERVICE, KENNETH LEE SALAZAR, U.S. DEPARTMENT OF INTERIOR (Attachments: #1 Text of Proposed Order)(Gelatt, Andrea) |
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MINUTE ORDER (paperless) In accordance with the #26 Notice of Restoration of Appropriations and Motion for Briefing Schedule, the Court enters the following SCHEDULING ORDER to control the timing of proceedings in this matter: the Federal Defendants shall file any Opposition or Cross-Motion for Summary Judgment by December 4, 2013; the Defendant-Intervenors shall file any Opposition or Cross-Motion for Summary Judgment by December 11, 2013; the Plaintiffs shall file any combined Opposition or Reply by January 10, 2014; the Federal Defendants shall file any Reply by February 5, 2014; the Defendant-Intervenors shall file any Reply by February 12, 2014; and the Plaintiffs shall file a Joint Appendix as required by Local Rule 7(n) by March 4, 2014. Signed by Judge Beryl A. Howell on 10/22/2013. (lcbah2)
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| Set/Reset Deadlines: Cross Motion or Opposition to Motion for Summary Judgment due by the Federal Defendants by 12/4/2013; Cross Motion or Opposition to Motion for Summary Judgment due by the Defendant-Intervenors by 12/11/2013; Opposition to Cross Motions or Reply to Motions for Summary Judgment due by Plaintiffs by 1/10/2014; Reply in support of their Cross Motion due by the Federal Defendants by 2/5/2014; Reply in support of their Cross Motion due by the Defendant-Intervenors by 2/12/2014. Plaintiffs' Joint Appendix due by 3/4/2014. (tg, ) |
| Filing 26 Unopposed MOTION for Scheduling Order and Notice of Restoration of Appropriations by FISH AND WILDLIFE SERVICE, KENNETH LEE SALAZAR, U.S. DEPARTMENT OF INTERIOR (Attachments: #1 Text of Proposed Order)(Gelatt, Andrea) |
| Filing 25 Unopposed MOTION to Stay briefing due to lapse in appropriations by FISH AND WILDLIFE SERVICE, KENNETH LEE SALAZAR, U.S. DEPARTMENT OF INTERIOR (Attachments: #1 Text of Proposed Order)(Gelatt, Andrea) |
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MINUTE ORDER (paperless) GRANTING the defendant's #25 Unopposed Motion For Stay of Briefing. The Court stays briefing in this matter until such time as funding is restored to the Department of Justice. The parties shall, within seven days of funding being restored, jointly file any appropriate motion to amend the schedule set forth in this Court's Minute Order of July 11, 2013. Signed by Judge Beryl A. Howell on October 1, 2013. (lcbah1)
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| Filing 24 MOTION for Summary Judgment by BORN FREE USA, FRIENDS OF ANIMALS AND THEIR ENVIRONMENT, HELP OUR WOLVES LIVE, HUMANE SOCIETY OF THE UNITED STATES (Attachments: #1 Memorandum in Support, #2 Declaration of Robert Waligora, #3 Declaration of Linda Hatfield, #4 Declaration of Nancy Warren, #5 Declaration of Howard Goldman, #6 Text of Proposed Order)(Wagman, Bruce) |
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MINUTE ORDER (paperless) granting unopposed #22 Motion for Changes to Current Scheduling Order. The SCHEDULING ORDER is hereby revised as follows: Plaintiffs shall notify informally the federal defendants of any objection to the contents of the Administrative Record, if necessary, by August 23, 2013. Plaintiffs shall move to compel completion of the Administrative Record or to supplement the Administrative Record with extra-record documents, if necessary, by September 6, 2013. Plaintiffs shall file a Motion for Summary Judgment (up to 45 pages) by September 6, 2013. The federal defendants shall file any Opposition/Cross-Motion for Summary Judgment (up to 45 pages) by October 18, 2013. In order to minimize duplication in arguments with the federal defendants, the defendant intervenors shall each file any Opposition/Cross-Motion (up to 45 pages) by October 25, 2013. Plaintiffs shall file a combined Opposition/Reply (up to 60 pages) responding to the arguments of both the federal defendants and defendant intervenors by November 12, 2013. The federal defendants shall file a Reply (up to 35 pages) by December 10, 2013. The defendant intervenors shall file any Replies (up to 25 pages) by December 17, 2013. The plaintiffs shall file a Joint Appendix by January 6, 2014. If the plaintiffs intend to bring a motion for temporary injunctive relief or a preliminary injunction, the plaintiffs shall provide 7 days written notice before bringing any such motion to allow time for the parties to meet and confer to establish a briefing schedule for submission jointly to the Court. Signed by Judge Beryl A. Howell on 07/11/2013. (lcbah2)
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| Set/Reset Deadlines: Objection to contents of Administrative Record due by 8/23/2013. Motion to compel or supplement Administrative Record due by 9/6/2013. Summary Judgment motion due by 9/6/2013; Cross Motion and opposition to Motion for Summary Judgment due by 10/18/2013; Opposition/Cross Motion by Intervenors due by 10/25/13; Reply/Opposition to Cross-Motion due by 11/12/2013; Reply to opposition to Cross-Motion due by 12/10/2013. Reply by Intervenors due by 12/17/2013. Joint Appendix due by 1/6/2014. (tg, ) |
| Filing 23 ERRATA by BORN FREE USA, FRIENDS OF ANIMALS AND THEIR ENVIRONMENT, HELP OUR WOLVES LIVE, HUMANE SOCIETY OF THE UNITED STATES #22 MOTION to Modify Current Scheduling Order filed by HELP OUR WOLVES LIVE, BORN FREE USA, FRIENDS OF ANIMALS AND THEIR ENVIRONMENT, HUMANE SOCIETY OF THE UNITED STATES. (Attachments: #1 Motion for Changes to Current Scheduling Order)(Wagman, Bruce) |
| Filing 22 MOTION to Modify Current Scheduling Order by BORN FREE USA, FRIENDS OF ANIMALS AND THEIR ENVIRONMENT, HELP OUR WOLVES LIVE, HUMANE SOCIETY OF THE UNITED STATES (Wagman, Bruce) |
| Filing 21 NOTICE of Lodging of Administrative Record by FISH AND WILDLIFE SERVICE, KENNETH LEE SALAZAR, U.S. DEPARTMENT OF INTERIOR (Gelatt, Andrea) |
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MINUTE ORDER (paperless) granting #20 Unopposed Motion to Participate as Amicus Curiae by the Minnesota Department of Natural Resources. Signed by Judge Beryl A. Howell on 06/07/2013. (lcbah2)
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| Filing 20 MOTION for Leave to File Amicus Curiae by MINNESOTA DEPARTMENT OF NATURAL RESOURCES (Attachments: #1 Memorandum in Support, #2 Declaration OF EDWARD K. BOGGESS, #3 Certificate of Service, #4 Text of Proposed Order)(rdj) |
| Filing 19 NOTICE of Appearance by Stephen D. Thill on behalf of MICHIGAN DEPARTMENT OF NATURAL RESOURCES, STATE OF MICHIGAN (Thill, Stephen) |
| Filing 18 NOTICE of Appearance by John I. Kittel on behalf of MICHIGAN UNITED CONSERVATION CLUBS, ROCKY MOUNTAIN ELK FOUNDATION (Kittel, John) |
| Set/Reset Deadlines: Administrative Record due by 6/17/2013; opposition due by 7/15/2013; motion for completion or to supplement administrative record due by 8/1/2013. Summary Judgment motion due by 8/1/2013; cross-motion and opposition to Motion for Summary Judgment due by 9/12/2013; intervenors cross-motion/opposition due by 9/19/2013; opposition/reply due by 10/3/2013; Federal Defendants reply due by 10/24/2013; intervenors' reply due 10/31/2013. Joint appendix due by 11/14/2013. (tg, ) |
| Filing 17 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by MICHIGAN HUNTING DOG FEDERATION, MICHIGAN UNITED CONSERVATION CLUBS, NATIONAL RIFLE ASSOCIATION OF AMERICA, ROCKY MOUNTAIN ELK FOUNDATION, SAFARI CLUB INTERNATIONAL, U.S. SPORTSMEN'S ALLIANCE FOUNDATION, UPPER PENINSULA BEAR HOUNDSMEN ASSOCIATION, WISCONSIN BEAR HUNTERS ASSOCIATION, WISCONSIN BOWHUNTERS ASSOCIATION (rdj) |
| Filing 16 ANSWER to Complaint by MICHIGAN HUNTING DOG FEDERATION, MICHIGAN UNITED CONSERVATION CLUBS, NATIONAL RIFLE ASSOCIATION OF AMERICA, ROCKY MOUNTAIN ELK FOUNDATION, SAFARI CLUB INTERNATIONAL, U.S. SPORTSMEN'S ALLIANCE FOUNDATION, UPPER PENINSULA BEAR HOUNDSMEN ASSOCIATION, WISCONSIN BEAR HUNTERS ASSOCIATION, WISCONSIN BOWHUNTERS ASSOCIATION.(rdj) |
| Filing 15 ANSWER to Complaint by MICHIGAN DEPARTMENT OF NATURAL RESOURCES, STATE OF MICHIGAN.(rdj) |
| Filing 14 ANSWER to Complaint by STATE OF WISCONSIN, WISCONSIN DEPARTMENT OF NATURAL RESOURCES.(rdj) |
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MINUTE ORDER (paperless) granting #9 Unopposed Motion to Intervene as a Party Defendant by State of Wisconsin and Wisconsin Department of Natural Resources. Signed by Judge Beryl A. Howell on 05/07/2013. (lcbah2)
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| NOTICE OF CORRECTED DOCKET ENTRY: re #12 MOTION to Intervene was entered in error as a duplicate filing. (rdj) |
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MINUTE ORDER (paperless) granting #10 Unopposed Motion of the State of Michigan and the Michigan Department of Natural Resources to Intervene as Defendants. Signed by Judge Beryl A. Howell on 05/07/2013. (lcbah2)
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MINUTE ORDER (paperless) Upon consideration of the parties' #13 Joint Report and Proposed Briefing Schedule, the Court imposes the following SCHEDULING ORDER to govern proceedings in this matter: Federal defendants shall lodge the Administrative Record by June 17, 2013. Plaintiffs shall notify informally the federal defendants of any objection to the contents of the Administrative Record, if necessary, by July 15, 2013. Plaintiffs shall move to compel completion of the Administrative Record or to supplement the Administrative Record with extra-record documents, if necessary, by August 1, 2013. Plaintiffs shall file a Motion for Summary Judgment (up to 45 pages) by August 1, 2013. The federal defendants shall file any Opposition/Cross-Motion for Summary Judgment (up to 45 pages) by September 12, 2013. In order to minimize duplication in arguments with the federal defendants, the defendant intervenors shall each file any Opposition/Cross-Motion (up to 45 pages) by September 19, 2013. Plaintiffs shall file a combined Opposition/Reply (up to 60 pages) responding to the arguments of both the federal defendants and defendant intervenors by October 3, 2013. The federal defendants shall file a Reply (up to 35 pages) by October 24, 2013. The defendant intervenors shall file any Replies (up to 25 pages) by October 31, 2013. Again, the Court directs the federal defendants and the defendant intervenors to confer and minimize duplication of arguments. The plaintiffs shall file a Joint Appendix by November 14, 2013. If the plaintiffs intend to bring a motion for temporary injunctive relief or a preliminary injunction, the plaintiffs shall provide 7 days written notice before bringing any such motion to allow time for the parties to meet and confer to establish a briefing schedule for submission jointly to the Court. Signed by Judge Beryl A. Howell on 05/07/2013. (lcbah2)
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MINUTE ORDER (paperless) granting #11 Hunter Conservation Coalition's Unopposed Motion to Intervene. Signed by Judge Beryl A. Howell on 05/07/2013. (lcbah2)
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| Filing 13 MEET AND CONFER STATEMENT. (Attachments: #1 Text of Proposed Order)(Gelatt, Andrea) |
| Filing 12 ENTERED IN ERROR.....MOTION to Intervene as a Defendant by HUNTER CONSERVATION COALITION (Attachments: #1 Index of Exhibits, #2 Exhibits A-M, #3 Exhibits N-W, #4 Proposed Answer, #5 LCvR 7.1 Certificates, #6 Certificate of Service, #7 Text of Proposed Order)(znmw, ) Modified on 5/7/2013 (rdj). |
| Filing 11 MOTION to Intervene as Defendants by SAFARI CLUB INTERNATIONAL, NATIONAL RIFLE ASSOCIATION OF AMERICA, U.S. SPORTSMEN'S ALLIANCE FOUNDATION, WISCONSIN BEAR HUNTERS ASSOCIATION, MICHIGAN UNITED CONSERVATION CLUBS, WISCONSIN BOWHUNTERS ASSOCIATION, UPPER PENINSULA BEAR HOUNDSMEN ASSOCIATION, MICHIGAN HUNTING DOG FEDERATION, ROCKY MOUNTAIN ELK FOUNDATION (Attachments: #1 Certificate of Service, #2 Exhibit Index, #3 Exhibit A-M, #4 Exhibit N-W, #5 Exhibit Proposed Joint Answer, #6 Exhibit 7.1 Certificates, #7 Text of Proposed Order)(jf, ) |
| Filing 8 ANSWER to Complaint by FISH AND WILDLIFE SERVICE, KENNETH LEE SALAZAR, U.S. DEPARTMENT OF INTERIOR.(Gelatt, Andrea) |
| Filing 7 NOTICE of Appearance by Andrea Gelatt on behalf of All Defendants (Gelatt, Andrea) |
| Filing 10 MOTION to Intervene as Defendants by STATE OF MICHIGAN, MICHIGAN DEPARTMENT OF NATURAL RESOURCES (Attachments: #1 Exhibit 1 - Proposed Answer, #2 Exhibit 2 - Proposed Order, #3 Exhibit 3 - Declaration)(znmw, ) |
| Filing 9 MOTION to Intervene as Defendants by STATE OF WISCONSIN, WISCONSIN DEPARTMENT OF NATURAL RESOURCES (Attachments: #1 Memorandum in Support, #2 Proposed Answer, #3 Certificate of Service, #4 Text of Proposed Order)(znmw, ) |
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Filing 6
STANDING ORDER. Signed by Judge Beryl A. Howell on 02/14/2013. (lcbah2)
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MINUTE ORDER (paperless) granting #4 Motion to Admit Bruce A. Wagman Pro Hac Vice. Mr. Bruce A. Wagman may enter an appearance pro hac vice for the purpose of representing the plaintiffs in this action. Signed by Judge Beryl A. Howell on 02/14/2013. (lcbah2)
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| Case Reassigned to Judge Beryl A. Howell. Judge Paul L. Friedman no longer assigned to the case. (ls, ) |
| Filing 5 ELECTRONIC SUMMONS(5) Issued as to FISH AND WILDLIFE SERVICE, KENNETH SALAZAR, U.S. DEPARTMENT OF INTERIOR, U.S. Attorney and U.S. Attorney General (Attachments: #1 Consent Form)(ls, ) |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Bruce A. Wagman, :Firm- SCHIFF HARDIN LLP, :Address- One Market, Spear Street Tower, 32nd Floor, San Francisco, CA 94105. Phone No. - (415) 901-8700. Fax No. - (415) 901-8701 by BORN FREE USA, FRIENDS OF ANIMALS AND THEIR ENVIRONMENT, HELP OUR WOLVES LIVE, HUMANE SOCIETY OF THE UNITED STATES (Attachments: #1 Declaration, #2 Text of Proposed Order)(Henry, Ralph) |
| Filing 3 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BORN FREE USA, FRIENDS OF ANIMALS AND THEIR ENVIRONMENT, HELP OUR WOLVES LIVE, HUMANE SOCIETY OF THE UNITED STATES (Henry, Ralph) |
| Filing 2 NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 09-01092. (Henry, Ralph) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 350 receipt number 0090-3215700) filed by HELP OUR WOLVES LIVE, HUMANE SOCIETY OF THE UNITED STATES, FRIENDS OF ANIMALS AND THEIR ENVIRONMENT, BORN FREE USA. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Henry, Ralph) |
| Case Assigned to Judge Paul L. Friedman. (ls, ) |
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