Fallon Paiute-Shoshone Tribe et al v. U.S. Department of the Interior et al
Plaintiff: Fallon Paiute-Shoshone Tribe and Center for Biological Diversity
Defendant: U.S. Department of the Interior, Bureau of Land Management and Jake Vialpando
Intervenor Defendant: Ormat Nevada Inc.
Case Number: 3:2021cv00512
Filed: December 15, 2021
Court: US District Court for the District of Nevada
Presiding Judge: William G Cobb
Referring Judge: Craig S Denney
2 Judge: Larry R Hicks
3 Judge: Robert C Jones
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. § 702 Administrative Procedure Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 6, 2023 Opinion or Order Filing 84 MOTION for Leave to File Document re #80 Reply, #81 Reply, #75 Motion to Stay Case or Discovery, #83 Motion for Leave to File Document/Excess Pages, by Plaintiff Fallon Paiute-Shoshone Tribe. Responses due by 1/20/2023. (Attachments: #1 Exhibit A)(Golding, Wyatt) (nondispositive)
December 20, 2022 Opinion or Order Filing 83 Unopposed MOTION for Leave to File Document re #75 Motion to Stay Case or Discovery, by Defendants Bureau of Land Management, U.S. Department of the Interior, Jake Vialpando. Responses due by 1/3/2023. (Attachments: #1 Exhibit Decision Record for Dixie Meadows 12-MW Geothermal Utilization Project)(Caschette, Kamela) (nondispositive)
December 20, 2022 Opinion or Order Filing 82 Joint STIPULATION re #75 Motion to Stay Case, #77 Motion to Stay Case by Defendants Bureau of Land Management, U.S. Department of the Interior, Jake Vialpando. (Caschette, Kamela)
November 30, 2022 Opinion or Order Filing 81 REPLY to #75 Motion to Stay Case filed by Intervenor Defendant Ormat Nevada Inc.. (Attachments: #1 Exhibit Exhibit A - Revised Dixie Utilization Plan)(Reimer, Hadassah)
November 30, 2022 Opinion or Order Filing 80 REPLY to Response to #75 Motion to Stay Case filed by Defendants Bureau of Land Management, U.S. Department of the Interior, Jake Vialpando. (Caschette, Kamela)
November 9, 2022 Opinion or Order Filing 79 RESPONSE to #75 Motion to Stay Case by Plaintiff Fallon Paiute-Shoshone Tribe. Replies due by 11/16/2022. (Attachments: #1 Exhibit A - Revised Utilization Plan)(Golding, Wyatt)
November 1, 2022 Opinion or Order Filing 78 ORDER on Mandate as to ECF No. #69 USCA Mandate. USCA Case Nos. 22-15092 and 22-15093. Signed by Judge Robert C. Jones on 11/1/2022. (Copies have been distributed pursuant to the NEF - HKL)
October 31, 2022 Opinion or Order Filing 77 Joint MOTION to Stay Case JOINDER to #75 Motion to Stay Case by Intervenor Defendant Ormat Nevada Inc.. Responses due by 11/14/2022. (Reimer, Hadassah) Modified title and termed motion on 11/1/2022 (DRS).
October 28, 2022 Opinion or Order Filing 76 ORDER granting ECF No. #74 Joint Stipulation Amending Scheduling Order.* Federal Defendants shall file a motion to stay on or before October 27, 2022. (ECF No. #75 )* Ormat shall file a motion to stay on or before October 31, 2022.* Plaintiffs shall respond to Defendants' motions to stay on or before November 9, 2022 (11/9/2022).* Defendants shall file replies in support of their motions to stay on or before November 30, 2022 (11/30/2022).* If the motion to stay is denied, Defendants shall file their briefs opposing Plaintiffs' partial motion for summary judgment (ECF No. #68 ) and in support of their cross-motions for summary judgment, and any motion to strike, fourteen (14) days after a Court order denying the motions to stay is docketed. The parties shall propose a new schedule for the remaining briefs seven (7) days after a Court order denying the motions to stay is docketed.The page limits set forth in the Court's previous scheduling order (ECF No. #70 ) would remain unchanged.Signed by Magistrate Judge Craig S. Denney on 10/28/2022. (Copies have been distributed pursuant to the NEF - CJS)
October 27, 2022 Opinion or Order Filing 75 MOTION to Stay Case by Defendants Bureau of Land Management, U.S. Department of the Interior, Jake Vialpando. Responses due by 11/10/2022. (Attachments: #1 Exhibit Ormat's Letter to BLM, #2 Exhibit BLM's Letter to Ormat, #3 Exhibit Declaration of Jake Vialpando, #4 Exhibit Declaration of Dan Cox)(Caschette, Kamela)
October 27, 2022 Opinion or Order Filing 74 Joint STIPULATION AMENDING SCHEDULING ORDER re #73 Stipulation by Defendants Bureau of Land Management, U.S. Department of the Interior, Jake Vialpando. (Attachments: #1 Exhibit BLM's Letter to Ormat)(Aimufua, Esosa) (other) (nondispositive)
October 27, 2022 Opinion or Order Filing 73 Joint STIPULATION AMENDING SCHEDULING ORDER re #71 Order on Stipulation,,,,,,, by Defendants Bureau of Land Management, U.S. Department of the Interior, Jake Vialpando. (Caschette, Kamela) (other) (nondispositive)
October 19, 2022 Opinion or Order Filing 72 NOTICE by Bureau of Land Management, U.S. Department of the Interior, Jake Vialpando.. (Attachments: #1 Letter)(Aimufua, Esosa)
October 11, 2022 Opinion or Order Filing 71 ORDER granting ECF No. #70 Stipulation to Extend Time re ECF No. #67 Order.1. Federal Defendants and Ormat shall each file a brief in support of their cross-motions for summary judgment and responding to Plaintiffs motion for summary judgment (ECF No. #68 ) by October 28, 2022.2. Plaintiffs shall file a combined reply in support of their summary judgment motion and in response to Federal Defendants and Ormats cross-motions for summary judgment, which will be due on December 9, 2022.3. Federal Defendants' and Ormat's replies in support of their cross-motions for summary judgment will each be due on January 20, 2023. (See pdf Order for additional specifics.) Signed by Magistrate Judge Craig S. Denney on 10/11/2022. (Copies have been distributed pursuant to the NEF - CJS)
October 7, 2022 Opinion or Order Filing 70 Joint STIPULATION AMENDING SCHEDULING ORDER re #67 Order on Stipulation,,,,,,, by Intervenor Defendant Ormat Nevada Inc.. (Nannini, Erica) (other) (dispositive)
September 23, 2022 Opinion or Order Filing 69 MANDATE of USCA, Ninth Circuit, as to ECF No. #60 USCA Memorandum/Opinion. The judgment of this Court, entered August 01, 2022, takes effect this date. USCA Case Nos. 22-15092, 22-15093. (Copies have been distributed pursuant to the NEF - HKL)
September 16, 2022 Opinion or Order Filing 68 MOTION for Partial Summary Judgment by Plaintiff Fallon Paiute-Shoshone Tribe. Responses due by 10/7/2022. (Attachments: #1 Exhibit A - Declaration of Michelle Gordon, #2 Exhibit B - Emergency Listing)(Golding, Wyatt)
September 8, 2022 Opinion or Order Filing 67 ORDER granting ECF No. #65 Stipulation to Extend Time : 1.Plaintiffs' opening summary judgment brief will be due on September 16, 2022, and will be limited to 60 pages. 2.Federal Defendants' and Ormat's combined responses to Plaintiffs' motion for summary judgment and opening briefs in support of their cross-motions for summary judgment will be due on October 14, 2022. 3. Plaintiffs shall file a combined reply in support of their summary judgment motion and in response to Federal Defendants' and Ormat's cross-motions for summary judgment, which will be due on November 4, 2022. 4.Federal Defendants' and Ormat's replies in support of their cross-motions for summary judgment will each be due on December 9, 2022. (See pdf Order for additional specifics.) Signed by Magistrate Judge Craig S. Denney on 9/8/2022. (Copies have been distributed pursuant to the NEF - DRM)
September 8, 2022 Opinion or Order Filing 66 NOTICE of Manual Filing by Defendants Bureau of Land Management, U.S. Department of the Interior, Jake Vialpando. Object: Flash-drive,, Description: ESA Administrative Record Supplement documents recorded in PDF format on a flash drive, manually filed with the Clerk's Office, manually filed with the Clerk's Office. . (Attachments: #1 Certification of Administrative Record Supplement for ESA Claims, #2 Index to the Administrative Record Supplement for ESA Claims)(Caschette, Kamela)
September 8, 2022 Opinion or Order Filing 65 First STIPULATION FOR EXTENSION OF TIME (First Request) by Plaintiff Center for Biological Diversity. (Lake, Scott) (extend) (dispositive)
August 5, 2022 Opinion or Order Filing 64 NOTICE of Manual Filing by Defendants Bureau of Land Management, U.S. Department of the Interior, Jake Vialpando. Object: Flash-drive,, Description: ESA Administrative Record documents recorded in PDF format on a flash drive, manually filed with the Clerk's Office. . (Attachments: #1 Certification of Administrative Record for ESA Claims, #2 Index to the Administrative Record for ESA Claims)(Caschette, Kamela)
August 5, 2022 Opinion or Order Filing 63 NOTICE of Appearance by attorney Kamela Caschette on behalf of Defendants Bureau of Land Management, U.S. Department of the Interior, Jake Vialpando. (Caschette, Kamela)
August 2, 2022 Opinion or Order Filing 62 SCHEDULING ORDER re ECF No. #61 Stipulated Proposed Order : BLM will lodge the Administrative Record for the ESA Claims with the Court and provide an electronic copy to the Parties by August 5, 2022. (See pdf order for additional and subsequent deadlines.) Signed by Magistrate Judge Craig S. Denney on 8/2/2022. (Copies have been distributed pursuant to the NEF - DRM)
August 1, 2022 Opinion or Order Filing 61 Joint Stipulated Discovery Plan and Scheduling Order by Intervenor Defendant Ormat Nevada Inc... (Reimer, Hadassah)
August 1, 2022 Opinion or Order Filing 60 MEMORANDUM/OPINION of USCA, Ninth Circuit, as to ECF Nos. #44 , #46 Notices of Appeals : Case No. 22-15092 is DISMISSED as moot, and each party shall bear its own costs on that appeal. Case No. 22-15093 is AFFIRMED, and costs shall be awarded to Ormat on that appeal. (Copies have been distributed pursuant to the NEF - DRM)
July 20, 2022 Opinion or Order Filing 59 ANSWER to #57 Amended Complaint filed by Ormat Nevada Inc..(Bordelon, Sarah)
July 20, 2022 Opinion or Order Filing 58 ANSWER to #57 Amended Complaint filed by Bureau of Land Management, U.S. Department of the Interior, Jake Vialpando.(Aimufua, Esosa)
July 6, 2022 Opinion or Order Filing 57 First AMENDED COMPLAINT against Bureau of Land Management, Ormat Nevada Inc., U.S. Department of the Interior, Jake Vialpando by Center for Biological Diversity. No changes to parties. (Lake, Scott)
July 5, 2022 Opinion or Order Filing 56 ORDER granting #55 Plaintiffs' Unopposed Motion for Leave to Amend Complaint. Plaintiffs shall file their Amended Complaint on or before Friday, July 8, 2022. Signed by Magistrate Judge Craig S. Denney on 7/5/2022. (Copies have been distributed pursuant to the NEF - HJ)
July 1, 2022 Opinion or Order Filing 55 MOTION to Amend/Correct #1 Complaint,, by Plaintiff Center for Biological Diversity. Responses due by 7/15/2022. (Attachments: #1 Exhibit A Proposed Amended Complaint, #2 Exhibit B Proposed Amended Complaint Redline, #3 Exhibit C Dixie Valley Toad Emergency Listing) (Lake, Scott)
May 20, 2022 Opinion or Order Filing 54 NOTICE of Manual Filing by Defendants Bureau of Land Management, U.S. Department of the Interior, Jake Vialpando. Object: Flash-drive,, Description: Administrative Record documents recorded in PDF format on a flash drive, manually filed with the Clerk's Office. FEDERAL DEFENDANTS NOTICE OF LODGING OF THE ADMINISTRATIVE RECORD (Attachments: #1 Exhibit Certification of the Administrative Record, #2 Exhibit Index to the Administrative Record) (Aimufua, Esosa)
February 18, 2022 Opinion or Order Filing 53 ANSWER to #1 Complaint,, filed by Bureau of Land Management, U.S. Department of the Interior, Jake Vialpando.(Aimufua, Esosa)
February 4, 2022 Opinion or Order Filing 52 ORDER of USCA, Ninth Circuit, as to ECF Nos. #44 , #46 Notices of Appeal : The district court's preliminary injunction is stayed pending resolution of these cross-appeals. Motion decided. Briefing schedule set. USCA Case Nos. 22-15092, 22-15093. (Copies have been distributed pursuant to the NEF - DRM)
January 27, 2022 Opinion or Order Filing 51 ANSWER to #1 Complaint,, filed by Ormat Nevada Inc.. Discovery Plan/Scheduling Order due by 3/13/2022.(Reimer, Hadassah) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
January 27, 2022 Opinion or Order Filing 50 CIVIL STANDING ORDER of Magistrate Judge Craig S. Denney. (Copies have been distributed pursuant to the NEF - DBN)
January 25, 2022 Opinion or Order Filing 49 CLERK'S NOTICE due to Magistrate Judge William G. Cobb's retirement, this case is reassigned to Magistrate Judge Craig S. Denney for all further proceedings. All further documents must bear the correct case number 3:21-cv-00512-RCJ-CSD. (no image attached) (LG)
January 24, 2022 Opinion or Order Filing 48 DESIGNATION of Record on Appeal by Intervenor Defendant Ormat Nevada Inc. re #44 Notice of Appeal. (Reimer, Hadassah)
January 21, 2022 Opinion or Order Filing 47 USCA, Ninth Circuit Appellate Case Number 22-15092 x 22-15093 assigned to ECF Nos. #46 Notice of Appeal, #44 Notice of Cross-Appeal. Preliminary Injunction Cross Appeal. Briefing schedule will be set by future court order. (DRM)
January 21, 2022 Opinion or Order Filing 46 NOTICE OF CROSS APPEAL as to #41 Order on Motion for TRO,, Order on Motion for Preliminary Injunction,,, by Plaintiffs Center for Biological Diversity, Fallon Paiute-Shoshone Tribe. Filing fee $ 505, receipt number 0978-6768238. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Attachments: #1 Exhibit A - Representation Statement) (Lake, Scott) Modified on 1/21/2022 add cross to the appeal. (WJ).
January 21, 2022 Opinion or Order Filing 45 Designation of Transcripts and Transcript Order forms and instructions for ECF No. #44 Notice of Appeal. The forms may also be obtained on the Court's website at #www.nvd.uscourts.gov. (Attachments: #1 Transcript Order Form) (DRM)
January 20, 2022 Opinion or Order Filing 44 NOTICE OF APPEAL by Intervenor Defendant Ormat Nevada Inc.. Filing fee $ 505, receipt number 0978-6767489. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Lukas, Timothy)
January 19, 2022 Opinion or Order Filing 43 ORDER - Ormat's Motion to Shorten Time (ECF No. #34 ) is GRANTED. Ormat's Motion to Modify the Preliminary Injunction (ECF No. #35 ) is DENIED. Signed by Judge Robert C. Jones on 1/19/2022. (Copies have been distributed pursuant to the NEF - HKL)
January 19, 2022 Opinion or Order Filing 42 SUMMONS Returned Executed by Fallon Paiute-Shoshone Tribe, Center for Biological Diversity re #5 Summons Issued, #1 Complaint,,. All Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B) (Lake, Scott)
January 14, 2022 Opinion or Order Filing 41 ORDER - IT IS HEREBY ORDERED that Plaintiffs' Motion for Temporary Restraining Order is GRANTED IN PART AND DENIED IN PART (ECF No. #13 ). Plaintiffs' Motion for Preliminary Injunction is GRANTED IN PART AND DENIED IN PART (ECF No. #14 ). IT IS FURTHER ORDERED that the Project shall be preliminarily enjoined 90 days from January 4, 2022. Signed by Judge Robert C. Jones on 1/14/2022. (Copies have been distributed pursuant to the NEF - SMR)
January 12, 2022 Opinion or Order Filing 40 CLERK'S NOTICE Regarding Local Rule IC 2-2(d). ECF No. #39 was not filed pursuant to LR IC 2-2(d). Documents must be linked to the document to which they pertain in the electronic filing system. The Clerk has modified the entry to properly establish the docket-entry relationship. Attorney is advised to properly link all further filed documents. (no image attached) (WJ)
January 12, 2022 Opinion or Order Filing 39 ERRATA to #37 Response by Plaintiffs Center for Biological Diversity, Fallon Paiute-Shoshone Tribe. (Lake, Scott) Modified on 1/12/2022 add link to motion #14 (WJ).
January 12, 2022 Opinion or Order Filing 38 RESPONSE to #34 Motion to Extend/Shorten Time by Plaintiffs Center for Biological Diversity, Fallon Paiute-Shoshone Tribe. Replies due by 1/19/2022. (Attachments: #1 Declaration of Patrick Donnelly (Third)) (Lake, Scott)
January 12, 2022 Opinion or Order Filing 37 RESPONSE to #14 Motion for Preliminary Injunction,,, by Plaintiffs Center for Biological Diversity, Fallon Paiute-Shoshone Tribe. Replies due by 1/19/2022. (Attachments: #1 Declaration of Patrick Donnelly (Third)) (Lake, Scott)
January 11, 2022 Opinion or Order Filing 36 NOTICE of Filing Defendant-Intervenors Proposed Order on Plaintiff's Motion for a Temporary Restraining Order or Preliminary Injunction by Ormat Nevada Inc.. (Attachments: #1 Exhibit Exhibit 1 Proposed Order) (Lukas, Timothy)
January 10, 2022 Opinion or Order Filing 35 MOTION to Modify Preliminary Injunction or in the Alternative for Stay of Pending Appeal re #13 Motion for TRO,,, #14 Motion for Preliminary Injunction,,, by Intervenor Defendant Ormat Nevada Inc.. Responses due by 1/24/2022. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2) (Lukas, Timothy)
January 10, 2022 Opinion or Order Filing 34 First MOTION to Shorten Time re 31 Minute Order,,,, by Intervenor Defendant Ormat Nevada Inc.. (Attachments: #1 Exhibit Exhibit 1) (Lukas, Timothy)
January 6, 2022 Opinion or Order Filing 33 TRANSCRIPT of Proceedings, 30 Motion Hearing, held on 01/04/2022, before Judge Robert C. Jones. Court Reporter: Paige Christian, Paige_Christian@nvd.uscourts.gov. Any Redaction Request is due by 1/27/2022. Redacted Transcript Deadline is set for 2/6/2022. Release of the Transcript Restriction is set for 4/6/2022. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PMC)
January 6, 2022 Opinion or Order Filing 32 CERTIFICATE of Cash Deposit as to Center for Biological Diversity: $ 1000.00, receipt number NVRNO5426. Per ECF No. 31 Order. (Original to Finance on 1/6/2022) (SMR)
January 5, 2022 Opinion or Order Filing 31 MINUTE ORDER IN CHAMBERS of the Honorable Judge Robert C. Jones on 1/5/2022. By Deputy Clerk: Lesa Ettinger.IT IS HEREBY ORDERED that Plaintiffs' Motion for Temporary Restraining Order (ECF No. #13 ) and Motion for Preliminary Injunction (ECF No. #14 ) are granted in part and denied in part. Defendants and Ormat Nevada, Inc., are temporarily restrained and preliminary enjoined for ninety days from performing the work described in the Dixie Valley Geothermal Utilization Project. (ECF No. 13 Ex. W.) The Court will issue a written order.IT IS FURTHER ORDERED that this temporary restraining order and preliminary injunction are hereby conditioned upon Plaintiffs filing with the Clerk of this Court no later than 5:00 P.M. on January 6, 2021, an undertaking in the form of a bond, a certified, cashiers or attorneys check, or cash, in the amount of $1,000.00 to secure the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained hereby. (no image attached) (Copies have been distributed pursuant to the NEF - LE)
January 4, 2022 Opinion or Order Filing 30 MINUTES OF PROCEEDINGS - Video Motion Hearing Re: #6 Motion to Intervene, #13 Motion for Temporary Restraining Order, #14 Motion for Preliminary Injunction held on 1/4/2022 via zoom video conference and telephonically before Judge Robert C. Jones. Crtrm Administrator: Lesa Ettinger; Pla Counsel presenting agruments: Wyatt Golding and Scott Lake; Def Counsel presenting arguments: Esosa Aimufua, Tim Lukas, Hadassah Reimer; Court Reporter: Paige Christian; Time of Hearing: 10:05 am - 12:25 pm; Courtroom: 6;Court convenes. Appearances are noted on the record. The Court grants the #6 Motion to Intervene. The Court then shares preliminary thoughts. Arguments of counsel are heard. The Court advises how he intends to rule with respect to the motions at issue. Written ruling of the Court will issue. Court adjourns. (no image attached) (Copies have been distributed pursuant to the NEF - LE)
January 3, 2022 Opinion or Order Filing 29 EXHIBIT LIST For Hearing on Plaintiff's Motion for Temporary Restraining Order or Preliminary Injunction by Intervenor Defendant Ormat Nevada Inc.. (Lukas, Timothy) Modified on 1/3/2022 add links to #6 #13 #14 (WJ).
January 3, 2022 Opinion or Order Filing 28 NOTICE of Appearance by attorney Holly A. Vance on behalf of Defendants Bureau of Land Management, U.S. Department of the Interior, Jake Vialpando. (Vance, Holly)
January 3, 2022 Opinion or Order Filing 27 REPLY to Response to #14 Motion for Preliminary Injunction,,, #13 Motion for TRO,,, by Plaintiffs Center for Biological Diversity, Fallon Paiute-Shoshone Tribe. (Attachments: #1 Declaration of Rochanne Downs (Exhibit A), #2 Exhibit B) (Lake, Scott)
January 3, 2022 Opinion or Order Filing 26 NOTICE of Appearance by attorney Sara E. Costello on behalf of Defendants Bureau of Land Management, U.S. Department of the Interior, Jake Vialpando. (Costello, Sara)
December 30, 2021 Opinion or Order Filing 25 RESPONSE to #14 Motion for Preliminary Injunction,,, #13 Motion for TRO,,, by Defendants Bureau of Land Management, U.S. Department of the Interior, Jake Vialpando. Replies due by 1/6/2022. (Attachments: #1 Exhibit Declaration of Jake Vialpando, #2 Exhibit Declaration of Jason Wright, #3 Exhibit Declaration of Shevawn Sapp, #4 Exhibit Executive Order 14008 of January 27, 2021:Tackling the Climate Crisis at Home and Abroad, #5 Exhibit Executive Order 14057 of December 8, 2021, #6 Exhibit Executive Order 13007 of May 24, 1996: Indian Sacred Sites, #7 Exhibit Joint Secretarial Order No. 3403, #8 Exhibit Documentation of Government Consultation & Coordination Bureau of Land Management 08/09/2021., #9 Exhibit Letter to Tribal Chairman Moyle from BLM, #10 Exhibit Appendix G: BLM Responses to Comments on the Draft Dixie Meadows Geothermal Utilization EA (2017), #11 Exhibit BLM Response to Comments Received on the Dixie Meadows Geothermal Utilization Project January 2021 Draft EA, #12 Exhibit Memorandum of Understanding Regarding Interagency Coordination and Collaboration for Protection of Indigenous Sites. Nov. 2021, #13 Exhibit Signed Sundry Notice Dec. 12, 2021) (Aimufua, Esosa)
December 30, 2021 Opinion or Order Filing 24 RESPONSE to #14 Motion for Preliminary Injunction,,, #13 Motion for TRO,,, by Intervenor Defendant Ormat Nevada Inc.. Replies due by 1/6/2022. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7) (Lukas, Timothy)
December 28, 2021 Opinion or Order Filing 23 ORDER granting ECF No. #18 Stipulation re Proposed Scheduling : 1. Proposed Defendant-Intervenor Ormat has committed to not perform site preparation, construction work, or conduct further activities permitted by the sundry notice until January 6, 2022. 2. The Parties will brief Plaintiffs' motions (ECF Nos. #13 , #14 ) on the following schedule: (a) Federal Defendants and Proposed Defendant-Intervenor will each file a consolidated responses to Plaintiffs' motions no later than December 30, 2021; and (b) Plaintiffs will file any reply brief at least 24 hours before a hearing if the court finds that a hearing on Plaintiffs' motions to be appropriate, but, in any event, no later than January 5, 2022. 3. Should the Court find that a hearing on Plaintiffs' motions would be appropriate, the Parties request that a virtual hearing be scheduled before January 5, 2022, or at the Court's earliest convenience thereafter. 4. The Parties agree that this Stipulation and its terms and conditions are without prejudice to the Parties' respective claims, defenses, positions, and arguments relative to Plaintiffs' motions for a temporary restraining order and preliminary injunction and the merits of this case. Signed by Judge Robert C. Jones on 12/28/2021. (Copies have been distributed pursuant to the NEF - DRM)
December 28, 2021 Opinion or Order Filing 22 ORDER APPROVING ECF No. #17 Verified Petition for Permission to Practice Pro Hac Vice of Attorney Wyatt Golding for Fallon Paiute-Shoshone Tribe, and approving Designation of Local Counsel Gordon H. DePaoli. Signed by Judge Robert C. Jones on 12/28/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - DRM)
December 28, 2021 Opinion or Order Filing 21 ORDER APPROVING ECF No. #8 Verified Petition for Permission to Practice Pro Hac Vice of Attorney Hadassah M. Reimer for Ormat Nevada, Inc., and approving Designation of Local Counsel Sarah C. Bordelon. Signed by Judge Robert C. Jones on 12/28/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - DRM)
December 28, 2021 Opinion or Order Filing 20 ORDER SETTING HEARING - Oral argument is set via Zoom Video for 10:00 A.M., TUESDAY, JANUARY 4, 2022, before Judge Robert C. Jones re: ECF No. #6 Motion to Intervene and ECF Nos. #13 and #14 Motion for Preliminary Injunction/Motion for TRO. The parties are directed to contact the courtroom deputy Lesa Ettinger (Lesa_Ettinger@nvd.uscourts.gov or 775-686-5833) by 12:00 P.M., MONDAY, JANUARY 3, 2022, to provide the e-mail address of each counsel, party and/or representative attending the hearing. If the parties intend to offer exhibits during oral argument, they shall file an exhibit list, and contact the courtroom deputy Lesa Ettinger (Lesa_Ettinger@nvd.uscourts.gov or 775-686-5833) to provide the court with a hard or digital copy of the proposed exhibits by 12:00 P.M., MONDAY, JANUARY 3, 2022. See attached PDF for additional instructions regarding this hearing. Signed by Judge Robert C. Jones on 12/28/2021. (Copies have been distributed pursuant to the NEF - HKL)
December 27, 2021 Opinion or Order Filing 19 NOTICE of Appearance by attorney Timothy A. Lukas on behalf of Intervenor Defendant Ormat Nevada Inc.. (Lukas, Timothy)
December 23, 2021 Opinion or Order Filing 18 STIPULATION by Defendants Bureau of Land Management, U.S. Department of the Interior, Jake Vialpando. (Aimufua, Esosa)
December 23, 2021 Opinion or Order Filing 17 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Wyatt Golding and DESIGNATION of Local Counsel Gordon H. DePaoli (Filing fee $ 250 receipt number 0978-6741994) by Plaintiffs Center for Biological Diversity, Fallon Paiute-Shoshone Tribe. (De Paoli, Gordon)
December 22, 2021 Opinion or Order Filing 16 CERTIFICATE OF SERVICE for #14 Motion for Preliminary Injunction,,, by Plaintiffs Center for Biological Diversity, Fallon Paiute-Shoshone Tribe. (Lake, Scott)
December 22, 2021 Opinion or Order Filing 15 CERTIFICATE OF SERVICE for #13 Motion for TRO,,, by Plaintiffs Center for Biological Diversity, Fallon Paiute-Shoshone Tribe. (Lake, Scott)
December 22, 2021 Opinion or Order Filing 14 MOTION for Preliminary Injunction by Plaintiffs Center for Biological Diversity, Fallon Paiute-Shoshone Tribe. Responses due by 1/5/2022. (Attachments: #1 Declaration of Scott Lake (Exhibit A), #2 Declaration of Rochanne Downs (Exhibit B), #3 Declaration of Yvonne Mori (Exhibit C), #4 Declaration of Patrick Donnelly (Exhibit D), #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC) (Lake, Scott)
December 22, 2021 Opinion or Order Filing 13 MOTION for Temporary Restraining Order by Plaintiffs Center for Biological Diversity, Fallon Paiute-Shoshone Tribe. (Attachments: #1 Declaration of Scott Lake (Exhibit A), #2 Declaration of Rochanne Downs (Exhibit B), #3 Declaration of Yvonne Mori (Exhibit C), #4 Declaration of Patrick Donnelly (Exhibit D), #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC) (Lake, Scott)
December 22, 2021 Opinion or Order Filing 12 CLERK'S NOTICE that this case is randomly reassigned to District Judge Robert C. Jones for all further proceedings. All further documents must bear the correct case number 3:21-cv-00512-RCJ-WGC. (no image attached) (WJ)
December 22, 2021 Opinion or Order Filing 11 MINUTE ORDER IN CHAMBERS of the Honorable Larry R. Hicks District Judge on December 22, 2021, by Carrie Lipparelli, Judicial Assistant. With good cause appearing, the Honorable Larry R. Hicks District Judge recuses himself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - CL)
December 21, 2021 Opinion or Order Filing 10 NOTICE of Appearance by attorney Laura R. Jacobsen on behalf of Intervenor Defendant Ormat Nevada Inc.. (Jacobsen, Laura)
December 21, 2021 Opinion or Order Filing 9 NOTICE of Appearance by attorney Esosa Rachael Aimufua on behalf of Defendants Bureau of Land Management, U.S. Department of the Interior, Jake Vialpando. (Aimufua, Esosa)
December 20, 2021 Opinion or Order Filing 8 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Hadassah M. Reimer and DESIGNATION of Local Counsel Sarah C. Bordelon (Filing fee $ 250 receipt number 0978-6738663) by Intervenor Defendant Ormat Nevada Inc.. (Nannini, Erica)
December 20, 2021 Opinion or Order Filing 7 CERTIFICATE of Interested Parties by Ormat Nevada Inc. that identifies all parties that have an interest in the outcome of this case. Corporate Parent Ormat Technologies, Inc., Other Affiliate ORNI 32, LLC for Ormat Nevada Inc. added. (Nannini, Erica)
December 20, 2021 Opinion or Order Filing 6 MOTION to Intervene by Intervenor Defendant Ormat Nevada Inc.. Responses due by 1/3/2022. (Attachments: #1 Exhibit 1 - Declaration of Paul Thomsen, Ormat Nevada Inc., #2 Exhibit 2 - Proposed Answer of Ormat Nevada Inc.) (Nannini, Erica)
December 16, 2021 Opinion or Order Filing 5 SUMMONS ISSUED as to All Defendants re ECF No. #1 . (Attachments: #1 Summons as to Jake Vialpando, #2 Summons as to US Dept. of Interior) (HKL)
December 16, 2021 Opinion or Order Filing 4 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Wyatt Golding to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 12/30/2021. (no image attached) (WJ)
December 16, 2021 Opinion or Order Filing 3 CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorney Gordon Depaoli is in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the Court's website to complete the registration for CM/ECF. (no image attached) (WJ) Modified on 12/17/2021 COMPLIED (WJ).
December 15, 2021 Opinion or Order Filing 2 CERTIFICATE of Interested Parties by Center for Biological Diversity. There are no known interested parties other than those participating in the case (Lake, Scott)
December 15, 2021 Opinion or Order Filing 1 COMPLAINT against All Defendants (Filing fee $402 receipt number 0978-6733790) by Center for Biological Diversity. Proof of service due by 3/15/2022. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons) (Lake, Scott) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
December 15, 2021 Opinion or Order Case randomly assigned to District Judge Larry R. Hicks and Magistrate Judge William G. Cobb. (WJ)

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Search for this case: Fallon Paiute-Shoshone Tribe et al v. U.S. Department of the Interior et al
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Plaintiff: Fallon Paiute-Shoshone Tribe
Represented By: Wyatt Golding
Represented By: Scott Lake,
Represented By: Gordon H. De Paoli
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Plaintiff: Center for Biological Diversity
Represented By: Wyatt Golding
Represented By: Scott Lake
Represented By: Gordon H. De Paoli
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Defendant: U.S. Department of the Interior
Represented By: Sara E. Costello
Represented By: Esosa Rachael Aimufua
Represented By: Holly A. Vance
Represented By: Kamela Caschette
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Defendant: Bureau of Land Management
Represented By: Sara E. Costello
Represented By: Esosa Rachael Aimufua
Represented By: Holly A. Vance
Represented By: Kamela Caschette
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Defendant: Jake Vialpando
Represented By: Sara E. Costello
Represented By: Esosa Rachael Aimufua
Represented By: Holly A. Vance
Represented By: Kamela Caschette
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Intervenor defendant: Ormat Nevada Inc.
Represented By: Hadassah M Reimer
Represented By: Erica Kristen Nannini
Represented By: Laura R. Jacobsen
Represented By: Sarah Caroline S Bordelon
Represented By: Timothy A. Lukas
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