Ducey v. Moore et al
Plaintiff: Douglas A Ducey
Defendant: Randy Moore, Camille Calimlim Touton, Thomas J Vilsack, United States Forest Service and United States Bureau of Reclamation
Intervenor Defendant: Center for Biological Diversity
Case Number: 2:2022cv01814
Filed: October 21, 2022
Court: US District Court for the District of Arizona
Presiding Judge: David G Campbell
Referring Judge: Deborah M Fine
Nature of Suit: Other Statutes: Other Statutory Actions
Cause of Action: 28 U.S.C. § 2201 Declaratory Judgment
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 19, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 19, 2022 Filing 30 SERVICE EXECUTED filed by Douglas A Ducey: Proof of Service re: Summons, Complaint, Civil Cover Sheet and Preliminary Order upon Gary M. Restaino, U.S. Attorney for the District of Arizona on 11/8/22. (Attachments: #1 Exhibit Exhibit A)(Johnson, Brett)
December 19, 2022 Filing 29 SERVICE EXECUTED filed by Douglas A Ducey: Certified Mail Receipt re: Summons, Complaint, Civil Cover Sheet and Preliminary Order upon Thomas J. Vilsack, United States Forest Service and U.S. Bureau of Reclamation on 11/14/22. (Attachments: #1 Exhibit Exhibits A-C)(Johnson, Brett)
December 15, 2022 Filing 28 MOTION to Transfer Related Case , MOTION to Consolidate Cases by Randy Moore, Camille Calimlim Touton, United States Bureau of Reclamation, United States Forest Service, Thomas J Vilsack. (Attachments: #1 Proposed Order) (Associated Cases: CV-2:22-01814-PHX-DGC, CV-2:22-02107-PHX-SMB) (Smith, Andrew)
December 14, 2022 Filing 27 MINUTE ORDER: A Telephonic Status Conference is set for 12/21/2022 at 04:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. Counsel will receive a dial-in number by email. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB)
November 30, 2022 Filing 26 RESPONSE to Motion re: #24 MOTION to Dismiss Case filed by Center for Biological Diversity. (Fink, Marc)
November 28, 2022 Filing 25 ANSWER to #1 Complaint by Center for Biological Diversity.(Fink, Marc)
November 23, 2022 Filing 24 MOTION to Dismiss Case by Randy Moore, Camille Calimlim Touton, United States Bureau of Reclamation, United States Forest Service, Thomas J Vilsack. (Attachments: #1 Exhibit A)(MAP)
November 23, 2022 Opinion or Order Filing 23 ORDER granting Defendants' #20 Unopposed Motion for Page Extension for Motion to Dismiss. The Clerk's Office is directed to file the Motion to Dismiss lodged at Doc. #21 . Ordered by Senior Judge David G Campbell on 11/23/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB)
November 23, 2022 Opinion or Order Filing 22 ORDER granting #6 Motion to Intervene. Permissive intervention is granted under Rule 24(b). The Court concludes that Intervenor has defenses that share with the main action a common question of law or fact -- whether the federal government may act with respect to the border lands of Arizona, including in the enforcement of federal environmental statutes. Fed. R. Civ. P. 24(b)(1)(B). The Court will hold Intervenor to its commitment not to unduly complicate this case, delay the proceedings, inject irrelevant issues, or repeat arguments made by the federal defendants. Doc. 17 at 12. The purpose of granting this intervention is not to convert this case into an environmental enforcement action or launch into broad ranging discovery on environmental issues. The purpose is to enable Intervenor to provide input on the claims and issues raised by Plaintiff. Intervenor shall file its proposed answer in the form submitted to the Court (Doc. 6-1) by December 2, 2022. Signed by Senior Judge David G Campbell on 11-23-22. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
November 23, 2022 Filing 21 *FILED at Doc. #24 *LODGED Proposed Motion to Dismiss and Memorandum in Support re: #20 Consent MOTION for Leave to File Excess Pages for Motion to Dismiss . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Randy Moore, Camille Calimlim Touton, United States Bureau of Reclamation, United States Forest Service, Thomas J Vilsack. (Attachments: #1 Exhibit A -- October 13, 2022 U.S. Bureau of Reclamation Letter)(Smith, Andrew) *Modified on 11/28/2022 (MAP).
November 23, 2022 Filing 20 Consent MOTION for Leave to File Excess Pages for Motion to Dismiss by Randy Moore, Camille Calimlim Touton, United States Bureau of Reclamation, United States Forest Service, Thomas J Vilsack. (Attachments: #1 Proposed Order)(Smith, Andrew)
November 23, 2022 Filing 19 NOTICE OF ATTORNEY APPEARANCE: Tyler M. Alexander appearing for Randy Moore, Camille Calimlim Touton, United States Bureau of Reclamation, United States Forest Service, Thomas J Vilsack. . (Alexander, Tyler)
November 23, 2022 Filing 18 NOTICE OF ATTORNEY APPEARANCE: Shaun M. Pettigrew appearing for Randy Moore, Camille Calimlim Touton, United States Bureau of Reclamation, United States Forest Service, Thomas J Vilsack. . (Pettigrew, Shaun)
November 22, 2022 Filing 17 REPLY to Response to Motion re: #6 MOTION to Intervene filed by Center for Biological Diversity. (Attachments: #1 Supplemental Declaration of Russ McSpadden)(Fink, Marc)
November 21, 2022 Remark: Pro hac vice motion(s) granted for Marc D Fink on behalf of Movant Center for Biological Diversity. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
November 16, 2022 Filing 16 RESPONSE to Motion re: #6 MOTION to Intervene filed by Randy Moore, Camille Calimlim Touton, United States Bureau of Reclamation, United States Forest Service, Thomas J Vilsack. (Smith, Andrew)
November 16, 2022 Filing 15 NOTICE OF ATTORNEY APPEARANCE: Andrew A. Smith appearing for Randy Moore, Camille Calimlim Touton, United States Bureau of Reclamation, United States Forest Service, Thomas J Vilsack. . (Smith, Andrew)
November 16, 2022 Filing 14 RESPONSE in Opposition re: #6 MOTION to Intervene filed by Douglas A Ducey. (Attachments: #1 Exhibits A-B)(Johnson, Brett)
November 4, 2022 Filing 13 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge David G Campbell. All further pleadings/papers should now list the following COMPLETE case number: CV-22-1814-PHX-DGC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
November 3, 2022 Filing 12 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
November 2, 2022 Filing 10 Additional Attachments to Main Document re: #6 MOTION to Intervene Certificate of Service by Intervenor Defendant Center for Biological Diversity. (Fink, Marc)
November 2, 2022 Filing 9 Corporate Disclosure Statement by Center for Biological Diversity. (Fink, Marc)
November 2, 2022 Filing 8 DECLARATION of Russ McSpadden re: #6 MOTION to Intervene by Intervenor Defendant Center for Biological Diversity. (Fink, Marc)
November 2, 2022 Filing 7 DECLARATION of Dr. Robin Silver re: #6 MOTION to Intervene by Intervenor Defendant Center for Biological Diversity. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Fink, Marc)
November 2, 2022 Filing 6 MOTION to Intervene by Center for Biological Diversity. (Attachments: #1 Proposed Answer, #2 Proposed Order)(Fink, Marc)
October 21, 2022 Filing 5 Summons Issued as to Randy Moore, Camille Calimlim Touton, United States Bureau of Reclamation, United States Forest Service, Thomas J Vilsack. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(MCO). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
October 21, 2022 Filing 4 Filing fee paid, receipt number AAZDC-21229236. This case has been assigned to the Honorable Deborah M Fine. All future pleadings or documents should bear the correct case number: CV-22-1814-PHX-DMF. Magistrate Election form attached. (MCO)
October 21, 2022 Filing 3 SUMMONS Submitted by Douglas A Ducey. (Johnson, Brett) (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(MCO)
October 21, 2022 Filing 2 Corporate Disclosure Statement by Douglas A Ducey. (Johnson, Brett) (MCO)
October 21, 2022 Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number AAZDC-21229236 filed by Douglas A Ducey. (Johnson, Brett) (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit)(MCO)

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Plaintiff: Douglas A Ducey
Represented By: Charlene A Warner
Represented By: Colin Patrick Ahler
Represented By: Anni Lori Foster
Represented By: Brett William Johnson
Represented By: Ryan James Regula
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Defendant: Randy Moore
Represented By: Andrew Allen Smith
Represented By: Tyler McVeigh Alexander
Represented By: Shaun M Pettigrew
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Defendant: Camille Calimlim Touton
Represented By: Andrew Allen Smith
Represented By: Shaun M Pettigrew
Represented By: Tyler McVeigh Alexander
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Defendant: Thomas J Vilsack
Represented By: Andrew Allen Smith
Represented By: Shaun M Pettigrew
Represented By: Tyler McVeigh Alexander
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Defendant: United States Forest Service
Represented By: Andrew Allen Smith
Represented By: Shaun M Pettigrew
Represented By: Tyler McVeigh Alexander
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Defendant: United States Bureau of Reclamation
Represented By: Shaun M Pettigrew
Represented By: Tyler McVeigh Alexander
Represented By: Andrew Allen Smith
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Intervenor defendant: Center for Biological Diversity
Represented By: Marc D Fink
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