International Society for the Protection of Mustangs and Burros v. United States Department of Agriculture et al
| International Society for the Protection of Mustangs and Burros |
| United States Department of Agriculture, Tom Vilsack, United States Forest Service and Judy Palmer |
| Center for Biological Diversity and Maricopa Audubon Society |
| 3:2022cv08114 |
| June 28, 2022 |
| US District Court for the District of Arizona |
| Steven P Logan |
| Other Statutes: Environmental Matters |
| 42 U.S.C. § 4321 Review of Agency Action-Environment |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 24, 2022. A more recent docket listing may be available from PACER.
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Filing 44
ANSWER to #11 Amended Complaint, by Center for Biological Diversity, Maricopa Audubon Society.(Fink, Marc)
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Filing 43
ORDER: The Center for Biological Diversity's and the Maricopa Audubon Society's Motion to Intervene #37 is granted. The Center for Biological Diversity and the Maricopa Audubon Society are permitted to intervene as of right as party defendants. The Center for Biological Diversity and the Maricopa Audubon Society are directed to file their Answer on the docket by no later than August 24, 2022. The Clerk of Court shall amend the caption to reflect the Center for Biological Diversity and the Maricopa Audubon Society as intervenor-defendants in this action. Signed by Judge Steven P Logan on 8/22/2022. (REK)
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Filing 42
ORDER denying #38 Motion for Reconsideration filed by International Society for the Protection of Mustangs and Burros. Signed by Judge Steven P Logan on 8/22/22. (MJW)
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Filing 41
DECLARATION of Rita M. Gara re: #38 MOTION for Reconsideration re: #36 Order on Motion for TRO, Order on Motion for Order to Show Cause by Plaintiff International Society for the Protection of Mustangs and Burros. (Attachments: #1 Exhibit)(Froderman, Troy)
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Filing 40
RESPONSE in Opposition re: #38 MOTION for Reconsideration re: #36 Order on Motion for TRO, Order on Motion for Order to Show Cause filed by Judy Palmer, United States Department of Agriculture, United States Forest Service, Tom Vilsack. (Mayhall, Taylor)
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Filing 39
ORDER: IT IS ORDERED that Defendants shall have until August 16, 2022 to file a response to Plaintiff's Motion for Reconsideration (Doc. #38 ). No reply shall be permitted unless otherwise ordered by the Court. Signed by Judge Steven P Logan on 8/9/22. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MJW)
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Filing 38
MOTION for Reconsideration re: #36 Order on Motion for TRO, Order on Motion for Order to Show Cause by International Society for the Protection of Mustangs and Burros. (Attachments: #1 Exhibit Declaration of Karen Sussman, #2 Exhibit Declaration of Gary Slaughter)(Froderman, Troy)
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Filing 37
MOTION to Intervene by Center for Biological Diversity, Maricopa Audubon Society. (Attachments: #1 Proposed Order, #2 Exhibit A (Declaration of Dr Robin Silver), #3 Exhibit B (Proposed Answer))(Fink, Marc)
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Filing 36
ORDER denying #13 Motion for TRO and Preliminary Injunction to the extent it seeks a preliminary injunction.See attached PDF for complete details. Signed by Judge Steven P Logan on 7/28/22. (MJF)
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Filing 35
MINUTE ENTRY for proceedings held before Judge Steven P Logan: Preliminary Injunction Hearing held on 7/22/2022. Counsel argue to the Court. Ericka Luna, Deputy Forest Service Supervisor, is sworn, questioned by the Court and counsel and excused. The Court takes the matter UNDER ADVISEMENT. APPEARANCES: Troy Froderman for Plaintiff. Taylor Mayhall and Hannah O'Keefe for Defendant (Court Reporter Elva Cruz-Lauer.) Hearing held 1:33 pm to 2:51 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MJF)
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Filing 34
ORDER that the Center for Biological Diversity's and the Maricopa Audubon Society's Motion for Leave to File Amicus Curiae Brief (Doc. #28 ) is granted. The Court accepts and will consider the Center's amicus curiae brief filed at Docket Number [28-1]. Signed by Judge Steven P. Logan on 7/21/2022. (RMW)
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Filing 33
REPLY to Response to Motion re: #13 MOTION for Temporary Restraining Order MOTION (REQUEST) for Issuance of Order to Show Cause Why a Preliminary Injunction Should Not Be Issued filed by International Society for the Protection of Mustangs and Burros. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Froderman, Troy)
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Filing 32
ORDER: IT IS ORDERED that Plaintiff, if it chooses to do so, shall file its Response to the Motion for Leave to File Amicus Curiae Brief (Doc. #28 ) no later than July 21, 2022 at 12:00 PM. Signed by Judge Steven P Logan on 7/20/22. (MJF)
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Filing 31
RESPONSE in Opposition re: #13 MOTION for Temporary Restraining Order MOTION (REQUEST) for Issuance of Order to Show Cause Why a Preliminary Injunction Should Not Be Issued filed by Judy Palmer, United States Department of Agriculture, United States Forest Service, Tom Vilsack. (Attachments: #1 Affidavit of Judith Palmer, #2 Exhibit 1, #3 Exhibit 2-5, #4 Exhibit 6-9, #5 Exhibit 10-13, #6 Exhibit 14-16)(Mayhall, Taylor)
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Filing 30
Corporate Disclosure Statement by Maricopa Audubon Society. (Fink, Marc)
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Filing 29
Corporate Disclosure Statement by Center for Biological Diversity. (Fink, Marc)
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Filing 28
MOTION to File Amicus Curiae by Center for Biological Diversity, Maricopa Audubon Society. (Attachments: #1 Exhibit A (proposed Amicus Brief), #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Proposed Order)(Fink, Marc)
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Filing 27
NOTICE re: Notice of Filing of Proposed Preliminary Injunction by International Society for the Protection of Mustangs and Burros re: #15 Order,,, Set Deadlines,,, Set Motion Hearing,, . (Attachments: #1 Proposed Order Proposed Order)(Froderman, Troy)
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Filing 26
SERVICE EXECUTED filed by International Society for the Protection of Mustangs and Burros: Certificate of Service re: Summons, First Amended Complaint, Notice of Filing First Amended Complaint, Application for Temporary Restraining Order & Request for Issuance of Order to Show Cause Why Preliminary Injunction Should Not Be Issued, Order upon Gary M. Restaino, U.S. Attorney on 07/13/2022. (Froderman, Troy)
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Remark: Pro hac vice motion(s) granted for Marc D Fink on behalf of Amicus Parties Center for Biological Diversity, Maricopa Audubon Society. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 25
SERVICE EXECUTED filed by International Society for the Protection of Mustangs and Burros: Certificate of Service re: First Amended Complaint, Notice of Filing First Amended Complaint, Application for Temporary Restraining Order & Request for Issuance of Order to Show Cause Why Preliminary Injunction Should Not Be Issued upon U.S. Department of Agriculture on 07/13/2022. (Froderman, Troy)
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Filing 24
SERVICE EXECUTED filed by International Society for the Protection of Mustangs and Burros: Certificate of Service re: First Amended Complaint, Notice of Filing First Amended Complaint, Application for Temporary Restraining Order & Request for Issuance of Order to Show Cause Why Preliminary Injunction Should Not Be Issued upon Tom Vilsack on 07/13/2022. (Froderman, Troy)
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Filing 23
NOTICE of Appearance by Michelle Spatz on behalf of Judy Palmer, United States Department of Agriculture, United States Forest Service, Tom Vilsack. (Spatz, Michelle)
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Filing 22
NOTICE re: Joint Notice by International Society for the Protection of Mustangs and Burros re: #15 Order,,, Set Deadlines,,, Set Motion Hearing,, . (Froderman, Troy)
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Filing 21
NOTICE OF ATTORNEY APPEARANCE: Hannah E. O'Keefe appearing for Judy Palmer, United States Department of Agriculture, United States Forest Service, Tom Vilsack. . (O'Keefe, Hannah)
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Filing 20
NOTICE re: of Service by International Society for the Protection of Mustangs and Burros . (Edwards, Richard)
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Filing 19
SERVICE EXECUTED filed by International Society for the Protection of Mustangs and Burros: Certificate of Service re: First Amended Complaint, Notice of Filing First Amended Complaint, Application for Temporary Restraining Order & Request for Issuance of Order to Show Cause Why Preliminary Injunction Should Not Be Issued upon U.S. Forest Service on 07/12/2022. (Froderman, Troy)
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Filing 18
SERVICE EXECUTED filed by International Society for the Protection of Mustangs and Burros: Certificate of Service re: First Amended Complaint, Notice of Filing First Amended Complaint, Application for Temporary Restraining Order & Request for Issuance of Order to Show Cause Why Preliminary Injunction Should Not Be Issued upon Judith Palmer on 07/12/2022. (Froderman, Troy)
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Filing 17
Summons Issued as to U.S. Attorney for the District of Arizona. (SST)
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Filing 16
SUMMONS Submitted by International Society for the Protection of Mustangs and Burros. (Froderman, Troy)
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Filing 15
ORDER granting Plaintiff's Motion for Temporary Restraining Order #13 to the extent Plaintiff seeks a TRO enjoining the sale of the horses. Plaintiffs Motion for Temporary Restraining Order #13 is denied to the extent Plaintiff seeks an Order to Show Cause why a preliminary injunction should not be issued. IT IS FURTHER ORDERED a Preliminary Injunction Hearing is set for July 22, 2022 at 1:30 p.m., before the Honorable Judge Steven P. Logan, United States District Judge, in the Sandra Day OConnor United States Courthouse, located at 401 West Washington Street, Phoenix, Arizona 85003, 5th Floor, Courtroom 501. See attached PDF for complete details. Signed by Judge Steven P Logan on 7/12/22. (MJF)
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Filing 14
NOTICE OF ATTORNEY APPEARANCE: Taylor A. Mayhall appearing for Judy Palmer, United States Department of Agriculture, United States Forest Service, Tom Vilsack. . (Mayhall, Taylor)
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Filing 13
*MOTION for Temporary Restraining Order by International Society for the Protection of Mustangs and Burros. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Froderman, Troy). *Modified to remove Ex Parte Designation and added MOTION (REQUEST) for Issuance of Order to Show Cause Why a Preliminary Injunction Should Not Be Issued on 7/12/2022 (LAD).
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Filing 12
NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by International Society for the Protection of Mustangs and Burros . (Attachments: #1 Exhibit Exhibit A)(Froderman, Troy)
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Filing 11
AMENDED COMPLAINT against All Defendants filed by International Society for the Protection of Mustangs and Burros. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Froderman, Troy)
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Filing 10
SERVICE EXECUTED filed by International Society for the Protection of Mustangs and Burros: Certificate of Service re: Summons and Complaint upon U.S. Forest Service on 07/06/2022. (Froderman, Troy)
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Filing 9
SERVICE EXECUTED filed by International Society for the Protection of Mustangs and Burros: Certificate of Service re: Summons and Complaint upon Judith Palmer on 07/06/2022. (Froderman, Troy)
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Filing 8
SERVICE EXECUTED filed by International Society for the Protection of Mustangs and Burros: Certificate of Service re: Summons and Complaint upon Tom Vilsack on 06/30/2022. (Froderman, Troy)
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Filing 7
SERVICE EXECUTED filed by International Society for the Protection of Mustangs and Burros: Certificate of Service re: Summons and Complaint upon U.S. Department of Agriculture on 06/30/2022. (Froderman, Troy)
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Filing 6
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Steven P Logan on 6/30/22. (MJF)
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Filing 5
Summons Issued as to Judy Palmer, United States Department of Agriculture, United States Forest Service, Tom Vilsack. (Attachments: #1 Summons, #2 Summons, #3 Summons)(BAC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
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Filing 4
Filing fee paid, receipt number AAZDC-20817830. This case has been assigned to the Honorable Steven P Logan. All future pleadings or documents should bear the correct case number: CV-22-08114-PCT-SPL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (BAC)
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Filing 3
SUMMONS Submitted by International Society for the Protection of Mustangs and Burros. (Froderman, Troy) (Attachments: #1 Summons, #2 Summons, #3 Summons)(BAC)
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Filing 2
Corporate Disclosure Statement by International Society for the Protection of Mustangs and Burros. (Froderman, Troy) (BAC)
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Filing 1
COMPLAINT. Filing fee received: $402.00, receipt number AAZDC-20817830 filed by International Society for the Protection of Mustangs and Burros. (Froderman, Troy) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(BAC)
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