National Parks Conservation Association v. United States Bureau of Land Management et al
| National Parks Conservation Association |
| United States Bureau of Land Management, Tracy Stone-Manning and Karen Mouritsen |
| Eagle Crest Energy Company, Inc. |
| 2:2024cv01434 |
| May 21, 2024 |
| US District Court for the Eastern District of California |
| Deborah Barnes |
| Dale A Drozd |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 42 U.S.C. § 4321 Review of Agency Action-Environment |
| None |
Docket Report
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| Filing 43 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 9/24/2024 at 01:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Marrujo, C) |
| Filing 42 CASE TRANSFERRED IN from District of California Central; Case Number 5:23-cv-01844. |
| Filing 41 MINUTES (IN CHAMBERS) by Judge Sunshine Suzanne Sykes: Order Granting #26 Defendant-Intervenor's MOTION to Transfer Venue. For the reasons provided above, the Court GRANTS Eagle Crests motion [Dkt. 26] and TRANSFERS this action to the Eastern District of California for all further proceedings. Case electronically sent. SEE DOCUMENT FOR FURTHER INFORMATION. MD JS-6. Case Terminated. (twdb) [Transferred from cacd on 5/21/2024.] |
| Filing 40 MINUTES OF: Motion Hearing held before Judge Sunshine Suzanne Sykes: ZOOM HEARING RE: MOTION TO TRANSFER [Dkt. 26], #26 . For the reasons stated on the record, the Court takes this matter under submission. Court Reporter: RS-CS-2 (4-5-24). (twdb) [Transferred from cacd on 5/21/2024.] |
Filing 39
SCHEDULING NOTICE AND ORDER by Judge Sunshine S. Sykes: On its own motion, the Court hereby ADVANCES the hearing on the Motion to Transfer, [Dkt. #26 ], from April 5, 2024, at 2:00 p.m., to April 5, 2024, at 1:00 p.m., via Zoom video conference. To obtain the video conference link for the scheduled hearing, the parties are directed to Judge Sykes' Procedures and Schedules page on the Court's website: http://www.cacd.uscourts.gov/honorable-sunshine-s-sykes. Please follow the instructions listed under "Zoom Webinar Information." IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY [Transferred from cacd on 5/21/2024.]
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Filing 38
SCHEDULING NOTICE AND ORDER by Judge Sunshine S. Sykes: On its own motion, the Court hereby CONTINUES the hearing on the Motion to Transfer, [Dkt. #26 ], from March 15, 2024, to April 5, 2024, at 2:00 p.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY [Transferred from cacd on 5/21/2024.]
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| Filing 37 REPLY In Support Of NOTICE OF MOTION AND MOTION to Transfer Case to Eastern District of California #26 filed by Intervenor Defendant Eagle Crest Energy Company, Inc.. (Lazerwitz, David) [Transferred from cacd on 5/21/2024.] |
| Filing 36 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Transfer Case to Eastern District of California #26 filed by Defendants Karen Mouritsen, Tracy Stone-Manning, United States Bureau of Land Management. (Kim, Joseph) [Transferred from cacd on 5/21/2024.] |
| Filing 35 REQUEST FOR JUDICIAL NOTICE in Support of Opposition to Eagle Crest Energy Company, Inc.'s Motion to Transfer filed by Plaintiff National Parks Conservation Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Sanders, Matthew) [Transferred from cacd on 5/21/2024.] |
| Filing 34 OPPOSITION to NOTICE OF MOTION AND MOTION to Transfer Case to Eastern District of California #26 filed by Plaintiff National Parks Conservation Association. (Attachments: #1 Proposed Order)(Sanders, Matthew) [Transferred from cacd on 5/21/2024.] |
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Filing 33
ORDER ON STUDENT APPLICATION TO APPEAR UNDER THE STUDENT PRACTICE RULE (LOCAL CIVIL RULE 83-4) by Judge Sunshine Suzanne Sykes: granting #30 APPLICATION of Student Kyrylo Korol to appear under the Student Practice Rule 83-4 for Plaintiff National Parks Conservation Association. (lom) [Transferred from cacd on 5/21/2024.]
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Filing 32
ORDER ON STUDENT APPLICATION TO APPEAR UNDER THE STUDENT PRACTICE RULE (LOCAL CIVIL RULE 83-4) by Judge Sunshine Suzanne Sykes: granting #31 APPLICATION of Student Robert Vogel to appear under the Student Practice Rule 83-4 for Plaintiff National Parks Conservation Association. (lom) [Transferred from cacd on 5/21/2024.]
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| Filing 31 APPLICATION of Student Robert Vogel for permission to appear pursuant to the Student Practice Rule 83-4 under the supervision of attorney Matthew J. Sanders, filed by plaintiff National Parks Conservation Association. (Attachments: #1 Proposed Order) (Sanders, Matthew) [Transferred from cacd on 5/21/2024.] |
| Filing 30 APPLICATION of Student Kyrylo Korol for permission to appear pursuant to the Student Practice Rule 83-4 under the supervision of attorney Matthew J. Sanders, filed by plaintiff National Parks Conservation Association. (Attachments: #1 Proposed Order) (Sanders, Matthew) [Transferred from cacd on 5/21/2024.] |
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Filing 29
ORDER GRANTING JOINT STIPULATION REGARDING BRIEFING SCHEDULE (ECF No. #28 ) by Judge Sunshine Suzanne Sykes. The Court hereby APPROVES the joint stipulation and ORDERS that the briefing schedule for the Motion be as follows: January 4, 2024: Eagle Crest's Motion due. February 7, 2024: NPCA's opposition and Defendants' response (if any) due. March 1, 2024: Eagle Crest's reply due. March 15, 2024: Hearing on Eagle Crests Motion. It is further ORDERED that the Schedule Conference currently set for February 23, 2024, see ECF No. 25, is hereby vacated. (lom) [Transferred from cacd on 5/21/2024.]
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| Filing 28 Joint STIPULATION for Extension of Time to File Response and Reply Briefs as to NOTICE OF MOTION AND MOTION to Transfer Case to Eastern District of California #26 filed by Plaintiff National Parks Conservation Association. (Attachments: #1 Proposed Order)(Sanders, Matthew) [Transferred from cacd on 5/21/2024.] |
| Filing 27 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Transfer Case to Eastern District of California #26 filed by Intervenor Defendant Eagle Crest Energy Company, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lazerwitz, David) [Transferred from cacd on 5/21/2024.] |
| Filing 26 NOTICE OF MOTION AND MOTION to Transfer Case to Eastern District of California filed by Defendant-Intervenor Eagle Crest Energy Company, Inc.. Motion set for hearing on 3/15/2024 at 02:00 PM before Judge Sunshine Suzanne Sykes. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Transfer, #2 Declaration of David J. Lazerwitz in Support of Motion to Transfer, #3 Proposed Order) (Lazerwitz, David) [Transferred from cacd on 5/21/2024.] |
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Filing 25
ORDER SETTING SCHEDULING CONFERENCE by Judge Sunshine Suzanne Sykes. Scheduling Conference set for 2/23/2024 at 01:00 PM before Judge Sunshine Suzanne Sykes. (iva) [Transferred from cacd on 5/21/2024.]
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| Filing 24 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Answer to Complaint (Attorney Civil Case Opening) #23 . The following error(s) was/were found: The case number is incomplete and missing the Judge initials. The complete case number is: 5:23-cv-18444-SSS (SHK) In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) [Transferred from cacd on 5/21/2024.] |
| Filing 23 ANSWER to Amended Complaint/Petition, #19 filed by Defendant Karen Mouritsen, Tracy Stone-Manning, United States Bureau of Land Management.(Kim, Joseph) [Transferred from cacd on 5/21/2024.] |
| Filing 22 21 DAY Summons Issued re First Amended Complaint/Petition, #19 as to Intervenor Defendant Eagle Crest Energy Company, Inc.. (shb) [Transferred from cacd on 5/21/2024.] |
| Filing 21 Request for Clerk to Issue Summons on Amended Complaint/Petition, #19 , Deficiency in Electronically Filed Documents (G-112A) - optional html form,, #20 filed by Plaintiff National Parks Conservation Association. (Sanders, Matthew) [Transferred from cacd on 5/21/2024.] |
| Filing 20 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Amended Complaint/Petition, #19 . The following error(s) was/were found: No proposed summons submitted for First Amended Complaint, Intervenor Defendant, Eagle Crest Company, Inc. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) [Transferred from cacd on 5/21/2024.] |
| Filing 19 FIRST AMENDED COMPLAINT against Defendants and Intervenor Defendant Eagle Crest Energy Company, Inc., Karen Mouritsen, Tracy Stone-Manning, United States Bureau of Land Management amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff National Parks Conservation Association(Sanders, Matthew) [Transferred from cacd on 5/21/2024.] |
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Filing 18
MINUTES (IN CHAMBERS) ORDER GRANTING MOTION TO INTERVENE #11 AND MOTION TO AMEND COMPLAINT #14 by Judge Sunshine Suzanne Sykes. For these reasons, the motion to intervene and motion for leave to amend are both GRANTED. See L.R. 7-12. The hearing regarding Plaintiff's motion to amend previously set for December 8, 2023 is hereby VACATED. Plaintiff is instructed to file its amended complaint on or before Friday, December 8, 2023. (rolm) [Transferred from cacd on 5/21/2024.]
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Filing 17
(IN CHAMBERS) ORDER by Judge Sunshine S. Sykes: The Court finds that the Motion to Intervene is appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. [Dkt. 11]. Accordingly, the Court vacates the hearing set on December 1, 2023. The motion stands submitted on the papers timely filed. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY [Transferred from cacd on 5/21/2024.]
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| Filing 16 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Intervene #11 filed by Intervenor Defendant Eagle Crest Energy Company, Inc.. (Lazerwitz, David) [Transferred from cacd on 5/21/2024.] |
| Filing 15 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Leave to file First Amended Complaint for Declaratory Judgment and Injunctive Relief #14 (Attachments: #1 Exhibit First Amended Complaint for Declaratory Judgment and Injunctive Relief)(Sanders, Matthew) [Transferred from cacd on 5/21/2024.] |
| Filing 14 NOTICE OF MOTION AND MOTION for Leave to file First Amended Complaint for Declaratory Judgment and Injunctive Relief filed by Plaintiff National Parks Conservation Association. Motion set for hearing on 12/8/2023 at 02:00 PM before Judge Sunshine Suzanne Sykes. (Attachments: #1 Memorandum of Points and Authorities in Support of Plaintiffs Unopposed Motion for Leave to File Amended Complaint Pursuant to Fed. R. Civ. P. 15(a)(2), #2 Declaration of Matthew J. Sanders in Support of Plaintiffs Unopposed Motion for Leave to File Amended Complaint Pursuant to Fed. R. Civ. P. 15(a)(2), #3 Proposed Order Granting Plaintiffs Unopposed Motion for Leave to File Amended Complaint Pursuant to Fed. R. Civ. P. 15(a)(2)) (Sanders, Matthew) [Transferred from cacd on 5/21/2024.] |
| Filing 13 NOTICE of Appearance filed by attorney Joseph Hosu Kim on behalf of Defendants Karen Mouritsen, Tracy Stone-Manning, United States Bureau of Land Management (Attorney Joseph Hosu Kim added to party Karen Mouritsen(pty:dft), Attorney Joseph Hosu Kim added to party Tracy Stone-Manning(pty:dft), Attorney Joseph Hosu Kim added to party United States Bureau of Land Management(pty:dft))(Kim, Joseph) [Transferred from cacd on 5/21/2024.] |
| Filing 12 NOTICE of Interested Parties filed by Defendant-Intervenor Eagle Crest Energy Company, Inc., identifying NextEra Energy, Inc.; Wexford Capital; Upfront Ventures; Management and various individuals. (Lazerwitz, David) [Transferred from cacd on 5/21/2024.] |
| Filing 11 NOTICE OF MOTION AND MOTION to Intervene filed by Defendant-Intervenor Eagle Crest Energy Company, Inc.. Motion set for hearing on 12/1/2023 at 02:00 PM before Judge Sunshine Suzanne Sykes. (Attachments: #1 Memorandum Of Points And Authorities In Support Of Proposed Defendant-Intervenor Eagle Crest Energy Company, Incs Motion To Intervene, #2 Declaration Of Linda S. Gilleran In Support of Motion to Intervene, #3 Declaration Of Steve Lowe In Support Of Eagle Crest Energy Company's Motion To Intervene, #4 Proposed Order Granting Motion To Intervene) (Attorney David Jack Lazerwitz added to party Eagle Crest Energy Company, Inc.(pty:intvd)) (Lazerwitz, David) [Transferred from cacd on 5/21/2024.] |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff National Parks Conservation Association, upon Defendant All Defendants. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to C. Veloz. Executed upon the Attorney Generals Office of the United States by delivering a copy to Ealy Sese. Executed upon the officer agency or corporation by delivering a copy to Mia Weens. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. (Sanders, Matthew) [Transferred from cacd on 5/21/2024.] |
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Filing 9
CIVIL STANDING ORDER by Judge Sunshine Suzanne Sykes. (iva) [Transferred from cacd on 5/21/2024.]
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| Filing 8 60 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Karen Mouritsen, Tracy Stone-Manning, United States Bureau of Land Management. (ghap) [Transferred from cacd on 5/21/2024.] |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) [Transferred from cacd on 5/21/2024.] |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) [Transferred from cacd on 5/21/2024.] |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Sunshine Suzanne Sykes and Magistrate Judge Shashi H. Kewalramani. (ghap) [Transferred from cacd on 5/21/2024.] |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff National Parks Conservation Association, (Sivas, Deborah) [Transferred from cacd on 5/21/2024.] |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff National Parks Conservation Association. (Sivas, Deborah) [Transferred from cacd on 5/21/2024.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff National Parks Conservation Association. (Sivas, Deborah) [Transferred from cacd on 5/21/2024.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-36008264 - Fee: $402, filed by Plaintiff National Parks Conservation Association. (Attorney Deborah A Sivas added to party National Parks Conservation Association(pty:pla))(Sivas, Deborah) [Transferred from cacd on 5/21/2024.] |
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