Environmental Protection Information Center v. Carlson et al
Plaintiff: Environmental Protection Information Center
Defendant: United States Forest Service and Ann Carlson
Intervenor Defendant: Attorney Sierra Pacific Industries
Case Number: 3:2019cv06643
Filed: October 16, 2019
Court: US District Court for the Northern District of California
Presiding Judge: Edward M Chen
Referring Judge: Jacqueline Scott Corley
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 42 U.S.C. ยง 4321
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 10, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 10, 2019 Opinion or Order Filing 65 ORDER of USCA as to #61 Notice of Appeal filed by Environmental Protection Information Center. (tnS, COURT STAFF) (Filed on 12/10/2019)
December 10, 2019 Filing 64 USCA Case Number 19-17479 for #61 Notice of Appeal filed by Environmental Protection Information Center. (tnS, COURT STAFF) (Filed on 12/10/2019)
December 10, 2019 Opinion or Order Filing 63 ORDER by Judge Edward M. Chen Denying #62 Plaintiff's Motion for Injunction Pending Appeal. (emcsec, COURT STAFF) (Filed on 12/10/2019)
December 10, 2019 Filing 62 MOTION for Injunction Pending Appeal re #56 Order on Motion for Preliminary Injunction, #61 Notice of Appeal, with Expedited Consideration Requested filed by Environmental Protection Information Center. Motion Hearing set for 1/16/2020 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 12/24/2019. Replies due by 12/31/2019. (Attachments: #1 Proposed Order)(Voss, Rene) (Filed on 12/10/2019)
December 10, 2019 Filing 61 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Environmental Protection Information Center. Appeal of Order on Motion for Preliminary Injunction #56 (Appeal fee of $505 receipt number 0971-13965957 paid.) (Voss, Rene) (Filed on 12/10/2019) (USCA Case No. 19-17479)
December 6, 2019 Filing 60 Transcript of Proceedings held on 11-21-2019, before Judge Edward M. Chen. Court Reporter/Transcriber Debra L. Pas, CRR, telephone number (415) 431-1477/Email: Debra_Pas@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #53 Transcript Order ) Release of Transcript Restriction set for 3/5/2020. (Related documents(s) #53 ) (pasdl50S, COURT STAFF) (Filed on 12/6/2019)
December 5, 2019 Filing 59 Transcript of Proceedings held on 11-5-19, before Judge Edward M. Chen. Court Reporter Katherine Powell Sullivan, Katherine_Sullivan@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #54 Transcript Order ) Release of Transcript Restriction set for 3/4/2020. (Related documents(s) #54 ) (Sullivan, Katherine) (Filed on 12/5/2019)
December 4, 2019 Filing 58 Received: digital video disk re #48 Notice of Lodging of Preliminary Administrative Record, #49 Affidavit (replacement re # 57 ) by Ann Carlson, United States Forest Service. (slhS, COURT STAFF) (Filed on 12/4/2019)
December 4, 2019 Filing 57 Received: digital video disk re #24 Notice of Lodging of Preliminary Administrative Record, #25 Affidavit by Ann Carlson, United States Forest Service. (slhS, COURT STAFF) (Filed on 12/4/2019)
December 4, 2019 Opinion or Order Filing 56 ORDER by Judge Edward M. Chen Denying #11 Plaintiff's Motion for Preliminary Injunction. (emcsec, COURT STAFF) (Filed on 12/4/2019)
December 2, 2019 Opinion or Order Filing 55 ORDER Extending Temporary Restraining Order #11 #42 . Signed by Judge Edward M. Chen on 12/2/2019. (emcsec, COURT STAFF) (Filed on 12/2/2019)
November 25, 2019 Filing 54 TRANSCRIPT ORDER for proceedings held on 11/05/2019 before Judge Edward M. Chen by Ann Carlson, United States Forest Service, for Court Reporter Katherine Sullivan. (Sullivan, Sally) (Filed on 11/25/2019)
November 25, 2019 Filing 53 TRANSCRIPT ORDER for proceedings held on 11/21/2019 before Judge Edward M. Chen by Ann Carlson, United States Forest Service, for Court Reporter Debra Pas. (Sullivan, Sally) (Filed on 11/25/2019)
November 22, 2019 Filing 52 Declaration in Support of #29 Opposition/Response to Motion Supplemental Declaration of Anthony Saba filed byAnn Carlson, United States Forest Service. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Related document(s) #29 ) (Sullivan, Sally) (Filed on 11/22/2019)
November 22, 2019 Filing 51 NOTICE by Ann Carlson, United States Forest Service re #29 Opposition/Response to Motion Filing Supplemental Declaration of Anthony Saba (Sullivan, Sally) (Filed on 11/22/2019)
November 21, 2019 Filing 50 Minute Entry for proceedings held before Judge Edward M. Chen: Motion Hearing held on 11/21/2019; taking under submission #11 Motion for Preliminary Injunction. TRO extended same conditions until 12/2/2019. See pdf for further details.Total Time in Court: 1 Hour; 10 Minutes. Court Reporter: Debra Pas. Plaintiff Attorneys: Matthew Kenna, Rene Ross. Defendant Attorneys: Sally Sullivan, Shawn Pettigrew. Attachment: Minute Order. (afmS, COURT STAFF) (Date Filed: 11/21/2019)
November 15, 2019 Filing 49 AFFIDAVIT re #48 Notice (Other) Certifying the Administrative Record by Ann Carlson, United States Forest Service. (Attachments: #1 Exhibit Index to Administrative Record)(Sullivan, Sally) (Filed on 11/15/2019)
November 15, 2019 Filing 48 NOTICE by Ann Carlson, United States Forest Service re #24 Notice (Other) Lodging the Administrative Record (Sullivan, Sally) (Filed on 11/15/2019)
November 15, 2019 Filing 47 NOTICE of Appearance by Shaun Michael Pettigrew (Pettigrew, Shaun) (Filed on 11/15/2019)
November 12, 2019 Filing 46 REPLY in Support (re #11 MOTION for Preliminary Injunction) filed by Environmental Protection Information Center. (Voss, Rene) (Filed on 11/12/2019)
November 8, 2019 Filing 45 Amicus Curiae APPEARANCE entered by Lawson Emmett Fite on behalf of Sierra Pacific Industries. (Fite, Lawson) (Filed on 11/8/2019)
November 8, 2019 Filing 44 NOTICE of Supplemental Documents for the Administrative Record by Ann Carlson, United States Forest Service re #43 Opposition/Response to Motion (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Sullivan, Sally) (Filed on 11/8/2019)
November 7, 2019 Filing 43 OPPOSITION/RESPONSE (re #11 MOTION for Preliminary Injunction ) Supplemental Response filed byAnn Carlson, United States Forest Service. (Sullivan, Sally) (Filed on 11/7/2019)
November 6, 2019 Filing 41 Corporate Disclosure Statement by Sierra Pacific Industries identifying Corporate Parent Sierra Pacific Land & Timber Company for Sierra Pacific Industries. re #32 First MOTION to Intervene (Davis, Randall) (Filed on 11/6/2019)
November 5, 2019 Filing 42 Minute Entry for proceedings held before Judge Edward M. Chen: Motion Hearing re: #18 Motion for Temporary Restraining Order held on 11/5/2019; denying #32 Motion to Intervene. Leave granted for SPI to file an amicus brief by 11/8/2019. Motion Hearing re: #11 Motion for Preliminary Injunction ADVANCED to 11/21/2019 02:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Supplemental brief due by the Government 11/7/2019 noon; reply brief due 11/12/2019. Total Time in Court: 36 Minutes. Court Reporter: Katherine Sullivan. Plaintiff Attorney: Matt Kenna, Rene Voss. Defendant Attorney: Sally Sullivan, John Tustin. Attachment: Minute Order. (afmS, COURT STAFF) (Date Filed: 11/5/2019)
November 5, 2019 #Electronic filing error Re: #36 Statement filed by Sierra Pacific Industries. Incorrect event used. [err101] Please re-file this document in its entirety using < <<< and when prompted, enter all affiliates and/or corporate parents. (slhS, COURT STAFF) (Filed on 11/5/2019)
November 4, 2019 Opinion or Order Filing 40 Order by Judge Edward M. Chen granting #38 Motion for Pro Hac Vice.(afmS, COURT STAFF) (Filed on 11/4/2019)
November 4, 2019 Opinion or Order Filing 39 Order by Judge Edward M. Chen granting #37 Motion for Pro Hac Vice.(afmS, COURT STAFF) (Filed on 11/4/2019)
November 4, 2019 Filing 38 First MOTION for leave to appear in Pro Hac Vice Sara Ghafouri ( Filing fee $ 310, receipt number 0971-13854511.) filed by Sierra Pacific Industries. (Attachments: #1 Supplement Certificate of Good Standing)(Davis, Randall) (Filed on 11/4/2019)
November 4, 2019 Filing 37 First MOTION for leave to appear in Pro Hac Vice Lawson E. Fite ( Filing fee $ 310, receipt number 0971-13854463.) filed by Sierra Pacific Industries. (Attachments: #1 Supplement Certificate of Good Standing)(Davis, Randall) (Filed on 11/4/2019)
November 4, 2019 Filing 36 Statement re #32 First MOTION to Intervene Corporate Disclosure Statement by Sierra Pacific Industries. (Davis, Randall) (Filed on 11/4/2019)
November 4, 2019 Filing 35 Proposed Order re #32 First MOTION to Intervene by Sierra Pacific Industries. (Davis, Randall) (Filed on 11/4/2019)
November 4, 2019 Filing 34 Proposed ANSWER to Complaint bySierra Pacific Industries. (Davis, Randall) (Filed on 11/4/2019)
November 4, 2019 Filing 33 Declaration of Kenneth J. Wilde in Support of #32 First MOTION to Intervene filed bySierra Pacific Industries. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #32 ) (Davis, Randall) (Filed on 11/4/2019)
November 4, 2019 Filing 32 First MOTION to Intervene filed by Sierra Pacific Industries. Motion Hearing set for 12/19/2019 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 11/18/2019. Replies due by 11/25/2019. (Davis, Randall) (Filed on 11/4/2019)
November 3, 2019 Filing 31 REPLY in Support (re #18 MOTION for Temporary Restraining Order ) filed by Environmental Protection Information Center. (Voss, Rene) (Filed on 11/3/2019)
November 1, 2019 Filing 30 Declaration of Ann Carlson in Support of #29 Opposition/Response to Motion filed byAnn Carlson, United States Forest Service. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Related document(s) #29 ) (Sullivan, Sally) (Filed on 11/1/2019)
November 1, 2019 Filing 29 OPPOSITION/RESPONSE (re #11 MOTION for Preliminary Injunction ) filed byAnn Carlson, United States Forest Service. (Attachments: #1 Proposed Order)(Sullivan, Sally) (Filed on 11/1/2019)
November 1, 2019 Filing 28 Declaration of Ann Carlson in Support of #26 Opposition/Response to Motion filed byAnn Carlson, United States Forest Service. (Related document(s) #26 ) (Sullivan, Sally) (Filed on 11/1/2019)
November 1, 2019 Filing 27 Declaration of Anthony Saba in Support of #26 Opposition/Response to Motion filed byAnn Carlson, United States Forest Service. (Attachments: #1 Exhibit Response to Plaintiff's Photos)(Related document(s) #26 ) (Sullivan, Sally) (Filed on 11/1/2019)
November 1, 2019 Filing 26 OPPOSITION/RESPONSE (re #18 MOTION for Temporary Restraining Order ) filed byAnn Carlson, United States Forest Service. (Attachments: #1 Proposed Order)(Sullivan, Sally) (Filed on 11/1/2019)
November 1, 2019 Filing 25 DECLARATION of Lauren W. Johnson re #24 Notice (Other) Certifying Preliminary Administrative Record by Ann Carlson, United States Forest Service. (Attachments: #1 Exhibit Index to Preliminary Administrative Record)(Tustin, John) (Filed on 11/1/2019) Modified on 11/5/2019 (slhS, COURT STAFF).
November 1, 2019 Filing 24 NOTICE by Ann Carlson, United States Forest Service Lodging the Preliminary Administrative Record (Tustin, John) (Filed on 11/1/2019)
November 1, 2019 Filing 23 NOTICE of Appearance by John P Tustin (Tustin, John) (Filed on 11/1/2019)
October 31, 2019 Filing 22 CLERK'S NOTICE SCHEDULING HEARING ON MOTION FOR TEMPORARY RESTRAINING. Motion Hearing [#18] set for 11/5/2019 at 03:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Defendants are ordered to respond to Docket No. 18 by Friday, November 1, 2019 at 5:00 P.M. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 10/31/2019)
October 31, 2019 Filing 21 Declaration of Rene Voss in Support of #18 MOTION for Temporary Restraining Order filed byEnvironmental Protection Information Center. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Related document(s) #18 ) (Voss, Rene) (Filed on 10/31/2019)
October 31, 2019 Filing 20 Declaration of Kimberly Baker in Support of #18 MOTION for Temporary Restraining Order filed byEnvironmental Protection Information Center. (Related document(s) #18 ) (Voss, Rene) (Filed on 10/31/2019)
October 31, 2019 Filing 19 Declaration of Thomas Wheeler in Support of #18 MOTION for Temporary Restraining Order filed byEnvironmental Protection Information Center. (Related document(s) #18 ) (Voss, Rene) (Filed on 10/31/2019)
October 31, 2019 Filing 18 MOTION for Temporary Restraining Order filed by Environmental Protection Information Center. (Attachments: #1 Copy of Complaint, #2 Memorandum of Points and Authorities in Support of the Motion, #3 Proposed Temporary Restraining Order)(Voss, Rene) (Filed on 10/31/2019)
October 23, 2019 Opinion or Order Filing 17 Order by Judge Edward M. Chen granting #4 Motion for Pro Hac Vice.(afmS, COURT STAFF) (Filed on 10/23/2019)
October 21, 2019 Filing 16 CLERK'S NOTICE: Hearing re: #11 MOTION for Preliminary Injunction set for 11/14/2019 is VACATED and RESCHEDULED for 12/19/2019 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Briefing remains unchanged. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 10/21/2019)
October 19, 2019 Filing 15 CERTIFICATE OF SERVICE by Environmental Protection Information Center re #1 Complaint, #8 Summons Issued, #10 Case Assigned/Reassigned, Notice of Eligibility for Video Recording, Judge Chen's General and Discovery Standing Orders, and the Court's Standing Order for All Judges (Voss, Rene) (Filed on 10/19/2019)
October 18, 2019 Filing 14 NOTICE of Appearance by Sally Jeanne Sullivan (Sullivan, Sally) (Filed on 10/18/2019)
October 18, 2019 Filing 13 Declaration of Rene Voss in Support of #11 MOTION for Preliminary Injunction filed byEnvironmental Protection Information Center. (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, #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)(Related document(s) #11 ) (Voss, Rene) (Filed on 10/18/2019)
October 18, 2019 Filing 12 Declaration of Kimberly Baker in Support of #11 MOTION for Preliminary Injunction filed byEnvironmental Protection Information Center. (Related document(s) #11 ) (Voss, Rene) (Filed on 10/18/2019)
October 18, 2019 Filing 11 MOTION for Preliminary Injunction filed by Environmental Protection Information Center. Motion Hearing set for 11/14/2019 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 11/1/2019. Replies due by 11/8/2019. (Attachments: #1 Proposed Order Granting Plaintiff's Motion)(Voss, Rene) (Filed on 10/18/2019)
October 18, 2019 Filing 10 Case Reassigned to Judge Edward M. Chen. Magistrate Judge Jacqueline Scott Corley no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. (Attachments: #1 Notice of Eligibility for Video Recording) (as, COURT STAFF) (Filed on 10/18/2019)
October 17, 2019 Filing 9 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ahmS, COURT STAFF) (Filed on 10/17/2019)
October 17, 2019 Filing 8 Summons Issued as to Ann Carlson, United States Forest Service. (Attachments: #1 USFS)(slhS, COURT STAFF) (Filed on 10/17/2019)
October 17, 2019 Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/9/2020. Initial Case Management Conference set for 1/16/2020 01:30 PM in San Francisco, Courtroom F, 15th Floor. (slhS, COURT STAFF) (Filed on 10/17/2019)
October 17, 2019 Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Environmental Protection Information Center.. (Voss, Rene) (Filed on 10/17/2019)
October 16, 2019 Filing 5 Certificate of Interested Entities by Environmental Protection Information Center identifying Other Affiliate Sierra Pacific Industries, Inc., Other Affiliate Sharp Timber Harvesting for Environmental Protection Information Center. These entities are not affiliated with EPIC, but they have purchased timber salvage sales from Defendant U.S. Forest Service, which are the subject of this case. (Voss, Rene) (Filed on 10/16/2019)
October 16, 2019 Filing 4 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13798813.) filed by Environmental Protection Information Center. (Attachments: #1 Good Standing Certificate)(Kenna, Matt) (Filed on 10/16/2019)
October 16, 2019 Filing 3 Case assigned to Magistrate Judge Jacqueline Scott Corley. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 10/30/2019. (bwS, COURT STAFF) (Filed on 10/16/2019)
October 16, 2019 Filing 2 Proposed Summons. (Attachments: #1 Summons (proposed) for USFS)(Voss, Rene) (Filed on 10/16/2019)
October 16, 2019 Filing 1 COMPLAINT for Declaratory and Injunctive Relief against Ann Carlson, United States Forest Service ( Filing fee $ 400, receipt number 0971-13798287.). Filed byEnvironmental Protection Information Center. (Attachments: #1 Civil Cover Sheet)(Voss, Rene) (Filed on 10/16/2019)

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Defendant: United States Forest Service
Represented By: Sally Jeanne Sullivan
Represented By: John P Tustin
Represented By: Shaun Michael Pettigrew
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Defendant: Ann Carlson
Represented By: Sally Jeanne Sullivan
Represented By: John P Tustin
Represented By: Shaun Michael Pettigrew
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Plaintiff: Environmental Protection Information Center
Represented By: Matt Kenna
Represented By: Rene Peter Voss
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Intervenor defendant: Attorney Sierra Pacific Industries
Represented By: Randall H. Davis
Represented By: Lawson Emmett Fite
Represented By: Sara Ghafouri
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