Center for Biological Diversity, Inc. et al v. Bernhardt et al Featured Case

The Center for Biological Diversity and San Francisco Baykeeper filed this lawsuit against the Trump administration, alleging that it is failing to protect several "highly imperiled" species of animals across the country, in violation of the the Endangered Species Act.

Plaintiff: Center for Biological Diversity, Inc. and San Francisco Baykeeper
Defendant: David Bernhardt and Margaret Everson
Case Number: 4:2019cv02843
Filed: May 23, 2019
Court: US District Court for the Northern District of California
Presiding Judge: Jacqueline Scott Corley
Referring Judge: Phyllis J Hamilton
Nature of Suit: Environmental Matters
Cause of Action: 16 U.S.C. § 1538
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 18, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 18, 2020 Opinion or Order Filing 29 ORDER OF DISMISSAL by Judge Phyllis J. Hamilton. (pjhlc1S, COURT STAFF) (Filed on 2/18/2020)
February 12, 2020 Filing 28 STIPULATION WITH PROPOSED ORDER filed by David Bernhardt, Margaret Everson, San Francisco Baykeeper, and Center for Biological Diversity, Inc. (Backer, Davis) (Filed on 2/12/2020) Modified on 2/12/2020 (ajsS, COURT STAFF).
February 6, 2020 Opinion or Order Filing 27 STIPULATION AND ORDER TO MODIFY CASE MANAGEMENT DEADLINES by Judge Phyllis J. Hamilton granting 26 Stipulation. Joint Case Management Statement due by 2/20/2020. Initial Case Management Conference set for 3/19/2020 at 02:00 PM in Oakland, Courtroom 3, 3rd Floor. (kcS, COURT STAFF) (Filed on 2/6/2020)
February 5, 2020 Filing 26 STIPULATION WITH PROPOSED ORDER to Modify Case Management Deadlines filed by David Bernhardt, Margaret Everson, San Francisco Baykeeper and Center for Biological Diversity, Inc. (Attachments: # 1 Declaration)(Backer, Davis) (Filed on 2/5/2020) Modified on 2/6/2020 (ajsS, COURT STAFF).
January 2, 2020 Filing 25 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. YOU ARE HEREBY NOTIFIED that on February 13, 2020 at 2:00 P.M., in Courtroom No. 3 on the 3rd floor of the Federal Building, 1301 Clay Street, Oakland, California, the HONORABLE PHYLLIS J. HAMILTON will conduct an Initial Case Management Conference in this matter. Joint Case Management Statement due by 2/6/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kcS, COURT STAFF) (Filed on 1/2/2020)
October 29, 2019 Filing 24 STATUS REPORT by David Bernhardt, Margaret Everson. (Backer, Davis) (Filed on 10/29/2019)
September 4, 2019 Opinion or Order Filing 23 ORDER by Judge Phyllis J. Hamilton granting 22 Motion to Stay. Status Report due by 10/24/2019. (kcS, COURT STAFF) (Filed on 9/4/2019)
September 3, 2019 Filing 22 UNOPPOSED MOTION to Stay of Proceedings filed by David Bernhardt, Margaret Everson. Responses due by 9/17/2019. Replies due by 9/24/2019. (Attachments: # 1 Proposed Order)(Backer, Davis) (Filed on 9/3/2019) Modified on 9/4/2019 (ajsS, COURT STAFF).
August 29, 2019 Filing 21 CORRECTED ANSWER to Complaint filed by Plaintiffs Center for Biological Diversity, et al. byDavid Bernhardt, Margaret Everson. (Backer, Davis) (Filed on 8/29/2019) Modified on 8/30/2019 (ajsS, COURT STAFF).
August 29, 2019 Filing 20 ***INCORRECT PDF ATTACHED. REFILED AT DKT. 21 ***Defendants' ANSWER to Complaint filed by Center for Biological Diversity, et al. byDavid Bernhardt, Margaret Everson. (Backer, Davis) (Filed on 8/29/2019) Modified on 8/30/2019 (ajsS, COURT STAFF).
August 23, 2019 Filing 19 CLERK'S NOTICE ADVANCING INITIAL CASE MANAGEMENT CONFERENCE. YOU ARE HEREBY NOTIFIED that on September 12, 2019 at 10:00 A.M., in Courtroom No. 3 on the 3rd floor of the Federal Building, 1301 Clay Street, Oakland, California, the HONORABLE PHYLLIS J. HAMILTON will conduct the Initial Case Management Conference previously noticed for 2:00 P.M., in this matter. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kcS, COURT STAFF) (Filed on 8/23/2019)
August 22, 2019 Filing 18 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Loda, Jennifer) (Filed on 8/22/2019)
August 22, 2019 Filing 17 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Backer, Davis) (Filed on 8/22/2019)
July 31, 2019 Opinion or Order Filing 16 ORDER by Judge Phyllis J. Hamilton granting 15 Motion for Extension of Time to Answer re 15 First MOTION for Extension of Time to File Answer to Plaintiffs' Complaint. Answer due August 30, 2019. (kcS, COURT STAFF) (Filed on 7/31/2019)
July 31, 2019 Filing 15 First MOTION for Extension of Time to File Answer to Plaintiffs' Complaint filed by David Bernhardt, Margaret Everson. (Attachments: # 1 Proposed Order)(Backer, Davis) (Filed on 7/31/2019)
July 25, 2019 Electronic filing error. Judge initials are incorrect/missing Re: 13 Summons Returned Executed as to USA filed by Center for Biological Diversity, Inc., San Francisco Baykee per, 14 Notice of Appearance filed by Margaret Everson, David Bernhardt. Counsel need not re-file the document, but should reference the correct judge initials as PJH on future filings. (cpS, COURT STAFF) (Filed on 7/25/2019)
July 24, 2019 Filing 14 NOTICE of Appearance by Davis Aaron Backer (Backer, Davis) (Filed on 7/24/2019)
July 24, 2019 Filing 13 SUMMONS Returned Executed by Center for Biological Diversity, Inc., San Francisco Baykeeper. All Defendants. (Attachments: # 1 Exhibit Proof of Service)(Atwood, Amy) (Filed on 7/24/2019)
June 28, 2019 Opinion or Order Filing 12 ORDER by Judge Phyllis J. Hamilton granting 4 Motion for Pro Hac Vice as to Amy R. Atwood. (kcS, COURT STAFF) (Filed on 6/28/2019)
June 28, 2019 Opinion or Order Filing 11 ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 9/5/2019. Initial Case Management Conference set for 9/12/2019 at 02:00 PM in Oakland, Courtroom 3, 3rd Floor. Signed by Judge Phyllis J. Hamilton on 6/28/19. (kcS, COURT STAFF) (Filed on 6/28/2019)
June 6, 2019 Opinion or Order Filing 10 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Phyllis J. Hamilton for all further proceedings. Magistrate Judge Jacqueline Scott Corley no longer assigned to case. Signed by the Clerk on 6/6/19. (srnS, COURT STAFF) (Filed on 6/6/2019)
June 6, 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. (ahm, COURT STAFF) (Filed on 6/6/2019)
June 6, 2019 Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Center for Biological Diversity, Inc., San Francisco Baykeeper.. (Loda, Jennifer) (Filed on 6/6/2019)
May 30, 2019 Filing 7 Summons Issued as to David Bernhardt, Margaret Everson, U.S. Attorney and U.S. Attorney General (slhS, COURT STAFF) (Filed on 5/30/2019)
May 29, 2019 Filing 6 Proposed Summons. (Attachments: #1 Summons, #2 Summons, #3 Summons)(Loda, Jennifer) (Filed on 5/29/2019)
May 28, 2019 Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/15/2019. Initial Case Management Conference set for 8/22/2019 01:30 PM in San Francisco, Courtroom F, 15th Floor. (slhS, COURT STAFF) (Filed on 5/28/2019)
May 28, 2019 #Electronic filing error Re: #1 Proposed Summonses filed by Center for Biological Diversity, Inc., San Francisco Baykeeper. Incorrect PDF attached. [err201] Wrong Clerk of Court listed on forms (should be Susan Y. Soong). This filing will not be processed by the clerks office. Please re-file correct forms for issuance using <<<< (slhS, COURT STAFF) (Filed on 5/28/2019)
May 23, 2019 Filing 4 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13375333.) filed by Center for Biological Diversity, Inc., San Francisco Baykeeper. (Attachments: #1 Supplement Certificate of Good Standing)(Atwood, Amy) (Filed on 5/23/2019)
May 23, 2019 Filing 3 Certificate of Interested Entities by Center for Biological Diversity, Inc., San Francisco Baykeeper (Loda, Jennifer) (Filed on 5/23/2019)
May 23, 2019 Filing 2 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 6/6/2019. (bwS, COURT STAFF) (Filed on 5/23/2019)
May 23, 2019 Filing 1 COMPLAINT against David Bernhardt, Margaret Everson ( Filing fee $ 400, receipt number 0971-13373596.). Filed byCenter for Biological Diversity, Inc., San Francisco Baykeeper. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(Loda, Jennifer) (Filed on 5/23/2019)
May 23, 2019 Filing 1 COMPLAINT against David Bernhardt, Margaret Everson ( Filing fee $ 400, receipt number 0971-13373596.). Filed byCenter for Biological Diversity, Inc., San Francisco Baykeeper. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Loda, Jennifer) (Filed on 5/23/2019)

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Plaintiff: Center for Biological Diversity, Inc.
Represented By: Amy Rae Atwood
Represented By: Jennifer Lynn Loda
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Plaintiff: San Francisco Baykeeper
Represented By: Amy Rae Atwood
Represented By: Jennifer Lynn Loda
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Defendant: David Bernhardt
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Defendant: Margaret Everson
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