Animal Legal Defense Fund v. U.S. Department of Interior et al
| Animal Legal Defense Fund |
| U.S. Fish and Wildlife Service, David Bernhardt, U.S. Secretary of the Interior, U.S. Department of Interior, Wilbur Ross, U.S. Secretary of Commerce, National Marine Fisheries Service, David Bernhardt and Wilbur Ross |
| Pacific Legal Foundation, American Forest Resource Council, Washington Cattlemen's Association, Beaver Creek Buffalo Co., National Cattlemen's Beef Association, American Farm Bureau Federation, Federal Forest Resource Coalition, National Association of Home Builders, National Alliance of Forest Owners, Public Lands Council, Kenneth Klemm and American Petroleum Institute |
| 4:2019cv06812 |
| October 21, 2019 |
| US District Court for the Northern District of California |
| Jon S Tigar |
| Kandis A Westmore |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 |
| None |
Docket Report
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This docket was last retrieved on February 26, 2020. A more recent docket listing may be available from PACER.
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| Filing 54 Minute Entry for proceedings held before Judge Jon S. Tigar: Motion Hearing held on 2/26/2020 re (33 in 4:19-cv-05206-JST) MOTION to Dismiss for Lack of Jurisdiction filed by Wilbur Ross, David Bernhardt, U.S. Fish and Wildlife Service, National Marine Fisheries Service, (46 in 4:19-cv-06013-JST) MOTION to Dismiss for Lack of Jurisdiction filed by United States Fish And Wildlife Service, Wilbur Ross, David Bernhardt, National Marine Fisheries Service, (21 in 4:19-cv-06812-JST) MOTION to Dismiss for Lack of Jurisdiction filed by Wilbur Ross, David Bernhardt, U.S. Fish and Wildlife Service, National Marine Fisheries Service.Total Time in Court: 1 hour 6 minutes. Court Reporter: Diane Skillman. Attachment: minute order. (mllS, COURT STAFF) (Date Filed: 2/26/2020) |
Filing 53
ORDER VACATING HEARING re #35 First MOTION to Intervene As Defendants filed by State of Alabama, State of Nebraska, State of Kansas, State of Arizona, ex rel. Arizona Game and Fish Commission, State of Montana, #24 MOTION to Intervene filed by National Association of Home Builders, American Farm Bureau Federation, Federal Forest Resource Coalition, National Cattlemen's Beef Association, National Alliance of Forest Owners, Public Lands Council, American Petroleum Institute, American Forest Resource Council, #29 MOTION to Intervene filed by Kenneth Klemm, Pacific Legal Foundation, Washington Cattlemen's Association, Beaver Creek Buffalo Co.. Signed by Judge Jon S. Tigar on February 19, 2020. (mllS, COURT STAFF) (Filed on 2/19/2020)
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| Filing 52 NOTICE of Appearance by Charles Timothy Yates (Yates, Charles) (Filed on 2/13/2020) |
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Filing 51
ORDER CONTINUING CASE MANAGEMENT CONFERENCE by Judge Jon S. Tigar granting #50 Stipulation. Case Management Statement due by 4/21/2020. Initial Case Management Conference set for 4/28/2020 02:00 PM in Oakland, Courtroom 6, 2nd Floor.(mllS, COURT STAFF) (Filed on 2/7/2020)
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| Filing 50 STIPULATION WITH PROPOSED ORDER TO RESCHEDULE CASE MANAGEMENT CONFERENCE filed by Animal Legal Defense Fund, David Bernhardt, U.S. Fish and Wildlife Service, Wilbur Ross and National Marine Fisheries Service. (Attachments: #1 Proposed Order)(Roberts, Clement) (Filed on 2/6/2020) Modified on 2/7/2020 (jmlS, COURT STAFF). |
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Filing 49
Order by Judge Jon S. Tigar granting #47 Stipulation to Exceed Page Limitations.(mllS, COURT STAFF) (Filed on 1/27/2020)
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| Filing 48 REPLY (re #21 MOTION to Dismiss for Lack of Jurisdiction ) filed byDavid Bernhardt, National Marine Fisheries Service, Wilbur Ross, U.S. Fish and Wildlife Service. (Eitel, Michael) (Filed on 1/24/2020) |
| Filing 47 STIPULATION WITH PROPOSED ORDER to Exceed Page Limitations filed by David Bernhardt, Wilbur Ross, U.S. Fish and Wildlife Service, Animal Legal Defense Fund. (Howell, Coby) (Filed on 1/23/2020) Modified on 1/23/2020 (jmlS, COURT STAFF). |
| Filing 46 Statement of Non-Opposition re #35 First MOTION to Intervene As Defendants filed byAnimal Legal Defense Fund. (Related document(s) #35 ) (Roberts, Clement) (Filed on 1/21/2020) |
| Filing 45 Statement re #35 First MOTION to Intervene As Defendants (ALDF's Statement of Non-Opposition) by Animal Legal Defense Fund. (Roberts, Clement) (Filed on 1/21/2020) |
| #Electronic filing error. Incorrect event used. [err101] The correct event is Statement of Non-Opposition. The correct event can be found at: Civil Events > Motions and Related Filings > Other Supporting Documents > Statement of Non-Opposition. Please re-file in its entirety. Re: #45 Statement filed by Animal Legal Defense Fund (jmlS, COURT STAFF) (Filed on 1/21/2020) |
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Filing 44
Order by Judge Jon S. Tigar granting #43 Motion for Pro Hac Vice as to Leo John LeSueur.(mllS, COURT STAFF) (Filed on 1/13/2020)
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| Filing 43 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14062258.) filed by State of Arizona, ex rel. Arizona Game and Fish Commission. (LeSueur, Leo) (Filed on 1/13/2020) |
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Filing 42
Order by Judge Jon S. Tigar granting #36 Motion for Pro Hac Vice as to Edmund Gerard LaCour Jr.(mllS, COURT STAFF) (Filed on 1/8/2020)
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Filing 41
Order by Judge Jon S. Tigar granting #37 Motion for Pro Hac Vice as to Alexander Barrett Bowdre.(mllS, COURT STAFF) (Filed on 1/8/2020)
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Filing 40
Order by Judge Jon S. Tigar granting #38 Motion for Pro Hac Vice as to James W. Davis.(mllS, COURT STAFF) (Filed on 1/8/2020)
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| Filing 39 OPPOSITION/RESPONSE (re #21 MOTION to Dismiss for Lack of Jurisdiction ) filed byAnimal Legal Defense Fund. (Attachments: #1 Declaration of Ashley Fetters in Support of Opposition, #2 Declaration of Lisa Garner in Support of Opposition, #3 Declaration of Leslie Patten in Support of Opposition, #4 Declaration of Mark Walden in Support of Opposition, #5 Declaration of Mary Delmoro in Support of Opposition)(Roberts, Clement) (Filed on 1/7/2020) |
| Filing 38 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14045388.) filed by State of Alabama. (Davis, James) (Filed on 1/7/2020) |
| Filing 37 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14045338.) filed by State of Alabama. (Bowdre, Alexander) (Filed on 1/7/2020) |
| Filing 36 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14045203.) filed by State of Alabama. (LaCour, Edmund) (Filed on 1/7/2020) |
| Filing 35 First MOTION to Intervene As Defendants filed by State of Alabama, State of Arizona, ex rel. Arizona Game and Fish Commission, State of Kansas, State of Montana, State of Nebraska. Motion Hearing set for 2/26/2020 02:00 PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. Responses due by 1/21/2020. Replies due by 1/28/2020. (Attachments: #1 Exhibit Proposed Answer, #2 Proposed Order, #3 Declaration Alabama, #4 Declaration Alaska, #5 Declaration Arizona, #6 Declaration Idaho, #7 Declaration Kansas, #8 Declaration Montana, #9 Declaration Nebraska, #10 Declaration West Virginia, #11 Declaration Wyoming)(Beard, Paul) (Filed on 1/7/2020) |
| Filing 34 NOTICE of Appearance by Paul J. Beard, II for Proposed Int.-Def. Alabama, et al. (Beard, Paul) (Filed on 1/7/2020) |
| Filing 33 Statement of Non-Opposition re #24 MOTION to Intervene , #29 MOTION to Intervene filed byAnimal Legal Defense Fund. (Related document(s) #24 , #29 ) (Roberts, Clement) (Filed on 12/27/2019) |
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Filing 32
Order by Judge Jon S. Tigar granting #26 Motion for Pro Hac Vice as to Scott A. Keller.(mllS, COURT STAFF) (Filed on 12/17/2019)
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| Filing 31 NOTICE of Appearance by Damien M. Schiff (Schiff, Damien) (Filed on 12/17/2019) |
| Filing 30 Certificate of Interested Entities by Beaver Creek Buffalo Co., Kenneth Klemm, Pacific Legal Foundation, Washington Cattlemen's Association (Wood, Jonathan) (Filed on 12/17/2019) |
| Filing 29 MOTION to Intervene filed by Beaver Creek Buffalo Co., Kenneth Klemm, Pacific Legal Foundation, Washington Cattlemen's Association. Motion Hearing set for 2/26/2020 02:00 PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. Responses due by 12/31/2019. Replies due by 1/7/2020. (Attachments: #1 Answer, #2 Proposed Order, #3 Declaration of Kenneth Klemm, #4 Declaration of Toni Meacham, #5 Attachment 1 - WCA's rulemaking petition, #6 Attachment 2 - FWS response to WCA petition, #7 Declaration of Todd Gaziano, #8 Attachment 1 - PLF comments on blanket 4(d) rule, #9 Attachment 2 - PLF comments on critical habitat standards)(Wood, Jonathan) (Filed on 12/17/2019) |
| Filing 28 NOTICE of Appearance by Jonathan Wood (Wood, Jonathan) (Filed on 12/17/2019) |
| Filing 27 NOTICE of Appearance by Navtej Singh Dhillon (Dhillon, Navtej) (Filed on 12/13/2019) |
| Filing 26 MOTION for leave to appear in Pro Hac Vice of Scott A. Keller ( Filing fee $ 310, receipt number 0971-13979985.) filed by American Farm Bureau Federation, American Forest Resource Council, American Petroleum Institute, Federal Forest Resource Coalition, National Alliance of Forest Owners, National Association of Home Builders, National Cattlemen's Beef Association, Public Lands Council. (Carr, Christopher) (Filed on 12/13/2019) |
| Filing 25 NOTICE of Appearance by Christopher J. Carr (Carr, Christopher) (Filed on 12/13/2019) |
| Filing 24 MOTION to Intervene filed by American Farm Bureau Federation, American Forest Resource Council, American Petroleum Institute, Federal Forest Resource Coalition, National Alliance of Forest Owners, National Association of Home Builders, National Cattlemen's Beef Association, Public Lands Council. Motion Hearing set for 2/26/2020 02:00 PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. Responses due by 12/27/2019. Replies due by 1/3/2020. (Attachments: #1 Proposed Order Grnting Motion to Intervene, #2 Declaration of Christopher J. Carr in Support of Proposed Defendant-Intervenors' Motion to Intervene, #3 Declaration of Ryan Yates in Support of Proposed Defendant-Intervenors' Motion to Intervene, #4 Declaration of Travis Joseph in Support of Proposed Defendant-Intervenors' Motion to Intervene, #5 Declaration of Stephanie Meadows in Support of Proposed Defendant-Intervenors' Motion to Intervene, #6 Declaration of William Imbergamo in Support of Proposed Defendant-Intervenors' Motion to Intervene, #7 Declaration of William R. Murray in Support of Proposed Defendant-Intervenors' Motion to Intervene, #8 Declaration of Thomas Ward in Support of Proposed Defendant-Intervenors' Motion to Intervene, #9 Declaration of Mary-Thomas Hart in Support of Proposed Defendant-Intervenors' Motion to Intervene, #10 Declaration of Tanner Beymer in Support of Proposed Defendant-Intervenors' Motion to Intervene)(Carr, Christopher) (Filed on 12/13/2019) |
| Filing 23 CLERK'S NOTICE Continuing Motion Hearing.The motion hearing previously set for 2/5/2020 is continued. Set/Reset Deadlines as to (33 in 4:19-cv-05206-JST) MOTION to Dismiss for Lack of Jurisdiction , (46 in 4:19-cv-06013-JST) MOTION to Dismiss for Lack of Jurisdiction , (21 in 4:19-cv-06812-JST) MOTION to Dismiss for Lack of Jurisdiction . Motion Hearing set for 2/26/2020 02:00 PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. (This is a text-only entry generated by the court. There is no document associated with this entry.), (mllS, COURT STAFF) (Filed on 12/9/2019) |
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Filing 22
Order by Judge Jon S. Tigar granting #19 Stipulation to Exceed Page Limitations, Briefing Schedule.(mllS, COURT STAFF) (Filed on 12/9/2019)
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| Set/Reset Deadlines as to #21 MOTION to Dismiss for Lack of Jurisdiction . Responses due by 1/7/2020. Replies due by 1/24/2020. Motion Hearing set for 2/5/2020 02:00 PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. (mllS, COURT STAFF) (Filed on 12/9/2019) |
| Filing 21 MOTION to Dismiss for Lack of Jurisdiction filed by David Bernhardt, National Marine Fisheries Service, Wilbur Ross, U.S. Fish and Wildlife Service. Motion Hearing set for 2/5/2019 02:00 PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. Responses due by 1/7/2019. Replies due by 1/24/2019. (Attachments: #1 Proposed Order)(Howell, Coby) (Filed on 12/6/2019) |
| Filing 20 AFFIDAVIT of Service for Summons, Complaint, and Supplementary Material served on DAVID BERNHARDT, U.S. Secretary of the Interior; U.S. FISH AND WILDLIFE SERVICE; WILBUR ROSS, U.S. Secretary of Commerce; and NATIONAL MARINE FISHERIES SERVICE on 11/04/2019, filed by Animal Legal Defense Fund. (Guerra, Daniel) (Filed on 12/6/2019) |
| Filing 19 STIPULATION WITH PROPOSED ORDER to Exceed Page Limitations, Briefing Schedule filed by David Bernhardt, National Marine Fisheries Service, Wilbur Ross, U.S. Fish and Wildlife Service and Animal Legal Defense Fund. (Howell, Coby) (Filed on 12/5/2019) Modified on 12/5/2019 (jmlS, COURT STAFF). |
| Filing 18 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 2/25/2020 by 5:00 PM. Initial Case Management Conference set for 3/3/2020 2:00 PM in Oakland, Courtroom 6, 2nd Floor. (mllS, COURT STAFF) (Filed on 11/7/2019) |
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Filing 17
ORDER REASSIGNING CASE. Case reassigned to Judge Jon S. Tigar for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to 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. Signed by the Clerk on 11/07/2019. (Attachments: #1 Notice of Eligibility for Video Recording)(ajsS, COURT STAFF) (Filed on 11/7/2019)
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Filing 16
ORDER RELATING CASE 19-cv-05206 to 19-cv-06812. Motions terminated: (29 in 4:19-cv-05206-JST) ADMINISTRATIVE MOTION to Consider Whether Cases Should be Related re: CV-19-6812-KAW filed by Non-Party Animal Legal Defense Fund. Signed by Judge Jon S. Tigar on November 5, 2019. (mllS, COURT STAFF) (Filed on 11/5/2019)
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| Filing 15 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Animal Legal Defense Fund.. (Roberts, Clement) (Filed on 11/4/2019) |
| Filing 14 Summons Issued as to David Bernhardt, National Marine Fisheries Service, Wilbur Ross, U.S. Fish and Wildlife Service, U.S. Attorney and U.S. Attorney General. (jjbS, COURT STAFF) (Filed on 10/31/2019) |
| Filing 13 Summons Returned Unexecuted by Animal Legal Defense Fund as to All Defendants. (Guerra, Daniel) (Filed on 10/30/2019) |
| Filing 12 Proposed Summons. (Guerra, Daniel) (Filed on 10/29/2019) |
| Filing 11 Summons Issued as to David Bernhardt, Wilbur Ross, U.S. Fish and Wildlife Service, U.S. Attorney and U.S. Attorney General (jjbS, COURT STAFF) (Filed on 10/23/2019) |
| #Electronic filing error. REMINDER TO COUNSEL: Counsel is instructed that all future filings shall bear the initials KAW immediately after the case number. Re: #9 No tice of Appearance filed by Animal Legal Defense Fund, #8 Notice of Appearance filed by Animal Legal Defense Fund, #10 Notice of Appearance filed by Animal Legal Defense Fund (jjbS, COURT STAFF) (Filed on 10/23/2019) |
| Filing 10 NOTICE of Appearance by Kourosh Jahansouz (Jahansouz, Kourosh) (Filed on 10/22/2019) |
| Filing 9 NOTICE of Appearance by Daniel Sena Guerra (Guerra, Daniel) (Filed on 10/22/2019) |
| Filing 8 NOTICE of Appearance by Clement S. Roberts (Roberts, Clement) (Filed on 10/22/2019) |
| Filing 7 Proposed Summons. (Roberts, Clement) (Filed on 10/22/2019) |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/14/2020. Initial Case Management Conference set for 1/21/2020 01:30 PM. (jjbS, COURT STAFF) (Filed on 10/22/2019) |
| #Electronic filing error. Only ONE summons will be issued. Please list all defendants on ONE summons and re-file in its entirety. Re: #5 Proposed Summons filed by Animal Legal D efense Fund (jjbS, COURT STAFF) (Filed on 10/22/2019) |
| Filing 5 Proposed Summons. (Roberts, Clement) (Filed on 10/21/2019) |
| Filing 4 Corporate Disclosure Statement by Animal Legal Defense Fund re #1 Complaint, (Roberts, Clement) (Filed on 10/21/2019) |
| Filing 3 Case assigned to Magistrate Judge Kandis A. Westmore. 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 11/4/2019. (ajsS, COURT STAFF) (Filed on 10/21/2019) |
| Filing 2 Civil Cover Sheet by Animal Legal Defense Fund . (Roberts, Clement) (Filed on 10/21/2019) |
| Filing 1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against David Bernhardt, U.S. Secretary of the Interior, National Marine Fisheries Service, U.S. Fish and Wildlife Service, Wilbur Ross, U.S. Secretary of Commerce ( Filing fee $ 400, receipt number 0971-13810584.). Filed by Animal Legal Defense Fund. (Roberts, Clement) (Filed on 10/21/2019) Modified on 10/22/2019 (jjbS, COURT STAFF). |
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