Gescheidt et al v. Haaland et al
| Laura Chariton, Skyler Thomas, Animal Legal Defense Fund and Jack Gescheidt |
| Deb Haaland, Craig Kenkel and Shawn Benge |
| 4:2021cv04734 |
| June 22, 2021 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| Thomas S Hixson |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 |
| None |
Docket Report
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This docket was last retrieved on February 27, 2023. A more recent docket listing may be available from PACER.
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Filing 36
SCHEDULING ORDER: Motions due by 10/25/2021; Response/Cross Motions due by 11/15/2021; Replies/Responses due by 12/6/2021; Replies due by 12/20/2021; and Motion Hearing set for 1/6/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. Signed by Judge Haywood S. Gilliam, Jr. on 8/18/2021. (ndrS, COURT STAFF) (Filed on 8/18/2021)
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Filing 37
Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Further Case Management Conference held on 8/17/2021. Total Time in Court: 12 Minutes. Not Reported. Plaintiff Attorney: Katherine Bornkow and Katherine Meyer. Defendant Attorney: David Devito and Matthew Rand. The Court adopts the schedule proposed by Defendants. The Court sets the following deadlines: October 12, 2021-last day for defendants to file the administrative record; October 25, 2021-plaintiffs to file their dispositive motion; November 15, 2021-defendants to file their opposition to plaintiffs dispositive motion and a cross-motion; December 6, 2021-plaintiffs to file their reply in support of their dispositive motion and their opposition to the defendants cross- motion; and December 20, 2021-defendants to file their reply in support of their cross-motion. Written scheduling order to issue. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 8/17/2021) Modified on 8/20/2021 via zoom (ndrS, COURT STAFF).
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Filing 35
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Barnekow, Katherine) (Filed on 8/17/2021)
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Filing 33
AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants. Filed byJack Gescheidt, Animal Legal Defense Fund, Skyler Thomas, Laura Chariton. (Barnekow, Katherine) (Filed on 8/13/2021)
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Filing 32
**The 6/28/21 Initial Case Management Conference (docket #12) was reported by a court reporter. No audio is available.** AUDIO RECORDINGS ORDER (re: 12 Case Management Conference - Initial,,,,, Set Motion and Deadlines/Hearings,,,, ), by Shawn Benge. Court will send to David M. DeVito at david.devito@usdoj.gov a link to the files requested in this order. Fee waived because filer is USAO, FPD or CJA counsel on this case. (DeVito, David) (Filed on 8/11/2021) Modified on 8/12/2021 (napS, COURT STAFF).
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Filing 31
CLERKS NOTICE SETTING ZOOM HEARING. Notice is hereby given that the Further Case Management Conference scheduled for 8/17/2021 at 2:00 p.m. will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/hsg General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amgS, COURT STAFF) (Filed on 8/11/2021)
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Filing 30
JOINT CASE MANAGEMENT STATEMENT filed by Shawn Benge, Deb Haaland, Craig Kenkel. (DeVito, David) (Filed on 8/10/2021)
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Filing 29
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (DeVito, David) (Filed on 8/10/2021)
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Filing 28
Certificate of Interested Entities by Animal Legal Defense Fund, Laura Chariton, Jack Gescheidt, Skyler Thomas (Barnekow, Katherine) (Filed on 8/9/2021)
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Filing 27
CLERK'S NOTICE RE DOCKET NO. #26 . Notice is hereby given that the case management conference previously set for August 17th will be held telephonically. This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndrS, COURT STAFF) (Filed on 8/3/2021)
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Filing 26
ORDER by Judge Haywood S. Gilliam, Jr. PLAINTIFFS #8 MOTION FOR PRELIMINARY INJUNCTION Case Management Statement due by 8/10/2021 and Further Case Management Conference set for 8/17/2021 02:00 PM in Oakland, Courtroom 2, 4th Floor. (ndrS, COURT STAFF) (Filed on 8/2/2021)
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Filing 34
Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Motion Hearing held on 7/30/2021. Total Time in Court: 31 Minutes. Court Reporter: Pamela Batalo-Hebel. Plaintiff Attorney: Katherine Barnekow. Defendant Attorney: David DeVito and Mattew Rand. Motion for preliminary injunction (docket no. #8 ) is argued and submitted by the parties and taken under submission by the Court. Written order to issue. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 7/30/2021)
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#Electronic filing error. REMINDER TO COUNSEL: Incorrect Event Used. In the future, the correct event is Exhibits. Correct event is found under Civil Events > Motion and Related Filings > Other Supporting Documents. [err101]Corrected by Clerk's Office. No further action is necessary. Re: #24 Declaration in Support filed by Jack Gescheidt, Skyler Thomas, Animal Legal Defense Fund, Laura Chariton, #23 Declaration in Support filed by Jack Gescheidt, Skyler Thomas, Animal Legal Defense Fund, Laura Chariton (bnsS, COURT STAFF) (Filed on 7/30/2021)
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Filing 25
OBJECTIONS to re #24 Declaration in Support, #22 Notice (Other), #23 Declaration in Support by Shawn Benge, Deb Haaland, Craig Kenkel. (DeVito, David) (Filed on 7/29/2021)
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Filing 24
PLAINTIFFS EXHIBIT T: Declaration of Laura Chariton in Support of Motion for Preliminary Injunction filed byAnimal Legal Defense Fund, Laura Chariton, Jack Gescheidt, Skyler Thomas. (Barnekow, Katherine) (Filed on 7/29/2021) Modified on 7/30/2021 (bnsS, COURT STAFF).
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Filing 23
PLAINTIFFS EXHIBIT S: Declaration of Jack Gescheidt in Support of Motion for Preliminary Injunction filed byAnimal Legal Defense Fund, Laura Chariton, Jack Gescheidt, Skyler Thomas. (Barnekow, Katherine) (Filed on 7/29/2021) Modified on 7/30/2021 (bnsS, COURT STAFF).
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Filing 22
NOTICE of Filing of Additional Supplementary Declarations by Animal Legal Defense Fund, Laura Chariton, Jack Gescheidt, Skyler Thomas (Barnekow, Katherine) (Filed on 7/29/2021) Modified on 7/30/2021 (bnsS, COURT STAFF).
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Filing 21
Summons Issued as to Shawn Benge, Deb Haaland, Craig Kenkel. (bnsS, COURT STAFF) (Filed on 7/27/2021)
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Filing 20
CLERK'S NOTICE. Notice is hereby given that a hearing on the #8 MOTION for Temporary Restraining Order and Preliminary Injunction has been set for July 30, 2021, before Judge Haywood S. Gilliam, Jr., at 10:30 a.m. This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndrS, COURT STAFF) (Filed on 7/26/2021)
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Filing 19
REPLY (re #8 MOTION for Temporary Restraining Order and Preliminary Injunction ) filed byAnimal Legal Defense Fund, Laura Chariton, Jack Gescheidt, Skyler Thomas. (Attachments: #1 Appendix Attachment 1: Water Maps, #2 Appendix Attachments 2: Defs' Exhibit, #3 Exhibit List, #4 Exhibit K, #5 Exhibit L, #6 Exhibit M, #7 Exhibit N, #8 Exhibit O, #9 Exhibit P, #10 Exhibit Q, #11 Exhibit R, #12 Proposed Order 1, #13 Proposed Order 2)(Barnekow, Katherine) (Filed on 7/20/2021) Modified on 7/21/2021 (bnsS, COURT STAFF).
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Filing 18
Declaration of Craig Kenkel in Support of #15 Opposition/Response to Motion for Preliminary Injunction filed byShawn Benge, Deb Haaland, Craig Kenkel. (Attachments: #1 Exhibit 1)(Related document(s) #15 ) (DeVito, David) (Filed on 7/14/2021)
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Filing 17
Declaration of Jenny G. Powers, DVM, PhD in Support of #15 Opposition/Response to Motion for Preliminary Injunction filed byShawn Benge, Deb Haaland, Craig Kenkel. (Attachments: #1 Exhibit 1)(Related document(s) #15 ) (DeVito, David) (Filed on 7/14/2021)
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Filing 16
Declaration of David Press in Support of #15 Opposition/Response to Motion for Preliminary Injunction filed byShawn Benge, Deb Haaland, Craig Kenkel. (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, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33)(Related document(s) #15 ) (DeVito, David) (Filed on 7/14/2021)
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Filing 15
OPPOSITION/RESPONSE (re #8 MOTION for Temporary Restraining Order and Preliminary Injunction ) filed byShawn Benge, Deb Haaland, Craig Kenkel. (DeVito, David) (Filed on 7/14/2021)
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Filing 14
ORDER by Judge Haywood S. Gilliam, Jr. granting #13 Motion for Pro Hac Vice re: Katherine Anne Meyer. (jjoS, COURT STAFF) (Filed on 7/14/2021)
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Filing 13
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16176749.) filed by Jack Gescheidt. (Attachments: #1 Exhibit)(Meyer, Katherine) (Filed on 7/14/2021)
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Filing 12
Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Telephonic Initial Case Management Conference held on 6/28/2021. Total Time in Court: 6 minutes. Court Reporter: Diane Skillman. Plaintiff Attorney: Katherine Myer and Katherine Barnekow. Defendant Attorney: David DeVito and Mattew Rand. Parties advise the Court that they met and conferred this morning and have agreed to move forward as a motion for preliminary injunction rather than a temporary restraining order (docket no. 8), with the following briefing schedule: July 14th-defendants opposition is due and July 20th- plaintiffs reply to the opposition is due. The Court adopts the parties schedule and advises that upon receipt of the opposition brief, it will decide whether to set a motion hearing date or take the motion under submission on the papers. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 6/28/2021)
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Filing 11
NOTICE of Appearance by Matthew Philip Rand for Defendants (Rand, Matthew) (Filed on 6/28/2021)
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Filing 10
NOTICE of Appearance by David Michael DeVito for Defendants (DeVito, David) (Filed on 6/25/2021)
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Filing 9
ORDER SETTING CASE MANAGEMENT CONFERENCE. Signed by Judge Haywood S. Gilliam, Jr. on 6/24/2021. Initial Case Management Conference set for 6/28/2021 10:00 AM.This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (ndrS, COURT STAFF) (Filed on 6/24/2021)
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Filing 8
MOTION for Temporary Restraining Order and Preliminary Injunction filed by Animal Legal Defense Fund, Laura Chariton, Jack Gescheidt, Skyler Thomas. (Attachments: #1 Supplement Memorandum in Support, #2 List of Exhibits, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Proposed Order, #14Certificate of Service)(Barnekow, Katherine) (Filed on 6/24/2021) Modified on 6/24/2021 (bnsS, COURT STAFF).
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Filing 7
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Thomas S. Hixson no longer assigned to case,. Signed by Clerk on 06/23/2021. (mbcS, COURT STAFF) (Filed on 6/23/2021)
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Filing 6
Proposed Summons. (Barnekow, Katherine) (Filed on 6/22/2021)
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Filing 5
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. (rmm2S, COURT STAFF) (Filed on 6/22/2021)
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Filing 4
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Animal Legal Defense Fund, Laura Chariton, Jack Gescheidt, Skyler Thomas.. (Barnekow, Katherine) (Filed on 6/22/2021)
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Filing 3
Case assigned to Magistrate Judge Thomas S. Hixson. 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 7/6/2021. (cv, COURT STAFF) (Filed on 6/22/2021)
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Filing 2
Proposed Summons. (Barnekow, Katherine) (Filed on 6/22/2021)
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Filing 1
COMPLAINT for Declaratory and Injunctive Relief against Shawn Benge, Deb Haaland, Craig Kenkel ( Filing fee $ 402, receipt number 0971-16098442.). Filed byJack Gescheidt, Animal Legal Defense Fund, Skyler Thomas, Laura Chariton. (Attachments: #1 Civil Cover Sheet)(Barnekow, Katherine) (Filed on 6/22/2021)
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#Electronic filing error. Please submit one summons with an attachment listing all defendants to be served. Please re-file to correct this issue. Re: #2 Proposed Summons filed by Jack Gescheidt, Skyler Thomas, Animal Legal Defense Fund, Laura Chariton (elyS, COURT STAFF) (Filed on 6/22/2021)
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