Berenergy Corporation v. BLM, et al
Intervenor Defendant / Appellee: BTU WESTERN RESOURCES INC., SCHOOL CREEK COAL RESOURCES LLC and PEABODY POWDER RIVER MINING LLC
Plaintiff / Appellant: BERENERGY CORPORATION
Defendant / Appellee: BUREAU OF LAND MANAGEMENT
Case Number: 19-8041
Filed: June 11, 2019
Court: U.S. Court of Appeals, Tenth Circuit
Nature of Suit: Other
Docket Report

This docket was last retrieved on August 6, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 6, 2019 [10668731] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. Telephone conference scheduled for 08/20/2019 at 10:00 am (MT). The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. [Please open the Notice for important information.] [19-8041] [Entered: 08/06/2019 01:48 PM]
August 5, 2019 [10668168] Filed notice record is complete. Served on 08/05/2019. Appellants brief and appendix due on 09/16/2019 for Berenergy Corporation. [19-8041] [Entered: 08/05/2019 10:32 AM]
August 2, 2019 [10667775] Order filed by Clerk of the Court referring the jurisdictioinal issue [ # 10656953-2 ] and the parties' responses [ # 10662052-2 ], [ # 10667370-2 ] to the panel of judges that will later be assigned to consider this case on the merits (no ruling will issue at this time). The district court is directed to file a record complete notice within 7 days. See order for additional information. Served on 08/02/2019. [19-8041] [Entered: 08/02/2019 08:13 AM]
August 2, 2019 [10667776] Minute order filed - Notice due that record is complete by 08/09/2019 for Stephan Harris, Clerk of Court. (Text Only - for internall purposes only) [19-8041] [Entered: 08/02/2019 08:14 AM]
July 31, 2019 [10667370] Response filed by Peabody Powder River Mining LLC to June 19, 2019 Order Re: Appellate Jurisdiction. Served on 07/31/2019. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [19-8041] ACL [Entered: 07/31/2019 03:56 PM]
July 31, 2019 [10667381] Appellee/Respondent's jurisdictional memorandum brief filed by BLM. Served on 07/31/2019. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [19-8041] KWM [Entered: 07/31/2019 04:10 PM]
July 31, 2019 [10667486] Notice filed that the transcript was filed by Anne Bowline in district court on 08/01/2019. Manner of Service: email. [19-8041] [Entered: 08/01/2019 08:54 AM]
July 11, 2019 [10662136] Minute order filed - Pursuant to the court's 06/19/2019 order Appellees' memorandum brief is due 07/31/2019 for BTU Western Resources Inc., Bureau of Land Management, Peabody Powder River Mining LLC, and School Creek Coal Resources LLC. (Text Only - No Attachment) [19-8041] [Entered: 07/11/2019 06:48 AM]
July 10, 2019 [10662052] Appellant memorandum brief filed by Berenergy Corporation to June 19, 2019 Order. Served on 07/10/2019. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [19-8041] PCF [Entered: 07/10/2019 04:15 PM]
July 8, 2019 [10661212] Entry of appearance filed by Kevin William McArdle for BLM. CERT. OF INTERESTED PARTIES: y. Served on 07/08/2019. Manner of Service: email. [19-8041] [Entered: 07/08/2019 02:29 PM]
July 8, 2019 [10661208] Entry of appearance submitted by Kevin W. McArdle for Appellee BLM for court review. Certificate of Interested Parties: Yes. Served on 07/08/2019. Manner of Service: email.--[Edited 07/08/2019 by LAB to remove PDF from entry as pleading was filed 7/8/19.] [19-8041] KWM [Entered: 07/08/2019 02:24 PM]
July 2, 2019 [10659852] Transcript order form filed by Anne Bowline. Transcript due 08/01/2019 for Anne Bowline (05/02/2019 proceedings). [19-8041] [Entered: 07/02/2019 09:55 AM]
June 26, 2019 [10658367] Entry of appearance filed by Ms. Thekla Hansen-Young for BLM. CERT. OF INTERESTED PARTIES: y. Served on 06/26/2019. Manner of Service: email [19-8041] [Entered: 06/26/2019 12:26 PM]
June 26, 2019 [10658303] Entry of appearance submitted by Thekla Hansen-Young for Appellee BLM for court review. Certificate of Interested Parties: Yes. Served on 06/26/2019. Manner of Service: email. [19-8041] [Edited to remove PDF as pleading has been filed-- Edited 06/26/2019 by NA] TH [Entered: 06/26/2019 10:48 AM]
June 26, 2019 [10658240] Minute order filed - Transcript order form due 07/10/2019 for Anne Bowline (05/02/2019 proceeding). (Text Only - No Attachment) [19-8041] [Entered: 06/26/2019 07:14 AM]
June 25, 2019 [10658207] Entry of appearance submitted by Mark D. Gibson for Appellees BTU Western Resources Inc., Peabody Powder River Mining LLC and School Creek Coal Resources LLC for court review. Certificate of Interested Parties: No. Served on 06/25/2019. Manner of Service: email.--[Edited 06/25/2019 by LAB to remove PDF from entry as pleading was filed 6/25/19.] [19-8041] MDG [Entered: 06/25/2019 04:25 PM]
June 25, 2019 [10658213] Entry of appearance filed by Mr. Mark D. Gibson for BTU Western Resources Inc., Peabody Powder River Mining LLC and School Creek Coal Resources LLC. CERT. OF INTERESTED PARTIES: n. Served on 06/25/2019. Manner of Service: email. [19-8041] [Entered: 06/25/2019 04:32 PM]
June 25, 2019 [10658218] Acknowledgment of transcript order filed by BTU Western Resources Inc., Peabody Powder River Mining LLC and School Creek Coal Resources LLC. Transcript ordered: Oral Argument regarding Opening Brief held 5/2/2019. Served on: 06/25/2019. Manner of Service: email. [19-8041] MDG [Entered: 06/25/2019 04:38 PM]
June 19, 2019 [10656917] Filed notice record is complete. Served on 06/19/2019. Appellant's brief and appendix due on 07/29/2019 for Berenergy Corporation. [19-8041] [Entered: 06/19/2019 02:27 PM]
June 19, 2019 [10656953] Order filed by Clerk of the Court- Briefing on the merits is suspended pending further order of the court, as the court has identified a possible jurisdictional defect. Appellant's memorandum brief due 07/10/2019 for Berenergy Corporation. Appellees shall file a response memorandum within 21 days of the date of service of appellant's memorandum. Failure to file a timely response may result in dismissal. Served on 06/19/2019. [19-8041] [Entered: 06/19/2019 03:45 PM]
June 18, 2019 [10656524] Notice received from Berenergy Corporation that a transcript is not necessary for this appeal. Served on: 06/18/2019. Manner of Service: email [19-8041] PCF [Entered: 06/18/2019 10:29 AM]
June 18, 2019 [10656523] Entry of appearance submitted by Peter C. Forbes and Darin B. Scheer for Appellant Berenergy Corporation for court review. Certificate of Interested Parties: Yes. Served on 06/18/2019. Manner of Service: email. [19-8041] [Edited to remove PDF as pleading has been filed-- Edited 06/18/2019 by NA] PCF [Entered: 06/18/2019 10:27 AM]
June 18, 2019 [10656520] Docketing statement filed by Berenergy Corporation. Served on 06/18/2019. Manner of Service: email. [19-8041] PCF [Entered: 06/18/2019 10:24 AM]
June 18, 2019 [10656525] Minute order filed - Notice due that record is complete by 06/25/2019 for Stephan Harris, Clerk of Court. (Text Only - No Attachment) [19-8041] [Entered: 06/18/2019 10:35 AM]
June 18, 2019 [10656703] Entry of appearance filed by Mr. Andrew Christopher Lillie and Ms. Elizabeth H. Titus for BTU Western Resources Inc., Peabody Powder River Mining LLC and School Creek Coal Resources LLC. CERT. OF INTERESTED PARTIES: n. Served on 06/18/2019. Manner of Service: email [19-8041] [Entered: 06/18/2019 04:46 PM]
June 18, 2019 [10656532] Entry of appearance filed by Mr. Peter C. Forbes and Mr. Darin B. Scheer for Berenergy Corporation. CERT. OF INTERESTED PARTIES: n. Served on 06/18/2019. Manner of Service: email [19-8041] [Entered: 06/18/2019 10:46 AM]
June 18, 2019 [10656702] Entry of appearance submitted by Andrew C. Lillie and Elizabeth H. Titus for Appellees BTU Western Resources Inc., School Creek Coal Resources LLC and Peabody Powder River Mining LLC for court review. Certificate of Interested Parties: No. Served on 06/18/2019. Manner of Service: email. [19-8041]--[Edited 06/18/2019 by LG to remove PDF from entry, as pleading was filed on 6/18/2019] ACL [Entered: 06/18/2019 04:41 PM]
June 11, 2019 [10654965] Civil case docketed. Preliminary record filed. DATE RECEIVED: 06/11/2019. Docketing statement due 06/25/2019 for Berenergy corporation. Transcript order form due 06/25/2019 for Berenergy corporation. Notice of appearance due on 06/25/2019 for BTU Western Resources Inc., Berenergy corporation, Bureau of Land Management, Peabody Powder River Mining LLC and School Creek Coal Resources LLC [19-8041] [Entered: 06/11/2019 11:48 AM]

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Search for this case: Berenergy Corporation v. BLM, et al
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Intervenor defendant / appellee: BTU WESTERN RESOURCES INC.
Represented By: Elizabeth H. Titus
Represented By: Mark D. Gibson
Represented By: Elizabeth A. Och
Represented By: Scot William Anderson
Represented By: Andrew Christopher Lillie
Represented By: Jeffrey Scott Pope
Represented By: Thomas L. Sansonetti
Represented By: Matt J. Micheli
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Intervenor defendant / appellee: SCHOOL CREEK COAL RESOURCES LLC
Represented By: Elizabeth H. Titus
Represented By: Mark D. Gibson
Represented By: Elizabeth A. Och
Represented By: Brian R. Herman
Represented By: Scot William Anderson
Represented By: Andrew Christopher Lillie
Represented By: Jeffrey Scott Pope
Represented By: Thomas L. Sansonetti
Represented By: Matt J. Micheli
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Intervenor defendant / appellee: PEABODY POWDER RIVER MINING LLC
Represented By: Elizabeth H. Titus
Represented By: Mark D. Gibson
Represented By: Elizabeth A. Och
Represented By: Scot William Anderson
Represented By: Andrew Christopher Lillie
Represented By: Jeffrey Scott Pope
Represented By: Thomas L. Sansonetti
Represented By: Matt J. Micheli
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Plaintiff / appellant: BERENERGY CORPORATION
Represented By: Darin B. Scheer
Represented By: Timothy L. Woznick
Represented By: Peter C. Forbes
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Defendant / appellee: BUREAU OF LAND MANAGEMENT
Represented By: Nicholas Vassallo
Represented By: Brian R. Herman
Represented By: Thekla Hansen-Young
Represented By: Kevin William McArdle
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