Town of Barnstable, MA v. FAA

Town of Barnstable, MA v. FAA

Petitioner:	Town of Barnstable, Massachusetts
Respondent:	Federal Aviation Administration
Intervenor:	Cape Wind Associates, LLC
Case Number:	12-1362
Filed:	August 22, 2012
Court:	U.S. Court of Appeals, D.C. Circuit
Nature of Suit:	Other

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Docket Report

This docket was last retrieved on March 19, 2014. A more recent docket listing may be available from PACER.

Date Filed	Document Text
March 19, 2014	MANDATE ISSUED to Federal Aviation Administration [12-1362, 12-1363] [Entered: 03/19/2014 09:16 AM]
January 22, 2014	OPINION filed [1476052] (Pages: 19) for the Court by Judge Rogers [12-1362, 12-1363] [Entered: 01/22/2014 02:01 PM]
January 22, 2014	PER CURIAM JUDGMENT filed [1476050] that the petitions for review are denied for the reasons in the accompanying opinion . Before Judges: Garland, Rogers and Brown. [12-1362, 12-1363] [Entered: 01/22/2014 01:59 PM]
January 22, 2014	CLERK'S ORDER filed [1476053] withholding issuance of the mandate. [12-1362, 12-1363] [Entered: 01/22/2014 02:02 PM]
October 8, 2013	ORAL ARGUMENT HELD before Judges Garland, Rogers and Brown. [12-1362, 12-1363] [Entered: 10/08/2013 10:49 AM]
October 2, 2013	PER CURIAM ORDER filed [1459195] denying respondent's motion to postpone oral argument in light of the lapse of appropriations [ # 1458893-2 ]. This case remains scheduled for oral argument on October 8, 2013. Before Judges: Garland, Rogers and Brown. [12-1362, 12-1363] [Entered: 10/02/2013 12:54 PM]
October 1, 2013	MOTION filed [1458893] by FAA in 12-1362, 12-1363 to postpone oral argument (Response to Motion served by mail due on 10/15/2013) [Service Date: 10/01/2013 by CM/ECF NDA] Pages: 1-10. [12-1362, 12-1363] (Lenerz, Daniel) [Entered: 10/01/2013 11:00 AM]
September 30, 2013	FORM 72 submitted by arguing attorney, Daniel J. Lenerz, on behalf of Respondent FAA in 12-1362, 12-1363. [12-1362, 12-1363] (Lenerz, Daniel) [Entered: 09/30/2013 11:28 AM]
September 30, 2013	FORM 72 submitted by arguing attorney, Christopher H. Marraro, on behalf of Intervenor for Respondent Cape Wind Associates, LLC in 12-1362. [12-1362, 12-1363] (Edens, Geraldine) [Entered: 09/30/2013 03:17 PM]
September 27, 2013	FORM 72 submitted by arguing attorney, W. Eric Pilsk, on behalf of Petitioner Town of Barnstable, Massachusetts in 12-1362. [12-1362, 12-1363] (Pilsk, W.) [Entered: 09/27/2013 12:01 PM]
September 26, 2013	PER CURIAM ORDER filed [1458260] allocating oral argument time as follows: Petitioners -- 20 Minutes, Respondent -- 20 Minutes; directing party to file Form 72 notice of arguing attorney - due 10/01/2013 [12-1362, 12-1363] [Entered: 09/26/2013 09:54 AM]
July 3, 2013	CLERK'S ORDER filed [1445110] scheduling oral argument before Judges GARLAND, ROGERS, BROWN Tuesday, 10/08/2013 AM [12-1362, 12-1363] [Entered: 07/03/2013 12:21 PM]
March 20, 2013	RESPONDENT FINAL BRIEF [1426371] filed by FAA in 12-1362, 12-1363 [Service Date: 03/20/2013 ] Length of Brief: 13,905 words. [12-1362, 12-1363] (Lenerz, Daniel) [Entered: 03/20/2013 11:44 AM]
March 20, 2013	INTERVENOR FOR RESPONDENT FINAL BRIEF [1426375] filed by Cape Wind Associates, LLC [Service Date: 03/20/2013 ] Length of Brief: 8,578 words. [12-1362, 12-1363] (Edens, Geraldine) [Entered: 03/20/2013 11:53 AM]
March 20, 2013	JOINT PETITIONER FINAL BRIEF [1426379] filed by Town of Barnstable, Massachusetts in 12-1362, Alliance to Protect Nantucket Sound in 12-1363 [Service Date: 03/20/2013 ] Length of Brief: 13889. [12-1362, 12-1363] (Pilsk, W.) [Entered: 03/20/2013 12:47 PM]
March 20, 2013	JOINT PETITIONER FINAL REPLY BRIEF [1426381] filed by Town of Barnstable, Massachusetts in 12-1362, Alliance to Protect Nantucket Sound in 12-1363 [Service Date: 03/20/2013 ] Length of Brief: 6990. [12-1362, 12-1363] (Pilsk, W.) [Entered: 03/20/2013 12:49 PM]
March 6, 2013	INCORRECT DOCKET ENTRY-DISREGARD-- JOINT APPENDIX [1423807] filed [Volumes: 2] [Service Date: 03/06/2013 ] [12-1362, 12-1363]--[Edited 03/07/2013 by LMC] (Pilsk, W.) [Entered: 03/06/2013 06:59 PM]
March 6, 2013	INCORRECT DOCKET ENTRY-DISREGARD-- JOINT APPENDIX [1423809] filed [Volumes: 2] [Service Date: 03/06/2013 ] [12-1362, 12-1363]--[Edited 03/07/2013 by LMC] (Pilsk, W.) [Entered: 03/06/2013 07:19 PM]
March 6, 2013	JOINT APPENDIX [1423898] filed [Volumes: 2] [Service Date: 03/06/2013 ] [12-1362, 12-1363] [Entered: 03/07/2013 11:34 AM]
February 27, 2013	PETITIONER REPLY BRIEF [1422682] filed by Town of Barnstable, Massachusetts in 12-1362, Alliance to Protect Nantucket Sound in 12-1363 [Service Date: 02/27/2013 ] Length of Brief: 6990. [12-1362, 12-1363] (Pilsk, W.) [Entered: 02/27/2013 04:11 PM]
February 14, 2013	INTERVENOR FOR RESPONDENT BRIEF [1420480] filed by Cape Wind Associates, LLC [Service Date: 02/13/2013 ] Length of Brief: 8,578. [12-1362, 12-1363] (Edens, Geraldine) [Entered: 02/14/2013 10:11 AM]
February 13, 2013	INCORRECT DOCKET ENTRY-DISREGARD--INTERVENOR FOR RESPONDENT BRIEF [1420390] filed by Cape Wind Associates, LLC [Service Date: 02/13/2013 ] Length of Brief: 8,578 words. [12-1362, 12-1363]--[Edited 02/14/2013 by LMC] (Edens, Geraldine) [Entered: 02/13/2013 04:32 PM]
January 29, 2013	RESPONDENT BRIEF [1417802] filed by FAA in 12-1362, 12-1363 [Service Date: 01/28/2013 ] Length of Brief: 13,901 words. [12-1362, 12-1363] (Lenerz, Daniel) [Entered: 01/29/2013 03:42 PM]
January 14, 2013	CLERK'S ORDER filed [1414919] granting respondent's unopposed motion to extend time to file its brief [ # 1414698-2 ], The following revised briefing schedule will now apply: RESPONDENT Brief due on 01/29/2013. INTERVENOR for RESPONDENT Brief due 02/13/2013. PETITIONERS Reply Brief due 02/27/2013. Deferred Appendix due 03/06/2013. Final Briefs due 03/20/2013. [12-1362, 12-1363] [Entered: 01/14/2013 10:51 AM]
January 11, 2013	UNOPPOSED MOTION filed [1414698] by FAA in 12-1362, 12-1363 to extend time to file brief to 01/29/2013. [Service Date: 01/11/2013 ] Pages: 1-10. [12-1362, 12-1363] (Lenerz, Daniel) [Entered: 01/11/2013 11:50 AM]
December 17, 2012	JOINT PETITIONER BRIEF [1410594] filed by Town of Barnstable, Massachusetts in 12-1362, Alliance to Protect Nantucket Sound in 12-1363 [Service Date: 12/17/2012 ] Length of Brief: 13,880 Words. [12-1362, 12-1363] (Pilsk, W.) [Entered: 12/17/2012 04:53 PM]
December 12, 2012	AMENDED CERTIFIED INDEX TO RECORD [1409598] by FAA in 12-1362, 12-1363 [Service Date: 12/12/2012 ] [12-1362, 12-1363] (Lenerz, Daniel) [Entered: 12/12/2012 11:44 AM]
December 6, 2012	CLERK'S ORDER filed [1408555] granting the joint motion to extend time to file the briefs [ # 1408253-2 ], The following revised briefing schedule will now apply: PETITIONER Brief due 12/17/2012. RESPONDENT Brief due on 01/22/2013. INTERVENOR for RESPONDENT Brief due 02/06/2013. PETITIONER Reply Brief due 02/20/2013. Deferred Appendix due 02/27/2013. Final Briefs due 03/13/2013. [12-1362, 12-1363] [Entered: 12/06/2012 09:58 AM]
December 4, 2012	JOINT UNOPPOSED MOTION filed [1408253] by FAA in 12-1362, 12-1363 to extend time to file brief to 12/17/2012. [Service Date: 12/04/2012 ] Pages: 1-10. [12-1362, 12-1363] (Lenerz, Daniel) [Entered: 12/04/2012 03:12 PM]
November 27, 2012	PER CURIAM ORDER filed [1406769] denying petitioners' motion to assign case to prior panel [ # 1402550-2 ] Before Judges: Tatel, Brown and Williams. [12-1362, 12-1363] [Entered: 11/27/2012 11:39 AM]
November 8, 2012	AMENDED CERTIFIED INDEX TO RECORD [1403941] by FAA in 12-1362, 12-1363 [Service Date: 11/08/2012 ] [12-1362, 12-1363] (Lenerz, Daniel) [Entered: 11/08/2012 02:09 PM]
November 1, 2012	MODIFIED SERVICE DATE-- JOINT MOTION filed [1402550] by Town of Barnstable, Massachusetts in 12-1362, Alliance to Protect Nantucket Sound in 12-1363 to assign prior panel (Response to Motion served by mail due on 11/16/2012) [Service Date: 11/01/2012 by CM/ECF NDA, Email] Pages: 1-10. [12-1362, 12-1363]--[Edited 11/02/2012 by LMC] (Pilsk, W.) [Entered: 11/01/2012 01:07 PM]
October 26, 2012	CLERK'S ORDER filed [1401811] setting briefing schedule: PETITIONER Brief due 12/10/2012. RESPONDENT Brief due on 01/09/2013. INTERVENOR for RESPONDENT Brief due 01/24/2013. PETITIONER Reply Brief due 02/07/2013. Deferred Appendix due 02/14/2013. Final Briefs due 02/28/2013. [12-1362, 12-1363] [Entered: 10/26/2012 10:15 AM]
October 10, 2012	CLERK'S ORDER filed [1398890] granting motion for leave to intervene. [ # 1392990-2 ] [12-1362, 12-1363] [Entered: 10/10/2012 01:23 PM]
October 9, 2012	CERTIFIED INDEX TO RECORD [1398728] by FAA in 12-1362, 12-1363 [Service Date: 10/09/2012 ] [12-1362, 12-1363] (Lenerz, Daniel) [Entered: 10/09/2012 03:35 PM]
September 21, 2012	DOCKETING STATEMENT FILED [1395867] by Town of Barnstable, Massachusetts [Service Date: 09/21/2012 ] [12-1362] (Pilsk, W.) [Entered: 09/21/2012 02:21 PM]
September 21, 2012	CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES FILED [1395864] by Town of Barnstable, Massachusetts [Service Date: 09/21/2012 ] [12-1362] (Pilsk, W.) [Entered: 09/21/2012 02:19 PM]
September 21, 2012	ENTRY OF APPEARANCE filed [1395762] by Daniel J. Lenerz and co-counsel Michael Jay Singer on behalf of Respondent FAA in 12-1362, 12-1363. [12-1362, 12-1363] (Lenerz, Daniel) [Entered: 09/21/2012 10:22 AM]
September 21, 2012	STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL FILED [1395869] by Town of Barnstable, Massachusetts [Service Date: 09/21/2012 ] Intent: AppxDeferred [12-1362] (Pilsk, W.) [Entered: 09/21/2012 02:22 PM]
September 21, 2012	DOCKETING STATEMENT FILED [1395904] by Alliance to Protect Nantucket Sound in 12-1363 [Service Date: 09/21/2012 ] [12-1363, 12-1362] (Lemley, Charles) [Entered: 09/21/2012 03:19 PM]
September 21, 2012	STATEMENT OF ISSUES FILED [1395902] by Alliance to Protect Nantucket Sound in 12-1363 [Service Date: 09/21/2012 ] [12-1363, 12-1362] (Lemley, Charles) [Entered: 09/21/2012 03:17 PM]
September 21, 2012	STATEMENT OF ISSUES FILED [1395870] by Town of Barnstable, Massachusetts [Service Date: 09/21/2012 ] [12-1362] (Pilsk, W.) [Entered: 09/21/2012 02:24 PM]
September 5, 2012	MODIFIED PARTY FILER--MOTION filed [1392990] by Cape Wind Associates, LLC for leave to intervene [Disclosure Listing: Attached] [Service Date: 09/05/2012 ] [12-1362, 12-1363]--[Edited 09/06/2012 by LMC] (Edens, Geraldine) [Entered: 09/05/2012 04:33 PM]
August 22, 2012	PETITION FOR REVIEW filed [1390730] by Town of Barnstable, Massachusetts of a decision by federal agency [Service Date: 08/22/2012 ] Disclosure Statement: Not Applicable to this Party; Certificate of Parties: Not Applicable to this Filing. [12-1362] [Entered: 08/22/2012 01:47 PM]
August 22, 2012	CERTIFIED COPY [1390732] of Petition for Review sent to FAA respondent [ # 1390730-2 ] [12-1362] [Entered: 08/22/2012 01:48 PM]
August 22, 2012	CLERK'S ORDER filed [1390734] directing party to file initial submissions: PETITIONER docketing statement due 09/21/2012. PETITIONER certificate as to parties, etc. due 09/21/2012. PETITIONER statement of issues due 09/21/2012. PETITIONER underlying decision due 09/21/2012. PETITIONER deferred appendix statement due 09/21/2012. PETITIONER procedural motions due 09/21/2012. PETITIONER dispositive motions due 10/09/2012; directing party to file initial submissions: RESPONDENT entry of appearance due 09/21/2012. RESPONDENT procedural motions due 09/21/2012. RESPONDENT certified index to record due 10/09/2012. RESPONDENT dispositive motions due 10/09/2012 [12-1362] [Entered: 08/22/2012 01:50 PM]
August 22, 2012	CLERK'S ORDER filed [1390743] consolidating cases 12-1363 (Consolidation started 08/22/2012) with 12-1362; directing party to file in 12-1363 initial submissions: PETITIONER docketing statement due 09/21/2012. PETITIONER statement of issues due 09/21/2012 [12-1362, 12-1363] [Entered: 08/22/2012 02:02 PM]
August 22, 2012	PETITION FOR REVIEW CASE docketed. [12-1362] [Entered: 08/22/2012 01:43 PM]

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Search for this case: Town of Barnstable, MA v. FAA
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Petitioner: Town of Barnstable, Massachusetts
Represented By:	W. Eric Pilsk
Represented By:	Catherine Margot van Heuven
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Intervenor: Cape Wind Associates, LLC
Represented By:	Geraldine E. Edens
Represented By:	Christopher Howard Marraro Esquire
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Respondent: Federal Aviation Administration
Represented By:	Michael Jay Singer
Represented By:	Richard Harper Saltsman
Represented By:	Vicki Sherman Leemon
Represented By:	Stuart F. Delery
Represented By:	Daniel Joseph Lenerz
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