WildEarth Guardians et al v. Bernhardt et al
Defendant: Glenda Owens, United States Office of Surface Mining Reclamation and Enforcement, David Bernhardt, David Berry and Joseph Balash
Petitioner: Wilderness Workshop, Center for Biological Diversity, WildEarth Guardians, High Country Conservation Advocates and Sierra Club
Respondent: David L. Bernhardt and Mountain Coal Company LLC
Case Number: 1:2019cv01920
Filed: July 2, 2019
Court: US District Court for the District of Colorado
Presiding Judge: R Brooke Jackson
Nature of Suit: Environmental Matters
Cause of Action: 30 U.S.C. § 181
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 8, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 22, 2019 Filing 28 ADMINISTRATIVE RECORD (Text Only Entry - Available in other format at the Clerk's Office) by Respondents Joseph Balash, David L. Bernhardt, David Berry, Glenda Owens. TEXT ONLY ENTRY (angar, )
August 21, 2019 Filing 27 NOTICE of Lodging the Administrative Record by Respondents Joseph Balash, David L. Bernhardt, David Berry, Glenda Owens, United States Office of Surface Mining Reclamation and Enforcement (Most, John)
August 19, 2019 Filing 26 ADM Plaintiffs' Opening Brief by Petitioners Center for Biological Diversity, High Country Conservation Advocates, Sierra Club, WildEarth Guardians, Wilderness Workshop. (Attachments: #1 Affidavit Nichols Standing Affidavit, #2 Affidavit Melton Standing Affidavit, #3 Affidavit Reed Standing Affidavit, #4 Affidavit Hart Standing Affidavit, #5 Exhibit Rosebud Mine ROD, #6 Exhibit Spring Creek Mine Public Notice, #7 Exhibit Centralia Mine Public Notice)(Timmons, Daniel)
July 30, 2019 Filing 25 NOTICE of Serving the Administrative Record on the Parties by Respondents Joseph Balash, David L. Bernhardt, David Berry, Glenda Owens, United States Office of Surface Mining Reclamation and Enforcement (Most, John)
July 29, 2019 Filing 24 SUMMONS Returned Executed upon Federal defendant(s) Joseph Balash served on 7/12/2019, answer due 9/10/2019; David L. Bernhardt served on 7/12/2019, answer due 9/10/2019; David Berry served on 7/12/2019, answer due 9/10/2019; Glenda Owens served on 7/12/2019, answer due 9/10/2019; United States Office of Surface Mining Reclamation and Enforcement served on 7/12/2019, answer due 9/10/2019. (Timmons, Daniel)
July 19, 2019 Opinion or Order Filing 23 ORDER withdrawing #3 Motion for Preliminary Injunction. See ECF Nos. 21 and 22. By Judge R. Brooke Jackson on 7/19/19. Text Only Entry(rbjsec. )
July 19, 2019 Opinion or Order Filing 22 ORDER granting #21 Joint MOTION for Hearing/Conference Briefing Schedule, and Contingent Motion to Withdraw Motion for Preliminary Injunction. Deadline for Federal Defendants to serve the administrative record on the parties is July 30, 2019; Deadline for Plaintiffs Opening Brief is August 19, 2019; Deadline for Federal Defendants and Intervenors Response Briefs is September 6, 2019; Deadline for Plaintiffs Reply Brief is September 20, 2019. A half-day Hearing on the merits is set for October 17, 2019 at 1:30 PM in Courtroom A 902 before Judge R. Brooke Jackson. By Judge R. Brooke Jackson on 7/19/19. Text Only Entry(rbjsec.)
July 17, 2019 Filing 21 Joint MOTION for Hearing/Conference Briefing Schedule, and Contingent Motion to Withdraw Motion for Preliminary Injunction by Respondents Joseph Balash, David L. Bernhardt, David Berry, Mountain Coal Company LLC, Glenda Owens, United States Office of Surface Mining Reclamation and Enforcement, Petitioners Center for Biological Diversity, High Country Conservation Advocates, Sierra Club, WildEarth Guardians, Wilderness Workshop. (Timmons, Daniel)
July 11, 2019 Opinion or Order Filing 20 MINUTE ORDER re: #3 MOTION for Preliminary Injunction. A half-day Hearing is set for 9/4/2019 at 9:00 AM in Courtroom A 902 before Judge R. Brooke Jackson. By Judge R. Brooke Jackson on 7/11/19. Text Only Entry (rbjsec. )
July 8, 2019 Opinion or Order Filing 19 MINUTE ORDER re: #3 MOTION for Preliminary Injunction. The Court requests that the parties confer and set a briefing schedule for the motion for preliminary injunction. Once the parties have agreed to a briefing schedule, counsel is directed to jointly contact Chambers at (303) 844-4694 or Jackson_chambers@cod.uscourts.gov to set a preliminary injunction hearing. By Judge R. Brooke Jackson on 7/8/19. Text Only Entry (rbjsec.)
July 8, 2019 Opinion or Order Filing 18 ORDER granting #11 Unopposed MOTION to Intervene as a Respondent by Interested Party Mountain Coal Company LLC. By Judge R. Brooke Jackson on 7/8/19. Text Only Entry(rbjsec. )
July 5, 2019 Filing 17 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #3 MOTION for Preliminary Injunction , #2 Notice (Other) filed by attorney Daniel Lloyd Timmons. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (athom, )
July 5, 2019 Filing 16 SUMMONSES issued by Clerk. (athom, )
July 5, 2019 Filing 15 MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Judge R. Brooke Jackson. All future pleadings should be designated as 19-cv-01920-RBJ. (athom, )
July 3, 2019 Opinion or Order Filing 14 ORDER DIRECTING REASSIGNMENT. IT IS ORDERED that the clerk of the court shall assign this case to a judge for resolution on the merits under the random assignment procedure of D.C.COLO.LCiv.R 40.1. By Judge Robert E. Blackburn on 07/03/2019. This case is randomly reassigned to Judge Robert E. Blackburn. All future pleadings should be designated as 19-cv-01920-REB. (athom, )
July 3, 2019 Filing 13 NOTICE of Entry of Appearance by Sarah Elizabeth Goldberg on behalf of Mountain Coal Company LLCAttorney Sarah Elizabeth Goldberg added to party Mountain Coal Company LLC(pty:intv) (Goldberg, Sarah)
July 3, 2019 Filing 12 NOTICE of Entry of Appearance by Michael Robert Drysdale on behalf of Mountain Coal Company LLC (Drysdale, Michael)
July 3, 2019 Filing 11 Unopposed MOTION to Intervene as a Respondent by Interested Party Mountain Coal Company LLC. (Drysdale, Michael) Modified on 7/3/2019 to correct filer text (athom, ).
July 3, 2019 Filing 10 NOTICE of Entry of Appearance of John S. Most on behalf of Federal Defendants by John S. Most on behalf of Joseph Balash, David L. Bernhardt, David Berry, Glenda Owens, United States Office of Surface Mining Reclamation and EnforcementAttorney John S. Most added to party Joseph Balash(pty:res), Attorney John S. Most added to party David L. Bernhardt(pty:res), Attorney John S. Most added to party David Berry(pty:res), Attorney John S. Most added to party Glenda Owens(pty:res), Attorney John S. Most added to party United States Office of Surface Mining Reclamation and Enforcement(pty:res) (Most, John)
July 3, 2019 Filing 9 SUMMONS REQUEST as to David Bernhardt, in his official capacity; U.S. Office of Surface Mining; Joseph Balash, in his official capacity; Glenda Owens, in her official capacity; David Berry, in his official capacity; Attorney General William Bar; US Attorney - District of Colorado by Petitioners Center for Biological Diversity, High Country Conservation Advocates, Sierra Club, WildEarth Guardians, Wilderness Workshop. (Attachments: #1 Summons OSM, #2 Summons Balash, #3 Summons Owens, #4 Summons Berry, #5 Summons AG Barr, #6 Summons US Attorney)(Timmons, Daniel)
July 3, 2019 Filing 8 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). The summons submitted are incomplete and not issued. All parties must be listed on the caption. Please file completed summons for issuance using the event Summons Request. (rvill, )
July 3, 2019 Filing 7 Case assigned to Judge Robert E. Blackburn. Text Only Entry. (rvill, )
July 3, 2019 Filing 6 Filing fee: $ 400.00, receipt number COX090960. Text Only Entry. (rvill, )
July 2, 2019 Filing 5 Administrative Notice: No filing fee received with case opening. Attorney contacted with instructions to submit filing fee within 3 hours. (Text Only Entry) (rroge, )
July 2, 2019 Filing 4 NOTICE of Related Cases by Secretary of the Interior David L. Bernhardt, the United States Office of Surface Mining Reclamation and Enforcementand, and other named defendants by Defendants Joseph Balash, David Bernhardt, David Berry, United States Office of Surface Mining Reclamation and Enforcement, Petitioner Sierra Club (Attachments: #1 Exhibit Determination of NEPA Adequacy)(Most, John)
July 2, 2019 Filing 3 WITHDRAWN - MOTION for Preliminary Injunction by Petitioners Center for Biological Diversity, High Country Conservation Advocates, Sierra Club, WildEarth Guardians, Wilderness Workshop. (Attachments: #1 Exhibit Memorandum in Support of Motion for Preliminary Injunction, #2 Exhibit Ex. 1, #3 Exhibit Ex. 2, #4 Exhibit Ex. 3, #5 Exhibit Ex. 4, #6 Exhibit Ex. 5, #7 Exhibit Ex. 6, #8 Exhibit Ex. 7, #9 Exhibit Ex. 8, #10 Exhibit Ex. 9, #11 Exhibit Ex. 10, #12 Exhibit Ex. 11, #13 Exhibit Ex. 12, #14 Exhibit Ex. 13, #15 Exhibit Ex. 14, #16 Exhibit Ex. 15, #17 Exhibit Ex. 16, #18 Exhibit Ex. 17, #19 Exhibit Ex. 18, #20 Exhibit Ex. 19, #21 Exhibit Ex. 20, #22 Exhibit Ex. 21, #23 Exhibit Ex. 22, #24 Exhibit Ex. 23, #25 Exhibit Ex. 24, #26 Exhibit Ex. 25, #27 Exhibit Ex. 26, #28 Exhibit Ex. 27, #29 Exhibit Ex. 28, #30 Exhibit Ex. 29)(Timmons, Daniel) Modified on 7/22/2019 to withdraw pursuant to 23 Order (dkals, ).
July 2, 2019 Filing 2 NOTICE of Related Case by Petitioners Center for Biological Diversity, High Country Conservation Advocates, Sierra Club, WildEarth Guardians, Wilderness Workshop (Timmons, Daniel)
July 2, 2019 Filing 1 COMPLAINT Petition for Review of Agency Action against Joseph Balash, David Bernhardt, David Berry, Glenda Owens, United States Office of Surface Mining Reclamation and Enforcement (Filing fee $ 400).Attorney Daniel Lloyd Timmons added to party WildEarth Guardians(pty:pet), filed by Center for Biological Diversity, High Country Conservation Advocates, Sierra Club, WildEarth Guardians, Wilderness Workshop. (Attachments: #1 Civil Cover Sheet, #2 Summons Joseph Balash, #3 Summons David Berry, #4 Summons OSM, #5 Summons AG William Barr, #6 Summons US Attorney, #7 Summons David Bernhardt)(Timmons, Daniel)

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Petitioner: Wilderness Workshop
Represented By: Nathaniel Shoaff
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Petitioner: Center for Biological Diversity
Represented By: Nathaniel Shoaff
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Petitioner: WildEarth Guardians
Represented By: Daniel Lloyd Timmons
Represented By: Samantha M. Ruscavage-Barz
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Petitioner: High Country Conservation Advocates
Represented By: Nathaniel Shoaff
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Petitioner: Sierra Club
Represented By: Nathaniel Shoaff
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Defendant: Glenda Owens
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Defendant: United States Office of Surface Mining Reclamation and Enforcement
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Defendant: David Bernhardt
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Defendant: David Berry
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Defendant: Joseph Balash
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Respondent: David L. Bernhardt
Represented By: John S. Most
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Respondent: Mountain Coal Company LLC
Represented By: Michael Robert Drysdale
Represented By: Sarah Elizabeth Goldberg
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