Prairie Protection Colorado v. USDA APHIS Wildlife Services et al
| Prairie Protection Colorado |
| Janet L. Bucknall and USDA APHIS Wildlife Services |
| 1:2019cv02537 |
| September 6, 2019 |
| US District Court for the District of Colorado |
| Marcia S Krieger |
| William J Martinez |
| Kristen L Mix |
| APA Review/Appeal |
| 05 U.S.C. § 0701 |
| None |
Docket Report
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This docket was last retrieved on June 25, 2020. A more recent docket listing may be available from PACER.
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| Filing 41 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Second Amended Complaint by Defendants Janet L. Bucknall, USDA APHIS Wildlife Services. (McNabb, Laura) |
Filing 40
ORDER: Before the Court is Plaintiff's Response to Order to Show Cause #39 . Defendants are ORDERED to respond to Plaintiff's arguments on or before November 7, 2019. SO ORDERED by Judge William J. Martinez on 10/31/2019. Text Only Entry (wjmlc1)
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| Filing 39 RESPONSE to 37 Order, by Plaintiff Prairie Protection Colorado. (Attachments: #1 Exhibit)(Frandina, Michael) |
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Filing 38
ORDER granting Plaintiff's Notice of Withdrawal of Motion to Amend [DN27] as Moot #35 and Notice of Withdrawal of Motion for Discovery [DN28] as Moot #36 . Plaintiff's Notices of Withdrawal are GRANTED for good cause shown. Plaintiff's Motion to Amend #27 and Motion for Limited Discovery or in the Alternative for a Brief Stay to Allow Plaintiff to Review Defendants' FOIA Response #28 are hereby DEEMED WITHDRAWN. SO ORDERED by Judge William J. Martinez on 10/23/2019. Text Only Entry(wjmsec, )
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Filing 37
ORDER: This matter is before the Court on Defendants' Notice #32 , filed on October 22, 2019. Based on Defendants' Notice, Plaintiff is ORDERED TO SHOW CAUSE, on or before October 30, 2019, why this action should not be dismissed as moot. SO ORDERED by Judge William J. Martinez on 10/23/2019. Text Only Entry (wjmsec, )
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| Filing 36 Unopposed MOTION to Withdraw Document re #28 MOTION for Discovery or in the Alternative for A Brief Stay to Permit Plaintiff to Review Defendant's FOIA Response by Plaintiff Prairie Protection Colorado. (Frandina, Michael) |
| Filing 35 Unopposed MOTION to Withdraw Document re #27 First MOTION to Amend/Correct/Modify #12 Amended Complaint by Plaintiff Prairie Protection Colorado. (Frandina, Michael) |
| Filing 34 AMENDED COMPLAINT Second Amended Complaint against Janet L. Bucknall, USDA APHIS Wildlife Services, filed by Prairie Protection Colorado. (Attachments: #1 Exhibit Exhibit 1 - PPC letter to Commerce City, #2 Exhibit Exhibit 2 - Categorical Exclusion)(Frandina, Michael) |
| Filing 33 NOTICE of Filing Amended Pleading Second Amended Complaint by Plaintiff Prairie Protection Colorado (Attachments: #1 Exhibit Redline of Second Amended Complaint)(Frandina, Michael) |
| Filing 32 NOTICE by Defendants Janet L. Bucknall, USDA APHIS Wildlife Services (McNabb, Laura) |
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Filing 31
ORDER: This matter is before the Court on Defendants' Unopposed and Expedited Motion to Vacate Deadline to Respond to Motion to Amend #30 . The Motion is GRANTED for good cause shown. Defendants shall answer or otherwise respond to Plaintiff's forthcoming amended complaint no later than 14 days after Plaintiff files it. SO ORDERED by Judge William J. Martinez on 10/22/2019. Text Only Entry (wjmlc1)
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| Filing 30 Unopposed MOTION to Vacate Deadline to Respond to Motion to Amend (ECF No. 27) by Defendants Janet L. Bucknall, USDA APHIS Wildlife Services. (McNabb, Laura) |
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Filing 29
ORDER: This matter is before the Court on Plaintiff's Response to Order to Show Cause #26 and Motion to Amend #27 , both of which turn on the availability of an ultra vires claim independent of the APA. Notwithstanding D.C.COLO.LCivR 7.2(d), Defendant shall respond to the Motion to Amend on or before October 22, 2019, and Plaintiff may reply on or before October 28, 2019. SO ORDERED by Judge William J. Martinez on 10/15/2019. Text Only Entry (wjmlc1)
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| Filing 28 MOTION for Discovery or in the Alternative for A Brief Stay to Permit Plaintiff to Review Defendant's FOIA Response by Plaintiff Prairie Protection Colorado. (Attachments: #1 Exhibit Ex 1 - Proposed Limited Discovery, #2 Exhibit Ex 2 - FOIA Request, #3 Exhibit Ex 3 - FOIA Acknowledgement)(Frandina, Michael) |
| Filing 27 First MOTION to Amend/Correct/Modify #12 Amended Complaint by Plaintiff Prairie Protection Colorado. (Attachments: #1 Exhibit Proposed Second Amended Complaint)(Frandina, Michael) |
| Filing 26 RESPONSE to #25 Order on Motion for TRO, Response to Order to Show Cause by Plaintiff Prairie Protection Colorado. (Frandina, Michael) |
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Filing 25
ORDER denying preliminary injunction portion of Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction #5 , as construed as a motion for stay of agency action under 5 U.S.C. 705, and ordering Plaintiff to show cause, on or before October 10, 2019, why this action should not be dismissed due to Plaintiff's lack of prudential standing, by Judge William J. Martinez on 09/30/2019. (wjmlc1)
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Filing 24
ORDER: This matter is before the Court on the preliminary injunction portion of Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction and Request for Expedited Hearing #5 , which the Court construes as a motion for stay of agency action under 5 U.S.C. 705. Having reviewed Defendant's response #20 and Plaintiff's reply #23 , the Court finds that no evidentiary hearing is necessary. Further, considering Defendant's representation that "prairie dog management" could begin as early as tomorrow, September 24, 2019 (ECF No. 20 at 4), the Court announces, as a courtesy to the parties, that it intends to deny Plaintiff's motion. A written order with appropriate findings and conclusions will issue in due course. SO ORDERED by Judge William J. Martinez on 09/23/2019. Text Only Entry (wjmlc1)
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| Filing 23 REPLY to Response to #5 MOTION for Temporary Restraining Order and Preliminary Injunction and Request for Expedited Hearing filed by Plaintiff Prairie Protection Colorado. (Attachments: #1 Exhibit Wildlife Services Brief in Colorado Prairie Initiatives case, #2 Exhibit Rocky Mountain Wildlife bid, #3 Exhibit U.S. Answer in Mansfield case)(Frandina, Michael) |
| Filing 22 ERRATA to Defendants' Opposition to Motion for Preliminary Injunction by Defendants Janet L. Bucknall, USDA APHIS Wildlife Services. (McNabb, Laura) |
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Filing 21
ORDER: This matter is before the Court on the preliminary injunction portion of Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction and Request for Expedited Hearing #5 , which the Court construes as a motion for stay of agency action under 5 U.S.C. 705. Having reviewed the Defendant's response #20 , the Court ORDERS Plaintiff to file a reply on or before September 20, 2019. After receiving the reply, the Court will determine if an evidentiary hearing is needed. SO ORDERED by Judge William J. Martinez on 09/17/2019. Text Only Entry (wjmlc1)
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| Filing 20 BRIEF in Opposition to #5 MOTION for Temporary Restraining Order and Preliminary Injunction and Request for Expedited Hearing filed by Defendants Janet L. Bucknall, USDA APHIS Wildlife Services. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit A-5, #7 Exhibit A-6, #8 Exhibit A-7, #9 Exhibit A-8, #10 Exhibit A-9, #11 Exhibit A-10, #12 Exhibit A-11, #13 Exhibit A-12, #14 Exhibit B, #15 Exhibit B-1, #16 Exhibit B-2, #17 Exhibit B-3, #18 Exhibit B-4, #19 Exhibit B-5, #20 Exhibit C, #21 Exhibit D, #22 Exhibit E, #23 Exhibit F, #24 Exhibit G, #25 Exhibit H, #26 Exhibit I, #27 Exhibit J)(McNabb, Laura) |
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Filing 19
ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2018 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 9/ 16/2019. Text Only Entry (wjmsec, )
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Filing 18
ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix. Magistrate Judge Mix, or such other Magistrate Judge who may in the future be reassigned this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 9/16/2019. Text Only Entry (wjmsec, )
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Filing 17
ORDER granting Defendants' Unopposed and Expedited Motion by Defendants for a Five-Page Extension #16 . Defendants' Motion is GRANTED for good cause shown. Defendants are granted leave to file their Response to Plaintiff's Motion for Preliminary Injunction not to exceed 20 pages, exclusive of attorney signature blocks and certificate of service. SO ORDERED by Judge William J. Martinez on 9/16/2019. Text Only Entry(wjmsec, )
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| Filing 16 Unopposed MOTION for Leave to File Excess Pages by Defendants Janet L. Bucknall, USDA APHIS Wildlife Services. (McNabb, Laura) |
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Filing 15
ORDER: This matter is before the Court on Plaintiff's Unopposed Motion to Supplement Plaintiff's Motion for Preliminary Injunction #14 . The motion is GRANTED for good cause shown. The affidavits attached to the motion are ACCEPTED AS FILED. SO ORDERED by Judge William J. Martinez on 09/12/2019. Text Only Entry (wjmlc1)
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| Filing 14 MOTION to Supplement #5 MOTION for Temporary Restraining Order and Preliminary Injunction and Request for Expedited Hearing UNOPPOSED by Plaintiff Prairie Protection Colorado. (Attachments: #1 Affidavit Affidavit of Erica Royer Regarding Injury, #2 Affidavit Declaration of Jennifer Nelson Regarding Injury, #3 Affidavit Declaration of Deanna Meyer Regarding Injury)(Frandina, Michael) |
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Filing 13
ORDER: This matter is before the Court on Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction and Request for Expedited Hearing ("TRO/PI Motion") #5 . The Court construes this as a motion for stay of agency action under 5 U.S.C. 705. Plaintiff (a) continually refers to the Cooperative Services Agreement misleadingly as the "Urban Rodent Control Agreement"; and (b) misrepresents Defendant's definition of "urban rodent control." Defendant defines that phrase to mean "actions to directly control mice, rats, voles, squirrels, chipmunks, gophers, and woodchucks/groundhogs in a city or town with a population greater than 50,000 inhabitants, as well as the urbanized area contiguous and adjacent to such a city or town." 78 Fed. Reg. 49445, 49446 (Aug. 14, 2013). Notably, "prairie dogs" is not on this list. Plaintiff's arguments convince the Court that no form of injunctive relief should enter "before the adverse party can be heard in opposition." Fed. R. Civ. P. 65(b)(1)(A). Accordingly, the TRO portion of the TRO/PI Motion is DENIED. As for the preliminary injunction portion, Defendant is DIRECTED to file a response within three business days of proper service of process or waiver of service. This order shall accompany such service of process, or, if service is already underway, shall otherwise be transmitted by Plaintiff to Defendant as soon as possible after service of process. SO ORDERED by Judge William J. Martinez on 09/09/2019. Text Only Entry (wjmlc1)
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| Filing 12 AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants, filed by Prairie Protection Colorado. (Attachments: #1 Exhibit Exhibit to Complaint - PPC email to Commerce City)(Frandina, Michael) |
| Filing 11 SUMMONSES issued by Clerk on 9/9/2019 (Attachments: #1 Summons) (angar, ) |
| Filing 10 CASE REASSIGNED. Pursuant to #9 Order Directing Reassignment, this case is randomly reassigned to Judge William J. Martinez. All future pleadings should be designated as 19-cv-02537-WJM. (Text Only Entry). (sphil, ) |
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Filing 9
ORDER by Judge Marcia S. Krieger on 9/9/2019, re: #5 MOTION for Temporary Restraining Order and Preliminary Injunction and Request for Expedited Hearing. 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. (sphil, )
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| Filing 8 NOTICE of Entry of Appearance of Counsel by Laura J. McNabb on behalf of Janet L. Bucknall, USDA APHIS Wildlife ServicesAttorney Laura J. McNabb added to party Janet L. Bucknall(pty:dft), Attorney Laura J. McNabb added to party USDA APHIS Wildlife Services(pty:dft) (McNabb, Laura) |
| Filing 7 SUMMONS REQUEST as to Janet Bucknall by Plaintiff Prairie Protection Colorado. (Frandina, Michael) |
| Filing 6 SUMMONS REQUEST as to Wildlife Services by Plaintiff Prairie Protection Colorado. (Frandina, Michael) |
| Filing 5 MOTION for Temporary Restraining Order and Preliminary Injunction and Request for Expedited Hearing by Plaintiff Prairie Protection Colorado. (Attachments: #1 Exhibit Declaration of Deanna Meyer in Support of the Motion, #2 Exhibit Declaration of Michael Frandina regarding Notice)(Frandina, Michael) |
| Filing 4 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (rvill, ) |
| Filing 3 Case assigned to Judge Marcia S. Krieger. Text Only Entry. (rvill, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (Frandina, Michael) |
| Filing 1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Janet Bucknall, U.S. Department of Agriculture Animal and Plant Health Inspection Service Wildlife Services (Filing fee $ 400,Receipt Number 1082-6880770)Attorney Michael Mahoney Frandina added to party Prairie Protection Colorado(pty:pla), filed by Prairie Protection Colorado. (Attachments: #1 Civil Cover Sheet)(Frandina, Michael) |
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