AMERICAN TUNABOAT ASSOCIATION v. ROSS et al
Plaintiff: AMERICAN TUNABOAT ASSOCIATION
Defendant: WILBUR ROSS, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION and NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Case Number: 1:2019cv01011
Filed: April 10, 2019
Court: US District Court for the District of Columbia
Presiding Judge: Trevor N McFadden
Nature of Suit: Environmental Matters
Cause of Action: 05 U.S.C. § 0706
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 8, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 8, 2020 Filing 39 MANDATE of USCA as to #37 Notice of Appeal to DC Circuit Court filed by AMERICAN TUNABOAT ASSOCIATION ; USCA Case Number 19-5267. (Attachments: #1 USCA Order)(zrdj)
October 3, 2019 USCA Case Number 19-5267 for #37 Notice of Appeal to DC Circuit Court filed by AMERICAN TUNABOAT ASSOCIATION. (zrdj)
September 30, 2019 Filing 38 Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re #37 Notice of Appeal to DC Circuit Court. (ztth)
September 27, 2019 Filing 37 NOTICE OF APPEAL TO DC CIRCUIT COURT by AMERICAN TUNABOAT ASSOCIATION. Filing fee $ 505, receipt number 0090-6403413. Fee Status: Fee Paid. Parties have been notified. (Wigginton, Jared)
July 31, 2019 Opinion or Order Filing 36 ORDER. For the reasons set forth in #35 Memorandum and Opinion, Plaintiff's #19 Motion for Summary Judgment is DENIED, and Defendants' #20 Motion for Summary Judgment is GRANTED. See attached Order for details. The Clerk of the Court is directed to close the case. Signed by Judge Trevor N. McFadden on 7/31/19. (lctnm1)
July 31, 2019 Filing 35 MEMORANDUM AND OPINION. See attached document for details. Signed by Judge Trevor N. McFadden on 7/31/19. (lctnm1)
July 22, 2019 Filing 34 RESPONSE re #32 Notice (Other) of Correction filed by AMERICAN TUNABOAT ASSOCIATION. (Wigginton, Jared)
July 18, 2019 Filing 33 NOTICE OF WITHDRAWAL OF APPEARANCE as to NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, WILBUR ROSS. Attorney Jonelle Mary Dilley terminated. (Dilley, Jonelle)
July 10, 2019 Filing 32 NOTICE of Correction by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, WILBUR ROSS re #27 Notice (Other) (Attachments: #1 Exhibit A: July 8 Letter to ATA)(Dilley, Jonelle)
July 8, 2019 Filing 31 RESPONSE re #29 NOTICE OF SUPPLEMENTAL AUTHORITY by AMERICAN TUNABOAT ASSOCIATION (Wigginton, Jared) Modified event title and added link on 7/10/2019 (znmw).
June 28, 2019 Filing 30 NOTICE of Appearance by Meredith L. Flax on behalf of NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, WILBUR ROSS (Flax, Meredith)
June 28, 2019 Filing 29 NOTICE OF SUPPLEMENTAL AUTHORITY by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, WILBUR ROSS (Flax, Meredith)
June 26, 2019 Filing 28 NOTICE OF SUPPLEMENTAL AUTHORITY by AMERICAN TUNABOAT ASSOCIATION (Attachments: #1 Exhibit)(Wigginton, Jared)
June 25, 2019 Filing 27 NOTICE of Updated Anticipated Completion Date for Biological Opinion by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, WILBUR ROSS (Attachments: #1 Exhibit A: Letter to ATA)(Dilley, Jonelle)
June 14, 2019 Filing 26 ANSWER to Complaint by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, WILBUR ROSS.(Dilley, Jonelle)
June 14, 2019 Filing 25 JOINT APPENDIX by AMERICAN TUNABOAT ASSOCIATION. (Attachments: #1 Appendix, #2 Appendix)(Wigginton, Jared)
June 12, 2019 Filing 24 NOTICE OF CORRECTION by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, WILBUR ROSS re #21 Memorandum in Opposition, #20 Cross MOTION for Summary Judgment (Dilley, Jonelle)
June 10, 2019 Filing 23 RESPONSE re #20 Cross MOTION for Summary Judgment filed by AMERICAN TUNABOAT ASSOCIATION. (See Docket Entry #22 to view document) (tth)
June 10, 2019 Filing 22 REPLY to opposition to motion re #19 MOTION for Summary Judgment , filed by AMERICAN TUNABOAT ASSOCIATION. (Wigginton, Jared); Modified text and deleted docket entry relationship on 6/12/2019 (tth).
June 3, 2019 Filing 21 Memorandum in opposition to re #19 MOTION for Summary Judgment filed by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, WILBUR ROSS. (Attachments: #1 Text of Proposed Order)(Dilley, Jonelle)
June 3, 2019 Filing 20 Cross MOTION for Summary Judgment by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, WILBUR ROSS (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Dilley, Jonelle)
May 22, 2019 Filing 19 MOTION for Summary Judgment by AMERICAN TUNABOAT ASSOCIATION (Attachments: #1 Statement of Facts, #2 Memorandum in Support, #3 Exhibit Original Declaration of Brian Hallman (Excerpted), #4 Exhibit Supplemental Declaration of Brian Hallman, #5 Exhibit Original Declaration of Raymond Clarke (Excerpted), #6 Exhibit Supplemental Declaration of Raymond Clarke, #7 Text of Proposed Order)(Wigginton, Jared)
May 14, 2019 NOTICE OF ERROR re #17 Notice of Withdrawal of Appearance; emailed to jared.wigginton@bakerbotts.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. Please do not refile. For future filings, the login and attorney signatue must match. (ztth, )
May 13, 2019 Filing 18 NOTICE OF SUBSTITUTION OF COUNSEL - by Jared Russell Wigginton on behalf of AMERICAN TUNABOAT ASSOCIATION substituting for attorney Megan H. Berge. (See Docket Entry #17 to view document). (tth)
May 13, 2019 Filing 17 NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN TUNABOAT ASSOCIATION. Attorney Megan H. Berge terminated. (Wigginton, Jared)
May 10, 2019 Filing 16 ADMINISTRATIVE RECORD Notice of Filing by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, WILBUR ROSS. (Attachments: #1 Exhibit A - Index, #2 Exhibit B - Certification)(Dilley, Jonelle)
May 6, 2019 Set/Reset Deadlines: Defendants' certified list due by 5/10/2019. Plaintiff's Motion Summary Judgment due by 5/22/2019. Defendants' Opposition and Cross-Motion due by 6/3/2019. Plaintiff's Reply and Opposition to Defendants' Cross-Motion due by 6/10/2019. Defendants' surreply notice due by 6/12/2019. Defendants' motion and proposed surreply brief due by 6/17/2019. (hmc)
May 6, 2019 Opinion or Order MINUTE ORDER granting #15 Motion for Briefing Schedule. Defendants shall file a certified list of the contents of the Administrative Record with the Court and provide a copy to the Plaintiff on or before May 10, 2019. Plaintiff shall file its Motion for Summary Judgment on or before May 22, 2019. Defendants shall file their Opposition and Cross-Motion for Summary Judgment on or before June 3, 2019. Plaintiff shall file its Reply to Defendants' Opposition and its Opposition to Defendants' Cross-Motion for Summary Judgment on or before June 10, 2019. If Defendants seek leave to file a surreply, they shall notify Plaintiff on or before June 12, 2017, and shall file their motion and proposed surreply brief on or before June 17, 2019. Pursuant to the conversation during April 30, 2019 Motion Hearing, Plaintiff's #2 Motion for Preliminary Injunction is withdrawn. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/6/2019. (lctnm1) Modified on 5/6/2019 to edit date (hmc).
May 3, 2019 Filing 15 Joint MOTION for Briefing Schedule and Schedule for Production of Administrative Record by AMERICAN TUNABOAT ASSOCIATION (Attachments: #1 Text of Proposed Order)(Wigginton, Jared)
May 1, 2019 Filing 14 TRANSCRIPT OF PROCEEDINGS before Judge Trevor N. McFadden held on April 30, 2019; Page Numbers: 1-53. Date of Issuance:May 1, 2019. Court Reporter/Transcriber Patricia A Kaneshiro-Miller, Telephone number 202-354-3243, Tape Number: Patricia_Kaneshiro-Miller@dcd.uscourts.gov. Transcripts may be ordered by submitting the <

<

<

<

<

< Redaction Request due 5/22/2019. Redacted Transcript Deadline set for 6/1/2019. Release of Transcript Restriction set for 7/30/2019.(pk)
April 30, 2019 Minute Entry for proceedings held before Judge Trevor N. McFadden: Preliminary Injunction Hearing held on 4/30/2019. The parties shall file a proposed briefing schedule by the end of the week. (Court Reporter: Patricia Kaneshiro-Miller.) (hmc) Modified on 4/30/2019 to edit event title (hmc).
April 29, 2019 Filing 13 REPLY to opposition to motion re #2 MOTION for Preliminary Injunction (Expedited) filed by AMERICAN TUNABOAT ASSOCIATION. (Wigginton, Jared)
April 22, 2019 Filing 12 NOTICE of Proposed Order Denying Motion for Preliminary Injunction by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, WILBUR ROSS re #11 Memorandum in Opposition,,, (Dilley, Jonelle)
April 22, 2019 Filing 11 Memorandum in opposition to re #2 MOTION for Preliminary Injunction (Expedited) filed by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, WILBUR ROSS. (Attachments: #1 Declaration Michael D. Tosatto (Attach. A), #2 Exhibit 1 to Tosatto Decl./ Consultation Request 2014, #3 Exhibit 2 to Tosatto Decl./ 7(d) Memo 2014, #4 Exhibit 3 to Tosatto Decl./ 7(d) Memo 2016, #5 Exhibit 4 to Tosatto Decl./ Consultation Request 2017, #6 Exhibit 5 to Tosatto Decl./ Biological Assessment 2017, #7 Exhibit 6 to Tosatto Decl./ 7(d) Memo Dec 2017, #8 Exhibit 7 to Tosatto Decl./ Consultation Request May 2018, #9 Exhibit 8 to Tosatto Decl./7(d) Memo May 2018, #10 Exhibit 9 to Tosatto Decl./ NLAA Dec. 2018, #11 Exhibit 10 to Tosatto Decl./ 7(d) Memo Dec 2018, #12 Exhibit 11 to Tosatto Decl./ ATA Response Letter APril 18, 2019, #13 Attachment B/ HLA Dist. Crt. Order)(Dilley, Jonelle)
April 22, 2019 Filing 10 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/15/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 6/14/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/15/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL MARINE FISHERIES SERVICE served on 4/15/2019; NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION served on 4/15/2019; WILBUR ROSS served on 4/15/2019 (Attachments: #1 USPS Online Verification and Mail Cards Received to Date)(Wigginton, Jared)
April 22, 2019 NOTICE OF ERROR re #9 Notice (Other); emailed to jared.wigginton@bakerbotts.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. Please refile document, 3. using the correct event under Service of Process. (ztth, )
April 18, 2019 Filing 9 ENTERED IN ERROR.....NOTICE of Proof of Service by AMERICAN TUNABOAT ASSOCIATION (Attachments: #1 Exhibit Certified Mail Delivery Confirmations)(Wigginton, Jared); Modified on 4/22/2019 (tth).
April 18, 2019 Filing 8 NOTICE of Appearance by Jonelle Mary Dilley on behalf of NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, WILBUR ROSS (Dilley, Jonelle)
April 18, 2019 MINUTE ORDER. The Preliminary Injunction Hearing set for April 25, 2019 is hereby rescheduled for April 30, 2019 at 11 a.m. in Courtroom 2 before Judge Trevor N. McFadden. SO ORDERED. (lctnm1)
April 18, 2019 Set/Reset Hearings: Preliminary Injunction Hearing RESCHEDULED for 4/30/2019, at 11:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (tg)
April 15, 2019 Set/Reset Deadlines/Hearings: Preliminary Injunction Hearing set for 4/25/2019 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. Plaintiff's notice to Defendant due by 4/19/2019. (hmc)
April 12, 2019 Opinion or Order Filing 7 STANDING ORDER establishing procedures for cases before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and strictly comply with the directives in the attached Order. Signed by Judge Trevor N. McFadden on 4/12/2019. (lctnm1)
April 12, 2019 Filing 6 SUMMONS (3) Issued Electronically as to NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, WILBUR ROSS, U.S. Attorney and U.S. Attorney General. (Attachments: #1 Notice and Consent)(zef, )
April 12, 2019 Opinion or Order MINUTE ORDER granting #4 Motion for Leave to Appear Pro Hac Vic and #5 Motion for Leave to Appear Pro Hac Vice. Attorneys Jared R. Wigginton and Christopher J. Carr shall promptly register for this Court's CM/ECF System. Signed by Judge Trevor N. McFadden on 4/12/2019. (lctnm1)
April 12, 2019 Case Assigned to Judge Trevor N. McFadden. (zef, )
April 12, 2019 Opinion or Order MINUTE ORDER. A Preliminary Injunction Hearing is hereby scheduled for April 25, 2019 at 10 a.m. in Courtroom 2 before Judge Trevor N. McFadden. The Plaintiff therefore must demonstrate that the Defendants have notice on or before April 19, 2019. Signed by Judge Trevor N. McFadden on 4/12/2019. (lctnm1)
April 10, 2019 Filing 5 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christopher J. Carr, :Firm- Baker Botts L.L.P., :Address- chris.carr@bakerbotts.com. Phone No. - 415.291.6208. Fax No. - 415.291.6308 Filing fee $ 100, receipt number 0090-6053035. Fee Status: Fee Paid. by AMERICAN TUNABOAT ASSOCIATION (Attachments: #1 Declaration, #2 Text of Proposed Order)(Berge, Megan)
April 10, 2019 Filing 4 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jared R. Wigginton, :Firm- Baker Botts L.L.P., :Address- 1299 Pennsylvania Ave, NW, Suite 1300, Washington, DC 20004. Phone No. - 202.639.7766. Fax No. - 202.639.1195 Filing fee $ 100, receipt number 0090-6053032. Fee Status: Fee Paid. by AMERICAN TUNABOAT ASSOCIATION (Attachments: #1 Declaration, #2 Text of Proposed Order)(Berge, Megan)
April 10, 2019 Filing 3 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN TUNABOAT ASSOCIATION (Berge, Megan) (Main Document 3 replaced on 4/12/2019) (zef, ).
April 10, 2019 Filing 2 MOTION for Preliminary Injunction (Expedited) by AMERICAN TUNABOAT ASSOCIATION (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Declaration, #4 Text of Proposed Order)(Berge, Megan)
April 10, 2019 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-6052994) filed by AMERICAN TUNABOAT ASSOCIATION. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Berge, Megan) (Attachment 1 replaced on 4/12/2019) (zef, ).

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the District Of Columbia District Court's Electronic Court Filings (ECF) System

Search for this case: AMERICAN TUNABOAT ASSOCIATION v. ROSS et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: WILBUR ROSS
Represented By: Meredith L. Flax
Represented By: Jonelle Mary Dilley
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: NATIONAL MARINE FISHERIES SERVICE
Represented By: Meredith L. Flax
Represented By: Jonelle Mary Dilley
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Represented By: Meredith L. Flax
Represented By: Jonelle Mary Dilley
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: AMERICAN TUNABOAT ASSOCIATION
Represented By: Megan H. Berge
Represented By: Christopher J. Carr
Represented By: Jared Russell Wigginton
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?