DIAMOND A RANCH, WESTERN DIVISION, L.L.C. et al v. WOLF et al
| DIAMOND A RANCH, WESTERN DIVISION, L.L.C. and GUADALUPE RANCH CORPORATION |
| TROY OLSON, UNITED STATES ARMY CORPS OF ENGINEERS, RODNEY S. SCOTT, PAUL ENRIGUEZ, CHAD F. WOLF, SCOTT SPELLMON and MARK A. MORGAN |
| 1:2020cv03478 |
| November 30, 2020 |
| US District Court for the District of Columbia |
| Christopher R Cooper |
| Freedom of Information Act |
| 05 U.S.C. § 552 |
| None |
Docket Report
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This docket was last retrieved on January 28, 2021. A more recent docket listing may be available from PACER.
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MINUTE ORDER granting #34 Motion to Stay: In light of #34 Consent Motion to Stay the Case, it is hereby ORDERED that the Motion is granted and this case is STAYED for sixty days, excepting production as required under this Courts 1/7/2021 Minute Order addressing Plaintiffs' FOIA claim. It is further ORDERED that, other than to respond to immediate physical dangers or to keep project sites secure, Defendants will provide at least 14 days notice to Plaintiffs and to the Court before any construction adjacent to Plaintiffs parcels. It is further ORDERED that Defendants will promptly advise Plaintiffs of construction necessary to address an immediate physical danger unless the risk of harm requires action without notice, in which case Defendants will promptly notice Plaintiffs after construction begins. It is further ORDERED that this stay will terminate upon Plaintiffs' motion in the event construction resumes adjacent to Plaintiffs' parcels. It is further ORDERED that the parties will file a status report to the Court regarding settlement negotiationson or before 3/29/2021. SO ORDERED. Signed by Judge Christopher R. Cooper on 1/28/2021. (lccrc2)
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| Filing 34 Consent MOTION to Stay Proceedings by DIAMOND A RANCH, WESTERN DIVISION, L.L.C., GUADALUPE RANCH CORPORATION. (Attachments: #1 Text of Proposed Order)(Baker, Stewart) |
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MINUTE ORDER: In light of the President's #"Proclamation on the Termination Of Emergency With Respect To The Southern Border Of The United States And Redirection Of Funds Diverted To Border Wall Construction", the parties are hereby directed to me et and confer and to, by January 28, 2021, file a brief joint status report addressing the impact of the Proclamation on #4 Plaintiffs' Motion for a Preliminary Injunction as well as any further construction activities. Signed by Judge Christopher R. Cooper on 1/21/2021. (lccrc2)
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| Filing 33 SURREPLY to re #4 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by PAUL ENRIGUEZ, MARK A. MORGAN, TROY OLSON, RODNEY S. SCOTT, SCOTT SPELLMON, UNITED STATES ARMY CORPS OF ENGINEERS, CHAD F. WOLF. (Attachments: #1 Affidavit Third Decl. of Col. Gant)(Alexander, Tyler) |
| Set/Reset Deadlines: Responses due by 2/5/2021 (lsj) |
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MINUTE ORDER: The Court hereby ORDERS that #31 Defendants' Motion for Extension of Time to File Response/Reply to Plaintiffs' FOIA claims is granted. Defendants' shall file any response/reply to Plaintiff's FOIA claims by 02/05/2021. It is further ORDERED that Defendants' are directed to produce the non-exempt portions of the requested contract as soon as practicable and, in any event, by 02/21/2021 (i.e. within 45 days). Signed by Judge Christopher R. Cooper on 1/7/2021. (lccrc2)
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| Filing 32 RESPONSE re #31 MOTION for Extension of Time to File Response/Reply filed by DIAMOND A RANCH, WESTERN DIVISION, L.L.C., GUADALUPE RANCH CORPORATION. (Attachments: #1 Text of Proposed Order)(Baker, Stewart) |
| Filing 31 MOTION for Extension of Time to Respond to Complaint by UNITED STATES ARMY CORPS OF ENGINEERS (Attachments: #1 Text of Proposed Order)(Warden, Andrew) Modified event on 1/6/2021 (ztd). |
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MINUTE ORDER: Defendants are hereby ordered to file a surreply by 1/14/2021 which addresses North American Butterfly Association v. Wolf, 977 F.3d 1244 (D.C. Cir. 2020) as well as the Declaration and Exhibit submitted along with #21 Plaintiffs' Reply. Signed by Judge Christopher R. Cooper on 01/04/2021. (lccrc2)
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| Filing 30 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CHAD F. WOLF served on 12/7/2020 (Baker, Stewart) |
| Filing 29 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ARMY CORPS OF ENGINEERS served on 12/7/2020 (Baker, Stewart) |
| Filing 28 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/7/2020. (Baker, Stewart) Modified served date on 12/29/2020 (eg). |
| Filing 27 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/7/2020. Answer due for ALL FEDERAL DEFENDANTS by 2/5/2021. (Baker, Stewart) |
| Filing 26 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SCOTT SPELLMON served on 12/7/2020 (Baker, Stewart) |
| Filing 25 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. RODNEY S. SCOTT served on 12/7/2020 (Baker, Stewart) |
| Filing 24 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. TROY OLSON served on 12/7/2020 (Baker, Stewart) |
| Filing 23 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MARK A. MORGAN served on 12/7/2020 (Baker, Stewart) |
| Filing 22 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. PAUL ENRIGUEZ served on 12/7/2020 (Baker, Stewart) |
| Filing 21 REPLY to opposition to motion re #4 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by DIAMOND A RANCH, WESTERN DIVISION, L.L.C., GUADALUPE RANCH CORPORATION. (Attachments: #1 Second Declaration of Sage Goodwin, #2 Exhibit A to Second Declaration of Sage Goodwin, #3 Text of Proposed Order)(Baker, Stewart) |
| Filing 20 RESPONSE re #4 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by PAUL ENRIGUEZ, MARK A. MORGAN, TROY OLSON, RODNEY S. SCOTT, SCOTT SPELLMON, UNITED STATES ARMY CORPS OF ENGINEERS, CHAD F. WOLF. (Attachments: #1 Affidavit Declaration of Paul Enriquez, #2 Affidavit Second Declaration of Col. Antoinette R. Gant)(Alexander, Tyler) |
| Filing 19 TRANSCRIPT OF MOTION HEARING before Judge Christopher R. Cooper held on December 7, 2020; Page Numbers: 1-22. Date of Issuance:December 10, 2020. Court Reporter/Transcriber Lisa A. Moreira, RDR, CRR, Telephone number (202) 354-3187, Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 12/31/2020. Redacted Transcript Deadline set for 1/10/2021. Release of Transcript Restriction set for 3/10/2021.(Moreira, Lisa) |
| Set/Reset Deadlines: Responses due by 12/14/2020 and Replies due by 12/21/2020. (lsj) |
| Filing 18 NOTICE of Appearance by David A. Hirsch on behalf of DIAMOND A RANCH, WESTERN DIVISION, L.L.C., GUADALUPE RANCH CORPORATION (Hirsch, David) |
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MINUTE ORDER: As stated on the record at this morning's hearing, it is hereby ORDERED that #4 Plaintiffs' Request for Emergency Relief is DENIED and #9 Defendants' Motion to Set a Briefing Schedule on the Preliminary Injunction is GRANTED. The following deadlines shall apply: Defendants' response to #4 Plaintiffs' Request for a Preliminary Injunction is due by 12/14/2020; Plaintiffs' reply is due by 12/21/2020. The court will consider the need for a further hearing in this matter after all briefing is submitted. As represented by Government counsel during the hearing, the Government shall provide the Plaintiffs 14 days advance notice prior to any culvert-related construction activity across Guadalupe Creek and 10 days' advance notice of any blasting adjacent to Plaintiffs' property. SO ORDERED. Signed by Judge Christopher R. Cooper on 12/7/2020. (lccrc2)
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| Minute Entry for video Motion Hearing held before Judge Christopher R. Cooper on 12/7/2020. Oral arguments submitted on Plaintiff's Motion #4 Emergency for Temporary Restraining Order and Motion for Preliminary Injunction. Motion DENIED for reasons stated on the record. (Court Reporter: Lisa Moreira) (lsj) |
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MINUTE ORDER granting #17 Motion for Leave to Appear Pro Hac Vice by David Hirsch. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Christopher R. Cooper on 12/4/2020. (lccrc2)
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| Filing 17 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David Hirsch, Filing fee $ 100, receipt number ADCDC-7913168. Fee Status: Fee Paid. by DIAMOND A RANCH, WESTERN DIVISION, L.L.C., GUADALUPE RANCH CORPORATION (Attachments: #1 Declaration of David Hirsch, #2 Text of Proposed Order)(Baker, Stewart) |
| Filing 16 RESPONSE re #14 Notice (Other), filed by DIAMOND A RANCH, WESTERN DIVISION, L.L.C., GUADALUPE RANCH CORPORATION. (Baker, Stewart) |
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MINUTE ORDER: The Court will hold a hearing on #9 Defendants' Motion to Set a Briefing Schedule and #4 Plaintiffs' Motion for Emergency Relief at 12/07/2020 at 10:00 AM via videoconference before Judge Christopher R. Cooper. Details for the videoconference will be sent separately. Signed by Judge Christopher R. Cooper on 12/3/2020. (lccrc2)
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| Filing 15 Case randomly reassigned to Judge Christopher R. Cooper. Judge Trevor N. McFadden is no longer assigned to the case as deemed not related. (ztnr) |
| Filing 14 SUPPLEMENTAL MEMORANDUM Supplement to Defendants' Reply in Support of Motion for Briefing Schedule by PAUL ENRIGUEZ, MARK A. MORGAN, TROY OLSON, RODNEY S. SCOTT, SCOTT SPELLMON, UNITED STATES ARMY CORPS OF ENGINEERS, CHAD F. WOLF re #12 Reply to opposition to Motion, (Attachments: #1 Declaration of Colonel Antoinette R. Gant)(Alexander, Tyler) Modified text on 12/3/2020 (ztd). |
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Filing 13
ORDER. This case is hereby transferred to the Calendar and Case Management Committee for random reassignment. See attached Order for details. Signed by Judge Trevor N. McFadden on 12/2/2020. (lctnm3)
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| Filing 12 REPLY to opposition to motion re #9 MOTION for Briefing Schedule for Plaintiffs' Motion for TRO filed by PAUL ENRIGUEZ, MARK A. MORGAN, TROY OLSON, RODNEY S. SCOTT, SCOTT SPELLMON, UNITED STATES ARMY CORPS OF ENGINEERS, CHAD F. WOLF. (Alexander, Tyler) |
| Filing 11 SUMMONS (9) Issued Electronically as to PAUL ENRIGUEZ, MARK A. MORGAN, TROY OLSON, RODNEY S. SCOTT, SCOTT SPELLMON, UNITED STATES ARMY CORPS OF ENGINEERS, CHAD F. WOLF, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(adh, ) |
| Filing 10 Memorandum in opposition to re #9 MOTION for Briefing Schedule for Plaintiffs' Motion for TRO filed by DIAMOND A RANCH, WESTERN DIVISION, L.L.C., GUADALUPE RANCH CORPORATION. (Attachments: #1 Exhibit A)(Baker, Stewart) Modified docket event/text on 12/2/2020 (eg). |
| Case Assigned to Judge Trevor N. McFadden. (adh, ) |
| Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Status Conference held on 12/2/2020. Order forthcoming. (Court Reporter: Crystal Pilgrim.) (hmc) |
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MINUTE ORDER. The parties are hereby ORDERED to appear for a telephonic status conference at 3:30 p.m. on December 2, 2020 before Judge Trevor N. McFadden. The parties shall be prepared to address Defendants' #6 Notice of Related Case. Dial-in information has been emailed to counsel. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/2/2020. (lctnm3)
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| Filing 9 MOTION for Briefing Schedule for Plaintiffs' Motion for TRO by PAUL ENRIGUEZ, MARK A. MORGAN, TROY OLSON, RODNEY S. SCOTT, SCOTT SPELLMON, UNITED STATES ARMY CORPS OF ENGINEERS, CHAD F. WOLF (Attachments: #1 Text of Proposed Order)(Alexander, Tyler) |
| Filing 8 RESPONSE re #6 Notice of Related Case filed by DIAMOND A RANCH, WESTERN DIVISION, L.L.C., GUADALUPE RANCH CORPORATION. (Baker, Stewart) |
| Filing 7 ERRATA of Corrected Civil Cover Sheet by DIAMOND A RANCH, WESTERN DIVISION, L.L.C., GUADALUPE RANCH CORPORATION #1 Complaint,, filed by DIAMOND A RANCH, WESTERN DIVISION, L.L.C., GUADALUPE RANCH CORPORATION. (Attachments: #1 Civil Cover Sheet)(Baker, Stewart) |
| Filing 6 NOTICE OF RELATED CASE by All Defendants. Case related to Case No. 19-CV-00408 (TNM); 20-CV-01230 (TNM). (Attachments: #1 Exhibit 1, #2 Exhibit 1)(Alexander, Tyler) |
| Filing 5 NOTICE of Appearance by Tyler McVeigh Alexander on behalf of All Defendants (Alexander, Tyler) |
| Filing 4 Emergency MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by DIAMOND A RANCH, WESTERN DIVISION, L.L.C., GUADALUPE RANCH CORPORATION (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Declaration of Sage Goodwin, #4 Exhibits to Declaration of Sage Goodwin (Part 1), #5 Exhibits to Declaration of Sage Goodwin (Part 2), #6 Exhibits to Declaration of Sage Goodwin (Part 3), #7 Exhibits to Declaration of Sage Goodwin (Part 4), #8 Declaration of John Kruc, #9 Exhibits to Declaration of John Kruc)(Baker, Stewart) |
| Filing 3 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by GUADALUPE RANCH CORPORATION (Baker, Stewart) |
| Filing 2 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DIAMOND A RANCH, WESTERN DIVISION, L.L.C. (Baker, Stewart) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number ADCDC-7893998) filed by DIAMOND A RANCH, WESTERN DIVISION, L.L.C., GUADALUPE RANCH CORPORATION. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Summons for Paul Enriguez, #5 Summons for Mark A. Morgan, #6 Summons for Troy Olson, #7 Summons for Rodney S. Scott, #8 Summons for Scott A. Spellmon, #9 Summons for the U.S. Attorney for the District of Columbia, #10 Summons for the U.S. Attorney General, #11 Summons for U.S. Army Corps of Engineers, #12 Summons for Chad F. Wolf)(Baker, Stewart) (Attachment 1 replaced on 12/4/2020) (znmw). |
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