RED LAKE BAND OF CHIPPEWA INDIANS et al v. UNITED STATES ARMY CORPS OF ENGINEERS
| WHITE EARTH BAND OF OJIBWE, RED LAKE BAND OF CHIPPEWA INDIANS, HONOR THE EARTH and SIERRA CLUB |
| UNITED STATES ARMY CORPS OF ENGINEERS |
| ENBRIDGE ENERGY LIMITED |
| 1:2020cv03817 |
| December 24, 2020 |
| US District Court for the District of Columbia |
| Colleen Kollar-Kotelly |
| Environmental Matters |
| 05 U.S.C. § 0706 |
| None |
Docket Report
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This docket was last retrieved on October 7, 2022. A more recent docket listing may be available from PACER.
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Set/Reset Deadlines: Joint Meet & Confer Statement due by 3/12/2021. (dot)
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Filing 40
MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 2/7/21. (lcckk3)
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Filing 39
ORDER denying #2 Motion for Preliminary Injunction. Signed by Judge Colleen Kollar-Kotelly on 2/7/21. (lcckk3)
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Filing 38
RESPONSE re #36 NOTICE OF SUPPLEMENTAL AUTHORITY filed by ENBRIDGE ENERGY LIMITED. (Sibley, George)
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Filing 37
NOTICE OF SUPPLEMENTAL AUTHORITY by ENBRIDGE ENERGY LIMITED (Attachments: #1 Exhibit Supplemental Authority)(Sibley, George)
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Filing 36
NOTICE OF SUPPLEMENTAL AUTHORITY by HONOR THE EARTH, RED LAKE BAND OF CHIPPEWA INDIANS, SIERRA CLUB, WHITE EARTH BAND OF OJIBWE (Attachments: #1 USCA Order)(Nasmith, Moneen)
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Filing 35
RESPONSE re #34 NOTICE OF SUPPLEMENTAL AUTHORITY, filed by UNITED STATES ARMY CORPS OF ENGINEERS. (Costello, Sara)
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NOTICE OF ERROR re #34 NOTICE OF SUPPLEMENTAL AUTHORITY; emailed to mnasmith@earthjustice.org, cc'd 22 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Please refer to Local Rule 5.1(d) regarding Form of Documents. Please file in pleading format. (ztd, )
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Filing 34
ENTERED IN ERROR. . . . .NOTICE OF SUPPLEMENTAL AUTHORITY by HONOR THE EARTH, RED LAKE BAND OF CHIPPEWA INDIANS, SIERRA CLUB, WHITE EARTH BAND OF OJIBWE (Attachments: #1 USCA Order in D.C. Cir. No. 20-5197)(Nasmith, Moneen) Modified on 2/1/2021 (ztd).
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Filing 33
REPLY to opposition to motion re #2 MOTION for Preliminary Injunction filed by HONOR THE EARTH, RED LAKE BAND OF CHIPPEWA INDIANS, SIERRA CLUB, WHITE EARTH BAND OF OJIBWE. (Attachments: #1 Declaration of Doug Hayes, Supplemental)(Nasmith, Moneen)
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Filing 32
STIPULATION on Agreed Joint List of Pertinent Portions of the Administrative Record for Plaintiffs' Motion for Preliminary Injunction by ENBRIDGE ENERGY LIMITED. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37)(Sibley, George)
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Filing 29
Memorandum in opposition to re #2 MOTION for Preliminary Injunction filed by UNITED STATES ARMY CORPS OF ENGINEERS. (Costello, Sara)
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Filing 28
Memorandum in opposition to re #2 MOTION for Preliminary Injunction filed by ENBRIDGE ENERGY LIMITED. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Sibley, George)
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Filing 27
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to defendant UNITED STATES ARMY CORPS OF ENGINEERS 1/13/2021 (Attachments: #1 Certificate of Service Receipt)(Nasmith, Moneen) Modified text on 1/14/2021 (ztd).
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Filing 26
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/11/2021. (Attachments: #1 Certificate of Service Receipt)(Nasmith, Moneen)
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Filing 25
DECLARATION Triplett, Supplemental by HONOR THE EARTH, RED LAKE BAND OF CHIPPEWA INDIANS, SIERRA CLUB, WHITE EARTH BAND OF OJIBWE re #2 MOTION for Preliminary Injunction filed by WHITE EARTH BAND OF OJIBWE, RED LAKE BAND OF CHIPPEWA INDIANS, HONOR THE EARTH, SIERRA CLUB. (Nasmith, Moneen)
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Filing 31
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ENBRIDGE ENERGY LIMITED identifying Corporate Parent ENBRIDGE INC., Corporate Parent ENBRIDGE ENERGY PARTNERS LP, Corporate Parent ENBRIDGE ENERGY MANAGEMENT LLC for ENBRIDGE ENERGY LIMITED. (ztd)
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Filing 30
NOTICE of Appearance by George P. Sibley, III, Deidre G. Duncan, Karma B. Brown on behalf of ENBRIDGE ENERGY LIMITED (ztd) (Additional attachment(s) added on 1/19/2021: #1 Appearance, #2 Appearance) (ztd).
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Filing 24
MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 1/9/21. (lcckk3)
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Filing 23
ORDER granting #19 Motion to Intervene as a Defendant by Enbridge Energy, Limited Partnership. Signed by Judge Colleen Kollar-Kotelly on 1/9/21. (lcckk3)
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Filing 22
RESPONSE by HONOR THE EARTH, RED LAKE BAND OF CHIPPEWA INDIANS, SIERRA CLUB, WHITE EARTH BAND OF OJIBWE re #19 MOTION to Intervene as a Defendant (Nasmith, Moneen) Modified event on 1/7/2021 (ztd).
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Filing 21
SCHEDULING AND PROCEDURES ORDER. Signed by Judge Colleen Kollar-Kotelly on 1/6/21. (lcckk3)
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Filing 20
RESPONSE by UNITED STATES ARMY CORPS OF ENGINEERS re #19 MOTION to Intervene as a Defendant (Gange, Heather) Modified on text 1/7/2021 (ztd).
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Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference on the record held on 1/6/2021. Order forthcoming. (Court Reporter Lisa Edwards.) (dot)
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MINUTE ORDER. The Court held a teleconference in this matter on January 6, 2021. The Court discussed with the parties the briefing schedule regarding Plaintiffs' #2 Motion for Preliminary Injunction. The Court shall adopt the schedule proposed by the parties and ORDERS that Defendant shall file its Opposition by JANUARY 15, 2021 and Plaintiffs shall file their Reply by JANUARY 20, 2021. Plaintiffs indicated that they intend to file supplemental affidavits in support of their Motion for Preliminary Injunction. The Court ORDERS that Plaintiffs shall do so by JANUARY 13, 2021 at 10:00 a.m. The Court further ORDERS that the parties shall file by JANUARY 20, 2021 a stipulation indicating the parties' agreement on the pertinent portions of the administrative record relied on in the parties' briefing on the Motion for Preliminary Injunction and shall also file the agreed-upon records. The Court also discussed with the parties the pending #19 Motion to Intervene as a Defendant by Enbridge Energy, LP. Defendant indicated that it does not oppose Enbridge Energy's Motion to Intervene and subsequently filed a #20 Notice indicating its position on the docket. Plaintiffs requested additional time to review Enbridge Energy's Motion to Intervene. The Court ORDERS that Plaintiff shall file by JANUARY 7, 2021 at 12:00 p.m. a Notice indicating either (1) that Plaintiffs do not oppose Enbridge Energy's Motion to Intervene; or (2) that Plaintiffs do oppose Enbridge Energy's Motion to Intervene and a proposed timeline to file their Opposition. Signed by Judge Colleen Kollar-Kotelly on 1/6/21. (lcckk3)
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Set/Reset Deadlines: Defendant's Response to #2 due by 1/15/2021. Plaintiffs' Reply to #2 due by 1/20/2021. (dot)
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Filing 19
MOTION to Intervene as a Defendant by Enbridge Energy, Limited Partnership (Attachments: #1 Memorandum in Support, #2 Exhibit L3R Decision Document, #3 Declaration of Barry Simonson, #4 Text of Proposed Order, #5 Certificate Rule 26.1, #6 Notice of Appearance - George P. Sibley, III, #7 Notice of Appearance - Deidre G. Duncan, #8 Notice of Appearance - Karma B. Brown)(Sibley, George)
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Filing 18
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/4/2021. Answer due for ALL FEDERAL DEFENDANTS by 3/5/2021. (Nasmith, Moneen)
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NOTICE OF CORRECTED DOCKET ENTRY: re #16 Notice of Appearance was entered in error and counsel refiled said pleading at docket entry no. #17 . (ztd)
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Filing 17
NOTICE of Appearance by Mark L. Walters on behalf of UNITED STATES ARMY CORPS OF ENGINEERS (Walters, Mark)
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Filing 16
ENTERED IN ERROR. . . . .NOTICE of Appearance by Mark L. Walters on behalf of UNITED STATES ARMY CORPS OF ENGINEERS (Walters, Mark) Modified on 1/5/2021 (ztd).
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Filing 15
ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 12/30/2020. (DM)
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Filing 14
NOTICE of Appearance by Mekela Panditharatne on behalf of All Plaintiffs (Attachments: #1 Declaration re: Local Rules)(Panditharatne, Mekela)
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Filing 13
NOTICE of Appearance by Alexis Andiman on behalf of All Plaintiffs (Attachments: #1 Declaration re: Local Rules)(Andiman, Alexis)
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Filing 12
NOTICE of Appearance by Moneen Susan Nasmith on behalf of All Plaintiffs (Attachments: #1 Declaration re: Local Rules)(Nasmith, Moneen)
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Filing 11
NOTICE of Appearance by Sara E. Costello on behalf of UNITED STATES ARMY CORPS OF ENGINEERS (Costello, Sara)
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MINUTE ORDER. The Court held a teleconference in this matter on DECEMBER 30, 2020. The Court discussed with the parties issues related to service and the timing of a briefing schedule regarding Plaintiffs' #2 Motion for Preliminary Injunction. The Court ORDERS that the parties shall confer regarding a proposed briefing schedule and date for submission of the administrative record. The Court further ORDERS that another teleconference will take place on JANUARY 6, 2021 at 9:00 a.m. to discuss the parties' proposed schedule for proceeding in this case. The parties shall provide the Court by email with a brief update on their scheduling efforts by no later than 6:00 p.m. on January 5, 2021. Signed by Judge Colleen Kollar-Kotelly on 12/30/2020. (lcckk3)
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Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference on the record via telephone held on 12/30/2020. Further Telephone Conference set for 1/6/2021 at 9:00 AM via Telephonic before Judge Colleen Kollar-Kotelly. (Court Reporter Lisa Edwards.) (dot)
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Filing 10
NOTICE of Appearance by Heather E. Gange on behalf of UNITED STATES ARMY CORPS OF ENGINEERS (Gange, Heather)
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MINUTE ORDER granting #3 , #4 , #5 Motions for Admission of Attorneys Pro Hac Vice with respect to Alexis Andiman, Moneen Nasmith, and Mekela Panditharatne, in order for them to appear as co-counsel for Plaintiffs, CONTINGENT on said attorneys filing a declaration certifying familiarity with this Court's Local Rules by no later than JANUARY 5, 2021. Counsel shall promptly register for this Court's CM/ECF system and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Colleen Kollar-Kotelly on 12/29/2020. (lcckk3)
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MINUTE ORDER. After consulting with counsel for Plaintiffs and Defendant, the Court shall hold a teleconference on DECEMBER 30, 2020 at 4:00 p.m. to discuss a briefing schedule regarding Plaintiffs' #2 Motion for Preliminary Injunction. Signed by Judge Colleen Kollar-Kotelly on 12/29/2020. (lcckk3)
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Set/Reset Hearings: Telephone Conference on the record set for 12/30/2020 at 4:00 PM via Telephonic before Judge Colleen Kollar-Kotelly. (dot)
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Filing 9
SUMMONS (3) Issued Electronically as to UNITED STATES ARMY CORPS OF ENGINEERS, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(adh, )
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Filing 8
ERRATA CORRECTION PER LCvR 5.1(c) by HONOR THE EARTH, RED LAKE BAND OF CHIPPEWA INDIANS, SIERRA CLUB, WHITE EARTH BAND OF OJIBWE #1 Complaint, filed by WHITE EARTH BAND OF OJIBWE, RED LAKE BAND OF CHIPPEWA INDIANS, HONOR THE EARTH, SIERRA CLUB. (Johnson, Seth)
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NOTICE OF ERROR re #1 Complaint; emailed to sjohnson@earthjustice.org, cc'd -1 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata. (adh, )
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Case Assigned to Judge Colleen Kollar-Kotelly. (adh, )
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Filing 7
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SIERRA CLUB (Johnson, Seth)
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Filing 6
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by HONOR THE EARTH (Johnson, Seth)
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Filing 5
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Mekela Panditharatne, Filing fee $ 100, receipt number ADCDC-8000552. Fee Status: Fee Paid. by HONOR THE EARTH, RED LAKE BAND OF CHIPPEWA INDIANS, SIERRA CLUB, WHITE EARTH BAND OF OJIBWE (Attachments: #1 Declaration, #2 Text of Proposed Order)(Johnson, Seth)
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Filing 4
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Moneen Nasmith, Filing fee $ 100, receipt number ADCDC-8000550. Fee Status: Fee Paid. by HONOR THE EARTH, RED LAKE BAND OF CHIPPEWA INDIANS, SIERRA CLUB, WHITE EARTH BAND OF OJIBWE (Attachments: #1 Declaration, #2 Text of Proposed Order)(Johnson, Seth)
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Filing 3
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alexis Andiman, Filing fee $ 100, receipt number ADCDC-8000543. Fee Status: Fee Paid. by HONOR THE EARTH, RED LAKE BAND OF CHIPPEWA INDIANS, SIERRA CLUB, WHITE EARTH BAND OF OJIBWE (Attachments: #1 Declaration, #2 Text of Proposed Order)(Johnson, Seth)
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Filing 2
MOTION for Preliminary Injunction by HONOR THE EARTH, RED LAKE BAND OF CHIPPEWA INDIANS, SIERRA CLUB, WHITE EARTH BAND OF OJIBWE (Attachments: #1 Text of Proposed Order, #2 Memorandum in Support, #3 Exhibit A to Mem of Law, #4 Exhibit B to Mem of Law, #5 Exhibit C to Mem of Law, #6 Exhibit D to Mem of Law, #7 Exhibit E to Mem of Law, #8 Exhibit F to Mem of Law, #9 Exhibit G to Mem of Law, #10 Exhibit H to Mem of Law, #11 Exhibit I to Mem of Law, #12 Exhibit J to Mem of Law, #13 Exhibit K to Mem of Law, #14 Exhibit L to Mem of Law, #15 Exhibit M to Mem of Law)(Johnson, Seth)
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Filing 1
COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 402 receipt number ADCDC-8000460) filed by SIERRA CLUB, RED LAKE BAND OF CHIPPEWA INDIANS, HONOR THE EARTH, WHITE EARTH BAND OF OJIBWE. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons)(Johnson, Seth)
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