MATSON NAVIGATION COMPANY, INC. v. DEPARTMENT OF TRANSPORTATION et al
| MATSON NAVIGATION COMPANY, INC. |
| DEPARTMENT OF TRANSPORTATION and MARITIME ADMINISTRATION |
| APL MARINE SERVICES, LTD. |
| 1:2022cv01975 |
| July 8, 2022 |
| US District Court for the District of Columbia |
| Randolph D Moss |
| Other Statutory Actions |
| 05 U.S.C. § 0701 Judicial Review of Agency Decision |
| None |
Docket Report
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This docket was last retrieved on August 25, 2022. A more recent docket listing may be available from PACER.
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USCA Case Number 22-5224 for #31 Notice of Appeal to DC Circuit Court, filed by MATSON NAVIGATION COMPANY, INC.. (zjm)
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Filing 32
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 re #31 Notice of Appeal to DC Circuit Court. (zjm)
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Filing 31
NOTICE OF APPEAL TO DC CIRCUIT COURT as to #30 Order on Motion for Preliminary Injunction,,, Order on Motion to Strike,, by MATSON NAVIGATION COMPANY, INC.. Filing fee $ 505, receipt number ADCDC-9456025. Fee Status: Fee Paid. Parties have been notified. (Townsend, Lucas)
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Filing 30
MEMORANDUM OPINION AND ORDER: For the reasons stated in the attached Memorandum Opinion and Order, it is hereby ORDERED that Plaintiff's Motion for a Preliminary Injunction, #7 , is DENIED. It is further ORDERED that Defendants' Motion to Strike Plaintiff's Supplemental Declaration, #27 , is DENIED as moot. See document for details. Signed by Judge Randolph D. Moss on 08/19/2022. (lcrdm1) Modified on 8/19/2022 to edit document type from "order" to "opinion" (kt).
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Filing 29
RESPONSE re #27 MOTION to Strike #25 Reply to opposition to Motion Plaintiff's Supplemental Declaration or, in the alternative, for leave to file a Surreply filed by MATSON NAVIGATION COMPANY, INC.. (Townsend, Lucas)
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Filing 28
MOTION for Leave to File Supplemental Declaration by MATSON NAVIGATION COMPANY, INC.. (Attachments: #1 Proposed Supplemental Brief, #2 Text of Proposed Order)(Townsend, Lucas)
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Filing 27
MOTION to Strike #25 Reply to opposition to Motion Plaintiff's Supplemental Declaration or, in the alternative, for leave to file a Surreply by DEPARTMENT OF TRANSPORTATION, MARITIME ADMINISTRATION. (Attachments: #1 Exhibit Proposed Surreply, #2 Text of Proposed Order)(Borson, Joseph)
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Filing 26
AMENDED MEMORANDUM re #7 MOTION for Preliminary Injunction filed by MATSON NAVIGATION COMPANY, INC. by MATSON NAVIGATION COMPANY, INC.. (Attachments: #1 Redline of Amended Memorandum)(Townsend, Lucas) Modified event title on 8/2/2022 (znmw).
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Filing 25
REPLY to opposition to motion re #7 MOTION for Preliminary Injunction filed by MATSON NAVIGATION COMPANY, INC.. (Attachments: #1 Supplemental Declaration of J. Lauer)(Townsend, Lucas)
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Filing 24
Memorandum in opposition to re #7 MOTION for Preliminary Injunction filed by APL MARINE SERVICES, LTD.. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Attachment 1, #5 Attachment 2, #6 Attachment 3, #7 Attachment 4, #8 Attachment 5)(Burgess, Brian)
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Filing 23
Memorandum in opposition to re #7 MOTION for Preliminary Injunction filed by DEPARTMENT OF TRANSPORTATION, MARITIME ADMINISTRATION. (Attachments: #1 Text of Proposed Order)(Borson, Joseph)
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Filing 22
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/14/2022. (Wesneski, Joshua)
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Filing 21
TRANSCRIPT OF SCHEDULING CONFERENCE (held remotely via Zoom) before the Honorable Randolph D. Moss held on 07/14/2022. Page Numbers: 1-14. Date of Issuance: 07/15/2022. Stenographic Court Reporter: Nancy J. Meyer. Telephone Number: 202-354-3118. Transcripts may be ordered by going to www.dcd.uscourts.gov. For 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 21 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 8/10/2022. Redacted Transcript Deadline set for 8/20/2022. Release of Transcript Restriction set for 10/18/2022.(Meyer, Nancy J.)
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Filing 20
NOTICE of Administrative Record by DEPARTMENT OF TRANSPORTATION, MARITIME ADMINISTRATION (Attachments: #1 AR Certification & Index, #2 AR Part 1 - Bates 1 to 34, #3 AR Part 2 - Bates 35 to 52, #4 AR Part 3 - Bates 53 to 111, #5 AR Part 4 - Bates 112 to 125, #6 AR Part 5 - Bates 126 to 137, #7 AR Part 6 - Bates 138 to 155, #8 AR Part 7 - Bates 156 to 174, #9 AR Part 8 - Bates 175 to 182, #10 AR Part 9 - Bates 183 to 195, #11 AR Part 10 - Bates 196 to 365, #12 AR Part 11 - Bates 366 to 459, #13 AR Part 12 - Bates 460 to 473, #14 AR Part 13 - Bates 474 to 483, #15 AR Part 14 - Bates 484 to 585, #16 AR Part 15 - Bates 586 to 641, #17 AR Part 16 - Bates 642 to 700, #18 AR Part 17 - Bates 701 to 702, #19 AR Part 18 - Bates 703 to 704, #20 AR Part 19 - Bates 705 to 706, #21 AR Part 20 - Bates 707 to 708, #22 AR Part 21 - Bates 709 to 711, #23 AR Part 22 - Bates 712 to 715, #24 AR Part 23 - Bates 716 to 731, #25 AR Part 24 - Bates 732 to 788, #26 AR Part 25 - Bates 789 to 805)(Borson, Joseph)
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Filing 19
NOTICE of Appearance by Rachel S. Brass on behalf of MATSON NAVIGATION COMPANY, INC. (Brass, Rachel)
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Filing 18
STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 7/15/2022. (lcrdm1)
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MINUTE ORDER: Upon consideration of Plaintiff's Motion for Admission Pro Hac Vice #4 , it is hereby ORDERED that the motion is GRANTED. RACHEL S. BRASS is hereby granted leave to appear pro hac vice in this case. 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 Randolph D. Moss on 7/15/2022. (lcrdm1)
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Set/Reset Deadlines: Administrative Record due by 7/19/2022. (kt)
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Minute Entry for proceedings held before Judge Randolph D. Moss: Video (Zoom) Scheduling Conference held on 7/14/2022. Plaintiff's reply brief due by 7/29/2022. (Court Reporter: Nancy Meyer.) (kt)
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MINUTE ORDER: Upon consideration of Defendants' unopposed motion for an extension of time to file a response, Dkt. #17 , it is hereby ORDERED that the motion is GRANTED. The Federal Defendants and Defendant-Intervenor shall file their responses to Plaintiff's motion for a preliminary injunction on or before July 22, 2022. It is further ORDERED that the Federal Defendants shall submit the administrative record in this case on or before July 19, 2022. Signed by Judge Randolph D. Moss on 7/13/2022. (lcrdm1)
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MINUTE ORDER: Upon consideration of APL Marine Services, Ltd.'s unopposed motion to intervene, Dkt. #14 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the requirements of Local Rule 7(j) are waived and that Intervenor-Defendant's answer to the complaint shall be due on the same date as the Federal Defendants'--that is, on or before September 9, 2022. Signed by Judge Randolph D. Moss on 7/13/2022. (lcrdm1)
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Filing 17
Unopposed MOTION for Extension of Time to File Response/Reply as to #7 MOTION for Preliminary Injunction by DEPARTMENT OF TRANSPORTATION, MARITIME ADMINISTRATION. (Attachments: #1 Text of Proposed Order)(Borson, Joseph)
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Filing 16
NOTICE of Hearing by MATSON NAVIGATION COMPANY, INC. re Order, (Townsend, Lucas)
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Filing 15
NOTICE of Appearance by Joseph Evan Borson on behalf of DEPARTMENT OF TRANSPORTATION, MARITIME ADMINISTRATION (Borson, Joseph)
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MINUTE ORDER: Because counsel for the government defendants has not yet entered an appearance in this case, the Court hereby ORDERS Plaintiff to notify defense counsel of the scheduling conference and to share the video teleconference access information provided by the Courtroom Deputy Clerk. Signed by Judge Randolph D. Moss on 7/12/2022. (lcrdm1)
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Filing 14
MOTION to Intervene by APL MARINE SERVICES, LTD.. (Burgess, Brian)
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Filing 13
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by APL MARINE SERVICES, LTD. (Burgess, Brian)
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Filing 12
NOTICE of Appearance by Gerard Justin Cedrone on behalf of APL MARINE SERVICES, LTD. (Cedrone, Gerard)
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Filing 11
NOTICE of Appearance by Brian T Burgess on behalf of APL MARINE SERVICES, LTD. (Burgess, Brian)
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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 7/11/2022. Answer due for ALL FEDERAL DEFENDANTS by 9/9/2022. (Townsend, Lucas)
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Filing 9
SUMMONS (4) Issued Electronically as to DEPARTMENT OF TRANSPORTATION, MARITIME ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(zmh)
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Case Assigned to Judge Randolph D. Moss. (zmh)
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MINUTE ORDER: In light of Plaintiff's motion for a preliminary injunction, Dkt. #7 , the parties are hereby ORDERED to appear by video before Judge Randolph D. Moss for a scheduling conference at 3:30 p.m. on July 14, 2022. Signed by Judge Randolph D. Moss on 7/11/2022. (lcrdm1)
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Filing 8
ERRATA by MATSON NAVIGATION COMPANY, INC. re #4 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Rachel S. Brass, Filing fee $ 100, receipt number ADCDC-9357196. Fee Status: Fee Paid. filed by MATSON NAVIGATION COMPANY, INC.. (Attachments: #1 Declaration of R. Brass, #2 Certificate of Good Standing)(Townsend, Lucas)
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Filing 7
MOTION for Preliminary Injunction by MATSON NAVIGATION COMPANY, INC.. (Attachments: #1 Memorandum in Support, #2 Declaration of J. Lauer, #3 Declaration of J. Wesneski, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29, #33 Exhibit 30, #34 Statement in Support of Expedited Hearing, #35 Text of Proposed Order)(Townsend, Lucas)
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Filing 6
NOTICE of Appearance by Amalia Reiss on behalf of MATSON NAVIGATION COMPANY, INC. (Reiss, Amalia)
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Filing 5
NOTICE of Appearance by Joshua M. Wesneski on behalf of MATSON NAVIGATION COMPANY, INC. (Wesneski, Joshua)
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Filing 4
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Rachel S. Brass, Filing fee $ 100, receipt number ADCDC-9357196. Fee Status: Fee Paid. by MATSON NAVIGATION COMPANY, INC.. (Attachments: #1 Declaration of R. Brass)(Townsend, Lucas)
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Filing 3
NOTICE OF RELATED CASE by MATSON NAVIGATION COMPANY, INC.. Case related to Case No. 20-cv-2779, 18-cv-2751, 21-cv-1606. (Townsend, Lucas)
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Filing 2
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by MATSON NAVIGATION COMPANY, INC. (Townsend, Lucas)
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Filing 1
COMPLAINT against DEPARTMENT OF TRANSPORTATION, MARITIME ADMINISTRATION ( Filing fee $ 402 receipt number ADCDC-9357037) filed by MATSON NAVIGATION COMPANY, INC.. (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, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Civil Cover Sheet, #43 Summons, #44 Summons, #45 Summons, #46 Summons)(Townsend, Lucas)
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RESOLVED.....NOTICE OF ERROR re #5 Notice of Appearance; emailed to JWesneski@gibsondunn.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Attorney is provisional. Please renew your membership. See https://www.dcd.uscourts.gov/attorney-admissions-and-renewal-information., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zmh, ) Modified on 7/11/2022 to satisfy notice of error entry(zmh).
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NOTICE OF ERROR re #4 Motion for Leave to Appear Pro Hac Vice; emailed to ltownsend@gibsondunn.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Missing Certificate of Good Standing. Please file an errata., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zmh, )
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