Idaho Commission for the Blind and Visually Impaired v. Perry et al
| Idaho Commission for the Blind and Visually Impaired |
| Battelle Energy Alliance, LLC, United States Department of Energy and Rick Perry |
| 1:2018cv00402 |
| September 14, 2018 |
| U.S. District Court for the District of Idaho |
| Edward J. Lodge |
| Ronald E Bush |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 |
| None |
Docket Report
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| Filing 25 JUDGMENT - case is DISMISSED WITHOUT PREJUDICE and shall be closed. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs) |
| Filing 24 NOTICE of Voluntary Dismissal by Idaho Commission for the Blind and Visually Impaired (Warr, Adam) |
Filing 23
ORDER RE PLAINTIFFS MOTION FOR DECLARATORY AND INJUNCTIVE RELIEF (DKT. #2 ) - NOW THEREFORE IT IS HEREBY ORDERED that the Plaintiffs Motion for Declaratory and Injunctive Relief (Dkt. #2 ) is DENIED. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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| Filing 22 REPLY to Response to Motion re #2 MOTION for Preliminary Injunction filed by Idaho Commission for the Blind and Visually Impaired.(Warr, Adam) |
| Reset Deadlines as to #2 MOTION for Preliminary Injunction. Replies due by 10:a.m. on 9/20/2018. Order Dkt. #10 .(cjs) |
| Filing 21 DECLARATION re #18 Memorandum in Opposition to Motion, filed by Battelle Energy Alliance, LLC Declaration of Wendy Hall. (Attachments: #1 Exhibit A 1 of 3, #2 Exhibit A 2 of 3, #3 Exhibit A 3 of 3, #4 Exhibit B 1 of 6, #5 Exhibit B 2 of 6, #6 Exhibit B 3 of 6, #7 Exhibit B 4 of 6, #8 Exhibit B 5 of 6, #9 Exhibit B 6 of 6, #10 Exhibit C, #11 Exhibit D, #12 Exhibit E, #13 Exhibit F 1 of 2, #14 Exhibit F 2 of 2, #15 Exhibit G 1 of 3, #16 Exhibit G 2 of 3, #17 Exhibit G 3 of 3, #18 Exhibit H, #19 Exhibit I, #20 Exhibit J 1 of 2, #21 Exhibit J 2 of 2, #22 Exhibit K)(Oberrecht, Phillip) |
| Filing 20 DECLARATION re #18 Memorandum in Opposition to Motion, filed by Battelle Energy Alliance, LLC Declaration of Randy Strong. (Oberrecht, Phillip) |
| Filing 19 DECLARATION re #18 Memorandum in Opposition to Motion, filed by Battelle Energy Alliance, LLC Declaration of Matthew C Parks. (Attachments: #1 Exhibit A 1 of 2, #2 Exhibit A 2 of 2)(Oberrecht, Phillip) |
| Filing 18 MEMORANDUM in Opposition re #16 MOTION for Leave to File Excess Pages Motion to File Overlength Opposition to Plaintiffs Motion for Declaratory and Injunctive Relief, #2 MOTION for Preliminary Injunction Opposition to Plaintiffs Motion for Declaratory and Injunctive Relief filed by Battelle Energy Alliance, LLC. Replies due by 10/3/2018.(Oberrecht, Phillip) |
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Filing 17
DOCKET ENTRY ORDER granting #16 Motion for Leave to File Excess Pages. Finding good cause for the request, it is hereby granted. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kld)
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| Filing 16 MOTION for Leave to File Excess Pages Motion to File Overlength Opposition to Plaintiffs Motion for Declaratory and Injunctive Relief Phillip S Oberrecht appearing for Defendant Battelle Energy Alliance, LLC. Responses due by 10/10/2018 (Oberrecht, Phillip) |
| Filing 15 RESPONSE to Motion re #2 MOTION for Preliminary Injunction filed by Rick Perry, United States Department of Energy. Replies due by 10/3/2018.(Rodriguez, Joanne) |
| Filing 14 NOTICE of Appearance by Phillip S Oberrecht on behalf of Battelle Energy Alliance, LLC (Oberrecht, Phillip) |
| Filing 13 WAIVER OF SERVICE Returned Executed by Idaho Commission for the Blind and Visually Impaired. Battelle Energy Alliance, LLC waiver sent on 9/18/2018, answer due 11/19/2018. (Warr, Adam) |
| Filing 12 SUMMONS Returned Executed by Idaho Commission for the Blind and Visually Impaired. Rick Perry served on 9/18/2018, answer due 11/19/2018; United States Department of Energy served on 9/18/2018, answer due 11/19/2018. (Warr, Adam) |
| Filing 11 AFFIDAVIT of Service for Summons and Complaint served on Rick Perry, Jeff Sessions on 09-18-2018, filed by Idaho Commission for the Blind and Visually Impaired. (Warr, Adam) |
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Filing 10
ORDER SETTING EXPEDITED BRIEFING SCHEDULE re #2 MOTION for Preliminary Injunction. NOW THEREFORE IT IS HEREBY ORDERED that Defendants shall file a response to Plaintiffs Motion for Preliminary Injunction (Dkt. #2 ) by September 19, 2018. IT IS FURTHER ORDERED that Plaintiffs may file a reply, if any, on or before 10:00 a.m. on September 20, 2018. IT IS FURTHER ORDERED that Plaintiff provide Defendants with notice of this Order as soon as possible and consistent with Federal Rule of Civil Procedure 65(a). Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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| Reset Deadlines as to #2 MOTION for Preliminary Injunction. Responses due by 9/19/2018. Replies due by 10:00 a.m. on 9/20/2018. Order Dkt. #10 .(cjs) |
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Filing 9
ORDER OF REASSIGNMENT - In light of the short timeframe in which Plaintiffs motion for preliminary injunction would ideally be heard and decided, the Court finds that the additional delay imposed by the typical consent process (and even an abbreviated consent process) would unnecessarily hinder adecision on the merits, in a setting where urgency is paramount. Accordingly, the undersigned finds that the most appropriate path forward is to reassign this case to a district judge without further delay. Because not all named parties have consented to the jurisdiction of a United StatesMagistrate Judge to conduct all proceedings in this case in accordance with 28 U.S.C. 636(c) and/or FRCP 73, IT IS HEREBY ORDERED that this case is REASSIGNED to a United States District Judge. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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| Filing 8 Summons Issued as to Battelle Energy Alliance, LLC. (Print attached Summons for service.) (cjs) |
| Filing 7 Summons Issued as to Rick Perry, United States Department of Energy, U.S. Attorney and U.S. Attorney General (Print attached Summons for service.) (cjs) |
| Filing 6 DOCKET TEXT Minute Entry for proceedings held before Judge Ronald E. Bush: Status Conference held on 9/17/2018. Adam Warr for Pltff, Nick Woychick, not of record, Phil Oberrecht and Matt Parks, not of record. Defendants advised they have not been served. Court and counsel discussed this matter as stated on the record. Court shall enter an Order in due course. (Court Reporter/ESR lcase.) Audio File Location Boise - Courtroom 7. (lc) |
| Filing 5 DOCKET TEXT AMENDED NOTICE of Hearing: Clerical/ Correct Date is Mon. 9/17/18. Telephonic Status Conference set for 9/17/2018 01:30 PM in Telephonic Hearing - Boise Courtroom 7 before Judge Ronald E. Bush. (lc) |
| Filing 4 DOCKET TEXT NOTICE of Hearing: Telephonic Status Conference set for 9/18/2018 01:30 PM Mountain Time in Telephonic Hearing - Boise Courtroom 7 before Judge Ronald E. Bush. Mr. Warr shall initiate this Conference Call, and connect the Court at 208-334-1495.(lc) |
| Filing 3 Civil Cover Sheet re #1 Complaint, filed by Idaho Commission for the Blind and Visually Impaired. (Warr, Adam) |
| DOCKET ENTRY NOTICE of Case Number Change. Case reassigned to Judge Edward J. Lodge for all further proceedings. Judge Ronald E. Bush no longer assigned to case. Please use this case number on all future pleadings, 1:18-cv-402-EJL. (cjs) |
| RECEIPT: Civil Filing Fee Fee Received $ 400.00, receipt # IDX100022940 PAID IN FULL (cjs) |
| Filing 2 MOTION for Preliminary Injunction Adam Christopher Warr appearing for Plaintiff Idaho Commission for the Blind and Visually Impaired. Responses due by 10/5/2018 (Attachments: #1 Memorandum in Support, #2 Appendix Memo Cases, #3 Exhibit Memo, Ex. 1, #4 Exhibit Memo, Ex. 2, #5 Exhibit Memo, Ex. 3, #6 Affidavit Beck Declaration, #7 Exhibit Beck Decl, Ex. 1, #8 Exhibit Beck Decl., Ex. 2, #9 Exhibit Beck Decl., Ex. 3, #10 Affidavit Bresina Declaration, #11 Exhibit Bresina Decl., Ex. 1, #12 Exhibit Bresina Decl., Ex. 2, #13 Exhibit Bresina Decl., Ex. 3, #14 Exhibit Bresina Decl., Ex. 4, #15 Exhibit Bresina Decl., Ex. 5, #16 Exhibit Bresina Decl., Ex. 6 (RFP), #17 Exhibit Bresina Decl., Ex. 6 (SOW), #18 Exhibit Bresina Decl., Ex. 7 (RFP), #19 Exhibit Bresina Decl., Ex. 7 (SOW, #20 Exhibit Bresina Decl., Ex. 8, #21 Exhibit Bresina Decl., Ex. 9, #22 Exhibit Bresina Decl., Ex. 10, #23 Exhibit Bresina Decl., Ex. 11)(Warr, Adam) Modified on 9/17/2018 (cjs). |
| Filing 1 COMPLAINT against All Defendants, filed by Idaho Commission for the Blind and Visually Impaired. (Attachments: #1 Exhibit 1 - Complaint for Arbitration, #2 Summons DOE, #3 Summons Battelle, #4 Cover Sheet)(Warr, Adam) Modified on 9/17/2018 (cjs). |
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