Big Sky Scientific LLC v. Idaho State Police et al
| Big Sky Scientific LLC |
| Ada County, Jan M Bennetts and Idaho State Police |
| U.S. Hemp Roundtable, Inc. |
| 1:2019cv00040 |
| February 1, 2019 |
| US District Court for the District of Idaho |
| Ronald E Bush |
| Agriculture Acts |
| 28 U.S.C. § 2201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 3, 2019. A more recent docket listing may be available from PACER.
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| Filing 43 RESPONSE to Motion re #38 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) Big Sky's Opposition to Defendants' Motion to Dismiss filed by Big Sky Scientific LLC. Replies due by 4/2/2019. (Attachments: #1 Declaration of Elijah M. Watkins ISO Opposition, #2 Exhibit A to Watkins Declaration, #3 Exhibit B to Watkins Declaration)(Watkins, Elijah) |
| CORRECTIVE ENTRY - Please disregard docket number #42 filed by Big Sky Scientific LLC. Due to clerical error, the entry was docketed using the incorrect docket event and is being re-filed. (jp) |
| Filing 42 ANSWER to #1 Complaint, Plaintiff's Opposition to Defendants Ada County and Jan M. Bennetts' Motion to Dismiss by Big Sky Scientific LLC. (Attachments: #1 Declaration of Elijah M. Watkins ISO Big Sky's Opposition to Defendants' Motion to Dismiss, #2 Exhibit A to Watkins Declaration, #3 Exhibit B to Watkins Declaration)(Watkins, Elijah) |
| Filing 39 Sealed Document Re: #31 Sealed Document Reply in Support of County Defendant's Motion to Seal. (Morgan, Sherry) |
| Filing 38 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) Sherry A Morgan appearing for Defendants Ada County, Jan M Bennetts. Responses due by 3/18/2019 (Attachments: #1 Memorandum in Support of Ada County's Motion to Dismiss Pursuant to F.R.C.P. 12(b)(1) and 12(b)(6))(Morgan, Sherry) |
| Filing 37 Notice of Filing of Official Transcript Motion Hearing 2/11/19. (ke) |
| Filing 36 Transcript filed for dates of February 11, 2019 before Judge Ronald E. Bush, re #34 Notice of Appeal Court Transcriber Katherine Eismann, Email katherine_eismann@id.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/18/2019. Redacted Transcript Deadline set for 3/27/2019. Release of Transcript Restriction set for 5/28/2019. (ke) |
Filing 41
ORDER of USCA as to #34 Notice of Appeal filed by Big Sky Scientific LLC re: 19-35138. (alw)
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| Filing 35 TRANSCRIPT REQUEST by Big Sky Scientific LLC for proceedings held on 2/11/2019 before Judge Bush, re #34 Notice of Appeal (Notice sent by e-mail to Court Reporter) Transcript due by 2/28/2019. (Watkins, Elijah) |
| Filing 40 USCA Case Number 19-35138 for #34 Notice of Appeal filed by Big Sky Scientific LLC. (alw) |
| Filing 34 NOTICE OF APPEAL as to #32 Order on Motion for TRO, by Big Sky Scientific LLC. Filing fee $ 505, receipt number 0976-1850537. (Notice sent to Court Reporter & 9th Cir) (Watkins, Elijah) |
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Filing 33
ORDER. Roundtable's Motion for Leave to Appear as Amicus Curiae (Dkt. #25 ) is GRANTED and the Court will consider the amicus curiae brief Roundtable has filed. Plaintiff's Motion to File Overlength Reply in Support of Motion for Preliminary Injunction (Dkt. #27 ) is GRANTED. 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 (alw)
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Filing 32
MEMORANDUM DECISION AND ORDER. IT IS HEREBY ORDERED that Plaintiff's Motion forPreliminary Injunction (Dkt. #2 ) is DENIED. 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 (alw)
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| Filing 31 Sealed Document Re: #29 MOTION to Seal , #30 Sealed Document Plaintiff Big Sky's Sealed Opposition to Defendants' Motion to Seal (Dkt. 29). (Watkins, Elijah) |
| Filing 30 Sealed Document Re: #29 MOTION to Seal . (Roscheck, David) |
| Filing 29 MOTION to Seal David Aaron Roscheck appearing for Defendants Ada County, Jan M Bennetts. Responses due by 3/5/2019 (Roscheck, David) |
| Filing 28 Minute Entry for proceedings held before Judge Ronald E. Bush: Motion Hearing held on 2/11/2019 re #2 Emergency MOTION for Temporary Restraining Order filed by Big Sky Scientific LLC. Under Advisement.(Court Reporter/ESR lcase.) Audio File Location Boise - Courtroom 7. (lc) |
| Filing 27 MOTION re #26 Reply to Response to Motion, Plaintiff's Motion to File Overlength Brief Elijah Martin Watkins appearing for Plaintiff Big Sky Scientific LLC. Responses due by 2/28/2019 (Watkins, Elijah) |
| Filing 26 REPLY to Response to Motion re #2 Emergency MOTION for Temporary Restraining Order filed by Big Sky Scientific LLC.Motion Ripe Deadline set for 2/8/2019. (Attachments: #1 Declaration of Elijah M. Watkins ISO Reply, #2 Exhibit A to Watkins Declaration, #3 Exhibit B to Watkins Declaration, #4 Declaration of Paul Snegirev, #5 Declaration of Greg Duran ISO Reply, #6 Exhibit A to Duran Declaration)(Watkins, Elijah) |
| Filing 25 MOTION to File Amicus Brief Richard E Plymale appearing for Amicus U.S. Hemp Roundtable, Inc.. Responses due by 2/28/2019 (Attachments: #1 Brief of Amicus Curiae U.S. Hemp Roundtable, Inc.)(Plymale, Richard) |
| Filing 24 MEMORANDUM in Opposition re #2 Emergency MOTION for Temporary Restraining Order filed by Idaho State Police. Replies due by 2/20/2019. (Attachments: #1 Declaration Merritt Dublin, #2 Ex. A to Dublin Decl., #3 Declaration of J.D. Law, #4 Ex. A to Law Decl., #5 Ex. B to Law Decl.)(Yee-Wallace, Cynthia) |
| Filing 23 MEMORANDUM in Opposition re #2 Emergency MOTION for Temporary Restraining Order filed by Ada County, Jan M Bennetts. Replies due by 2/20/2019.(Roscheck, David) |
| Filing 22 DOCKET TEXT NOTICE of Hearing on Motion #2 Emergency MOTION for Temporary Restraining Order : Motion Hearing set for 2/11/2019 09:00 AM in Boise - Courtroom 7 before Judge Ronald E. Bush. (lc) |
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Filing 21
DOCKET ENTRY ORDER: Pending is #19 Defendant Idaho State Police's Motion to Vacate, which was unopposed by co-Defendants but opposed by Plaintiff. The Court has considered the merits of the motion and is persuaded that good cause exists to GRANT the motion. The hearing on #2 Plaintiff's Motion for Restraining Order and Preliminary Injunction is hereby vacated and reset for Monday, February 11 at 9:00 a.m. in Courtroom 7. All other deadlines remain in effect. Signed by Judge Ronald E. Bush. (kcs)
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| Filing 20 ALL PARTIES HAVE CONSENTED TO PROCEED BEFORE A US MAGISTRATE JUDGE (Attachments: #1 Consent by Plaintiff, #2 Consent by Ada County Defendants)(cjs) |
| Filing 19 MOTION to Vacate February 8, 2019 - 1:00 p.m. Hearing Cynthia Lin Yee-Wallace appearing for Defendant Idaho State Police. Responses due by 2/26/2019 (Attachments: #1 Affidavit Declaration of Merritt Dublin)(Yee-Wallace, Cynthia) |
| Filing 18 Docket entry only - CONSENT to Magistrate Judge filed. (alw) |
| Filing 17 Corporate Disclosure Statement by Big Sky Scientific LLC identifying Corporate Parent Big Sky Agriculture LLC for Big Sky Scientific LLC.. (Watkins, Elijah) |
| Filing 16 AFFIDAVIT of Service for Summons, Complaint, etc. served on Ada County on 2/4/2019, filed by Big Sky Scientific LLC., SUMMONS Returned Executed by Big Sky Scientific LLC. Ada County served on 2/4/2019, answer due 2/25/2019. (Watkins, Elijah) |
| Filing 15 SUMMONS Returned Executed by Big Sky Scientific LLC. Idaho State Police served on 2/4/2019, answer due 2/25/2019. (Watkins, Elijah) |
| Filing 14 AFFIDAVIT of Service for Summons, Complaint etc. served on Jan M. Bennetts on 2/4/2019, filed by Big Sky Scientific LLC., SUMMONS Returned Executed by Big Sky Scientific LLC. Jan M Bennetts served on 2/4/2019, answer due 2/25/2019. (Watkins, Elijah) |
| Filing 13 Docket entry only - CONSENT to Magistrate Judge filed. (cjs) |
| Filing 12 NOTICE of Appearance by Sherry A Morgan on behalf of Ada County, Jan M Bennetts (Morgan, Sherry) |
| Filing 11 NOTICE by Big Sky Scientific LLC re 9 Order, Plaintiff's Notice of Compliance with Court Docket Entry Order (Dkt. 9) (Watkins, Elijah) |
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Filing 10
DOCKET ENTRY ORDER: The Court has issued a decision on the Plaintiff's Motion for a Temporary Restraining Order and has set a briefing schedule, a deadline for decision upon consent to a magistrate judge, and a date and time for a hearing upon Plaintiff's Motion for Preliminary Injunction. These matters were dealt with immediately upon the filling of the Complaint in this matter, given the purported time urgency described in the Complaint and the Motion for Temporary Restraining Order. However, the Court is aware that as of the time of the filing of its decision and related orders, there was no indication in the record that Defendants had been served as required under FRCP 4. Obviously, the Court's decision and related orders do not override the requirements under the rules of procedure for service of process, and if the docket does not evidence service of process upon both defendants by Tuesday, February 5, 2019 at 12:00 p.m., then the briefing deadlines, consent deadline, and the order setting a hearing are vacated ab initio. Signed by Judge Ronald E. Bush. (kcs)
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Filing 9
DOCKET ENTRY ORDER: Plaintiff's counsel shall forthwith and with due diligence serve all other parties and personally serve copies of the following filings upon Defendants' counsel: #6 Memorandum Decision, #7 Order Setting Hearing, and #8 Notice of Assignment. Signed by Judge Ronald E. Bush. (dg)
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| Filing 8 NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Ada County, Jan M Bennetts, Big Sky Scientific LLC, Idaho State Police re #7 Order Setting Hearing on Motion, Consent/Objection to Magistrate due by 2/5/2019. (cjs)(Pursuant to Notice and Order Dkt. #7 .) |
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Filing 7
NOTICE AND ORDER REGARDING FURTHER PROCEEDINGS ON MOTION FOR TEMPORARY RESTRAINING ORDER - the Court HEREBY ORDERS/NOTICES the following: 1. Under its own motion and consistent with FRCP 65, the Court will set PlaintiffsMotion for Restraining Order and Preliminary Injunction (Dkt. #2 ) for hearing on February 8, 2019 at 1:00 p.m. in Courtroom 7. 2. Each Defendant is permitted to respond to Plaintiffs Motion at or before 9 p.m. on February 6, 2019, with a memorandum not to exceed 20 pages in length....Motion Hearing set for 2/8/2019 01:00 PM in Boise - Courtroom 7 before Judge Ronald E. Bush.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 6
MEMORANDUM DECISION AND ORDER RE: PLAINTIFF'S EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION (Docket No. #2 ) PLAINTIFFS MOTION TO FILE OVERLENGTH BRIEF (Docket No. #3 ) - IT IS HEREBY ORDERED that: 1. Plaintiffs Emergency Motion for Temporary Restraining Order and Preliminary Injunction (Dkt. #2 ) is DENIED. Under its own motion and consistent with FRCP 65, the Court will set Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction (Dkt. 2) for hearing by separate Notice and Order; and 2. Plaintiffs Motion to File Overlength Brief (Dkt. #3 ) is GRANTED.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) (Main Document 6 replaced on 2/2/2019 with correct document and NEF regenerated) (cjs).
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| CERTIFICATE OF SERVICE by Clerk of Court of emailing #6 Memorandum Decision and Order, #7 Notice and Order, and #8 Notice of Assignment Setting Deadline to counsel for defendants at adacountyprosecutor@adaweb.net, merrittdublinlaw@isp.idaho.gov. (cjs)(Service emails obtained from Plaintiff's certificate of service on motion.) Modified on 2/2/2019 to reflect email to merrittdublinlaw@isp.idaho.gov bounced back undeliverable (cjs). |
| Reset Deadlines as to #2 Emergency MOTION for Temporary Restraining Order . Defendant's Responses due by 2/6/2019 by 9:00 p.m. By Order Dkt. #7 .(cjs) |
| Filing 5 Summons Issued as to Ada County, Jan M Bennetts, Idaho State Police. (Print attached Summons for service.) (Attachments: #1 Summons Issued - Ada County, #2 Summons Issued - Jan M Bennetts)(cjs) |
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Filing 4
DOCKET ENTRY ORDER OF RECUSAL: Pursuant to 28 U.S.C. Section 455(b)(5)(iii), the undersigned Magistrate Judge hereby issues this order recusing herself from any further proceedings in this matter. The Clerk is requested to reassign this matter to another magistrate judge or to a district judge. Signed by Judge Candy W. Dale. (ah)
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| Filing 3 MOTION re #2 Emergency MOTION for Temporary Restraining Order Motion for Overlength Brief Elijah Martin Watkins appearing for Plaintiff Big Sky Scientific LLC. Responses due by 2/22/2019 (Watkins, Elijah) |
| Filing 2 Emergency MOTION for Temporary Restraining Order Elijah Martin Watkins appearing for Plaintiff Big Sky Scientific LLC. Responses due by 2/22/2019 (Attachments: #1 Memorandum in Support, #2 Declaration of Elijah M. Watkins, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Declaration of Ryan Shore)(Watkins, Elijah) |
| Filing 1 COMPLAINT Complaint for Declaratory Judgment against Idaho State Police, Ada County, Jan M Bennetts (Filing fee $ 400 receipt number 0976-1842609.), filed by Big Sky Scientific LLC. (Attachments: #1 Summons to Jan M. Bennett, #2 Summons to ISP, Merritt Dublin, #3 Cover Sheet)(Watkins, Elijah) Modified on 2/1/2019 (cjs). Modified on 2/1/2019 (cjs). |
| DOCKET ENTRY NOTICE of Case Number Change. Case reassigned to Judge Ronald E. Bush for all further proceedings. Please use this case number on all future pleadings, 1:19-cv-00040-REB. (cjs) |
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