State of Louisiana et al v. Haaland et al
| State of Louisiana by and through its Attorney General Jeff Landry, American Petroleum Institute, Chevron U.S.A. Inc., State of Louisiana and Chevron U S A Inc |
| Deb Haaland, Laura Daniel-Davis, Elizabeth Klein, James Kendall, U.S. Department of the Interior, Bureau of Ocean Energy Management Regulation & Enforcement and U S Dept of Interior |
| Shell Offshore Inc |
| Sierra Club, Center for Biological Diversity, Friends of the Earth and Turtle Island Restoration Network |
| Bruce Westerman, Garret Graves, Pete Stauber, Jerry Carl, August Pfluger, Wesley Hunt, John A Barrasso, Ted Cruz, Bill Cassidy and Cindy Hyde-Smith |
| 2:2023cv01157 |
| August 24, 2023 |
| US District Court for the Western District of Louisiana |
| James D Cain |
| Kathleen Kay |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 28 U.S.C. § 1361 Petition for Writ of Mandamus |
| None |
Docket Report
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This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.
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ELECTRONICALLY CERTIFIED Record on Appeal to US Court of Appeals re #83 Notice of Appeal and #84 Notice of Appeal is now available to Appellate Counsel via the 5th Circuit Court of Appeals website. See Instructions for Access and Use of the Electronic Record Download Feature of CM/ECF by clicking #here. (USCA #23-30666) If you do not have access to the Electronic Download Feature of CM/ECF, please submit your request for the certified record on appeal to the District Court. (crt,WalkerSld, B)
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Filing 96
APPEAL TRANSCRIPT REQUEST by Bureau of Ocean Energy Management Regulation & Enforcement, Laura Daniel-Davis, Deb Haaland, U S Dept of Interior, James Kendall, Elizabeth Klein for Preliminary Injunction Hearing held on September 21, 2023 before Judge James D Cain Jr. Court Reporter Deidre Juranka (aty,Hajek, Luther)
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Filing 95
CERTIFICATE OF SERVICE by Shell Offshore Inc re #1 Complaint,, Served on Laura Daniel-Davis on September 8, 2023 (aty,Becker, Kelly)
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Filing 94
APPEAL TRANSCRIPT REQUEST by Center for Biological Diversity, Friends of the Earth, Sierra Club, Turtle Island Restoration Network for Hearing on Motions for Preliminary Injunction held on 9/21/23 before Judge James D Cain Jr. Court Reporter Deidre Juranka (aty,Mashuda, Stephen) Transcript is already on file in the Clerk's Office. Modified text on 9/27/2023 (WalkerSld, B).
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Filing 93
CERTIFICATE OF SERVICE by Shell Offshore Inc re #1 Complaint,, Served on James Kendall on September 11, 2023 (aty,Becker, Kelly)
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Filing 92
CERTIFICATE OF SERVICE by Shell Offshore Inc re #1 Complaint,, Served on the US Department of the Interior on September 11, 2023 (aty,Becker, Kelly)
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Filing 91
CERTIFICATE OF SERVICE by Shell Offshore Inc re #1 Complaint,, Served on Elizabeth Klein on September 11, 2023 (aty,Becker, Kelly)
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Filing 90
CERTIFICATE OF SERVICE by Shell Offshore Inc re #1 Complaint,, Served on Deb Haaland on September 12, 2023 (aty,Becker, Kelly)
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Filing 89
CERTIFICATE OF SERVICE by Shell Offshore Inc re #1 Complaint,, Served on US Attorney General on September 13, 2023 (aty,Becker, Kelly)
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Filing 88
CERTIFICATE OF SERVICE by Shell Offshore Inc re #1 Complaint,, Served on Bureau of Ocean Energy Management Headquarters on September 11, 2023 (aty,Becker, Kelly)
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Filing 87
CERTIFICATE OF SERVICE by Shell Offshore Inc re #1 Complaint,, Served on US Attorney, Western District of Louisiana on August 30, 2023 (aty,Becker, Kelly)
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Filing 86
MEMORANDUM ORDER of USCA as to #84 Notice of Appeal, filed by Bureau of Ocean Energy Management Regulation & Enforcement, Deb Haaland, U S Dept of Interior, James Kendall, Laura Daniel-Davis, Elizabeth Klein, #83 Notice of Appeal, filed by Turtle Island Restoration Network, Center for Biological Diversity, Friends of the Earth, Sierra Club that Appellees unopposed motion for leave to file response/opposition in excess of word count but not to exceed 7,500 words is GRANTED. (crt,WalkerSld, B)
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Filing 85
ORDER of USCA as to #84 Notice of Appeal, filed by Bureau of Ocean Energy Management Regulation & Enforcement, Deb Haaland, U S Dept of Interior, James Kendall, Laura Daniel-Davis, Elizabeth Klein, #83 Notice of Appeal, filed by Turtle Island Restoration Network, Center for Biological Diversity, Friends of the Earth, Sierra Club granting in part Motion for stay pending appeal filed by Appellants Mr. James Kendall, DOI, Bureau of Ocean Energy Management, Regulation and Enforcement, Ms. Deb Haaland, Ms. Laura Daniel-Davis and Ms. Elizabeth Klein; denying Motion to stay order filed by Appellants Mr. James Kendall, DOI, Bureau of Ocean Energy Management, Regulation and Enforcement, Ms. Deb Haaland, Ms. Laura Daniel-Davis and Ms. Elizabeth Klein; denying Motion for stay pending appeal filed by Appellants Sierra Club, Center for Biological Diversity, Friends of the Earth and Turtle Island Restoration Network; granting Motion to file motion in excess of the word count limitations filed by Appellants Mr. James Kendall, DOI, Bureau of Ocean Energy Management, Regulation and Enforcement, Ms. Deb Haaland, Ms. Laura Daniel-Davis and Ms. Elizabeth Klein. (crt,WalkerSld, B)
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Filing 84
NOTICE OF APPEAL as to #82 Order on Motion for Preliminary Injunction, by Bureau of Ocean Energy Management Regulation & Enforcement, Laura Daniel-Davis, Deb Haaland, U S Dept of Interior, James Kendall, Elizabeth Klein. (Filed on behalf of USA - Filing Fee not required) (aty,Hajek, Luther)
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Filing 83
NOTICE OF APPEAL as to #82 Order on Motion for Preliminary Injunction, by Center for Biological Diversity, Friends of the Earth, Sierra Club, Turtle Island Restoration Network. (Filing fee $505, receipt number ALAWDC-5700777) (Attachments: #1 Exhibit A - ECF No. 82 Memorandum Order)(aty,Mashuda, Stephen)
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NOTICE of Appeal Transcript Order Requirement regarding #83 Notice of Appeal. Pursuant to FRAP 10(b), the Appellant must file the transcript order form regardless of whether transcripts are necessary. Access the 5th Circuit site by clicking #here. Hover over the Forms Fees & Guides tab, Forms, Court Reporter Forms, Transcript Order Form.In following the instructions on the form, please note manual notification to the court reporter and the 5th Circuit Court of Appeals is STILL REQUIRED. (crt,WalkerSld, B)
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NOTICE of Appeal Transcript Order Requirement regarding #84 Notice of Appeal. Pursuant to FRAP 10(b), the Appellant must file the transcript order form regardless of whether transcripts are necessary. Access the 5th Circuit site by clicking #here. Hover over the Forms Fees & Guides tab, Forms, Court Reporter Forms, Transcript Order Form.In following the instructions on the form, please note manual notification to the court reporter and the 5th Circuit Court of Appeals is STILL REQUIRED. (crt,WalkerSld, B)
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USCA Case Number 23-30666 for #83 Notice of Appeal, filed by Turtle Island Restoration Network, Center for Biological Diversity, Friends of the Earth, Sierra Club and #84 Notice of Appeal, filed by Bureau of Ocean Energy Management Regulation & Enforcement, Deb Haaland, U S Dept of Interior, James Kendall, Laura Daniel-Davis, Elizabeth Klein. (crt,WalkerSld, B)
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Set Deadline for Clerk re #83 Notice of Appeal and #84 Notice of Appeal: Certify Appeal Record (23-30666) by Clerk to COA 10/10/2023. (crt,WalkerSld, B)
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Filing 82
MEMORANDUM ORDER granting #14 Motion for Preliminary Injunction. Accordingly, the government defendants are enjoined from implementing the acreage withdrawal and Stipulation 4(B)(4) as described in the Final Notice of Sale and Record of Decision for Lease Sale 261. Government defendants are ordered to proceed with Lease Sale 261, absent the challenged terms, by September 30, 2023. Signed by Judge James D Cain, Jr on 9/21/2023. (crt,Stewart, T) Modified to correct document type on 9/28/2023 (Stewart, T).
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Filing 81
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings for Preliminary Injunction Hearing held on 9/21/2023 before Judge James D Cain Jr. Court Reporter/Transcriber DD Juranka, Telephone number (337)214-6669. Total pages: 58. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter. Redaction Request due 10/16/2023. Redacted Transcript Deadline set for 10/26/2023. Release of Transcript Restriction set for 12/26/2023. (crt,Juranka, D)
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Filing 80
MINUTES for proceedings held before Judge James D Cain, Jr: MOTION HEARING held on 9/21/2023 re #14 MOTION for Preliminary Injunction filed by American Petroleum Institute, State of Louisiana, Chevron U S A Inc. filed in this matter, and #4 MOTION for Preliminary Injunction by Shell Offshore Inc. filed in docket # 2:23-cv-1167. The Motions were taken under advisement, with a written ruling to follow. (Court Reporter: DD Juranka) (crt,Stewart, T)
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Filing 79
ORDER granting #45 Motion to Appear Pro Hac Vice for appearance of Nikesh Jindal for Chevron U S A Inc. Signed by Judge James D Cain, Jr on 9/20/2023. (crt,Bunting, M)
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Filing 78
ORDER granting #44 Motion to Appear Pro Hac Vice for appearance of Sarah C Bordelon for Chevron U S A Inc. Signed by Judge James D Cain, Jr on 9/20/2023. (crt,Bunting, M)
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Filing 77
ORDER granting #36 Motion to Appear Pro Hac Vice for appearance of Paul D Clement for American Petroleum Institute. Signed by Judge James D Cain, Jr on 9/20/2023. (crt,Bunting, M)
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Filing 76
ORDER granting #35 Motion to Appear Pro Hac Vice for appearance of James Xi for American Petroleum Institute. Signed by Judge James D Cain, Jr on 9/20/2023. (crt,Bunting, M)
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Filing 75
ORDER granting #34 Motion to Appear Pro Hac Vice for appearance of C Harker Rhodes, IV for American Petroleum Institute. Signed by Judge James D Cain, Jr on 9/20/2023. (crt,Bunting, M)
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Filing 74
ORDER granting #33 Motion to Appear Pro Hac Vice for appearance of Andrew C Lawrence for American Petroleum Institute. Signed by Judge James D Cain, Jr on 9/20/2023. (crt,Bunting, M)
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Filing 73
ORDER granting #32 Motion to Appear Pro Hac Vice for appearance of Stephen D Mashuda for Center for Biological Diversity,Stephen D Mashuda for Friends of the Earth,Stephen D Mashuda for Sierra Club,Stephen D Mashuda for Turtle Island Restoration Network. Signed by Judge James D Cain, Jr on 9/20/2023. (crt,Bunting, M)
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Filing 72
ORDER granting #31 Motion to Appear Pro Hac Vice for appearance of George Torgun for Center for Biological Diversity,George Torgun for Friends of the Earth,George Torgun for Sierra Club,George Torgun for Turtle Island Restoration Network. Signed by Judge James D Cain, Jr on 9/20/2023. (crt,Bunting, M)
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Filing 71
ORDER granting #30 Motion to Appear Pro Hac Vice for appearance of Brettny Hardy for Center for Biological Diversity,Brettny Hardy for Friends of the Earth,Brettny Hardy for Sierra Club,Brettny Hardy for Turtle Island Restoration Network. Signed by Judge James D Cain, Jr on 9/20/2023. (crt,Bunting, M)
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ORDER granting Motion for Pro Hac Vice filed in member case 2:23-cv-1167, allowing Stephen D Mushuda to be admitted to the bar of this Court pro hac vice on behalf of Intervenor-Defendants Sierra Club, Center for Biological Diversity, Friends of the Earth, and Turtle Island Restoration Network. ADMINISTRATIVE ENTRY NO PDF ATTACHED. (See member case 23:23-cv-1167, document #41). Signed by Judge James D Cain, Jr on 9/20/2023. (crt,Bunting, M)
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ORDER granting Motion for Pro Hac Vice filed in member case 2:23-cv-1167, allowing Mark W Mosier to be admitted to the bar of this Court pro hac vice on behalf of Consolidated-Plaintiff Shell Offshore Inc. ADMINISTRATIVE ENTRY NO PDF ATTACHED. See member case 23:23-cv-1167, document #42. Signed by Judge James D Cain, Jr on 9/20/2023. (crt,Bunting, M)
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ORDER granting Motion for Pro Hac Vice filed in member case 2:23-cv-1167, allowing Brettny Hardy to be admitted to the bar of this Court pro hac vice on behalf of Intervenor-Defendants Sierra Club, Center for Biological Diversity, Friends of the Earth, and Turtle Island Restoration Network. ADMINISTRATIVE ENTRY NO PDF ATTACHED. (See member case 23:23-cv-1167, document #39). Signed by Judge James D Cain, Jr on 9/20/2023. (crt,Bunting, M)
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ORDER granting Motion for Pro Hac Vice filed in member case 2:23-cv-1167, allowing George Torgun to be admitted to the bar of this Court pro hac vice on behalf of Intervenor-Defendants Sierra Club, Center for Biological Diversity, Friends of the Earth, and Turtle Island Restoration Network. ADMINISTRATIVE ENTRY NO PDF ATTACHED. (See member case 23:23-cv-1167, document #40). Signed by Judge James D Cain, Jr on 9/20/2023. (crt,Bunting, M)
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Filing 70
MEMORANDUM in Opposition re #14 MOTION for Preliminary Injunction filed by Plaintiffs Louisiana et al. and Plaintiff Shell Offshore Inc. filed by Center for Biological Diversity, Friends of the Earth, Sierra Club, Turtle Island Restoration Network. (Attachments: #1 Declaration of George Torgun in Support of Opposition, #2 Exhibit 1 to Torgun Decl. - Scientist Letter, #3 Exhibit 2 to Torgun Decl. - CBD Comments, #4 Declaration of Expert Aaron Rice, Ph.D, #5 Attachment 1 to Rice Decl. - Best (2023))(aty,Livingston de Calderon, Elizabeth)
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Filing 69
REPLY to Response to Motion re #14 MOTION for Preliminary Injunction filed by American Petroleum Institute, Chevron U S A Inc, State of Louisiana, Shell Offshore Inc. (crt,Crick, S)
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Filing 68
ELECTRONIC ORDER granting #67 Motion for Leave to File Excess Pages. The clerk is directed to docket the proposed reply. Signed by Judge James D Cain, Jr on 9/19/2023. (crt,Higgins, M)
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Filing 67
Ex Parte MOTION for Leave to File Excess Pages for Reply to Response to #14 Motion for Preliminary Injunction by American Petroleum Institute, Chevron U S A Inc, State of Louisiana, Shell Offshore Inc. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 9/19/2023. (Attachments: #1 Proposed order, #2 Proposed pleading)(aty,Phillips, Michael) Modified on 9/19/2023 to create docket entry relationship. (Crick, S).
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Motions Transferred regarding #67 Ex Parte MOTION for Leave to File Excess Pages for Reply to Response to #14 Motion for Preliminary Injunction. Motions referred to Judge James D Cain, Jr. (crt,Crick, S)
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Filing 66
CORRECTIVE DOCUMENT entitled Brief of Amici Curiae 10 Members of the United States Congress in Support of Plaintiffs' Motion for Preliminary Injunction filed by John A Barrasso, Jerry Carl, Bill Cassidy, Ted Cruz, Garret Graves, Wesley Hunt, Cindy Hyde-Smith, August Pfluger, Pete Stauber, Bruce Westerman regarding #65 Memorandum in Support of Motion . (aty,Laborde, Kenneth)
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Filing 65
AMICUS BRIEF in Support re #14 MOTION for Preliminary Injunction filed by John A Barrasso, Jerry Carl, Bill Cassidy, Ted Cruz, Garret Graves, Wesley Hunt, Cindy Hyde-Smith, August Pfluger, Pete Stauber, Bruce Westerman. (crt,Bunting, M)
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Filing 64
ELECTRONIC ORDER granting #63 Motion for Leave to File Amicus Brief. The clerk is directed to docket the proposed memorandum. Signed by Judge James D Cain, Jr on 9/15/2023. (crt,Higgins, M)
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Filing 63
Unopposed MOTION for Leave to File Brief of Amici Curiae 10 Members of the United States Congress in Support of Plaintiffs' Motion for Preliminary Injunction with consent by Bruce Westerman, Garret Graves, Pete Stauber, Jerry Carl, August Pfluger, Wesley Hunt, Senator John A. Barrasso, Senator Ted Cruz, Senator Bill Cassidy, Senator Cindy Hyde-Smith. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 9/15/2023. (Attachments: #1 Brief of Amici Curiae 10 Members of the United States Congress in Support of Plaintiffs' Motion for Preliminary Injunction, #2 Proposed order)(Attorney Kenneth H Laborde added to party Bruce Westerman(pty:am), Attorney Kenneth H Laborde added to party Garret Graves(pty:am), Attorney Kenneth H Laborde added to party Pete Stauber(pty:am), Attorney Kenneth H Laborde added to party Jerry Carl(pty:am), Attorney Kenneth H Laborde added to party August Pfluger(pty:am), Attorney Kenneth H Laborde added to party Wesley Hunt(pty:am), Attorney Kenneth H Laborde added to party Senator John A. Barrasso(pty:am), Attorney Kenneth H Laborde added to party Senator Ted Cruz(pty:am), Attorney Kenneth H Laborde added to party Senator Bill Cassidy(pty:am), Attorney Kenneth H Laborde added to party Senator Cindy Hyde-Smith(pty:am))(aty,Laborde, Kenneth)
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Filing 62
ELECTRONIC ORDER denying #61 Motion to Waive or Reschedule Hearing. The hearing date has been set for over a week without any notice of plaintiffs' opposition to the date. The court will issue a ruling by the following day. Signed by Judge James D Cain, Jr on 9/15/2023. (crt,Higgins, M)
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Filing 61
MOTION to Waive or Set Earlier Hearing on Plaintiffs' Motions for Preliminary Injunction re 43 Order,, Set Motion and R&R Deadlines/Hearings, by All Plaintiffs. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 9/15/2023. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,Holmes, James). Added MOTION to Expedite on 9/15/2023 (Bunting, M). Modified to add additional relief requested on 9/15/2023 (Bunting, M).
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Filing 60
ANSWER in Intervention to Complaint (filed in 2:23-cv-1167) by Center for Biological Diversity, Friends of the Earth, Sierra Club, Turtle Island Restoration Network.(crt,Bunting, M)
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Filing 59
ANSWER in Intervention to #1 Complaint by Center for Biological Diversity, Friends of the Earth, Sierra Club, Turtle Island Restoration Network.(crt,Bunting, M)
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Filing 58
MEMORANDUM ORDER granting #24 Motion to Intervene. Intervenor-defendants participation in the Motion for Preliminary Injunction [doc. 14] is limited to a single brief of up to 25 pages, excluding table of contents and authorities, which must be filed in the court on or before September 19, 2023. Time at oral argument is reserved only for the original parties to the suit. Signed by Judge James D Cain, Jr on 9/14/2023. (crt,Jones, P) (Main Document 58 replaced on 9/14/2023) (Jones, P). Modified on 9/14/2023 to edit text (Jones, P).
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Filing 57
ANSWER to Complaint filed by Shell Offshore Inc. by Bureau of Ocean Energy Management Regulation & Enforcement, Laura Daniel-Davis, Deb Haaland, U S Dept of Interior, James Kendall, Elizabeth Klein.(aty,Hajek, Luther)
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Filing 56
RESPONSE in Opposition to Shell's Motion for Preliminary Injunction (23-1167, ECF No. 4) by Center for Biological Diversity, Friends of the Earth, Sierra Club, Turtle Island Restoration Network . (Attachments: #1 Declaration of George Torgun in Support of Opposition, #2 Exhibit 1 to Torgun Decl., #3 Exhibit 2 to Torgun Decl., #4 Declaration of Expert Aaron Rice, Ph.D, #5 Attachment 1 to Rice Decl.)(aty,Livingston de Calderon, Elizabeth)
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Filing 55
MEMORANDUM in Opposition re #14 MOTION for Preliminary Injunction filed by Plaintiffs' Louisiana et al. and Plaintiff Shell Offshore Inc. filed by Bureau of Ocean Energy Management Regulation & Enforcement, Laura Daniel-Davis, Deb Haaland, U S Dept of Interior, James Kendall, Elizabeth Klein. (Attachments: #1 Exhibit ESA Reinitiation Letter, #2 Exhibit LS 259 Record of Decision, #3 Exhibit BOEM Decision Memo, #4 Exhibit Section 7(d) Determination, #5 Exhibit LS 261 Record of Decision, #6 Affidavit Declaration of Walter Cruickshank)(aty,Hajek, Luther)
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Filing 54
ANSWER to #1 Complaint,, by Bureau of Ocean Energy Management Regulation & Enforcement, Laura Daniel-Davis, Deb Haaland, U S Dept of Interior, James Kendall, Elizabeth Klein.(aty,Hajek, Luther)
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Filing 53
MEMORANDUM in Opposition re #14 MOTION for Preliminary Injunction filed by Center for Biological Diversity, Friends of the Earth, Sierra Club, Turtle Island Restoration Network. (Attachments: #1 Declaration of George Torgun in Support of Opposition, #2 Exhibit 1 to Torgun Decl., #3 Exhibit 2 to Torgun Decl., #4 Declaration of Expert Aaron Rice, Ph.D, #5 Attachment 1 to Rice Decl.)(aty,Livingston de Calderon, Elizabeth)
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Filing 52
NOTICE of Consolidation by Clerk. (crt,Bunting, M)
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Filing 51
ORDER granting #46 Motion to Consolidate Cases. Lead Case Number: 2:23-cv-1157. Member Case Number(s): 2:23-cv-1167. All future filings shallbe made in the lead case, State of Louisiana, et al. v. Deb Haaland, et al., No. 2:23-cv-1157.Each party will be permitted to file separate briefs and will be permitted separate time for argument at any hearings. A separate judgment will be entered in each case. Signed by Judge James D Cain, Jr on 9/12/2023. (crt,Bunting, M)
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Filing 50
ELECTRONIC ORDER granting #48 Motion for Leave to File Excess Pages. Defendants are hereby granted permission to file one brief of up to 45 pages in total (excluding the table ofcontents and table of authorities, see W.D. La. LR 7.8) responding to the preliminary injunction motions filed in this matter and related case Shell Offshore Inc. v. U.S. Department of Interior, No. 2:23-cv-1167. Signed by Judge James D Cain, Jr on 9/13/2023. (crt,Higgins, M)
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Filing 49
NOTICE of Deficiency to Luther L Hajek on behalf of Bureau of Ocean Energy Management Regulation & Enforcement, Laura Daniel-Davis, Deb Haaland, U S Dept of Interior, James Kendall, Elizabeth Klein regarding #48 Unopposed MOTION for Leave to File Excess Pages . Reason: A motion for leave to file must be accompanied by the proposed pleading. The court will not act on such a motion without reviewing the document sought to be filed. Please refer to LR 7.6 for more information. The motion cannot be referred to chambers until this deficiency is corrected. (crt,Bunting, M)
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NOTICE of Corrective Action to Luther L Hajek on behalf of Bureau of Ocean Energy Management Regulation & Enforcement, Laura Daniel-Davis, Deb Haaland, U S Dept of Interior, James Kendall, Elizabeth Klein regarding #48 Unopposed MOTION for Leave to File Excess Pages , #49 Notice of Deficiency,,. Action taken: Deficiency removed from docket entry. Deadline terminated. (crt,Bunting, M)
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Filing 48
Unopposed MOTION for Leave to File Excess Pages by All Defendants. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 9/12/2023. (Attachments: #1 Proposed order)(aty,Hajek, Luther) Modified to reflect deficient status on 9/13/2023 (Bunting, M). Modified to remove deficient status on 9/13/2023 (Bunting, M).
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Filing 47
MEMORANDUM in Opposition re #24 MOTION to Intervene with opposition filed by American Petroleum Institute, Chevron U S A Inc, State of Louisiana. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(aty,Phillips, Michael)
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Motions Transferred regarding #46 Unopposed MOTION to Consolidate Case with Case Number 23-cv-1167. Motions referred to Judge James D Cain, Jr. (crt,Stewart, T)
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Filing 46
Unopposed MOTION to Consolidate Case with Case Number 23-cv-1167 by All Defendants. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 9/8/2023. (Attachments: #1 Proposed order)(aty,Hajek, Luther) Modified docket text on 9/11/2023 (Miletello, A).
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Filing 45
MOTION for Nikesh Jindal to Appear Pro Hac Vice Nikesh Jindal (Admission fee: $105, receipt number ALAWDC-5685162) by Chevron U S A Inc. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 9/8/2023. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,Phillips, Michael)
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Filing 44
MOTION for Sarah C. Bordelon to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5681056) by Chevron U S A Inc. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 9/6/2023. (Attachments: #1 Proposed order, #2 Certificate of good standing)(aty,Juneau, Claire)
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Filing 43
ELECTRONIC ORDER re #14 MOTION for Preliminary Injunction filed by American Petroleum Institute, State of Louisiana, Chevron U S A Inc: The hearing on this matter is hereby reset for 9/21/2023 at 01:30 PM in Lake Charles, Courtroom 4 before Judge Cain in order to allow the court time to rule before the statutory lease sale deadline. Signed by Judge James D Cain, Jr on 9/5/2023. (crt,Higgins, M)
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Filing 42
ELECTRONIC ORDER re #14 MOTION for Preliminary Injunction filed by American Petroleum Institute, State of Louisiana, Chevron U S A Inc: A hearing on the Motion is set for 10/12/2023 at 01:30 PM in Lake Charles, Courtroom 4 before Judge Cain. Signed by Judge James D Cain, Jr on 9/5/2023. (crt,Higgins, M)
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Filing 41
ELECTRONIC ORDER granting #23 Motion for Extension of Time to File Response/Reply re #14 MOTION for Preliminary Injunction with opposition and for an Extension of Time to File a Response to the Complaint: Responses and Answer due by 9/13/2023. Signed by Judge James D Cain, Jr on 9/5/2023. (crt,Higgins, M)
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Filing 40
ELECTRONIC ORDER granting #29 Motion to Expedite. Responses to the #24 Motion to Intervene are due by 9/12/2023 and replies by 9/15/2023. Signed by Judge James D Cain, Jr on 9/5/2023. (crt,Higgins, M)
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Filing 39
CORPORATE DISCLOSURE STATEMENT by American Petroleum Institute. (aty,Holmes, James)
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Filing 38
CORRECTIVE DOCUMENT entitled Proposed Order for Motion to Appear Pro Hac Vice of Paul D. Clement (R. 36) filed by American Petroleum Institute regarding #36 MOTION for Paul D. Clement to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5678902) . (aty,Holmes, James)
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Filing 37
CORRECTIVE DOCUMENT entitled Proposed Order for Motion to Appear Pro Hac Vice of C. Harker Rhodes IV (R. 34) filed by American Petroleum Institute regarding #34 MOTION for Charles Harker Rhodes IV to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5678900) . (aty,Holmes, James)
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Motions Transferred regarding #24 MOTION to Intervene with opposition , #29 MOTION to Expedite consideration of #24 MOTION to Intervene with opposition . Motions referred to Judge James D Cain, Jr. (crt,Bunting, M)
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Filing 36
MOTION for Paul D. Clement to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5678902) by American Petroleum Institute. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 9/2/2023. (Attachments: #1 Certificate of good standing, #2 Text of proposed order)(aty,Holmes, James) See #38 Corrected Order.
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Filing 35
MOTION for James Xi to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5678901) by American Petroleum Institute. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 9/2/2023. (Attachments: #1 Certificate of good standing, #2 Text of proposed order)(aty,Holmes, James)
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Filing 34
MOTION for Charles Harker Rhodes IV to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5678900) by American Petroleum Institute. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 9/2/2023. (Attachments: #1 Certificate of good standing, #2 Text of proposed order)(aty,Holmes, James) See #37 Corrected Order.
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Filing 33
MOTION for Andrew C. Lawrence to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5678896) by American Petroleum Institute. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 9/2/2023. (Attachments: #1 Certificate of good standing, #2 Text of proposed order)(aty,Holmes, James)
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Filing 32
MOTION for Stephen D. Mashuda to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5678855) by Center for Biological Diversity, Friends of the Earth, Sierra Club, Turtle Island Restoration Network. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 9/1/2023. (Attachments: #1 Certificate of good standing, #2 Text of proposed order)(aty,Livingston de Calderon, Elizabeth)
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Filing 31
MOTION for George Torgun to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5678854) by Center for Biological Diversity, Friends of the Earth, Sierra Club, Turtle Island Restoration Network. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 9/1/2023. (Attachments: #1 Certificate of good standing, #2 Text of proposed order)(aty,Livingston de Calderon, Elizabeth)
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Filing 30
MOTION for Brettny Hardy to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5678853) by Center for Biological Diversity, Friends of the Earth, Sierra Club, Turtle Island Restoration Network. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 9/1/2023. (Attachments: #1 Certificate of good standing, #2 Text of proposed order)(aty,Livingston de Calderon, Elizabeth)
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Filing 29
MOTION to Expedite consideration of #24 MOTION to Intervene with opposition by Center for Biological Diversity, Friends of the Earth, Sierra Club, Turtle Island Restoration Network. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 9/1/2023. (Attachments: #1 Memorandum / Brief in Support of Motion to Expedite, #2 Text of proposed order)(aty,Livingston de Calderon, Elizabeth)
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Filing 28
CORPORATE DISCLOSURE STATEMENT by Turtle Island Restoration Network. (aty,Livingston de Calderon, Elizabeth)
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Filing 27
CORPORATE DISCLOSURE STATEMENT by Friends of the Earth. (aty,Livingston de Calderon, Elizabeth)
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Filing 26
CORPORATE DISCLOSURE STATEMENT by Center for Biological Diversity. (aty,Livingston de Calderon, Elizabeth)
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Filing 25
CORPORATE DISCLOSURE STATEMENT by Sierra Club. (aty,Livingston de Calderon, Elizabeth)
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Filing 24
MOTION to Intervene with opposition by Sierra Club, Center for Biological Diversity, Friends of the Earth, Turtle Island Restoration Network. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 9/1/2023. (Attachments: #1 Memorandum / Brief in Support of Motion to Intervene, #2 Proposed pleading - Answer to Complaint, #3 Declaration of Brettny Hardy in Support of Motion to Intervene, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Declaration of Athan Manuel, #14 Declaration of Hallie Templeton, #15 Declaration of Joanie Steinhaus, #16 Declaration of Kristen Monsell, #17 Text of proposed order)(Attorney Elizabeth Livingston de Calderon added to party Sierra Club(pty:mov), Attorney Elizabeth Livingston de Calderon added to party Center for Biological Diversity(pty:mov), Attorney Elizabeth Livingston de Calderon added to party Friends of the Earth(pty:mov), Attorney Elizabeth Livingston de Calderon added to party Turtle Island Restoration Network(pty:mov))(aty,Livingston de Calderon, Elizabeth)
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Filing 23
MOTION for Extension of Time to File Response/Reply as to #14 MOTION for Preliminary Injunction with opposition and for an Extension of Time to File a Response to the Complaint by All Defendants. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 9/1/2023. (Attachments: #1 Text of proposed order)(aty,Hajek, Luther)
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Filing 22
AFFIDAVIT of Mailing of Service for Complaint on Deb Haaland, Laura Daniel-Davis, Elizabeth Klein, James Kendall, U.S. Department of Interior, Bureau of Ocean Energy Management, U.S. Attorney General, U.S. Attorney for Western District of LA (Shreveport),and U.S. Attorney Western District of LA (Lafayette) on 8/25/23, filed by American Petroleum Institute, Chevron U S A Inc, State of Louisiana. (Attachments: #1 Exhibit A-Service LA. Western District US Attorney, Lafayette, #2 Exhibit B-Service LA. Western District US Attorney, Shreveport, #3 Exhibit C-Service James Kendall, Director of Gulf of Mexico Regional Office of Bureau of Ocean Energy Management, #4 Exhibit D-Service Laura Daniel-Davis in official capacity as Deputy Assistant Secretary of Interior for Land and Mineral Management, #5 Exhibit E-Service Deb Haaland in official capacity as Secretary of the Interior, #6 Exhibit F-Service Elizabeth Klien in official capacity as Director of Bureau of Ocean Energy Management, #7 Exhibit G-Service US Department of Interior, #8 Exhibit H-Service Bureau of Ocean Energy Management, #9 Exhibit I-US Attorney General)(aty,Holmes, James) Modified docket text on 9/5/2023 (Bunting, M).
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Motions Transferred regarding #23 MOTION for Extension of Time to File Response/Reply as to #14 MOTION for Preliminary Injunction with opposition and for an Extension of Time to File a Response to the Complaint. Motions referred to Judge James D Cain, Jr. (crt,Bunting, M)
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Filing 21
ORDER granting #7 Motion to Appear Pro Hac Vice for appearance of Catherine E Stetson for Chevron U S A Inc. Signed by Magistrate Judge Kathleen Kay on 8/30/2023. (crt,Bunting, M)
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Filing 20
ORDER granting #6 Motion to Appear Pro Hac Vice for appearance of Dana A Raphael for Chevron U S A Inc. Signed by Magistrate Judge Kathleen Kay on 8/30/2023. (crt,Bunting, M)
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Filing 19
ORDER granting #5 Motion to Appear Pro Hac Vice for appearance of Sean Marotta for Chevron U S A Inc. Signed by Magistrate Judge Kathleen Kay on 8/30/2023. (crt,Bunting, M)
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NOTICE of Corrective Action to American Petroleum Institute, Chevron U S A Inc, State of Louisiana regarding #14 MOTION for Preliminary Injunction. Action taken: Add Exhibit [9-5] to #14 Motion for Preliminary Injunction. (crt,Crick, S)
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Filing 18
NOTICE of Appearance by Luther L Hajek on behalf of Bureau of Ocean Energy Management Regulation & Enforcement, Laura Daniel-Davis, Deb Haaland, U S Dept of Interior, James Kendall, Elizabeth Klein (Attorney Luther L Hajek added to party Bureau of Ocean Energy Management Regulation & Enforcement(pty:dft), Attorney Luther L Hajek added to party Laura Daniel-Davis(pty:dft), Attorney Luther L Hajek added to party Deb Haaland(pty:dft), Attorney Luther L Hajek added to party U S Dept of Interior(pty:dft), Attorney Luther L Hajek added to party James Kendall(pty:dft), Attorney Luther L Hajek added to party Elizabeth Klein(pty:dft)) (aty,Hajek, Luther)
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Filing 17
NOTICE of Appearance by Alexis Romero on behalf of Bureau of Ocean Energy Management Regulation & Enforcement, Laura Daniel-Davis, Deb Haaland, U S Dept of Interior, James Kendall, Elizabeth Klein (Attorney Alexis Romero added to party Bureau of Ocean Energy Management Regulation & Enforcement(pty:dft), Attorney Alexis Romero added to party Laura Daniel-Davis(pty:dft), Attorney Alexis Romero added to party Deb Haaland(pty:dft), Attorney Alexis Romero added to party U S Dept of Interior(pty:dft), Attorney Alexis Romero added to party James Kendall(pty:dft), Attorney Alexis Romero added to party Elizabeth Klein(pty:dft)) (aty,Romero, Alexis)
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Filing 16
EXHIBIT D, Exhibit I and Exhibit K to #14 Memorandum in Support of Motion for Preliminary Injunction by American Petroleum Institute, Chevron U S A Inc, State of Louisiana. (Attachments: #1 Exhibit I, #2 Exhibit K)(aty,Holmes, James) Modified to add docket entry relationship on 8/29/2023 (Bunting, M).
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Filing 15
CERTIFICATE OF SERVICE by American Petroleum Institute, Chevron U S A Inc, State of Louisiana re #8 MOTION for Preliminary Injunction (aty,Holmes, James) Modified to add docket entry relationship on 8/29/2023 (Bunting, M).
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Filing 14
MOTION for Preliminary Injunction by American Petroleum Institute, Chevron U S A Inc, State of Louisiana. Motion Ripe Deadline set for 8/29/2023. (Attachments: #1 Memorandum / Brief, #2 Exhibit A, #3 Exhibit AA, #4 Exhibit B, #5 Exhibit C, #6 Exhibit CC, #7 Exhibit DD, #8 Exhibit E, #9 Exhibit EE, #10 Exhibit F, #11 Exhibit FF, #12 Exhibit G, #13 Exhibit GG, #14 Exhibit H, #15 Exhibit HH, #16 Exhibit J, #17 Exhibit L, #18 Exhibit M, #19 Exhibit N, #20 Exhibit O, #21 Exhibit P, #22 Exhibit Q, #23 Exhibit R, #24 Exhibit S, #25 Exhibit T, #26 Exhibit W, #27 Exhibit X, #28 Exhibit Y, #29 Exhibit Z)(crt,Bunting, M) See #16 for additional exhibits. (Additional attachment(s) added on 9/18/2023: #30 Exhibit BB) (Crick, S). Modified on 9/18/2023 to add Exhibit [9-5]. (Crick, S).
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Filing 13
ELECTRONIC ORDER granting #10 Motion to Expedite. Plaintiffs are hereby directed to serve defendants within two weeks of this order. Defendants are to file their answers and responses to the Motion for Preliminary Injunction within two weeks of service; plaintiffs will have one week thereafter to file a reply. Signed by Judge James D Cain, Jr on 8/29/2023. (crt,Higgins, M)
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Filing 12
PROPOSED ORDER/JUDGMENT by American Petroleum Institute, Chevron U S A Inc, State of Louisiana re #14 Motion for Preliminary Injunction. (aty,Holmes, James) Modified docket entry relationship on 8/29/2023 (Bunting, M).
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Filing 11
ELECTRONIC ORDER granting #9 Motion for Leave to File Excess Pages. The clerk is directed to docket the proposed pleading. Signed by Judge James D Cain, Jr on 8/29/2023. (crt,Higgins, M)
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Motions Transferred regarding #9 MOTION for Leave to File Excess Pages , #10 MOTION to Expedite consideration of #9 MOTION for Leave to File Excess Pages , #8 MOTION for Preliminary Injunction . Motions referred to Judge James D Cain, Jr. (crt,Bunting, M)
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Filing 10
MOTION to Expedite consideration of #9 MOTION for Leave to File Excess Pages , #8 MOTION for Preliminary Injunction by All Plaintiffs. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 8/28/2023. (aty,Holmes, James)
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Filing 9
MOTION for Leave to File Excess Pages by All Plaintiffs. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 8/28/2023. (Attachments: #1 Proposed pleading, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Proposed order)(aty,Holmes, James)
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Filing 8
PROPOSED PLEADING - MOTION for Preliminary Injunction by All Plaintiffs. Motion Ripe Deadline set for 8/28/2023. (aty,Holmes, James) Modified on 8/29/2023 (Bunting, M). See #9 .
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Filing 7
MOTION for Catherine E. Stetson to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5671619) by Chevron U S A Inc. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 8/28/2023. (Attachments: #1 Proposed order, #2 Certificate of good standing)(aty,Phillips, Michael)
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Filing 6
MOTION for Dana Allan Raphael to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5671599) by Chevron U S A Inc. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 8/28/2023. (Attachments: #1 Proposed order, #2 Certificate of good standing)(aty,Phillips, Michael)
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Filing 5
MOTION for Sean Michael Marotta to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5671552) by Chevron U S A Inc. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 8/28/2023. (Attachments: #1 Proposed order, #2 Certificate of good standing)(aty,Phillips, Michael)
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Filing 4
CORPORATE DISCLOSURE STATEMENT by Chevron U S A Inc. Corporate Parent - Chevron Corp to Chevron U S A Inc (aty,Juneau, Claire) Modified to add corporate parent on 8/28/2023 (Bunting, M).
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Filing 3
NOTICE of Corporate Disclosure Statement Requirement re: #1 Complaint, sent to James A Holmes on behalf of Chevron U S A Inc. Corporate Disclosure Statement due by 9/8/2023. (crt,Bunting, M)
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Filing 2
SUMMONS ISSUED as to U S Attorney, U S Attorney General, Deb Haaland, Laura Daniel-Davis, Elizabeth Klein, James Kendall, U S Dept of Interior, Bureau of Ocean Energy Management Regulation & Enforcement. (crt,Bunting, M)
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CASE Assigned to Judge James D Cain, Jr and Magistrate Judge Kathleen Kay. (crt,Bunting, M)
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Filing 1
COMPLAINT for Declaratory and Injunctive Relief against Bureau of Ocean Energy Management Regulation & Enforcement, Laura Daniel-Davis, Deb Haaland, James Kendall, Elizabeth Klein, U S Depart of the Interior (Filing fee $402, receipt number ALAWDC-5668981) filed by Chevron U S A Inc, American Petroleum Institute, State of Louisiana. (Attachments: #1 Exhibit Declaration, #2 Civil cover sheet)(Attorney James A Holmes added to party American Petroleum Institute(pty:pla), Attorney James A Holmes added to party Chevron U S A Inc.(pty:pla), Attorney James A Holmes added to party State of Louisiana(pty:pla))(aty,Holmes, James) Modified docket text on 8/25/2023 (Bunting, M).
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