SIERRA CLUB et al v. UNITED STATES ARMY CORPS OF ENGINEERS et al
| APPALACHIAN MOUNTAIN CLUB, SIERRA CLUB and NATURAL RESOURCES COUNCIL OF MAINE |
| JOHN A ATILANO, II, UNITED STATES ARMY CORPS OF ENGINEERS, JAY L CLEMENT and COLONEL JOHN A ATILANO, II |
| CENTRAL MAINE POWER COMPANY |
| 2:2020cv00396 |
| October 27, 2020 |
| US District Court for the District of Maine |
| JOHN C NIVISON |
| LANCE E WALKER |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 30 U.S.C. § 181 |
| None |
Docket Report
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This docket was last retrieved on September 26, 2023. A more recent docket listing may be available from PACER.
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Filing 50
USCA Case Number 20-2195 for #44 Notice of Appeal, filed by NATURAL RESOURCES COUNCIL OF MAINE, APPALACHIAN MOUNTAIN CLUB, SIERRA CLUB. (bfa)
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Filing 49
ORDER ON PLAINTIFFS' EMERGENCY MOTION FOR INJUNCTION PENDING APPEAL denying #45 Motion for Preliminary Injunction By JUDGE LANCE E. WALKER. (CJD)
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Filing 48
CLERK'S CERTIFICATE Re: #44 Notice of Appeal. Documents sent to the U.S. Court of Appeals. (bfa)
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Filing 47
APPEAL COVER SHEET Re: #44 Notice of Appeal (bfa)
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Filing 46
MOTION to Extend Time to File Answer by JOHN A ATILANO, II, JAY L CLEMENT, UNITED STATES ARMY CORPS OF ENGINEERS Responses due by 1/12/2021. (ECKER, JACOB)
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Abbreviated Appeal Record Transmitted Electronically to U.S. Court of Appeals re #44 Notice of Appeal (bfa)
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Filing 45
Emergency MOTION for Injunction Pending Appeal by APPALACHIAN MOUNTAIN CLUB, NATURAL RESOURCES COUNCIL OF MAINE, SIERRA CLUB Responses due by 1/11/2021. (Attachments: #1 Exhibit A - Excerpt of U.S. Fish and Wildlife Letter)(CASSIDY, KEVIN)
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Filing 44
NOTICE OF APPEAL as to #42 Order on Motion to Amend,, Order on Motion for Preliminary Injunction, by APPALACHIAN MOUNTAIN CLUB, NATURAL RESOURCES COUNCIL OF MAINE, SIERRA CLUB . ( Filing fee $ 505 receipt number AMEDC-2398923.) NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from our web site at #http://www.med.uscourts.gov/forms/ MUST be completed and submitted to the Court of Appeals. Counsel should also register for a First Circuit CM/ECF Appellate Filer Account at #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf and review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at # http://www.ca1.uscourts.gov/cmecf (CASSIDY, KEVIN)
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Filing 43
Supplemental AMENDED COMPLAINT against JOHN A ATILANO, II, JAY L CLEMENT, UNITED STATES ARMY CORPS OF ENGINEERS, filed by SIERRA CLUB, NATURAL RESOURCES COUNCIL OF MAINE, APPALACHIAN MOUNTAIN CLUB. (Service of Process Deadline 3/17/2021)(COMERFORD, LIA)
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Filing 42
ORDER ON MOTION TO SUPPLEMENT OR AMEND COMPLAINT AND MOTION FOR PRELIMINARY INJUNCTION granting #40 Motion to Amend. REMINDER: After entry of this Order, if Amending a COMPLAINT, counsel are REQUIRED to separately file the AMENDED COMPLAINT Document.; denying #18 Motion for Preliminary Injunction By JUDGE LANCE E. WALKER. (CJD)
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Filing 41
NOTICE of Appearance by BENJAMIN CARLISLE on behalf of All Defendants (CARLISLE, BENJAMIN)
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Filing 40
MOTION to Amend #1 Complaint,, and Supplement Complaint by APPALACHIAN MOUNTAIN CLUB, NATURAL RESOURCES COUNCIL OF MAINE, SIERRA CLUB Responses due by 12/30/2020. (Attachments: #1 Attachment 1 - [Proposed] First Supplemental Complaint)(CASSIDY, KEVIN)
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Filing 39
NOTICE/CORRESPONDENCE Re: EPA Comment Letter by APPALACHIAN MOUNTAIN CLUB, NATURAL RESOURCES COUNCIL OF MAINE, SIERRA CLUB (Attachments: #1 Exhibit 1 - EPA April 25, 2019 Letter)(CASSIDY, KEVIN)
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Filing 38
Court Witness List from Preliminary Injunction Hearing held on 12/2/2020. (jwr)
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Filing 37
Court Exhibit List from Preliminary Injunction Hearing held on 12/2/2020 (Exhibits listed on the Court Exhibit List are not remotely electronically available). (jwr)
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Filing 36
Oral ORDER denying without prejudice #33 Motion in Limine to as to Testimony of David Publicover By JUDGE LANCE E. WALKER. (jwr)
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Filing 35
Minute Entry for proceedings held before JUDGE LANCE E. WALKER: Motion Hearing held re #33 MOTION in Limine as to Testimony of David Publicover filed by JAY L CLEMENT, JOHN A ATILANO, II, UNITED STATES ARMY CORPS OF ENGINEERS, #18 MOTION for Preliminary Injunction filed by NATURAL RESOURCES COUNCIL OF MAINE, APPALACHIAN MOUNTAIN CLUB, SIERRA CLUB. Motion for Preliminary Injunction taken under advisement and Order to issue. (Court Reporter: Julie Edgecomb) (jwr)
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Filing 34
REPLY to Response to Motion re #18 MOTION for Preliminary Injunction filed by APPALACHIAN MOUNTAIN CLUB, NATURAL RESOURCES COUNCIL OF MAINE, SIERRA CLUB. (Attachments: #1 Affidavit of Lisa Pohlmann, #2 Affidavit of Aaron Isherwood, #3 Affidavit of Susan Arnold)(COMERFORD, LIA)
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Filing 33
MOTION in Limine as to Testimony of David Publicover by JOHN A ATILANO, II, JAY L CLEMENT, UNITED STATES ARMY CORPS OF ENGINEERS Responses due by 12/21/2020. (ECKER, JACOB)
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Filing 32
Witness List by APPALACHIAN MOUNTAIN CLUB, NATURAL RESOURCES COUNCIL OF MAINE, SIERRA CLUB and Exhibit List. (COMERFORD, LIA)
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Filing 31
RESPONSE to Motion re #18 MOTION for Preliminary Injunction filed by CENTRAL MAINE POWER COMPANY. Reply due by 12/9/2020. (Attachments: #1 Declaration of Thorn C. Dickinson, #2 Declaration of Lisa A. Gilbreath, #3 Ex. A to Gilbreath Declaration - Army Corps Public Notice re Public Hearing, #4 Ex. B to Gilbreath Declaration - Part 1 of 11 - Final Army Corps Permit (Cover Letter), #5 Ex. B to Gilbreath Declaration - Part 2 of 11 - Final Army Corps Permit (Permit), #6 Ex. B to Gilbreath Declaration - Part 3 of 11 - Final Army Corps Permit Attachments (Project Maps and Plans), #7 Ex. B to Gilbreath Declaration - Part 4 of 11 - Final Army Corps Permit Attachments (Construction Mat BMPs), #8 Ex. B to Gilbreath Declaration - Part 5 of 11 - Final Army Corps Permit Attachments (Compensation and Mitigation Parcels), #9 Ex. B to Gilbreath Declaration - Part 6a of 11 - Final Army Corps Permit Attachments (DEP Order), #10 Ex. B to Gilbreath Declaration - Part 6b of 11 - Final Army Corps Permit Attachments (DEP Order), #11 Ex. B to Gilbreath Declaration - Part 6c of 11 - Final Army Corps Permit Attachments (DEP Order), #12 Ex. B to Gilbreath Declaration - Part 7a of 11 - Final Army Corps Permit Attachments (Compensation Plan, Section 9.0), #13 Ex. B to Gilbreath Declaration - Part 7b of 11 - Final Army Corps Permit Attachments (Compensation Plan, Section 9.0), #14 Ex. B to Gilbreath Declaration - Part 7c of 11 - Final Army Corps Permit Attachments (Compensation Plan, Section 9.0), #15 Ex. B to Gilbreath Declaration - Part 7d of 11 - Final Army Corps Permit Attachments (Compensation Plan, Section 9.0), #16 Ex. B to Gilbreath Declaration - Part 8a of 11 - Final Army Corps Permit Attachments (Treatment and Avoidance Plans), #17 Ex. B to Gilbreath Declaration - Part 8b of 11 - Final Army Corps Permit Attachments (Treatment and Avoidance Plans), #18 Ex. B to Gilbreath Declaration - Part 9 of 11 - Final Army Corps Permit Attachments (Historic Properties MOA), #19 Ex. B to Gilbreath Declaration - Part 10 of 11 - Final Army Corps Permit Attachments (Work-Start Notification and Compliance Forms (blank)), #20 Ex. B to Gilbreath Declaration - Part 11 of 11 - Final Army Corps Permit Attachments (Notice of Administrative Appeal Options and Process), #21 Ex. C to Gilbreath Declaration - Pre-Filed Direct Testimony of CMP Witnesses, #22 Ex. D to Gilbreath Declaration - Pre-Filed Rebuttal Testimony of CMP Witnesses, #23 Ex. E to Gilbreath Declaration - Pre-Filed Supplemental Testimony of CMP Witnesses, #24 Ex. F to Gilbreath Declaration - MPRP Environmental Assessment (EA))(DUNLAP, JOSHUA)
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Filing 30
RESPONSE in Opposition re #18 MOTION for Preliminary Injunction filed by JOHN A ATILANO, II, JAY L CLEMENT, UNITED STATES ARMY CORPS OF ENGINEERS. Reply due by 12/9/2020. (ECKER, JACOB)
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Reset Deadlines as to #18 MOTION for Preliminary Injunction : Reply due by 12/2/2020. (mlm)
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Filing 29
ORDER granting #28 Motion to Amend Order to Extend Answer Deadline By JUDGE LANCE E. WALKER. (mlm)
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Filing 28
Unopposed MOTION to Amend Order to Extend Answer Deadline by JOHN A ATILANO, II, JAY L CLEMENT, UNITED STATES ARMY CORPS OF ENGINEERS Responses due by 12/9/2020. (ECKER, JACOB)
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Reset Answer Deadline for All Defendants: Answer due by 12/29/2020. (mlm)
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Filing 27
NOTICE Re: Errata to the Declaration of Todd Towle in Support of Plaintiffs' Motion for a Preliminary Injunction #18 by All Plaintiffs (Attachments: #1 Affidavit of Todd Towle in Support of Plaintiffs' Motion for a Preliminary Injunction)(COMERFORD, LIA) Modified on 11/18/2020 to add link to pleading #18(mlm).
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Filing 26
NOTICE of Hearing on Motion #18 MOTION for Preliminary Injunction : Video Motion Hearing set for 12/2/2020 01:00 PM before JUDGE LANCE E. WALKER. (jwr)
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Filing 25
ORDER granting #11 Motion to Intervene; granting #17 Motion for Oral Argument/Hearing; granting #17 Motion for Expedited Briefing Schedule ; granting #17 Motion for Leave to File in excess of Page Limits By JUDGE LANCE E. WALKER. (jwr)
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Filing 24
Minute Entry for proceedings held before JUDGE LANCE E. WALKER: Telephone Conference held. Order to issue. (Court Reporter: Lori Dunbar) (mlm)
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Filing 23
NOTICE of Hearing: Telephone Conference set for 11/13/2020 02:00 PM telephonically before JUDGE LANCE E. WALKER. Counsel has been provided with the court's call-in information.(CJD)
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Filing 22
REPLY to Response to Motion re #17 Joint MOTION for Oral Argument/Hearing MOTION for Expedited Briefing Schedule MOTION for Leave to File in excess of page limits filed by APPALACHIAN MOUNTAIN CLUB, NATURAL RESOURCES COUNCIL OF MAINE, SIERRA CLUB. (CASSIDY, KEVIN)
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Set Answer Deadline for all Defendants Regarding #25 Order : Answer due by 12/4/2020. (jwr)
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Reset Deadlines as to #18 MOTION for Preliminary Injunction per Order issued this date: Motion Video Hearing set for 12/2/2020 01:00 PM before JUDGE LANCE E. WALKER. Responses due by 11/25/2020. Reply due by 12/2/2020. (jwr)
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Filing 21
RESPONSE in Opposition re #17 Joint MOTION for Oral Argument/Hearing , Expedited Briefing Schedule, and Extension of Page Limits filed by CENTRAL MAINE POWER COMPANY. Reply due by 11/27/2020. (DUNLAP, JOSHUA)
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Filing 20
AFFIDAVIT of Ronald Joseph re #18 MOTION for Preliminary Injunction filed by APPALACHIAN MOUNTAIN CLUB, NATURAL RESOURCES COUNCIL OF MAINE, SIERRA CLUB. (Attachments: #1 Exhibit A - Study, #2 Exhibit B - Compensation Plan Excerpt, #3 Exhibit C - Site Law Application Excerpt, #4 Exhibit D - DEP Order Excerpt, #5 Exhibit E - MDIFW Letter, #6 Exhibit F - MDIFW Recommended Standards DWAs, #7 Exhibit G - December 2018 NECEC DWA Restrictions, #8 Exhibit H - Sportsman's Alliance News Article)(COMERFORD, LIA)
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Filing 19
AFFIDAVIT of Kevin Cassidy re #18 MOTION for Preliminary Injunction filed by APPALACHIAN MOUNTAIN CLUB, NATURAL RESOURCES COUNCIL OF MAINE, SIERRA CLUB. (Attachments: #1 Exhibit 1 - Public Notice, #2 Exhibit 2 - Sierra Club Comments 1, #3 Exhibit 3 - Sierra Club Comments 2, #4 Exhibit 4 - Sierra Club Comments 3, #5 Exhibit 5 - Sierra Club Comments 4, #6 Exhibit 6 - EA/FONSI, #7 Exhibit 7 - NECEC Maps, #8 Exhibit 8 - Excerpt of Draft BA, #9 Exhibit 9 - Initially Proffered Permit, #10 Exhibit 10 - CMP Objections, #11 Exhibit 11 - DOE Letter to Senator Collins, #12 Exhibit 12 - Final CWA Permit, #13 Exhibit 13 - EA Addendum, #14 Exhibit 14 - Work Start Notification Form, #15 Exhibit 15 - First Nations Letter, #16 Exhibit 16 - Energyzt Report Excerpt, #17 Exhibit 17 - Town of Caratunk Testimony Excerpt, #18 Exhibit 18 - Firefighters Federation Letter, #19 Exhibit 19 - PUC Order Excerpt)(COMERFORD, LIA)
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Filing 18
MOTION for Preliminary Injunction by APPALACHIAN MOUNTAIN CLUB, NATURAL RESOURCES COUNCIL OF MAINE, SIERRA CLUB Responses due by 12/2/2020. (Attachments: #1 Affidavit Carey Kish, #2 Affidavit Todd Towle, #3 Affidavit Robert Bryan, #4 Affidavit Monica McCarthy, #5 Affidavit Huda Fashho, #6 Affidavit Susan Arnold, #7 Affidavit Nicholas T. Bennett, #8 Exhibit A to Bennett Declaration - NRCM and AMC Comments, #9 Exhibit B to Bennett Declaration - CMP Letter to New Sharon, #10 Affidavit David Publicover, #11 Affidavit Matt Schweisberg, #12 Affidavit Dr. Aram Calhoun, #13 Exhibit A to Calhoun Declaration - CV, #14 Affidavit Bradford H. Hager, #15 Affidavit Jeffrey Reardon, #16 Exhibit 1 to Reardon Declaration - MDIFW Brook Trout Recommendations, #17 Exhibit 2 to Reardon Declaration - MNAP Paper)(COMERFORD, LIA)
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Filing 17
Joint MOTION for Oral Argument/Hearing, Expedited Briefing Schedule, and Leave to File in excess of Page Limits by APPALACHIAN MOUNTAIN CLUB, NATURAL RESOURCES COUNCIL OF MAINE, SIERRA CLUB Responses due by 12/1/2020. (CASSIDY, KEVIN). Added two MOTION parts on 11/12/2020 (mlm).
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Filing 16
SUMMONS Return by SIERRA CLUB, NATURAL RESOURCES COUNCIL OF MAINE, APPALACHIAN MOUNTAIN CLUB as to UNITED STATES ARMY CORPS OF ENGINEERS. (COMERFORD, LIA) Modified on 11/9/2020 to change text from "Affidavit of Service" to "Summons Return" and to remove the served on date as unclear when the local US Attorney's Office was served (jgd).
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Filing 15
SUMMONS Return by SIERRA CLUB, NATURAL RESOURCES COUNCIL OF MAINE, APPALACHIAN MOUNTAIN CLUB as to JAY L CLEMENT. (COMERFORD, LIA) Modified on 11/9/2020 to change text from "Affidavit of Service" to "Summons Return" and to remove the served on date as unclear when the local US Attorney's Office was served (jgd).
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Filing 14
SUMMONS Return by SIERRA CLUB, NATURAL RESOURCES COUNCIL OF MAINE, APPALACHIAN MOUNTAIN CLUB as to JOHN A ATILANO. (COMERFORD, LIA) Modified on 11/9/2020 to change text from "Affidavit of Service" to "Summons Return" and to remove the served on date as unclear when the local US Attorney's Office was served (jgd).
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Filing 13
NOTICE of Appearance by LISA GILBREATH on behalf of CENTRAL MAINE POWER COMPANY (GILBREATH, LISA)
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Filing 12
NOTICE of Appearance by MATTHEW D. MANAHAN on behalf of CENTRAL MAINE POWER COMPANY (MANAHAN, MATTHEW)
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Filing 11
MOTION to Intervene by CENTRAL MAINE POWER COMPANY Responses due by 11/27/2020. (DUNLAP, JOSHUA)
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Filing 10
NOTICE of Appearance by JACOB DAVID ECKER on behalf of All Defendants (ECKER, JACOB)
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Filing 9
NOTICE of Appearance by KRISTOFOR SWANSON on behalf of JOHN A ATILANO, II, JAY L CLEMENT, UNITED STATES ARMY CORPS OF ENGINEERS (SWANSON, KRISTOFOR)
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Filing Fee Received from APPALACHIAN MOUNTAIN CLUB, NATURAL RESOURCES COUNCIL OF MAINE, SIERRA CLUB: Amount Paid: $400. Receipt Number: 2352018. Method of Payment: CR Card. Purpose of Payment: Case Opening Filing Fee Paid. Date Paid: 10/27/2020 (meh)
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Filing 8
NOTICE of Interested Parties by APPALACHIAN MOUNTAIN CLUB (COMERFORD, LIA)
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Filing 7
NOTICE of Interested Parties by NATURAL RESOURCES COUNCIL OF MAINE (COMERFORD, LIA)
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Filing 6
NOTICE of Interested Parties by SIERRA CLUB (COMERFORD, LIA)
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Filing 5
CERTIFICATION for Admission Pro Hac Vice of Lia Comerford filed by SUSAN J. ELY on behalf of All Plaintiffs (Total admission fee $ 100 receipt number AMEDC-2352715.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.gov (ELY, SUSAN)
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Filing 4
CERTIFICATION for Admission Pro Hac Vice of Kevin Cassidy filed by SUSAN J. ELY on behalf of All Plaintiffs (Total admission fee $ 100 receipt number AMEDC-2352707.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.gov (ELY, SUSAN)
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Filing 3
Summons Issued as to JOHN A ATILANO, II, JAY L CLEMENT, UNITED STATES ARMY CORPS OF ENGINEERS. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (Attachments: #1 Atilano Summons, #2 Clement Summons)(mlm)
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Filing 2
CIVIL COVER SHEET. (mlm)
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Filing 1
COMPLAINT against All Defendants PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS., filed by SIERRA CLUB, NATURAL RESOURCES COUNCIL OF MAINE, APPALACHIAN MOUNTAIN CLUB. (Service of Process Deadline 1/25/2021) Fee due by 10/29/2020.(mlm)
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