State of Missouri v. United States Department of Interior - Bureau of Reclamation, et al.,
| State of Missouri, ex rel. Attorney General Eric S. Schmitt and State of Missouri |
| U.S. Department of Interior-Bureau of Reclamation, Commissioner Brenda Burman, Secretary of Army Ryan McCarthy, David Bernhardt, Brigadier General D. Peter Helmlinger, United States Army Corps of Engineers, Manager Arden Freitag, Regional Director Michael Black, North Dakota Garrison Diversion Conservancy District, Arden Freitag, Ryan McCarthy, Brenda Burman, Michael Black, Dakotas Area Manager Joseph E Hall and Regional Director Brent C Esplin |
| State of North Dakota |
| MO-ARC Association, Coalition to Protect the Missouri River and Missouri River Public Water Suppliers Association |
| 2:2020cv04018 |
| February 4, 2020 |
| US District Court for the Western District of Missouri |
| Nanette K Laughrey |
| Environmental Matters |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 26, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 89 USCA Case Number from Eighth Circuit Court of Appeals is 21-3408 for #87 Notice of Appeal filed by State of Missouri. Briefing schedule entered by the Court of Appeals is attached. (Attachments: #1 Briefing Schedule)(Berner, Crystal) |
| Filing 88 TRANSMISSION of Notice of Appeal Supplement to US Court of Appeals, 8th Circuit via electronic mail. Related document #87 Notice of Appeal. (Berner, Crystal) |
| Filing 87 NOTICE OF APPEAL by State of Missouri. Filing fee $ 505, receipt number AMOWDC-7642053. (Duggan, Timothy) |
| Filing 86 CLERK'S JUDGMENT (Lock, Tania) |
Filing 85
ORDER by Judge Nanette K. Laughrey denying Plaintiff's motion for summary judgment (Doc. #51 ) and granting Defendants' motion for summary judgment (Doc. #71 ). (Sreeprakash, Netra)
|
|
Filing 84
ORDER entered by Judge Nanette K. Laughrey. In light of the fact that other counsel continue to represent Amicus Curiae Missouri River Public Water Suppliers Association, Megan McLean is granted leave to withdraw as counsel, (Doc. #83 ). Signed on 07/09/2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Lock, Tania)
|
| Filing 83 MOTION to withdraw as attorney Megan McLean as co-counsel filed by Matthew P. Diehr on behalf of Missouri River Public Water Suppliers Association. Suggestions in opposition/response due by 7/23/2021 unless otherwise directed by the court. (Diehr, Matthew) |
| Filing 82 NOTICE of filing of Federal Defendants' Reply to Plaintiff's Response #78 to Federal Defendants' Additional Statements of Fact by David Bernhardt, Michael Black, Brenda Burman, Brent C Esplin, Arden Freitag, Joseph E Hall, D. Peter Helmlinger, Ryan McCarthy, U.S. Department of Interior-Bureau of Reclamation, United States Army Corps of Engineers (Widerschein, Mark) |
| Filing 81 REPLY SUGGESTIONS to motion re #51 MOTION for summary judgment , #71 MOTION for summary judgment Garrison Diversion Conservancy Districts' Reply in Support of Federal Defendants' Cross-Motion for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment filed by Jessica E. Merrigan on behalf of Defendant North Dakota Garrison Diversion Conservancy District. (Related document(s) #51 , #71 ) (Merrigan, Jessica) |
| Filing 80 REPLY SUGGESTIONS to motion re #71 MOTION for summary judgment State of North Dakota's Reply Suggestions to State of Missouri's Response Suggestions in the Matter of all Parties' Cross-Motions for Summary Judgment filed by Jessica E. Merrigan on behalf of Intervenor Defendant State of North Dakota. (Related document(s) #71 ) (Merrigan, Jessica) |
| Filing 79 REPLY SUGGESTIONS to motion re #71 MOTION for summary judgment filed by Mark James Widerschein on behalf of Defendants David Bernhardt, Michael Black, Brenda Burman, Brent C Esplin, Arden Freitag, Joseph E Hall, D. Peter Helmlinger, Ryan McCarthy, U.S. Department of Interior-Bureau of Reclamation, United States Army Corps of Engineers. (Related document(s) #71 ) (Widerschein, Mark) |
| Filing 78 NOTICE of filing Plaintiff's replies to Defendants' Responses to Plaintiff's Statements of Facts and Responses to Defendants' Additional Statements of Fact by State of Missouri re #77 Suggestions in Opposition to Motion for Summary Judgment, (Krisp, Amber) |
| Filing 77 SUGGESTIONS in opposition to motion for summary judgment re #71 MOTION for summary judgment and reply in support of Plaintiff's motion for summary judgment filed by Amber Lee Krisp on behalf of Plaintiff State of Missouri. Reply suggestions due by 5/28/2021 unless otherwise directed by the court. (Related document(s) #71 ) (Krisp, Amber) |
|
Filing 76
ORDER entered by Judge Nanette K. Laughrey. Federal Defendants seek to strike Plaintiff 's Exhibits 1-5, contending the exhibits constitute impermissible extra-record evidence because this case ''should be resolved based only upon the robust administrative record.'' Doc. #73 , p. 1. Plaintiff responds that ''[e]ven if the Court were to ignore the exhibits attached to Plaintiff's motion for summary judgment, the motion could still be decided.'' Doc. #74 , p. 9. Plaintiff argues that ''[e]ven without'' the exhibits, ''the Court has ample justification to determine that the administrative record has clear gaps and missteps in violation of NEPA and the WSA.'' Id. at 8. Based on Plaintiff's representation that the Court can consider the summary judgment arguments without relying on the exhibits, the Court denies without prejudice Federal Defendants' motion to strike extra-record evidence, Doc. #73 . Signed on April 30, 2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Opalach, Tessa)
|
| Filing 75 REPLY SUGGESTIONS to motion re #73 MOTION to strike Extra-Record Evidence filed by Mark James Widerschein on behalf of Defendants David Bernhardt, Michael Black, Brenda Burman, Brent C Esplin, Arden Freitag, Joseph E Hall, D. Peter Helmlinger, Ryan McCarthy, U.S. Department of Interior-Bureau of Reclamation, United States Army Corps of Engineers. (Related document(s) #73 ) (Widerschein, Mark) |
| Filing 74 SUGGESTIONS in opposition re #73 MOTION to strike Extra-Record Evidence filed by Amber Lee Krisp on behalf of Plaintiff State of Missouri. Reply suggestions due by 4/27/2021 unless otherwise directed by the court. (Related document(s) #73 ) (Krisp, Amber) |
| Filing 73 MOTION to strike Extra-Record Evidence filed by Mark James Widerschein on behalf of David Bernhardt, Michael Black, Brenda Burman, Brent C Esplin, Arden Freitag, Joseph E Hall, D. Peter Helmlinger, Ryan McCarthy, U.S. Department of Interior-Bureau of Reclamation, United States Army Corps of Engineers. Suggestions in opposition/response due by 4/13/2021 unless otherwise directed by the court. (Widerschein, Mark) |
| Filing 72 SUGGESTIONS in support re #71 MOTION for summary judgment filed by Mark James Widerschein on behalf of Defendants David Bernhardt, Michael Black, Brenda Burman, Brent C Esplin, Arden Freitag, Joseph E Hall, D. Peter Helmlinger, Ryan McCarthy, U.S. Department of Interior-Bureau of Reclamation, United States Army Corps of Engineers. (Related document(s) #71 ) (Widerschein, Mark) |
| Filing 71 MOTION for summary judgment filed by Mark James Widerschein on behalf of David Bernhardt, Michael Black, Brenda Burman, Brent C Esplin, Arden Freitag, Joseph E Hall, D. Peter Helmlinger, Ryan McCarthy, U.S. Department of Interior-Bureau of Reclamation, United States Army Corps of Engineers. Suggestions in opposition/response due by 4/20/2021 unless otherwise directed by the court. (Widerschein, Mark) |
| Filing 70 Notice to join in Federal Defendants' Cross-Motion for Summary Judgment filed by Jessica E. Merrigan on behalf of North Dakota Garrison Diversion Conservancy District. (Merrigan, Jessica) Modified on 3/31/2021 to correct event type and regenerate NEF to all parties(Lock, Tania). |
| Filing 69 SUGGESTIONS in opposition to motion for summary judgment re #51 MOTION for summary judgment , #68 MOTION to join in Federal Defendants' Cross-Motion for Summary Judgment filed by Jessica E. Merrigan on behalf of Defendant North Dakota Garrison Diversion Conservancy District. Reply suggestions due by 4/13/2021 unless otherwise directed by the court. (Related document(s) #51 , #68 ) (Merrigan, Jessica) |
| Filing 68 Notice to join in Federal Defendants' Cross-Motion for Summary Judgment filed by Jessica E. Merrigan on behalf of State of North Dakota. (Merrigan, Jessica) Modified on 3/31/2021 to correct event type and regenerate NEF to all parties (Lock, Tania). |
| Filing 67 SUGGESTIONS in opposition to motion for summary judgment re #51 MOTION for summary judgment and in Response to Amicus Briefs filed by Jessica E. Merrigan on behalf of Intervenor Defendant State of North Dakota. Reply suggestions due by 4/13/2021 unless otherwise directed by the court. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Related document(s) #51 ) (Merrigan, Jessica) |
|
Filing 66
ORDER entered by Judge Nanette K. Laughrey. Federal Defendants' unopposed motion for leave to file excess pages is granted. Doc. #65 . Federal Defendants' suggestions in opposition to Plaintiff's motion for summary judgment may not exceed 23 pages. Signed on March 30, 2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Opalach, Tessa)
|
| Filing 65 MOTION for leave to file excess pages Unopposed Motion to File Suggestions in Support of Federal Defendants' Motion for Summary Judgment in Excess of Page Limit filed by Mark James Widerschein on behalf of David Bernhardt, Michael Black, Brenda Burman, Brent C Esplin, Arden Freitag, Joseph E Hall, D. Peter Helmlinger, Ryan McCarthy, U.S. Department of Interior-Bureau of Reclamation, United States Army Corps of Engineers. Suggestions in opposition/response due by 4/13/2021 unless otherwise directed by the court. (Widerschein, Mark) |
|
Filing 64
ORDER entered by Judge Nanette K. Laughrey. Defendant-Intervenor State of North Dakota and Defendant North Dakota Garrison Diversion Conservancy District's unopposed motions for leave to file excess pages are granted. Docs. #62 , #63 . Defendant-Intervenor's suggestions in opposition to Plaintiff's motion for summary judgment may not exceed 20 pages. Defendant's suggestions in opposition to Plaintiff's motion for summary judgment may not exceed 18 pages. Signed on March 30, 2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Opalach, Tessa)
|
| Filing 63 MOTION for leave to file excess pages Unopposed Motion to File Suggestions in Opposition to Plaintiff's Motion for Summary Judgment In Excess of Page Limit filed by Jessica E. Merrigan on behalf of North Dakota Garrison Diversion Conservancy District. Suggestions in opposition/response due by 4/13/2021 unless otherwise directed by the court. (Merrigan, Jessica) |
| Filing 62 MOTION for leave to file excess pages Unopposed Motion to File Suggestions in Opposition to Plaintiff's Motion for Summary Judgment in Excess of Page Limit filed by Jessica E. Merrigan on behalf of State of North Dakota. Suggestions in opposition/response due by 4/13/2021 unless otherwise directed by the court. (Merrigan, Jessica) |
|
Filing 61
ORDER entered by Judge Nanette K. Laughrey. Federal Defendants' unopposed motion, Doc. #60 , for extension of time to file their cross-motion for summary judgment/opposition to Plaintiff's motion for summary judgment is granted. Defendants' and Intervenor-Defendant's cross-motions for summary judgment/opposition to Plaintiff's motion for summary judgment is due by March 30, 2021. Plaintiff shall file its reply/opposition(s) to the Defendants' and Intervenor-Defendant's cross-motions/replies 45 days after the Defendants file their cross-motions for summary judgment. Defendants and Intervenor-Defendant shall file their replies no later than 45 days after Plaintiff files its reply/opposition(s). Signed on March 3, 2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Opalach, Tessa)
|
| Filing 60 MOTION for extension of time to file Cross-Motion for Summary Judgment filed by Romney Philpott on behalf of David Bernhardt, Brenda Burman, Brent C Esplin, Joseph E Hall, D. Peter Helmlinger, Ryan McCarthy, U.S. Department of Interior-Bureau of Reclamation, United States Army Corps of Engineers. Suggestions in opposition/response due by 3/16/2021 unless otherwise directed by the court. (Philpott, Romney) |
| Filing 59 NOTICE of filing Supplement to Administrative Record by David Bernhardt, Brenda Burman, Brent C Esplin, Joseph E Hall, D. Peter Helmlinger, Ryan McCarthy, U.S. Department of Interior-Bureau of Reclamation, United States Army Corps of Engineers (Attachments: #1 2d Persinger Decl., #2 Revised AR Index, #3 New AR document no. 84, #4 New AR document no. 85)(Philpott, Romney) |
|
Filing 58
ORDER entered by Judge Nanette K. Laughrey. Pending before the Court are three motions for leave to file as amicus curiae, Docs. #46 , #49 , #56 , filed by MO-ARC Association, Coalition to Protect the Missouri River, and Missouri River Public Water Suppliers Association. It is within the Court's broad discretion to permit an amicus curiae to participate in a pending action. Flaws v. Akal Security, Inc., 2020 WL 33117611, at *1 (W.D. Mo. June 18, 2020). District courts consider the following factors when determining whether to allow an amicus brief: (1) whether the information offered through the amicus brief is timely and useful; and (2) whether the [entity or individual] seeking to file the amicus brief is an advocate for one of the parties. Id. Here, the information is timely because all parties will have an opportunity to respond. Further, the information offered will be useful to the Court because the filing entities have knowledge, experience, and perspective related to the National Environmental Policy Act, water rights, and water distribution in the Missouri River basin. See United Fire & Casualty Co. v. Titan Contractors Service, Inc., 2012 WL 3065517, at *6 (E.D. Mo. July 27, 2012) (permitting amicus brief to be filed because the knowledge, experience, and perspective related to the matters in this case... would assist the Court in its resolution of the dispute). All three amici advocate for some of the same interests as the State of Missouri. Despite these interests, Defendants do not oppose the motions for leave. Doc. #57 . Accordingly, the motions for leave to file as amicus curiae are granted. Docs. 46, 49, 56. The proposed amicus briefs were filed as exhibits to the motions for leave, and there is no need for the amicus briefs to be filed again. The Court will consider the briefs filed as exhibits. Docs. [46-1], [49-1], [56-1]. Signed on February 8, 2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Opalach, Tessa)
|
| Filing 57 RESPONSE to motion re #46 MOTION for leave to file Brief Amicus Curiae, #56 First MOTION for leave to file an Amicus Curiae Brief, #49 MOTION for leave to file AMICUS CURIAE filed by Mark James Widerschein on behalf of Defendants David Bernhardt, Michael Black, Brenda Burman, Brent C Esplin, Arden Freitag, Joseph E Hall, D. Peter Helmlinger, Ryan McCarthy, U.S. Department of Interior-Bureau of Reclamation, United States Army Corps of Engineers. Reply suggestions due by 2/2/2021 unless otherwise directed by the court. (Widerschein, Mark) |
| Filing 56 First MOTION for leave to file an Amicus Curiae Brief filed by Matthew P. Diehr on behalf of Missouri River Public Water Suppliers Association. Suggestions in opposition/response due by 1/26/2021 unless otherwise directed by the court. (Attachments: #1 Notice of Exhibit Attachment AMICUS BRIEF FOR MISSOURI RIVER PUBLIC WATER SUPPLIERS ASSOCIATION IN SUPPORT OF THE STATE OF MISSOURI, #2 Notice of Exhibit Attachment CORPORATE DISCLOSURE STATEMENT OF AMICUS MISSOURI RIVER PUBLIC WATER SUPPLIERS ASSOCIATION)(Diehr, Matthew) |
|
Filing 55
ORDER by Judge Nanette K. Laughrey. Plaintiff's motion (Doc. #53 ) for leave to file Doc. [53-1] as Exhibit 5 to its motion for summary judgment is GRANTED. This is a TEXT ONLY ENTRY. No document is attached. (Sreeprakash, Netra)
|
|
Filing 54
ORDER by Judge Nanette K. Laughrey. Plaintiff's motion (Doc. #50 ) for leave to file six or fewer excess pages in support of their motion for summary judgment is GRANTED. This is a TEXT ONLY ENTRY. No document is attached. (Sreeprakash, Netra)
|
| Filing 53 MOTION for leave to file Exhibit 5 as attached to Plaintiff's motion for summary judgment filed by Amber Lee Krisp on behalf of State of Missouri. Suggestions in opposition/response due by 1/25/2021 unless otherwise directed by the court. (Attachments: #1 Exhibit Report: Environmental Advantages of Inland Barge Transportation)(Krisp, Amber) |
| Filing 52 SUGGESTIONS in support re #51 MOTION for summary judgment filed by Amber Lee Krisp on behalf of Plaintiff State of Missouri. (Attachments: #1 Affidavit of Richard Grenville, #2 Affidavit of Frank Nelson, #3 Exhibit to Affidavit of Frank Nelson, #4 Affidavit of Robert Bacon)(Related document(s) #51 ) (Krisp, Amber) |
| Filing 51 MOTION for summary judgment filed by Amber Lee Krisp on behalf of State of Missouri. Suggestions in opposition/response due by 1/29/2021 unless otherwise directed by the court. (Krisp, Amber) |
| Filing 50 MOTION for leave to file excess pages in support of Plaintiff's motion for summary judgment filed by Amber Lee Krisp on behalf of All Plaintiffs. Suggestions in opposition/response due by 1/22/2021 unless otherwise directed by the court. (Krisp, Amber) |
| Filing 49 MOTION for leave to file AMICUS CURIAE filed by Carrie Elizabeth Josserand on behalf of Coalition to Protect the Missouri River. Suggestions in opposition/response due by 1/22/2021 unless otherwise directed by the court. (Attachments: #1 Exhibit A)(Attorney Carrie Elizabeth Josserand added to party Coalition to Protect the Missouri River(pty:am))(Josserand, Carrie) |
| Filing 48 Notice of Appearance filed by Mark James Widerschein on behalf of David Bernhardt, Michael Black, Brenda Burman, Brent C Esplin, Arden Freitag, Joseph E Hall, D. Peter Helmlinger, Ryan McCarthy, U.S. Department of Interior-Bureau of Reclamation, United States Army Corps of Engineers. Attorney Mark James Widerschein added to party David Bernhardt(pty:dft), Attorney Mark James Widerschein added to party Michael Black(pty:dft), Attorney Mark James Widerschein added to party Brenda Burman(pty:dft), Attorney Mark James Widerschein added to party Brent C Esplin(pty:dft), Attorney Mark James Widerschein added to party Arden Freitag(pty:dft), Attorney Mark James Widerschein added to party Joseph E Hall(pty:dft), Attorney Mark James Widerschein added to party D. Peter Helmlinger(pty:dft), Attorney Mark James Widerschein added to party Ryan McCarthy(pty:dft), Attorney Mark James Widerschein added to party U.S. Department of Interior-Bureau of Reclamation(pty:dft), Attorney Mark James Widerschein added to party United States Army Corps of Engineers(pty:dft))(Widerschein, Mark) Modified on 1/7/2021 to reflect the correct event. NEF regenerated to parties (Warren, Melissa). Modified on 1/7/2021 (Warren, Melissa). |
| Filing 47 DISCLOSURE OF CORPORATE INTERESTS filed by Robert Joseph Vincze on behalf of Amicus MO-ARC Association.(Vincze, Robert) |
| Filing 46 MOTION for leave to file Brief Amicus Curiae filed by Robert Joseph Vincze on behalf of MO-ARC Association. Suggestions in opposition/response due by 1/19/2021 unless otherwise directed by the court. (Attachments: #1 Exhibit A-proposed brief amicus curiae)(Attorney Robert Joseph Vincze added to party MO-ARC Association(pty:am))(Vincze, Robert) |
|
Filing 45
ORDER by Judge Nanette K. Laughrey. In light of the extraordinary circumstances, Plaintiff's unopposed motion for a 45-day extension of the summary judgment deadlines is GRANTED. Plaintiff shall file its motion for summary judgment and supporting suggestions on or before January 8, 2021. Defendants and Intervenor-Defendant shall file their cross-motions for summary judgment/opposition to Plaintiff's motion for summary judgment and supporting suggestions 60 days after Plaintiff files its motion for summary judgment. Plaintiff shall file its reply/opposition(s) to the Defendants' and Intervenor-Defendant's cross-motions/reply 45 days after the Defendants file their cross-motions for summary judgment. Defendants and Intervenor-Defendants shall file their replies no later than 45 days after Plaintiff files its reply/oppositions. Signed on November 18, 2020 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Sreeprakash, Netra)
|
| Filing 44 MOTION for extension of time to file Plaintiff's motion for summary judgment filed by Amber Lee Krisp on behalf of State of Missouri. Suggestions in opposition/response due by 12/2/2020 unless otherwise directed by the court. (Krisp, Amber) |
| Filing 43 ANSWER to #40 Amended Complaint, on behalf of David Bernhardt, Brenda Burman, Brent C Esplin, Joseph E Hall, D. Peter Helmlinger, Ryan McCarthy, U.S. Department of Interior-Bureau of Reclamation, United States Army Corps of Engineers.(Attorney Romney Philpott added to party Brent C Esplin(pty:dft), Attorney Romney Philpott added to party Joseph E Hall(pty:dft))(Philpott, Romney) |
| Filing 42 ANSWER to #40 Amended Complaint, on behalf of State of North Dakota.(Duvall, Carly) |
| Filing 41 ANSWER to #40 Amended Complaint, on behalf of North Dakota Garrison Diversion Conservancy District.(Duvall, Carly) |
| Filing 40 AMENDED COMPLAINT against David Bernhardt, Brenda Burman, D. Peter Helmlinger, Ryan McCarthy, North Dakota Garrison Diversion Conservancy District, State of North Dakota, U.S. Department of Interior-Bureau of Reclamation, United States Army Corps of Engineers, Joseph E Hall, Brent C Esplin filed by Amber Lee Krisp on behalf of State of Missouri.(Krisp, Amber) |
| Filing 39 NOTICE of filing of Administrative Record by David Bernhardt, Michael Black, Brenda Burman, Arden Freitag, D. Peter Helmlinger, Ryan McCarthy, U.S. Department of Interior-Bureau of Reclamation, United States Army Corps of Engineers (Attachments: #1 Declaration of A. Persinger, #2 Admin. Record Index)(Philpott, Romney) Modified on 10/2/2020, DVDs received by the Clerk's Office. Origninal placed in file, copy forwarded to chambers.(James, Carrie). |
|
Filing 38
ORDER by Judge Nanette K. Laughrey. Plaintiff's unopposed motion, Doc. #36 , for leave to amend the complaint is GRANTED. The amended complaint must be filed within one week. Signed on September 21, 2020 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Sreeprakash, Netra)
|
| Filing 37 RESPONSE to motion re #36 First MOTION to amend/correct the Complaint filed by Romney Philpott on behalf of Defendants David Bernhardt, Michael Black, Brenda Burman, Arden Freitag, D. Peter Helmlinger, Ryan McCarthy, U.S. Department of Interior-Bureau of Reclamation, United States Army Corps of Engineers. Reply suggestions due by 10/5/2020 unless otherwise directed by the court. (Philpott, Romney) |
| NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 09/16/2020 as Document No. 37, Rule 16 Notice. The document has been deleted as it was filed in the incorrect case. This is a text entry only - no document is attached. (Geiser, Angel) |
| Filing 36 First MOTION to amend/correct the Complaint filed by Amber Lee Krisp on behalf of All Plaintiffs. Suggestions in opposition/response due by 9/18/2020 unless otherwise directed by the court. (Attachments: #1 Amended Complaint)(Krisp, Amber) |
|
Filing 35
SCHEDULING ORDER: The Administrative Record shall be filed by 9/24/2020. Plaintiff shall file its Summary Judgment motion by 11/24/2020. Defendants and Intervenor-Defendant shall file their cross-motions for summary judgment/opposition to Plaintiff's motion for summary judgment and supporting suggestions 60 days after Plaintiff files its motion for summary judgment. Signed on 8/5/20 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea)
|
| Filing 34 Joint PROPOSED SCHEDULING ORDER by State of Missouri. (Duggan, Timothy) |
|
Filing 33
ORDER by Judge Nanette K. Laughrey. Plaintiff's unopposed motion (Doc. #32 ) for a two-week extension of the parties' time to file a proposed scheduling order is GRANTED. The proposed scheduling order must be filed on or before July 28, 2020. This is a TEXT ONLY ENTRY. No document is attached. (Sreeprakash, Netra)
|
| Filing 32 MOTION for extension of time for Filing a Proposed Scheduling Order filed by Timothy P Duggan on behalf of All Plaintiffs. Suggestions in opposition/response due by 7/28/2020 unless otherwise directed by the court. (Duggan, Timothy) |
| NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP) |
|
Filing 31
ORDER entered by Judge Nanette K. Laughrey. Proposed scheduling order due by 7/14/2020. Rule 26 conference due by 7/7/2020. Signed on 6/23/20 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea)
|
| Filing 30 ANSWER to #1 Complaint, on behalf of David Bernhardt, Michael Black, Brenda Burman, Arden Freitag, D. Peter Helmlinger, Ryan McCarthy, U.S. Department of Interior-Bureau of Reclamation, United States Army Corps of Engineers.(Philpott, Romney) |
| Filing 29 Intervenor-Defendant State of North Dakota's ANSWER to #1 Complaint, on behalf of State of North Dakota.(Duvall, Carly) |
| Filing 28 North Dakota Garrison Diversion Conservancy ANSWER to #1 Complaint, on behalf of North Dakota Garrison Diversion Conservancy District.(Duvall, Carly) |
|
Filing 27
ORDER by Judge Nanette K. Laughrey. Defendants' motion (Doc. #6 ) to transfer the case to the United States District Court for the District of North Dakota is DENIED. Signed on June 8, 2020 by District Judge Nanette K. Laughrey. (Sreeprakash, Netra)
|
|
Filing 26
ORDER by Judge Nanette K. Laughrey. The unopposed motion by proposed intervenor-defendant State of North Dakota to intervene in this action (Doc. #20 ) is GRANTED. The motion to intervene is timely, the State of North Dakota has a cognizable interest in this action, disposition of the action may impair or impede the interests of the State of North Dakota, and the interests of the State of North Dakota are not adequately represented by the other parties. The State of North Dakota may intervene as a matter of right. See Natl Parks Conservation Assn v. U.S. E.P.A., 759 F.3d 969, 974-76 (8th Cir. 2014). Signed on May 28, 2020 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Sreeprakash, Netra)
|
|
Filing 25
ORDER granting #23 motion to appear pro hac vice entered by Clerk of Court. Attorney Jennifer L. Verleger for North Dakota Garrison Diversion Conservancy District and State of North Dakota allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
|
| Filing 24 NOTICE of appearance by Jessica E. Merrigan on behalf of State of North Dakota (Attorney Jessica E. Merrigan added to party State of North Dakota(pty:intvd))(Merrigan, Jessica) |
| Filing 23 Motion to allow Jennifer L. Verleger to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6854370) filed by Carly Duvall on behalf of State of North Dakota. (Duvall, Carly) |
| Filing 22 NOTICE of appearance by Carly Duvall on behalf of State of North Dakota (Duvall, Carly) |
| Filing 21 SUGGESTIONS in support re #20 MOTION to intervene filed by Carly Duvall on behalf of Intervenor Defendant State of North Dakota. (Related document(s) #20 ) (Duvall, Carly) |
| Filing 20 MOTION to intervene filed by Carly Duvall on behalf of State of North Dakota. Suggestions in opposition/response due by 5/26/2020 unless otherwise directed by the court. (Attorney Carly Duvall added to party State of North Dakota(pty:intvd))(Duvall, Carly) |
| Filing 19 REPLY SUGGESTIONS to motion re #6 MOTION to reassign/transfer case to the District of North Dakota filed by Romney Philpott on behalf of Defendants David Bernhardt, Michael Black, Brenda Burman, Arden Freitag, D. Peter Helmlinger, Ryan McCarthy, U.S. Department of Interior-Bureau of Reclamation, United States Army Corps of Engineers. (Related document(s) #6 ) (Philpott, Romney) |
| Filing 18 SUGGESTIONS in opposition re #6 MOTION to reassign/transfer case to the District of North Dakota filed by Amber Lee Krisp on behalf of Plaintiff State of Missouri. Reply suggestions due by 5/4/2020 unless otherwise directed by the court. (Related document(s) #6 ) (Krisp, Amber) |
| Filing 17 NOTICE of filing Notice of Joinder in Motion to Transfer by North Dakota Garrison Diversion Conservancy District re #6 MOTION to reassign/transfer case to the District of North Dakota (Duvall, Carly) |
|
Filing 16
ORDER by Judge Nanette K. Laughrey. Defendants' unopposed motion, Doc. #7 , to stay the deadline to respond to the complaint pending resolution of the motion to transfer is GRANTED. Defendants' response to the complaint must be filed within fourteen days of entry of the Court's decision on the motion to transfer. Signed on April 14, 2020 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Sreeprakash, Netra)
|
| Filing 15 RESPONSE to motion re #6 MOTION to reassign/transfer case to the District of North Dakota, #7 MOTION to stay deadline to file response to complaint filed by Timothy P Duggan on behalf of Plaintiff State of Missouri. Reply suggestions due by 4/28/2020 unless otherwise directed by the court. (Duggan, Timothy) |
|
Filing 14
ORDER granting #12 motion to appear pro hac vice entered by Clerk of Court. Attorney Bennett L. Johnson for North Dakota Garrison Diversion Conservancy District allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
|
|
Filing 13
ORDER granting #11 motion to appear pro hac vice entered by Clerk of Court. Attorney Tami L. Norgard for North Dakota Garrison Diversion Conservancy District allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
|
| Filing 12 Motion to allow Bennett L. Johnson to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6811904) filed by Carly Duvall on behalf of North Dakota Garrison Diversion Conservancy District. (Duvall, Carly) |
| Filing 11 Motion to allow Tami L. Norgard to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6811842) filed by Carly Duvall on behalf of North Dakota Garrison Diversion Conservancy District. (Duvall, Carly) |
| Filing 10 NOTICE of appearance by Carly Duvall on behalf of North Dakota Garrison Diversion Conservancy District (Attorney Carly Duvall added to party North Dakota Garrison Diversion Conservancy District(pty:dft))(Duvall, Carly) |
| Filing 9 NOTICE of appearance by Jessica E. Merrigan on behalf of North Dakota Garrison Diversion Conservancy District (Attorney Jessica E. Merrigan added to party North Dakota Garrison Diversion Conservancy District(pty:dft))(Merrigan, Jessica) |
|
Filing 8
ORDER by Judge Nanette K. Laughrey. Any response by the plaintiff to the Federal Defendants' motion (Doc. #7 ) to stay the deadline to respond to the complaint must be filed on or before April 14, 2020. Signed on April 7, 2020 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Sreeprakash, Netra)
|
| Filing 7 MOTION to stay deadline to file response to complaint filed by Romney Philpott on behalf of David Bernhardt, Michael Black, Brenda Burman, Arden Freitag, D. Peter Helmlinger, Ryan McCarthy, U.S. Department of Interior-Bureau of Reclamation, United States Army Corps of Engineers. Suggestions in opposition/response due by 4/20/2020 unless otherwise directed by the court. (Philpott, Romney) |
| Filing 6 MOTION to reassign/transfer case to the District of North Dakota filed by Romney Philpott on behalf of David Bernhardt, Michael Black, Brenda Burman, Arden Freitag, D. Peter Helmlinger, Ryan McCarthy, U.S. Department of Interior-Bureau of Reclamation, United States Army Corps of Engineers. Suggestions in opposition/response due by 4/20/2020 unless otherwise directed by the court. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Attorney Romney Philpott added to party David Bernhardt(pty:dft), Attorney Romney Philpott added to party Michael Black(pty:dft), Attorney Romney Philpott added to party Brenda Burman(pty:dft), Attorney Romney Philpott added to party Arden Freitag(pty:dft), Attorney Romney Philpott added to party D. Peter Helmlinger(pty:dft), Attorney Romney Philpott added to party Ryan McCarthy(pty:dft), Attorney Romney Philpott added to party U.S. Department of Interior-Bureau of Reclamation(pty:dft), Attorney Romney Philpott added to party United States Army Corps of Engineers(pty:dft))(Philpott, Romney) |
| NOTICE OF DOCKET MODIFICATION Acknowledgment of service #5 for David Bernhardt, Michael Black, Brenda Burman, Arden Freitag, D. Peter Helmlinger, Ryan McCarthy, U.S. Department of Interior-Bureau of Reclamation, and United States Army Corps of Engineers on 02/20/2020; Answer deadline 04/20/2020. (Geiser, Angel) |
| Filing 5 ACKNOWLEDGEMENT OF SERVICE executed Acknowledgement filed by State of Missouri. (Attachments: #1 Exhibit A)(Duggan, Timothy) |
| Filing 4 RETURN OF WAIVER OF SERVICE filed by State of Missouri. Waiver sent to North Dakota Garrison Diversion Conservancy District on 2/25/2020, answer due 4/27/2020. (Duggan, Timothy) |
|
Filing 3
ORDER ON PRETRIAL PROCEDURES. Service must be obtained on all defendants within forty (40) days of the date of this Order unless otherwise authorized by the Court. Signed on 2/6/20 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea)
|
| ELECTRONIC SUMMONS ISSUED as to David Bernhardt, Michael Black, Brenda Burman, Arden Freitag, D. Peter Helmlinger, Ryan McCarthy, North Dakota Garrison Diversion Conservancy District, U.S. Department of Interior-Bureau of Reclamation, United States Army Corps of Engineers and emailed to plaintiff's counsel. (Lock, Tania) |
| Filing 2 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Geiser, Angel) |
| Filing 1 COMPLAINT against All Defendants filed by Timothy P Duggan on behalf of All Plaintiffs. Filing fee $400, receipt number AMOWDC-6711071. Service due by 5/4/2020 unless otherwise directed by the court.(Duggan, Timothy) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Missouri Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
