Western Organization of Resource Councils v. Brouillette et al
| Western Organization of Resource Councils |
| Dan Brouillette and United States Department of Energy |
| 4:2020cv00098 |
| October 15, 2020 |
| US District Court for the District of Montana |
| Brian Morris |
| Environmental Matters |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on June 6, 2022. A more recent docket listing may be available from PACER.
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Filing 52
STIPULATION (Motion) of Dismissal by Western Organization of Resource Councils. (George, Aman) Modified on 5/19/2022 to change event to Motion to Dismiss (TLO).
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Filing 51
Order; Plaintiff Western Organization of Resource Councils and Defendants, the United States Department of Energy and Jennifer Granholm, in her official capacity as Secretary of Energy, report that additional time would be beneficial as they consider whether and how to resolve this case. Accordingly, the Court extends the stay of further proceedings in this case. The Court further orders the parties to file a fourth joint status report on or before May 24, 2022, apprising the Court of the status of their discussions and, if appropriate, proposing a schedule for further proceedings. Signed by Judge Brian Morris on 4/6/2022. (TLO)
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Filing 50
STATUS REPORT (Joint) by Dan Brouillette, United States Department of Energy. (Attachments: #1 Text of Proposed Order) (Knapp, Cody) Modified on 3/25/2022 to change event into a stipulated motion (MMS).
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Filing 49
ORDER EXTENDING THE STAY OF FURTHER PROCEEDINGS regarding #48 Stipulated Motion. The Court further orders the parties to file a third joint status report on or before March 25, 2022, apprising the Court of the status of their discussions and, if appropriate, proposing a schedule for further proceedings. Signed by Judge Brian Morris on 2/23/2022. (MMS)
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Filing 48
STATUS REPORT (Joint) by Dan Brouillette, United States Department of Energy. (Attachments: #1 Exhibit Notice of Re-Establishment, #2 Exhibit Charter, #3 Exhibit Proposed Order) (Knapp, Cody) Modified on 2/23/2022 to change event into a pending motion (MMS).
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Set/Reset Deadlines: Status Report due by 3/25/2022. (MMS)
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Filing 47
ORDER: Plaintiff Western Organization of Resource Councils and Defendants, the United States Department of Energy and Jennifer Granholm, in her official capacity as Secretary of Energy, report that the parties are continuing to engage in productive discussions that may allow the resolution of this case without further action by the Court. Accordingly, the Court extends the stay of further proceedings in this case. The Court further orders the parties to file a second joint status report on or before February 23, 2022, apprising the Court of the status of their discussions and, if appropriate, proposing a schedule for further proceedings. Signed by Judge Brian Morris on 1/25/2022. (SLR)
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Filing 46
STATUS REPORT (Joint) by Dan Brouillette, United States Department of Energy. (Attachments: #1 Text of Proposed Order) (Knapp, Cody) Modified on 1/24/2022 to change event into a stipulated motion (MMS).
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Filing 45
ORDER STAYING FURTHER PROCEEDINGS; Plaintiff Western Organization of Resource Councils and Defendants, the United States Department of Energy and Jennifer Granholm, in her official capacity as Secretary of Energy, jointly move to stay further proceedings in this case so that the parties may discuss the possible resolution of this case without further action by the Court. Accordingly, the Court grants that motion, stays all remaining summary-judgment briefing deadlines, and continues sine die the January 11, 2022 hearing on the parties motions for summary judgment. The Court further orders the parties to file a joint status report on or before January 24, 2022, apprising the Court of the status of their discussions and, if appropriate, proposing a schedule for further proceedings. Signed by Judge Brian Morris on 12/13/2021. (TLO)
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Filing 44
Joint MOTION to Stay Proceedings Cody T. Knapp appearing for Defendants Dan Brouillette, United States Department of Energy (Attachments: #1 Text of Proposed Order) (Knapp, Cody)
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Filing 43
Brief/Memorandum in Support re #38 MOTION for Summary Judgment , #42 Cross MOTION for Summary Judgment Consolidated Brief in Opposition to Plaintiff's Motion for Summary Judgment and in Support of Defendants' Cross-Motion for Summary Judgment filed by Dan Brouillette, United States Department of Energy. (Attachments: #1 Exhibit Letter re Lapse of Council Charter) (Knapp, Cody)
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Filing 42
Cross MOTION for Summary Judgment Cody T. Knapp appearing for Defendants Dan Brouillette, United States Department of Energy (Knapp, Cody)
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Filing 41
TEXT ORDER Setting Hearing on Motion #38 MOTION for Summary Judgment : Motion Hearing set for 1/11/2022 at 01:30 PM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 10/27/2021. (SLL)
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Filing 40
Notice of Correction: re #39 Brief in Support of Motion (Doc. 38). The filing error relates to: Incorrect Docket Event used. See the attached document for a brief description of the error made. (SLR)
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Filing 39
Brief in Support of #38 Motion for Summary Judgment/i> Aman George appearing for Plaintiff Western Organization of Resource Councils (George, Aman) Modified on 10/20/2021 to clean up text. (SLR).
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Filing 38
MOTION for Summary Judgment Aman George appearing for Plaintiff Western Organization of Resource Councils (George, Aman)
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Filing 37
ORDER granting #36 Motion to Set Summary Judgment Briefing Schedule. *Please See Order for Deadlines. Signed by Judge Brian Morris on 9/15/2021. (MMS)
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Filing 36
Joint MOTION for Extension of Time to File Cody T. Knapp appearing for Defendants Dan Brouillette, United States Department of Energy (Attachments: #1 Text of Proposed Order Proposed Summary Judgment Briefing Schedule) (Knapp, Cody)
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Set/Reset Deadlines: Motions due by 10/20/2021. (MMS)
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Filing 35
Administrative Record filed by Dan Brouillette, United States Department of Energy. (Attachments: #1 Exhibit 1 - Index, #2 Exhibit 2 - AR Vol. I, #3 Exhibit 3 - AR Vol. II, #4 Exhibit 4 - AR Vol. III, #5 Exhibit 5 - Sarkus Declaration) (Knapp, Cody)
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Filing 34
ORDER: Plaintiff Western Organization of Resource Councils and Defendants, the United States Department of Energy and Jennifer Granholm, in her official capacity as Secretary of Energy, jointly move to vacate the Courts July 19, 2021 scheduling order and ask the Court to adopt new pre-trial deadlines. Accordingly, the Court vacates the July 19, 2021 scheduling order and adopts the following schedule: Defendants to re-file Administrative Record - September 8, 2021; Plaintiff to move to supplement OR parties to propose summary judgment briefing schedule - September 15, 2021. Signed by Judge Brian Morris on 8/18/2021. (SLR)
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Filing 33
Joint MOTION to Vacate #32 Order on Motion to Vacate,,, Order on Motion for Extension of Time to File,, , Joint MOTION for Extension of Time to File Cody T. Knapp appearing for Defendants Dan Brouillette, United States Department of Energy (Attachments: #1 Text of Proposed Order) (Knapp, Cody)
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Filing 32
ORDER; Plaintiff Western Organization of Resource Councils and Defendants, the United States Department of Energy and Jennifer Granholm, in her official capacity as Secretary of Energy, jointly move to vacate the Courts May 14, 2021 scheduling order and ask the Court to adopt new pre-trial deadlines #31 . Accordingly, the Court vacates the May 14, 2021 scheduling order and adopts the following schedule: Defendants to Re-File Administrative Record; Plaintiff to Move to Supplement August 18, 2021; Parties to Propose Summary Judgment Briefing Schedule August 25, 2021. Signed by Judge Brian Morris on 7/19/2021. (TLO)
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Filing 31
Joint MOTION to Vacate #29 Order on Motion to Vacate, , Joint MOTION for Extension of Time to File Cody T. Knapp appearing for Defendants Dan Brouillette, United States Department of Energy (Attachments: #1 Text of Proposed Order) (Knapp, Cody)
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Filing 30
Administrative Record filed by Dan Brouillette, United States Department of Energy. (Attachments: #1 Exhibit 1 - Index, #2 Exhibit 2 - Administrative Record Vol. I, #3 Exhibit 3 - Administrative Record Vol. II, #4 Exhibit 4 - Sarkus Certification of Administrative Record) (Knapp, Cody)
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Filing 29
ORDER granting #28 Motion to Vacate Scheduling Order. Parties shall propose an amended briefing schedule within 14 days of the resolution of any motions to supplement the administrative record. PLEASE SEE ORDER FOR NEW DEADLINES. Signed by Judge Brian Morris on 5/14/2021. (MMS)
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Filing 28
Joint MOTION to Vacate #27 Preliminary Pretrial Conference Order, Cody T. Knapp appearing for Defendants Dan Brouillette, United States Department of Energy (Attachments: #1 Exhibit Proposed Order) (Knapp, Cody)
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Filing 27
PRELIMINARY PRETRIAL CONFERENCE ORDER: Preliminary Pretrial Statement due by 6/2/2021. Joint Discovery Plan due by 6/2/2021. Statement of Stipulated Facts due by 6/2/2021. Telephonic Pretrial Conference set for 6/9/2021 at 02:30 PM before Judge Brian Morris. PLEASE SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 4/20/2021. (MMS)
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Filing 26
ANSWER to #1 Complaint, by Dan Brouillette, United States Department of Energy. (Knapp, Cody)
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Filing 25
ORDER denying #8 Motion to Dismiss for Lack of Jurisdiction; denying #8 Motion to Dismiss for Failure to State a Claim Signed by Judge Brian Morris on 4/6/2021. (MMS)
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Filing 24
NOTICE by Western Organization of Resource Councils re #10 Response to Motion, #18 Reply to Response to Motion Supplemental Authority (Attachments: #1 Exhibit A - VoteVets Slip Opinion) (Hernandez, Shiloh)
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Filing 23
TRANSCRIPT DESIGNATION ORDER FORM by Dan Brouillette, United States Department of Energy for proceedings held on 02/05/2021 before Judge Morris. Court reporter Yvette Heinze. Type of transcript: 30-Day. Transcript due by 3/25/2021. (Knapp, Cody)
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Filing 22
TRANSCRIPT of Motion Hearing held on 02/05/2021 before Judge Morris. Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the clerks office, or the court reporter. NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 7 DAYS OF THIS FILING. Contact court reporter Yvette Heinze, 406-422-8619, yvettecsrrpr@gmail.com. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website.. Redaction Request due 3/15/2021. Redacted Transcript Deadline set for 3/23/2021. Release of Transcript Restriction set for 5/21/2021. (YMH)
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Filing 21
TRANSCRIPT DESIGNATION ORDER FORM by Western Organization of Resource Councils for proceedings held on 2/4/2021 before Judge Hon. Brian Morris. Court reporter Yvette Heinze. Type of transcript: 30-Day. Transcript due by 3/11/2021. (Hernandez, Shiloh)
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Filing 20
MINUTE ENTRY for MOTION HEARING held 2/5/2021 before Judge Brian Morris: Plaintiff Counsel Aman George and Shiloh Hernandez are present by video. Defense Counsel Cody Knapp present by video. Motion Hearing re #8 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Dan Brouillette, United States Department of Energy. Parties with argument. Matter is deemed submitted and the Court will issue an order in the next couple of weeks. Hearing commenced at 10:00 a.m. and concluded at 11:01 p.m.. (Court Reporter Yvette Heinze.) (Law Clerk: S. Carmack), (Hearing held in Great Falls) (MMS)
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Filing 19
TEXT ORDER Re-Setting Hearing on Motion #8 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing is reset for 2/5/2021 at 10:00 AM before Judge Brian Morris. The Court will conduct this hearing by ZOOM. The Court will provide the parties with the ZOOM link. Signed by Judge Brian Morris on 1/27/2021. (SLL)
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Filing 18
REPLY to Response to Motion re #8 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Dan Brouillette, United States Department of Energy. (Knapp, Cody)
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Filing 17
NOTICE of Withdrawal of Counsel: Travis J. Annatoyn withdrawing from the case, filed by Western Organization of Resource Councils (Annatoyn, Travis)
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Filing 16
Joint MOTION to appear via video conference or telephonically re 11 Order Setting Hearing on Motion, Aman George appearing for Plaintiff Western Organization of Resource Councils (George, Aman)
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Filing 15
NOTICE of Acknowledgment of Pro Hac Vice Order by Western Organization of Resource Councils re #13 Order on Motion to Appear Pro Hac Vice, (George, Aman)
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Remark: Aman George is now a registered electronic CM/ECF user. (SLR)
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Filing 14
Letter from Tyler P. Gilman, Clerk of Court, to PHV Counsel Aman George re CM/ECF registration. Letter mailed to Counsel George. (ACC)
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Filing 13
ORDER: Plaintiff has moved for an order allowing Aman George, Esq., to appear pro hac vice in this case with Shiloh Hernandez, Esq., designated as local counsel. The application of Mr. George appears to be in compliance with L.R. 83.1(d). IT IS ORDERED: Plaintiff's #12 motion to allow Mr. George to appear on its behalf is GRANTED, subject to the following conditions: **SEE ORDER FOR FULL DETAILS**. Signed by Judge Brian Morris on 1/15/2021. (ACC)
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Filing 12
Unopposed MOTION Aman George to Appear Pro Hac Vice ( Filing fee $ 262 receipt number 0977-2602019.) Shiloh Silvan Hernandez appearing for Plaintiff Western Organization of Resource Councils (Attachments: #1 Declaration of Aman George, #2 Text of Proposed Order) (Hernandez, Shiloh)
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Filing 11
TEXT ORDER Setting Hearing on Motion #8 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 2/5/2021 at 01:30 PM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 1/14/2021. (SLL)
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Filing 10
RESPONSE to Motion re #8 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Western Organization of Resource Councils. (Annatoyn, Travis)
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Filing 9
Brief/Memorandum in Support re #8 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Dan Brouillette, United States Department of Energy. (Attachments: #1 Exhibit National Coal Council Charter) (Knapp, Cody)
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Filing 8
MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Cody T. Knapp appearing for Defendants Dan Brouillette, United States Department of Energy (Knapp, Cody)
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Filing 7
NOTICE of Acknowledgment of Pro Hac Vice Order by Western Organization of Resource Councils re #6 Order on Motion to Appear Pro Hac Vice (Annatoyn, Travis)
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Filing 6
ORDER granting #3 Motion to Appear Pro Hac Vice for Attorney Travis J. Annatoyn for Western Organization of Resource Councils. Acknowledgment of PHV Order due by 11/16/2020. Signed by Judge Brian Morris on 10/30/2020. (TLO)
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Set Deadlines/Hearings: Dan Brouillette answer due 12/15/2020; United States Department of Energy answer due 12/15/2020. (SLR)
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Filing 5
Proof of Service filed by Western Organization of Resource Councils. Service by Service Upon U.S Agency on 10/23/2020. (Attachments: #1 Summons Executed/Proof of Service Upon U.S. Defendants) (Hernandez, Shiloh)
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Filing 4
Corporate Disclosure Statement by Western Organization of Resource Councils. (Hernandez, Shiloh)
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Filing 3
MOTION Travis Annatoyn to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2558949.) Shiloh Silvan Hernandez appearing for Plaintiff Western Organization of Resource Councils (Attachments: #1 Declaration of Travis Annatoyn, #2 Text of Proposed Order) (Hernandez, Shiloh)
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Filing 2
Summons Issued as to Dan Brouillette, United States Department of Energy, U.S. Attorney and U.S. Attorney General (Attachments: #1 Issued Summons_Brouillette, #2 Issued Summons_USA, #3 Issued Summons_US Department of Interior) (MMS) (Originals e-mailed to counsel)
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Filing 1
COMPLAINT against All Defendants, filed by Western Organization of Resource Councils. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Blank Summons_Barr, #7 Blank Summons_Brouillette, #8 Blank Summons_USA, #9 Blank Summons_US Department Of Energy) (MMS)
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Filing fee: $ 400.00, receipt number 0977-2558767 (MMS)
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