Wild Horse Education et al v. United States Department of Interior, Bureau of Land Management et al
| Wild Horse Education and Laura Leigh |
| United States Department of Interior, Jon Raby and Bureau Of Land Management |
| Lady Freethinker |
| 3:2023cv00372 |
| July 26, 2023 |
| US District Court for the District of Nevada |
| Reno Office |
| Carla Baldwin |
| Larry R Hicks |
| Environmental Matters |
| 30 U.S.C. § 181 Environment: Review of Agency Action |
| None |
Docket Report
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| Filing 39 TRANSCRIPT of Proceedings, #29 Order on Motion for TRO, Evidentiary Hearing held on 08/09/2023 before Judge Larry R. Hicks. Court Reporter: Judy K. Moore. Recording start and end times: 9:09 a.m. - 12:15 p.m. Any Redaction Request is due by 10/13/2023. Release of the Transcript Restriction is set for 12/21/2023. Before release date, the transcript may be viewed at the court public terminal or purchased through the court reporter. After release date, it may be obtained through the court reporter or PACER. THIS TRANSCRIPT MUST NOT BE ATTACHED AS AN EXHIBIT OR MADE PART OF AN APPENDIX. See Local Rule IA 10-3.(b). (JKM) |
| Filing 38 AMENDED COMPLAINT against All Defendants by Wild Horse Education, Laura Leigh. No changes to parties. (Blome, Jessica) |
| Filing 37 SUMMONS Returned Executed by Wild Horse Education, Laura Leigh re #1 Complaint,,. All Defendants. (Blome, Jessica) |
| Filing 36 TRANSCRIPT of Proceedings, #29 Order on Motion for TRO, Evidentiary Hearing, held on 08/09/2023 before Judge Larry R. Hicks. Court Reporter: Judy K. Moore. Recording start and end times: 1:18 - 5:47 p.m. Any Redaction Request is due by 9/15/2023. Release of the Transcript Restriction is set for 11/23/2023. Before release date, the transcript may be viewed at the court public terminal or purchased through the court reporter. After release date, it may be obtained through the court reporter or PACER. THIS TRANSCRIPT MUST NOT BE ATTACHED AS AN EXHIBIT OR MADE PART OF AN APPENDIX. See Local Rule IA 10-3.(b). (JKM) |
| Filing 35 SUMMONS ISSUED to U.S. Attorney for the District of Nevada re ECF No. #34 Proposed Summons. (DRM) |
| Filing 34 PROPOSED SUMMONS to be issued to the Nevada, U.S. Attorney's Office by Plaintiffs Laura Leigh, Wild Horse Education. (Blome, Jessica) |
| Filing 33 SUMMONS Returned Executed by Wild Horse Education, Laura Leigh. Brian Garland Merrick served on 8/9/2023; U.S. Attorney General served on 8/9/2023. (Blome, Jessica) |
| Filing 32 SUMMONS Returned Executed by Wild Horse Education, Laura Leigh re #1 Complaint,,. United States Department of Interior, Bureau of Land Management served on 8/8/2023; Deb Haaland served on 8/8/2023. (Blome, Jessica) |
| Filing 31 SUMMONS Returned Executed by Wild Horse Education, Laura Leigh re #1 Complaint,,. United States Department of Interior, Bureau of Land Management served on 8/7/2023; Tracy Stone-Manning served on 8/7/2023. (Blome, Jessica) |
| Filing 30 SUMMONS Returned Executed by Wild Horse Education, Laura Leigh re #1 Complaint,,. Jon Raby served on 8/2/2023. (Blome, Jessica) |
| Filing 29 MINUTES OF PROCEEDINGS - Evidentiary Hearing Re: Plaintiffs' Request for Temporary Restraining Order and Preliminary Injunction (ECF No. #10 ) held on 8/9/2023 before Judge Larry R. Hicks. Crtrm Administrator: Paris Rich; Plaintiffs' Counsel: Jessica Blome and Danielle Holt; Federal Defendants' Counsel: Taylor Mayhall, Peter Brocker, Joseph Crusham; Court Reporter: Judy Moore; Time of Hearing: 9:00 AM to 12:15 PM; 1:23 PM to 5:47 PM; Courtroom: 4; Evidentiary Hearing conducted. Witnesses presented. Evidence entered. See attached Minutes. IT IS ORDERED that the Plaintiffs' Request for Temporary Restraining Order and Preliminary Injunction (ECF No. #10 ) is DENIED. IT IS SO ORDERED. (Attachments: #1 Exhibit Plaintiffs' Final Exhibit List, #2 Exhibit Federal Defendants' Final Exhibit List) (Copies have been distributed pursuant to the NEF - PR) |
| Filing 28 EXHIBIT LIST by Plaintiffs Laura Leigh, Wild Horse Education.. (Blome, Jessica) |
| Filing 27 EXHIBIT LIST for Hearing on Plaintiffs' Request for Temporary Restraining order and Preliminary Injunction by Defendants Jon Raby, United States Department of Interior, Bureau of Land Management.. (Crusham, Joseph) |
| Filing 26 OPENING BRIEF re #13 Motion for Leave to File Document/Excess Pages by Amicus Lady Freethinker. . (Kerr, P.) |
Filing 25
ORDERED that Lady Freethinker's Motion for Leave to File an Amicus Brief (ECF No. #13 ) is GRANTED. Signed by Judge Larry R. Hicks on 8/7/2023.(Copies have been distributed pursuant to the NEF - DRM)
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| Filing 24 SUPPLEMENT to #10 Motion for TRO,, Supplemental Declaration of Plaintiff Laura Leigh by Plaintiffs Laura Leigh, Wild Horse Education (Holt, Danielle) |
| Filing 23 WITNESS LIST for Preliminary Injunction Hearing by Plaintiffs Laura Leigh, Wild Horse Education.. (Blome, Jessica) |
| Filing 22 WITNESS LIST for Hearing on Plaintiffs' Request for Temporary Restraining Order and Preliminary Injunction by Defendants Jon Raby, United States Department of Interior, Bureau of Land Management.. (Mayhall, Taylor) |
| Filing 21 RESPONSE to #10 Motion for TRO,, by Defendants Jon Raby, United States Department of Interior, Bureau of Land Management. Replies due by 8/14/2023. (Attachments: #1 Declaration of Ruth Thompson, #2 Declaration of Benjamin Noyes, #3 Declaration of Bruce Thompson, #4 Declaration of Taylor Mayhall, #5 Exhibit 1-6, #6 Exhibit 7-12, #7 Exhibit 13-18)(Mayhall, Taylor) |
| Filing 20 RESPONSE to #13 Motion for Leave to File Document/Excess Pages by Defendants Jon Raby, United States Department of Interior, Bureau of Land Management. Replies due by 8/14/2023. (Mayhall, Taylor) |
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Filing 19
SUPPLEMENTAL ORDER Re: ECF No. #15 Order : The Court cautions BLM that if it should continue to gather wild horses and burros on the Antelope Complex during the remaining days before the scheduled evidentiary hearing, it must do so in accordance with applicable Constitutional standards as to right of access. Failure to provide such access will be dealt with upon the evidentiary hearing scheduled for August 9, 2023, at 9:00 a.m. in Reno Courtroom 4 before District Court Judge Larry R. Hicks. Signed by Judge Larry R. Hicks on 8/4/2023. (Copies have been distributed pursuant to the NEF - DRM) Modified on 8/4/2023 to add "ECF No." notation (DRM).
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Filing 18
ORDER APPROVING #9 Verified Petition for Permission to Practice Pro Hac Vice for Jessica Blome and approving Designation of Local Counsel Danielle M. Holt for Wild Horse Education, Laura Leigh. Signed by Judge Larry R. Hicks on 8/4/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - CJS)
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Filing 17
ORDER granting #7 Motion to Admit Government Attorney Peter W. Brocker. Signed by Judge Larry R. Hicks on 8/4/2023.(Copies have been distributed pursuant to the NEF - CJS)
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| Filing 16 MINUTE ORDER IN CHAMBERS of the Honorable Judge Larry R. Hicks on 8/4/2023. By Deputy Clerk: Paris Rich.In accordance with the Court's Order entered August 4, 2023 (ECF No. #15 ), the Court sets the following deadlines in connection with the Evidentiary Hearing on Plaintiff's Request for Temporary Restraining Order and Preliminary Injunction currently set for Wednesday, August 9, 2023 at 9:00 a.m. in Reno Courtroom 4 before Judge Larry R. Hicks.IT IS ORDERED that personal presence is preferred at the Evidentiary Hearing, but both counsel and witnesses may appear at the Evidentiary Hearing by videoconference.IT IS FURTHER ORDERED that those parties requesting to appear by videoconference for the Evidentiary Hearing shall contact the Courtroom Deputy at Paris_Rich@nvd.uscourts.gov no later than Monday, August 7, 2023 at 4:00 p.m. with their participant email addresses. Thereafter, Zoom invitations and videoconference instructions will be sent directly to each participant by email prior to the Evidentiary Hearing. IT IS FURTHER ORDERED that for those parties appearing by videoconference, the following videoconference instructions be adhered to as follows:Log on to the call ten (10) minutes prior to the hearing time.Mute your sound prior to entering the hearing.Do not talk over one another. State your name prior to speaking for the record.Do not have others in the video screen or moving in the background.No recording of the hearing.No forwarding of any videoconference invitations.Unauthorized users on the videoconference will be removed.IT IS FURTHER ORDERED that the parties shall file a Witness List of any witnesses who intend to appear at the Evidentiary Hearing no later than Monday, August 7, 2023 at 4:00 p.m. IT IS FURTHER ORDERED that any exhibits to be presented at the Evidentiary Hearing shall be delivered to the Courtroom Deputy no later than Tuesday, August 8, 2023 at 12:00 p.m. The parties shall contact the Courtroom Deputy to confirm the format for the exhibits to be submitted. The Court urges the parties to stipulate to the admissability of the exhibits in order to expedite the hearing before the Court. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - PR) |
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Filing 15
ORDERED that a Hearing on Wild Horse's Request for Temporary Restraining Order and Preliminary Injunction (ECF No. #10 ) is set for Wednesday, August 9, 2023, at 9:00 a.m. in Reno Courtroom 4 before District Court Judge Larry R. Hicks. IT IS FURTHER ORDERED that BLM's request for a responsive filing deadline is GRANTED. BLM shall file its response no later than Monday, August 7, 2023, at 4:00 p.m. IT IS FURTHER ORDERED that the request of BLM's counsel in Washington D.C. to appear at the Hearing using videoconferencing software (ECF No. #11 ) is GRANTED. Personal presence is preferred, but both counsel and witnesses may appear by videoconference. Wild Horse is afforded the same opportunity to appear at the Hearing using videoconferencing software should it desire. IT IS FURTHER ORDERED that the courtroom deputy shall arrange logistics for the videoconference, witnesses, and exhibits. Signed by Judge Larry R. Hicks on 8/4/2023. (Copies have been distributed pursuant to the NEF - GA) Modified on 8/4/2023 to correct spelling of the name of the Judge Larry Hicks (GA).
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| Filing 14 CERTIFICATE of Interested Parties by Lady Freethinker. There are no known interested parties other than those participating in the case. (Kerr, P.) |
| Filing 13 MOTION for Leave to File Document re #10 Motion for TRO,, by Amicus Lady Freethinker. Responses due by 8/18/2023. (Attachments: #1 Exhibit)(Kerr, P.) (injunctive) |
| Filing 12 RESPONSE to #11 Motion, by Plaintiffs Laura Leigh, Wild Horse Education. Replies due by 8/9/2023. (Holt, Danielle) |
| Filing 11 MOTION to Set Briefing Schedule on Plaintiffs' Request for Emergency Injunction re #10 Motion for TRO,, by Defendants Jon Raby, United States Department of Interior, Bureau of Land Management. Responses due by 8/16/2023. (Mayhall, Taylor) (misc) (injunctive) |
| Filing 10 MOTION for Temporary Restraining Order by Plaintiffs Laura Leigh, Wild Horse Education. Responses due by 8/15/2023. (Attachments: #1 Declaration Exhibit 1 to Motion - Declaration of Plaintiff Laura Leigh, #2 Exhibit Laura Leigh Declaration Exhibit A, #3 Exhibit Laura Leigh Declaration Exhibit B, #4 Declaration Exhibit 2 to Motion - Declaration of Colette Kaluza, #5 Exhibit Colette Kaluza Declaration Exhibit A, #6 Declaration Exhibit 3 to Motion - Declaration of Marie Milliman, #7 Exhibit Exhibit 4 to Motion - Equine Heat Index, #8 Proposed Order Proposed TRO Order, #9 Proposed Order Proposed Preliminary Injunction Order)(Holt, Danielle) |
| Filing 9 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jessica Lynn Blome and DESIGNATION of Local Counsel Danielle Marie Holt (Filing fee $ 250 receipt number ANVDC-7381296) by Plaintiffs Laura Leigh, Wild Horse Education. (Attachments: #1 Exhibit Certificate of Good Standing CA)(Holt, Danielle) |
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Filing 8
ORDER granting ECF No. #5 Motion to Admit Government Attorney Taylor Anne Mayhall. Signed by Judge Larry R. Hicks on 8/1/2023.(Copies have been distributed pursuant to the NEF - DLS)
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| Filing 7 MOTION to Admit Government Attorney Peter W. Brocker by Defendants Jon Raby, United States Department of Interior, Bureau of Land Management. (Brocker, Peter) |
| Filing 6 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Myanna Dellinger and DESIGNATION of Local Counsel P. Sterling Kerr (Filing fee $ 250 receipt number ANVDC-7380740) by Amicus Lady Freethinker. (Kerr, P.) |
| Filing 5 MOTION to Admit Government Attorney Taylor A. Mayhall by Defendants Jon Raby, United States Department of Interior, Bureau of Land Management. (Mayhall, Taylor) |
| Filing 4 NOTICE of Appearance by attorney Joseph W. Crusham on behalf of Defendants Jon Raby, United States Department of Interior, Bureau of Land Management. (Crusham, Joseph) |
| Filing 3 CERTIFICATE of Interested Parties by Laura Leigh, Wild Horse Education. There are no known interested parties other than those participating in the case (Holt, Danielle) |
| Filing 2 SUMMONS ISSUED as to Jon Raby, United States Department of Interior, Bureau of Land Management, U.S. Attorney and U.S. Attorney General. (Attachments: #1 Secretary of Interior, #2 US Attorney General, #3 Jon Raby) (DRM) |
| Case randomly assigned to Judge Larry R. Hicks and Magistrate Judge Carla Baldwin. (DRM) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $402 receipt number ANVDC-7375026) by Wild Horse Education, Laura Leigh. Certificate of Interested Parties due by 8/5/2023. Proof of service due by 10/24/2023. (Attachments: #1 Civil Cover Sheet, #2 Summons Bureau of Land Management National, #3 Summons Department of Interior, #4 Summons U.S. Attorney General, #5 Summons Bureau of Land Management State Director) (Holt, Danielle) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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