State of New Mexico, et al v. United States et al
| New Mexico Environment Department and Hector Balderas |
| United States and United States Department of Air Force |
| Senator Mimi Stewart, Senator Antoinette Lopez and Representative Andres Romero |
| 1:2019cv00178 |
| March 5, 2019 |
| US District Court for the District of New Mexico |
| Laura Fashing |
| Karen B Molzen |
| Kea W Riggs |
| John K Robbenhaar |
| John F Robbenhaar |
| Environmental Matters |
| 42 U.S.C. § 6901 Resource & Recovery Act |
| None |
Docket Report
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| Filing 60 CONDITIONAL TRANSFER ORDER by JPML (certified copy) transferring this matter to the United States District Court for the District of South Carolina for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. Sec. 1407; assigned to the Honorable Richard M. Gergel (MDL 2873). (bl) |
| Filing 59 NOTICE by United States, United States Department of Air Force of Withdrawal of Counsel (McDonough, Eileen) |
Filing 58
ORDER FINDING GOOD CAUSE TO DELAY SCHEDULING ORDER by Magistrate Judge John F. Robbenhaar. (smd)
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| Filing 57 RESPONSE in Opposition re #51 MOTION for Leave to File Supplemental Certifications in Further Support of Plaintiffs' Motion for Preliminary Injunction and In Opposition to Defendants' Motion to Dismiss filed by United States, United States Department of Air Force. (McDonough, Eileen) |
| Filing 56 MOTION for Leave to File by Chemguard Inc., Tyco Fire Products. (Attachments: #1 Exhibit Exhibit A to Motion for Leave to File) (Johnson, Eric) |
| Filing 55 NOTICE of Appearance by Eric B Johnson on behalf of Tyco Fire Products, Chemguard Inc. (Johnson, Eric) |
| Filing 54 Notice of Letter Response to Order to Show Cause RESPONSE re #50 Order to Show Cause filed by Non Party. (Attachments: #1 Exhibit) (Conaway, Joshua). Modified "filed by" field on 3/2/2020 (jg). |
| Filing 53 RESPONSE re #50 Order to Show Cause filed by United States, United States Department of Air Force. (McDonough, Eileen) |
| Filing 52 RESPONSE TO ORDER TO SHOW CAUSE by Hector Balderas, New Mexico Environment Department (Attachments: #1 Exhibit CTO 26, #2 Exhibit Notice of Opposition to CTO 26) (Kanner, Allan) |
| Filing 51 MOTION for Leave to File Supplemental Certifications in Further Support of Plaintiffs' Motion for Preliminary Injunction and In Opposition to Defendants' Motion to Dismiss by Hector Balderas. (Attachments: #1 Exhibit Exhibit A - Supplemental Certification of Dave Cobrain, #2 Exhibit Exhibit B - Supplemental Certification of Secretary James C. Kenney) (Kanner, Allan) |
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Filing 50
ORDER TO SHOW CAUSE by District Judge Kea W. Riggs. Show Cause Responses due by 2/28/2020. (Attachments: #1 Exhibit, #2 Exhibit) (ve)
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| Filing 49 NOTICE OF CONSENT TO TRANSFER by District Judge Kea W. Riggs. (Attachments: #1 Exhibit, #2 Exhibit) (ve) |
| Filing 48 NOTICE of Appearance by Shari Howard on behalf of United States, United States Department of Air Force (Howard, Shari) |
| Filing 47 NOTICE by Hector Balderas NOTICE OF WITHDRAWAL OF COUNSEL (Minard, Anne) |
| Filing 46 PLEASE TAKE NOTICE that this case has been reassigned to District Judge Kea W. Riggs as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. District Judge Martha Vazquez no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg*) |
| Filing 45 BRIEF re #31 Cross MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction Amici Curiae Brief in Support of Response in Opposition by Antoinette Lopez, Andres Romero, Mimi Stewart (de Saillan, Charles) |
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Filing 44
ORDER by District Judge Martha Vazquez GRANTING #37 Motion for Leave to File Amicus Curiae Brief. (gr)
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Filing 43
ORDER by District Judge Martha Vazquez GRANTING #15 Motion for Leave to File Excess Pages. (laz)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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| Filing 42 NOTICE of Briefing Complete by All Plaintiffs re #10 MOTION for Preliminary Injunction filed by New Mexico Environment Department, Hector Balderas (Kanner, Allan) |
| Filing 41 NOTICE of Briefing Complete by United States, United States Department of Air Force re #31 Cross MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction filed by United States Department of Air Force, United States (McDonough, Eileen) |
| Filing 40 REPLY to Response to Motion re #31 Cross MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction filed by United States, United States Department of Air Force. (McDonough, Eileen) |
| Filing 39 NOTICE by United States, United States Department of Air Force re #35 Response in Opposition to Motion, Agreed-upon Extension to Oct. 28, 2019 (McDonough, Eileen) |
| Filing 38 NOTICE by United States, United States Department of Air Force re #31 Cross MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction Re Agreed-Upon Extension of Time To File Reply (Rule 7.4(a) (McDonough, Eileen) |
| Filing 37 MOTION for Leave to File Amicus Curiae Brief by Antoinette Lopez, Andres Romero, Mimi Stewart. (Attachments: #1 Exhibit) (de Saillan, Charles) |
| Filing 36 NOTICE of Appearance by Charles de Saillan on behalf of Mimi Stewart, Antoinette Lopez, Andres Romero (de Saillan, Charles) |
| Filing 35 RESPONSE in Opposition re #31 Cross MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction and Reply In Further Support of Plaintiffs' Motion for Preliminary Injunction filed by Hector Balderas, New Mexico Environment Department. (Kanner, Allan) |
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Filing 34
ORDER by District Judge Martha Vazquez granting #32 Motion for Leave to File Out of Time. (mjr)
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| Filing 33 RESPONSE in Opposition re #10 MOTION for Preliminary Injunction filed by United States, United States Department of Air Force. (Attachments: #1 Exhibit Howard Declaration, #2 Exhibit Kottkamp Declaration, #3 Exhibit Robin Declaration) (McDonough, Eileen) Modified link and text on 9/9/2019 (mjr). |
| Filing 32 MOTION for Leave to File Opposition Out of Time by United States, United States Department of Air Force. (McDonough, Eileen) |
| Filing 31 Cross MOTION to Dismiss , MOTION to Dismiss for Lack of Jurisdiction by United States, United States Department of Air Force. (Attachments: #1 Memorandum of law, #2 Exhibit Howard Declaration, #3 Exhibit Kottkamp Declaration, #4 Exhibit Paul Declaration) (McDonough, Eileen) |
| Filing 30 Cross MOTION to Dismiss for Lack of Jurisdiction by United States, United States Department of Air Force. (McDonough, Eileen) |
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Filing 29
ORDER by District Judge Martha Vazquez GRANTING #28 Consent Motion for Leave to File Excess Pages. See Order for Specifics. (gr)
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| Filing 28 Consent MOTION for Leave to File Excess Pages and to Modify Briefing schedule by United States, United States Department of Air Force. (McDonough, Eileen) |
| Filing 27 NOTICE by Hector Balderas, New Mexico Environment Department Certification of Good Standing for Elizabeth Bryce Petersen (Khoury, Cholla) |
| Filing 26 NOTICE by Hector Balderas, New Mexico Environment Department Certification of Good Standing for Allison Shipp Brouk (Khoury, Cholla) |
| Filing 25 NOTICE by Hector Balderas, New Mexico Environment Department Certification of Good Standing for Allan Kanner (Khoury, Cholla) |
| Filing 24 ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Hector Balderas by Elizabeth Petersen (Association Dues - Online Payment) (Petersen, Elizabeth)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 23 ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Hector Balderas by Allison Brouk (Association Dues - Online Payment) (Brouk, Allison)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 22 ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Hector Balderas by Allan Kanner (Association Dues - Online Payment) (Kanner, Allan)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Association Dues Received: $ 100 receipt number 1084-6607850 re: # 22 Association of Attorney Licensed Outside the District, filed by Hector Balderas (Payment made via Pay.gov)(Kanner, Allan) |
| Association Dues Received: $ 100 receipt number 1084-6607975 re: # 24 Association of Attorney Licensed Outside the District, filed by Hector Balderas (Payment made via Pay.gov)(Petersen, Elizabeth) |
| Association Dues Received: $ 100 receipt number 1084-6607898 re: # 23 Association of Attorney Licensed Outside the District, filed by Hector Balderas (Payment made via Pay.gov)(Brouk, Allison) |
| Filing 21 PLEASE TAKE NOTICE that this case has been reassigned to District Judge Martha Vazquez as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge Laura Fashing no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg) |
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Filing 20
ORDER by Magistrate Judge John F. Robbenhaar granting #19 Motion for Extension of Time to File Response as to #10 MOTION for Preliminary Injunction. Response due by 9/6/2019. (smd)
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| Filing 19 MOTION for Extension of Time to File Response/Reply as to #10 MOTION for Preliminary Injunction (Partially Unopposed) by United States, United States Department of Air Force. (McDonough, Eileen) |
| Filing 18 NOTICE of Appearance by Eileen McDonough on behalf of United States, United States Department of Air Force (McDonough, Eileen) |
| Filing 17 NOTICE of Appearance by Erica Zilioli on behalf of United States, United States Department of Air Force (Zilioli, Erica) |
| Filing 16 NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge no later than 10 days from the entry of this notice unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (ccp)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 15 MOTION for Leave to File Excess Pages For Exhibits to Plaintiffs' Motion for Preliminary Injunction by Hector Balderas, New Mexico Environment Department. (Khoury, Cholla) |
| Filing 14 DECLARATION re #10 MOTION for Preliminary Injunction (Cholla Khoury) by Hector Balderas, New Mexico Environment Department (Attachments: #1 Exhibit A, #2 Exhibit A, cont., #3 Exhibit B, C, #4 Exhibit C, cont., #5 Exhibit D through K) (Khoury, Cholla) |
| Filing 13 DECLARATION re #10 MOTION for Preliminary Injunction (Mark Stevens Laska, Ph.D.) by Hector Balderas, New Mexico Environment Department (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J) (Khoury, Cholla) |
| Filing 12 DECLARATION re #10 MOTION for Preliminary Injunction (Dave Cobrain) by Hector Balderas, New Mexico Environment Department (Khoury, Cholla) |
| Filing 11 BRIEF re #10 MOTION for Preliminary Injunction by Hector Balderas, New Mexico Environment Department (Khoury, Cholla) |
| Filing 10 MOTION for Preliminary Injunction by Hector Balderas, New Mexico Environment Department. (Khoury, Cholla) |
| Filing 9 AMENDED COMPLAINT against All Defendants., filed by Hector Balderas, New Mexico Environment Department. (Khoury, Cholla) |
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Filing 8
ORDER by Magistrate Judge John K. Robbenhaar granting #6 Motion for Extension of Time to Answer. The United States shall answer or otherwise respond to the Complaint within 60 days after Plaintiffs file an Amended Complaint. THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (kc)
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| Filing 6 Consent MOTION for Extension of Time to File Answer re #1 Complaint by United States, United States Department of Air Force. (McDonough, Eileen) |
| Filing 7 PLEASE TAKE NOTICE that this case has been reassigned to Magistrate Judge John K. Robbenhaar as the pretrial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge Karen B. Molzen no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg*) |
| Filing 5 NOTICE of Appearance by Anne Minard on behalf of All Plaintiffs (Minard, Anne) |
| Filing 4 ***FILED IN ERROR - INCORRECT CASE NUMBER*** NOTICE of Appearance by Anne Minard on behalf of All Plaintiffs (Minard, Anne) Modified on 4/2/2019 (jg). |
| Filing 3 NOTICE of Appearance by David D. Mitchell on behalf of All Defendants (Mitchell, David) |
| Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Laura Fashing to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg) |
| Filing 1 COMPLAINT against United States, United States Department of Air Force ( Filing Fee - Online Payment), filed by State of NM, ex rel. (Attachments: #1 Civil Cover Sheet)(Khoury, Cholla) |
| Filing and Administrative Fees Received: $ 400 receipt number 1084-6314175 re #1 Complaint filed by State of NM, ex rel (Payment made via Pay.gov)(Khoury, Cholla) |
| Office code correction. Case office code has been changed from 6 (Santa Fe) to 1 (Albuquerque). (jg) |
| Summons Issued as to U.S. Attorney and U.S. Attorney General (jg) |
| United States Magistrate Judge Laura Fashing and United States Magistrate Judge Karen B. Molzen assigned. (jg) |
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