New Mexico Cattle Growers Association et al. v. Vilsack et al
| New Mexico Cattle Growers Association, Double Spring Ranch, LLC, New Mexico Federal Lands Council and Spur Lake Cattle Company |
| Tom Vilsack, randy moore, Michiko martin, Rob Lever, Harry Provencio, Kevin Shea and Keith Wehnew |
| 2:2022cv00086 |
| February 8, 2022 |
| US District Court for the District of New Mexico |
| James O Browning |
| Carmen E Garza |
| Agriculture Acts |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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Filing 35
ORDER by District Judge James O. Browning granting #30 Motion for Leave to File Amended Petition for Review of Final Agency Action and Request for Injunctive Relief (bap)
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| Filing 33 NOTICE of Motion Hearing set for 7/15/2022 at 08:30 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. Should a party wish to appear remotely for this hearing they shall notify the Court by filing a written notice no later than 7/13/2022 indicating the preferred method of attendance (via telephone, via Zoom or any other desired method). Upon receipt of notification that one or more of the party(ies) wishes to appear remotely via Zoom the Court will schedule the Zoom session and provide connectivity details to the parties through separate notice/communication. Absent notification as indicated above, the Court will presume an in-person appearance is intended and plan accordingly. (lr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 34 Clerk's Minutes for proceedings held before District Judge James O. Browning: Status Conference/Scheduling Conference held on 3/29/2022. (Court Reporter J. Bean) (bap) |
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Filing 32
ORDER by District Judge James O. Browning granting Parties' #31 Joint MOTION to Vacate #16 Initial Scheduling Order Requirements and to Set Schedule (bap)
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| Filing 31 Joint MOTION to Vacate #16 Initial Scheduling Order Requirements and to Set Schedule by Rob Lever, Michiko Martin, Randy Moore, Harry Provencio, Kevin Shea, Tom Vilsack, Keith Wehnew. (Hamilton, Emma) |
| Filing 30 First MOTION to Amend/Correct #1 Complaint,, by Double Spring Ranch, LLC, New Mexico Cattle Growers Association, New Mexico Federal Lands Council, Spur Lake Cattle Company. (Attachments: #1 Amended Petition For Review, #2 Proposed Order) (Jensen, Brandon) |
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Filing 29
ORDER by District Judge James O. Browning granting #2 Motion to Exceed Page Limit (bap)
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| Filing 28 SUMMONS Returned Executed by Double Spring Ranch, LLC, New Mexico Cattle Growers Association, Spur Lake Cattle Company, New Mexico Federal Lands Council. Randy Moore served on 3/4/2022, answer due 5/3/2022. (Jensen, Brandon) |
| Filing 27 NOTICE by Double Spring Ranch, LLC, New Mexico Cattle Growers Association, New Mexico Federal Lands Council, Spur Lake Cattle Company re #20 Summons Returned Executed as to USA, #23 Summons Returned Executed as to USA, #18 Summons Returned Executed as to USA, #17 Summons Returned Executed as to USA, #24 Summons Returned Executed as to USA, #21 Summons Returned Executed as to USA, #19 Summons Returned Executed as to USA, (Jensen, Brandon) |
| Filing 26 NOTICE by Double Spring Ranch, LLC, New Mexico Cattle Growers Association, New Mexico Federal Lands Council, Spur Lake Cattle Company re 25 Association of Attorney Licensed Outside the District,, NOTICE AND DECLARATION OF GOOD STANDING (Jensen, Brandon) |
| Filing 25 ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Double Spring Ranch, LLC, New Mexico Cattle Growers Association, New Mexico Federal Lands Council, Spur Lake Cattle Company by Brandon L. Jensen on behalf of: Karen Budd-Falen The Budd-Falen Law Offices, LLC 300 East 18th StreetCheyenne, WY 82003 13076325105 karen@buddfalen.com (Association Dues - Online Payment) (Jensen, Brandon)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 24 SUMMONS Returned Executed by Double Spring Ranch, LLC, New Mexico Cattle Growers Association, Spur Lake Cattle Company, New Mexico Federal Lands Council. Michiko Martin served on 2/21/2022, answer due 4/25/2022. (Jensen, Brandon) |
| Association Dues Received: $ 100 receipt number ANMDC-8147062 re: # 25 Association of Attorney Licensed Outside the District,, filed by New Mexico Federal Lands Council, Spur Lake Cattle Company, New Mexico Cattle Growers Association, Double Spring Ranch, LLC (Payment made via Pay.gov)(Jensen, Brandon) |
| Filing 23 SUMMONS Returned Executed by Double Spring Ranch, LLC, New Mexico Cattle Growers Association, Spur Lake Cattle Company, New Mexico Federal Lands Council. Kevin Shea served on 2/21/2022, answer due 4/25/2022. (Budd-Falen, Karen) |
| Filing 22 "FILED IN ERROR" will refile. SUMMONS Returned Executed by Double Spring Ranch, LLC, New Mexico Cattle Growers Association, Spur Lake Cattle Company, New Mexico Federal Lands Council. (Budd-Falen, Karen) Modified text on 3/2/2022 (bap). |
| Filing 21 SUMMONS Returned Executed by Double Spring Ranch, LLC, New Mexico Cattle Growers Association, Spur Lake Cattle Company, New Mexico Federal Lands Council. served Civil Process Clerk 2/21/22; answer due 4/25/22 (Budd-Falen, Karen) Modified text on 3/2/2022 (bap). |
| Filing 20 SUMMONS Returned Executed by Double Spring Ranch, LLC, New Mexico Cattle Growers Association, Spur Lake Cattle Company, New Mexico Federal Lands Council. served Assistant Attorney General for Administration on 2/23/2022; answer due 4/25/22. (Budd-Falen, Karen) Modified text on 3/2/2022 (bap). |
| Filing 19 SUMMONS Returned Executed by Double Spring Ranch, LLC, New Mexico Cattle Growers Association, Spur Lake Cattle Company, New Mexico Federal Lands Council. served United States Attorney General on 2/16/22; Answer Due date 4/18/22 (Budd-Falen, Karen) Modified text on 3/2/2022 (bap). |
| Filing 18 SUMMONS Returned Executed by Double Spring Ranch, LLC, New Mexico Cattle Growers Association, Spur Lake Cattle Company, New Mexico Federal Lands Council. Keith Wehnew served on 2/18/2022, answer due 4/19/2022. (Budd-Falen, Karen) |
| Filing 17 SUMMONS Returned Executed by Double Spring Ranch, LLC, New Mexico Cattle Growers Association, Spur Lake Cattle Company, New Mexico Federal Lands Council. Harry Provencio served on 2/21/2022, answer due 4/22/2022. (Budd-Falen, Karen) |
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Filing 16
INITIAL SCHEDULING ORDER by District Judge James O. Browning; Joint Status Report due by 3/25/2022. Rule 16 Scheduling Conference set for 3/29/2022 at 01:00 PM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. (bap)
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Filing 15
ORDER by District Judge James O. Browning denying #7 Motion for TRO; granting #14 Stipulation and Joint Motion to Vacate hearing; denying without out prejudice re #7 MOTION for Temporary Restraining Order , Notice of Hearing on Motion,,,, MOTION to Withdraw Motion ; granting #14 ORDER on Motion to Withdraw Motion by Rob Lever, Michiko Martin, Randy Moore, Harry Provencio, Kevin Shea, Tom Vilsack, Keith Wehnew. (Smith, Andrew). (bap)
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| Filing 14 Joint MOTION to Vacate #7 MOTION for Temporary Restraining Order , 11 Notice of Hearing on Motion,,,, , MOTION to Withdraw Motion by Rob Lever, Michiko Martin, Randy Moore, Harry Provencio, Kevin Shea, Tom Vilsack, Keith Wehnew. (Smith, Andrew) |
| Filing 13 Email by Wendy Miller (bap) |
| Filing 11 NOTICE of Motion Hearing on Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction #7 scheduled for 2/22/2022 at 01:00 PM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. Should a party wish to appear remotely for this hearing they shall notify the Court by filing a written notice no later than 2/17/2022 indicating the preferred method of attendance (via telephone, via Zoom or any other desired method). Upon receipt of notification that one or more of the party(ies) wishes to appear remotely via Zoom the Court will schedule the Zoom session and provide connectivity details to the parties through separate notice/communication. Parties wishing to appear telephonically can connect to the hearing by contacting (888) 684-8852 Access Code: 5469085Absent notification as indicated above, the Court will presume an in-person appearance is intended and plan accordingly. (lr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 10 PRAECIPE by Double Spring Ranch, LLC, New Mexico Cattle Growers Association, New Mexico Federal Lands Council, Spur Lake Cattle Company (Jensen, Brandon) |
| Summons Issued as to Rob Lever, Michiko Martin, Randy Moore, Harry Provencio, Kevin Shea, Tom Vilsack, Keith Wehnew, U.S. Attorney, DOJ, and U.S. Attorney General (jg) |
| Filing 12 Clerk's Minutes for proceedings held before District Judge James O. Browning: Motion Hearing held on 2/9/2022 re #7 MOTION for Temporary Restraining Order filed by New Mexico Federal Lands Council, Spur Lake Cattle Company, New Mexico Cattle Growers Association, Double Spring Ranch, LLC. (Court Reporter J. Bean) (bap) |
| Filing 9 RESPONSE in Opposition re #7 MOTION for Temporary Restraining Order filed by Rob Lever, Michiko Martin, Randy Moore, Harry Provencio, Kevin Shea, Tom Vilsack, Keith Wehnew. (Duffy, Sean) |
| Filing 8 PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge James O. Browning 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. United States Magistrate Judge Gregory J. Fouratt no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg) |
| Filing 7 MOTION for Temporary Restraining Order and Preliminary Injunction by Double Spring Ranch, LLC, New Mexico Cattle Growers Association, New Mexico Federal Lands Council, Spur Lake Cattle Company. (Attachments: #1 Exhibit 1) (Jensen, Brandon) Modified title on 2/10/2022 (bap). |
| Filing 6 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Gregory J. Fouratt 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 5 APPENDIX/SUPPLEMENT re #1 Complaint,, Civil Coversheet by Double Spring Ranch, LLC, New Mexico Cattle Growers Association, New Mexico Federal Lands Council, Spur Lake Cattle Company (Jensen, Brandon) |
| Filing 4 Corporate Disclosure Statement by Double Spring Ranch, LLC, New Mexico Cattle Growers Association, New Mexico Federal Lands Council, Spur Lake Cattle Company (Jensen, Brandon) |
| Filing 3 ***FILED IN ERROR*** PRAECIPE for summons by Double Spring Ranch, LLC, New Mexico Cattle Growers Association, a non-profit organization on behalf of its members, New Mexico Federal Lands Council, Spur Lake Cattle Company (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons) (Jensen, Brandon) Modified on 2/9/2022 (jg). |
| Filing 2 MOTION to Extend (other) Exceed Page Limit by Double Spring Ranch, LLC, New Mexico Cattle Growers Association, a non-profit organization on behalf of its members, New Mexico Federal Lands Council, Spur Lake Cattle Company. (Attachments: #1 Proposed Order) (Jensen, Brandon) |
| Filing 1 COMPLAINT against All Plaintiffs ( Filing Fee - Online Payment), filed by New Mexico Cattle Growers Association, a non-profit organization on behalf of its members, Double Spring Ranch, LLC, New Mexico Federal Lands Council, Spur Lake Cattle Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Jensen, Brandon) |
| United States Magistrate Judge Gregory J. Fouratt and United States Magistrate Judge Carmen E. Garza assigned. (jg) |
| Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8112675 re #1 Complaint,, filed by New Mexico Federal Lands Council, Spur Lake Cattle Company, New Mexico Cattle Growers Association, a non-profit organization on behalf of its members, Double Spring Ranch, LLC (Payment made via Pay.gov)(Jensen, Brandon) |
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