Save Our Sound OBX, Inc., et al v. North Carolina Department of Transportation, et al
Plaintiff: Save Our Sound OBX, Inc., Mark Haines, Jer Mehta, Glenn Stevens, David Hadley, Thomas Aschmoneit and Richard Ayella
Defendant: North Carolina Department of Transportation, Federal Highway Administration, John F. Sullivan, III and James H. Trogdon, III
Intervenor_defendant: Defenders of Wildlife and National Wildlife Refuge Association
Case Number: 2:2017cv00004
Filed: February 2, 2017
Court: US District Court for the Eastern District of North Carolina
Office: Northern Division Office
County: DARE
Presiding Judge: Louise Wood Flanagan
Nature of Suit: Environmental Matters
Cause of Action: 42:4321
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
June 4, 2018 Opinion or Order Filing 134 JUDGMENT - Signed by Peter A. Moore, Jr., Clerk of Court on 6/4/2018. (Tripp, S.)
January 16, 2018 Opinion or Order Filing 102 ORDER denying 101 Motion for Reconsideration. Signed by District Judge Louise Wood Flanagan on 1/16/2018. (Collins, S.)
October 20, 2017 Opinion or Order Filing 75 ORDER - Plaintiffs motion to compel completion of the administrative record, or, in the alternative, production of extra-record evidence, 60 , is DENIED. Pursuant to section 1(h) of this courts order entered June 21, 2017, [5 8], the parties are DIRECTED to submit a revised proposed briefing schedule for summary judgment within 10 days hereof. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 10/20/2017. (Collins, S.)
September 5, 2017 Opinion or Order Filing 66 MEMORANDUM AND OPINION - The state defendants partial motion to dismiss based upon claimed untimeliness of plaintiffs comments is denied where submission of comments is no prerequisite to judicial review in actions of this nat ure. The conservation groups partial motion to dismiss is denied for the same reason and, in addition, because plaintiffs adequately have alleged injury falling within the zone of interests protected by Section 4(f) and because the scope of plaintiffs challenge is properly limited to reviewable documents.For the reasons set forth herein, the court denied defendants motions. Signed by District Judge Louise Wood Flanagan on 9/5/2017. (Collins, S.)
September 1, 2017 Opinion or Order Filing 65 ORDER granting plaintiff's oral motion for privilege log; denying Defendant's oral Motion for court's reconsideration as to not filing administrative record in CM/ECF. The court lifted stay of the defendant' ;s deadline to respond to the motion to compel with response due 9/19/17. Plaintiff's shall file a reply by 9/26/17. Privilege log shall be filed ex parte, in camera under seal by 9/19/17. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 9/1/2017. (Collins, S.)
August 30, 2017 Opinion or Order Filing 64 ORDER denying 30 Motion to Dismiss for Lack of Jurisdiction; denying 45 Motion to Dismiss for Failure to State a Claim; denying 45 Motion to Dismiss for Lack of Jurisdiction. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 8/30/2017. (Collins, S.)
August 29, 2017 Opinion or Order Filing 63 ORDER AMENDING ORDER ON JOINT MOTION FOR BRIEFING SCHEDULE 41 . Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 8/29/2017. (Collins, S.)
March 23, 2017 Opinion or Order Filing 43 ORDER granting 41 Joint MOTION for Briefing Schedule - After considering the Parties' Joint Motion for Briefing Schedule, the Court finds that the requested schedule is reasonable. The case shall be governed by the sch edule set forth in the attached order. Plaintiffs' Motion for Preliminary Injunction (ECF No. 29) shall be stayed indefinitely. Plaintiffs do not intend to request that the stay of their motion for a preliminary injunction be lifted or to file a motion for a temporary restraining order or modified motion for preliminary injunction, unless Plaintiffs become aware of imminent ground disturbing activities or otherwise determine that it is unlikely that a decision on the merits will be rendered prior to the commencement of ground disturbing activities. Signed by District Judge Louise Wood Flanagan on 3/23/2017. (Baker, C.)
March 7, 2017 Opinion or Order Filing 24 ORDER granting 19 Motion to Intervene - The Conservation Groups shall be Defendant-Intervenors in this action. The Proposed Answer [D.E. 19, Attachment 7], Proposed Motion for Partial Dismissal [D.E. 19, Attachment 8], and Memorandum in Support of Motion for Partial Dismissal [D.E. 19, Attachment 9] provided with Conservation Groups' Unopposed Motion to Intervene now shall be filed separately on the docket by the movant. Signed by District Judge Louise Wood Flanagan on 3/7/2017. (Baker, C.)
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Search for this case: Save Our Sound OBX, Inc., et al v. North Carolina Department of Transportation, et al
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Plaintiff: Save Our Sound OBX, Inc.
Represented By: Michael K. Murphy
Represented By: Zia C. Oatley
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Plaintiff: Mark Haines
Represented By: Michael K. Murphy
Represented By: Zia C. Oatley
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Plaintiff: Jer Mehta
Represented By: Michael K. Murphy
Represented By: Zia C. Oatley
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Plaintiff: Glenn Stevens
Represented By: Michael K. Murphy
Represented By: Zia C. Oatley
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Plaintiff: David Hadley
Represented By: Michael K. Murphy
Represented By: Zia C. Oatley
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Plaintiff: Thomas Aschmoneit
Represented By: Michael K. Murphy
Represented By: Zia C. Oatley
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Plaintiff: Richard Ayella
Represented By: Michael K. Murphy
Represented By: Zia C. Oatley
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Defendant: North Carolina Department of Transportation
Represented By: John G. Batherson
Represented By: Colin Justice
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Defendant: Federal Highway Administration
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Defendant: John F. Sullivan, III
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Defendant: James H. Trogdon, III
Represented By: John G. Batherson
Represented By: Colin Justice
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Intervenor_defendant: Defenders of Wildlife
Represented By: Kimberley Hunter
Represented By: Nicholas S. Torrey
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Intervenor_defendant: National Wildlife Refuge Association
Represented By: Kimberley Hunter
Represented By: Nicholas S. Torrey
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