North Carolina Coastal Fisheries Reform Group et al v. Capt. Gaston LLC et al
| Captain Seth Vernon, David Anthony Sammons, North Carolina Coastal Fisheries Reform Group, Joseph William Albea, Captain Richard Andrews and Dwayne Bevell |
| Capt. Gaston LLC, Trawler Capt. Alfred, Inc., Esther Joy, Inc., Trawlers Garland and Jeff, Inc., North Carolina Department of Environmental Quality, Division of Marine Fisheries, Trawler Christina Ann, Inc., Hobo Seafood, Inc. and Lady Samaira Inc. |
| 4:2020cv00151 |
| August 4, 2020 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Environmental Matters |
| 33 U.S.C. § 1319 |
| None |
Docket Report
This docket was last retrieved on September 17, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 43 Consent MOTION for Extension of Time to File Response/Reply as to #35 MOTION to Dismiss for Lack of Jurisdiction /Standing Pursuant to Rule 12(b)(1), #30 MOTION to Dismiss , #39 MOTION to Dismiss for Lack of Jurisdiction (Lack of Standing), #37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Joseph William Albea, Captain Richard Andrews, Dwayne Bevell, North Carolina Coastal Fisheries Reform Group, David Anthony Sammons, Captain Seth Vernon. (Attachments: #1 Text of Proposed Order) (Conner, James) |
| Filing 42 Proposed Order regarding #39 MOTION to Dismiss for Lack of Jurisdiction (Lack of Standing) filed by Capt. Gaston LLC, Hobo Seafood, Inc., Lady Samaira Inc., Trawler Capt. Alfred, Inc., Trawler Christina Ann, Inc., Trawlers Garland and Jeff, Inc.. (Weeks, Stevenson) |
| Filing 41 Proposed Order regarding #37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Capt. Gaston LLC, Hobo Seafood, Inc., Lady Samaira Inc., Trawler Capt. Alfred, Inc., Trawler Christina Ann, Inc., Trawlers Garland and Jeff, Inc.. (Weeks, Stevenson) |
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| Filing 40 Memorandum in Support regarding #39 MOTION to Dismiss for Lack of Jurisdiction (Lack of Standing) filed by Capt. Gaston LLC, Hobo Seafood, Inc., Lady Samaira Inc., Trawler Capt. Alfred, Inc., Trawler Christina Ann, Inc., Trawlers Garland and Jeff, Inc.. (Case, Charles) |
| Filing 39 MOTION to Dismiss for Lack of Jurisdiction (Lack of Standing) filed by Capt. Gaston LLC, Hobo Seafood, Inc., Lady Samaira Inc., Trawler Capt. Alfred, Inc., Trawler Christina Ann, Inc., Trawlers Garland and Jeff, Inc.. (Case, Charles) |
| Filing 38 Memorandum in Support regarding #37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Capt. Gaston LLC, Hobo Seafood, Inc., Lady Samaira Inc., Trawler Capt. Alfred, Inc., Trawler Christina Ann, Inc., Trawlers Garland and Jeff, Inc.. (Attachments: #1 Exhibit 1 - USACE Determination) (Case, Charles) |
| Filing 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Capt. Gaston LLC, Hobo Seafood, Inc., Lady Samaira Inc., Trawler Capt. Alfred, Inc., Trawler Christina Ann, Inc., Trawlers Garland and Jeff, Inc.. (Case, Charles) |
| Filing 36 Memorandum in Support regarding #35 MOTION to Dismiss for Lack of Jurisdiction /Standing Pursuant to Rule 12(b)(1) filed by Esther Joy, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit A: Excerpt from Johnson, Galen Anna, Multispecies Interactions in a Fishery Ecosystem and Implications for Fisheries Management: The Impacts of the Estuarine Shrimp Trawl Fishery in North Carolina (2006), #3 Exhibit B: Excerpt from NCDMF, 2019 License and Statistics Annual Report, Table II.13, #4 Exhibit C: Excerpt from NCDMF Amendment 1 to Shrimp Fishery Management Plan, (2015), #5 Exhibit D: 2013 NCDMF Hearing Transcript Re: Trawl Ban Petition, #6 Exhibit E: Diamond, Sandra L, Estimation of bycatch in shrimp trawl fisheries: a comparison of estimation using field data and simulated data, Fish. Bull. 101:484, p. 500 (2003), #7 Exhibit F: Excerpt from Krause, Jacob, Sources, Magnitude, and Timing of Weakfish Mortality across the U.S. East Coast (2019), #8 Exhibit G: Krause Radio Interview Transcript (Nov. 5, 2018), #9 Exhibit H: NCCFRG Website Infographic: "Decades of Incompetence", #10 Exhibit I: DMF Backs Status Quo for Trawling, Carolina Coastal Online (Sept. 22, 2012) and NCDMF Letter to Albea/NCCFRG (Oct. 12, 2012)) (Henderson, Marissa) |
| Filing 35 MOTION to Dismiss for Lack of Jurisdiction /Standing Pursuant to Rule 12(b)(1) filed by Esther Joy, Inc.. (Attachments: #1 Proposed Order) (Henderson, Marissa) |
| Filing 34 Memorandum in Support regarding #30 MOTION to Dismiss (CORRECTED) filed by North Carolina Department of Environmental Quality, Division of Marine Fisheries. (Attachments: #1 Exhibit Declaration of Stephen W. Murphey) (Conklin, Scott) Modified on 9/30/2020 to link to underlying motion. (Tripp, S.). |
| Filing 33 Memorandum in Support regarding #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Esther Joy, Inc.. (Attachments: #1 Exhibit A: Esther Joy, Inc. Permit Request Letter and Army Corps of Engineers Response) (Ventker, David) |
| Filing 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Esther Joy, Inc.. (Attachments: #1 Proposed Order) (Ventker, David) |
| Filing 31 *REFILED AT #34 * Memorandum in Support of Motion to Dismiss filed by North Carolina Department of Environmental Quality, Division of Marine Fisheries. (Attachments: #1 Exhibit Declaration of Stephen W Murphey) (Conklin, Scott) Modified on 9/30/2020 (Tripp, S.). |
| Filing 30 MOTION to Dismiss filed by North Carolina Department of Environmental Quality, Division of Marine Fisheries. (Conklin, Scott) |
| TEXT ORDER granting Defendants' Consent Motion for Extension of Time #29 . For good cause shown, it is ordered that Defendants have up to and including September 29, 2020, within which to answer or otherwise respond to the Complaint #1 . Signed by Peter A. Moore, Jr., Clerk of Court on 9/1/2020. (Hockaday, A.) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #29 Consent MOTION for Extension of Time to File Answer. (Collins, S.) |
| Filing 29 Consent MOTION for Extension of Time to File Answer as to #1 Complaint, Defendants' Consent Motion for an Extension of Time to Respond to the Complaint filed by Defendants (Attachments: #1 Text of Proposed Order Proposed Order) (Henderson, Marissa) Modified on 9/1/2020 to revise docket text and link all defendants. (Collins, S.). |
| Filing 28 Notice of Appearance filed by Michael F. Easley, Jr on behalf of Capt. Gaston LLC, Hobo Seafood, Inc., Lady Samaira Inc., Trawler Capt. Alfred, Inc., Trawler Christina Ann, Inc., Trawlers Garland and Jeff, Inc.. (Easley, Michael) |
| Filing 27 Notice of Appearance filed by Henry L. Kitchin, Jr on behalf of Capt. Gaston LLC, Hobo Seafood, Inc., Lady Samaira Inc., Trawler Capt. Alfred, Inc., Trawler Christina Ann, Inc., Trawlers Garland and Jeff, Inc.. (Kitchin, Henry) |
| Filing 26 Notice of Appearance filed by William Dixon Snukals on behalf of Capt. Gaston LLC, Hobo Seafood, Inc., Lady Samaira Inc., Trawler Capt. Alfred, Inc., Trawler Christina Ann, Inc., Trawlers Garland and Jeff, Inc.. (Snukals, William) |
| Filing 25 Notice of Appearance filed by Charles D. Case on behalf of Capt. Gaston LLC, Hobo Seafood, Inc., Lady Samaira Inc., Trawler Capt. Alfred, Inc., Trawler Christina Ann, Inc., Trawlers Garland and Jeff, Inc.. (Case, Charles) |
| Filing 24 Financial Disclosure Statement by Trawler Christina Ann, Inc. (Weeks, Stevenson) |
| Filing 23 Financial Disclosure Statement by Capt. Gaston LLC (Weeks, Stevenson) |
| Filing 22 Financial Disclosure Statement by Trawler Capt. Alfred, Inc. (Weeks, Stevenson) |
| Filing 21 Financial Disclosure Statement by Trawlers Garland and Jeff, Inc. (Weeks, Stevenson) |
| Filing 20 Financial Disclosure Statement by Hobo Seafood, Inc. (Weeks, Stevenson) |
| Filing 19 Financial Disclosure Statement by Lady Samaira Inc. (Weeks, Stevenson) |
| Filing 18 Notice of Appearance filed by Stevenson L. Weeks on behalf of Capt. Gaston LLC, Hobo Seafood, Inc., Lady Samaira Inc., Trawler Capt. Alfred, Inc., Trawler Christina Ann, Inc., Trawlers Garland and Jeff, Inc.. (Weeks, Stevenson) |
| Filing 17 Financial Disclosure Statement by Esther Joy, Inc. identifying Corporate Parent Daniels Trawlers, Inc. for Esther Joy, Inc.. (Ventker, David) |
| Filing 16 Notice of Appearance filed by Marissa M. Henderson on behalf of Esther Joy, Inc.. (Henderson, Marissa) |
| Filing 15 Notice of Appearance filed by David N. Ventker on behalf of Esther Joy, Inc.. (Ventker, David) |
| Filing 14 Notice of Appearance filed by Marc D. Bernstein on behalf of North Carolina Department of Environmental Quality, Division of Marine Fisheries. (Bernstein, Marc) |
| Filing 13 Financial Disclosure Statement by North Carolina Department of Environmental Quality, Division of Marine Fisheries (Conklin, Scott) |
| Filing 12 Notice of Appearance filed by Scott A. Conklin on behalf of North Carolina Department of Environmental Quality, Division of Marine Fisheries. (Conklin, Scott) |
| Notice to Counsel regarding: #11 Notice of Appearance. The attorney information in the signature block does not match the information the court has in its CM/ECF database. Counsel is directed to update contact information in CM/ECF by choosing "Utilities" and selecting "Maintain Your Account." Contact the clerk's office if additional assistance is required. (Collins, S.) |
| Filing 11 Notice of Appearance filed by Shannon Marie Arata on behalf of All Plaintiffs. (Arata, Shannon) |
| Filing 10 Notice of Appearance filed by James L. Conner, II on behalf of All Plaintiffs. (Conner, James) |
| Filing 9 Financial Disclosure Statement by Captain Seth Vernon (Conner, James) |
| Filing 8 Financial Disclosure Statement by David Anthony Sammons (Conner, James) |
| Filing 7 Financial Disclosure Statement by Dwayne Bevell (Conner, James) |
| Filing 6 Financial Disclosure Statement by Captain Richard Andrews (Conner, James) |
| Filing 5 Financial Disclosure Statement by Joseph William Albea (Conner, James) |
| Filing 4 Summons Issued as to Capt. Gaston LLC, Esther Joy, Inc., Hobo Seafood, Inc., Lady Samaira Inc., North Carolina Department of Environmental Quality, Division of Marine Fisheries, Trawler Capt. Alfred, Inc., Trawler Christina Ann, Inc., Trawlers Garland and Jeff, Inc. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Collins, S.) |
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| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Collins, S.) |
| Notice to Counsel. This case should have been filed in the Eastern Division. The clerk will issue an order redesignating this case. (Collins, S.) |
| Case transferred in from Southern Division on 08/06/2020. Case Number 7:20-cv-141-FL. (Collins, S.) |
| Notice to Counsel - Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Collins, S.) |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Joseph William Albea, Captain Richard Andrews, Dwayne Bevell, David Anthony Sammons, Captain Seth Vernon. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Collins, S.) |
| Filing 2 Financial Disclosure Statement by North Carolina Coastal Fisheries Reform Group. (Conner, James) Modified on 8/5/2020 to revise docket text. (Collins, S.) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0417-5552156.), filed by Dwayne Bevell, David Anthony Sammons, Joseph William Albea, North Carolina Coastal Fisheries Reform Group, Captain Seth Vernon, Captain Richard Andrews. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons Capt. Gaston, #3 Proposed Summons Esther Joy, #4 Proposed Summons Hobo Seafood, #5 Proposed Summons Lady Samaira, #6 Proposed Summons Capt. Alfred, #7 Proposed Summons Trawler Christina Ann, #8 Proposed Summons Trawlers Garland & Jeff, #9 Proposed Summons NCDMF) (Conner, James) |
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