Orr v. U.S. EPA et al
Plaintiff: William Orr
Defendant: U.S. EPA, U.S. Fish and Wildlife Service, U.S. Department of Interior, French Broad Electric Membership Corporation, U.S. Forest Service and Jeff Loven
Case Number: 1:2019cv00226
Filed: July 19, 2019
Court: US District Court for the Western District of North Carolina
Presiding Judge: Max O Cogburn
Referring Judge: W Carleton Metcalf
Nature of Suit: Environmental Matters
Cause of Action: 16:1538
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 13, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 13, 2019 Filing 18 ANSWER to #1 Complaint,,,, by French Broad Electric Membership Corporation, Jeff Loven.(Stokes, Jamie)
September 13, 2019 Filing 17 MEMORANDUM in Support re #16 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Notice by French Broad Electric Membership Corporation, Jeff Loven. (Stokes, Jamie)
September 13, 2019 Filing 16 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Notice by French Broad Electric Membership Corporation, Jeff Loven. Responses due by 9/27/2019 (Stokes, Jamie)
August 26, 2019 Filing 15 SUMMONS Returned Executed by William Orr.: U.S. Department of Interior served on 8/1/2019, answer due 9/30/2019; U.S. EPA served on 8/1/2019, answer due 9/30/2019; U.S. Fish and Wildlife Service served on 8/1/2019, answer due 9/30/2019; U.S. Forest Service served on 8/1/2019, answer due 9/30/2019. Jeff Loven served 8/1/2019; answer due 9/13/2019 (pursuant to #14 Order); French Broad Electric Membership Corporation served 8/1/2019; answer due 9/30/2019. Jeff Loven served 8/1/2019; answer due 9/13/2019 (pursuant to #14 Order). (Attachments: #1 Return as to Andrew Wheeler, Administrator US EPA, #2 Return as to Secretary David Bernhardt, #3 Return as to Acting Director, Margaret Everson, #4 Retrun as to Director Thomas L. Tidwell, USDA Forest Service, #5 Service Return as to William P. Barr, U.S. Attorney General, #6 Return as to Andrew Murray, U.S. Attorney, #7 Return as to Jamie Stokes, #8 Return as to Jeff Loven, Personally & GM, #9 Envelope)(maf)
August 21, 2019 Opinion or Order Filing 14 ORDER granting #13 Motion for Extension of Time. The deadline for French Broad Electric Membership Corporation and Jeff Loven to respond to Plaintiff's Complaint is extended to 9/13/2019. Signed by Magistrate Judge W. Carleton Metcalf on 8/21/2019. (maf)
August 20, 2019 Filing 13 MOTION for Extension of Time to Answer re: #1 Complaint by French Broad Electric Membership Corporation, Jeff Loven. (Stokes, Jamie). Motions referred to W. Carleton Metcalf. Modified docket text on 8/21/2019. (maf)
August 6, 2019 Opinion or Order Filing 12 ORDER denying Pltf's #3 Motion for Temporary Restraining Order. Signed by District Judge Max O. Cogburn, Jr. on 8/06/2019. (Pro se litigant served via email.) (ejb)
July 25, 2019 Minute Entry: MOTION HEARING held before District Judge Max O. Cogburn, Jr. re: #3 MOTION for Temporary Restraining Order. Plaintiffs attorney: William Orr, pro se. Defendants attorneys: Gill Beck, Jonathan Letzring, Hubert Lee, Jamie Stokes. Court reporter: Tracy Dunlap 828-771-7217. (kby)
July 25, 2019 Filing 11 RESPONSE in Opposition re #3 MOTION for Temporary Restraining Order by French Broad Electric Membership Corporation, Jeff Loven. (Stokes, Jamie)
July 25, 2019 Filing 10 AFFIDAVIT re #3 MOTION for Temporary Restraining Order by French Broad Electric Membership Corporation, Jeff Loven (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Stokes, Jamie)
July 25, 2019 Filing 9 RESPONSE to Motion re #3 MOTION for Temporary Restraining Order by U.S. Department of Interior, U.S. EPA, U.S. Fish and Wildlife Service, U.S. Forest Service. Replies due by 8/1/2019 (Letzring, Jonathan)
July 23, 2019 Opinion or Order Filing 8 ORDER Setting Hearing on Motion #3 MOTION for Temporary Restraining Order : Motion Hearing set for 7/25/2019 02:00 PM in Courtroom 2, 100 Otis St, Asheville, NC 28801 before District Judge Max O. Cogburn Jr. Signed by District Judge Max O. Cogburn, Jr. on 7/23/2019. (Pro se litigant served via email.)(kby)
July 23, 2019 Clerk's Entry and Service of #Case Assignment Packet. NOTICE: Pro Se Plaintiff shall print this Case Assignment Packet and serve a copy along with the summons and other case opening documents. (Pro Se Pltf receiving Electronic Notification through CM/ECF of this docket entry pursuant to filing of (Doc. #4 ). (ejb)
July 23, 2019 Filing 7 Summons Issued Electronically as to French Broad Electric Membership Corporation and Jeff Loven. NOTICE: Pro Se Plaintiff shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (Pro Se Pltf receiving Electronic Notification through CM/ECF pursuant to filing of #4 Notice of Request for Electronic Notification through CM/ECF.) (ejb)
July 23, 2019 Filing 6 Summons Issued Electronically as to U.S. Department of Interior, U.S. EPA, U.S. Fish and Wildlife Service, U.S. Forest Service, US Attorney and US Attorney General. NOTICE: Pro Se Plaintiff shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4. (Pro Se Pltf receiving Electronic Notification through CM/ECF pursuant to filing of #4 Notice of Request for Electronic Notification through CM/ECF.) (ejb)
July 23, 2019 Filing 5 Notice of Withdrawal of document by William Orr ***Documents terminated: #2 MOTION (Sealed - Participants) to Proceed in forma pauperis filed by William Orr. (Attachments: #1 Envelope) $400 filing fee was received this date and forwarded to Charlotte to receipt. (reh) Modified text on 7/23/2019. NEF Regenerated. (ejb)
July 19, 2019 Filing 4 NOTICE of Request for Electronic Notification through CM/ECF by William Orr. (thh)
July 19, 2019 Filing 3 MOTION for Temporary Restraining Order by William Orr. Responses due by 8/2/2019 (Attachments: #1 Proposed Temporary Restraining Order and Notice of Preliminary Injunction Hearing and Summons)(thh)
July 19, 2019 Filing 2 MOTION (Sealed - Participants) to Proceed in forma pauperis by William Orr. (thh). Motions referred to W. Carleton Metcalf.
July 19, 2019 Filing 1 COMPLAINT against All Defendants (Filing fee $ 0- IFP Pending), filed by William Orr. (Attachments: #1 Attachment #1 French Broad Electric Membership Corporation-Right-of-Way 5-27-2017, #2 Attachment #2 French Broad Electric Membership Corporation-Right-of-Way 7-17-2019, #3 Attachment #3 Plaintiff's 5-26-17 Take Notice with Intent to Sue, #4 Attachment #4 Plaintiff's 4-30-18 EPA Comment/Take Notice, #5 Attachment #5 Plaintiff's 5-3-18 Supplemental Notice, #6 Attachment #6 Plaintiff's 7-5-19 EPA Comment/Take Notice, #7 Attachment #7 World Health Organization's Finding, #8 Attachment #8 6-1-2017 Bill Orr Declaration, #9 Attachment #9 2017 Charles Orr Declaration, #10 Attachment #10 2017 Yvonne Hegney Declaration, #11 Attachment #11 2017 Natalie Greene Declaration, #12 Attachment #12 2017 Keith Garland Declaration, #13 Attachment #13 2017 Marshall Walden Declaration, #14 Attachment #14 2017 William (Bill) Orr Declaration, #15 Attachment #15 Supplemental Declaration)(thh)

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Defendant: U.S. EPA
Represented By: Jonathan D. Letzring
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Defendant: U.S. Fish and Wildlife Service
Represented By: Jonathan D. Letzring
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Defendant: U.S. Department of Interior
Represented By: Jonathan D. Letzring
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Defendant: French Broad Electric Membership Corporation
Represented By: Jamie Allen Stokes
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Defendant: U.S. Forest Service
Represented By: Jonathan D. Letzring
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Defendant: Jeff Loven
Represented By: Jamie Allen Stokes
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Plaintiff: William Orr
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