Orr v. U.S. EPA et al
| William Orr |
| 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 |
| 1:2021cv00149 |
| June 7, 2021 |
| US District Court for the Western District of North Carolina |
| Max O Cogburn |
| W Carleton Metcalf |
| Environmental Matters |
| 16 U.S.C. § 1538 |
| None |
Docket Report
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This docket was last retrieved on November 21, 2022. A more recent docket listing may be available from PACER.
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Filing 28
Summons Reissued Electronically to Pro Se Plaintiff for service as to French Broad Electric Membership Corporation, Jeff Loven. NOTICE: Plaintiff shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4. (kby)
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Filing 27
SUMMONS Returned Executed by William Orr. Gina M. Raimondo (Secretary of Commerce) served on 7/12/2021. Honorable Vicki Christiansen served on 7/12/2021. NOTE: Secretary of Commerce is not a named defendant. U.S. Forest Service has been terminated from this action. Therefore, answer deadlines not set as to these two entities. (Attachments: #1 Envelope) (rhf) Modified docket text to add note on 8/3/2021. NEF regenerated. (maf)
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Filing 26
SUMMONS Returned Executed by William Orr. French Broad Electric Membership Corporation served on 7/9/2021; Jeff Loven served on 7/8/2021. (Attachments: #1 Envelope) (rhf) Modified docket text on 8/2/2021 to remove answer deadlines. Defendants previously filed a Motion to Dismiss. NEF Regenerated. (maf)
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Filing 25
SUMMONS Returned Executed by William Orr. U.S. Department of Interior, U.S. EPA, U.S. Fish and Wildlife Service, and U.S. Forest Service served on 7/9/2021, answer due 9/7/2021. (Attachments: #1 Envelope) (rhf)
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Filing 24
ROSEBORO ORDER Setting Response Deadline: Plaintiff shall respond to the pending #22 MOTION to Dismiss within 14 days of service of this Order. Failure to file a timely response will likely lead to the dismissal of this lawsuit. Signed by District Judge Max O. Cogburn, Jr. on 7/30/2021. (kby)
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Filing 23
MEMORANDUM in Support re #22 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Insufficient Service of Process by French Broad Electric Membership Corporation, Jeff Loven. (Attachments: #1 Affidavit, #2 Affidavit)(Stokes, Jamie)
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Filing 22
MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Insufficient Service of Process by French Broad Electric Membership Corporation, Jeff Loven. Responses due by 8/12/2021 (Stokes, Jamie)
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Filing 21
ORDER re: Plaintiff's #4 Motion for Leave to File Electronically. The Court will direct the Clerk of Court to allow the Plaintiff in this matter to submit pleadings electronically to a designated e-mail address for filing in the Court's CM/ECF system. The permission to submit filings as explained further pertains to the above referenced case only. Signed by District Judge Max O. Cogburn, Jr. on 7/26/2021. (kby)
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Filing 20
ORDER re: Plaintiff's #18 Motion to Extend Briefing on Preliminary Injunction. The Court notes that this motion for an extension was filed in case number 1:19-cv-00226. However, there is no ongoing Motion for a Preliminary Injunction in that case. Therefore, the extension ought to have been filed in case number 1:21-cv-00149. As such, the Court orders the Clerk's Office to remove the Motion to Extend (Doc. No. 66) from case number 1:19-cv-00226 and to place the Motion to Extend in case number 1:21-cv-00149 as Doc. No. 18. As such, the Court further orders the Clerk's Office to un-docket the Order granting the Motion to Extend (Doc. No. 67) from case number 1:19-cv-00226. Plaintiff's #18 motion is GRANTED. The deadline for Plaintiff to file his initial preliminary injunction brief is August 23, 2021. Signed by District Judge Max O. Cogburn, Jr. on 7/26/2021. (kby)
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Filing 19
NOTICE of Appearance by Jamie Allen Stokes on behalf of French Broad Electric Membership Corporation, Jeff Loven (Stokes, Jamie)
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Filing 18
MOTION to Extend the Filing of Plaintiff's Preliminary Injunction Briefing by William Orr (kby). Modified to place back in case number 1:21cv149 at the instruction of Chambers on 7/26/2021 (kby).
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Filing 17
Disregard docket entry. Entered in error by Clerk. Modified on 7/22/2021 (hms).
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Filing 16
NOTICE of Mailing of Summons and Complaint by process server on defendants Jeff Loven; U.S. Fish and Wildlife Service; U.S. EPA; U.S. Department of Interior; U.S. Forest Service, on 7/6/2021. (Attachments: #1 Summons and Complaint mailed on 7/6/2021 to non case participants) (hms) Modified text and terminated answer deadlines on 7/14/2021 "No proof of service provided."(hms). NEF regenerated.
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Filing 15
Summons Issued Electronically as to 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. (ejb)
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Filing 14
FILING OF SUPPLEMENTAL DECLARATION re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by William Orr; and Request to Clerk to Issue Enclosed "Subpoenas" (Summonses). (Attachments: #1 6/18/21 Supplemental Declaration of William Orr, #2 Envelope) ***NOTE: Summonses issued and sent to Plaintiff via NEF (See document #13 )*** (rhf)
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Filing 13
Summons Issued Electronically as to U.S. EPA, U.S. Department of Interior, French Broad Electric Membership Corporation, U.S. Forest Service, Jeff Loven, U.S. Fish and Wildlife Service, and Honorable Gina M. Raimondo (Secretary of Commerce). NOTICE: Pro Se Plaintiff shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (rhf)
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TEXT ORDER: Plaintiff may file his preliminary injunction motion(s) and evidence on or before 7/19/2021. Any response by defendants may be filed on or before 7/26/2021. The Court will set a hearing on Plaintiff's motion for preliminary injunction in due course. So Ordered by District Judge Max O. Cogburn, Jr. on 6/25/2021. (maf)
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Filing 12
ORDER that Plaintiff's #3 Motion for Temporary Restraining Order is DENIED and all claims against Defendant U.S. Forest Service are DISMISSED. This case will now proceed to preliminary injunction briefing and hearing. Signed by District Judge Max O. Cogburn, Jr. on 6/23/2021. (kby)
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Filing 11
REPLY to Federal Defendants' Response to Motion re: #3 MOTION for Temporary Restraining Order by William Orr. (ejb)
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Minute Entry: MOTION HEARING held before District Judge Max O. Cogburn, Jr. on 6/14/2021 re #3 Motion for Temporary Restraining Order. Motion taken under advisement, order to issue. Pro se plaintiff: William Orr. Defense attorney: Devon Lea Flanagan, Jonathan D. Letzring for Federal Defendants; Jamie Stokes for French Broad Electric; and defendant, Jeff Loven. Court reporter: Tracy Dunlap (828-771-7217). (maf)
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Filing 10
RESPONSE in Opposition 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 6/18/2021 (Flanagan, Devon)
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Filing 9
ORDER granting #7 Motion for Leave to Appear Remotely at 6/14/2021 hearing. The Court also orders the Clerk of Court to set up the courtroom to allow Defendants' counsel to participate by video conferencing. Signed by District Judge Max O. Cogburn, Jr. on 6/11/2021. (rhf) Modified text on 6/11/2021.
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Filing 8
NOTICE of Appearance by Jonathan D. Letzring on behalf of U.S. Department of Interior, U.S. EPA, U.S. Fish and Wildlife Service, U.S. Forest Service (Letzring, Jonathan)
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Filing 7
MOTION for Leave to Appear Remotely at 6/14/2021 hearing by U.S. Department of Interior, U.S. EPA, U.S. Fish and Wildlife Service, U.S. Forest Service. Responses due by 6/25/2021 (Flanagan, Devon). Motions referred to W. Carleton Metcalf.
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Filing 6
NOTICE of Appearance by Devon Lea Flanagan on behalf of U.S. Department of Interior, U.S. EPA, U.S. Fish and Wildlife Service, U.S. Forest Service (Flanagan, Devon)
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Filing Fee Received: $ 402, receipt number CHD065984 (tlj)
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Filing 5
ORDER Setting Hearing on Motion #3 MOTION for Temporary Restraining Order: Motion Hearing set for 6/14/2021 at 1:30 PM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before District Judge Max O. Cogburn Jr. Signed by District Judge Max O. Cogburn, Jr. on 6/10/2021. Clerk of Court is instructed to set aside thirty minutes for the hearing and to send notice to all parties.(ejb)
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Filing 4
MOTION for Leave to File Electronically by William Orr. (ejb) Modified text and converted entry to a motion on 6/7/2021. NEF Regenerated (ejb).
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Filing 3
Verified Emergency MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction by William Orr. (Attachments: #1 Proposed TRO and Notice of Preliminary Injunction Hearing and Summons) (ejb).
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Filing 2
Attachments to #1 Complaint by William Orr: (Main Document) Attachment 1. (Attachments: #1 Attachment 2, #2 Attachment 3 - part 1 of 3, #3 Attachment 3 - part 2 of 3, #4 Attachment 3 - part 3 of 3, #5 Attachment 4 - part 1 of 2, #6 Attachment 4 - part 2 of 2, #7 Attachment 5 - part 1 of 2, #8 Attachment 5 - part 2 of 2) (ejb)
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Filing 1
COMPLAINT against All Defendants (Filing fee $ 402 received and forwarded to Charlotte Office to receipt.), filed by William Orr. (ejb)
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