State of Oklahoma et al v. McCarthy et al
Plaintiff: State of Oklahoma and Oklahoma Department of Environmental Quality
Defendant: U.S. Environmental Protection Agency and Gina McCarthy
Case Number: 4:2015cv00369
Filed: July 1, 2015
Court: US District Court for the Northern District of Oklahoma
Office: Tulsa Office
County: Oklahoma
Presiding Judge: Claire V Eagan
Referring Judge: Frank H McCarthy
Nature of Suit: Environmental Matters
Cause of Action: 42 U.S.C. § 7413
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 21, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 21, 2015 Filing 39 MANDATE from Circuit Court (Re: #38 Decision from Circuit Court, #30 Notice of Appeal to Circuit Court,, ) (sc, Dpty Clk)
September 21, 2015 Filing 38 DECISION from Circuit Court dismissing the Appeal (Re: #30 Notice of Appeal to Circuit Court,, ) (sc, Dpty Clk)
August 21, 2015 Filing 37 CLERK'S RECORD on Appeal Sent to Circuit Court (Re: #30 Notice of Appeal to Circuit Court,, ) (sdc, Dpty Clk)
August 14, 2015 Opinion or Order Filing 36 ORDER from Circuit Court Notice due that record is complete by 09/08/2015 (Re: #30 Notice of Appeal to Circuit Court,, ) (jln, Dpty Clk)
August 14, 2015 Filing 35 TRANSCRIPT ORDER FORM (Transcripts are not necessary or are already on file ) (Re: #30 Notice of Appeal to Circuit Court,, ) by Oklahoma Department of Environmental Quality, State of Oklahoma (Grossman, Andrew)
July 22, 2015 Opinion or Order Filing 34 ORDER by Judge Claire V Eagan ; denying #31 Motion for Preliminary Injunction (Re: #29 Judgment, Dismissing/Terminating Case,,,, #30 Notice of Appeal to Circuit Court,, ) (RGG, Chambers)
July 21, 2015 Filing 33 APPEAL NUMBER INFORMATION from Circuit Court assigning Case Number 15-5066 (#30) (Re: #30 Notice of Appeal to Circuit Court,, ) (jln, Dpty Clk)
July 21, 2015 Filing 32 PRELIMINARY RECORD Sent to Circuit Court (Re: #30 Notice of Appeal to Circuit Court,, ) (With attachments) (srt, Dpty Clk)
July 20, 2015 Filing 31 MOTION for Preliminary Injunction Pending Appeal by Oklahoma Department of Environmental Quality, State of Oklahoma (Grossman, Andrew)
July 20, 2015 Filing 30 NOTICE OF APPEAL to Circuit Court (paid $505 appeal fee; receipt number 1085-1479775) (Re: #28 Opinion and Order,, Ruling on Motion for Miscellaneous Relief, Ruling on Motion for Preliminary Injunction, Ruling on Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s),,,,, #29 Judgment, Dismissing/Terminating Case,,,, #9 Order, Setting/Resetting Deadline(s)/Hearing(s),, Ruling on Motion for Preliminary Injunction, Ruling on Motion for Miscellaneous Relief,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ) by Oklahoma Department of Environmental Quality, State of Oklahoma (Grossman, Andrew)
July 17, 2015 ***Civil Case Terminated (see document number #29 ) (srt, Dpty Clk)
July 17, 2015 Filing 29 JUDGMENT by Judge Claire V Eagan (JUDGMENT OF DISMISSAL), dismissing/terminating case (terminates case) (Re: #28 Opinion and Order,, Ruling on Motion for Miscellaneous Relief, Ruling on Motion for Preliminary Injunction, Ruling on Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s),,,,, ) (RGG, Chambers)
July 17, 2015 Opinion or Order Filing 28 OPINION AND ORDER by Judge Claire V Eagan dismissing this case for lack of subject matter jurisdiction ; finding as moot #22 Motion for Miscellaneous Relief; finding as moot #24 Motion for Preliminary Injunction; finding as moot #24 Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s) (Re: #2 Complaint ) (RGG, Chambers)
July 15, 2015 Filing 27 SUMMONS Returned Executed re: Gina McCarthy (Re: #2 Complaint ) by State of Oklahoma (Eubanks, Paul)
July 15, 2015 Filing 26 SUMMONS Returned Executed re: U.S. Environmental Protection Agency (Re: #2 Complaint ) by State of Oklahoma (Eubanks, Paul)
July 15, 2015 Filing 25 ATTORNEY APPEARANCE by Paul Clayton Eubanks on behalf of All Plaintiffs (Eubanks, Paul)
July 15, 2015 Filing 24 MOTION for Preliminary Injunction , MOTION to Accelerate/Extend/Reset Hearing(s)/Deadline(s) by Oklahoma Department of Environmental Quality, State of Oklahoma (With attachments) (Grossman, Andrew)
July 10, 2015 Filing 23 RESPONSE in Opposition to Motion (Re: #22 MOTION to amend briefing schedule ) by Gina McCarthy, U.S. Environmental Protection Agency ; (Heminger, Justin)
July 8, 2015 Filing 22 MOTION to amend briefing schedule (Re: #9 Order, Setting/Resetting Deadline(s)/Hearing(s),, Ruling on Motion for Preliminary Injunction, Ruling on Motion for Miscellaneous Relief,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ) by Oklahoma Department of Environmental Quality, State of Oklahoma (Wyrick, Patrick)
July 8, 2015 Filing 21 RESPONSE (Re: #9 Order, Setting/Resetting Deadline(s)/Hearing(s),, Ruling on Motion for Preliminary Injunction, Ruling on Motion for Miscellaneous Relief,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ) by Oklahoma Department of Environmental Quality, State of Oklahoma (Wyrick, Patrick)
July 7, 2015 Opinion or Order Filing 20 ORDER by Judge Claire V Eagan (re Atty Elizabeth Price Foley for plaintiffs) ; granting #12 Motion for Admission Pro Hac Vice (RGG, Chambers)
July 7, 2015 Filing 19 ATTORNEY APPEARANCE by Justin David Heminger on behalf of All Defendants (Heminger, Justin)
July 7, 2015 Opinion or Order Filing 18 ORDER by Judge Claire V Eagan (re Attys Mark W. DeLaquil, Lee A. Casey, Andrew M. Grossman, and David B. Rivkin, Jr. for plaintiffs) ; granting #10 Motion for Admission Pro Hac Vice; granting #11 Motion for Admission Pro Hac Vice; granting #13 Motion for Admission Pro Hac Vice; granting #14 Motion for Admission Pro Hac Vice (RGG, Chambers)
July 6, 2015 NOTICE of Docket Entry Modification; Error: incorrect file date; Correction: file date corrected (Re: #14 MOTION for Attorney(s) David B Rivkin Jr to be Admitted Pro Hac Vice , #13 MOTION for Attorney(s) Andrew M Grossman to be Admitted Pro Hac Vice , #11 MOTION for Attorney(s) Lee A Casey to be Admitted Pro Hac Vice , #12 MOTION for Attorney(s) Elizabeth Price Foley to be Admitted Pro Hac Vice , #10 MOTION for Attorney(s) Mark W DeLaquil to be Admitted Pro Hac Vice ) (jln, Dpty Clk)
July 3, 2015 Filing 17 NOTICE Notice of Compliance (Re: #9 Order, Setting/Resetting Deadline(s)/Hearing(s),, Ruling on Motion for Preliminary Injunction, Ruling on Motion for Miscellaneous Relief,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ) by State of Oklahoma (Wyrick, Patrick)
July 2, 2015 Filing 16 SUMMONS Issued by Court Clerk as to All Defendants (jln, Dpty Clk)
July 2, 2015 Filing 15 PRO HAC VICE FEES Paid for attorney(s) Andrew M Grossman, David B Rivkin, Jr, Elizabeth Price Foley, Lee A Casey, and Mark W DeLaquil in the amount of $375 (Re: #14 MOTION for Attorney(s) David B Rivkin Jr to be Admitted Pro Hac Vice , #13 MOTION for Attorney(s) Andrew M Grossman to be Admitted Pro Hac Vice , #11 MOTION for Attorney(s) Lee A Casey to be Admitted Pro Hac Vice , #12 MOTION for Attorney(s) Elizabeth Price Foley to be Admitted Pro Hac Vice , #10 MOTION for Attorney(s) Mark W DeLaquil to be Admitted Pro Hac Vice ) by Oklahoma Department of Environmental Quality, State of Oklahoma (jln, Dpty Clk)
July 2, 2015 Opinion or Order Filing 9 ORDER by Judge Claire V Eagan that, no later than July 16, 2015, plaintiffs are directed to file a brief not to exceed 25 pages on the issues of whether this Court has jurisdiction to hear a challenge to a proposed rule by the EPA and whether the judicial review provision of the Clean Air Act precludes this Court from exercising jurisdiction over plaintiffs' claims. Defendants' response is due no later than August 6, 2015, and plaintiffs' reply is due no later than August 20, 2015. Plaintiffs are directed to serve a copy of this Order on defendants no later than July 9, 2015, and plaintiffs shall promptly file notice that such service has been made. Plaintiffs' failure to comply with this requirement will result in a delay of the Court's ruling on the issue of subject matter jurisdiction. Plaintiffs' Motion for a Preliminary Injunction (Dkt. # 5), Plaintiffs' Motion to Expedite Briefing on Their Motion for a Preliminary Injunction (Dkt. # 7), and Plaintiffs' Motion for Leave to File Oversized Brief (Dkt. # 8) are moot. ; setting/resetting deadline(s)/hearing(s): ( Miscellaneous Deadline set for 7/16/2015); finding as moot #5 Motion for Preliminary Injunction; finding as moot #7 Motion for Miscellaneous Relief; finding as moot #8 Motion for Miscellaneous Relief (Re: #2 Complaint ) (RGG, Chambers)
July 1, 2015 Filing 14 MOTION for Attorney(s) David B Rivkin Jr to be Admitted Pro Hac Vice by Oklahoma Department of Environmental Quality, State of Oklahoma (jln, Dpty Clk) Modified on 7/6/2015 to correct file date (jln, Dpty Clk).
July 1, 2015 Filing 13 MOTION for Attorney(s) Andrew M Grossman to be Admitted Pro Hac Vice by Oklahoma Department of Environmental Quality, State of Oklahoma (jln, Dpty Clk) Modified on 7/6/2015 to correct file date (jln, Dpty Clk).
July 1, 2015 Filing 12 MOTION for Attorney(s) Elizabeth Price Foley to be Admitted Pro Hac Vice by Oklahoma Department of Environmental Quality, State of Oklahoma (jln, Dpty Clk) Modified on 7/6/2015 to correct file date (jln, Dpty Clk).
July 1, 2015 Filing 11 MOTION for Attorney(s) Lee A Casey to be Admitted Pro Hac Vice by Oklahoma Department of Environmental Quality, State of Oklahoma (jln, Dpty Clk) Modified on 7/6/2015 to correct file date (jln, Dpty Clk).
July 1, 2015 Filing 10 MOTION for Attorney(s) Mark W DeLaquil to be Admitted Pro Hac Vice by Oklahoma Department of Environmental Quality, State of Oklahoma (jln, Dpty Clk) Modified on 7/6/2015 to correct file date (jln, Dpty Clk).
July 1, 2015 Filing 8 MOTION to File Oversized Brief (Re: #5 MOTION for Preliminary Injunction ) by Oklahoma Departme of Environmental Quality, State of Oklahoma (Pruitt, Edward)
July 1, 2015 Filing 7 MOTION Expedite Briefing on Plaintiffs' Motion for Preliminary Injunction (Re: #5 MOTION for Preliminary Injunction ) by Oklahoma Departme of Environmental Quality, State of Oklahoma (Pruitt, Edward)
July 1, 2015 Filing 6 BRIEF in Support of Motion (Re: #5 MOTION for Preliminary Injunction ) by Oklahoma Departme of Environmental Quality, State of Oklahoma ; (With attachments) (Pruitt, Edward)
July 1, 2015 Filing 5 MOTION for Preliminary Injunction by Oklahoma Departme of Environmental Quality, State of Oklahoma (Pruitt, Edward)
July 1, 2015 Filing 4 ATTORNEY APPEARANCE by Patrick Robert Wyrick on behalf of Oklahoma Departme of Environmental Quality, State of Oklahoma (Wyrick, Patrick)
July 1, 2015 Filing 3 ATTORNEY APPEARANCE by Edward Scott Pruitt on behalf of Oklahoma Departme of Environmental Quality, State of Oklahoma (Pruitt, Edward)
July 1, 2015 Filing 2 COMPLAINT against Gina McCarthy, U.S. Environmental Protection Agency (paid $400 filing fee; receipt number 1085-1473049) by State of Oklahoma, Oklahoma Departme of Environmental Quality (Pruitt, Edward)
July 1, 2015 Filing 1 CIVIL COVER SHEET by Oklahoma Departme of Environmental Quality, State of Oklahoma (Pruitt, Edward)

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Defendant: U.S. Environmental Protection Agency
Represented By: Justin David Heminger
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Defendant: Gina McCarthy
Represented By: Justin David Heminger
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Plaintiff: State of Oklahoma
Represented By: David B Rivkin, Jr
Represented By: Mark W DeLaquil
Represented By: Paul Clayton Eubanks
Represented By: Andrew M Grossman
Represented By: Lee A Casey
Represented By: Patrick Robert Wyrick
Represented By: Edward Scott Pruitt
Represented By: Elizabeth Price Foley
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Plaintiff: Oklahoma Department of Environmental Quality
Represented By: David B Rivkin, Jr
Represented By: Mark W DeLaquil
Represented By: Paul Clayton Eubanks
Represented By: Andrew M Grossman
Represented By: Lee A Casey
Represented By: Patrick Robert Wyrick
Represented By: Edward Scott Pruitt
Represented By: Elizabeth Price Foley
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