Klamath Tribes v. United States Bureau of Reclamation
| Klamath Tribes |
| United States Bureau of Reclamation |
| Klamath Water Users Association |
| Pacific Coast Federation of Fishermens Associations and Institute for Fisheries Resources |
| Klamath Irrigation District |
| 1:2021cv00556 |
| April 13, 2021 |
| US District Court for the District of Oregon |
| Mark D Clarke |
| Environmental Matters |
| 16 U.S.C. § 1538 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 7, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 55
Scheduling Order by Magistrate Judge Mark D. Clarke regarding Certificate of Service #54 .U.S. Bureau of Reclamation Answer is due by 6/21/2021. Ordered by Magistrate Judge Mark D. Clarke. (jkm)
|
|
Filing 54
Certificate of Service by Klamath Tribes of Summons and Complaint Upon U.S. Bureau of Reclamation Filed by Klamath Tribes. (Weiner, Jay)
|
|
Filing 53
ORDER: Denying Motion for a Temporary Restraining Order #2 ; Denying Motion for a Preliminary Injunction #7 . Signed on 5/6/2021 by Judge Michael J. McShane. (plb)
|
|
Filing 52
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #49 . Pattie A. Goldman on behalf of Amici Curiae Pacific Coast Federation of Fishermen's Associations and Institute for Fisheries Resources. Ordered by Magistrate Judge Mark D. Clarke. (jkm)
|
|
Filing 51
Notice of Correction by Clerk. A Clerical error has been discovered in the case record: The incorrect PDF was attached to motion #49 to appear pro hac vice. The following corrections were made to the record: The original filing was submitted on an outdated form and has been replaced with the current form.The Notice of Electronic Filing will be regenerated to all parties. (cw)
|
|
Filing 49
Unopposed Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Patti A. Goldman. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8064663. Filed by Institute for Fisheries Resources, Pacific Coast Federation of Fishermens Associations. (Attachments: #1 Attachment Certificate of Good Standing) (Goldman, Patti) (Main Document 49 replaced on 5/3/2021) (cw).
|
|
Filing 48
Supplemental Brief in Opposition to Motions for Temporary Restraining Order and Preliminary Injunction. Filed by United States Bureau of Reclamation. (Related document(s): Motion for Temporary Restraining Order #2 , Motion for Preliminary Injunction #7 .) (Attachments: #1 Exhibit Stipulation to Stay Litigation, Yurok Tribe v. U.S. Bureau of Recl., et al., Civ. No. 3:19-cv-04405-WHO (N.D. Cal.)) (Williams, Robert)
|
|
Filing 47
Supplemental Brief ISO Motions for Temporary Restraining Order and Preliminary Injunction. Filed by Klamath Tribes. (Related document(s): Motion for Temporary Restraining Order #2 , Motion for Preliminary Injunction #7 .) (Weiner, Jay)
|
|
Filing 46
ORDER: Granting Motion to Appear as Amicus Curiae #33 . Ordered by Judge Michael J. McShane. (cp)
|
|
Filing 45
Scheduling Order by Judge Michael J. McShane: The Court requests Supplemental Briefing as follows: In a maximum of five pages, the Court would like the Bureau and the Tribes to address the Bureau's obligation to consult with the Services when it could not simultaneously stay within the boundaries of the Terms and Conditions of the 2019 NMFS BiOp and the 2020 USFWS BiOp. What does the obligation to consult with the Services require of the Bureau? Did the Bureau meet these obligations? Did the Bureau have an obligation to reinitiate formal consultation? Is the Bureau engaged in ongoing formal consultation with the Services? If the Court were to find that the Bureau did not meet their obligations to consult with the Services, how much time would the consultation process take? Supplemental briefing should be filed by noon Thursday, April 29, 2021. Ordered by Judge Michael J. McShane. (cp)
|
|
Filing 44
MINUTES of Proceedings: Motion Hearing Held regarding Motion for Temporary Restraining Order #2 and Motion for Preliminary Injunction #7 . Motion to Intervene #29 is granted. The Court finds it has jurisdiction under Section 9 of the Endangered Species Act. Jay D. Weiner present as counsel for plaintiff. Robert P. Williams and Thomas K. Snodgrass present as counsel for defendant. Paul Simmons, Nathan Reitmann and Christopher A. Lisieski present for intervenors. Court Reporter: Kellie Humiston. Judge Michael J. McShane presiding. (cp)
|
|
Filing 43
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #22 . John P. Kinsey on behalf of Intervenor, Klamath Irrigation District. Ordered by Magistrate Judge Mark D. Clarke. (jkm)
|
|
Filing 42
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #21 . Christopher A. Lisieski on behalf of Intervenor, Klamath Irrigation District. Ordered by Magistrate Judge Mark D. Clarke. (jkm)
|
|
Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Christopher A. Lisieski. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8055429 #21 : Reviewed and Ready for Ruling. (jkm)
|
|
Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney John P. Kinsey. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8055438 #22 : Reviewed and Ready for Ruling. (jkm)
|
|
Filing 41
Notice of Appearance of Karl G. Anuta appearing on behalf of Institute for Fisheries Resources, Pacific Coast Federation of Fishermens Associations Filed by on behalf of Institute for Fisheries Resources, Pacific Coast Federation of Fishermens Associations. (Anuta, Karl)
|
|
Filing 40
Certificate of Service by Klamath Water Users Association of Response to Motion #36 , Response in Opposition to Motion #35 Filed by Klamath Water Users Association. (Simmons, Paul)
|
|
Filing 39
Declaration of Paul Simmons in support of KWUA Opposition to motion for TRO and preliminary injunction. Filed by Klamath Water Users Association. (Related document(s): Response in Opposition to Motion #35 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J) (Simmons, Paul)
|
|
Filing 38
Declaration of Brad Kirby in support of KWUA Opposition to motion for TRO and preliminary injunction. Filed by Klamath Water Users Association. (Related document(s): Response in Opposition to Motion #35 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Simmons, Paul)
|
|
Filing 37
Declaration of Mark Johnson in support of KWUA Opposition to motion for TRO and preliminary injunction. Filed by Klamath Water Users Association. (Related document(s): Response in Opposition to Motion #35 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Simmons, Paul)
|
|
Filing 36
Response Objections to Evidence to Motion for Temporary Restraining Order #2 , Motion for Preliminary Injunction #7 . Filed by Klamath Water Users Association. (Simmons, Paul)
|
|
Filing 35
Response in Opposition to Motion for Temporary Restraining Order #2 , Motion for Preliminary Injunction #7 . Filed by Klamath Water Users Association. (Simmons, Paul)
|
|
Filing 34
Declaration of Marrianne Galli (Certificate of Service). Filed by Klamath Tribes. (Related document(s): Request for Judicial Notice,, #24 .) (Weiner, Jay)
|
|
Filing 33
Motion to Appear as Amicus Curiae . Filed by Pacific Coast Federation of Fishermens Associations, Institute for Fisheries Resources. (Attachments: #1 Proposed Document Amicus Brief, #2 Attachment Declaration of Michael Belchik in Support of Amicus Brief, #3 Attachment Declaration of Thomas Hardy in Support of Amicus Brief, #4 Attachment Declaration of Dave Hillemeier in Support of Amicus Brief, #5 Attachment Declaration of Glen H. Spain in Support of Amicus Brief) (Anuta, Karl)
|
|
Filing 32
Declaration of Veronica Kearney (Certificate of Service). Filed by Klamath Irrigation District. (Related document(s): Memorandum in Opposition #28 .) (Lisieski, Christopher)
|
|
Filing 31
Declaration of Gene Souza in Support of Partial Opposition to Klamath Tribe's Motion for Temporary Restraining Order. Filed by Klamath Irrigation District. (Related document(s): Memorandum in Opposition #28 .) (Attachments: #1 Exhibit A) (Lisieski, Christopher)
|
|
Filing 30
Declaration of Nathan R. Reitmann in Support of Motion to Intervene and Partial Opposition to Klamath Tribe's Motion for Temporary Restraining Order. Filed by Klamath Irrigation District. (Related document(s): Memorandum in Opposition #28 .) (Attachments: #1 Exhibit A (Part 1 of 2), #2 Exhibit A (Part 2 of 2), #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (Lisieski, Christopher)
|
|
Filing 29
Motion to Intervene . Oral Argument requested.Expedited Hearing requested. Filed by Klamath Irrigation District. (Lisieski, Christopher)
|
|
Filing 28
Memorandum in Opposition (Partial) to Motion for Temporary Restraining Order #2 ORAL ARGUMENT requested. Filed by Klamath Irrigation District. (Lisieski, Christopher)
|
|
Filing 27
Notice of Appearance of Nathan R. Reitmann on behalf of Klamath Irrigation District Filed by Klamath Irrigation District. (Lisieski, Christopher)
|
|
Filing 26
Notice of Appearance of Paul S. Simmons appearing on behalf of Klamath Water Users Association Filed by on behalf of Klamath Water Users Association. (Simmons, Paul)
|
|
Filing 25
Response in Opposition to Motion for Temporary Restraining Order #2 , Motion for Preliminary Injunction #7 . Filed by United States Bureau of Reclamation. (Attachments: #1 Exhibit 4/22/2021 email from Cordalis to Williams) (Williams, Robert)
|
|
Filing 24
Stipulated Request for Judicial Notice of Documents Regarding Motions for Temporary Restraining Order and Preliminary Injunction Motion for Temporary Restraining Order #2 , Motion for Preliminary Injunction #7 . Filed by Klamath Tribes. (Attachments: #1 Exhibit Exh. 1, #2 Exhibit Exh. 2, #3 Exhibit Exh. 3, #4 Exhibit Exh. 4, #5 Exhibit Exh. 5, #6 Exhibit Exh. 6, #7 Exhibit Exh. 7, #8 Exhibit Exh. 8, #9 Exhibit Exh. 9, #10 Exhibit Exh. 10, #11 Exhibit Exh. 11, #12 Exhibit Exh. 12, #13 Exhibit Exh. 13, #14 Exhibit Exh. 14, #15 Exhibit Exh. 15, #16 Exhibit Exh. 16, #17 Exhibit Exh. 17, #18 Exhibit Exh. 18, #19 Exhibit Exh. 19) (Weiner, Jay)
|
|
Filing 23
Declaration of Alex Gonyaw ISO Motions for Temporary Restraining Order and Preliminary Injunction. Filed by Klamath Tribes. (Related document(s): Order on motion for Leave 20 .) (Weiner, Jay)
|
|
Filing 22
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney John P. Kinsey. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8055438. Filed by Klamath Irrigation District. (Lisieski, Christopher)
|
|
Filing 21
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Christopher A. Lisieski. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8055429. Filed by Klamath Irrigation District. (Lisieski, Christopher)
|
|
Filing 20
ORDER: Granting Motion for Leave to File Supplemental Declaration 17 . Ordered by Judge Michael J. McShane. (cp)
|
|
Filing 18
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #15 . Ordered by Magistrate Judge Mark D. Clarke. (rsm)
|
|
Filing 19
ORDER: Granting Klamath Water Users Association's Motion to Intervene #13 . Signed on 04/22/2021 by Magistrate Judge Mark D. Clarke. (rsm)
|
|
Filing 16
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #14 admission requested by attorney Brittany K Johnson. Filing fee in the amount of $300 collected. Ordered by Judge Michael J. McShane. (cp)
|
|
Filing 15
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Daniel F. McCarl. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8053498. Filed by Klamath Water Users Association. (McCarl, Daniel)
|
|
Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Daniel F. McCarl. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8053498 #15 : Reviewed and Ready for Ruling. (ecp)
|
|
Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Brittany K Johnson. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8050232 #14 : Reviewed and Ready for Ruling. (ecp)
|
|
Filing 14
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Brittany K Johnson. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8050232. Filed by Klamath Water Users Association. (Johnson, Brittany)
|
|
Filing 13
Motion to Intervene . Filed by Klamath Water Users Association. (Attachments: #1 Attachment 1, #2 Attachment DuVal Declaration, #3 Proposed Order, #4 Certificate of Service) (Deitchman, Richard)
|
|
Filing 12
Scheduling Order by Judge Michael J. McShane: Oral Argument regarding Motion for Temporary Restraining Order #2 and Motion for Preliminary Injunction #7 is set for 4/26/2021 at 09:00AM in Eugene by video conference before Judge Michael J. McShane. Defendant's Response is due by 4/23/2021. Ordered by Judge Michael J. McShane. (cp)
|
|
Filing 11
Summons Issued Electronically as to United States Bureau of Reclamation. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (rsm)
|
|
Filing 10
Amended Proposed Summons Filed by Klamath Tribes. (Weiner, Jay)
|
|
Filing 9
Scheduling Order by Magistrate Judge Mark D. Clarke. Consent to Jurisdiction by a Magistrate Judge, if any, is to be filed by 8/12/2021. Dispositive Motions are due by 9/13/2021. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
|
|
Filing 8
Notice of Case Assignment to Magistrate Judge Mark D. Clarke and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 8/12/2021. Joint Alternate Dispute Resolution Report is due by 9/13/2021. Pretrial Order is due by 9/13/2021. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
|
|
Filing 7
Motion for Preliminary Injunction . Oral Argument requested. Filed by Klamath Tribes. (Weiner, Jay)
|
|
Filing 6
Declaration of Mark Buettner . Filed by Klamath Tribes. (Related document(s): Motion for Temporary Restraining Order #2 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Weiner, Jay)
|
|
Filing 5
Declaration of Donald C. Gentry . Filed by Klamath Tribes. (Related document(s): Motion for Temporary Restraining Order #2 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Weiner, Jay)
|
|
Filing 4
Declaration of Jay D. Weiner . Filed by Klamath Tribes. (Related document(s): Motion for Temporary Restraining Order #2 .) (Attachments: #1 Exhibit 1) (Weiner, Jay)
|
|
Filing 3
Request for Judicial Notice Motion for Temporary Restraining Order #2 . Filed by Klamath Tribes. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Weiner, Jay)
|
|
Filing 2
Motion for Temporary Restraining Order . Oral Argument requested.Expedited Hearing requested. Filed by Klamath Tribes. (Attachments: #1 Proposed Order) (Weiner, Jay)
|
|
Filing 1
Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-8037623 Jury Trial Requested: No. Filed by Klamath Tribes against United States Bureau of Reclamation (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons). (Weiner, Jay)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Oregon District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
