Western Watersheds Project et al v. Bernhardt et al
Western Watersheds Project, WildEarth Guardians and Center For Biological Diversity |
Bureau of Land Management, David Bernhardt and Jeffrey Rose |
Harney County and Oregon Farm Bureau Federation |
2:2019cv00750 |
May 13, 2019 |
US District Court for the District of Oregon |
Michael H Simon |
Environmental Matters |
5 U.S.C. § 706 |
None |
Docket Report
This docket was last retrieved on December 20, 2019. A more recent docket listing may be available from PACER.
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Filing 72 Brief Plaintiffs' Response to Defendants' Supplemental Exhibits. Filed by All Plaintiffs. (Related document(s): Notice,, #64 .) (Becker, David) |
Filing 71 Supplemental Brief (Response re: Supplemental PI Exhibits & Summary of Arguments re: Alleged Irreparable Injury). Filed by All Defendants. (Related document(s): Response in Opposition to Motion, #39 .) (Odell, Stephen) |
Filing 70 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Preliminary Injunction - Day 2 held on 7/2/2019 before Judge Michael H. Simon, Court Reporter Ryan White, telephone number 503-326-8184 or ryan_white@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/16/2019. Redaction Request due 7/30/2019. Redacted Transcript Deadline set for 8/9/2019. Release of Transcript Restriction set for 10/7/2019. (White, Ryan) |
Filing 69 Supplement Plaintiffs' Supplemental Brief Regarding Exhibits Submitted on July 1, 2019. Filed by All Plaintiffs. (Related document(s): Notice, #63 .) (Becker, David) |
Filing 68 Brief re: Plaintiffs' Supplemental Preliminary Injunction Exhibits. Filed by All Defendants. (Related document(s): Response in Opposition to Motion, #39 .) (Odell, Stephen) |
Filing 67 Second Declaration of Matthew Obradovich (as Amended & Corrected). Filed by All Defendants. (Related document(s): Response in Opposition to Motion, #39 .) (Odell, Stephen) |
Filing 66 Clerks List of Witnesses. (mja) |
Filing 65 MINUTES OF CONTINUATION OF PRELIMINARY INJUNCTION HEARING: Witnesses sworn and evidence adduced. See clerk's list of witnesses. The parties' proposed case schedule is due by Tuesday, July 9, 2019. This matter will be taken under advisement on July 10, 2019. David H. Becker and Talasi B. Brooks present as counsel for Plaintiffs. Stephen J. Odell and Bradley Grenham present as counsel for Defendants. Court Reporter: Ryan White. Judge Michael H. Simon presiding. (mja) |
Filing 64 Notice re Response in Opposition to Motion, #39 Filed by All Defendants. (Related document(s): Response in Opposition to Motion, #39 .) (Attachments: #1 Exhibit 18, #2 Exhibit 19, #3 Errata 20, #4 Exhibit 21, #5 Exhibit 22, #6 Exhibit 23, #7 Exhibit 24, #8 Exhibit 25, #9 Exhibit 26, #10 Exhibit 27, #11 Exhibit 28, #12 Exhibit 29, #13 Exhibit 30, #14 Exhibit 31, #15 Exhibit 32, #16 Exhibit 34, #17 Exhibit 35, #18 Exhibit 36, #19 Exhibit 37, #20 Exhibit 38, #21 Exhibit 39, #22 Exhibit 40, #23 Exhibit 41, #24 Exhibit 42, #25 Exhibit 43, #26 Exhibit 44, #27 Exhibit 45) (Odell, Stephen) |
Filing 63 Notice re Motion for Temporary Restraining Order, #7 Supplemental Exhibits Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, #7 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (Becker, David) |
Filing 62 MINUTES OF PRELIMINARY INJUNCTION HEARING: Witnesses sworn and evidence adduced. ORDER - By stipulation of the parties, the TRO in this case is extended until Wednesday, July 17, 2019, at 5:00 p.m. ORDER - Setting a case schedule as follows: (1) The parties shall file any further exhibits by 10:00 a.m. on Monday, July 1, 2019; (2) the Preliminary Injunction Hearing is continued to Tuesday, July 2, 2019 at 2:00 p.m. in Portland, Courtroom 15B; (3) the parties' supplemental briefs regarding exhibits are limited to five pages and are due by Wednesday, July 3, 2019; and (4) responses are limited to five pages and are due by Wednesday, July 10, 2019. David H. Becker and Talasi B. Brooks present as counsel for Plaintiffs. Stephen J. Odell and Bradley Grenham present as counsel for Defendants. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (mja) |
Filing 61 Declaration of Tamzen K. Stringham, Ph.D. . Filed by All Defendants. (Related document(s): Response in Opposition to Motion, #39 .) (Attachments: #1 Attachment A, #2 Attachment B) (Odell, Stephen) |
Filing 60 Declaration of Dale A. McCullough . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, #7 .) (Becker, David) |
Filing 59 Second Declaration of Dr. J. Boone Kauffman . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, #7 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Becker, David) |
Filing 58 Third Declaration of Dr. Clait E. Braun . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, #7 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10) (Becker, David) |
Filing 57 Reply to Motion for Temporary Restraining Order and/or Preliminary Injunction #7 Oral Argument requested. Filed by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Becker, David) |
Filing 56 Amicus Brief in Opposition to Plantiffs' Motion for Preliminary Injunction. Filed by Harney County. (Carollo, Dominic) |
Filing 55 Amicus Brief in Opposition to Plaintiffs' Motion for Preliminary Injunction. Filed by Oregon Farm Bureau Federation. (Ellis, T.) |
Filing 54 Notice re Response in Opposition to Motion, #39 of Errata & Submission of Erroneously Omitted Exhibit Filed by All Defendants. (Related document(s): Response in Opposition to Motion, #39 .) (Attachments: #1 Exhibit 17) (Odell, Stephen) |
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Filing 52 MINUTES OF TELEPHONE CONFERENCE: ORDER - The Oregon Farm Bureau Federation and Harney County's Motions to Appear Amicus Curiae (ECF #45 & #47 ) are GRANTED. ORDER - Plaintiffs' Unopposed Motion to File Excess Pages (ECF #48 ) is GRANTED. ORDER - Setting a briefing schedule as follows: (1) The Government shall provide Plaintiffs with the names of additional expert witnesses and a reasonable summary of their anticipated testimony by 3:00 p.m. on Friday, June 21, 2019; (2) The Government shall file the declarations of any additional expert witnesses by noon on Tuesday, June 25, 2019; (3) the parties shall provide one another with a list of lay witnesses expected to testify at the Preliminary Injunction Hearing by noon on Monday, June 24, 2019; and (4) the parties shall disclose to one another any demonstrative exhibits to be used at the Preliminary Injunction Hearing by Wednesday, June 26, 2019, at 3:00 p.m. David H. Becker and Talasi B. Brooks present as counsel for Plaintiffs. Stephen J. Odell present as counsel for Defendants. Dominic M. Carollo present as counsel for Amicus Curiae Harney County. (Court Reporter Ryan White.) Judge Michael H. Simon presiding. (mja) |
Filing 51 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion Hearing held on June 4, 2019 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182 or dennis_apodaca@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 6/26/2019. Redaction Request due 7/10/2019. Redacted Transcript Deadline set for 7/22/2019. Release of Transcript Restriction set for 9/17/2019. (Apodaca, Dennis) |
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Filing 49 Response in Opposition to Motion to Appear as Amicus Curiae #47 . Filed by Center For Biological Diversity, Western Watersheds Project, WildEarth Guardians. (Becker, David) |
Filing 48 Unopposed Motion to File Excess Pages with Reply Brief, Contingent on the Court's Resolution of Oregon Farm Bureau's Motion for Leave to Appear as Amicus Curiae. Expedited Hearing requested. Filed by All Plaintiffs. (Becker, David) |
Filing 47 Motion to Appear as Amicus Curiae . Filed by Oregon Farm Bureau Federation. (Attachments: #1 Proposed Document Proposed Amicus Brief) (Ellis, T.) |
Filing 46 Declaration of Mark Owens . Filed by Harney County. (Related document(s): Motion to appear as amicus curiae #45 .) (Carollo, Dominic) |
Filing 45 Motion to Appear as Amicus Curiae . Filed by Harney County. (Attachments: #1 Proposed Document Proposed Amicus Brief) (Carollo, Dominic) |
Filing 44 Declaration of Ruth E. Danielsen . Filed by All Defendants. (Related document(s): Response in Opposition to Motion, #39 .) (Odell, Stephen) |
Filing 43 Declaration of Fred I. Otley . Filed by All Defendants. (Related document(s): Response in Opposition to Motion, #39 .) (Odell, Stephen) |
Filing 42 Declaration of Lindsay Davies . Filed by All Defendants. (Related document(s): Response in Opposition to Motion, #39 .) (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3, #4 Attachment 4, #5 Attachment 5, #6 Attachment 6, #7 Attachment 7, #8 Attachment 8, #9 Attachment 9, #10 Attachment 10, #11 Attachment 11, #12 Attachment 12, #13 Attachment 13, #14 Attachment 14, #15 Attachment 15) (Odell, Stephen) |
Filing 41 Second Declaration of Matthew Obradovich . Filed by All Defendants. (Related document(s): Response in Opposition to Motion, #39 .) (Odell, Stephen) |
Filing 40 Second Declaration of Jamie McCormack . Filed by All Defendants. (Related document(s): Response in Opposition to Motion, #39 .) (Odell, Stephen) |
Filing 39 Response in Opposition to Motion for Temporary Restraining Order and/or Preliminary Injunction #7 Oral Argument requested. Filed by All Defendants. (Attachments: #1 Exhibit 11, #2 Exhibit 12, #3 Exhibit 13, #4 Exhibit 14, #5 Exhibit 15, #6 Exhibit 16) (Odell, Stephen) |
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Filing 36 Notice re Motion for Temporary Restraining Order, #7 Supplemental Exhibit Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, #7 .) (Attachments: #1 Exhibit 2) (Becker, David) |
Filing 35 MINUTES OF ORAL ARGUMENT HEARING: Order - Plaintiffs' Motion for Temporary Restraining Order (ECF #7 ) is GRANTED for the reasons stated on the record. Opinion and Order to follow. Order - Setting a Preliminary Injunction Hearing for 6/28/2019 at 10:00AM in Portland, Courtroom 15B, before Judge Michael H. Simon. David H. Becker, Talasi B. Brooks, and Paul David Ruprecht present as counsel for Plaintiffs. Stephen J. Odell present as counsel for Defendants. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (mja) |
Filing 34 Notice re Response in Opposition to Motion, #21 of Submission of Supplemental Exhibits Filed by All Defendants. (Related document(s): Response in Opposition to Motion, #21 .) (Attachments: #1 Exhibit 4, #2 Exhibit 5, #3 Exhibit 6, #4 Exhibit 7, #5 Exhibit 8, #6 Exhibit 9, #7 Exhibit 10) (Odell, Stephen) |
Filing 33 Notice re Motion for Temporary Restraining Order, #7 Supplemental Exhibit Filed by Center For Biological Diversity, Western Watersheds Project, WildEarth Guardians. (Related document(s): Motion for Temporary Restraining Order, #7 .) (Attachments: #1 Exhibit 1) (Becker, David) |
Filing 32 Supplemental Reply to Motion for Temporary Restraining Order and/or Preliminary Injunction #7 . Filed by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Ruprecht, Paul) |
Filing 31 Declaration of Talasi B. Brooks . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, #7 .) (Becker, David) |
Filing 30 Declaration of Paul D. Ruprecht . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, #7 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Becker, David) |
Filing 29 Second Declaration of Dr. Clait E. Braun . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, #7 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Becker, David) |
Filing 28 Reply to Motion for Temporary Restraining Order and/or Preliminary Injunction #7 Oral Argument requested. Filed by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Becker, David) |
Filing 27 Notice re Response in Opposition to Motion #26 Filed by All Defendants. (Related document(s): Response in Opposition to Motion #26 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Odell, Stephen) |
Filing 26 Supplemental Response in Opposition to Motion for Temporary Restraining Order and/or Preliminary Injunction #7 Oral Argument requested. Filed by All Defendants. (Odell, Stephen) |
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Filing 24 Declaration of Steven Dwight Hammond . Filed by All Defendants. (Related document(s): Response in Opposition to Motion, #21 .) (Odell, Stephen) |
Filing 23 Declaration of Matthew Obradovich . Filed by All Defendants. (Related document(s): Response in Opposition to Motion, #21 .) (Odell, Stephen) |
Filing 22 Declaration of Jamie McCormack . Filed by All Defendants. (Related document(s): Response in Opposition to Motion, #21 .) (Odell, Stephen) |
Filing 21 Response in Opposition to Motion for Temporary Restraining Order and/or Preliminary Injunction #7 Oral Argument requested. Filed by All Defendants. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Odell, Stephen) |
Filing 20 Notice of Appearance of Stephen J. Odell appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Odell, Stephen) |
Filing 19 MINUTES OF TELEPHONE CONFERENCE: Order - Setting a briefing schedule as follows: (1) Defendants' response to Plaintiffs' motion for temporary restraining order (ECF #7 ) is due by 5:00 p.m. on May 28, 2019; (2) Plaintiffs' reply is due by 5:00 p.m. on May 30, 2019; (3) oral argument is set for June 4, 2019 at 1:00 p.m. in Portland, Courtroom 15B, before Judge Michael H. Simon; (4) Defendants' response to Plaintiffs' motion for preliminary injunction (ECF #7 ) is due by June 10, 2019; and (5) Plaintiffs' reply is due by June 24, 2019. The Court will set a preliminary injunction hearing at the oral argument hearing set for June 4, 2019. David H. Becker, Talasi B. Brooks, and Paul David Ruprecht present as counsel for plaintiff(s). Stephen J. Odell present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) |
Filing 18 MINUTES OF TELEPHONE CONFERENCE: Briefing schedule discussed as stated on the record. ORDER - Setting a further Telephone Conference for 5/22/2019 at 12:00 noon. The parties' are directed to use the same call-in number previously provided under seal. David H. Becker, Talasi B. Brooks, and Paul David Ruprecht present as counsel for Plaintiffs. Stephen J. Odell present as counsel for Defendants. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) |
Filing 17 Notification of CM/ECF Account for Talasi B. Brooks (Pro Hac Vice admission). Your login is: tbbrooks. Go to #the CM/ECF login page to set your password. (sss) |
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Filing 14 Affidavit of Service of Summons Issued, #6 upon All Defendants Filed by All Plaintiffs. (Becker, David) |
Filing 13 Declaration of Randi Spivak . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, #7 .) (Becker, David) |
Filing 12 Declaration of George Wuerthner . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, #7 .) (Becker, David) |
Filing 11 Declaration of Andy Kerr . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, #7 .) (Becker, David) |
Filing 10 Declaration of Steven Herman . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, #7 .) (Attachments: #1 Exhibit 1) (Becker, David) |
Filing 9 Declaration of Dr. J. Boone Kauffman . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, #7 .) (Attachments: #1 Attachment A, #2 Attachment B) (Becker, David) |
Filing 8 Declaration of Dr. Clait E. Braun . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order, #7 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Becker, David) |
Filing 7 Motion for Temporary Restraining Order and/or Preliminary Injunction. Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17) (Becker, David) |
Filing 6 Summons Issued Electronically as to David Bernhardt, Bureau of Land Management, Jeffrey Rose. 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. (ecp) |
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Filing 4 Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Patricia Sullivan to Judge Michael H. Simon. (eo) |
Filing 3 Motion for Leave to Appear Pro Hac Vice for Attorney Talasi B. Brooks . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5848521. Filed by All Plaintiffs. (Becker, David) |
Filing 2 Corporate Disclosure Statement . Filed by All Plaintiffs. (Becker, David) |
Filing 1 Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-5848413 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: No. Filed by Center For Biological Diversity, Western Watersheds Project, WildEarth Guardians against All Defendants (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons). (Becker, David) |
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