Kathrens et al v. Zinke et al
| Cloud Foundation, American Wild Horse Campaign, Ginger Kathrens, Carol Walker and Animal Welfare Institute |
| Brian Steed, Jamie Connell, Jeff Rose and Ryan Zinke |
| 3:2018cv01691 |
| September 21, 2018 |
| US District Court for the District of Oregon |
| Michael W Mosman |
| Civil Rights: Other |
| 42 U.S.C. § 4332 |
| None |
Docket Report
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Filing 24
Order of Preliminary Injunction. Accordingly, the Court GRANTS Plaintiffs' Motion for a Preliminary Injunction with regard to their claim under the First Amendment and their claim under the APA that BLM' s failure to explain why it was not assessing the social acceptability of its procedures was arbitrary and capricious. As stated on the record, the Court DENIES Plaintiffs' Motion for a Preliminary Injunction with regard to Plaintiffs' additional claims under the APA. For these reasons, and those explained in greater detail on the record, it is hereby ORDERED that Defendants are preliminarily enjoined from undertaking the sterilization procedure at issue in this case until further order of this Court. Signed on 11/13/2018 by Judge Michael W. Mosman.(Regarding Motion for Preliminary Injunction #7 ). (ecp)
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| Filing 23 Objection(s) to #16 Proposed Form of Order or Judgment . Filed by All Defendants. (Attachments: #1 Proposed Order) (Poirier, Kaitlyn) |
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Filing 22
ORDER: DENYING Defendant's Motion for Stay #17 . Ordered by Judge Michael W. Mosman. (dls)
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| Filing 21 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 11/2/18 before Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/15/2018. Redaction Request due 11/29/2018. Redacted Transcript Deadline set for 12/10/2018. Release of Transcript Restriction set for 2/6/2019. (Shumway, Bonita) |
| Filing 20 Memorandum in Opposition to Motion for Stay of the Entry of Proposed Order, ECF No. 16 #17 . Filed by All Plaintiffs. (Lawton, William) |
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Filing 19
ORDER - Plaintiffs shall file a response to Defendants' Motion for Stay #17 by 11/9/2018. Ordered by Chief Judge Michael W. Mosman. (pg)
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| Filing 18 Transcript Designation and Order Form for the hearing held on November 2, 2018 before Judge Mosman. Court Reporter: Bonita Shumway. . Filed by All Defendants. (Poirier, Kaitlyn) |
| Filing 17 Motion for Stay of the Entry of Proposed Order, ECF No. 16. Filed by All Defendants. (Poirier, Kaitlyn) |
| Filing 16 Proposed Form of Order Submitted Regarding Plaintiffs' Motion for a Preliminary Injunction. Filed by All Plaintiffs. (Lawton, William) |
| Filing 15 MINUTES of Proceedings: For the reasons stated on the record, Plaintiff's Motion for Preliminary Injunction #7 is GRANTED. William Lawton present as counsel for plaintiff(s). Kaitlyn Poirier present as counsel for defendant(s).(Court Reporter Bonita Shumway.)Judge Michael W. Mosman presiding. (kms) |
| Filing 14 Reply to Motion for Preliminary Injunction #7 Oral Argument requested. Filed by All Plaintiffs. (Attachments: #1 Exhibit Exhibit List, #2 Exhibit Ex. W - Declaration of Meredith Hou, #3 Exhibit Ex. X - Supplemental Declaration of Hope McKalip, #4 Exhibit Ex. Y - Plaintiffs' Observation Request, #5 Exhibit Ex. Z - BLM Notification of Experiment Delay) (Lawton, William) |
| Filing 13 Response in Opposition to Motion for Preliminary Injunction #7 . Filed by All Defendants. (Attachments: #1 Exhibit A - Final Environmental Assessment for 2018 Study, #2 Exhibit B - Environmental Assessment for 2016 Proposed Study, #3 Exhibit C - Office of Inspector General Report, #4 Exhibit D - Decision Record for 2018 Study, #5 Exhibit E - Declaration of Robert Sharp, #6 Exhibit F - Oregon Wild Horse Corral Facility Visitor Policy, #7 Exhibit G - Affidavit of Meredith Hou, #8 Exhibit H - Draft Environmental Assessment for 2018 Study) (Poirier, Kaitlyn) |
| Filing 12 Notice of Appearance of Kaitlyn Poirier appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Poirier, Kaitlyn) |
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Filing 11
ORDER: Oral Argument is set for 11/2/2018 at 10:00AM in Portland Courtroom 16 before Judge Michael W. Mosman regarding the Motion for Preliminary Injunction. Plaintiff is to notify the Defendant's of this hearing. Ordered by Judge Michael W. Mosman. (kms)
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| Filing 10 Motion for Hearing regarding Motion for Preliminary Injunction #7 . Filed by All Plaintiffs. (Lawton, William) |
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Filing 9
ORDER: Granting Application for Special Admission Pro Hac Vice of William S. Eubanks, II for American Wild Horse Campaign, Animal Welfare Institute, Cloud Foundation Ginger Kathrens, and Carol Walker. Application Fee in amount of $300 collected. Receipt No. 0979-5577601 issued. Signed on 10/2/2018 by Judge Michael W. Mosman. (ecp)
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| Filing 8 Motion for Leave to Appear Pro Hac Vice for Attorney William S. Eubanks II . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5577601. Filed by All Plaintiffs. (Lawton, William) |
| Filing 7 Motion for Preliminary Injunction . Oral Argument requested. Filed by All Plaintiffs. (Attachments: #1 Index Exhibit List, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K, #13 Exhibit Exhibit L, #14 Exhibit Exhibit M, #15 Exhibit Exhibit N, #16 Exhibit Exhibit O, #17 Exhibit Exhibit P, #18 Exhibit Exhibit Q, #19 Exhibit Exhibit R, #20 Exhibit Exhibit S, #21 Exhibit Exhibit T, #22 Exhibit Exhibit U, #23 Exhibit Exhibit V) (Eubanks, William) |
| Filing 6 Summons Issued Electronically. 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. (sss) |
| Filing 5 Proposed Summons for Attorney General Sessions and U.S. Attorney Willaims (Attachments: #1 Summons) Filed by All Plaintiffs. (Eubanks, William) |
| Filing 4 Summons Issued Electronically as to All Defendants. 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. (Attachments: #1 issued summons Connell, #2 issued summons Steed, #3 issued summons Zinke) (ecp) |
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Filing 3
Notice of Case Assignment to Judge Michael W. Mosman 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 1/22/2019. Joint Alternate Dispute Resolution Report is due by 2/21/2019. Pretrial Order is due by 2/21/2019. Ordered by Judge Michael W. Mosman. (ecp)
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| Filing 2 Corporate Disclosure Statement . Filed by All Plaintiffs. (Lawton, William) |
| Filing 1 Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-5563351 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: No. Filed by American Wild Horse Campaign, Cloud Foundation, Animal Welfare Institute, Ginger Kathrens, Carol Walker against All Defendants (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons). (Lawton, William) |
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