Berkey International LLC v. Enviromental Protection Agency et al
| Berkey International LLC |
| United States Enviromental Protection Agency, Christine Tokarz, David Cobb and Michael Stanley Regan |
| 3:2024cv01106 |
| March 6, 2024 |
| US District Court for the District of Puerto Rico |
| Camille L Velez-Rive |
| Civil Rights: Other |
| 05 U.S.C. § 551 Administrative Procedure Act |
| Plaintiff |
Docket Report
This docket was last retrieved on April 30, 2024. A more recent docket listing may be available from PACER.
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| Filing 59 NOTICE of Objection to Plaintiff's Exhibits and Declarations in support of its Motion for Preliminary Injunction by All Defendants (Walters, Mark) |
| Filing 57 RESPONSE to Motion for Leave to File Notice of Lodging of Certified Index of the Adminsitrative Record Contents filed by All Defendants Re: 41 Order on Motion for Leave to File filed by All Defendants. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Howard, Shari) |
| Filing 58 Minute Entry for proceedings held before Judge Camille L. Velez-Rive: Case called for Preliminary Injunction Hearing on 4/23/2024. Present in Court on behalf of Plaintiff were Attys. Juan Jose Charana-Agudo and Warren Norred. On behalf of Defendants were USDOJ Attys. Shari M. Howard and Mark L. Walters. Also present: Atty. Adrienne Trivedi, from the EPA's Office of Enforcement and Compliance Assurance. Housekeeping matters discussed. Upon the Court's request, the EPA will upload on the docket the administrative record, which was received in a compact disk and a pen drive. Arguments heard as to Plaintiff's filings on the eve of the hearing, the need to hold a hearing on the preliminary injunction for being a matter of law, the handling of objections, among others. The Court inquired about the possibilities of a settlement and the parties indicated their willingness to engage in good faith negotiations today. A recess was granted, and the parties met to set a road map towards reaching an agreement through the EPA's administrative process. The Court recessed at 10:41 AM. Parties reconvened at 11:58 AM. Counsel Norred informed the parties agreed on a proposed briefing schedule for the preliminary injunction which includes the hearing being continued. The parties will also engage in negotiations at the administrative level to try to resolve the matter without further litigation. The Court ruled that the administrative process and agreed-upon briefing schedule will be held simultaneously to address Plaintiff's concerns not to delay the judicial proceedings. The following schedule was approved by the Court: EPA shall file its objections to the evidence and declarations no later than APRIL 30, 2024. Berkey International shall respond to the objections and offer any additional evidence on MAY 7, 2024. EPA shall reply no later than MAY 14, 2024. Further Preliminary Injunction Hearing is set for JUNE 7, 2024 at 1:30 PM in Hato Rey Courtroom 4 before Judge Camille L. Velez-Rive. (Court Reporter Tracy Binder.) (Hearing held in Hato Rey Courtroom 4.) (mld) |
| Filing 56 NOTICE of Appearance by Mark L. Walters on behalf of All Defendants. (ari) |
| Filing 55 AFFIDAVIT re #1 Complaint, 48 Order on Motion for Leave to File Supplementary Declaration of James "Jim" Shepherd by Berkey International LLC. (Norred, Warren) |
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| Filing 52 MEMORANDUM in Support Fifteen-page Reply in Support of Plaintiff's Motion for Preliminary Injunction filed by Berkey International LLC Re: #44 Response to Motion, filed by Michael Stanley Regan, David Cobb, United States Enviromental Protection Agency, Christine Tokarz, #1 Complaint, filed by Berkey International LLC filed by Berkey International LLC. (Norred, Warren) |
| Filing 51 MOTION for Leave to File Document Fifteen-page Reply in Support of Plaintiff's Motion for Preliminary Injunction filed by Warren Norred on behalf of Berkey International LLC Responses due by 5/6/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Norred, Warren) |
| Filing 50 MOTION for Leave to File Document Supplementary Declaration of James "Jim" Shepherd filed by Warren Norred on behalf of Berkey International LLC Responses due by 5/6/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Norred, Warren) |
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| Filing 47 ***FILED IN ERROR - Correct Motion filed in d.e. #51 *** MOTION for Leave to File Document Fifteen-page Reply in Support of Plaintiff's Motion for Preliminary Injunction filed by Warren Norred on behalf of Berkey International LLC Responses due by 5/6/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Norred, Warren) Modified to remove inadvertently placed restriction by counsel on 4/22/2024 (rim). Modified as per counsel's request on 4/22/2024 (rim). |
| Filing 46 ***FILED IN ERROR - Correct Motion filed in d.e. #50 *** MOTION for Leave to File Document Supplementary Declaration of James "Jim" Shepherd filed by Warren Norred on behalf of Berkey International LLC Responses due by 5/6/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Norred, Warren) Modified to remove inadvertently placed restriction by counsel on 4/22/2024 (rim). Modified as per counsel's request on 4/22/2024 (rim). |
| NOTICE of Docket Text Modification by Deputy Clerk re: #46 MOTION for Leave to File Document Supplementary Declaration of James "Jim" Shepherd, #47 MOTION for Leave to File Document Fifteen-page Reply in Support of Plaintiff's Motion for Preliminary Injunction. ***FILED IN ERROR - Correct Motions are Filed in docket entries 50 and 51 *** (rim) Modified typographical error on 4/22/2024 (rim). |
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| Filing 44 RESPONSE to Motion for Preliminary Injunction filed by David Cobb, United States Enviromental Protection Agency, Michael Stanley Regan, Christine Tokarz Re: #1 Complaint, filed by Berkey International LLC filed by David Cobb, United States Enviromental Protection Agency, Michael Stanley Regan, Christine Tokarz. (Attachments: #1 Exhibit)(Howard, Shari) |
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| Filing 42 MOTION for Leave to File Excess Pages filed by Shari M. Howard on behalf of David Cobb, United States Enviromental Protection Agency, Michael Stanley Regan, Christine Tokarz Responses due by 5/1/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit, #2 Exhibit)(Howard, Shari) |
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| Filing 40 MOTION for Leave to File Document filed by Shari M. Howard on behalf of David Cobb, United States Enviromental Protection Agency, Michael Stanley Regan, Christine Tokarz Responses due by 5/1/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Howard, Shari) |
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| Filing 38 MOTION to Amend/Correct the Schedule and Clarify Procedures for the Hearing on Plaintiff's Motion for Preliminary Injunction Re: 37 Order on Motion for Extension of Time to Answer,, filed by Shari M. Howard on behalf of All Parties Responses due by 4/26/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 37 ) (Howard, Shari) |
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| Filing 36 RESPONSE to Motion in Opposition of Extension filed by Berkey International LLC Re: 35 Order, #33 MOTION for Extension of Time to File Answer filed by Michael Stanley Regan, David Cobb, United States Enviromental Protection Agency, Christine Tokarz filed by Berkey International LLC. (Attachments: #1 Exhibit 1 - Memo. in Opposition to Injunctive Relief in '826, #2 Exhibit 2 - Communications re. Extension)(Norred, Warren) |
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| Filing 33 MOTION for Extension of Time to File Answer to #1 Motion for Preliminary Injunction and as to #1 Complaint, filed by Berkey International LLC filed by All Defendants Responses due by 4/8/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit May 2023 SSURO to Berkey International LLC, #2 Exhibit March 13, 2024 emails re: waiver of service)(Related document(s) #1 ) (Howard, Shari) Modified docket text title and event type on 3/25/2024 (rim). |
| Filing 32 MOTION for Leave to Appear filed by All Defendants Responses due by 4/8/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Howard, Shari) |
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| Filing 30 Motion In Compliance as to #12 Order on Motion for TRO, filed by Juan Jose Charana-Agudo on behalf of Berkey International LLC Responses due by 4/5/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1 - Receipt Sent Mail, #2 Exhibit 2 - Service Letter)(Related document(s) #12 ) (Charana-Agudo, Juan) |
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| Filing 28 MOTION Modify Order re. Injunction Hearing filed by Warren Norred on behalf of Berkey International LLC Responses due by 4/5/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Norred, Warren) |
| Filing 27 MOTION Testimony/Appearance via Zoom/Telephone/Other filed by Warren Norred on behalf of Berkey International LLC Responses due by 4/5/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Norred, Warren) |
| Filing 26 Summons Issued as to United States of America. Note: Counsel must print all summonses and follow the service requirements set forth by the Rules of Civil Procedure. Electronic issuance of summonses should not be construed as authorizing electronic service. (ad) |
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| Filing 24 MOTION for Issuance of Summons as to Berkey International LLC filed by Juan Jose Charana-Agudo on behalf of Berkey International LLC Responses due by 4/5/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Charana-Agudo, Juan) |
| Filing 23 NOTICE of Filing Exhibits re #1 Complaint, filed by Berkey International LLC (Charana-Agudo, Juan) |
| Filing 22 NOTICE of Filing Exhibits re #1 Complaint, filed by Berkey International LLC (Charana-Agudo, Juan) |
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| Filing 20 Emergency MOTION requesting Order for Service of Summons by U.S. Marshals due to a refusal to accept summons, MOTION for extension of time until 3/27/2024 to Serve Summons filed by Juan Jose Charana-Agudo on behalf of Berkey International LLC Responses due by 4/3/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1 - Summons Unable to be Served)(Charana-Agudo, Juan) |
| Filing 19 Summons Issued as to David Cobb, United States Enviromental Protection Agency, Michael Stanley Regan, Christine Tokarz. Note: Counsel must print all summonses and follow the service requirements set forth by the Rules of Civil Procedure. Electronic issuance of summonses should not be construed as authorizing electronic service. (ad) |
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| Filing 17 NOTICE of Filing Exhibits re #1 Complaint filed by Warren Norred on behalf of Berkey International LLC . (Norred, Warren) Modified on 3/15/2024 to correct docket text (ab). |
| Filing 16 NOTICE of Filing Exhibits re #1 Complaint filed by Warren Norred on behalf of Berkey International LLC. (Norred, Warren) Modified on 3/15/2024 to correct docket text (ab). |
| Filing 15 NOTICE of Filing Exhibits re #1 Complaint filed by Warren Norred on behalf of Berkey International LLC . (Norred, Warren) Modified on 3/15/2024 to correct docket text (ab). |
| Filing 14 NOTICE of Filing Exhibits re #1 Complaint filed by Warren Norred on behalf of Berkey International LLC . (Norred, Warren) Modified on 3/15/2024 to edit docket text (ab). |
| Filing 13 CERTIFICATE OF SERVICE by Berkey International LLC re #11 Ex Parte MOTION for Temporary Restraining Order (Norred, Warren) |
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| Filing 11 Ex Parte MOTION for Temporary Restraining Order filed by Warren Norred on behalf of Berkey International LLC Responses due by 3/26/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Proposed TRO)(Norred, Warren) |
| Filing 10 NOTICE of Appearance by Warren Norred on behalf of Berkey International LLC (Norred, Warren) |
| Filing 9 NOTICE TO PRO HAC VICE Warren V. Norred re: 8 Order on Motion to Appear PHV : The Court has granted your pro hac vice application. In order to start receiving notifications, you must file a notice of appearance using your upgraded PACER account. For more information, visit the following link: #https://www.prd.uscourts.gov/nextgen-cmecf-what-it-means-you. (ab) |
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| Filing 6 Motion to allow Warren Norred to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8582800) filed by Juan Jose Charana-Agudo on behalf of Berkey International LLC Responses due by 3/22/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Charana-Agudo, Juan) |
| Filing 5 NOTICE OF JUDGE ASSIGNMENT: Case has been assigned to Judge Camille L. Velez-Rive. (vrg) |
| NOTICE of Docket Text Modification by Deputy Clerk: #2 Motion to allow Warren Norred to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8582800) filed by Berkey International LLC.. ***FILED IN ERROR - Incorrect signature format for PHV and missing local Counsel's signature. Pro Hac Vice shall use handwritten signature when requesting leave to appear. To be re-filed*** (ab) |
| Filing 4 MOTION Submitting Category Sheet filed by Juan Jose Charana-Agudo on behalf of Berkey International LLC Responses due by 3/21/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Category Sheet)(Charana-Agudo, Juan) |
| Filing 3 NOTICE OF DEFECTIVE ELECTRONIC FILING as to 1 Berkey International LLC COMPLAINT, filed by Juan Jose Charana-Agudo, Esq. Re: Category Sheet not included electronically pursuant to L.Civ.R. 3(a).Notice of Compliance Deadline due by 3/8/2024. (ad) |
| Filing 2 ***FILED IN ERROR. Missing signatures*** Motion to allow Warren Norred to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8582800) filed by Juan Jose Charana-Agudo on behalf of Berkey International LLC Responses due by 3/20/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Charana-Agudo, Juan) Modified on 3/8/2024 (ab). |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $405 receipt number APRDC-8582784.), filed by Berkey International LLC. Service due by 6/4/2024, (Attachments: #1 Exhibit Memorandum of Law, #2 Exhibit A - Jim Shepherd Declaration, #3 Exhibit B - SpaarDeclaration, #4 Exhibit C - Relevant Law (Amended), #5 Civil Cover Sheet, #6 Exhibit COIP)(Charana-Agudo, Juan) |
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