State of New Mexico, et al v. United States et al
Plaintiff: New Mexico Environment Department, Hector Balderas and State of New Mexico
Defendant: United States and United States Air Force
Interested Party: Tyco Fire Products LP and Chemguard Inc
Amicus Curiae: Senator Antoinette Lopez, Representative Andres Romero and Senator Mimi Stewart
Case Number: 2:2020cv02115
Filed: June 3, 2020
Court: US District Court for the District of South Carolina
Presiding Judge: Richard M Gergel
Nature of Suit: Environmental Matters
Cause of Action: 42 U.S.C. § 6901 Resource & Recovery Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 3, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 3, 2022 Filing 95 TEXT ORDER granting the motion to withdraw William James Quinn as attorney of record for the United States (Dkt. No. 2204 in case 2:18-mn-02873-RMG; (274) in case 2:18-cv-03358-RMG; (120) in case 2:18-cv-03435-RMG; (110) in case 2:19-cv-01022-RMG; (43) in case 2:19-cv-01119-RMG; (38) in case 2:19-cv-01120-RMG; (37) in case 2:19-cv-01181-RMG; (42) in case 2:19-cv-01217-RMG; (75) in case 2:19-cv-01223-RMG; (115) in case 2:19-cv-01724-RMG; (64) in case 2:19-cv-02187-RMG; (58) in case 2:19-cv-02607-RMG; (24) in case 2:19-cv-03288-RMG; (25) in case 2:19-cv-03290-RMG; (20) in case 2:20-cv-02030-RMG; (94) in case 2:20-cv-02115-RMG). AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 3/3/2022.Associated Cases: 2:18-mn-02873-RMG et al.(sshe, )
March 2, 2022 Filing 94 MOTION to Withdraw as Attorney William J. Quinn by United States of America. Response to Motion due by 3/16/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:18-mn-02873-RMG et al.(Quinn, William)
August 10, 2021 Filing 92 NOTICE of filing of USCA4 Appeal 21-1121 In re: State of New Mexico; New Mexico Environment Department (petitioners). Order denying petition for rehearing and rehearing en banc Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-02115-RMG(sshe, )
June 16, 2021 Filing 91 Notice of filing of USCA4 Appeal 21-1121 In re: State of New Mexico; New Mexico Environment Department (petitioners). Judgment - the petition for writ of mandamus is denied. Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-02115-RMG(sshe, )
March 5, 2021 Filing 85 TEXT ORDER This Order Relates to Case No. 2:20-cv-02115-RMG, granting 1236 (in case 2:18-mn-02873-RMG; (84) in case 2:20-cv-02115-RMG) Motion for Jennifer L. Hower to Withdraw as Attorney for Plaintiff New Mexico Environment Department. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 3/5/2021.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-02115-RMG(sshe, )
March 3, 2021 Filing 84 MOTION to Withdraw as Attorney by New Mexico Environment Department. Response to Motion due by 3/17/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Hower, Jennifer) Clerk refiled correctly in management case, and spread to applicable member case as listed on document, per Judge's filing instructions in CMO No 1 Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-02115-RMG(sshe, )
February 23, 2021 Filing 83 NOTICE of Appearance by Timothy B Walthall on behalf of Federal Aviation Administration, United States Air Force, United States Air National Guard Bureau, United States Department of Defense, United States of America, United States of America, United States of America, United States Air Force, EPA, United States Fairchild AFB, United States of America, USA, United States, United States Department of the Air Force, The (Walthall, Timothy) Associated Cases: 2:18-mn-02873-RMG et al. Clerk refiled correctly in management case, and spread to applicable member cases as listed on document (to create attorney/party association for USA and USA agencies), per Judge's filing instructions in CMO No 1. (sshe, ) Modified to original document number (in 2:18-mn-02873-RMG) on 2/23/2021 (sshe, ).
February 3, 2021 Filing 81 TEXT ORDER granting 1133 (in case 2:18-mn-02873-RMG, (79) in case 2:20-cv-02115-RMG) Motion for Shari Howard to Withdraw as Attorney for United States, United States Air Force. Entered at the Direction of Honorable Richard M Gergel on 2/3/2021.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-02115-RMG (sshe, )
February 1, 2021 Filing 80 NOTICE of Appearance by John Michael Cane on behalf of Department of Defense, Department of the Air Force, Department of the Army, United States of America, United States of America, United States of America, United States, United States Air Force Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-02115-RMG, 2:20-cv-02899-RMG, 2:21-cv-00146-RMG(Cane, John)
January 29, 2021 Filing 79 MOTION to Withdraw as Attorney by United States, United States Air Force. Response to Motion due by 2/12/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-02115-RMG(sshe, )
January 27, 2021 Filing 78 CLERKS NOTICE TO ALL COUNSEL ASSOCIATED WITH MDL 2873 This Notice Relates to All Actions. In light of the most recent CMO No. 6.D filed 1/26/2021 at 1128 , please be reminded that the new shell case number for direct-filed cases related to the AFFF MDL is now 2:21-av-55555. Please file the Complaint (Civil cover sheet need not be filed), and counsel need only submit one summons document AO 440 form to be issued by the Clerk's office. Please provide the first listed defendant party's name and address on the document and attach pages which include the additional defendants' names (and addresses per CMO NO. 6, 6.A, 6.B, 6.C, 6.D re Alternative For Service of Process on a Defendant). Counsel should e-file, as an attachment to the complaint (or forward in one complete PDF via email to the Clerk's office: filingdocs_ecf_chas@scd.uscourts.gov). Associated Cases: 2:18-mn-02873-RMG et al.(sshe, )
December 11, 2020 Filing 77 NOTICE of Appearance by Jacqueline Liat Rome on behalf of Chemguard Inc, Tyco Fire Products LP Associated Cases: 2:18-mn-02873-RMG et al.(Rome, Jacqueline)
September 25, 2020 Filing 75 CLERKS NOTICE TO ALL COUNSEL ASSOCIATED WITH MDL 2873 This Notice Relates to All Actions. The clerk will be issuing the summons(es) in a timely manner for all amended complaints filed. Due to the volume of amended complaints filed most recently, the clerk will be issuing the summons(es) as follows. Upon receipt of the NEF for the Summons Issued event, please print or download the filed one-page document with the PDF header included, showing the date of issue and civil case (member) number. Insert this dated, signed and sealed document in front of the first page of your prepared summons document, including your supplemental pages, to use for service on defendants. Associated Cases: 2:18-mn-02873-RMG et al.(sshe, )
September 3, 2020 Opinion or Order Filing 74 ORDER This Order Relates to Case No. 2:20-cv-2115-RMG. At this stage in these centralized proceedings, the Court will not consider whether New Mexico would prevail on the merits of its claims, as the preliminary injunction analysis would require. New Mexico's motion for leave to move for a preliminary injunction (Dkt. No. (735) in case 2:18-mn-02873-RMG; (66) in case 2:20-cv-02115-RMG) is DENIED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 9/3/2020.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-02115-RMG(sshe, )
September 2, 2020 Filing 73 CLERKS NOTICE TO ALL COUNSEL ASSOCIATED WITH MDL 2873 This Notice Relates to All Actions. Please be advised to disregard entry filed at Dkt. No. 797 (in 2:18-mn-02873-RMG) et al Notice of Appearance. This filing was spread incorrectly to ALL cases. Please note filing instructions per CMO No. 1 regarding correctly spreading if the document relates to all actions or relates only to particular action(s). Associated Cases: 2:18-mn-02873-RMG et al.(sshe, )
September 2, 2020 Filing 72 NOTICE of Appearance by Allen Leland DuPre on behalf of Finley Fire Equipment Co Associated Cases: 2:18-mn-02873-RMG et al.(DuPre, Allen)
August 24, 2020 Filing 71 REPLY to Response to Motion re 735 (in 2:18-mn-02873-RMG, 66 in 2:20-cv-02115-RMG) MOTION for Leave to File Motion For Preliminary Injunction Response filed by State of New Mexico. Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-02115-RMG(Kanner, Allan) Modified to edit docket text per chambers on 8/25/2020 (sshe, ).
August 17, 2020 Filing 70 RESPONSE in Opposition re 735 (in 2:18-mn-02873-RMG, 66 in 2:20-cv-02115-RMG) MOTION for Leave to File Response filed by Plaintiffs.Reply to Response to Motion due by 8/24/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6.(Thompson, Fred) Refiled to link correct event to associated event, to edit docket text, per chambers Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-02115-RMG(sshe, ) Modified to original document number on 8/18/2020 (sshe, ).
August 17, 2020 Filing 69 RESPONSE in Opposition re 735 (in 2:18-mn-02873-RMG, 66 in 2:20-cv-02115-RMG) MOTION for Leave to File Motion for Preliminary Injunction Response filed by Defendants.Reply to Response to Motion due by 8/24/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 1 - ATSDR PFAS Guidance, #2 Exhibit 2 - United States' Opp'n (D.N.M.))Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-02115-RMG(Petrosinelli, Joseph) Modified to edit docket text, per chambers on 8/18/2020 (sshe, ).
August 17, 2020 Filing 68 RESPONSE in Opposition re 735 (in 2:18-mn-02873-RMG, 66 in 2:20-cv-02115-RMG) MOTION for Leave to File Motion for Preliminary Injunction Response filed by United States of America, United States, United States Air Force.Reply to Response to Motion due by 8/24/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Ex 1 - Declaration of William Brian Howard, #2 Exhibit Ex 2 - Declaration of Sheen Thomas Kottkamp)Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-02115-RMG(Knudsen, Andrew) Modified to edit docket text, per chambers on 8/18/2020 (sshe, ).
August 5, 2020 Filing 67 TEXT ORDER re (735 in 2:18-mn-02873-RMG; 66 in 2:20-cv-02115-RMG). The State of New Mexico has moved for leave to file a motion for preliminary injunction. Within ten (10) days of the date of this Order, the PLAINTIFFS' EXECUTIVE COMMITTEE is directed to file a response to the motion for leave articulating whether it approves or objects to New Mexico moving for a preliminary injunction and the reasons why. Within ten (10) days of the date of this Order, the DEFENSE COORDINATION COMMITTEE is directed to file a brief response to the motion for leave articulating its position on the matter. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 8/5/2020. Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-02115-RMG(sshe, )
August 4, 2020 Filing 66 MOTION for Leave to File Motion for Preliminary Injunction by State of New Mexico. Response to Motion due by 8/18/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support)No proposed order.(Kanner, Allan) Refiled correctly in management case, and spread to applicable member case, per Judge's filing instructions Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-02115-RMG(sshe, )
June 19, 2020 Filing 65 NOTICE of Appearance by Michele S Greif on behalf of Federal Aviation Administration, United States Air Force, United States Air National Guard Bureau, United States Department of Defense, United States of America, United States of America, United States of America, United States Air Force, EPA, United States Fairchild AFB, United States of America, USA, United States, United States Department of the Air Force, The (Greif, Michele) Associated Cases: 2:18-mn-02873-RMG et al. Refiled correctly in management case to spread to applicable member case(s), per Judge's filing instructions, and to create attorney/party association for attorney filing user for the member cases as listed on document(sshe, )
June 18, 2020 Filing 64 NOTICE of Appearance by Andrew D Knudsen on behalf of United States, United States Air Force Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-02115-RMG(Knudsen, Andrew)
June 18, 2020 Filing 63 NOTICE of Appearance by Christina T Natale on behalf of Federal Aviation Administration, United States Air Force, United States Air National Guard Bureau, United States Department of Defense, United States of America, United States of America, United States of America, United States Air Force, EPA, United States Fairchild AFB, United States of America, USA, United States, United States Department of the Air Force, The Associated Cases: 2:18-mn-02873-RMG et al.(Natale, Christina)
June 4, 2020 Filing 62 MDL MEMBER CASE OPENED: New Mexico, 1:19-cv-00178, State of New Mexico et al v. United States et al, as DSC case 2:20-cv-2115-RMG. NOTICE TO ALL COUNSEL: MDL No. 2:18-mn-2873-RMG (LEAD case) has been opened as the master docket assigned to Judge Richard M. Gergel, District of South Carolina. This civil action is now associated as a member case. Counsel will be notified by Liaison Counsel re Case Management Orders and other documents posted in the lead case. CMO Nos. 1-10, (including 2.A, 3.A, 3.B, 3.C, 3.D, 5.A, 5.B, 10.A) govern all cases in the MDL proceedings and can be viewed on the Court's MDL website. Please see also NOTICE(s) TO ALL COUNSEL ASSOCIATED WITH MDL 2873 filed in the Lead case. NOTICE of Hearing: Next Status Conference will be a Telephone Conference set for 6/5/2020 10:00 AM, before Honorable Richard M Gergel. See the District Court's website containing information on the MDL at # MDL-2873 (sshe, )
June 4, 2020 Filing 61 Case transferred in from District of New Mexico; Case Number 1:19-cv-00178. Original file certified copy of transfer order and docket sheet received.
June 3, 2020 Filing 60 CONDITIONAL TRANSFER ORDER by JPML (certified copy) transferring this matter to the United States District Court for the District of South Carolina for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. Sec. 1407; assigned to the Honorable Richard M. Gergel (MDL 2873). (bl) [Transferred from New Mexico on 6/4/2020.]
May 26, 2020 Filing 59 NOTICE by United States, United States Department of Air Force of Withdrawal of Counsel (McDonough, Eileen) [Transferred from New Mexico on 6/4/2020.]
April 6, 2020 Opinion or Order Filing 58 ORDER FINDING GOOD CAUSE TO DELAY SCHEDULING ORDER by Magistrate Judge John F. Robbenhaar. (smd) [Transferred from New Mexico on 6/4/2020.]
March 6, 2020 Filing 57 RESPONSE in Opposition re #51 MOTION for Leave to File Supplemental Certifications in Further Support of Plaintiffs' Motion for Preliminary Injunction and In Opposition to Defendants' Motion to Dismiss filed by United States, United States Department of Air Force. (McDonough, Eileen) [Transferred from New Mexico on 6/4/2020.]
March 2, 2020 Filing 56 MOTION for Leave to File by Chemguard Inc., Tyco Fire Products. (Attachments: #1 Exhibit Exhibit A to Motion for Leave to File) (Johnson, Eric) [Transferred from New Mexico on 6/4/2020.]
March 2, 2020 Filing 55 NOTICE of Appearance by Eric B Johnson on behalf of Tyco Fire Products, Chemguard Inc. (Johnson, Eric) [Transferred from New Mexico on 6/4/2020.]
February 28, 2020 Filing 54 Notice of Letter Response to Order to Show Cause RESPONSE re #50 Order to Show Cause filed by Non Party. (Attachments: #1 Exhibit) (Conaway, Joshua). Modified "filed by" field on 3/2/2020 (jg). [Transferred from New Mexico on 6/4/2020.]
February 28, 2020 Filing 53 RESPONSE re #50 Order to Show Cause filed by United States, United States Department of Air Force. (McDonough, Eileen) [Transferred from New Mexico on 6/4/2020.]
February 28, 2020 Filing 52 RESPONSE TO ORDER TO SHOW CAUSE by Hector Balderas, New Mexico Environment Department (Attachments: #1 Exhibit CTO 26, #2 Exhibit Notice of Opposition to CTO 26) (Kanner, Allan) [Transferred from New Mexico on 6/4/2020.]
February 24, 2020 Filing 51 MOTION for Leave to File Supplemental Certifications in Further Support of Plaintiffs' Motion for Preliminary Injunction and In Opposition to Defendants' Motion to Dismiss by Hector Balderas. (Attachments: #1 Exhibit Exhibit A - Supplemental Certification of Dave Cobrain, #2 Exhibit Exhibit B - Supplemental Certification of Secretary James C. Kenney) (Kanner, Allan) [Transferred from New Mexico on 6/4/2020.]
February 14, 2020 Opinion or Order Filing 50 ORDER TO SHOW CAUSE by District Judge Kea W. Riggs. Show Cause Responses due by 2/28/2020. (Attachments: #1 Exhibit, #2 Exhibit) (ve) [Transferred from New Mexico on 6/4/2020.]
February 13, 2020 Filing 49 NOTICE OF CONSENT TO TRANSFER by District Judge Kea W. Riggs. (Attachments: #1 Exhibit, #2 Exhibit) (ve) [Transferred from New Mexico on 6/4/2020.]
January 30, 2020 Filing 48 NOTICE of Appearance by Shari Howard on behalf of United States, United States Department of Air Force (Howard, Shari) [Transferred from New Mexico on 6/4/2020.]
January 9, 2020 Filing 47 NOTICE by Hector Balderas NOTICE OF WITHDRAWAL OF COUNSEL (Minard, Anne) [Transferred from New Mexico on 6/4/2020.]
January 6, 2020 Filing 46 PLEASE TAKE NOTICE that this case has been reassigned to District Judge Kea W. Riggs as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. District Judge Martha Vazquez no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg*) [Transferred from New Mexico on 6/4/2020.]
December 30, 2019 Filing 45 BRIEF re #31 Cross MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction Amici Curiae Brief in Support of Response in Opposition by Antoinette Lopez, Andres Romero, Mimi Stewart (de Saillan, Charles) [Transferred from New Mexico on 6/4/2020.]
December 16, 2019 Opinion or Order Filing 44 ORDER by District Judge Martha Vazquez GRANTING #37 Motion for Leave to File Amicus Curiae Brief. (gr) [Transferred from New Mexico on 6/4/2020.]
November 12, 2019 Opinion or Order Filing 43 ORDER by District Judge Martha Vazquez GRANTING #15 Motion for Leave to File Excess Pages. (laz)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [Transferred from New Mexico on 6/4/2020.]
October 30, 2019 Filing 42 NOTICE of Briefing Complete by All Plaintiffs re #10 MOTION for Preliminary Injunction filed by New Mexico Environment Department, Hector Balderas (Kanner, Allan) [Transferred from New Mexico on 6/4/2020.]
October 29, 2019 Filing 41 NOTICE of Briefing Complete by United States, United States Department of Air Force re #31 Cross MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction filed by United States Department of Air Force, United States (McDonough, Eileen) [Transferred from New Mexico on 6/4/2020.]
October 28, 2019 Filing 40 REPLY to Response to Motion re #31 Cross MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction filed by United States, United States Department of Air Force. (McDonough, Eileen) [Transferred from New Mexico on 6/4/2020.]
October 25, 2019 Filing 39 NOTICE by United States, United States Department of Air Force re #35 Response in Opposition to Motion, Agreed-upon Extension to Oct. 28, 2019 (McDonough, Eileen) [Transferred from New Mexico on 6/4/2020.]
October 3, 2019 Filing 38 NOTICE by United States, United States Department of Air Force re #31 Cross MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction Re Agreed-Upon Extension of Time To File Reply (Rule 7.4(a) (McDonough, Eileen) [Transferred from New Mexico on 6/4/2020.]
September 27, 2019 Filing 37 MOTION for Leave to File Amicus Curiae Brief by Antoinette Lopez, Andres Romero, Mimi Stewart. (Attachments: #1 Exhibit) (de Saillan, Charles) [Transferred from New Mexico on 6/4/2020.]
September 27, 2019 Filing 36 NOTICE of Appearance by Charles de Saillan on behalf of Mimi Stewart, Antoinette Lopez, Andres Romero (de Saillan, Charles) [Transferred from New Mexico on 6/4/2020.]
September 27, 2019 Filing 35 RESPONSE in Opposition re #31 Cross MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction and Reply In Further Support of Plaintiffs' Motion for Preliminary Injunction filed by Hector Balderas, New Mexico Environment Department. (Kanner, Allan) [Transferred from New Mexico on 6/4/2020.]
September 10, 2019 Opinion or Order Filing 34 ORDER by District Judge Martha Vazquez granting #32 Motion for Leave to File Out of Time. (mjr) [Transferred from New Mexico on 6/4/2020.]
September 7, 2019 Filing 33 RESPONSE in Opposition re #10 MOTION for Preliminary Injunction filed by United States, United States Department of Air Force. (Attachments: #1 Exhibit Howard Declaration, #2 Exhibit Kottkamp Declaration, #3 Exhibit Robin Declaration) (McDonough, Eileen) Modified link and text on 9/9/2019 (mjr). [Transferred from New Mexico on 6/4/2020.]
September 7, 2019 Filing 32 MOTION for Leave to File Opposition Out of Time by United States, United States Department of Air Force. (McDonough, Eileen) [Transferred from New Mexico on 6/4/2020.]
September 7, 2019 Filing 31 Cross MOTION to Dismiss , MOTION to Dismiss for Lack of Jurisdiction by United States, United States Department of Air Force. (Attachments: #1 Memorandum of law, #2 Exhibit Howard Declaration, #3 Exhibit Kottkamp Declaration, #4 Exhibit Paul Declaration) (McDonough, Eileen) [Transferred from New Mexico on 6/4/2020.]
September 7, 2019 Filing 30 Cross MOTION to Dismiss for Lack of Jurisdiction by United States, United States Department of Air Force. (McDonough, Eileen) [Transferred from New Mexico on 6/4/2020.]
September 4, 2019 Opinion or Order Filing 29 ORDER by District Judge Martha Vazquez GRANTING #28 Consent Motion for Leave to File Excess Pages. See Order for Specifics. (gr) [Transferred from New Mexico on 6/4/2020.]
August 30, 2019 Filing 28 Consent MOTION for Leave to File Excess Pages and to Modify Briefing schedule by United States, United States Department of Air Force. (McDonough, Eileen) [Transferred from New Mexico on 6/4/2020.]
August 15, 2019 Filing 27 NOTICE by Hector Balderas, New Mexico Environment Department Certification of Good Standing for Elizabeth Bryce Petersen (Khoury, Cholla) [Transferred from New Mexico on 6/4/2020.]
August 15, 2019 Filing 26 NOTICE by Hector Balderas, New Mexico Environment Department Certification of Good Standing for Allison Shipp Brouk (Khoury, Cholla) [Transferred from New Mexico on 6/4/2020.]
August 15, 2019 Filing 25 NOTICE by Hector Balderas, New Mexico Environment Department Certification of Good Standing for Allan Kanner (Khoury, Cholla) [Transferred from New Mexico on 6/4/2020.]
August 15, 2019 Filing 24 ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Hector Balderas by Elizabeth Petersen (Association Dues - Online Payment) (Petersen, Elizabeth)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [Transferred from New Mexico on 6/4/2020.]
August 15, 2019 Filing 23 ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Hector Balderas by Allison Brouk (Association Dues - Online Payment) (Brouk, Allison)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [Transferred from New Mexico on 6/4/2020.]
August 15, 2019 Filing 22 ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Hector Balderas by Allan Kanner (Association Dues - Online Payment) (Kanner, Allan)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [Transferred from New Mexico on 6/4/2020.]
August 15, 2019 Association Dues Received: $ 100 receipt number 1084-6607850 re: # 22 Association of Attorney Licensed Outside the District, filed by Hector Balderas (Payment made via Pay.gov)(Kanner, Allan) [Transferred from New Mexico on 6/4/2020.]
August 15, 2019 Association Dues Received: $ 100 receipt number 1084-6607898 re: # 23 Association of Attorney Licensed Outside the District, filed by Hector Balderas (Payment made via Pay.gov)(Brouk, Allison) [Transferred from New Mexico on 6/4/2020.]
August 15, 2019 Association Dues Received: $ 100 receipt number 1084-6607975 re: # 24 Association of Attorney Licensed Outside the District, filed by Hector Balderas (Payment made via Pay.gov)(Petersen, Elizabeth) [Transferred from New Mexico on 6/4/2020.]
August 6, 2019 Filing 21 PLEASE TAKE NOTICE that this case has been reassigned to District Judge Martha Vazquez as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge Laura Fashing no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg) [Transferred from New Mexico on 6/4/2020.]
July 30, 2019 Opinion or Order Filing 20 ORDER by Magistrate Judge John F. Robbenhaar granting #19 Motion for Extension of Time to File Response as to #10 MOTION for Preliminary Injunction. Response due by 9/6/2019. (smd) [Transferred from New Mexico on 6/4/2020.]
July 29, 2019 Filing 19 MOTION for Extension of Time to File Response/Reply as to #10 MOTION for Preliminary Injunction (Partially Unopposed) by United States, United States Department of Air Force. (McDonough, Eileen) [Transferred from New Mexico on 6/4/2020.]
July 25, 2019 Filing 18 NOTICE of Appearance by Eileen McDonough on behalf of United States, United States Department of Air Force (McDonough, Eileen) [Transferred from New Mexico on 6/4/2020.]
July 25, 2019 Filing 17 NOTICE of Appearance by Erica Zilioli on behalf of United States, United States Department of Air Force (Zilioli, Erica) [Transferred from New Mexico on 6/4/2020.]
July 25, 2019 Filing 16 NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge no later than 10 days from the entry of this notice unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (ccp)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [Transferred from New Mexico on 6/4/2020.]
July 24, 2019 Filing 15 MOTION for Leave to File Excess Pages For Exhibits to Plaintiffs' Motion for Preliminary Injunction by Hector Balderas, New Mexico Environment Department. (Khoury, Cholla) [Transferred from New Mexico on 6/4/2020.]
July 24, 2019 Filing 14 DECLARATION re #10 MOTION for Preliminary Injunction (Cholla Khoury) by Hector Balderas, New Mexico Environment Department (Attachments: #1 Exhibit A, #2 Exhibit A, cont., #3 Exhibit B, C, #4 Exhibit C, cont., #5 Exhibit D through K) (Khoury, Cholla) [Transferred from New Mexico on 6/4/2020.]
July 24, 2019 Filing 13 DECLARATION re #10 MOTION for Preliminary Injunction (Mark Stevens Laska, Ph.D.) by Hector Balderas, New Mexico Environment Department (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) (Khoury, Cholla) [Transferred from New Mexico on 6/4/2020.]
July 24, 2019 Filing 12 DECLARATION re #10 MOTION for Preliminary Injunction (Dave Cobrain) by Hector Balderas, New Mexico Environment Department (Khoury, Cholla) [Transferred from New Mexico on 6/4/2020.]
July 24, 2019 Filing 11 BRIEF re #10 MOTION for Preliminary Injunction by Hector Balderas, New Mexico Environment Department (Khoury, Cholla) [Transferred from New Mexico on 6/4/2020.]
July 24, 2019 Filing 10 MOTION for Preliminary Injunction by Hector Balderas, New Mexico Environment Department. (Khoury, Cholla) [Transferred from New Mexico on 6/4/2020.]
July 24, 2019 Filing 9 AMENDED COMPLAINT against All Defendants., filed by Hector Balderas, New Mexico Environment Department. (Khoury, Cholla) [Transferred from New Mexico on 6/4/2020.]
May 3, 2019 Opinion or Order Filing 8 ORDER by Magistrate Judge John F. Robbenhaar granting #6 Motion for Extension of Time to Answer. The United States shall answer or otherwise respond to the Complaint within 60 days after Plaintiffs file an Amended Complaint. THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (kc) [Transferred from New Mexico on 6/4/2020.]
May 2, 2019 Filing 6 Consent MOTION for Extension of Time to File Answer re #1 Complaint by United States, United States Department of Air Force. (McDonough, Eileen) [Transferred from New Mexico on 6/4/2020.]
May 1, 2019 Filing 7 PLEASE TAKE NOTICE that this case has been reassigned to Magistrate Judge John F. Robbenhaar as the pretrial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge Karen B. Molzen no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg*) [Transferred from New Mexico on 6/4/2020.]
April 2, 2019 Filing 5 NOTICE of Appearance by Anne Minard on behalf of All Plaintiffs (Minard, Anne) [Transferred from New Mexico on 6/4/2020.]
April 1, 2019 Filing 4 ***FILED IN ERROR - INCORRECT CASE NUMBER*** NOTICE of Appearance by Anne Minard on behalf of All Plaintiffs (Minard, Anne) Modified on 4/2/2019 (jg). [Transferred from New Mexico on 6/4/2020.]
March 22, 2019 Filing 3 NOTICE of Appearance by David D. Mitchell on behalf of All Defendants (Mitchell, David) [Transferred from New Mexico on 6/4/2020.]
March 5, 2019 Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Laura Fashing to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg) [Transferred from New Mexico on 6/4/2020.]
March 5, 2019 Filing 1 COMPLAINT against United States, United States Department of Air Force ( Filing Fee - Online Payment), filed by State of NM, ex rel. (Attachments: #1 Civil Cover Sheet)(Khoury, Cholla) [Transferred from New Mexico on 6/4/2020.]
March 5, 2019 Filing and Administrative Fees Received: $ 400 receipt number 1084-6314175 re #1 Complaint filed by State of NM, ex rel (Payment made via Pay.gov)(Khoury, Cholla) [Transferred from New Mexico on 6/4/2020.]
March 5, 2019 Office code correction. Case office code has been changed from 6 (Santa Fe) to 1 (Albuquerque). (jg) [Transferred from New Mexico on 6/4/2020.]
March 5, 2019 United States Magistrate Judge Laura Fashing and United States Magistrate Judge Karen B. Molzen assigned. (jg) [Transferred from New Mexico on 6/4/2020.]
March 5, 2019 Summons Issued as to U.S. Attorney and U.S. Attorney General (jg) [Transferred from New Mexico on 6/4/2020.]

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Search for this case: State of New Mexico, et al v. United States et al
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Plaintiff: New Mexico Environment Department
Represented By: Elizabeth B Petersen
Represented By: Allan Kanner
Represented By: Anne Minard
Represented By: Jennifer Lynn Hower
Represented By: Christopher N. Atencio
Represented By: Allison S Brouk
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Plaintiff: Hector Balderas
Represented By: Elizabeth B Petersen
Represented By: Allan Kanner
Represented By: Cholla Khoury
Represented By: Allison S Brouk
Represented By: William G. Grantham
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Plaintiff: State of New Mexico
Represented By: Elizabeth B Petersen
Represented By: Allan Kanner
Represented By: Cholla Khoury
Represented By: Allison S Brouk
Represented By: William G. Grantham
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Interested party: Tyco Fire Products LP
Represented By: Eric B Johnson
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Interested party: Chemguard Inc
Represented By: Eric B Johnson
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Amicus curiae: Senator Antoinette Lopez
Represented By: Douglas Meiklejohn
Represented By: Charles DE Saillan
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Amicus curiae: Representative Andres Romero
Represented By: Douglas Meiklejohn
Represented By: Charles DE Saillan
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Amicus curiae: Senator Mimi Stewart
Represented By: Douglas Meiklejohn
Represented By: Charles DE Saillan
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Defendant: United States
Represented By: Shari Howard
Represented By: Erica Zilioli
Represented By: David D. Mitchell
Represented By: Michele S Greif
Represented By: Christina T Natale
Represented By: Andrew D Knudsen
Represented By: Geoffrey Charles Cook
Represented By: Haroon Anwar
Represented By: Timothy B Walthall
Represented By: William J Quinn
Represented By: John Michael Cane
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Defendant: United States Air Force
Represented By: Erica Zilioli
Represented By: David D. Mitchell
Represented By: Michele S Greif
Represented By: Christina T Natale
Represented By: Andrew D Knudsen
Represented By: Geoffrey Charles Cook
Represented By: Haroon Anwar
Represented By: Shari Howard
Represented By: Timothy B Walthall
Represented By: William J Quinn
Represented By: John Michael Cane
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