Optimus Steel, LLC v. U.S. Army Corps of Engineers et al
| Optimus Steel, LLC |
| Jefferson Southern Star Pipeline, LLC, Lieutenant General Todd T. Semonite (in his official capacity as Chief of Engineers and Commanding General of the U.S. Army of Engineers, Colonel Timothy R. Vail (in his official capacity as U.S. Army Corps of Engineers Galvevston District Commander, U.S. Army Corps of Engineers, Todd T Semonite and Timothy R Vail |
| 1:2020cv00374 |
| September 10, 2020 |
| US District Court for the Eastern District of Texas |
| Michael J Truncale |
| Environmental Matters |
| 42 U.S.C. § 4332 |
| None |
Docket Report
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This docket was last retrieved on November 4, 2020. A more recent docket listing may be available from PACER.
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| Filing 72 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Jefferson Southern Star Pipeline, LLC.( Popov, Christopher) |
| Filing 71 WAIVER OF SERVICE Returned Executed. Jefferson Southern Star Pipeline, LLC waiver sent on 9/14/2020, answer due 11/13/2020. (Popov, Christopher) Modified on 11/4/2020 (tkd, ). |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Jefferson Southern Star Pipeline, LLC to 11/23/2020. 10 Days Granted for Deadline Extension.( tkd, ) |
Filing 70
ORDER granting #54 Motion for the law firm of Munsch Hardt Kopf & Harr PC to withdraw as counsel for plaintiff. Signed by District Judge Michael J. Truncale on 10/7/20. (tkd, )
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Filing 69
ORDER denying Preliminary Injunction. It is therefore ORDERED that Plaintiffs Amended Application for Temporary Restraining Order and Preliminary Injunction #31 is hereby DENIED. Accordingly, it is further ORDERED that Plaintiffs original Application for Temporary Restraining Order and Preliminary Injunction #3 is hereby DENIED as moot. Signed by District Judge Michael J. Truncale on 10/04/2020. (bmf, )
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| Filing 68 Admitted Preliminary Injunction hearing Exhibits List by Jefferson Southern Star Pipeline, LLC.. (jmv, ) (Main Document 68 replaced with corrected doc. on 9/25/2020) (jmv, ). NEF Regenerated. |
| Filing 67 Admitted Preliminary Injunction hearing Exhibits List by U.S. Army Corps of Engineers. (jmv, ) |
| Filing 66 Admitted Preliminary Injunction hearing Exhibits List by Optimus Steel, LLC.. (jmv, ) |
| Filing 65 Minute Entry for proceedings held before District Judge Michael J. Truncale: Day 2 Preliminary Injunction hearing held on 9/24/2020. (Court Reporter Ruth Weese.) (jmv, ) |
| Filing 64 Exhibit List First Amended by Optimus Steel, LLC.. (Attachments: #1 Exhibit 46)(Ramsey, Katherine) |
| Filing 63 Minute Entry for proceedings held before District Judge Michael J. Truncale: Day 1 Preliminary Injunction hearing held on 9/23/2020. (Court Reporter Chris Bickham.) (jmv, ) |
| Filing 62 Exhibit List Third Amended Hearing Exhibit List by Jefferson Southern Star Pipeline, LLC.. (Attachments: #1 Exhibit J-40)(Popov, Christopher) |
| Filing 61 Exhibit List Second Amended Hearing Exhibit List by Jefferson Southern Star Pipeline, LLC.. (Attachments: #1 Exhibit J-38, #2 Exhibit J-39)(Popov, Christopher) |
| Filing 60 NOTICE of Attorney Appearance by Eric Allen Grant on behalf of Todd T Semonite, U.S. Army Corps of Engineers, Timothy R Vail (Grant, Eric) |
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Filing 59
ORDER granting #13 Motion to file exhibits under seal. Exhibits J-16 through J-23 in document 25 will be filed under seal. Further ordered that deft Jefferson Southern Star Pipeline is excused from filing a redacted version of any of the Jefferson Confidential Documents. Signed by District Judge Michael J. Truncale on 9/22/20. (tkd, )
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Filing 58
ORDER granting #26 Motion for leave to file exhibits 1, 5, 11 and 12 in document #28 under seal. It is further ordered that federal defendants are excused from filing a redacted version of any of these documents. Signed by District Judge Michael J. Truncale on 9/22/20. (tkd, )
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Filing 57
ORDER granting #45 Motion for Leave to File Excess Pages. Signed by District Judge Michael J. Truncale on 9/22/20. (tkd, )
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Filing 56
ORDER granting #27 Agreed Motion for Protective Order. Signed by District Judge Michael J. Truncale on 9/22/20. (tkd, )
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Filing 55
ORDER denying #36 Motion to compel Dr. Metz's testimony and denying #40 Motion for an expedited hearing on the matter. Signed by District Judge Michael J. Truncale on 9/22/20. (tkd, )
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| Filing 54 Unopposed MOTION to Withdraw of Munsch Hardt Kopf & Harr, P.C. by Optimus Steel, LLC. (Attachments: #1 Text of Proposed Order)(Ray, James) |
| Filing 53 FILED IN ERROR. Motion is missing a certificate of conference. Please ignore. MOTION to Withdraw of Munsch Hardt Kopf & Harr, P.C. by Optimus Steel, LLC. (Attachments: #1 Text of Proposed Order)(Ray, James) Modified on 9/22/2020 (tkd, ). |
| Filing 52 Witness List by Jefferson Southern Star Pipeline, LLC. (Popov, Christopher) |
| Filing 50 Exhibit List by Jefferson Southern Star Pipeline, LLC.. (Attachments: #1 Exhibit J-32, #2 Exhibit J-33, #3 Exhibit J-36, #4 Exhibit J-37)(Popov, Christopher) |
| Filing 49 REPLY to Response to Motion re #31 Amended MOTION for Temporary Restraining Order , Preliminary Injunction, Permanent Injunction and Request for Hearing and Memorandum in Support (amending Doc. 3) filed by Optimus Steel, LLC. (Ray, James) |
| Filing 48 RESPONSE in Opposition re #40 MOTION for Hearing re #36 MOTION to Compel Attendance of Dr. Tasha L. Metz at Preliminary Injunction Hearing, or, in the Alternative, for Temporary Restraining Order and Continuance of Preliminary Injunction Hearing on an Expedited B filed by Todd T Semonite, U.S. Army Corps of Engineers, Timothy R Vail. (Attachments: #1 Text of Proposed Order)(Wells, Robert) |
| Filing 47 RESPONSE to Motion re #31 Amended MOTION for Temporary Restraining Order , Preliminary Injunction, Permanent Injunction and Request for Hearing and Memorandum in Support (amending Doc. 3) filed by Jefferson Southern Star Pipeline, LLC. (Attachments: #1 Text of Proposed Order)(Popov, Christopher) |
| Filing 46 FILED IN ERROR as sealed. See re-filed document #47.SEALED RESPONSE to Motion re #31 Amended MOTION for Temporary Restraining Order , Preliminary Injunction, Permanent Injunction and Request for Hearing and Memorandum in Support (amending Doc. 3) filed by Jefferson Southern Star Pipeline, LLC. (Attachments: #1 Text of Proposed Order)(Popov, Christopher) Modified on 9/22/2020 (tkd, ). |
| Filing 45 Unopposed MOTION for Leave to File Excess Pages by Jefferson Southern Star Pipeline, LLC. (Attachments: #1 Text of Proposed Order)(Popov, Christopher) |
| Filing 44 RESPONSE to Motion re #31 Amended MOTION for Temporary Restraining Order , Preliminary Injunction, Permanent Injunction and Request for Hearing and Memorandum in Support (amending Doc. 3) filed by Todd T Semonite, U.S. Army Corps of Engineers, Timothy R Vail. (Attachments: #1 Text of Proposed Order)(Gillingham, James) |
| Filing 43 RESPONSE in Opposition re #36 MOTION to Compel Attendance of Dr. Tasha L. Metz at Preliminary Injunction Hearing, or, in the Alternative, for Temporary Restraining Order and Continuance of Preliminary Injunction Hearing filed by Todd T Semonite, U.S. Army Corps of Engineers, Timothy R Vail. (Attachments: #1 Exhibit A - Plaintiff's Touhy Request, #2 Exhibit B - Corps' Touhy Denial, #3 Text of Proposed Order)(Wells, Robert) |
| Filing 42 Exhibit List - Federal Defendants' Supplemental Exhibit List by Todd T Semonite, U.S. Army Corps of Engineers, Timothy R Vail.. (Attachments: #1 Exhibit - Supplemental Exhibit List, #2 Exhibit - 23)(Gillingham, James) |
| Filing 41 Witness List by Todd T Semonite, U.S. Army Corps of Engineers, Timothy R Vail. (Gillingham, James) |
| Filing 40 MOTION for Expedited Setting re #36 MOTION to Compel Attendance of Dr. Tasha L. Metz at Preliminary Injunction Hearing, or, in the Alternative, for Temporary Restraining Order and Continuance of Preliminary Injunction Hearing on an Expedited Basis by Optimus Steel, LLC. (Attachments: #1 Text of Proposed Order)(Ray, James) Modified on 9/22/2020 (tkd, ). |
| Filing 39 NOTICE of Attorney Appearance by Brandon Michael Tuck on behalf of Jefferson Southern Star Pipeline, LLC (Tuck, Brandon) |
| Filing 38 FILED IN ERROR. Attorney Eric Grant must e-file his own notice to be added to the case. Please ignore. NOTICE of Attorney Appearance by Robert Austin Wells on behalf of Todd T Semonite, U.S. Army Corps of Engineers, Timothy R Vail (Wells, Robert) Modified on 9/22/2020 (tkd, ). |
| Filing 37 RESPONSE in Opposition re #36 MOTION to Compel Attendance of Dr. Tasha L. Metz at Preliminary Injunction Hearing, or, in the Alternative, for Temporary Restraining Order and Continuance of Preliminary Injunction Hearing filed by Jefferson Southern Star Pipeline, LLC. (Attachments: #1 Text of Proposed Order)(Popov, Christopher) |
| Filing 36 MOTION to Compel Attendance of Dr. Tasha L. Metz at Preliminary Injunction Hearing, or, in the Alternative, for Temporary Restraining Order and Continuance of Preliminary Injunction Hearing by Optimus Steel, LLC. (Attachments: #1 Appendix)(Ray, James) (Additional attachment(s) added on 9/21/2020: #2 Proposed Order) (tkd, ). |
| Filing 35 First Amended Witness List by Optimus Steel, LLC. (Ray, James) |
| Filing 34 Witness List by Optimus Steel, LLC. (Ray, James) |
| Filing 33 STIPULATION - Joint Stipulation Regarding Scope of Relief by Todd T Semonite, U.S. Army Corps of Engineers, Timothy R Vail. (Gillingham, James) |
| Filing 32 NOTICE of Attorney Appearance by Mark L Walters on behalf of Todd T Semonite, U.S. Army Corps of Engineers, Timothy R Vail (Walters, Mark) |
| Filing 31 Amended MOTION for Temporary Restraining Order , Preliminary Injunction, Permanent Injunction and Request for Hearing and Memorandum in Support (amending Doc. 3) by Optimus Steel, LLC. (Attachments: #1 Appendix)(Ray, James) |
| Filing 30 AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants, filed by Optimus Steel, LLC.(Ray, James) |
| Filing 29 Exhibit List for Preliminary Injunction Hearing by Optimus Steel, LLC.. (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, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45)(Ray, James) Modified on 9/18/2020 (tkd, ). |
| Filing 27 Agreed MOTION for Protective Order by Jefferson Southern Star Pipeline, LLC. (Attachments: #1 Text of Proposed Order Agreed Protective Order)(Popov, Christopher) (Additional attachment(s) added on 9/18/2020: #2 Revised Proposed Order) (tkd, ). |
| Filing 26 Unopposed MOTION to Seal Exhibits by Todd T Semonite, U.S. Army Corps of Engineers, Timothy R Vail. (Attachments: #1 Text of Proposed Order)(Gillingham, James) |
| Filing 25 SEALED ADDITIONAL ATTACHMENTS to Main Document: #15 Exhibit List. (Attachments: #1 Exhibit J-16, #2 Exhibit J-17, #3 Exhibit J-18, #4 Exhibit J-19, #5 Exhibit J-20, #6 Exhibit J-21, #7 Exhibit J-22, #8 Exhibit J-23)(Popov, Christopher) |
| Filing 24 Additional Attachments to Main Document: #15 Exhibit List.. (Attachments: #1 Exhibit J-24, #2 Exhibit J-25, #3 Exhibit J-26, #4 Exhibit J-27, #5 Exhibit J-28, #6 Exhibit J-29, #7 Exhibit J-30, #8 Exhibit J-31)(Popov, Christopher) |
| Filing 23 Exhibit List by Todd T Semonite, U.S. Army Corps of Engineers, Timothy R Vail.. (Attachments: #1 Exhibit Exhibit List, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10, #10 Exhibit 13, #11 Exhibit 14, #12 Exhibit 15, #13 Exhibit 16, #14 Exhibit 17, #15 Exhibit 18, #16 Exhibit 19, #17 Exhibit 20, #18 Exhibit 21, #19 Exhibit 22)(Gillingham, James) |
| Filing 22 Additional Attachments to Main Document: #15 Exhibit List.. (Attachments: #1 Exhibit J-9 - Part 4, #2 Exhibit J-9 - Part 5, #3 Exhibit J-10, #4 Exhibit J-11, #5 Exhibit J-12, #6 Exhibit J-13, #7 Exhibit J-14, #8 Exhibit J-15)(Popov, Christopher) |
| Filing 21 Additional Attachments to Main Document: #15 Exhibit List.. (Attachments: #1 Exhibit J-9 - Part 2, #2 Exhibit J-9 - Part 3)(Popov, Christopher) |
| Filing 20 Additional Attachments to Main Document: #15 Exhibit List.. (Attachments: #1 Exhibit J-5, #2 Exhibit J-6, #3 Exhibit J-7, #4 Exhibit J-8, #5 Exhibit J-9 - Part 1)(Popov, Christopher) |
| Filing 19 Additional Attachments to Main Document: #15 Exhibit List.. (Attachments: #1 Exhibit J-4 - Part 7, #2 Exhibit J-4 - Part 8)(Popov, Christopher) |
| Filing 18 Additional Attachments to Main Document: #15 Exhibit List.. (Attachments: #1 Exhibit J-4 - Part 5, #2 Exhibit J-4 - Part 6)(Popov, Christopher) |
| Filing 17 Additional Attachments to Main Document: #15 Exhibit List.. (Attachments: #1 Exhibit J-4 - Part 3, #2 Exhibit J-4 - Part 4)(Popov, Christopher) |
| Filing 16 Additional Attachments to Main Document: #15 Exhibit List.. (Attachments: #1 Exhibit J-4 - Part 1, #2 Exhibit J-4 - Part 2)(Popov, Christopher) |
| Filing 15 Exhibit List by Jefferson Southern Star Pipeline, LLC.. (Attachments: #1 Exhibit J-1, #2 Exhibit J-2, #3 Exhibit J-3)(Popov, Christopher) |
| Filing 14 NOTICE of Attorney Appearance by James Garland Gillingham on behalf of Todd T Semonite, U.S. Army Corps of Engineers, Timothy R Vail (Gillingham, James) |
| Filing 13 Unopposed MOTION to Seal Exhibits by Jefferson Southern Star Pipeline, LLC. (Attachments: #1 Proposed Order)(Popov, Christopher) (Additional attachment(s) added on 9/18/2020: #2 Revised Proposed Order) (tkd, ). |
| Filing 12 NOTICE of Attorney Appearance by Matthew Charles Hoffman on behalf of Jefferson Southern Star Pipeline, LLC (Hoffman, Matthew) |
| Filing 11 NOTICE of Attorney Appearance by Robert Austin Wells on behalf of Todd T Semonite, U.S. Army Corps of Engineers, Timothy R Vail (Wells, Robert) |
| Filing 10 NOTICE of Attorney Appearance by Jeremy Charles Marwell on behalf of Jefferson Southern Star Pipeline, LLC (Marwell, Jeremy) |
| Filing 9 NOTICE of Attorney Appearance by Christopher Vasil Popov on behalf of Jefferson Southern Star Pipeline, LLC (Popov, Christopher) |
| Minute Entry for proceedings held before District Judge Michael J. Truncale: Status Conference held on 9/15/2020 via telephone. Attorneys present: Frederick Addison, Michael Ramsey, Terry Wood, Chris Popov, Matthew Hoffman, Jeremy Marwell, Thomas Zabel, Robert Wells, Frances Morris, Michelle Statz, Andrew Knesen. Court sets certain deadlines. Deadline for parties are to submit exhibits for hearing 9/17/20. Plaintiff Witness List deadline 9/18/20. Parties Briefing deadline 9/21/20. Defendants Witness List deadline 9/21/20. Preliminary Injunction Hearing set for 9/23/2020 09:00 AM in Ctrm 2 (Beaumont) before District Judge Michael J. Truncale. (Court Reporter None present.) (jmv, ) Modified on 9/16/2020 (jmv, ). |
| Filing 8 NOTICE of Attorney Appearance by Thomas Alan Zabel on behalf of Jefferson Southern Star Pipeline, LLC (Zabel, Thomas) |
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Filing 7
ORDER setting telephonic Status Conference for 9/15/2020 02:00 PM in Beaumont Courthouse before District Judge Michael J. Truncale. Signed by District Judge Michael J. Truncale on 9/14/20. (tkd, )
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Filing 6
ORDER granting #2 Motion for Leave to File Memorandum in Excess of Page Limit. Signed by District Judge Michael J. Truncale on 09/14/2020. (bmf, )
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| Filing 5 NOTICE by Jefferson Southern Star Pipeline, LLC of Intent to Oppose Plaintiff's Application for Temporary Restraining Order, Preliminary Injunction, and Permanent Injunction (Popov, Christopher) |
| Filing 4 SUMMONS issued and emailed to Plaintiff's attorney for service as to Jefferson Southern Star Pipeline, LLC, Todd T Semonite, U.S. Army Corps of Engineers, Timothy R Vail, US Attorney, US Attorney General. (bjc, ) |
| Case assigned to District Judge Michael J. Truncale. (bjc, ) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (bjc, ) |
| Filing 3 MOTION for Temporary Restraining Order , Preliminary Injunction, Permanent Injunction and Request for Hearing and Memorandum in Support by Optimus Steel, LLC. (Attachments: #1 Appendix, #2 Text of Proposed Order)(Ray, James) |
| Filing 2 MOTION for Leave to File Memorandum in Excess of Page Limit by Optimus Steel, LLC. (Attachments: #1 Text of Proposed Order)(Ray, James) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief and Request for Hearing against Jefferson Southern Star Pipeline, LLC, Lieutenant General Todd T. Semonite (in his official capacity as Chief of Engineers and Commanding General of the U.S. Army of Engineers, U.S. Army Corps of Engineers, Colonel Timothy R. Vail (in his official capacity as U.S. Army Corps of Engineers Galvevston District Commander ( Filing fee $ 400 receipt number 0540-7995206.), filed by Optimus Steel, LLC. (Attachments: #1 Civil Cover Sheet)(Ray, James) (Attachment 1 replaced on 9/11/2020 with flattened image) (bjc, ). Modified on 9/11/2020 (bjc, ). |
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