Air Products and Chemicals, Inc et al v. General Services Administration et al
| Air Products and Chemicals, Inc and Air Products LLC |
| General Services Administration, Robin Carnahan, United States Department of the Interior, Debra Haaland, Bureau of Land Management and Tracy Stone-Manning |
| Compressed Gas Association |
| 2:2023cv00147 |
| September 7, 2023 |
| US District Court for the Northern District of Texas |
| Matthew J Kacsmaryk |
| Lee Ann Reno |
| Other Statutes: Administrative Procedure Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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Filing 39
ORDER: Plaintiffs have not shown standing, nor have they pled ripe claims directed toward a final agency action. Even if they had, Plaintiffs nevertheless fail to make the requisite showing for a preliminary injunction. This Court finds that Defendants' actions are neither contrary to the Helium Stewardship Act nor "arbitrary and capricious" under the Administrative Procedure Act. Accordingly, Plaintiffs' Motion is DENIED and Defendants' Motion is GRANTED. re: #6 Motion for Preliminary Injunction; #21 Motion to Dismiss; #36 Motion for Leave to File. (Ordered by Judge Matthew J. Kacsmaryk on 11/2/2023) (awc)
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| Filing 38 RESPONSE filed by Air Products LLC, Air Products and Chemicals, Inc re: #37 Notice (Other), (LeGrand, Andrew) |
| Filing 37 NOTICE of Agency Decision to Modify the Invitation for Bids and Reset the Bid Opening Date to January 25, 2024. re: #28 Notice (Other), filed by Bureau of Land Management, Robin Carnahan, General Services Administration, Debra Haaland, Tracy Stone-Manning, United States Department of the Interior (Holland, Liam) |
| Filing 36 Unopposed MOTION for Leave to File Supplemental Material in Support of Motion for Preliminary Injunction filed by Air Products LLC, Air Products and Chemicals, Inc (Attachments: #1 Notice of Supplemental Material, #2 Exhibit A, #3 Proposed Order) (LeGrand, Andrew) |
| Filing 35 REPLY filed by Bureau of Land Management, Robin Carnahan, General Services Administration, Debra Haaland, Tracy Stone-Manning, United States Department of the Interior re: #21 MOTION to Dismiss (Holland, Liam) |
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Filing 34
ORDER GRANTING JOINT MOTION TO EXTEND DEADLINE re: #31 Motion to Extend Time. The parties shall submit their Joint Proposed Scheduling Order within 30 days of the Court ruling on the pending motion for preliminary injunction and the pending motion to dismiss. (Ordered by Magistrate Judge Lee Ann Reno on 10/25/2023) (awc)
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Filing 33
ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION FOR LEAVE TO FILE A REPLY BRIEF IN EXCESS OF PAGE LIMIT re: #32 Motion for Leave to File. The Court permits the Defendants to file a reply brief in support of their motion to dismiss not to exceed 20 pages. (Ordered by Magistrate Judge Lee Ann Reno on 10/25/2023) (awc)
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| Filing 32 Unopposed MOTION for Leave to File Excess Pages filed by Bureau of Land Management, Robin Carnahan, General Services Administration, Debra Haaland, Tracy Stone-Manning, United States Department of the Interior with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Holland, Liam) |
| Filing 31 Joint MOTION to Extend Time of Deadline for Filing a Joint Proposed Scheduling Order filed by Air Products LLC, Air Products and Chemicals, Inc (Attachments: #1 Proposed Order) (LeGrand, Andrew) |
| Filing 30 REPLY filed by Air Products LLC, Air Products and Chemicals, Inc re: #6 MOTION for Injunction Motion for Preliminary Injunction, #21 MOTION to Dismiss (LeGrand, Andrew) |
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Filing 29
ORDER granting #20 Motion for Leave to Appear as Amicus Curiae. (Ordered by Judge Matthew J. Kacsmaryk on 10/13/2023) (awc)
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| Filing 28 NOTICE of Agency Consideration Whether to Modify the Invitation for Bids and the Date Bids are Due filed by Bureau of Land Management, Robin Carnahan, General Services Administration, Debra Haaland, Tracy Stone-Manning, United States Department of the Interior (Holland, Liam) |
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Filing 27
ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION TO FILE A CONSOLIDATED BRIEF IN EXCESS OF PAGE LIMIT re: #26 Motion for Leave to File. The Court permits the Plaintiffs to file a consolidated brief not to exceed 30 pages. (Ordered by Magistrate Judge Lee Ann Reno on 10/10/2023) (awc)
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| Filing 26 Unopposed MOTION for Leave to File CONSOLIDATED BRIEF IN EXCESS OF 25 PAGES IN SUPPORT OF PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION AND IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS filed by Air Products LLC, Air Products and Chemicals, Inc (Attachments: #1 Proposed Order) (LeGrand, Andrew) |
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Filing 25
ORDER TO SUBMIT JOINT PROPOSED SCHEDULING ORDER: Joint Proposed Scheduling Order due by 10/31/2023. (See order for further specifics.) (Ordered by Magistrate Judge Lee Ann Reno on 10/4/2023) (cmk)
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Filing 24
STANDING ORDERS: This case is subject to the following standing orders, which concern: (1) compliance with the local counsel requirements of the Northern District of Texas; (2) required procedures for any discovery disputes that may arise in this case; and (3) required procedures for any motions for leave to file documents under seal. (Ordered by Magistrate Judge Lee Ann Reno on 10/4/2023) (cmk)
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| Filing 23 Appendix in Support filed by Bureau of Land Management, Robin Carnahan, General Services Administration, Debra Haaland, Tracy Stone-Manning, United States Department of the Interior re #22 Response/Objection, (Holland, Liam) |
| Filing 22 Brief in Support filed by Bureau of Land Management, Robin Carnahan, Debra Haaland, Tracy Stone-Manning, United States Department of the Interior re: #21 MOTION to Dismiss (Holland, Liam) Modified title on 10/4/2023 (nht). |
| Filing 21 MOTION to Dismiss filed by Bureau of Land Management, Robin Carnahan, General Services Administration, Debra Haaland, Tracy Stone-Manning, United States Department of the Interior (Attachments: #1 Proposed Order) (Holland, Liam) |
| Filing 20 MOTION filed by Compressed Gas Association (Attachments: #1 Exhibit(s) Amicus Brief, #2 Proposed Order Proposed Order). Party Compressed Gas Association added. (Goodrich, Brian) |
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Filing 19
ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION TO FILE A CONSOLIDATED BRIEF IN EXCESS OF PAGE LIMIT re: #18 Motion for Leave to File. The Court permits the Defendants to file a consolidated brief not to exceed 30 pages. (Ordered by Magistrate Judge Lee Ann Reno on 9/28/2023) (awc)
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| Filing 18 Unopposed MOTION for Leave to File a Consolidated Brief in Excess of 25 Pages filed by Bureau of Land Management, Robin Carnahan, General Services Administration, Debra Haaland, Tracy Stone-Manning, United States Department of the Interior with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Holland, Liam) |
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Filing 17
STANDING ORDER OF REFERENCE: This action is hereby REFERRED to U.S. Magistrate Judge Reno for pretrial management. (Ordered by Judge Matthew J. Kacsmaryk on 9/25/2023) (awc)
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| Filing 16 CERTIFICATE OF SERVICE by Air Products LLC, Air Products and Chemicals, Inc re #1 Complaint,,,,, #5 Summons Issued (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10) (LeGrand, Andrew) |
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Filing 15
ORDER granting Applications for Admission Pro Hac Vice of Helgard (Helgi) C. Walker, M. Kendall Day, David A. Schnitzer, Aaron Smith, and Nathaniel Tisa. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). re: #9 , #10 , #11 , #12 , and #14 . (Ordered by Judge Matthew J. Kacsmaryk on 9/18/2023) (awc)
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| Filing 14 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Nathaniel Tisa (Filing fee $100; Receipt number ATXNDC-14025345) filed by Air Products LLC, Air Products and Chemicals, Inc (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (LeGrand, Andrew) |
| Filing 13 NOTICE of Attorney Appearance by Liam Holland on behalf of Bureau of Land Management, Robin Carnahan, General Services Administration, Debra Haaland, Tracy Stone-Manning, United States Department of the Interior. (Filer confirms contact info in ECF is current.) (Holland, Liam) |
| Filing 12 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Aaron Smith (Filing fee $100; Receipt number ATXNDC-14025159) filed by Air Products LLC, Air Products and Chemicals, Inc (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (LeGrand, Andrew) |
| Filing 11 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney David A. Schnitzer (Filing fee $100; Receipt number ATXNDC-14025137) filed by Air Products LLC, Air Products and Chemicals, Inc (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (LeGrand, Andrew) |
| Filing 10 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney M. Kendall Day (Filing fee $100; Receipt number ATXNDC-14025106) filed by Air Products LLC, Air Products and Chemicals, Inc (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (LeGrand, Andrew) |
| Filing 9 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14025074) filed by Air Products LLC, Air Products and Chemicals, Inc (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Walker, Helgi) |
| Filing 8 Appendix in Support filed by Air Products LLC, Air Products and Chemicals, Inc re #6 MOTION for Injunction Motion for Preliminary Injunction (LeGrand, Andrew) |
| Filing 7 Brief/Memorandum in Support filed by Air Products LLC, Air Products and Chemicals, Inc re #6 MOTION for Injunction Motion for Preliminary Injunction (LeGrand, Andrew) |
| Filing 6 OPPOSED MOTION for Preliminary Injunction filed by Air Products LLC, Air Products and Chemicals, Inc (Attachments: #1 Proposed Order) (LeGrand, Andrew) Modified title on 9/12/2023 (daa). |
| Filing 5 Summons issued as to Bureau of Land Management, Robin Carnahan, General Services Administration, Debra Haaland, Tracy Stone-Manning, United States Department of the Interior, U.S. Attorney, and U.S. Attorney General. (awc) |
| Filing 4 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (No magistrate judge assigned). Clerk to provide copy to plaintiff if not received electronically. (awc) |
| Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Air Products LLC, Air Products and Chemicals, Inc. (Clerk QC note: No affiliate entered in ECF). (LeGrand, Andrew) |
| Filing 2 Request for Clerk to issue Summonses/Summons to General Services Administration filed by Air Products LLC, Air Products and Chemicals, Inc. (Attachments: #1 Summons to Robin Carnahan, #2 Summons to United States Department of the Interior, #3 Summons to Debra Haaland, #4 Summons to Bureau of Land Management, #5 Summons to Tracy Stone-Manning) (LeGrand, Andrew) |
| Filing 1 COMPLAINT against Bureau of Land Management, Robin Carnahan, General Services Administration, Debra Haaland, Tracy Stone-Manning, United States Department of the Interior filed by Air Products LLC, Air Products and Chemicals, Inc. (Filing fee $402; Receipt number ATXNDC-14015473) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet) (LeGrand, Andrew) |
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