EL PASO WATER UTILITIES - PUBLIC SERVICE BOARD, for and on behalf of the City of El Paso, Texas, a Texas municipal corporation v. JAMES C. KENNEY, in his official capacity as Cabinet Secretary of the NEW MEXICO ENVIRONMENT DEPARTMENT et al
Plaintiff: EL PASO WATER UTILITIES - PUBLIC SERVICE BOARD, for and on behalf of the City of El Paso, Texas, a Texas municipal corporation
Defendant: JAMES C. KENNEY, in his official capacity as Cabinet Secretary of the NEW MEXICO ENVIRONMENT DEPARTMENT, JOHN RHODERICK, in his official capacity as Water Protection Division Acting Director of the NEW MEXICO ENVIRONMENT DEPARTMENT, WILLIAM BRANCARD, KEITH CANDELARIA, LARRY DOMINGUEZ, KRISTA McWILLIAMS, PURVI MODY, KATIE ZEMLICK, KIRK PATTEN, KELSEY RADER, DAVID SYPHER, BONNIE FREY, BRUCE THOMSON, TOBY VELASQUEZ and EDWARD VIGIL,, William Brancard, Keith Candelaria, Larry Dominguez, Krista McWlliams, Purvi Mody, Katie Zemlick, Kirk Patten, Kelsey Rader, David Sypher, Bonnie Frey, Bruce Thomson, Toby Velasquez and Edward Vigil
Case Number: 3:2022cv00460
Filed: December 13, 2022
Court: US District Court for the Western District of Texas
Presiding Judge: David Briones
Nature of Suit: Environmental Matters
Cause of Action: 28 U.S.C. § 2201 Constitutionality of State Statute(s)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 13, 2023 Opinion or Order Filing 13 ORDER GRANTING #11 Motion to Appear Pro Hac Vice for Attorney Andrew Philip Knight for JAMES C. KENNEY, in his official capacity as Cabinet Secretary of the NEW MEXICO ENVIRONMENT DEPARTMENT,Andrew Philip Knight for JOHN RHODERICK, in his official capacity as Water Protection Division Acting Director of the NEW MEXICO ENVIRONMENT DEPARTMENT. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge David Briones. (lc3)
January 13, 2023 Opinion or Order Filing 12 ORDER GRANTING #10 Motion for Extension of Time to Answer re #10 Unopposed MOTION for Extension of Time to File Answer or Other Responsive Pleading ; William Brancard answer due 3/13/2023; Keith Candelaria answer due 3/13/2023; Larry Dominguez answer due 3/13/2023; Bonnie Frey answer due 3/13/2023; JAMES C. KENNEY, in his official capacity as Cabinet Secretary of the NEW MEXICO ENVIRONMENT DEPARTMENT answer due 3/13/2023; JOHN RHODERICK, in his official capacity as Water Protection Division Acting Director of the NEW MEXICO ENVIRONMENT DEPARTMENT answer due 3/13/2023; Krista McWlliams answer due 3/13/2023; Purvi Mody answer due 3/13/2023; Kirk Patten answer due 3/13/2023; Kelsey Rader answer due 3/13/2023; David Sypher answer due 3/13/2023; Bruce Thomson answer due 3/13/2023; Toby Velasquez answer due 3/13/2023; Edward Vigil answer due 3/13/2023; Katie Zemlick answer due 3/13/2023. Signed by Judge David Briones. (lc3)
January 12, 2023 Opinion or Order Filing 11 MOTION to Appear Pro Hac Vice by JAMES C. KENNEY, in his official capacity as Cabinet Secretary of the NEW MEXICO ENVIRONMENT DEPARTMENT, JOHN RHODERICK, in his official capacity as Water Protection Division Acting Director of the NEW MEXICO ENVIRONMENT DEPARTMENT. (lc3)
January 12, 2023 Opinion or Order Filing 10 Unopposed MOTION for Extension of Time to File Answer or Other Responsive Pleading by William Brancard, Larry Dominguez, Bonnie Frey, JAMES C. KENNEY, in his official capacity as Cabinet Secretary of the NEW MEXICO ENVIRONMENT DEPARTMENT, JOHN RHODERICK, in his official capacity as Water Protection Division Acting Director of the NEW MEXICO ENVIRONMENT DEPARTMENT, Krista McWlliams, Purvi Mody, Kirk Patten, Kelsey Rader, David Sypher, Bruce Thomson, Toby Velasquez, Edward Vigil, Katie Zemlick. (Attachments: #1 Proposed Order)(Frobisher Schremmer, Kelsey)
January 12, 2023 Opinion or Order Filing 9 ORDER GRANTING #8 Motion to Appear Pro Hac Vice for Attorney Kelsey N. Frobisher Schremmer for William Brancard,Kelsey N. Frobisher Schremmer for Keith Candelaria,Kelsey N. Frobisher Schremmer for Larry Dominguez,Kelsey N. Frobisher Schremmer for EL PASO WATER UTILITIES - PUBLIC SERVICE BOARD, for and on behalf of the City of El Paso, Texas, a Texas municipal corporation,Kelsey N. Frobisher Schremmer for Bonnie Frey,Kelsey N. Frobisher Schremmer for Krista McWlliams,Kelsey N. Frobisher Schremmer for Purvi Mody,Kelsey N. Frobisher Schremmer for Kirk Patten,Kelsey N. Frobisher Schremmer for Kelsey Rader,Kelsey N. Frobisher Schremmer for David Sypher,Kelsey N. Frobisher Schremmer for Bruce Thomson,Kelsey N. Frobisher Schremmer for Toby Velasquez,Kelsey N. Frobisher Schremmer for Edward Vigil,Kelsey N. Frobisher Schremmer for Katie Zemlick. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge David Briones. (lc3)
January 11, 2023 Opinion or Order Filing 8 MOTION to Appear Pro Hac Vice by William Brancard, Keith Candelaria, Larry Dominguez, EL PASO WATER UTILITIES - PUBLIC SERVICE BOARD, for and on behalf of the City of El Paso, Texas, a Texas municipal corporation, Bonnie Frey, Krista McWlliams, Purvi Mody, Kirk Patten, Kelsey Rader, David Sypher, Bruce Thomson, Toby Velasquez, Edward Vigil, Katie Zemlick. (lc3)
December 30, 2022 Opinion or Order Filing 7 SUMMONS Returned Executed by EL PASO WATER UTILITIES - PUBLIC SERVICE BOARD, for and on behalf of the City of El Paso, Texas, a Texas municipal corporation. JOHN RHODERICK, in his official capacity as Water Protection Division Acting Director of the NEW MEXICO ENVIRONMENT DEPARTMENT served on 12/21/2022, answer due 1/11/2023. (Seaquist, Gunnar)
December 30, 2022 Opinion or Order Filing 6 SUMMONS Returned Executed by EL PASO WATER UTILITIES - PUBLIC SERVICE BOARD, for and on behalf of the City of El Paso, Texas, a Texas municipal corporation. JAMES C. KENNEY, in his official capacity as Cabinet Secretary of the NEW MEXICO ENVIRONMENT DEPARTMENT served on 12/21/2022, answer due 1/11/2023. (Seaquist, Gunnar)
December 19, 2022 Opinion or Order Filing 5 Summons Issued as to JAMES C. KENNEY, in his official capacity as Cabinet Secretary of the NEW MEXICO ENVIRONMENT DEPARTMENT, JOHN RHODERICK, in his official capacity as Water Protection Division Acting Director of the NEW MEXICO ENVIRONMENT DEPARTMENT, WILLIAM BRANCARD, KEITH CANDELARIA, LARRY DOMINGUEZ, KRISTA McWILLIAMS, PURVI MODY, KATIE ZEMLICK, KIRK PATTEN, KELSEY RADER, DAVID SYPHER, BONNIE FREY, BRUCE THOMSON, TOBY VELASQUEZ and EDWARD VIGIL,. (lc3)
December 16, 2022 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS by EL PASO WATER UTILITIES - PUBLIC SERVICE BOARD, for and on behalf of the City of El Paso, Texas, a Texas municipal corporation. (Seaquist, Gunnar)
December 15, 2022 Opinion or Order Filing 3 Summons Issued as to JAMES C. KENNEY, in his official capacity as Cabinet Secretary of the NEW MEXICO ENVIRONMENT DEPARTMENT, JOHN RHODERICK, in his official capacity as Water Protection Division Acting Director of the NEW MEXICO ENVIRONMENT DEPARTMENT, WILLIAM BRANCARD, KEITH CANDELARIA, LARRY DOMINGUEZ, KRISTA McWILLIAMS, PURVI MODY, KATIE ZEMLICK, KIRK PATTEN, KELSEY RADER, DAVID SYPHER, BONNIE FREY, BRUCE THOMSON, TOBY VELASQUEZ and EDWARD VIGIL,. (lc3)
December 13, 2022 Opinion or Order Case assigned to Judge David Briones. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (lc3)
December 13, 2022 Opinion or Order If ordered by the court, all referrals will be assigned to Magistrate Judge Berton (lc3)
December 13, 2022 Opinion or Order Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by EL PASO WATER UTILITIES - PUBLIC SERVICE BOARD, for and on behalf of the City of El Paso, Texas, a Texas municipal corporation. (Seaquist, Gunnar)
December 13, 2022 Opinion or Order Filing 1 COMPLAINT ( Filing fee $ 402 receipt number ATXWDC-16854170), filed by EL PASO WATER UTILITIES - PUBLIC SERVICE BOARD, for and on behalf of the City of El Paso, Texas, a Texas municipal corporation. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Seaquist, Gunnar)

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Plaintiff: EL PASO WATER UTILITIES - PUBLIC SERVICE BOARD, for and on behalf of the City of El Paso, Texas, a Texas municipal corporation
Represented By: Gunnar Peterson Seaquist
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Defendant: JAMES C. KENNEY, in his official capacity as Cabinet Secretary of the NEW MEXICO ENVIRONMENT DEPARTMENT
Represented By: Andrew Philip Knight
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Defendant: JOHN RHODERICK, in his official capacity as Water Protection Division Acting Director of the NEW MEXICO ENVIRONMENT DEPARTMENT
Represented By: Andrew Philip Knight
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Defendant: WILLIAM BRANCARD, KEITH CANDELARIA, LARRY DOMINGUEZ, KRISTA McWILLIAMS, PURVI MODY, KATIE ZEMLICK, KIRK PATTEN, KELSEY RADER, DAVID SYPHER, BONNIE FREY, BRUCE THOMSON, TOBY VELASQUEZ and EDWARD VIGIL,
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Defendant: William Brancard
Represented By: Kelsey N. Frobisher Schremmer
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Defendant: Keith Candelaria
Represented By: Kelsey N. Frobisher Schremmer
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Defendant: Larry Dominguez
Represented By: Kelsey N. Frobisher Schremmer
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Defendant: Krista McWlliams
Represented By: Kelsey N. Frobisher Schremmer
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Defendant: Purvi Mody
Represented By: Kelsey N. Frobisher Schremmer
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Defendant: Katie Zemlick
Represented By: Kelsey N. Frobisher Schremmer
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Defendant: Kirk Patten
Represented By: Kelsey N. Frobisher Schremmer
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Defendant: Kelsey Rader
Represented By: Kelsey N. Frobisher Schremmer
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Defendant: David Sypher
Represented By: Kelsey N. Frobisher Schremmer
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Defendant: Bonnie Frey
Represented By: Kelsey N. Frobisher Schremmer
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Defendant: Bruce Thomson
Represented By: Kelsey N. Frobisher Schremmer
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Defendant: Toby Velasquez
Represented By: Kelsey N. Frobisher Schremmer
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Defendant: Edward Vigil
Represented By: Kelsey N. Frobisher Schremmer
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