Utah Physicians for a Healthy Environment et al v. Kennecott Utah Copper LLC

Justia Dockets & Filings Tenth Circuit Utah District Court Utah Physicians for a Healthy Environment et al v. Kennecott Utah Copper LLC

Utah Physicians for a Healthy Environment et al v. Kennecott Utah Copper LLC

Plaintiff:	Utah Physicians for a Healthy Environment, WildEarth Guardians, Utah Moms for Clean Air and Sierra Club
Defendant:	Kennecott Utah Copper LLC
Case Number:	2:2011cv01181
Filed:	December 19, 2011
Court:	US District Court for the District of Utah
Office:	Central Office
County:	Salt Lake
Presiding Judge:	Robert J Shelby
Nature of Suit:	Environmental Matters
Cause of Action:	42 U.S.C. § 7413
Jury Demanded By:	None

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Docket Report

This docket was last retrieved on June 9, 2016. A more recent docket listing may be available from PACER.

Date Filed	Document Text
June 9, 2016	Filing 59 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that Defendants Motion for Summary Judgment is granted and Plaintiffs Motion for Summary Judgment is denied, signed by AWM Chief Deputy Clerk. Case Closed. (jds)
June 8, 2016	Filing 58 MEMORANDUM DECISION AND ORDER granting #38 Defendants Motion for Summary Judgment ; denying #40 Plaintiffs Motion for Summary Judgment. The Clerk of Court is directed to close the case. Signed by Judge Robert J. Shelby on 6/8/2016. (jds)
January 21, 2014	Filing 57 DOCKET TEXT ORDER - The court orders the parties to follow the Short Form Discovery Motion procedure as outlined in the attached document in this case for all discovery disputes arising after this date. Signed by Judge Robert J. Shelby on 01/21/2014. (rks)
October 3, 2013	Filing 55 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION FOR SUMMARY JUDGMENT held on SEPTEMBER 24, 2013 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber RAYMOND P. FENLON, Telephone number (801) 809-4634. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/24/2013. Redacted Transcript Deadline set for 11/4/2013. Release of Transcript Restriction set for 1/2/2014. (asp) Modified on 1/3/2014 by removing restricted text (las).
September 24, 2013	Filing 54 Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 9/24/2013 re #40 MOTION for Summary Judgment and Memorandum in Support filed by Utah Physicians for a Healthy Environment, Utah Moms for Clean Air, WildEarth Guardians, Sierra Club, #38 MOTION for Summary Judgment and Memorandum in Support filed by Kennecott Utah Copper LLC. The court hears oral argument and takes the matter under advisement. Attorney for Plaintiff: Joro Walker, Samantha Ruscavage-Barz, Attorney for Defendant: Michael Zody, Michael Larsen, John Jacus. Court Reporter: Ray Fenlon.(mjm)
September 18, 2013	Filing 53 NOTICE of SUPPLEMENTAL AUTHORITY by Kennecott Utah Copper LLC re #38 MOTION for Summary Judgment and Memorandum in Support (Attachments: #1 Exhibit Wisconsin Resources Protection Council v. Flambeau Mining Co.) (Zody, Michael)
May 23, 2013	Filing 52 REPLY to Response to Motion re #38 MOTION for Summary Judgment and Memorandum in Support filed by Defendant Kennecott Utah Copper LLC. (Attachments: #1 Exhibit 2001 SIP Extension & Attainment Determination)(Zody, Michael)
May 23, 2013	Filing 51 REPLY to Response to Motion re #40 MOTION for Summary Judgment and Memorandum in Support filed by Plaintiffs Sierra Club, Utah Moms for Clean Air, Utah Physicians for a Healthy Environment, WildEarth Guardians. (Attachments: #1 Exhibit Rule Excerpt, #2 Exhibit Utah SIP Excerpt, #3 Exhibit Utah SIP Excerpt)(Ruscavage-Barz, Samantha)
May 1, 2013	Filing 50 ORDER granting #49 Motion for Extension of Time to File Response/Reply re #38 MOTION for Summary Judgment and Memorandum in Support Replies due by 5/23/2013. Signed by Judge Robert J. Shelby on 05/01/2013. (tls)
May 1, 2013	Filing 49 MOTION to Amend/Correct #44 Order on Motion for Extension of Time to File Response/Reply,, filed by Defendant Kennecott Utah Copper LLC. (Attachments: #1 Text of Proposed Order)(Santini, Jacob) Modified on 5/1/2013 ; changed relief from to Amend/Correct to for Extension of Time to File Response/Reply (asp).
May 1, 2013	Filing 48 NOTICE OF HEARING ON MOTION re: #40 MOTION for Summary Judgment and Memorandum in Support , #38 MOTION for Summary Judgment and Memorandum in Support : (Notice generated by Mary Jane McNamee) Motion Hearing set for 9/24/2013 at 2:30 PM in Room 220 before Judge Robert J. Shelby. (mjm)
April 19, 2013	Filing 47 RESPONSE to Motion re #38 MOTION for Summary Judgment and Memorandum in Support filed by Plaintiffs Sierra Club, Utah Moms for Clean Air, Utah Physicians for a Healthy Environment, WildEarth Guardians. (Attachments: #1 Exhibit)(Ruscavage-Barz, Samantha)
April 19, 2013	Filing 46 APPENDIX to #45 Response to Motion filed by Defendant Kennecott Utah Copper LLC . (Attachments: #1 Exhibit A: 2009-2011 Design Value, #2 Exhibit B: August 7, 2012 E-Mail, #3 Exhibit C: June 2002 Utah Co. SIP, #4 Exhibit D: 1992 Utah Co. SIP, #5 Exhibit E: R307-203-1, #6 Exhibit F: R307-325-1, #7 Exhibit G: April 18, 2002 Letter, #8 Exhibit H: July 6, 2005 Maintenance Plan, #9 Exhibit I: Response to Comments re: 2005 SIP, #10 Exhibit J: July 6, 2005 SIP, #11 Exhibit K: May 4, 2011 SIP Amendment, #12 Exhibit L: June 27, 2011 Letter, #13 Exhibit M: July 11, 2011 Letter, #14 Exhibit N: October 7, 2011 Withdrawal Letter, #15 Exhibit O: January 31, 2013 Withdrawal Letter, #16 Exhibit P: R307-305, #17 Exhibit Q: WEG Notice of Intent to Sue, #18 Exhibit R: UPHE Discovery Responses)(Zody, Michael)
April 19, 2013	Filing 45 RESPONSE to Motion re #40 MOTION for Summary Judgment and Memorandum in Support filed by Defendant Kennecott Utah Copper LLC. (Zody, Michael)
April 5, 2013	Filing 44 ORDER granting #43 Motion for Extension of Time to File Response/Reply re #40 MOTION for Summary Judgment and Memorandum in Support #38 MOTION for Summary Judgment and Memorandum in Support The deadline for filing and serving memoranda in opposition to summary judgment motions is extended to from April 12, 2013 to April 19, 2013, and any reply memoranda in support of the motions is to be filed on or before May 13, 2013. Signed by Judge Robert J. Shelby on 04/05/2013. (tls)
April 4, 2013	Filing 43 Second MOTION for Extension of Time to File Response/Reply to Motions for Summary Judgment filed by Plaintiffs Sierra Club, Utah Moms for Clean Air, Utah Physicians for a Healthy Environment, WildEarth Guardians. (Attachments: #1 Text of Proposed Order)(Ruscavage-Barz, Samantha)
February 26, 2013	Filing 42 ORDER granting #41 Motion for Extension of Time to File Response/Reply re #40 MOTION for Summary Judgment and Memorandum in Support , #38 MOTION for Summary Judgment and Memorandum in Support. Responses due by 4/12/2013. Replies due by 4/26/2013. Signed by Judge Robert J. Shelby on 02/26/2013. (asp)
February 26, 2013	Filing 41 Plaintiff's MOTION to Amend/Correct #37 Order on Motion for Scheduling Order filed by Plaintiffs Sierra Club, Utah Moms for Clean Air, Utah Physicians for a Healthy Environment, WildEarth Guardians. (Attachments: #1 Text of Proposed Order)(Ruscavage-Barz, Samantha) Modified on 2/26/2013 ; changed relief from to Amend/Correct to for Extension of Time to File Response/Reply (asp).
January 25, 2013	Filing 40 MOTION for Summary Judgment and Memorandum in Support filed by Plaintiffs Sierra Club, Utah Moms for Clean Air, Utah Physicians for a Healthy Environment, WildEarth Guardians. (Attachments: #1 Exhibit Moench Declaration, #2 Exhibit Coon Declaration, #3 Exhibit Kessler Declaration, #4 Exhibit Udell Declaration, #5 Exhibit Marshall Declaration, #6 Exhibit Wagner Declaration, #7 Exhibit 2005 SIP Withdrawal, #8 Exhibit 2011 SIP Submission)(Ruscavage-Barz, Samantha)
January 25, 2013	Filing 39 APPENDIX to #38 MOTION for Summary Judgment and Memorandum in Support filed by Defendant Kennecott Utah Copper LLC . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7-1, #8 Exhibit 7-2, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10)(Zody, Michael)
January 25, 2013	Filing 38 MOTION for Summary Judgment and Memorandum in Support filed by Defendant Kennecott Utah Copper LLC. (Zody, Michael)
December 18, 2012	Filing 37 ORDER granting #36 Motion for Scheduling Order. Motions due by 1/25/2013. See Order for Additional Details. Signed by Judge Robert J. Shelby on 12/18/2012. (tls)
December 18, 2012	Filing 36 Joint MOTION to Amend/Correct Scheduling Order filed by Defendant Kennecott Utah Copper LLC. (Attachments: #1 Text of Proposed Order)(Larsen, Michael) Modified on 12/18/2012 by changing event type from Motion to Amend/Correct to Motion for Scheduling (tls).
November 6, 2012	Filing 35 ORDER granting #34 Motion for Scheduling Order Motions due by 1/9/2013. Signed by Judge Robert J. Shelby on 11/06/2012. (tls)
November 6, 2012	Filing 34 Stipulated MOTION to Amend/Correct Scheduling Order filed by Defendant Kennecott Utah Copper LLC. (Attachments: #1 Text of Proposed Order)(Larsen, Michael) Modified on 11/6/2012 by changing event type from Motion to Amend/Correct to Motion for Scheduling Order (tls).
October 9, 2012	Filing 33 REASSIGNMENT to Newly Appointed District Judge. Case Reassigned to District Judge Robert J. Shelby. Judge David Nuffer no longer assigned to the case. Case number will now read 2:11-cv-01181-RJS. Please make changes to document captions accordingly. (rks)
July 16, 2012	Filing 32 SCHEDULING ORDER: Expert Discovery due by 10/19/2012. Motions due by 11/19/2012. Signed by Magistrate Judge Evelyn J. Furse on 7/16/12 (alt)
July 11, 2012	Filing 31 Minute Entry for proceedings held before Magistrate Judge Evelyn J. Furse: Initial Pretrial Conference held on 7/11/2012. After a discussion with counsel, the court sets scheduling order dates. Discovery will be limited to issues of liability and standing. Within 15 days of ruling on dispositive motion, counsel for plaintiff is to file a proposed stipulated scheduling order with remaining dates. Attorney for Plaintiff: Charles Dubuc, Esq; Samantha Ruscavage-Barz, Esq., Attorney for Defendant: John Jacus, Esq; Michael Zody, Esq. Court Reporter: Liberty Court Recorder. (tab)
July 9, 2012	Filing 30 NOTICE of Appearance by Charles R. Dubuc on behalf of Utah Moms for Clean Air, Utah Physicians for a Healthy Environment (Dubuc, Charles)
May 31, 2012	Filing 29 DOCKET TEXT ORDER granting #28 Motion for Admission Pro Hac Vice of John R. Jacus for Kennecott Utah Copper LLC. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov So ordered by Judge David Nuffer on 5/30/12 (docket text only - no attached document) (alt)
May 30, 2012	Filing 28 MOTION for Admission Pro Hac Vice of John R. Jacus , Registration fee $ 15, receipt number 4681051066, filed by Defendant Kennecott Utah Copper LLC. (Attachments: #1 Exhibit Application for Admission, #2 Exhibit ECF Registration, #3 Text of Proposed Order Pro Hac Vice Admission)(Zody, Michael)
May 23, 2012	Filing 27 REPORT OF ATTORNEY PLANNING MEETING. (Zody, Michael)
May 9, 2012	Filing 26 AMENDED NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Theresa Brown)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at # http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 30 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to #ipt@utd.uscourts.gov30 days before the scheduled hearing. See instructions at # http://www.utd.uscourts.gov/documents/ipt.html Initial Pretrial Conference set for 7/11/2012 10:30 AM in Room 477 before Magistrate Judge Evelyn J. Furse. PLEASE NOTE CHANCE IN DATE: Hearing has been moved from 06/13/12 to 07/11/12 to allow counsel to prepare APR and proposed scheduling order. (tab)
April 2, 2012	Filing 25 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Theresa Browm)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at # http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 30 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to #ipt@utd.uscourts.gov30 days before the scheduled hearing. See instructions at # http://www.utd.uscourts.gov/documents/ipt.html Initial Pretrial Conference set for 6/13/2012 10:30 AM in Room 477 before Judge David Nuffer (DJ). (tab)
March 27, 2012	Filing 24 REASSIGNMENT to Newly Appointed District Judge. Case Reassigned to District Judge David Nuffer (DJ). Magistrate Judge David Nuffer (MJ) no longer assigned to the case. Case number will now read 2:11-cv-01181-DN.(alp)
March 21, 2012	Filing 23 NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (asp)
March 20, 2012	Filing 22 ANSWER to #16 Amended Complaint, filed by Kennecott Utah Copper LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Zody, Michael)
February 23, 2012	Filing 21 NOTICE of Appearance by Elizabeth A. Schulte on behalf of All Defendants (Schulte, Elizabeth)
February 15, 2012	Filing 20 CONSENT to Jurisdiction by US Magistrate Judge under 28 U.S.C. 636(c) by Plaintiff Sierra Club. (alp)
February 15, 2012	Filing 19 RECEIVED Consent/Reassignment Form from Plaintiff Sierra Club. (alp)
February 13, 2012	Filing 18 NOTICE FROM THE COURT re #17 Notice of Presiding Magistrate Assignment - this notice is to be filled out and returned to the court by party Sierra Club only. (alp)
February 13, 2012	Filing 17 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Plaintiff Sierra Club. Form due by 2/28/2012. (alp)
February 9, 2012	Filing 16 AMENDED COMPLAINT for Declaratory and Injunctive Relief against Kennecott Utah Copper LLC. New Plaintiffs: Sierra Club., filed by Utah Physicians for a Healthy Environment, Utah Moms for Clean Air, WildEarth Guardians. (Ruscavage-Barz, Samantha)
February 9, 2012	Filing 15 NOTICE of Appearance by Jacob A. Santini on behalf of Kennecott Utah Copper LLC (Santini, Jacob)
February 8, 2012	Filing 14 ORDER granting #13 Motion for Leave to File a First Amended Complaint. Signed by Magistrate Judge David Nuffer on 2/8/12. (alp)
February 8, 2012	Filing 13 Stipulated MOTION for Leave to File First Amended Complaint filed by Defendant Kennecott Utah Copper LLC. (Attachments: #1 Text of Proposed Order)(Zody, Michael)
February 7, 2012	Filing 12 NOTICE of Appearance by Michael L. Larsen on behalf of Kennecott Utah Copper LLC (Larsen, Michael)
February 6, 2012	Filing 11 CONSENT to Jurisdiction by US Magistrate Judge under 28 U.S.C. 636(c) by Defendant Kennecott Utah Copper LLC, Plaintiffs Utah Moms for Clean Air, Utah Physicians for a Healthy Environment, WildEarth Guardians. (alp)
February 6, 2012	Filing 10 RECEIVED Consent/Reassignment Form from Defendant Kennecott Utah Copper LLC. (alp)
January 31, 2012	Filing 9 ORDER OF RECUSAL Magistrate Judge Samuel Alba recused. Case reassigned to Magistrate Judge David Nuffer for all further proceedings. Signed by Magistrate Judge Samuel Alba on 1/31/2012. (cas)
January 18, 2012	Filing 8 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Defendant Kennecott Utah Copper LLC, Plaintiffs Utah Moms for Clean Air, Utah Physicians for a Healthy Environment, WildEarth Guardians (consent form previously received by. Form due by 2/2/2012. (alp)
January 17, 2012	Filing 7 NOTICE OF ADR, e-mailed or mailed to Defendant Kennecott Utah Copper LLC, Plaintiffs Utah Moms for Clean Air, Utah Physicians for a Healthy Environment, WildEarth Guardians. (asp)
January 15, 2012	Filing 6 WAIVER OF SERVICE Returned Executed filed by Utah Physicians for a Healthy Environment, Utah Moms for Clean Air, WildEarth Guardians as to Kennecott Utah Copper LLC Waiver sent on 1/6/2012, answer due 3/6/2012. (Ruscavage-Barz, Samantha)
December 28, 2011	Filing 5 RECEIVED Consent/Reassignment Form from Plaintiffs Utah Moms for Clean Air, Utah Physicians for a Healthy Environment, WildEarth Guardians. NOTE: Consent form was not yet requested by the Court as all parties have not yet entered an appearance. Form will be held by Consent Clerk, no further action will be taken at this time. (alp)
December 27, 2011	Filing 4 ORDER granting #3 Motion for Admission Pro Hac Vice of Samantha Ruscavage-Barz for WildEarth Guardians. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Magistrate Judge Samuel Alba on 12/27/2011. (asp)
December 19, 2011	Filing 3 First MOTION for Admission Pro Hac Vice of Samantha Ruscavage Barz , Registration fee $ 15, receipt number 1088-1495478, filed by Plaintiffs Utah Moms for Clean Air, Utah Physicians for a Healthy Environment. (Attachments: #1 Exhibit pro hoc exh A, #2 Text of Proposed Order pro hoc proposed order)(Walker, Joro)
December 19, 2011	Filing 2 COMPLAINT against Kennecott Utah Copper LLC (Filing fee $ 350, receipt number 1088-1495451), filed by Utah Physicians for a Healthy Environment, Utah Moms for Clean Air, WildEarth Guardians. (Attachments: #1 Civil Cover Sheet civil cover sheet) Assigned to Magistrate Judge Samuel Alba (Walker, Joro)
December 19, 2011	Filing 1 Case has been indexed and assigned to Magistrate Judge Samuel Alba. Plaintiffs Utah Moms for Clean Air, Utah Physicians for a Healthy Environment, WildEarth Guardians is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 350.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (lnp)

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Plaintiff: Utah Physicians for a Healthy Environment
Represented By:	Charles R. Dubuc
Represented By:	Joro Walker
Represented By:	Samantha Ruscavage-Barz
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Plaintiff: WildEarth Guardians
Represented By:	Samantha Ruscavage-Barz
Represented By:	Joro Walker
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Plaintiff: Utah Moms for Clean Air
Represented By:	Charles R. Dubuc
Represented By:	Joro Walker
Represented By:	Samantha Ruscavage-Barz
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Plaintiff: Sierra Club
Represented By:	Joro Walker
Represented By:	Samantha Ruscavage-Barz
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Defendant: Kennecott Utah Copper LLC
Represented By:	John R. Jacus
Represented By:	Michael A. Zody
Represented By:	Elizabeth A. Schulte
Represented By:	Jacob A. Santini
Represented By:	Michael L. Larsen
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