BNSF Railway Company v. Clark County et al
| BNSF Railway Company |
| Richard Daviau, Mitch Nickolds, Clark County and Kevin A Pridemore |
| Friends of the Columbia Gorge, Inc. and Columbia River Gorge Commission |
| 3:2018cv05926 |
| November 13, 2018 |
| US District Court for the Western District of Washington |
| Benjamin H Settle |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on February 10, 2020. A more recent docket listing may be available from PACER.
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Filing 61
ORDER granting #59 Stipulated Motion for Scheduling Order: Plaintiff's Dispositive motions due by 1/31/2019. See order for remaining deadlines. Signed by Judge Benjamin H. Settle. (MGC)
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| Filing 60 ANSWER to #1 Complaint, and affirmative defenses by Columbia River Gorge Commission. (Attachments: #1 Certificate of Service)(Litwak, Jeffrey) |
| Filing 59 Stipulated MOTION for Scheduling Order, filed by Plaintiff BNSF Railway Company. Noting Date 12/21/2018, (Hobbs, J.) |
| Filing 58 ANSWER to #1 Complaint, by Friends of the Columbia Gorge, Inc..(Kahn, Gary) |
| Filing 57 MINUTE ENTRY for Preliminary Injunction Hearing held on 12/19/2018 before Judge Benjamin H. Settle - Dep Clerk: Gretchen Craft; Pla Counsel: Benjamin Horwich, Ginger Anders, Timothy Hobbs; Def Counsel: Jeffrey Litwak, Taylor Hallvik; CR: Debbie Zurn; Time of Hearing: 10:00; Courtroom: E; Court hears arguments of counsel and directs the parties to work together during a recess. Following the recess the parties indicate they have agreed that: BNSF will withdraw the motion for preliminary injunction, without prejudice; in about 30 days BNSF will provide Clark County with information that would normally be provided as part of a permit application; BNSF will dismiss the individual defendants, without prejudice; the parties will jointly submit an expedited, proposed scheduling order, as stated on the record. (MGC) |
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Filing 56
ORDER granting #24 Motion to Intervene. Signed by Judge Benjamin H. Settle. (MGC)
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Filing 55
ORDER granting #23 Motion to Intervene. Signed by Judge Benjamin H. Settle.(MGC)
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| Filing 54 NOTICE of Appearance by attorney Steven D McCoy on behalf of Intervenor Defendant Friends of the Columbia Gorge, Inc.. (McCoy, Steven) |
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Filing 53
ORDER granting #47 Motion for Leave to File Over-length Motions and Briefs. Signed by Judge Benjamin H. Settle. (MGC)
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| Filing 52 REPLY, filed by Plaintiff BNSF Railway Company, TO RESPONSE to #8 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: #1 Declaration of Harry Mann)(Hobbs, J.) |
| Filing 51 DECLARATION of James M. Lynch re #49 Status Report by Plaintiff BNSF Railway Company (Hobbs, J.) |
| Filing 50 DECLARATION of Donald R. Omsberg re #49 Status Report by Plaintiff BNSF Railway Company (Hobbs, J.) |
| Filing 49 STATUS REPORT Regarding BNSF's Motion for Preliminary Injunction by Plaintiff BNSF Railway Company (Hobbs, J.) |
| Filing 48 NOTICE of Appearance by attorney Curtis M Burns on behalf of Defendants Clark County, Richard Daviau, Mitch Nickolds, Kevin A Pridemore. (Burns, Curtis) |
| Filing 47 MOTION for Leave to File Over-length Motions and Briefs , filed by Plaintiff BNSF Railway Company. (Attachments: #1 Proposed Order) Noting Date 12/11/2018, (Hobbs, J.) |
| Filing 46 EXHIBIT B re #44 Response to Motion by Intervenor Defendant Friends of the Columbia Gorge, Inc. (McCoy, Steven) |
| Filing 45 EXHIBIT A re #44 Response to Motion by Intervenor Defendant Friends of the Columbia Gorge, Inc. (McCoy, Steven) |
| Filing 44 RESPONSE, by Intervenor Defendant Friends of the Columbia Gorge, Inc., to #8 MOTION for Temporary Restraining Order and Preliminary Injunction. Oral Argument Requested. (Attachments: #1 Certificate of Service)(McCoy, Steven) |
| Filing 43 DECLARATION of Vincent McGowan filed by Defendants Clark County, Richard Daviau, Mitch Nickolds, Kevin A Pridemore re #8 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: #1 Exhibit A, #2 Exhibit B)(Hallvik, Taylor) |
| Filing 42 DECLARATION of Alicia Lewis filed by Defendants Clark County, Richard Daviau, Mitch Nickolds, Kevin A Pridemore re #8 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: #1 Exhibit A)(Hallvik, Taylor) |
| Filing 41 DECLARATION of Richard Daviau filed by Defendants Clark County, Richard Daviau, Mitch Nickolds, Kevin A Pridemore re #8 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: #1 Exhibit A, #2 Exhibit B)(Hallvik, Taylor) |
| Filing 40 RESPONSE, by Defendants Clark County, Richard Daviau, Mitch Nickolds, Kevin A Pridemore, to #8 MOTION for Temporary Restraining Order and Preliminary Injunction. (Hallvik, Taylor) |
| Filing 39 ANSWER to #1 Complaint, and Affirmative Defenses by Clark County, Richard Daviau, Mitch Nickolds, Kevin A Pridemore.(Hallvik, Taylor) |
| Filing 38 DECLARATION of Nancy Andring, CRGC filed by Intervenor Defendant Columbia River Gorge Commission re #8 MOTION for Temporary Restraining Order and Preliminary Injunction (Litwak, Jeffrey) |
| Filing 37 DECLARATION of Robin Shoal, U.S. Forest Service filed by Intervenor Defendant Columbia River Gorge Commission re #8 MOTION for Temporary Restraining Order and Preliminary Injunction (Litwak, Jeffrey) |
| Filing 36 RESPONSE, by Intervenor Defendant Columbia River Gorge Commission, to #8 MOTION for Temporary Restraining Order and Preliminary Injunction. Oral Argument Requested. (Attachments: #1 Certificate of Service)(Litwak, Jeffrey) |
| Filing 35 RESPONSE, by Plaintiff BNSF Railway Company, to #23 MOTION to Intervene Attorney Jeffrey Bruce Litwak added to party Columbia River Gorge Commission(pty:intvd), #24 MOTION to Intervene . (Hobbs, J.) |
| Filing 34 EXHIBIT A re #25 Declaration by Intervenor Defendant Friends of the Columbia Gorge, Inc. (Baker, Nathan) |
| Filing 33 WAIVER OF SERVICE of summons upon defendant Richard Daviau mailed on 11/27/2018 (Hobbs, J.) |
| Filing 32 WAIVER OF SERVICE of summons upon defendant Kevin A Pridemore mailed on 11/27/2018 (Hobbs, J.) |
| Filing 31 WAIVER OF SERVICE of summons upon defendant Mitch Nickolds mailed on 11/27/2018 (Hobbs, J.) |
| Filing 30 CERTIFICATE OF SERVICE by Plaintiff BNSF Railway Company re #9 Declaration, #8 MOTION for Temporary Restraining Order and Preliminary Injunction, #10 Declaration, #1 Complaint, on Defendant Clark County (Hobbs, J.) |
| Filing 29 CERTIFICATE OF SERVICE by Plaintiff BNSF Railway Company re #6 Application for Leave to Appear Pro Hac Vice, #7 Application for Leave to Appear Pro Hac Vice, #3 Application for Leave to Appear Pro Hac Vice, #2 Corporate Disclosure Statement, #5 Application for Leave to Appear Pro Hac Vice, #1 Complaint, #4 Application for Leave to Appear Pro Hac Vice on Defendant Clark County (Hobbs, J.) |
| Filing 28 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Friends of the Columbia Gorge, Inc. (Baker, Nathan) |
| Filing 27 ANSWER to #1 Complaint, by Friends of the Columbia Gorge, Inc..(Baker, Nathan) |
| Filing 26 DECLARATION of Grace Bayley filed by Intervenor Defendant Friends of the Columbia Gorge, Inc. re #24 MOTION to Intervene (Baker, Nathan) |
| Filing 25 DECLARATION of Michael Lang filed by Intervenor Defendant Friends of the Columbia Gorge, Inc. re #24 MOTION to Intervene (Baker, Nathan) |
| Filing 24 MOTION to Intervene , filed by Intervenor Defendant Friends of the Columbia Gorge, Inc.. (Attachments: #1 Proposed Order) Noting Date 12/14/2018, (Baker, Nathan) |
| Filing 23 MOTION to Intervene Attorney Jeffrey Bruce Litwak added to party Columbia River Gorge Commission(pty:intvd), filed by Intervenor Defendant Columbia River Gorge Commission. (Attachments: #1 Proposed Answer, #2 Certificate of Service) Noting Date 12/14/2018, (Litwak, Jeffrey) |
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Filing 22
ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT, DISCOVERY, DEPOSITIONS AND EARLY SETTLEMENT: Joint Status Report due by 2/19/2019, FRCP 26f Conference Deadline is 2/4/2019, Initial Disclosure Deadline is 2/11/2019. Signed by Judge Benjamin H. Settle. (MGC)
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| Filing 21 NOTICE TO FILER of Filing Deficiency: re #20 Notice of Appearance - attorney Curtis M. Burns not admitted to practice. ** Action Required ** See Attached Letter for More Information and Instructions. (GMR) |
| Filing 20 NOTICE of Appearance by attorney Taylor Ross Hallvik on behalf of Defendants Clark County, Richard Daviau, Mitch Nickolds, Kevin A Pridemore. (Hallvik, Taylor) |
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Filing 19
ORDER re #7 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Andre W Brewster, III for BNSF Railway Company, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(MET)
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Filing 18
ORDER re #6 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Ginger D Anders for BNSF Railway Company, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(MET)
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Filing 17
ORDER re #5 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Allison M Day for BNSF Railway Company, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(MET)
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Filing 16
ORDER denying in part and renoting in part #8 MOTION for Temporary Restraining Order and Preliminary Injunction: Responsive Brief due by 12/5/2018, Reply Brief due by 12/14/2018, TRO Hearing set for 12/19/2018 at 10:00 AM in Courtroom E before Judge Benjamin H. Settle. Signed by Judge Benjamin H. Settle. (MGC)
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| Filing 15 AMENDMENT to #2 Corporate Disclosure Statement by Plaintiff BNSF Railway Company (Lynch, James) |
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Filing 14
ORDER re #4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Benjamin J Horwich for BNSF Railway Company, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(SP)
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Filing 13
ORDER re #3 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Barry M Hartman for BNSF Railway Company, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(SP)
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| Filing 12 Summons(es) Electronically Issued as to defendant(s) Clark County, Washington, Richard Daviau, Mitch Nickolds and Kevin A Pridemore. (Attachments: #1 Summons, #2 Summons, #3 Summons)(SP) |
| Filing 11 DECLARATION of Service filed by Plaintiff BNSF Railway Company re #8 MOTION for Temporary Restraining Order and Preliminary Injunction (Lynch, James) |
| Filing 10 DECLARATION of Dava Kaitala filed by Plaintiff BNSF Railway Company re #8 MOTION for Temporary Restraining Order and Preliminary Injunction (Lynch, James) |
| Filing 9 DECLARATION of James M. Lynch filed by Plaintiff BNSF Railway Company re #8 MOTION for Temporary Restraining Order and Preliminary Injunction (Lynch, James) |
| Filing 8 MOTION for Temporary Restraining Order and Preliminary Injunction, filed by Plaintiff BNSF Railway Company. (Attachments: #1 Proposed Order) Noting Date 11/14/2018, (Lynch, James) |
| Judge Benjamin H. Settle added. (SP) |
| Filing 7 APPLICATION OF ATTORNEY Andre W. Brewster III FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff BNSF Railway Company (Fee Paid) Receipt No. 0981-5541627 (Lynch, James) |
| Filing 6 APPLICATION OF ATTORNEY Ginger D. Anders FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff BNSF Railway Company (Fee Paid) Receipt No. 0981-5541625 (Lynch, James) |
| Filing 5 APPLICATION OF ATTORNEY Allison M. Day FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff BNSF Railway Company (Fee Paid) Receipt No. 0981-5541618 (Lynch, James) |
| Filing 4 APPLICATION OF ATTORNEY Benjamin J.Horwich FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff BNSF Railway Company (Fee Paid) Receipt No. 0981-5541611 (Lynch, James) |
| Filing 3 APPLICATION OF ATTORNEY Barry M. Hartman FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff BNSF Railway Company (Fee Paid) Receipt No. 0981-5541606 (Lynch, James) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parents/Other Affiliates Burlington Northern Santa Fe, LLC, National Indemnity Company, and Berkshire Hathaway Inc. for BNSF Railway Company. Filed pursuant to Fed.R.Civ.P 7.1. Filed by BNSF Railway Company (Lynch, James) Modified on 11/15/2018 to add additional corporate parents/other affiliates identified in Corporate Disclosure Statement (KB). |
| Filing 1 COMPLAINT For Declaratory and Injunctive Relief against defendant(s) BNSF Railway Company (Receipt # 0981-5541559), filed by BNSF Railway Company. (Attachments: #1 Civil Cover Sheet, #2 Summons to Clark County, #3 Summons to Nickolds, #4 Summons to Pridemore, #5 Summons to Daviau)(Lynch, James) |
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