Berenergy Corporation v. Bureau of Land Management
Plaintiff: Berenergy Corporation
Defendant: Bureau of Land Management
Intervenor Defendant: BTU Western Resources Inc, School Creek Coal Resources LLC and Peabody Powder River Mining LLC
Case Number: 1:2018cv00158
Filed: September 26, 2018
Court: US District Court for the District of Wyoming
Presiding Judge: Kelly H Rankin
Referring Judge: Scott W Skavdahl
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05:704
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 5, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 5, 2018 Filing 33 NOTICE by Plaintiff Berenergy Corporation Filing Interior Board of Land Appeals Denial Of Berenergy's Petitions Requesting Stay (Attachments: #1 Exhibit order denying stay) (Forbes, Peter) Modified text on 11/7/2018 (Court Staff, scat).
October 19, 2018 Filing 32 ANSWER to Complaint with Affirmative Defenses, by BTU Western Resources Inc, School Creek Coal Resources LLC, Peabody Powder River Mining LLC. (Attachments: #1 Exhibit A) (Micheli, Matthew)
October 19, 2018 Opinion or Order Filing 31 ORDER by the Honorable Kelly H Rankin granting #30 School Creek Coal Resources, LLC, Peabody Powder River Mining, LLC, and BTU Western Resources, Inc's (collectively "Peabody") Amended Motion to Intervene in Berenergy's Petition for Review of Agency Action. Peabody's proposed answer shall be filed separately within five business days. (Court Staff, sjh)
October 18, 2018 Filing 30 MOTION REFERRED TO Judge Kelly H Rankin. AMENDED MOTION to Intervene re: #27 Motion to Intervene filed by Movants BTU Western Resources Inc, Peabody Powder River Mining LLC, School Creek Coal Resources LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Proposed Order)(Micheli, Matthew) Modified text to link to correct document on 10/18/2018 (Court Staff, stbd). Modified on 10/22/2018 (Court Staff, scat).
October 17, 2018 Filing 29 ADDENDUM to #12 ORDER granting Motion for Entry of Temporary Restraining Order by the Honorable Scott W Skavdahl. It is ORDERED that the Clerk of Court place the security in this case in the CRIS account; it is FURTHER ORDERED that any interest earned shall be returned to the parties as directed by further Court order. Copy of Order provided to finance.(Court Staff, scat) Modified on 10/18/2018 (Court Staff, scat).
October 17, 2018 Filing 28 (TEXT-ONLY) ORDER by the Honorable Kelly H Rankin. The Court denies without prejudice School Creek Coal Resources, LLC, Peabody Powder River Mining, LLC, and BTU Western Resources, Inc.'s (collectively "Peabody") Motion to Intervene in Berenergy's Petition for Review of Agency Action #27 . Local Rule 7.1(b)(1)(A) requires counsel for the moving party to confer with opposing counsel prior to filing the motion and state in its motion its efforts to comply with the rule. Peabody's present Motion to Intervene does not indicate that Peabody conferred with opposing counsel prior to filing its Motion. The Court therefore denies without prejudice Peabody's Motion to Intervene for failure to comply with Local Rule 7.1(b)(1)(A). (Court Staff, sjh)
October 16, 2018 Filing 27 MOTION REFERRED TO Judge Kelly H Rankin. MOTION to Intervene In Berenergy's Petition for Review of Agency Action filed by Movants' BTU Western Resources Inc, School Creek Coal Resources LLC, Peabody Powder River Mining LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Proposed Order)(Micheli, Matthew) Modified text on 10/16/2018 (Court Staff, stbd).
October 16, 2018 Filing 26 NOTICE of Attorney Appearance by Matthew J Micheli on behalf of Peabody Powder River Mining LLC, BTU Western Resources LLC & School Creek Coal Resources LLC (Micheli, Matthew) Modified text on 10/16/2018 (Court Staff, stbd).
October 16, 2018 Filing 25 NOTICE of Attorney Appearance by Jeffrey Scott Pope on behalf of Peabody Powder River Mining LLC, BTU Western Resources LLC & School Creek Coal Resources LLC (Pope, Jeffrey) Modified text on 10/16/2018 (Court Staff, stbd).
October 16, 2018 Filing 24 NOTICE of Attorney Appearance by Thomas L Sansonetti on behalf of Peabody Powder River Mining LLC, BTU Western Resources LLC & School Creek Coal Resources LLC (Sansonetti, Thomas) Modified text on 10/16/2018 (Court Staff, stbd).
October 9, 2018 Filing 23 Notice Vacating Hearing: Preliminary Injunction Hearing set 10/11/0218 is VACATED (Court Staff, scat)
October 9, 2018 Opinion or Order Filing 22 ORDER Extending Temporary Restraining Order and Vacating Preliminary Injunction Hearing by the Honorable Scott W Skavdahl Re: #21 Motion to Vacate. Preliminary injunction hearing set for October 11, 2018 is VACATED. Temporary Restraining Order entered in this action is extended and shall remain in effect up through and including 5:00 pm EDT on 11/5/2018 or until the IBLA rules in Berenergy's pending Petition For Stay in IBLA Docket No. 2018-203, whichever come sooner. (Court Staff, scat) Modified text on 10/22/2018 (Court Staff, scat).
October 9, 2018 Motions No Longer Referred: #21 MOTION to Vacate Doc.#14 Preliminary Injunction Hearing (Court Staff, scat)
October 9, 2018 Filing 21 MOTION REFERRED TO Judge Kelly H Rankin. MOTION to Vacate #14 Preliminary Injunction Hearing filed by Plaintiff Berenergy Corporation. (Attachments: #1 Exhibit, #2 Proposed Order)(Scheer, Darin) Modified on 10/9/2018 (Court Staff, scat). Modified on 10/9/2018 (Court Staff, sal).
October 3, 2018 Opinion or Order Filing 20 ORDER by the Honorable Kelly H Rankin granting #19 Motion to appear pro hac vice admitting Brian R Herman for Bureau of Land Management (Court Staff, sal)
October 3, 2018 Filing 19 MOTION REFERRED TO Judge Kelly H Rankin. Amended MOTION for Brian R. Herman to appear pro hac vice; Check not tendered; filed by Defendant Bureau of Land Management. (Attachments: #1 Declaration, #2 Proposed Order)(Vassallo, Nicholas)
October 3, 2018 Filing 18 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Brian R. Herman to appear pro hac vice; Check not tendered; filed by Defendant Bureau of Land Management. (Attachments: #1 Declaration, #2 Proposed Order)(Vassallo, Nicholas)
October 3, 2018 Filing 17 NOTICE of Attorney Appearance by Nicholas Vassallo on behalf of Bureau of Land Management (Vassallo, Nicholas)
October 3, 2018 Filing 16 SUMMONS Returned Executed by Berenergy Corporation. Bureau of Land Management c/o Mark A. Klaassen United States Attorney for the District of Wyoming served on 9/27/2018, answer due on 10/18/2018 (Scheer, Darin) Modified text on 10/9/2018 (Court Staff, scat).
October 3, 2018 Filing 15 SUMMONS Returned Executed by Berenergy Corporation. Bureau of Land Management served on 9/27/2018, answer due on 10/18/2018 (Scheer, Darin)
September 28, 2018 FINANCIAL ENTRY: Payment of $100 received for pro hac vice fee for Peter C Forbes. Receipt CAS002128. (Court Staff, sjk)
September 28, 2018 Filing 14 NOTICE of Hearing on #3 MOTION for Temporary Restraining Order -- Motion for Preliminary Injunction set for 10/11/2018 at 09:00 AM in Casper Courtroom No. 2 (Room No. 204) before Honorable Scott W Skavdahl. (Court Staff, skb)
September 28, 2018 Filing 13 ADDENDUM TO #12 ORDER GRANTING MOTION FOR ENTRY OF TEMPORARY RESTRAINING ORDER by the Honorable Scott W Skavdahl. ORDERED pursuant to Federal Rule of Civil Procedure 65(c) Plaintiff shall post a $50,000 cash or surety bond no later than Monday October 1, 2018, at 3:00 pm as security for payment of any costs or damages sustained by Defendant or other parties if they are found to be have been wrongfully enjoined or restrained. (Court Staff, stbd)
September 27, 2018 Opinion or Order Filing 12 ORDER by the Honorable Scott W Skavdahl granting #3 Motion for Temporary Restraining Order and Setting Hearing on Motion for Preliminary Injunction for Thursday October 11, 2018 at 9:00 am in Casper, Wyoming (Court Staff, smlg)
September 27, 2018 Opinion or Order Filing 11 ORDER Granting #10 Motion to Appear Pro Hac Vice admitting Peter C. Forbes for Berenergy Corporation by the Honorable Kelly H. Rankin(Court Staff, szf)
September 27, 2018 Filing 10 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Peter Forbes to appear pro hac vice; Check not tendered; filed by Plaintiff Berenergy Corporation. (Attachments: #1 Exhibit A, #2 Proposed Order)(Scheer, Darin)
September 27, 2018 Filing 9 NOTICE of Attorney Appearance by Darin Boyd Scheer on behalf of Berenergy Corporation (Scheer, Darin)
September 27, 2018 Filing 8 Plaintiff's BRIEF in support re #3 Motion for Temporary Restraining Order filed by Plaintiff Berenergy Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q) (Scheer, Darin)
September 27, 2018 Filing 7 NOTICE of complexity by Plaintiff Berenergy Corporation ; this case is non-complex. (Scheer, Darin)
September 27, 2018 Opinion or Order Filing 6 ORDER by the Honorable Scott W Skavdahl granting #4 Motion to File Excess Pages. Plaintiff is hereby authorized to file its brief consisting of 18 pages, exclusive of exhibits. (Court Staff, scat)
September 27, 2018 Motions No Longer Referred: #4 MOTION for Leave to File Excess Pages regarding Brief in support of motion for TRO (Court Staff, szf)
September 27, 2018 Filing 5 CORPORATE DISCLOSURE filed by Berenergy Corporation,. (Scheer, Darin)
September 27, 2018 Filing 4 MOTION REFERRED TO Judge Kelly H. Rankin. MOTION for Leave to File Excess Pages regarding Brief in support of motion for TRO filed by Plaintiff Berenergy Corporation. (Attachments: #1 Proposed Order)(Scheer, Darin) Modified on 9/27/2018 (Court Staff, szf).
September 27, 2018 Filing 3 MOTION for Temporary Restraining Order filed by Plaintiff Berenergy Corporation. (Attachments: #1 Proposed Order)(Scheer, Darin)
September 27, 2018 Filing 2 Praecipe for Summonses filed by Plaintiff Berenergy Corporation, 2 issued. (Court Staff, ssw)
September 26, 2018 Filing 1 PETITION FOR REVIEW (4 Summonses issued)(Filing fee $400 receipt #CAS002125), filed by Berenergy Corporation. (Attachments: #1 Civil Cover Sheet) (Court Staff, skb)

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Defendant: Bureau of Land Management
Represented By: Nicholas Vassallo
Represented By: Brian R Herman
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Plaintiff: Berenergy Corporation
Represented By: Peter C Forbes
Represented By: Darin Boyd Scheer
Represented By: Keith Burron
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Intervenor defendant: BTU Western Resources Inc
Represented By: Thomas L Sansonetti
Represented By: Matthew J Micheli
Represented By: Jeffrey Scott Pope
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Intervenor defendant: School Creek Coal Resources LLC
Represented By: Thomas L Sansonetti
Represented By: Matthew J Micheli
Represented By: Jeffrey Scott Pope
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Intervenor defendant: Peabody Powder River Mining LLC
Represented By: Thomas L Sansonetti
Represented By: Matthew J Micheli
Represented By: Jeffrey Scott Pope
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