| Date Filed | Doc # | Docket Text |
|
| 2019-07-19 | 1 | Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-5931465 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: No. Filed by Western Resources Legal Center against National Oceanic and Atmospheric Administration, National Marine Fisheries Service. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons). (Lobdell, Caroline) Modified docket text on 7/19/2019 to update defendants. (eo) (Entered: 07/19/2019) |
| 2019-07-19 | 2 | Corporate Disclosure Statement . Filed by Western Resources Legal Center. (Lobdell, Caroline) (Entered: 07/19/2019) |
| 2019-07-19 | 3 | Motion for Leave to Appear Pro Hac Vice for Attorney Christopher J. Carr . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5931568. Filed by Western Resources Legal Center. (Attachments: # 1 Attachment A) (Lobdell, Caroline) (Entered: 07/19/2019) |
| 2019-07-19 | 4 | Motion for Leave to Appear Pro Hac Vice for Attorney Navtej Singh Dhillon . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5931584. Filed by Western Resources Legal Center. (Attachments: # 1 Attachment A) (Lobdell, Caroline) (Entered: 07/19/2019) |
| 2019-07-22 | 5 | Notice of Case Assignment to Magistrate Judge John V. Acosta and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5 . Discovery is to be completed by 11/19/2019. Joint Alternate Dispute Resolution Report is due by 12/19/2019. Pretrial Order is due by 12/19/2019. Ordered by Magistrate Judge John V. Acosta. (sss) (Entered: 07/22/2019) |
| 2019-07-22 | 6 | Summons Issued Electronically as to All Defendants. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (Attachments: # 1 Summons Issued) (sss) (Entered: 07/22/2019) |
| 2019-07-22 | 7 | ORDER: Granting Application for Special Admission Pro Hac Vice of Christopher J. Carr for Western Resources Legal Center. Application Fee in amount of $300 collected. Receipt No. 0979-5931568 issued. Signed on 7/22/2019 by Magistrate Judge John V. Acosta. (ecp) Modified on 7/25/2019 to correct date of signature(ecp). (Entered: 07/25/2019) |
| 2019-07-22 | 8 | Notification of CM/ECF Account for Christopher J. Carr ( Pro Hac Vice admission). Your login is: cjcarr . Go to the CM/ECF login page to set your password. (ecp) (Entered: 07/25/2019) |
| 2019-07-22 | 9 | ORDER: Granting Application for Special Admission Pro Hac Vice of Navtej S. Dhillon for Western Resources Legal Center. Application Fee in amount of $300 collected. Receipt No. 0979-5931584 issued. Signed on 7/22/2019 by Magistrate Judge John V. Acosta. (ecp) (Entered: 07/25/2019) |
| 2019-07-25 | 10 | Notification of CM/ECF Account for Navtej S. Dhillon ( Pro Hac Vice admission). Your login is: nsdhillon . Go to the CM/ECF login page to set your password. (ecp) (Entered: 07/25/2019) |
| 2019-08-26 | 11 | Answer to 1 Complaint, . Filed by National Marine Fisheries Service, National Oceanic and Atmospheric Administration. (Rice-Stitt, Austin) (Entered: 08/26/2019) |
| 2019-08-27 | 12 | SCHEDULING ORDER by Judge Acosta - SETTING a Telephone Rule 16 Conference for Tuesday, November, 12, 2019 at 10:00AM. The Court's conference line call-in information will be sent to counsel by separate entry. (peg) (Entered: 08/27/2019) |
| 2019-09-20 | 13 | AMENDED SCHEDULING ORDER by Judge Acosta - RESETTING the date and the time for the Telephone Rule 16 Conference from 11/12/19, at 10:00AM to WEDNESDAY, November 13, 2019, at 10:30AM. The Court's conference line call-in information previously sent to the parties on 8/27/19, will be in effect for this new date and time, as well. (peg) (Entered: 09/20/2019) |
| 2019-11-13 | 14 | MINUTES of Proceedings: Telephone Rule 16 Conference held by Judge Acosta. ORDER - SETTING the following case management deadlines: (1) Parties to file a Joint Status Report no later than 3/12/2020. (2) Discovery is to be completed and a joint ADR report filed by 3/19/2020. (3) Dispositive Motions are due by 4/17/2020. (4) Parties are requested, to within 10 days of todays hearing, notify courtroom deputy, Paul Gale by phone at 503.326.8056, or by email at "paul_gale@ord.uscourts.gov" regarding consent to jurisdiction to a U.S. Magistrate Judge in this case. If a party does consent, they are to promptly e-file the consent form into the ECF docket. (5) The court defers the setting of a trial date or a deadline for the filing of a joint pretrial order. Navtej Dhillon present as counsel for plaintiff. Austin Rice-Stitt present as counsel for defendant(s). Court Reporter: None. (peg) (Entered: 11/13/2019) |
| 2019-11-25 | 15 | Individual Party Consent to Jurisdiction by U.S. Magistrate Judge . (Entered: 11/25/2019) |
| 2020-03-12 | 16 | Status Report by Western Resources Legal Center. Filed by Western Resources Legal Center. (Dhillon, Navtej) (Entered: 03/12/2020) |
| 2020-03-13 | 17 | SCHEDULING ORDER by Judge Acosta: The Court has reviewed Plaintiff's Status Report 16 and extends the discovery deadline to 5/18/2020. In addition, an Evidentiary Hearing is SET for Thursday, July 9, 2020 at 10:00 AM in Portland Courtroom 11B before Magistrate Judge John V. Acosta. (pjg) (Entered: 03/13/2020) |
| 2020-03-13 | 18 | Status Report by All Defendants. Filed by All Defendants. (Rice-Stitt, Austin) (Entered: 03/13/2020) |
| 2020-03-13 | 19 | SCHEDULING ORDER by Judge Acosta - The Court's Scheduling Order of 3/13/2020 17 is STAYED pending a Telephone Status Conference SET for Tuesday, March 17, 2020 at 10:30 a.m. before Judge Acosta. The Court's conference call-in number will be provided by separate entry. (pjg) (Entered: 03/13/2020) |
| 2020-03-17 | 20 | MINUTES of Proceedings: Status Conference held on 3/17/2020 with Judge Acosta. The Court directs each side to file their respective cross motions for summary judgment on 4/17/2020. Each side shall file their respective responses at which time the Court will take the motions under advisement. Oral argument to be considered in due course. The 7/9/2020 evidentiary hearing is STRICKEN pending ruling on summary judgment motions. Currently there is partial consent to proceed before a U.S. Magistrate Judge in this case. If the non-consenting party would like to consent to proceed before a U.S. Magistrate Judge, the consent form may be found on the Court's website at ord.uscourts.gov/civil-forms and may be filed electronically by using the Consent event under Other Filings/Consent in the Civil menu or delivered to the Clerk's Office by mail or in person. For more information regarding the role of magistrate judges and consenting to magistrate judge jurisdiction, see ord.uscourts.gov/consent . The parties are free to withhold consent without adverse substantive consequences. Navtej Dhillon present as counsel for plaintiff. Austin Rice-Stitt present as counsel for defendants. Court Reporter: Ryan White. (pjg) (Entered: 03/17/2020) |
| 2020-04-01 | 21 | SCHEDULING ORDER by Judge Acosta: The Court having extended the discovery deadline to 5/18/2020, the deadline to file a Joint Alternate Dispute Resolution Report is also extended to 5/18/2020. (pjg) (Entered: 04/01/2020) |
| 2020-04-06 | 22 | SCHEDULING ORDER by Judge Acosta - SCHEDULING ORDER 21 is amended as follows: The extension of the discovery deadline having been stayed, the deadline to file a Joint Alternate Dispute Resolution Report is 5/18/2020. (pjg) (Entered: 04/06/2020) |
| 2020-04-09 | 23 | Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. (Entered: 04/09/2020) |
| 2020-04-09 | 24 | Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (ecp) (Entered: 04/10/2020) |
| 2020-04-14 | 25 | OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic Status Conference held on 3/17/2020 before Judge John V. Acosta, Court Reporter Ryan White, telephone number 503-326-8184 or ryan_white@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter through PACER. See Policy at ord.uscourts.gov . Notice of Intent to Redact Transcript is due by 4/21/2020. Redaction Request due 5/5/2020. Redacted Transcript Deadline set for 5/15/2020. Release of Transcript Restriction set for 7/13/2020. (White, Ryan) (Entered: 04/14/2020) |
| 2020-04-14 | 26 | Unopposed Motion for Extension of Time To File Dispositive Motions . Expedited Hearing requested. Filed by National Marine Fisheries Service, National Oceanic and Atmospheric Administration. (Rice-Stitt, Austin) (Entered: 04/14/2020) |
| 2020-04-14 | 27 | ORDER by Judge Acosta: GRANTING Motion for Extension of Time 26 . Deadline to file Dispositive Motions is extended to 5/8/2020. (pjg) (Entered: 04/14/2020) |
| 2020-05-08 | 28 | Motion for Summary Judgment . Filed by All Defendants. (Rice-Stitt, Austin) (Entered: 05/08/2020) |
| 2020-05-08 | 29 | Declaration of Ellen Sebastian in Support of Defendants' Motion for Summary Judgment . Filed by All Defendants. (Related document(s): Motion for Summary Judgment 28 .) (Attachments: # 1 Exhibit A-K) (Rice-Stitt, Austin) (Entered: 05/08/2020) |
| 2020-05-08 | 30 | Declaration of Amy Scholik-Schlomer in Support of Defendants' Motion for Summary Judgment . Filed by All Defendants. (Related document(s): Motion for Summary Judgment 28 .) (Rice-Stitt, Austin) (Entered: 05/08/2020) |
| 2020-05-08 | 31 | Declaration of Jolie Harrison in Support of Defendants' Motion for Summary Judgment . Filed by All Defendants. (Related document(s): Motion for Summary Judgment 28 .) (Rice-Stitt, Austin) (Entered: 05/08/2020) |
| 2020-05-08 | 32 | Declaration of Jason Gedamke in Support of Defendants' Motion for Summary Judgment . Filed by All Defendants. (Related document(s): Motion for Summary Judgment 28 .) (Rice-Stitt, Austin) (Entered: 05/08/2020) |
| 2020-05-08 | 33 | Declaration of Manuel Castellote Morales in Support of Defendants' Motion for Summary Judgment . Filed by All Defendants. (Related document(s): Motion for Summary Judgment 28 .) (Rice-Stitt, Austin) (Entered: 05/08/2020) |
| 2020-05-08 | 34 | Declaration of Alicia Bishop in Support of Defendants' Motion for Summary Judgment . Filed by All Defendants. (Related document(s): Motion for Summary Judgment 28 .) (Rice-Stitt, Austin) (Entered: 05/08/2020) |
| 2020-05-08 | 35 | Declaration of Deborah Ben-David in Support of Defendants' Motion for Summary Judgment . Filed by All Defendants. (Related document(s): Motion for Summary Judgment 28 .) (Rice-Stitt, Austin) (Entered: 05/08/2020) |
| 2020-05-08 | 36 | Declaration of Leila Hatch in Support of Defendants' Motion for Summary Judgment . Filed by All Defendants. (Related document(s): Motion for Summary Judgment 28 .) (Rice-Stitt, Austin) (Entered: 05/08/2020) |
| 2020-05-08 | 37 | Declaration of Austin Rice-Stitt in Support of Defendants' Motion for Summary Judgment . Filed by All Defendants. (Related document(s): Motion for Summary Judgment 28 .) (Attachments: # 1 Exhibit A-D) (Rice-Stitt, Austin) (Entered: 05/08/2020) |
| 2020-05-08 | 38 | Motion for Summary Judgment of Plaintiff Western Resources Legal Center . Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Dhillon, Navtej) (Entered: 05/08/2020) |
| 2020-05-09 | 39 | Declaration of Caroline Lobdell in Support of Plaintiff's Motion for Summary Judgment . Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 38 .) (Dhillon, Navtej) (Entered: 05/09/2020) |
| 2020-05-09 | 40 | Declaration of Navi Dhillon in Support of Plaintiff's Motion for Summary Judgment . Filed by Western Resources Legal Center. (Related document(s): Motion for Summary Judgment 38 .) (Dhillon, Navtej) (Entered: 05/09/2020) |
| 2020-05-09 | 41 | Declaration of Paul Price in Support of Plaintiff's Motion for Summary Judgment . Filed by Western Resources Legal Center. (Related document(s): Motion for Summary Judgment 38 .) (Dhillon, Navtej) (Entered: 05/09/2020) |
| 2020-05-09 | 42 | Corrected Declaration of Declaration of Caroline Lobdell in Support of Western Resources Legal Center's Motion for Summary Judgment . Filed by Western Resources Legal Center. (Related document(s): Motion for Summary Judgment 38 .) (Dhillon, Navtej) (Entered: 05/09/2020) |
| 2020-05-09 | 43 | Corrected Declaration of Paul Price in Support of Western Resources Legal Center's Motion for Summary Judgment . Filed by Western Resources Legal Center. (Related document(s): Motion for Summary Judgment 38 .) (Dhillon, Navtej) (Entered: 05/09/2020) |
| 2020-05-09 | 44 | Corrected Declaration of Navi Singh Dhillon in Support of Western Resources Legal Center's Motion for Summary Judgment . Filed by Western Resources Legal Center. (Related document(s): Motion for Summary Judgment 38 .) (Dhillon, Navtej) (Entered: 05/09/2020) |
| 2020-05-11 | 45 | Scheduling Order by Judge Acosta - Motions for Summary Judgment 28 and 38 are taken under advisement as of 6/26/2020. The request for expedited hearing is DENIED. (pjg) (Entered: 05/11/2020) |
| 2020-05-18 | 46 | Joint ADR Report . Filed by Western Resources Legal Center.(Dhillon, Navtej) (Entered: 05/18/2020) |
| 2020-05-29 | 47 | Response in Opposition to Motion for Summary Judgment of Plaintiff Western Resources Legal Center 38 . Filed by All Defendants. (Rice-Stitt, Austin) (Entered: 05/29/2020) |
| 2020-05-29 | 48 | Declaration of Mark H Graff in Support of Defendants' Motion for Summary Judgment and Opposition to WRLC's Motion for Summary Judgment . Filed by All Defendants. (Related document(s): Motion for Summary Judgment 38 , Motion for Summary Judgment 28 .) (Attachments: # 1 Exhibit A-F) (Rice-Stitt, Austin) (Entered: 05/29/2020) |
| 2020-05-29 | 49 | Response Opposition to Motion for Summary Judgment 28 Oral Argument requested. Filed by Western Resources Legal Center. (Dhillon, Navtej) (Entered: 05/29/2020) |
| 2020-06-05 | 50 | Declaration of Lucas Grunbaum Regarding Motions for Summary Judgment . Filed by Western Resources Legal Center. (Related document(s): Motion for Summary Judgment 38 , Motion for Summary Judgment 28 .) (Dhillon, Navtej) (Entered: 06/05/2020) |
| 2020-10-07 | 51 | Status Report Regarding Navy Referral by All Defendants. Filed by All Defendants. (Rice-Stitt, Austin) (Entered: 10/07/2020) |
| 2020-11-20 | 52 | Opinion and Order - Based on the foregoing, WRLC's motion for summary judgment (ECF No. 38 ) is GRANTED IN PART as set forth above; NOAA's motion for summary judgment (ECF No. 28 ) is DENIED IN PART as described above. NOAA is to conduct a search, without regard to the cascade, within thirty days. Custodians must produce all responsive records, even if individuals higher on the cascades received or sent those records. If NOAA locates records it intends to withhold, the agency must provide WRLC with a declaration that specifically describes the records and states the justification for withholding those records. NOAA also is to submit a declaration to WRLC within thirty days that specifically describes the documents the agency fully withheld, and which states the justification for withholding those records. IT IS SO ORDERED. DATED this 20th day of November, 2020 by United States Magistrate Judge John V. Acosta. (pjg) (Entered: 11/20/2020) |
| 2020-11-20 | 53 | Scheduling Order by Judge Acosta: Parties are to file a Joint Status Report regarding the production of documents by 1/8/2021. (pjg) (Entered: 11/20/2020) |
| 2020-11-20 | 54 | Notice of Appearance of Navtej S. Dhillon appearing on behalf of Western Resources Legal Center Filed by on behalf of Western Resources Legal Center. (Dhillon, Navtej) (Entered: 11/20/2020) |
| 2020-11-20 | 55 | Notice of Appearance of Christopher J. Carr appearing on behalf of Western Resources Legal Center Filed by on behalf of Western Resources Legal Center. (Carr, Christopher) (Entered: 11/20/2020) |
| 2020-11-20 | 56 | Notice of Attorney Withdrawal: OF COUNSEL Filed by Western Resources Legal Center. (Dhillon, Navtej) (Entered: 11/20/2020) |
| 2020-12-02 | 57 | Stipulation Re Deadline To File Motion for Fees and Costs and to Comply with Summary Judgment Order and Proposed Order by Western Resources Legal Center. Filed by Western Resources Legal Center. (Dhillon, Navtej) (Entered: 12/02/2020) |
| 2020-12-02 | 58 | Order by Judge Acosta: Having reviewed the parties' Stipulation 57 , the Court extends the following deadlines: (1) Deadline to file a motion for fees and costs is extended to 2/1/2021; (2) Deadline to conduct a search and provide declaration as stated in Opinion and Order 52 is extended by thirty days. (3) Parties are to file a Joint Status Report regarding the production of documents by 2/8/2021. (pjg) (Entered: 12/02/2020) |
| 2021-01-07 | 59 | Stipulation Regarding Search Protocols by Western Resources Legal Center. Filed by Western Resources Legal Center. (Dhillon, Navtej) (Entered: 01/07/2021) |
| 2021-01-22 | 60 | Stipulation Re Deadline to File Motion for Fees and Costs; [Proposed] Order by Western Resources Legal Center. Filed by Western Resources Legal Center. (Dhillon, Navtej) Modified on 1/22/2021 (pjg). (Entered: 01/22/2021) |
| 2021-01-22 | 61 | ORDER by Judge Acosta: In light of the parties' stipulation 60 , and good cause appearing, the Court hereby GRANTS the request and extends the deadline to file a motion for fees and costs to 3/3/2021. (pjg) Modified text correcting typographical error on 1/26/2021 (pjg). (Entered: 01/22/2021) |
| 2021-02-08 | 62 | Joint Status Report Regarding Production . Filed by All Defendants. (Rice-Stitt, Austin) (Entered: 02/08/2021) |
| 2021-02-08 | 63 | Proposed Form of Order Submitted [Proposed] Judgment . Filed by Western Resources Legal Center. (Dhillon, Navtej) (Entered: 02/08/2021) |
| 2021-02-09 | 64 | Scheduling Order by Judge Acosta: Telephone Status Conference is SET for Wednesday, February 17, 2021 at 11:00AM in Portland before Magistrate Judge John V. Acosta. The Court's conference call information shall be provided to the parties by separate sealed entry. (pjg) (Entered: 02/09/2021) |
| 2021-02-17 | 65 | MINUTES of Proceedings: Status Conference held on 2/17/2021 by telephone with Magistrate Judge John V. Acosta presiding. (1) The Government is to produce all documents per the FOIA request and the Court's summary judgment order by 5/31/2021, including the Vaughn Index. (2) The Court strongly encourages the parties to resolve any fee issues on their own. Plaintiff's motion for fees is to be filed by 5/31/2021. Plaintiff may seek fees for filing of the motion if the parties are unable to resolve the issues and a motion is necessary. (3) Judgment will be entered on 5/31/2021. Navtej Dhillon, Lucas Grunbaum present as counsel for plaintiff. Austin Rice-Stitt present as counsel for defendants. Court Reporter: Jill Jessup. (pjg) (Entered: 02/17/2021) |
| 2021-04-16 | 66 | OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic Status Conference held on February 21, 2021, before Judge John V. Acosta, Court Reporter Jill L. Jessup, telephone number (503)326-8191 or email at jill_jessup@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 or email at jill_jessup@ord.uscourts.gov or PACER. See Policy at ord.uscourts.gov . Notice of Intent to Redact Transcript is due by 4/23/2021. Redaction Request due 5/7/2021. Redacted Transcript Deadline set for 5/17/2021. Release of Transcript Restriction set for 7/15/2021. (jjcr) (Entered: 04/16/2021) |
| 2021-05-20 | 67 | Notice Re Agreement on Fee and Cost Award Filed by Western Resources Legal Center. (Dhillon, Navtej) (Entered: 05/20/2021) |
| 2021-05-28 | 68 | Stipulation Re Fees and Costs and Entry of Judgment by Western Resources Legal Center. Filed by Western Resources Legal Center. (Dhillon, Navtej) (Entered: 05/28/2021) |
| 2021-05-28 | 69 | Proposed Form of Order Submitted [Proposed] Judgment . Filed by Western Resources Legal Center. (Dhillon, Navtej) (Entered: 05/28/2021) |
| 2021-06-02 | 70 | JUDGMENT: Pursuant to Fed. R. Civ. P. 58, and for the reasons set forth in the Opinion and Order, the Court hereby enters judgment in favor of Plaintiff and against Defendants. All issues between the parties have been resolved, including fees and costs.IT IS SO ORDERED, ADJUGED AND DECREED. Dated June 2, 2021 by United States Magistrate Judge John V. Acosta. (pjg) (Entered: 06/02/2021) |
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