| Date Filed | Doc # | Docket Text |
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| 2015-08-28 | 1 | COMPLAINT against United States Environmental Protection Agency, filed by Drummond Company Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21)(AVC) (Entered: 08/28/2015) |
| 2015-08-28 | 2 | Corporate Disclosure Statement by Drummond Company Inc. filed by Drummond Company Inc (Simpson, Michael) (Entered: 08/28/2015) |
| 2015-08-31 | 3 | NOTICE REGARDING CONSENT of a magistrate judge in a civil action. (KEK) (Entered: 08/31/2015) |
| 2015-08-31 | | Filing Fee: Filing fee $ 400, receipt_number 1126-2463768 (ALND B4601064829). related document 1 COMPLAINT against United States Environmental Protection Agency, filed by Drummond Company Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21)(AVC). (Simpson, Michael) Modified on 8/31/2015 (KEK). (Entered: 08/31/2015) |
| 2015-08-31 | 4 | Summons Issued as to United States Environmental Protection Agency. Returned to Plaintiff for service. (KEK) (Entered: 08/31/2015) |
| 2015-09-09 | 5 | SUMMONS Returned Executed by Drummond Company Inc. United States Environmental Protection Agency served on 9/3/2015, answer due 11/2/2015., CERTIFICATE OF SERVICE by Drummond Company Inc (Simpson, Michael) (Entered: 09/09/2015) |
| 2015-09-30 | 6 | MOTION for Extension of Time To Answer or Otherwise Respond to Plaintiff's Complaint by United States Environmental Protection Agency. (Ragland, Edward) (Entered: 09/30/2015) |
| 2015-10-01 | 7 | TEXT ORDER granting 6 Unopposed Motion for Extension of Time. Defendant's responsive pleading is due October 8, 2015 . Signed by Magistrate Judge John H. England, III on 10/1/2015. (BST1) (Entered: 10/01/2015) |
| 2015-10-05 | 8 | MOTION for Leave to Appear Pro Hac Vice for Richard Edward Glaze, Jr., by Drummond Company Inc. (Simpson, Michael) (Entered: 10/05/2015) |
| 2015-10-05 | 9 | TEXT ORDER granting 8 Motion to Admit Pro Hac Vice attorney Richard Edward Glaze, Jr., but with the understanding and on the condition he pay the applicable fee and register for e-filing and notification within 14 days, unless he has already done so. Signed by Magistrate Judge John H. England, III on 10/5/2015. (BST1) (Entered: 10/05/2015) |
| 2015-10-05 | | PHV Fee paid: $50, receipt number B4601065644. (KEK) (Entered: 10/05/2015) |
| 2015-10-08 | 10 | ANSWER to 1 Complaint, by United States Environmental Protection Agency.(Ragland, Edward) (Entered: 10/08/2015) |
| 2015-10-09 | 11 | ORDER - Pursuant to the General Order For Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, dated January 2, 2015, the parties are hereby notified that, unless they unanimously consent to the exercise of dispositive jurisdiction by a magistrate judge pursuant to 28 U.S.C. § 636(c) by no later than November 23, 2015 , the case will be reassigned to a randomly-drawn district judge for all purposes. In the absence of consent by all parties, the Clerk is hereby DIRECTED to reassign the case without further order after November 23, 2015 . A telephone status conference is hereby SET for 10:30 a.m. on November 5, 2015 . The parties are DIRECTED to call 877-873-8017 to access the telephone conference. The access code is 4577302 . If all parties submit an executed consent form before the date of the status conference, the status conference will be cancelled. A failure to complete the form and submit it, either electronically or manually, to the Clerk will result in the case being reassigned after November 23, 2015 . Signed by Magistrate Judge John H England, III on 10/9/2015. (KEK) (Entered: 10/09/2015) |
| 2015-10-14 | 12 | NOTICE OF REASSIGNMENT - The parties having not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, the above styled civil action has been randomly reassigned to the Honorable William M. Acker, Jr. The telephone conference set for November 5, 2015 is CANCELLED . Please use case number 2:15-cv-1491-WMA on all subsequent pleadings. (KEK) (Entered: 10/14/2015) |
| 2015-10-15 | 13 | ORDER A status and scheduling conference will be held at 10:30 a.m., October 29, 2015, in chambers. Signed by Judge William M Acker, Jr on 10/15/15. (SAC ) (Entered: 10/15/2015) |
| 2015-10-16 | 14 | MOTION Reschedule Status Conference re 13 Order, Set Hearings by Drummond Company Inc. (Simpson, Michael) (Entered: 10/16/2015) |
| 2015-10-19 | 15 | ORDER Plaintiff's motion to reschedule the status and scheduling conference originally set for October 29, 2015, is GRANTED. The conference is rescheduled for November 3, 2015, at 10:30 AM, in chambers before Judge William M Acker Jr. Signed by Judge William M Acker, Jr on 10/19/15. (SAC ) (Entered: 10/19/2015) |
| 2015-11-03 | | Minute Entry for proceedings held before Judge William M Acker, Jr: Scheduling Conference held on 11/3/2015. Written Order to follow. (Court Reporter Cheryl Powell) (SAC ) (Entered: 11/03/2015) |
| 2015-11-03 | 16 | ORDER amending the order of October 10, 2015 (Doc. 9), granting pro hac vice admission to Richard E. Glaze, Jr., as set out within. Signed by Judge William M Acker, Jr on 11/3/15. (SAC ) (Entered: 11/03/2015) |
| 2015-11-03 | 17 | ORDER Pursuant to the status and scheduling conference held in this case on November 3, 2015, the parties shall jointly submit to the court a proposed schedule for management of the case by November 13, 2015. Signed by Judge William M Acker, Jr on 11/3/15. (SAC ) (Entered: 11/03/2015) |
| 2015-11-13 | 18 | REPORT of Rule 26(f) Planning Meeting. (Ragland, Edward) (Entered: 11/13/2015) |
| 2015-11-13 | 19 | ORDER -The court accepts and adopts the schedule jointly proposed by the parties 18 . The parties are ORDERED to comply with all deadlines and requirements set forth therein. Signed by Judge William M Acker, Jr on 11/13/2015. (AVC) (Entered: 11/13/2015) |
| 2015-12-14 | 20 | MOTION for Extension of Time by United States Environmental Protection Agency. (Ragland, Edward) (Entered: 12/14/2015) |
| 2015-12-15 | 21 | ORDER granting and ordering accordingly 20 Motion for Extension of Time. Signed by Judge William M Acker, Jr on December 15, 2015. (DBH) (Entered: 12/15/2015) |
| 2016-03-02 | 22 | Consent MOTION for Extension of Time to File Under Dispositve Motion Deadlines by United States Environmental Protection Agency. (Ragland, Edward) (Entered: 03/02/2016) |
| 2016-03-03 | 23 | ORDER granting and ordering accordingly 22 Motion for Extension of Time to File. Signed by Judge William M Acker, Jr on March 3, 2016. (DBH) (Entered: 03/03/2016) |
| 2016-03-10 | 24 | Consent MOTION for Extension of Time to File Dispositive Motion by United States Environmental Protection Agency. (Ragland, Edward) (Entered: 03/10/2016) |
| 2016-03-11 | 25 | ORDER granting and ordering accordingly 24 Motion for Extension of Time to File. Signed by Judge William M Acker, Jr on March 11, 2016. (DBH) (Entered: 03/11/2016) |
| 2016-03-16 | 26 | Consent MOTION for Extension of Time to File Dispositive Motion Submission by United States Environmental Protection Agency. (Ragland, Edward) (Entered: 03/16/2016) |
| 2016-03-23 | 27 | ORDER granting and ordering accordingly 26 Motion for Extension of Time to File. Signed by Judge William M Acker, Jr on March 23, 2016. (DBH) (Entered: 03/23/2016) |
| 2016-03-23 | 28 | MOTION for Partial Summary Judgment by United States Environmental Protection Agency. (Attachments: # 1 Exhibit Declaration of Lou Ann Gross, # 2 Exhibit Declaration of Lilian Dorka)(Ragland, Edward) Modified on 3/24/2016 (SAC, ). (Entered: 03/24/2016) |
| 2016-03-24 | 29 | Brief re 28 MOTION for Summary Judgment . (Ragland, Edward) (Entered: 03/24/2016) |
| 2016-03-24 | 30 | Statement of Facts by United States Environmental Protection Agency. filed by United States Environmental Protection Agency (Ragland, Edward) (Entered: 03/24/2016) |
| 2016-03-24 | 31 | MOTION for Leave to File Out of Time Evidentiary Material in Support of Previously-Filed Motion for Partial Summary Judgment by United States Environmental Protection Agency. (Attachments: # 1 Exhibit Declaration of LouAnn Gross with attached exhibits, # 2 Exhibit Declaration of Lilian Dorka with attached exhibit)(Ragland, Edward) (Entered: 03/24/2016) |
| 2016-03-25 | 32 | ORDER granting and ordering accordingly 31 Motion for Leave to File. Signed by Judge William M Acker, Jr on March 25, 2016. (DBH) (Entered: 03/25/2016) |
| 2016-03-28 | 33 | Evidentiary Material re: 28 MOTION for Summary Judgment . (Attachments: # 1 Exhibit 1 Declaration of LouAnn Gross, # 2 Exhibit A EPA record of 35th Ave request submission, # 3 Exhibit B EPA Partial Response to 35th Ave request, dtd 7/29/14, # 4 Exhibit C Vaughn Index re: 35th Ave request, # 5 Exhibit D Gasp request dtd 10/10/14, # 6 Exhibit E EPA Partial Response to Gasp request, dtd 10/15/14, # 7 Exhibit F EPA Partial Response to Gasp request, dtd 12/1/14, # 8 Exhibit G EPA Partial Response to Gasp request, dtd 12/17/14, # 9 Exhibit H Vaughn Index re: Gasp request, # 10 Exhibit 2 Declaration of Lilian Dorka, # 11 Exhibit A Vaughn Index re: OCR request.)(Ragland, Edward) (Entered: 03/28/2016) |
| 2016-05-11 | 34 | MOTION for Leave to File by United States Environmental Protection Agency. (Attachments: # 1 Exhibit A Correspondence from EPA to Plaintiff, dated 11 May 2016, # 2 Exhibit Amended Vaughn Index re: 35th Ave request)(Ragland, Edward) (Entered: 05/11/2016) |
| 2016-05-16 | 35 | ORDER granting and ordering accordingly 34 Motion for Leave to File. Signed by Judge William M Acker, Jr on May 16, 2016. (DBH) (Entered: 05/16/2016) |
| 2016-05-18 | 36 | MOTION for Extension of Time to File Response/Reply as to 28 MOTION for Summary Judgment by Drummond Company Inc. (Simpson, Michael) (Entered: 05/18/2016) |
| 2016-05-23 | 37 | ORDER granting 36 Motion for Extension of Time to File Response/Reply re 28 MOTION for Summary Judgment. Response due by 6/9/2016. Reply due by 6/30/2016. Signed by Judge William M Acker, Jr on May 23, 2016. (DBH) (Entered: 05/23/2016) |
| 2016-06-09 | 38 | RESPONSE in Opposition re 28 MOTION for Summary Judgment filed by Drummond Company Inc. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7)(Simpson, Michael) (Entered: 06/09/2016) |
| 2016-06-29 | 39 | MOTION for Extension of Time to File Response/Reply as to 38 Response in Opposition to Motion, 28 MOTION for Summary Judgment by United States Environmental Protection Agency. (Ragland, Edward) (Entered: 06/29/2016) |
| 2016-07-01 | 40 | ORDER granting and ordering accordingly 39 Motion for Extension of Time to File Response/Reply. Signed by Judge William M Acker, Jr on 07/01/2016. (NSO) (Entered: 07/01/2016) |
| 2016-07-14 | 41 | Evidentiary Material re: 28 MOTION for Summary Judgment , 35 Order on Motion for Leave to File In Support of Defendant Motion for Partial Summary Judgment . (Attachments: # 1 Exhibit Exhibit 1 J: Amended Vaughn Index re: 35th Ave request)(Ragland, Edward) (Entered: 07/14/2016) |
| 2016-07-14 | 42 | Second MOTION for Extension of Time to File Response/Reply by United States Environmental Protection Agency. (Ragland, Edward) (Entered: 07/14/2016) |
| 2016-07-15 | 43 | ORDER granting and ordering accordingly 42 Motion for Extension of Time to File Response/Reply. Signed by Judge William M Acker, Jr on 07/15/2016. (NSO) (Entered: 07/15/2016) |
| 2016-07-20 | 44 | MOTION for Leave to File Amended OCR Vaughn Index by United States Environmental Protection Agency. (Attachments: # 1 Exhibit Amended Vaughn Index re: OCR request)(Ragland, Edward) (Entered: 07/20/2016) |
| 2016-07-20 | 45 | MOTION for Leave to File Additional Exhbit in Support of the Defendant's Motion for Partial Summary Judgment by United States Environmental Protection Agency. (Attachments: # 1 Exhibit EPAs Partial Response Correspondence regarding the 35th Avenue request, dated July 29, 2014)(Ragland, Edward) (Entered: 07/20/2016) |
| 2016-07-20 | 46 | Brief re 38 Response in Opposition to Motion, 28 MOTION for Summary Judgment . (Ragland, Edward) (Entered: 07/20/2016) |
| 2016-07-22 | 47 | ORDER granting and ordering accordingly 44 Motion for Leave to File. Signed by Judge William M Acker, Jr on 07/22/2016. (NSO) (Entered: 07/22/2016) |
| 2016-07-22 | 48 | NOTICE of the Parties' Positions in Regard to the Previously Filed Defendant's Motion for Leave of Court to File Additional Exhibit 45 by United States Environmental Protection Agency. (Attachments: # 1 Exhibit Correspondence)(Ragland, Edward) (Entered: 07/22/2016) |
| 2016-08-02 | 49 | MOTION for Leave to File Sur-Reply in Response to Defendant's Reply in Support of Partial Summary Judgment by Drummond Company Inc. (Simpson, Michael) (Entered: 08/02/2016) |
| 2016-08-04 | 50 | ORDER granting and ordering accordingly 45 Motion for Leave to File. Signed by Judge William M Acker, Jr on 08/04/2016. (NSO) (Entered: 08/04/2016) |
| 2016-08-04 | 51 | RESPONSE in Opposition re 49 MOTION for Leave to File Sur-Reply in Response to Defendant's Reply in Support of Partial Summary Judgment filed by United States Environmental Protection Agency. (Ragland, Edward) (Entered: 08/04/2016) |
| 2016-08-16 | 52 | REPLY to re 28 , 46 Sur-Reply in Opposition to Partial Summary Judgment filed by Drummond Company Inc. (Simpson, Michael) (Entered: 08/16/2016) |
| 2016-08-17 | 53 | Case Reassigned to Chief Judge Karon O Bowdre. Judge William M Acker, Jr no longer assigned to the case. Please use case number 2:15-cv-1491-KOB on all subsequent pleadings. (SAC ) (Entered: 08/17/2016) |
| 2016-09-06 | 54 | ORDER granting 49 Motion for Leave to File Sur-Reply nunc pro tunc. Signed by Chief Judge Karon O. Bowdre on 9/6/2016.(JMH) (Entered: 09/06/2016) |
| 2016-10-19 | 55 | Evidentiary Material re: 28 MOTION for Summary Judgment , 50 Order on Motion for Leave to File, 47 Order on Motion for Leave to File . (Attachments: # 1 Exhibit 2A Amended Vaughn Index re: OCR request, # 2 Exhibit 3 EPA's Partial Response Correspondence Regarding the 35th Avenue Request, Dated July 29, 2014)(Ragland, Edward) (Entered: 10/19/2016) |
| 2016-11-07 | 56 | Joint MOTION to Stay All Proceedings Pending Settlement Negotiations by United States Environmental Protection Agency. (Ragland, Edward) (Entered: 11/07/2016) |
| 2016-11-08 | 57 | TEXT ORDER granting 56 Motion to Stay Proceedings until January 23, 2017. The court DIRECTS the parties to file a joint status report on January 23, 2017, detailing the status of the case. Signed by Chief Judge Karon O. Bowdre on 11/08/2016.(JMH) (Entered: 11/08/2016) |
| 2016-11-09 | | Set Deadlines (per 57/Text Order): Joint Status Report due by 1/23/2017. (SAC ) (Entered: 11/09/2016) |
| 2017-01-23 | 58 | STATUS REPORT and Motion to Continue Stay of All Proceedings Filed Jointly By The Parties by United States Environmental Protection Agency. filed by United States Environmental Protection Agency (Ragland, Edward) (Entered: 01/23/2017) |
| 2017-01-24 | 59 | TEXT ORDER. The court EXTENDS the stay of proceedings until March 24, 2017. The court DIRECTS the parties to file a joint status report on March 24, 2017, detailing the status of the case. Signed by Chief Judge Karon O. Bowdre on 1/24/2017.(JMH) (Entered: 01/24/2017) |
| 2017-01-25 | | Set Deadlines per 59/Text Order: Joint Status Report due by 3/24/2017. (SAC ) (Entered: 01/25/2017) |
| 2017-03-24 | 60 | Joint MOTION to Stay re 59 Order and Second Status Report by United States Environmental Protection Agency. (Ragland, Edward) (Entered: 03/24/2017) |
| 2017-03-31 | 61 | TEXT ORDER granting 60 Motion to Stay. The court CONTINUES the stay until May 1, 2017. Signed by Chief Judge Karon O. Bowdre on 3/31/2017.(JMH) (Entered: 03/31/2017) |
| 2017-05-01 | 62 | Joint MOTION to Stay and Third Joint Status Report by United States Environmental Protection Agency. (Ragland, Edward) (Entered: 05/01/2017) |
| 2017-05-02 | 63 | TEXT ORDER granting 62 Motion to Stay. The court CONTINUES the stay until May 23, 2017. The court ORDERS the parties to file a joint status report on May 22, 2017. Signed by Chief Judge Karon O. Bowdre on 5/2/2017.(JMH) (Entered: 05/02/2017) |
| 2017-05-02 | | Set Deadlines (per 63/Text Order): Joint Status Report due by 5/22/2017. (SAC ) (Entered: 05/02/2017) |
| 2017-05-22 | 64 | Joint MOTION to Stay re 63 Order on Motion to Stay and Fourth Joint Status Report by United States Environmental Protection Agency. (Ragland, Edward) (Entered: 05/22/2017) |
| 2017-05-30 | 65 | TEXT ORDER granting 64 Motion to Stay. The court CONTINUES the stay until June 12, 2017. The court ORDERS the parties to file a joint status report at that time. Signed by Chief Judge Karon O. Bowdre on 5/2/2017. Signed by Chief Judge Karon O. Bowdre on 5/30/2017.(JMH) (Entered: 05/30/2017) |
| 2017-05-30 | | Set Deadlines (per 65/Text Order): Status Report due by 6/12/2017. (SAC ) (Entered: 05/30/2017) |
| 2017-06-08 | 66 | Joint MOTION to Stay and Fifth Joint Status Report by United States Environmental Protection Agency. (Ragland, Edward) (Entered: 06/08/2017) |
| 2017-06-10 | 67 | TEXT ORDER granting 66 Motion to Stay. The court CONTINUES the stay until June 30, 2017, and ORDERS the parties to file a joint status report at that time. Signed by Chief Judge Karon O. Bowdre on 6/10/2017.(JMH) (Entered: 06/10/2017) |
| 2017-06-12 | | Set Deadlines: Per 67/Text Order, Joint Status Report due by 6/30/2017. (SAC ) (Entered: 06/12/2017) |
| 2017-06-30 | 68 | Joint MOTION to Stay and Fifth Joint Status Report by United States Environmental Protection Agency. (Ragland, Edward) (Entered: 06/30/2017) |
| 2017-07-11 | 69 | TEXT ORDER. court CONTINUES the stay until July 31, 2017, and ORDERS the parties to file a joint status report at that time. Signed by Chief Judge Karon O. Bowdre on 7/11/2017.(JMH) (Entered: 07/11/2017) |
| 2017-07-12 | | Set Deadlines per 69/ Text Order: Joint Status Report due by 7/31/2017. (SAC ) (Entered: 07/12/2017) |
| 2017-07-28 | 70 | Joint MOTION to Stay and Seventh Joint Status Report by United States Environmental Protection Agency. (Ragland, Edward) (Entered: 07/28/2017) |
| 2017-08-04 | 71 | TEXT ORDER granting 70 Motion to Stay. The court CONTINUES the stay until August 14, 2017, and ORDERS the parties to file a joint status report at that time. Signed by Chief Judge Karon O. Bowdre on 8/04/2017.(JMH) (Entered: 08/04/2017) |
| 2017-08-14 | 72 | Joint Stipulation to Dismiss by United States Environmental Protection Agency (Ragland, Edward) Modified on 8/15/2017 (JLC). (Entered: 08/14/2017) |
| 2017-08-15 | 73 | ORDER DISMISSING CASE WITH PREJUDICE after having received the parties' 72 Joint Stipulation to Dismiss, each party to bear its own costs, expenses, and fees. Signed by Chief Judge Karon O Bowdre on 8/15/2017. (JLC) (Entered: 08/15/2017) |
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