Skip to content

Case Detail

[Subscribe to updates]
Case TitleSierra Club et al v. U.S. Defense Energy Support Center et al
DistrictEastern District of Virginia
CityAlexandria
Case Number1:2011cv00041
Date Filed2011-01-13
Date Closed2011-07-29
JudgeDistrict Judge Claude M. Hilton
PlaintiffSierra Club
PlaintiffSouthern Alliance for Clean Energy
DefendantU.S. Defense Logistics Agency Energy
formerly known as U.S. Defense Energy Support Center
DefendantKurt Kunkel Commander of the U.S. Defense Energy Support System
DefendantU.S. Department of Defense
DefendantHonorable Robert Gates Secretary of the Department of Defense
DefendantU.S. Defense Logistics Agency
DefendantAlan S. Thompson Director of the Defense Logistics Agency
DefendantAmerican Petroleum Institute
DefendantNational Petrochemical and Refiners Association
DefendantChamber of Commerce of the United States of America
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [34]
Opinion/Order [70]
Opinion/Order [121]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2010-06-181COMPLAINT /issued summons against Robert Gates, Kurt Kunkel, Alan S. Thompson, U.S. Defense Energy Support Center, U.S. Defense Logistics Agency, U.S. Department of Defense ( Filing fee $ 350, receipt number 34611047162.). Filed bySierra Club, Southern Alliance for Clean Energy. (Attachments: # 1 Civil Cover Sheet)(ga, COURT STAFF) (Filed on 6/18/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 06/21/2010)
2010-06-182ADR SCHEDULING ORDER: Case Management Statement due by 9/22/2010. Case Management Conference set for 9/29/2010 10:30 AM in Courtroom F, 15th Floor, San Francisco.. Signed by Judge James Larson on 6/18/10. (Attachments: # 1 Standing Order)(ga, COURT STAFF) (Filed on 6/18/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 06/21/2010)
2010-06-18CASE DESIGNATED for Electronic Filing. (ga, COURT STAFF) (Filed on 6/18/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 06/21/2010)
2010-06-253CERTIFICATE OF SERVICE by Sierra Club, Southern Alliance for Clean Energy re 1 Complaint, (Gallagher, Patrick) (Filed on 6/25/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 06/25/2010)
2010-06-254MOTION for Admission of Attorney Eric E. Huber Pro Hac Vice (Filing fee $ 210.00, receipt number 34611047409) filed by Sierra Club, Southern Alliance for Clean Energy. (gba, COURT STAFF) (Filed on 6/25/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 06/28/2010)
2010-06-255MOTION for Admission of Attorney Douglas P. Hayes Pro Hac Vice (Filing fee $ 210.00, receipt number 34611047410) filed by Sierra Club, Southern Alliance for Clean Energy. (gba, COURT STAFF) (Filed on 6/25/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 06/28/2010)
2010-06-296ORDER by Judge James Larson Granting Admission of Eric Huber 4 Motion for Pro Hac Vice (jlsec, COURT STAFF) (Filed on 6/29/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 06/29/2010)
2010-06-297ORDER by Judge James Larson Granting Admission of Douglas Hayes 5 Motion for Pro Hac Vice (jlsec, COURT STAFF) (Filed on 6/29/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 06/29/2010)
2010-07-088Statement of Corporate Disclosure by Southern Alliance for Clean Energy. (Davis, Gary) (Filed on 7/8/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 07/08/2010)
2010-07-089Statement of Corporate Disclosure by Sierra Club. (Davis, Gary) (Filed on 7/8/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 07/08/2010)
2010-07-1612MOTION for attorney James S. Whitlock leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 34611048220.) filed by Sierra Club, Southern Alliance for Clean Energy. (Attachments: # 1 Proposed Order)(ga, COURT STAFF) (Filed on 7/16/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 07/21/2010)
2010-07-1910CERTIFICATE OF SERVICE by Sierra Club re 6 Order on Motion for Pro Hac Vice, 8 Statement, 9 Statement, 7 Order on Motion for Pro Hac Vice (Huber, Eric) (Filed on 7/19/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 07/19/2010)
2010-07-2011NOTICE of Appearance by David Bernard Glazer on Behalf of the Federal Defendants (Glazer, David) (Filed on 7/20/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 07/20/2010)
2010-07-2113ORDER by Judge James Larson granting Admission of James Whitlock 12 Motion for Pro Hac Vice (jlsec, COURT STAFF) (Filed on 7/21/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 07/21/2010)
2010-07-2314NOTICE of Appearance by Steven Gillingham (Gillingham, Steven) (Filed on 7/23/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 07/23/2010)
2010-09-0115CONSENT to Proceed Before a US Magistrate Judge by Sierra Club, Southern Alliance for Clean Energy.. (Davis, Gary) (Filed on 9/1/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 09/01/2010)
2010-09-0116Declination to Proceed Before a U.S. Magistrate Judge by Robert Gates, Kurt Kunkel, Alan S. Thompson, U.S. Defense Energy Support Center, U.S. Defense Logistics Agency, U.S. Department of Defense. (Gillingham, Steven) (Filed on 9/1/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 09/01/2010)
2010-09-0117CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (fj, COURT STAFF) (Filed on 9/1/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 09/01/2010)
2010-09-0218ORDER REASSIGNING CASE. Case reassigned to Hon. Jeffrey S. White for all further proceedings. Magistrate Judge James Larson no longer assigned to the case.. Signed by Executive Committee on 9/2/10. (ha, COURT STAFF) (Filed on 9/2/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 09/02/2010)
2010-09-0319INITIAL SCHEDULING CONFERENCE ORDER: Case Management Conference set for 10/1/2010 01:30 PM in Courtroom 11, 19th Floor, San Francisco. Case Management Statement due by 9/24/2010.. Signed by Judge Jeffrey S. White on 9/3/10. (jjoS, COURT STAFF) (Filed on 9/3/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 09/03/2010)
2010-09-1020ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Plaintiff Sierra Club (Davis, Gary) (Filed on 9/10/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 09/10/2010)
2010-09-1021ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Plaintiff SACE (Davis, Gary) (Filed on 9/10/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 09/10/2010)
2010-09-1022NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Gillingham, Steven) (Filed on 9/10/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 09/10/2010)
2010-09-1023ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Gillingham, Steven) (Filed on 9/10/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 09/10/2010)
2010-09-2124ADR Clerks Notice Setting ADR Phone Conference on 9/29/10 at 2:00 p.m. Pacific time. Please take note that at the appointed time, all parties shall call 218-339-2500 and use access code 1057593. (sgd, COURT STAFF) (Filed on 9/21/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 09/21/2010)
2010-09-22ADR Remark: The ADR Phone Conference scheduled for 9/29/10 is now set for 9:00 a.m. not 2:00 p.m. Pacific time. Please note that call-in information remains the same. (sgd, COURT STAFF) (Filed on 9/22/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 09/22/2010)
2010-09-2725CASE MANAGEMENT STATEMENT filed by Robert Gates, Kurt Kunkel, Alan S. Thompson, U.S. Defense Energy Support Center, U.S. Defense Logistics Agency, U.S. Department of Defense. (Gillingham, Steven) (Filed on 9/27/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 09/27/2010)
2010-09-2826CERTIFICATE OF SERVICE by Sierra Club, Southern Alliance for Clean Energy re 1 Complaint, (Huber, Eric) (Filed on 9/28/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 09/28/2010)
2010-09-2827CERTIFICATE OF SERVICE by Sierra Club, Southern Alliance for Clean Energy re 1 Complaint, (Huber, Eric) (Filed on 9/28/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 09/28/2010)
2010-09-2928MOTION to Intervene filed by American Petroleum Institute, National Petrochemical and Refiners Association, Chamber of Commerce of the United States of America. Motion Hearing set for 11/12/2010 09:00 AM in Courtroom 11, 19th Floor, San Francisco. (Toben, Elizabeth) (Filed on 9/29/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 09/29/2010)
2010-09-2929Proposed Order re 28 MOTION to Intervene by American Petroleum Institute, Chamber of Commerce of the United States of America, National Petrochemical and Refiners Association. (Toben, Elizabeth) (Filed on 9/29/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 09/29/2010)
2010-09-2930Declaration of Robert Greco III in Support of 28 MOTION to Intervene filed byAmerican Petroleum Institute, Chamber of Commerce of the United States of America, National Petrochemical and Refiners Association. (Related document(s) 28 ) (Toben, Elizabeth) (Filed on 9/29/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 09/29/2010)
2010-09-2931Declaration of Gregory M. Scott in Support of 28 MOTION to Intervene filed byAmerican Petroleum Institute, Chamber of Commerce of the United States of America, National Petrochemical and Refiners Association. (Related document(s) 28 ) (Toben, Elizabeth) (Filed on 9/29/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 09/29/2010)
2010-09-2932Declaration of Karen A. Harbert in Support of 28 MOTION to Intervene filed byAmerican Petroleum Institute, Chamber of Commerce of the United States of America, National Petrochemical and Refiners Association. (Related document(s) 28 ) (Toben, Elizabeth) (Filed on 9/29/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 09/29/2010)
2010-09-2933Certificate of Interested Entities by American Petroleum Institute, Chamber of Commerce of the United States of America, National Petrochemical and Refiners Association (Toben, Elizabeth) (Filed on 9/29/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 09/29/2010)
2010-09-29ADR Remark: ADR Phone Conference held by RWS on 9/29/10. (sgd, COURT STAFF) (Filed on 9/29/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 09/29/2010)
2010-09-2935MOTION for leave to appear in Pro Hac Vice-William E. Gerard ( Filing fee $ 210, receipt number 34611051150.) filed by American Petroleum Institute, Chamber of Commerce of the United States of America, National Petrochemical and Refiners Association. (hdj, COURT STAFF) (Filed on 9/29/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 09/30/2010)
2010-09-2936Proposed Order re 35 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 34611051150.) MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 34611051150.) by American Petroleum Institute, Chamber of Commerce of the United States of America, National Petrochemical and Refiners Association. (hdj, COURT STAFF) (Filed on 9/29/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 09/30/2010)
2010-09-2937MOTION for leave to appear in Pro Hac Vice-Peter R. Steenland ( Filing fee $ 210, receipt number 34611051150.) filed by American Petroleum Institute, Chamber of Commerce of the United States of America, National Petrochemical and Refiners Association. (hdj, COURT STAFF) (Filed on 9/29/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 09/30/2010)
2010-09-2938Proposed Order re 37 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 34611051150.) MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 34611051150.) by American Petroleum Institute, Chamber of Commerce of the United States of America, National Petrochemical and Refiners Association. (hdj, COURT STAFF) (Filed on 9/29/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 09/30/2010)
2010-09-2939CERTIFICATE OF SERVICE by American Petroleum Institute, Chamber of Commerce of the United States of America, National Petrochemical and Refiners Association re 38 Proposed Order, 36 Proposed Order, 35 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 34611051150.) MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 34611051150.), 37 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 34611051150.) MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 34611051150.) (hdj, COURT STAFF) (Filed on 9/29/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 09/30/2010)
2010-09-3034ORDER SETTING BRIEFING SCHEDULE ON MOTION TO INTERVENE. Signed by Judge Jeffrey S. White on 9/30/10. (jjoS, COURT STAFF) (Filed on 9/30/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 09/30/2010)
2010-10-0140ORDER by Judge Jeffrey S. White granting 37 Motion for Pro Hac Vice for Peter R. Steenland (jjoS, COURT STAFF) (Filed on 10/1/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 10/01/2010)
2010-10-0141ORDER by Judge JEFFREY S. WHITE granting 35 Motion for Pro Hac Vice for William E. Gerard (jjoS, COURT STAFF) (Filed on 10/1/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 10/01/2010)
2010-10-0442Minute Entry: Initial Case Management Conference held on 10/1/2010 before Judge Jeffrey S. White (Date Filed: 10/4/2010). Case Management Statement due by 12/10/2010. Further Case Management Conference set for 12/17/2010 09:00 AM. Motion for Change of Venue set for 12/17/2010 09:00 AM in Courtroom 11, 19th Floor, San Francisco. Hearing on Motions for Summary Judgment set for 3/25/2011 09:00 AM in Courtroom 11, 19th Floor, San Francisco. (Court Reporter Joan Columbini.) (jjoS, COURT STAFF) (Date Filed: 10/4/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 10/04/2010)
2010-10-0443STIPULATION by Robert Gates, Kurt Kunkel, Alan S. Thompson, U.S. Defense Energy Support Center, U.S. Defense Logistics Agency, U.S. Department of Defense. (Gillingham, Steven) (Filed on 10/4/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 10/04/2010)
2010-10-0844Joint Declination to Proceed Before a U.S. Magistrate Judge by Robert Gates, Kurt Kunkel, Sierra Club, Southern Alliance for Clean Energy, Alan S. Thompson, U.S. Defense Energy Support Center, U.S. Defense Logistics Agency, U.S. Department of Defense. (Davis, Gary) (Filed on 10/8/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 10/08/2010)
2010-10-1245RESPONSE in Support re 28 MOTION to Intervene (Non-Opposition) filed byRobert Gates, Kurt Kunkel, Alan S. Thompson, U.S. Defense Energy Support Center, U.S. Defense Logistics Agency, U.S. Department of Defense. (Glazer, David) (Filed on 10/12/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 10/12/2010)
2010-10-1346Proposed Order re 28 MOTION to Intervene by Sierra Club, Southern Alliance for Clean Energy. (Whitlock, James) (Filed on 10/13/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 10/13/2010)
2010-10-1847NOTICE by American Petroleum Institute, Chamber of Commerce of the United States of America, National Petrochemical and Refiners Association re 34 Order Setting Briefing Schedule on Motion to Intervene (Attachments: # 1 Exhibit, # 2 Exhibit)(Toben, Elizabeth) (Filed on 10/18/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 10/18/2010)
2010-10-1948Statement of Non-Opposition re 28 MOTION to Intervene filed bySierra Club, Southern Alliance for Clean Energy. (Attachments: # 1 Proposed Order)(Related document(s) 28 ) (Whitlock, James) (Filed on 10/19/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 10/19/2010)
2010-10-1949ORDER by Judge Jeffrey S. White granting 28 Motion to Intervene (jjoS, COURT STAFF) (Filed on 10/19/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 10/19/2010)
2010-10-2950Defendants' ANSWER to Complaint byRobert Gates, Kurt Kunkel, Alan S. Thompson, U.S. Defense Energy Support Center, U.S. Defense Logistics Agency, U.S. Department of Defense. (Gillingham, Steven) (Filed on 10/29/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 10/29/2010)
2010-10-2951ANSWER to Complaint byAmerican Petroleum Institute, Chamber of Commerce of the United States of America, National Petrochemical and Refiners Association. (Toben, Elizabeth) (Filed on 10/29/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 10/29/2010)
2010-11-1252First MOTION to Change Venue filed by Robert Gates, Kurt Kunkel, Alan S. Thompson, U.S. Defense Energy Support Center, U.S. Defense Logistics Agency, U.S. Department of Defense. Motion Hearing set for 12/17/2010 09:00 AM in Courtroom 11, 19th Floor, San Francisco. (Attachments: # 1 Appendix)(Gillingham, Steven) (Filed on 11/12/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 11/12/2010)
2010-11-12***Deadlines terminated: Motion placeholder is vacated pursuant to the filing of: 52 First MOTION to Change Venue filed by Alan S. Thompson, U.S. Department of Defense, U.S. Defense Logistics Agency, Kurt Kunkel, U.S. Defense Energy Support Center, Robert Gates. (jjoS, COURT STAFF) (Filed on 11/12/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 11/12/2010)
2010-11-1253MOTION to Change Venue filed by American Petroleum Institute, Chamber of Commerce of the United States of America, National Petrochemical and Refiners Association. Motion Hearing set for 12/17/2010 09:00 AM in Courtroom 11, 19th Floor, San Francisco. (Attachments: # 1 Proposed Order)(Toben, Elizabeth) (Filed on 11/12/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 11/12/2010)
2010-11-1254Proposed Order re 52 First MOTION to Change Venue by Robert Gates, Kurt Kunkel, Alan S. Thompson, U.S. Defense Energy Support Center, U.S. Defense Logistics Agency, U.S. Department of Defense. (Gillingham, Steven) (Filed on 11/12/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 11/12/2010)
2010-11-1855MOTION for Extension of Time to File Response/Reply as to 52 First MOTION to Change Venue, 53 MOTION to Change Venue filed by Sierra Club, Southern Alliance for Clean Energy. Motion Hearing set for 12/17/2010 09:00 AM in Courtroom 11, 19th Floor, San Francisco. (Attachments: # 1 Proposed Order)(Davis, Gary) (Filed on 11/18/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 11/18/2010)
2010-11-1956AMENDED COMPLAINT FIRST against American Petroleum Institute, Chamber of Commerce of the United States of America, Robert Gates, Kurt Kunkel, National Petrochemical and Refiners Association, Alan S. Thompson, U.S. Defense Energy Support Center, U.S. Defense Logistics Agency, U.S. Department of Defense. Filed bySierra Club, Southern Alliance for Clean Energy. (Davis, Gary) (Filed on 11/19/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 11/19/2010)
2010-11-2457ORDER by Judge JEFFREY S. WHITE granting 55 Motion for Extension of Time to File Response/Reply as to 52 First MOTION to Change Venue, 53 MOTION to Change Venue. Responses due by 12/1/2010. Replies due by 12/15/2010. (jjoS, COURT STAFF) (Filed on 11/24/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 11/24/2010)
2010-11-24Set/Reset Deadlines as to 53 MOTION to Change Venue, 52 First MOTION to Change Venue. Responses due by 12/1/2010. Replies due by 12/15/2010. Motion Hearing set for 1/21/2011 09:00 AM in Courtroom 11, 19th Floor, San Francisco. (jjoS, COURT STAFF) (Filed on 11/24/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 11/24/2010)
2010-11-2458CLERKS NOTICE Case Management Conference set for 2/18/2011 01:30 PM in Courtroom 11, 19th Floor, San Francisco. Joint case management statement due: 2/11/2011. (jjoS, COURT STAFF) (Filed on 11/24/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 11/24/2010)
2010-12-0159Memorandum in Opposition re 53 MOTION to Change Venue, 52 First MOTION to Change Venue filed bySierra Club, Southern Alliance for Clean Energy. (Attachments: # 1 Exhibit A - Voss Declaration, # 2 Exhibit B - Magavern Declaration, # 3 Exhibit C - LMI Report, # 4 Proposed Order, # 5 Exhibit Unpublished Opinion, # 6 Exhibit Unpublished Opinion, # 7 Exhibit Unpublished Opinion, # 8 Exhibit Unpublished Opinion)(Davis, Gary) (Filed on 12/1/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 12/01/2010)
2010-12-0360ANSWER to Amended Complaint byAmerican Petroleum Institute, Chamber of Commerce of the United States of America, National Petrochemical and Refiners Association. (Toben, Elizabeth) (Filed on 12/3/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 12/03/2010)
2010-12-0661Defendant's ANSWER to Amended Complaint byRobert Gates, Kurt Kunkel, Alan S. Thompson, U.S. Defense Energy Support Center, U.S. Defense Logistics Agency, U.S. Department of Defense. (Gillingham, Steven) (Filed on 12/6/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 12/06/2010)
2010-12-1562Reply to Opposition re 53 MOTION to Change Venue filed byAmerican Petroleum Institute, Chamber of Commerce of the United States of America, National Petrochemical and Refiners Association. (Toben, Elizabeth) (Filed on 12/15/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 12/15/2010)
2010-12-1563Reply to Opposition re 52 First MOTION to Change Venue filed byRobert Gates, Kurt Kunkel, Alan S. Thompson, U.S. Defense Energy Support Center, U.S. Defense Logistics Agency, U.S. Department of Defense. (Gillingham, Steven) (Filed on 12/15/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 12/15/2010)
2010-12-3064MOTION for Leave to File Administrative Record Manually filed by Robert Gates, Kurt Kunkel, Alan S. Thompson, U.S. Defense Energy Support Center, U.S. Defense Logistics Agency, U.S. Department of Defense. Motion Hearing set for 12/21/2010 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. (Gillingham, Steven) (Filed on 12/30/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 12/30/2010)
2010-12-3065Proposed Order re 64 MOTION for Leave to File Administrative Record Manually by Robert Gates, Kurt Kunkel, Alan S. Thompson, U.S. Defense Energy Support Center, U.S. Defense Logistics Agency, U.S. Department of Defense. (Gillingham, Steven) (Filed on 12/30/2010) [Transferred from California Northern on 1/13/2011.] (Entered: 12/30/2010)
2011-01-0366ORDER by Judge JEFFREY S. WHITE granting 64 Motion for Leave to File Administrative Record Manually (jjoS, COURT STAFF) (Filed on 1/3/2011) [Transferred from California Northern on 1/13/2011.] (Entered: 01/03/2011)
2011-01-0467MOTION Leave From Requirment to Submit Paper Copy of Administrative Record to Chambers Unopposed filed by Sierra Club, Southern Alliance for Clean Energy. (Attachments: # 1 Proposed Order)(Whitlock, James) (Filed on 1/4/2011) [Transferred from California Northern on 1/13/2011.] (Entered: 01/04/2011)
2011-01-0468ORDER by Judge Jeffrey S. White granting 67 Motion for Leave From Requirement to Submit A Paper Copy of the Administrative Record (jjoS, COURT STAFF) (Filed on 1/4/2011) [Transferred from California Northern on 1/13/2011.] (Entered: 01/04/2011)
2011-01-0669NOTICE by Robert Gates, Kurt Kunkel, Alan S. Thompson, U.S. Defense Energy Support Center, U.S. Defense Logistics Agency, U.S. Department of Defense re 66 Order on Motion for Leave to File Filing Administrative Record (Gillingham, Steven) (Filed on 1/6/2011) [Transferred from California Northern on 1/13/2011.] (Entered: 01/06/2011)
2011-01-1170ORDER by Judge Jeffrey S. White GRANTING 52 , 53 Motion to Change Venue. (jswlc2, COURT STAFF) (Filed on 1/11/2011) [Transferred from California Northern on 1/13/2011.] (Entered: 01/11/2011)
2011-01-1372Case transferred in from District of California Northern; Case Number 3:10-cv-02673. Original file and docket sheet received. (Entered: 01/13/2011)
2011-02-0773NOTICE of Appearance by Timothy Kenly Webster on behalf of American Petroleum Institute, Chamber of Commerce of the United States of America, National Petrochemical and Refiners Association (Webster, Timothy) (Entered: 02/07/2011)
2011-02-1774NOTICE of Appearance by David Sanburg Bailey on behalf of Sierra Club, Southern Alliance for Clean Energy (Bailey, David) (Entered: 02/17/2011)
2011-02-1775MOTION for Summary Judgment by Sierra Club, Southern Alliance for Clean Energy. (Bailey, David) (Entered: 02/17/2011)
2011-02-1776Memorandum in Support re 75 MOTION for Summary Judgment filed by Sierra Club, Southern Alliance for Clean Energy. (Bailey, David) (Entered: 02/17/2011)
2011-02-1777Memorandum in Support re 75 MOTION for Summary Judgment filed by Sierra Club, Southern Alliance for Clean Energy. (Attachments: # 1 Exhibit reference case, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit)(Bailey, David) (Entered: 02/17/2011)
2011-02-1778Memorandum in Support re 75 MOTION for Summary Judgment filed by Sierra Club, Southern Alliance for Clean Energy. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(Bailey, David) (Entered: 02/17/2011)
2011-02-1779NOTICE of Appearance by Tammy L. Belinsky on behalf of Sierra Club, Southern Alliance for Clean Energy (Belinsky, Tammy) (Entered: 02/17/2011)
2011-02-1780NOTICE of Appearance by Dennis Carl Barghaan, Jr on behalf of Robert Gates, Kurt Kunkel, Alan S. Thompson, U.S. Defense Energy Support Center, U.S. Defense Logistics Agency, U.S. Department of Defense (Barghaan, Dennis) (Entered: 02/17/2011)
2011-02-2281Memorandum in Support re 75 MOTION for Summary Judgment EXHIBIT 15 filed by Sierra Club, Southern Alliance for Clean Energy. (Attachments: # 1 Exhibit)(Bailey, David) (Entered: 02/22/2011)
2011-02-2482ORDER for Pro hac vice of Gary Allen Davis Filing fee $ 50, receipt number 14683019613. Signed by District Judge Claude M. Hilton on 2/24/2011. (Attachments: # 1 Receipt)(rban, ) (Main Document 82 replaced on 2/28/2011) (rban, ). (Entered: 02/28/2011)
2011-02-2886ORDER granted for Pro hac vice of Eric Eugene Huber Filing fee $ 50.00, receipt number 14683019614. Signed by District Judge Claude M. Hilton on 2/28/11. (Attachments: # 1 Receipt)(tfitz, ) (Entered: 03/04/2011)
2011-02-2887ORDER granted for Pro hac vice of Peter Richard Steenland, Jr. Filing fee $ 50.00, receipt number 14683019654. Signed by District Judge Claude M. Hilton on 2/28/11. (Attachments: # 1 Receipt)(tfitz, ) (Entered: 03/04/2011)
2011-03-0183MOTION for Extension of Time to File Response/Reply as to 75 MOTION for Summary Judgment by Alan S. Thompson, U.S. Defense Energy Support Center, U.S. Defense Logistics Agency, U.S. Department of Defense. (Attachments: # 1 Proposed Order)(Barghaan, Dennis) (Entered: 03/01/2011)
2011-03-0184MOTION for Extension of Time to File Response/Reply as to 75 MOTION for Summary Judgment by American Petroleum Institute, Chamber of Commerce of the United States of America, National Petrochemical and Refiners Association. (Attachments: # 1 Proposed Order)(Webster, Timothy) (Entered: 03/01/2011)
2011-03-02Notice of Correction re 84 MOTION for Extension of Time to File Response/Reply as to 75 MOTION for Summary Judgment MOTION for Extension of Time to File Response/Reply as to 75 MOTION for Summary Judgment, 83 MOTION for Extension of Time to File Response/Reply as to 75 MOTION for Summary Judgment MOTION for Extension of Time to File Response/Reply as to 75 MOTION for Summary Judgment. The filing users has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (rban, ) (Entered: 03/02/2011)
2011-03-0385AGREED ORDER that the federal and intervenor defendants file their memoranda in opposition to plaintiffs' motion forsummary judgment, as well as their own dispositive motions, onor before March 21, 2011; it is further ORDERED that plaintiffs file any reply memoranda in support of their own motion for summary judgment and in opposition to the federal and intervenor-defendants dispositive motions, on or before April 18, 2011; it is further ORDERED that the federal and intervenor defendants file their reply memoranda in support oftheir own cross-dispositive motions, on or before April 27,2011; is it hereby ORDERED thatall parties notice theirrespective motions for hearing before this Court on May 13, 2011; and it is hereby ORDERED that in light of the above agreement, the federal and intervenor defendants' motions for enlargement of time are hereby DENIED without prejudice as MOOT. Signed by District Judge Claude M. Hilton on 3/3/11. (tfitz, ) (Entered: 03/04/2011)
2011-03-2188MOTION to Dismiss for Lack of Jurisdiction by Robert Gates, Kurt Kunkel, Alan S. Thompson, U.S. Defense Energy Support Center, U.S. Defense Logistics Agency, U.S. Department of Defense. (Barghaan, Dennis) (Entered: 03/21/2011)
2011-03-2189MOTION for Summary Judgment by Robert Gates, Kurt Kunkel, Alan S. Thompson, U.S. Defense Energy Support Center, U.S. Defense Logistics Agency, U.S. Department of Defense. (Barghaan, Dennis) (Entered: 03/21/2011)
2011-03-2190Memorandum in Support re 88 MOTION to Dismiss for Lack of Jurisdiction, 89 MOTION for Summary Judgment filed by Robert Gates, Kurt Kunkel, Alan S. Thompson, U.S. Defense Energy Support Center, U.S. Defense Logistics Agency, U.S. Department of Defense. (Attachments: # 1 Exhibit 1)(Barghaan, Dennis) (Entered: 03/21/2011)
2011-03-2191Memorandum in Opposition re 75 MOTION for Summary Judgment filed by Robert Gates, Kurt Kunkel, Alan S. Thompson, U.S. Defense Energy Support Center, U.S. Defense Logistics Agency, U.S. Department of Defense. (Attachments: # 1 Exhibit 1)(Barghaan, Dennis) (Entered: 03/21/2011)
2011-03-2192Notice of Hearing Date set for 5/13/2011 re 88 MOTION to Dismiss for Lack of Jurisdiction, 89 MOTION for Summary Judgment (Barghaan, Dennis) (Entered: 03/21/2011)
2011-03-2193Cross MOTION to Dismiss for Lack of Jurisdiction by American Petroleum Institute, Chamber of Commerce of the United States of America, National Petrochemical and Refiners Association. (Webster, Timothy) (Entered: 03/21/2011)
2011-03-2194Cross MOTION for Summary Judgment by American Petroleum Institute, Chamber of Commerce of the United States of America, National Petrochemical and Refiners Association. (Webster, Timothy) (Entered: 03/21/2011)
2011-03-2195Memorandum in Support re 93 Cross MOTION to Dismiss for Lack of Jurisdiction, 94 Cross MOTION for Summary Judgment filed by American Petroleum Institute, Chamber of Commerce of the United States of America, National Petrochemical and Refiners Association. (Attachments: # 1 Exhibit)(Webster, Timothy) (Entered: 03/21/2011)
2011-03-2196Memorandum in Opposition re 75 MOTION for Summary Judgment filed by American Petroleum Institute, Chamber of Commerce of the United States of America, National Petrochemical and Refiners Association. (Attachments: # 1 Exhibit)(Webster, Timothy) (Entered: 03/21/2011)
2011-03-2197Notice of Hearing Date set for 5/13/2011 re 93 Cross MOTION to Dismiss for Lack of Jurisdiction, 94 Cross MOTION for Summary Judgment (Webster, Timothy) (Entered: 03/21/2011)
2011-03-22Set Deadlines as to 88 MOTION to Dismiss for Lack of Jurisdiction, 89 MOTION for Summary Judgment, 94 Cross MOTION for Summary Judgment, 93 Cross MOTION to Dismiss for Lack of Jurisdiction. Motion Hearing set for 5/13/2011 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (clar, ) (Entered: 03/22/2011)
2011-03-2298Notice of Hearing Date set for May 13, 2011 re 75 MOTION for Summary Judgment (Bailey, David) (Entered: 03/22/2011)
2011-03-22Set Deadlines as to 75 MOTION for Summary Judgment. Motion Hearing set for 5/13/2011 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (clar, ) (Entered: 03/22/2011)
2011-03-3199Joint MOTION for Leave to File Excess Pages in briefs on dispositive motions, for all parties by Sierra Club, Southern Alliance for Clean Energy. (Attachments: # 1 Proposed Order)(Belinsky, Tammy) (Entered: 03/31/2011)
2011-03-31100SCHEDULING ORDER:Initial Pretrial Conference set for 4/13/2011 at 11:00 AM in Alexandria Courtroom 301 before Magistrate Judge Thomas Rawles Jones Jr. Final Pretrial Conference set for 7/21/2011 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. Discovery due by 7/15/2011. Signed by District Judge Claude M. Hilton on 3/31/11. (Attachments: # 1 Pretrial Notice, # 2 Magistrate Consent Form)(tfitz, ) (Entered: 04/04/2011)
2011-04-06101Joint MOTION to Vacate 100 Scheduling Order, by American Petroleum Institute, Chamber of Commerce of the United States of America, Robert Gates, Kurt Kunkel, National Petrochemical and Refiners Association, Sierra Club, Southern Alliance for Clean Energy, Alan S. Thompson, U.S. Defense Energy Support Center, U.S. Defense Logistics Agency, U.S. Department of Defense. (Attachments: # 1 Proposed Order)(Barghaan, Dennis) (Entered: 04/06/2011)
2011-04-18102NOTICE by Sierra Club, Southern Alliance for Clean Energy filing of hard copy PHV (Attachments: # 1 PRO HAC VICE FORM)(Bailey, David) (Entered: 04/18/2011)
2011-04-18103Reply to Motion re 94 Cross MOTION for Summary Judgment, 89 MOTION for Summary Judgment, 93 Cross MOTION to Dismiss for Lack of Jurisdiction, 88 MOTION to Dismiss for Lack of Jurisdiction filed by Sierra Club, Southern Alliance for Clean Energy. (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 Attachment to Exhibit J)(Bailey, David) (Entered: 04/18/2011)
2011-04-18104ORDER granting 101 Joint Motion to Vacate scheduling order of April 4, 2011.. Signed by District Judge Claude M. Hilton on 4/18/11. (nmck, ) (Entered: 04/19/2011)
2011-04-25105Consent MOTION for Extension of Time to File Response/Reply by Robert Gates, Kurt Kunkel, Alan S. Thompson, U.S. Defense Energy Support Center, U.S. Defense Logistics Agency, U.S. Department of Defense. (Attachments: # 1 Proposed Order)(Barghaan, Dennis) (Entered: 04/25/2011)
2011-04-26106ORDERED that the 105 Consent Motion is GRANTED; and it is further ORDERED that the federal Defendants' shall file their reply memoranda in support of their Motions To Dismiss, Or, In the Alternative, For Summary Judgment, on or before April 29, 2011. Signed by District Judge Claude M. Hilton on 4/26/11. (tfitz, ) (Entered: 04/27/2011)
2011-04-27107REPLY to Response to Motion re 93 Cross MOTION to Dismiss for Lack of Jurisdiction, 94 Cross MOTION for Summary Judgment filed by American Petroleum Institute, Chamber of Commerce of the United States of America, National Petrochemical and Refiners Association. (Webster, Timothy) (Entered: 04/27/2011)
2011-04-28108SECOND AMENDED COMPLAINT against American Petroleum Institute, Chamber of Commerce of the United States of America, Robert Gates, Kurt Kunkel, National Petrochemical and Refiners Association, Alan S. Thompson, U.S. Defense Energy Support Center, U.S. Defense Logistics Agency, U.S. Department of Defense, filed by Sierra Club, Southern Alliance for Clean Energy.(Bailey, David) Modified to edit text on 5/31/2011 (tfitz, ). (Entered: 04/28/2011)
2011-04-28109Joint STIPULATION re 108 Amended Complaint, by Sierra Club, Southern Alliance for Clean Energy. (Bailey, David) Modified to edit text on 4/28/2011 (tfitz, ). (Entered: 04/28/2011)
2011-04-29110REPLY to Response to Motion re 88 MOTION to Dismiss for Lack of Jurisdiction, 89 MOTION for Summary Judgment filed by Robert Gates, Kurt Kunkel, Alan S. Thompson, U.S. Defense Energy Support Center, U.S. Defense Logistics Agency, U.S. Department of Defense. (Barghaan, Dennis) (Entered: 04/29/2011)
2011-05-11111NOTICE of Submission of Corrected Administrative Record by Robert Gates, Kurt Kunkel, Alan S. Thompson, U.S. Defense Energy Support Center, U.S. Defense Logistics Agency, U.S. Department of Defense (Attachments: # 1 Index, # 2 Unsealed Additional Record Materials)(Barghaan, Dennis) Part I and Part II of the Additional Administrative Record Materials filed UNDER SEAL w/ Clerk's Office. Modified to edit text on 5/12/2011 (tfitz, ). (Entered: 05/11/2011)
2011-05-11112MOTION to Seal by Robert Gates, Kurt Kunkel, Alan S. Thompson, U.S. Defense Energy Support Center, U.S. Defense Logistics Agency, U.S. Department of Defense. (Attachments: # 1 Index)(Barghaan, Dennis) (Entered: 05/11/2011)
2011-05-11113Memorandum in Support re 112 MOTION to Seal filed by Robert Gates, Kurt Kunkel, Alan S. Thompson, U.S. Defense Energy Support Center, U.S. Defense Logistics Agency, U.S. Department of Defense. (Barghaan, Dennis) (Entered: 05/11/2011)
2011-05-11114Notice of Hearing Date set for 5/20/2011 re 112 MOTION to Seal (Barghaan, Dennis) (Entered: 05/11/2011)
2011-05-11MOTION REFERRED to Magistrate Judge: Thomas Rawles Jones, Jr.. 112 MOTION to Seal (stas) (Entered: 05/12/2011)
2011-05-11Set Deadline as to 112 MOTION to Seal. Motion Hearing set for 5/20/2011 at 10:00 AM in Alexandria Courtroom 301 before Magistrate Judge Thomas Rawles Jones Jr.. (stas) (Entered: 05/12/2011)
2011-05-11115ORDER granted for Pro hac vice of Douglas Hayes Filing fee $ 50.00, receipt number 14683020989. Signed by District Judge Claude M. Hilton on 5/11/11. (Attachments: # 1 Receipt)(tfitz, ) (Entered: 05/12/2011)
2011-05-13116Minute Entry for proceedings held before District Judge Claude M. Hilton: Cross Motions Hearing held on 5/13/2011 re [75, 88, 89, 93 and 94] Cross MOTIONS to Dismiss or in the Alternative, for Summary Judgment. Appearances of counsel. Motions argued and taken under advisement. Order to follow. (Court Reporter T. Westfall.) (dper) (Entered: 05/13/2011)
2011-05-18Reset Deadlines as to 112 MOTION to Seal. Motion Hearing set for 5/20/2011 at 10:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. (Per TRJ chambers) (clar, ) (Entered: 05/18/2011)
2011-05-20117Minute Entry for proceedings held before Magistrate Judge John F. Anderson: Appearances; of counsel for the Defendant.Motion Hearing held on 5/20/2011 re 112 MOTION to Seal filed by Alan S. Thompson, U.S. Department of Defense, U.S. Defense Logistics Agency, Kurt Kunkel, U.S. Defense Energy Support Center, Robert Gates. The motion to seal is GRANTED. ORDER TO FOLLOW. (Tape #ftr.) (nbla, ) (Entered: 05/20/2011)
2011-05-20118ORDER granting 112 Motion to Seal. SEE ORDER FOR SPECIFIC DETAILS. Signed by Magistrate Judge John F. Anderson on 05/20/2011. (nbla, ) (Entered: 05/20/2011)
2011-05-23119NOTICE of Public Filing of Unsealed Pages of Corrected Administrative Record by Robert Gates, Kurt Kunkel, Alan S. Thompson, U.S. Defense Energy Support Center, U.S. Defense Logistics Agency, U.S. Department of Defense (Attachments: # 1 Bates Nos. 10392-10412; 10464-10493)(Barghaan, Dennis) (Entered: 05/23/2011)
2011-07-29121MEMORANDUM OPINION re: Motions to Dismiss. (see Order for complete details). Signed by District Judge Claude M. Hilton on 7/29/11. (tfitz, ) (Entered: 08/02/2011)
2011-07-29122ORDERED that Defendants' Motion to Dismiss and Defendant- Intervenors' Motion to Dismiss are GRANTED, and this case is DISMISSED. Signed by District Judge Claude M. Hilton on 7/29/11. (tfitz, ) (Entered: 08/02/2011)
2011-08-01120AGREED ORDER that Count III of plaintiffs' complaint be, and hereby is, DISMISSED WITH PREJUDICE. Signed by District Judge Claude M. Hilton on 8/1/11. (tfitz, ) (Entered: 08/02/2011)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar