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Case TitleCenter for Biologica v. DOD, et al
DistrictDistrict of Arizona
CityPhoenix Division
Case Number2:2003cv02483
Date Filed2003-12-17
Date Closed2005-08-23
JudgeJudge Mary H Murguia
PlaintiffCenter for Biological Diversity
DefendantUnited States Department of Defense
DefendantUnited States Army
Documents
Docket
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2003-06-1421MINUTE ENTRY before Judge Mary H. Murguia . Crt Rptr: Merilyn Sanchez. Present: Michael Arkfeld for dft; by telephone: Robin Cooley for pla. Scheduling conference held; court approves case mgmt plan; order to issue. ORDERED setting status hearing re settlement status for 3:30 p.m., 9/20/04 [cc: all cnsl]] [21-2] (former emp) (Entered: 06/15/2004)
2003-12-171COMPLAINT FILED (MRB) (Entered: 12/17/2003)
2003-12-172MOTION for admission pro hac vice as to Robin Cooley, atty for pla Center for Biologica [2-1] (LAD) (Entered: 12/19/2003)
2003-12-18Pro Hac Vice $25 Fee Paid as to Robin L Cooley (BAS) (Entered: 12/18/2003)
2004-01-093ORDER by Judge Mary H. Murguia granting motion for admission pro hac vice as to Robin Cooley, atty for pla Center for Biologica [2-1] (cc: all counsel) (LAD) (ADI-ICMS, ). (Entered: 01/09/2004)
2004-01-224MOTION to transfer case to Tucson Division by dfts [4-1] (LAD) (Entered: 01/26/2004)
2004-02-035RESPONSE by pla Center for Biologica to motion to transfer case to Tucson Division by dfts [4-1] (LAD) (Entered: 02/09/2004)
2004-02-066MOTION to extend time to answer complaint [1-1] (for 3 weeks) by dfts [6-1] (no proposed document) (LAD) (Entered: 02/11/2004)
2004-02-197ORDER by Judge Mary H. Murguia granting motion to extend time to answer complaint [1-1] (for 3 weeks) by dfts [6-1] (no proposed document); ORDERED that dfts shall have up to and including 2/27/04 to file their responsive pleading to pla's complaint (cc: all counsel) (LAD) (ADI-ICMS, ). (Entered: 02/19/2004)
2004-02-248REPLY by dfts to response to motion to transfer case to Tucson Division by dfts [4-1] (LAD) (Entered: 02/26/2004)
2004-02-279MOTION to extend time to answer complaint [1-1] (up to and including 3/3/04) by dfts [9-1] (no proposed document) (LAD) (Entered: 03/03/2004)
2004-03-0110RETURN OF SERVICE EXECUTED summons/complaint upon dft DOD, dft ARMY on by certified mail service upon US Attorney General John Ashcroft in Washington, DC 1/12/04 (LAD) (Entered: 03/05/2004)
2004-03-0111RETURN OF SERVICE EXECUTED summons/complaint upon dft ARMY by certified mail in Washington, DC on 1/14/04 (LAD) (Entered: 03/05/2004)
2004-03-0112RETURN OF SERVICE EXECUTED summons/complaint upon dft DOD in Washington, DC (signed but not dated as to service) (LAD) (Entered: 03/05/2004)
2004-03-0113RETURN OF SERVICE of summons/complaint upon dft DOD, dft ARMY by service upon the US Attorney in Phoenix, AZ (domestic return receipt not attached - no proof of service) (LAD) (Entered: 03/05/2004)
2004-03-0214ANSWER to complaint [1-1] by dft DOD, dft ARMY (LAD) (Entered: 03/05/2004)
2004-03-0515ORDER by Judge Mary H. Murguia granting motion to extend time to answer complaint [1-1] (up to and including 3/3/04) by dfts [9-1] (no proposed document) (cc: all counsel) (LAD) (ADI-ICMS, ). (Entered: 03/05/2004)
2004-03-2316ORDER by Judge Mary H. Murguia scheduling conf set for 4:00 6/7/04 ; counsel who will be responsible for trial of the lawsuit for each party shall personally appear and participate in the scheduling conference if they office in Maricopa County; all counsel who office outside of Maricopa County must advise the Court 3 days prior to this conference if they plan to participate by telephone, otherwise they will be expected to personally appear; all parties are to conduct an initial case management meeting at least 14 days before the scheduling conference in accordance with Rule 26(f) of the Federal Rules of Civil Procedure; counsel shall jointly file their proposed case management plan and their proposed scheduling order with the Clerk of Court not less than 7 business days before the scheduling conference; FURTHER ORDERED that the Clerk of Court send copies of this order to all counsel of record and to all parties, if any, appearing in propria persona (cc: all counsel) (LAD) (ADI-ICMS, ). (Entered: 03/23/2004)
2004-04-0517MINUTE ORDER prel scheduling conf set for 6/7/04 is vacated and reset to 4:00 p.m., 6/14/04 (cc: all counsel) 17 (former emp) (Entered: 04/05/2004)
2004-06-0418PROPOSED CASE MGT PLAN/REPORT: discovery cutoff 8/16/04; dispositive motions filing ddl is 9/1/04 (LAD) (Entered: 06/07/2004)
2004-06-1419ORDER by Judge Mary H. Murguia denying motion to transfer case to Tucson Division by dfts [4-1] (cc: all counsel) (LAD) (ADI-ICMS, ). (Entered: 06/14/2004)
2004-06-1520SCHEDULING ORDER by Judge Mary H. Murguia ; discovery due 10/1/04 ; dispositive motions due 11/1/04 (cc: all counsel) re: order (scheduling) [20-1] (LAD) (ADI-ICMS, ). (Entered: 06/15/2004)
2004-07-0122MOTION to extend time (to file administrative record index for 7 additional days) by dfts [22-1] (no proposed document) (LAD) (Entered: 07/02/2004)
2004-07-0923ADMINISTRATIVE RECORD EXHIBIT DESIGNATION by dfts (LAD) (Entered: 07/12/2004)
2004-07-1624ORDER by Judge Mary H. Murguia granting motion to extend time (to file administrative record index for 7 additional days) by dfts [22-1] (no proposed document); dfts shall have up to and including 7/9/04 to file their administrative record index (cc: all counsel) (administrative record index has been filed) (LAD) (ADI-ICMS, ). (Entered: 07/16/2004)
2004-07-2625NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla Center for Biologica (LAD) (Entered: 07/27/2004)
2004-07-2726NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dfts (LAD) (Entered: 07/29/2004)
2004-08-2027NOTICE of service of discovery by pla Center for Biologica (LAD) (Entered: 08/23/2004)
2004-09-1628NOTICE of service of discovery by dfts. (LAD) (Entered: 09/20/2004)
2004-09-2029MINUTE ENTRY before Judge Mary H. Murguia. Crt Rptr: David Lee. Appearances: Robin Cooley (telephonically) for the plaintiff. Michael Arkfeld for the defendants. Status Hearing held. Defense counsel advises the Court that defendants will be filing a motion for summary judgment. [cc: MHM] [29-2] (KSB) (Entered: 09/20/2004)
2004-10-2530STIPULATION to extend time for pla's motion for summary judgment (to 11/8/04) by pla, dfts (no original signature of dfts' counsel; no proposed document) (1st request) (LAD) (Entered: 10/26/2004)
2004-11-0431ORDER by Judge Mary H. Murguia granting stipulation to extend time for pla's motion for summary judgment (to 11/8/04) by pla, dfts (no original signature of dfts' counsel; no proposed document) (cc: all counsel) (MAP) (ADI-ICMS, ). (Entered: 11/04/2004)
2004-11-0932STIPULATED MOTION for enlargement of time for pla motion for summary jdugment (second request) by pla, dfts [32-1] (motion for summary judgment, statement of facts, memorandum in support of motion, certfificate of service and exhibits lodged and placed at docket clerk's desk) (CMM) (Entered: 11/10/2004)
2004-11-09LODGED motion for summary judgment, statement of facts in support of motion, memorandum in support of motion, certificate of service and exnibits by pla, re #32 (CMM) (Entered: 11/10/2004)
2004-11-0934MOTION for summary judgment by pla Center for Biologica [34-1] (OK to file per order #33 11/17/04) (LAD) (Entered: 11/17/2004)
2004-11-0935STATEMENT OF FACTS by pla Center for Biologica re motion for summary judgment by pla Center for Biologica [34-1] (OK to file per order #33 11/17/04) (LAD) (Entered: 11/17/2004)
2004-11-0936MEMORANDUM IN SUPPORT by pla Center for Biologica of motion for summary judgment by pla Center for Biologica [34-1] (OK to file per order #33 11/17/04) (LAD) (Entered: 11/17/2004)
2004-11-0937EXHIBITS Re: motion for summary judgment by pla Center for Biologica [34-1] by pla Center for Biologica (BULKY DOCUMENT; OK to file per order #33 11/17/04) (LAD) (Entered: 11/17/2004)
2004-11-0938CERTIFICATE of service (of motion for summary judgment and related documents) by pla Center for Biologica (LAD) (Entered: 11/17/2004)
2004-11-1733ORDER by Judge Mary H. Murguia granting motion for enlargement of time for pla motion for summary jdugment (second request) by pla, dfts [32-1] (motion for summary judgment, statement of facts, memorandum in support of motion, certfificate of service and exhibits lodged and placed at docket clerk's desk) lodged document [0-0] terminated (cc: all counsel) (LAD) (ADI-ICMS, ). (Entered: 11/17/2004)
2004-12-0839MOTION to extend time to respond to motion for summary judgment (to and including 12/21/04) by dfts [39-1] (LAD) (Entered: 12/10/2004)
2004-12-1440ORDER by Judge Mary H. Murguia granting motion to extend time to respond to motion for summary judgment (to and including 12/21/04) by dfts [39-1] (cc: all counsel) (LAD) (ADI-ICMS, ). (Entered: 12/14/2004)
2004-12-2141MOTION to extend time to respond to motion for summary judgment (no later than 1/4/05) by dfts [41-1] (LAD) (Entered: 12/23/2004)
2004-12-2842ORDER by Judge Mary H. Murguia granting motion to extend time to respond to motion for summary judgment (no later than 1/4/05) by dfts [41-1]; ORDERED that dfts shall have up to and including 1/4/05 to respond (cc: all counsel) (LAD) (ADI-ICMS, ). (Entered: 12/28/2004)
2005-01-0443CROSS-MOTION for summary judgment by dft DOD, dft ARMY [43-1] and RESPONSE (OPPOSITION) to motion for summary judgment by Center for Biologica [34-1] [34-1] by dft DOD, dft ARMY (LAD) Modified on 01/13/2005 (Entered: 01/06/2005)
2005-01-1144NOTICE OF FILING ORIGINAL DECLARATION of Colonel Mark S Graham re cross-motion for summary judgment by dft DOD, dft ARMY [43-1], re resp to motion for summary judgment [43-2] by dfts (LAD) (Entered: 01/13/2005)
2005-01-2045STIPULATION regarding pla's reply to extend time to file pla's reply in support of motion for summary judgment and opposition to dft's cross motion for summary judgment until 2/9/05 by pla Center for Biologica (SRB) (Entered: 01/24/2005)
2005-01-2746ORDER by Judge Mary H. Murguia granting stipulation to extend time to file pla's reply in support of motion for summary judgment and opposition to dft's cross motion for summary judgment until 2/9/05 by pla Center for Biologica (cc: all counsel) (LAD) (ADI-ICMS, ). (Entered: 01/27/2005)
2005-02-0947STIPULATION to extend time for pla to file reply in support of motion for summary judgement through and including 3/2/05 by pla, dfts (SRB) (Entered: 02/10/2005)
2005-02-1548ORDER by Judge Mary H. Murguia granting stipulation to extend time for pla to file reply in support of motion for summary judgement through and including 3/2/05 by pla, dfts (cc: all counsel) (SRB) (ADI-ICMS, ). (Entered: 02/15/2005)
2005-03-0249REPLY by pla Center for Biologica to response to motion for summary judgment by pla Center for Biologica [34-1] (SRB) (Entered: 03/04/2005)
2005-03-0249RESPONSE by pla Center for Biologica to motion for summary judgment by dft DOD, dft ARMY [43-1] (SRB) (Entered: 03/08/2005)
2005-03-1150MOTION to extend time to reply to pla's memorandum in support of motion for summary judgment and opposition to dfts cross motion for summary judgment by dfts [50-1] (SRB) (Entered: 03/15/2005)
2005-03-1551ORDER by Judge Mary H. Murguia granting motion to extend time to reply to pla's memorandum in support of motion for summary judgment and opposition to dfts cross motion for summary judgment by dfts [50-1] - up to and including 4/5/05 (cc: all counsel) (CMM) (ADI-ICMS, ). (Entered: 03/15/2005)
2005-04-0552REPLY by dfts to response to motion for summary judgment by dft DOD, dft ARMY [43-1] (SRB) (Entered: 04/06/2005)
2005-04-2753NOTICE OF SUPPLEMENTATION/DECLARATION of James Hessil re reply to response to motion [52-1] by dft DOD, dft ARMY (KMG) (Entered: 04/29/2005)
2005-05-1054MOTION to strike Notice of Supplementation by pla Center for Biological [54-1] (MAP) (Entered: 05/10/2005)
2005-06-2955ORDER by Judge Mary H. Murguia denying motion to strike Notice of Supplementation by pla Center for Biological [54-1]; FURTHER ORDERED that dfts shall file supplemental briefing on summary judgment relevant to Mr Hessil's declaration on or before 7/11/05; pla's responsive supplemental briefing shall be filed by 7/27/05 and any reply by dfts shall be filed by 8/8/05 (cc: all counsel) (LAD) (ADI-ICMS, ). (Entered: 06/29/2005)
2005-07-1156MOTION to Dismiss Case by Defense, Department of, United States Army. (LSP, ) (Entered: 07/11/2005)
2005-07-2058NOTICE of Settlement by Defense, Department of, United States Army (KCS) (Entered: 07/21/2005)
2005-07-2157Minute Order: A notice of settlement having been filed on July 20, 2005, the Court ORDERS denying without prejudice the cross motions for summary judgment [docs. 34 & 43] and Defendant's Motion to Dismiss [doc. 56]. The Court further ORDERS setting this matter for Status Hearing on Tuesday, September 13, 2005 at 4:00 p.m. before the Honorable Mary H. Murguia, to be vacated upon receipt of dismissal papers. (KSB) (Entered: 07/21/2005)
2005-07-21Copy of document number 57, mailed to R. Cooley on this date. (KSB) (Entered: 07/21/2005)
2005-08-0559MOTION to Dismiss Case Motion to Dismiss by United States Army. (Attachments: # 1 )(Arkfeld, Michael) (Entered: 08/05/2005)
2005-08-2360ORDER granting 56 Motion to Dismiss Case and granting 59 Motion to Dismiss Case. IT IS FURTHER ORDERED that the above-entitled case is dismissed for the reason that the Dft has fully complied with Plas' FOIA request having provided the Fenske Report and Renzi Rider documents to the Plas. IT IS FURTHER ORDERED that each party will bear their own costs and attorney's fees . Signed by Judge Mary H Murguia on 8/23/05. (LSP) (Entered: 08/23/2005)
2005-08-2361CLERK'S JUDGMENT that the Court having granted Defendants' Motions to Dismiss, 60 , Plaintiff take nothing. This Complaint and action are hereby dismissed. Each party will bear their own costs and attorney's fees. (LSP) (Entered: 08/23/2005)
2005-08-24Copy of document number 60, mailed to Robin Cooley on this date. (EAT, ) (Entered: 08/24/2005)
2005-08-24Copy of document number 61, mailed to Robin Cooley on this date. (EAT, ) (Entered: 08/24/2005)
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by FOIA Project Staff
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