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Case TitleCenter for Biological Diversity v. U. S. Bureau of Land Management
DistrictDistrict of Arizona
CityPhoenix Division
Case Number2:2010cv00303
Date Filed2010-02-11
Date Closed2011-02-25
JudgeMagistrate Judge Lawrence O Anderson
PlaintiffCenter for Biological Diversity
DefendantUnited States Bureau of Land Management
AppealNinth Circuit 11-15869
Documents
Docket
Complaint
Opinion/Order [42]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2010-02-111COMPLAINT. Filing fee received: $ 350.00, receipt number 0970-3620418, filed by Center for Biological Diversity.(Atwood, Amy) (Entered: 02/11/2010)
2010-02-112Corporate Disclosure Statement by Center for Biological Diversity. (Atwood, Amy) (Entered: 02/11/2010)
2010-02-113Additional Attachments to Main Document re 1 Complaint Civil Cover Sheet by Plaintiff Center for Biological Diversity. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Atwood, Amy) (Entered: 02/11/2010)
2010-02-114MOTION for Admission Pro Hac Vice as to attorney Amy R. Atwood by Center for Biological Diversity. (Attachments: # 1 Supplement Attachment to Motion to Appear Pro Hac Vice, # 2 Supplement Certificate of Good Standing)(Atwood, Amy) (Entered: 02/11/2010)
2010-02-115Additional Attachments to Main Document re 4 MOTION for Admission Pro Hac Vice as to attorney Amy R. Atwood Certificate of Good Standing by Plaintiff Center for Biological Diversity. (Atwood, Amy) (Entered: 02/11/2010)
2010-02-118This case has been assigned to the Honorable Lawrence O. Anderson. All future pleadings or documents should bear the correct case number: CV-10-0303-PHX-LOA. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (AMB) (Entered: 02/12/2010)
2010-02-119Notice re Magistrate consent form. (AMB) (Entered: 02/12/2010)
2010-02-126AMENDED MOTION re 4 MOTION for Admission Pro Hac Vice as to attorney Amy R. Atwood, 5 Additional Attachments to Main Document by Plaintiff Center for Biological Diversity. (Attachments: # 1 Supplement, # 2 Certificate of Good Standing)(Atwood, Amy) INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM (errata) TO (amended motion for admission pro hac vice) ATTORNEY NOTICED. NO FOLLOW UP REQUIRED. Modified on 2/18/2010 (ESL). (Entered: 02/12/2010)
2010-02-127NOTICE TO FILER OF DEFICIENCY re 4 MOTION for Admission Pro Hac Vice as to attorney Amy R. Atwood filed by Center for Biological Diversity. Description of deficiency: Certificate is more than 45 days old. (TLJ) (Entered: 02/12/2010)
2010-02-1210NOTICE TO FILER OF DEFICIENCY re 1 Complaint filed by Center for Biological Diversity. Description of deficiency: Inncorrect information added to Party Information Screen. Address, phone or email informationwas incorrectly added to the Party Information screen. At the Party Information screen, only the Party text field should be used when appropriate. (AMB) (Entered: 02/12/2010)
2010-02-1211AMENDED Magistrate Election Form Deadline. (Attachments: # 1 Magistrate consent form) (Corrected due to Clerical error and incorrect forms selected)(AMB) (Entered: 02/12/2010)
2010-02-2412NOTICE OF ASSIGNMENT AND ORDER - IT IS ORDERED that Pla shall file its written election to either consent to magistrate-judge jurisdiction or elect to proceed before a United States district judge on or before Friday, 3/5/2010.FURTHER ORDERED that Dft shall file its written election to either consent to magistrate-judge jurisdiction or elect to have this case assigned to a United States district judge within 14 days of its appearance herein or as otherwise directed by the Court. FURTHER ORDERED that cnsl and any party, if unrepresented, shall hereinafter comply with the Rules of Practice for the United States District Court for the District of Arizona. FURTHER ORDERED that cnsl and any party, if unrepresented, shall use the above caption, number and initials until further order of the Court. FURTHER ORDERED that pla's cnsl shall use proper capitalization in all future captions as mandated by LRCiv 7.1(a)(3). Signed by Magistrate Judge Lawrence O Anderson on 2/24/10. (SAT) (Entered: 02/24/2010)
2010-03-0113Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 03/01/2010)
2010-03-03PRO HAC VICE FEE PAID. $ 50, receipt number PHX094254 as to Amy R Atwood. (BAS) (Entered: 03/03/2010)
2010-03-0314ORDER pursuant to General Order 05-25 granting 6 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 03/03/2010)
2010-03-1215Summons Issued as to United States Bureau of Land Management. (Attachments: # 1 U.S. Attorney General, # 2 U.S. Attorney for the District of Arizona)(AMB). *** IMPORTANT: You must select "Document and stamps" or "Document and comments" on the print screen in order for the court seal to appear on the summons you print. (Entered: 03/12/2010)
2010-03-3016MOTION for Summary Judgment by Center for Biological Diversity. (Atwood, Amy) (Entered: 03/30/2010)
2010-03-3017STATEMENT of Plaintiff's Statement of Facts in Support of Motion for Summary Judgment re 16 MOTION for Summary Judgment by Plaintiff Center for Biological Diversity. (Attachments: # 1 Declaration of Taylor McKinnon, # 2 Attachment 1, # 3 Attachment 2, # 4 Attachment 3, # 5 Attachment 4, # 6 Attachment 5, # 7 Attachment 6, # 8 Attachment 7, # 9 Attachment 8, # 10 Attachment 9, # 11 Attachment 10, # 12 Attachment 11, # 13 Attachment 12, # 14 Attachment 13, # 15 Attachment 14, # 16 Attachment 15, # 17 Attachment 16)(Atwood, Amy) (Entered: 03/30/2010)
2010-03-3018MEMORANDUM re: Memorandum of Law in Support of Plaintiff's Motion for Summary Judgment re 16 MOTION for Summary Judgment by Plaintiff Center for Biological Diversity. (Atwood, Amy) (Entered: 03/30/2010)
2010-03-3019CERTIFICATE OF SERVICE by Center for Biological Diversity re 18 Memorandum, 16 MOTION for Summary Judgment, 17 Statement,, (Atwood, Amy) Modified on 3/31/2010, DOCUMENT FILED WITHOUT CASE CAPTION OR CASE NUMBER. ATTORNEY NOTICED, (LSP). (Entered: 03/30/2010)
2010-04-1320ANSWER to Complaint by United States Bureau of Land Management.(Johns, Michael) (Entered: 04/13/2010)
2010-04-1324Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 04/20/2010)
2010-04-13Consent of all parties to proceed before Magistrate Judge Lawrence O. Anderson (MAP) (Entered: 04/20/2010)
2010-04-1421NOTICE OF ASSIGNMENT AND ORDER that Defendant shall file its written election to either consent to magistrate-judge jurisdiction or elect to proceed before a United States district judge on or before 4/29/10. Signed by Magistrate Judge Lawrence O Anderson on 4/14/10. (TLJ) (Entered: 04/14/2010)
2010-04-1622STIPULATION to Extend Response to Motion For Summary Judgment by United States Bureau of Land Management. (Attachments: # 1 Proposed Order)(Johns, Michael) (Entered: 04/16/2010)
2010-04-2023ORDER - IT IS ORDERED that the parties' 22 Stipulation to Extend Response to Motion for Summary Judgment (First Request) is GRANTED. FURTHER ORDERED that Dft U. S. Bureau of Land Management's Response to Pla's 16 Motion for Summary Jgm shall be filed on or before 5/28/2010. Signed by Magistrate Judge Lawrence O Anderson on 4/19/10. (SAT) (Entered: 04/20/2010)
2010-04-2025Minute Order In accordance with 28 USC 636(c), all parties have voluntarily consented to have Magistrate Judge Lawrence O. Anderson conduct all further proceedings in this case, including trial and entry of final judgment, and conduct all post-judgment proceedings, with direct review by the Ninth Circuit Court of Appeals, if an appeal is filed. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 04/20/2010)
2010-04-2226ORDER - IT IS ORDERED: Pursuant to Rule 16(b)(2), FED.R.CIV.P., a Scheduling Conference is set for Monday, 5/24/2010 at 10:00 AM in Suite 322, Sandra Day O'Connor U.S. Courthouse, 401 W. Washington St., Phoenix, Arizona 85003-2151 before Magistrate Judge Lawrence O Anderson. Signed by Magistrate Judge Lawrence O Anderson on 4/22/10. (see order for full details)(SAT) (Entered: 04/22/2010)
2010-05-0527STIPULATION to Continue Rule 16 Scheduling Order by United States Bureau of Land Management. (Attachments: # 1 Propose Order)(Johns, Michael) (Entered: 05/05/2010)
2010-05-0628ORDER, pursuant to the 27 Stipulation; Rule 16 Scheduling Conference reset for 8/2/2010 01:30 PM in Courtroom 302, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Lawrence O Anderson; all other provisions of the Rule 16 Order 26 shall continue in effect subject to the new scheduling conference date. Signed by Magistrate Judge Lawrence O Anderson on 5/6/10. (REW) (Entered: 05/06/2010)
2010-05-2629Second MOTION for Extension of Time to Extend Response to Motion for Summary Judgment (Unopposed) by United States Bureau of Land Management. (Attachments: # 1 Proposed Order)(Johns, Michael) (Entered: 05/26/2010)
2010-05-2730ORDER that BLM's Unopposed 29 Motion is GRANTED. It is further ordered that BLM shall respond to Pla's 16 Motion for Summary Judgment, on or before 07/28/10. It is further ordered absent extraordinary circumstances, there will be no further extensions granted to BLM within which to respond to Pla's Motion for Summary Judgment. Signed by Magistrate Judge Lawrence O Anderson on 05/27/10. (ESL) (Entered: 05/27/2010)
2010-06-1031MOTION for Admission Pro Hac Vice as to attorney Todd C Tucci on behalf of Center for Biological Diversity. (BAS) Modified on 6/10/2010 (JEMB**CORRECTION-Filed into incorrect case; Filed into correct case by Clerk**). (Entered: 06/10/2010)
2010-06-10PRO HAC VICE FEE PAID. $ 50, receipt number PHX097825 as to Todd C Tucci. (BAS) Modified on 6/10/2010 (JEMB**CORRECTION-Filed into incorrect case; Refile into correct case by Clerk**). (Entered: 06/10/2010)
2010-06-1032ORDER pursuant to General Order 05-25 granting 31 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Modified on 6/10/2010 (JEMB**CORRECTION-Filed into incorrect case; Refiled into correct case by Clerk**). (Entered: 06/10/2010)
2010-06-1033NOTICE OF CORRECTION BY THE CLERK re 32 Order on Motion for Admission Pro Hac Vice, Pro Hac Vice Fee Paid & 31 MOTION for Admission Pro Hac Vice as to attorney Todd C Tucci. Description of deficiency: Entries made into wrong case. Follow up by Clerks Office: The above deficiency has been addressed by the Clerk. Court use only: BAS. (JEMB) (Entered: 06/10/2010)
2010-07-2634First MOTION to Vacate re Deadlines and Set Briefing Schedule on Motion for Attorneys Fees (Unopposed) by United States Bureau of Land Management. (Attachments: # 1 Text of Proposed Order)(Johns, Michael) (Entered: 07/26/2010)
2010-07-2935ORDER vacating the Scheduling Conference set for 08/02/10, at 1:30 p.m and all other deadlines. All pending motions are denied as moot. IT IS FURTHER ORDERED that Plaintiff shall file its Motion for Attorneys Fees and Costs within sixty (60) days of the filing of this Order which shall fully comply with all applicable portions of LRCiv 54.2. Signed by Magistrate Judge Lawrence O Anderson on 07/28/10. (ESL) (Entered: 07/29/2010)
2010-09-2036First MOTION for Extension of Time to File Motion for Attorney's Fees and Costs by Center for Biological Diversity. (Attachments: # 1 Text of Proposed Order)(Atwood, Amy) (Entered: 09/20/2010)
2010-09-2137ORDER granting 36 Motion for Extension of Time to File Motion for Attorney's Fees and Costs. IT IS FURTHER ORDERED that Plaintiff's Motion for Attorney's Fees and Costs shall be filed on or before October 18, 2010. IT IS FURTHER ORDERED there shall be no further extensions except upon a showing of extraordinary circumstances. Signed by Magistrate Judge Lawrence O Anderson on 9/21/10.(LAD) (Entered: 09/21/2010)
2010-10-1938MOTION File Motion for Attorney's Fees and Costs Out-of-Time re 37 Order on Motion for Extension of Time, by Center for Biological Diversity. (Attachments: # 1 Declaration of Amy R. Atwood, # 2 Attachment to Atwood Dec., # 3 Text of Proposed Order)(Atwood, Amy) (Entered: 10/19/2010)
2010-10-1939LODGED Proposed Motion for Attorney's Fees and Related Non-taxable Expenses re: 36 First MOTION for Extension of Time to File Motion for Attorney's Fees and Costs, 38 MOTION File Motion for Attorney's Fees and Costs Out-of-Time re 37 Order on Motion for Extension of Time, MOTION File Motion for Attorney's Fees and Costs Out-of-Time re 37 Order on Motion for Extension of Time,. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Center for Biological Diversity. (Attachments: # 1 Affidavit Affidavit of Amy R. Atwood, # 2 Affidavit Affidavit of Timothy Hogan, # 3 Declaration of David Bahr, # 4 Declaration of Taylor McKinnon, # 5 Attachment 1, # 6 Attachment 2, # 7 Attachment 3, # 8 Attachment 4, # 9 Attachment 5, # 10 Attachment 6, # 11 Attachment 7, # 12 Attachment 8, # 13 Attachment 9, # 14 Attachment 10, # 15 Attachment 11, # 16 Attachment 12, # 17 Attachment 13, # 18 Attachment 14, # 19 Attachment 15, # 20 Attachment 16, # 21 Attachment 17, # 22 Attachment 18, # 23 Attachment 19, # 24 Attachment 20, # 25 Ex. 1 Statement of Consultation, # 26 Ex. 2 Itemized Statement, # 27 Ex. 3 NLJ Survey 2009, # 28 Ex. 4 Andrews Affidavit, # 29 Text of Proposed Order)(Atwood, Amy) (Entered: 10/19/2010)
2010-10-1940LODGED Proposed Memorandum of Points and Authorities in Support of Motion for Attorney's Fees and Related Non-taxable Expenses re: 38 MOTION File Motion for Attorney's Fees and Costs Out-of-Time re 37 Order on Motion for Extension of Time, MOTION File Motion for Attorney's Fees and Costs Out-of-Time re 37 Order on Motion for Extension of Time,. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Center for Biological Diversity. (Atwood, Amy) Modified on 10/20/2010 CORRECTION: The document is not in compliance with Local Rules of Civil Procedure 7.1(a)(1) - title page. Attorney Noticed. (KMG). (Entered: 10/19/2010)
2010-10-1943MOTION for Attorney Fees and Related Non-Taxable Expenses by Center for Biological Diversity. (Attachments: # 1 Memorandum, # 2 Affidavit of Amy Atwood, # 3 Affidavit of Timothy Hogan, # 4 Declaration of David Bahr, # 5 Declaration of Taylor McKinnon, # 6 Attachment to Decl of Taylor McKinnon, # 7 Attachment 2, # 8 Attachment 3, # 9 Attachment 4, # 10 Attachment 5, # 11 Attachment 6, # 12 Attachment 7, # 13 Attachment 8, # 14 Attachment 9, # 15 Attachment 10, # 16 Attachment 11, # 17 Attachment 12, # 18 Attachment 13, # 19 Attachment 14, # 20 Attachment 15, # 21 Attachment 16, # 22 Attachment 17, # 23 Attachment 18, # 24 Attachment 19, # 25 Attachment 20, # 26 Exhibit 1 Statement of Consultation, # 27 Exhibit 2, # 28 Exhibit 3, # 29 Exhibit 4, # 30 Proposed Order)(KMG) (Entered: 11/05/2010)
2010-11-0441RESPONSE to Motion re 43 MOTION for Attorney's Fees and Costs filed by United States Bureau of Land Management. (Attachments: # 1 Exhibit A - Declaration, # 2 Exhibit B - Klimek Declaration, # 3 Exhibit C - 383 DM 15 - Excerpt, # 4 Exhibit D - Strayhorn Declaration, # 5 Exhibit E - Bar 2010 Fees, # 6 Exhibit F - EAJA rates, # 7 Exhibit G - Salray BLS)(Johns, Michael) Modified on 11/5/2010. MODIFICATION: as to document linkage, Reply deadline set.(KMG). (Entered: 11/04/2010)
2010-11-0542ORDER that Pla's untimely Unopposed Motion to File a Motion for Attorney's Fees and Related Non-taxable Expenses Out-of-Time, doc. 38, is GRANTED. The Clerk is directed to file Pla's lodged Motion for Attorney's Fees and Related Non-taxable Expenses and Memorandum of Points and Authorities, doc. 39 40, nunc pro tunc to October 19, 2010. FURTHER ORDERED that BLM shall file its Response to Pla's Motion for Attorney's Fees and Related Non-taxable Expenses and Memorandum of Points and Authorities, doc. 39-40, on or before Friday, November 19, 2010 absent an extension upon a showing of good cause. Signed by Magistrate Judge Lawrence O Anderson on 11/1/10.(KMG) (Entered: 11/05/2010)
2010-11-0544NOTICE re Filing Response to Plaintiff's Motion for Attorneys Fees and Costs by United States Bureau of Land Management re 41 Response to Motion,. (Johns, Michael) (Entered: 11/05/2010)
2010-11-1845REPLY to Response to Motion re 43 MOTION for Attorney Fees filed by Center for Biological Diversity. (Attachments: # 1 Affidavit Supplemental Affidavit of Amy Atwood, # 2 Exhibit Updated Task-Based Itemized Statement)(Atwood, Amy) (Entered: 11/18/2010)
2011-02-2546ORDER - that Plaintiff's Motion for Attorney's Fees and Related Non-Taxable Expenses, doc. 43, is DENIED. IT IS FURTHER ORDERED that, in accordance with Defendant's Unopposed Motion to Vacate Deadlines, doc. 34, and the Court's Order granting that motion, doc. 35, this action is dismissed as moot. Signed by Magistrate Judge Lawrence O Anderson on 2/24/11. (KMG) (Entered: 02/25/2011)
2011-04-0847*NOTICE OF APPEAL to 9th Circuit, re: 46 Order by Center for Biological Diversity. Filing fee received: $ 455.00, receipt number 0970-5153708. (Attachments: # 1 Order, # 2 Representation Statement, # 3 Transcript Order Form (no transcript required))(Atwood, Amy) *Modified to add document number on 4/11/2011* (REW). (Entered: 04/08/2011)
2011-04-1148CERTIFICATE OF RECORD TRANSMITTED TO 9TH CIRCUIT COURT OF APPEALS re 47 Notice of Appeal. (REW) (Entered: 04/11/2011)
2011-04-1149Ninth Circuit Case Number 11-15869 for 47 Notice of Appeal. (REW) (Entered: 04/11/2011)
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