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Case TitleCenter for Biological Diversity et al v. United States Trade Representative Office of
DistrictWestern District of Washington
CitySeattle
Case Number2:2007cv01979
Date Filed2007-12-10
Date Closed2009-12-04
JudgeJudge Richard A Jones
PlaintiffCenter for Biological Diversity
PlaintiffConservation Northwest non-profits corporations
DefendantUnited States Trade Representative Office of
AppealNinth Circuit 10-35102
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [42]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2007-12-101COMPLAINT against defendant Office of United States Trade Representative (Summons(es) issued)(Receipt # SEA14053), filed by Center for Biological Diversity, Conservation Northwest. (Attachments: # 1 Civil Cover Sheet)(MKB) (Entered: 12/11/2007)
2007-12-112PRAECIPE TO ISSUE SUMMONS & Clerk issued re 1 Complaint by Plaintiffs Center for Biological Diversity, Conservation Northwest. (MD, ) (Entered: 12/12/2007)
2007-12-133AFFIDAVIT of Mailing Summons and Complaint to Office of the United States Trade Representative; Attorney General Michael B. Mukasey; hand delivery to Office of the United States Attorney on 12/11/2007, filed by Plaintiffs Center for Biological Diversity, Conservation Northwest. (Forsgaard, Karl) (Entered: 12/13/2007)
2008-01-164ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT. FRCP 26f Conference Deadline is 2/15/2008, Initial Disclosure Deadline is 2/22/2008, Joint Status Report Deadline is 2/29/2008, by Judge Richard A. Jones. (VE) (Entered: 01/16/2008)
2008-01-185NOTICE of Appearance by attorney Harold Malkin on behalf of Defendant United States Trade Representative Office of. (Malkin, Harold) (Entered: 01/18/2008)
2008-01-256ANSWER to Complaint by United States Trade Representative Office of.(Malkin, Harold) (Entered: 01/25/2008)
2008-02-297JOINT STATUS REPORT signed by all parties; estimated Trial Days: 2.. (Malkin, Harold) (Entered: 02/29/2008)
2008-03-038MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES. Length of Trial: *2 days*. BENCH TRIAL is set for 11/10/2008 at 09:00 AM in Courtroom 13106 before Hon. Richard A. Jones. Joinder of Parties due by 4/4/2008, Amended Pleadings due by 5/14/2008, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 5/14/2008, Discovery completed by 7/14/2008, Dispositive motions due by 8/12/2008, Settlement conference to be held by 9/11/2008, 39.1 mediation to be completed by 10/14/2008, Motions in Limine due by 10/14/2008, Pretrial Order due by 10/27/2008, Trial briefs and Proposed Findings of Fact and Conclusions of Law to be submitted by 11/3/2008, by Judge Richard A. Jones. (VE) (Entered: 03/03/2008)
2008-04-149STIPULATION AND PROPOSED ORDER Continuting Trial Dates by parties. (Forsgaard, Karl) (Entered: 04/14/2008)
2008-04-2110MINUTE ORDER -- By stipulation of the parties, the trial date in this matter is continued from 11/10/2008 to 12/08/2008, by Judge Richard A. Jones. (VE) (Entered: 04/21/2008)
2008-04-2111MINUTE ORDER SETTING AMENDED TRIAL DATE AND RELATED DATES. Length of Trial: *2 days*. BENCH TRIAL is set for 12/8/2008 at 9:00 AM in Courtroom 13106 before Hon. Richard A. Jones. Joinder of Parties due by 5/2/2008, Amended Pleadings due by 6/11/2008, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 6/11/2008, Discovery completed by 8/11/2008, Dispositive motions due by 9/9/2008, Settlement conference to be held by 10/9/2008, 39.1 mediation to be completed by 11/10/2008, Motions in Limine due by 11/10/2008, Pretrial Order due by 11/24/2008, Trial briefs and proposed Findings of Fact and Conclusions of Law to be submitted by 12/1/2008, by Judge Richard A. Jones. (VE) (Entered: 04/21/2008)
2008-06-2712PRAECIPE TO ISSUE SUMMONS. Clerk issued sms. (CL) (Entered: 06/30/2008)
2008-07-1413STIPULATION AND PROPOSED ORDER RE DISCOVERY AND DISPOSITIVE MOTIONS DEADLINES by parties re 11 Minute Order Setting Trial Date and Related Dates,,. (Malkin, Harold) (Entered: 07/14/2008)
2008-07-1514STIPULATION AND ORDER by Judge Richard A Jones. The Court extends the following deadlines: discovery ddl 10/15/08, dispositive motions ddl 10/29/08.(CL) (Entered: 07/16/2008)
2008-07-1715MOTION for Protective Order from Discovery in Freedom of Information Act Litigation by Defendant United States Trade Representative Office of. (Attachments: # 1 Proposed Order) Noting Date 8/1/2008; (Malkin, Harold) (Entered: 07/17/2008)
2008-07-1716DECLARATION of HAROLD MALKIN filed by Defendant United States Trade Representative Office of re 15 MOTION for Protective Order from Discovery in Freedom of Information Act Litigation (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Malkin, Harold) (Entered: 07/17/2008)
2008-07-2817RESPONSE, by Plaintiffs Center for Biological Diversity, Conservation Northwest, to 15 MOTION for Protective Order from Discovery in Freedom of Information Act Litigation . (Attachments: # 1 Proposed Order)(Forsgaard, Karl) (Entered: 07/28/2008)
2008-07-2818DECLARATION of Karl F. Forsgaard in Opposition to Motion for Protective Order filed by Plaintiffs Center for Biological Diversity, Conservation Northwest re 15 MOTION for Protective Order from Discovery in Freedom of Information Act Litigation (Forsgaard, Karl) (Entered: 07/28/2008)
2008-07-3119REPLY, filed by Defendant United States Trade Representative Office of, TO RESPONSE to 15 MOTION for Protective Order from Discovery in Freedom of Information Act Litigation (Malkin, Harold) (Entered: 07/31/2008)
2008-07-3120DECLARATION of HAROLD MALKIN filed by Defendant United States Trade Representative Office of re 15 MOTION for Protective Order from Discovery in Freedom of Information Act Litigation (Malkin, Harold) (Entered: 07/31/2008)
2008-09-0521ORDER by Judge Richard A Jones. The Court GRANTS Dft's Motion for a Protective Order, docket no. 15 .(CL) (Entered: 09/08/2008)
2008-10-0722STIPULATION AND PROPOSED ORDER RE DISPOSITIVE MOTIONS DEADLINE by parties. (Malkin, Harold) (Entered: 10/07/2008)
2008-10-0823ORDER by Judge Richard A Jones. The Court continues the following pretrial dates: Dft's motion for summary judgment ddl 11/21/08; Pltfs' opposition and cross-motion ddl 12/19/08; dft's response/reply ddl 1/16/09; pltfs' reply ddl 1/30/09; cross-motions noted for consideration: 1/30/09; 39.1 mediation to be completed by 3/6/2009; Motions in Limine due by 3/6/2009; Pretrial Order due by 3/16/2009; Settlement conference to be held by 2/6/2009; Voir dire/jury instructions/trial briefs due by 3/23/2009, Bench Trial is set for 3/30/2009 before Judge Richard A Jones. (CL) (Entered: 10/09/2008)
2008-11-2124MOTION for Summary Judgment by Defendant United States Trade Representative Office of. (Attachments: # 1 Proposed Order) Noting Date 1/30/2009 (Malkin, Harold) (Entered: 11/21/2008)
2008-11-2125DECLARATION of DAVID APOL filed by Defendant United States Trade Representative Office of re 24 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Malkin, Harold) (Entered: 11/21/2008)
2008-12-1726STIPULATION and Agreed Order Regarding Briefing by parties re 23 Order,,, Set Deadlines/Hearings,,. (Forsgaard, Karl) (Entered: 12/17/2008)
2008-12-1727STIPULATION AND ORDER re Dispositive Motion Briefing by Judge Richard A Jones. Plaintiffs' Opposition and Cross-Motion: December 29, 2008 (33 pages or less)Defendant's Opposition and Reply: January 26, 2009 (24 pages or less)Plaintiffs' Reply: February 6, 2009 (12 pages or less), Cross-Motions Noted for Consideration: February 6, 2009. Settlement Conference: February 13, 2009. The subsequent dates established in the Court's Scheduling Order (Dkt. # 23 ) remain in effect, including the Trial Date of March 30, 2009. (CL) (Entered: 12/19/2008)
2008-12-2928RESPONSE, by Plaintiffs Center for Biological Diversity, Conservation Northwest, to 24 MOTION for Summary Judgment. Oral Argument Requested. (Attachments: # 1 Proposed Order)(Forsgaard, Karl) (Entered: 12/29/2008)
2008-12-2929DECLARATION of Karl F. Forsgaard filed by Plaintiffs Center for Biological Diversity, Conservation Northwest re 24 MOTION for Summary Judgment (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J)(Forsgaard, Karl) (Entered: 12/29/2008)
2009-01-2330STIPULATION AND PROPOSED ORDER STAYING BRIEFING SCHEDULE by parties. (Malkin, Harold) (Entered: 01/23/2009)
2009-01-2631STIPULATION AND ORDER STAYING BRIEFING SCHEDULE, by Judge Richard A Jones. The Court resets the following ddls: 39.1 mediation to be completed by 3/13/2009, Motions in Limine due by 3/13/2009, Settlement conference to be held by 3/13/2009. (CL) (Entered: 01/27/2009)
2009-02-2332REPLY, filed by Defendant United States Trade Representative Office of, TO RESPONSE to 24 MOTION for Summary Judgment (Malkin, Harold) (Entered: 02/23/2009)
2009-02-2333DECLARATION of David Apol filed by Defendant United States Trade Representative Office of re 24 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Malkin, Harold) (Entered: 02/23/2009)
2009-03-0634REPLY, filed by Plaintiffs Center for Biological Diversity, Conservation Northwest, TO RESPONSE to 24 MOTION for Summary Judgment (Forsgaard, Karl) (Entered: 03/06/2009)
2009-03-0635DECLARATION of Karl F. Forsgaard Regarding Cross-Motions for Summary Judgment filed by Plaintiffs Center for Biological Diversity, Conservation Northwest re 24 MOTION for Summary Judgment (Attachments: # 1 Exhibit K, # 2 Exhibit L, # 3 Exhibit M, # 4 Exhibit N, # 5 Exhibit O, # 6 Exhibit P, # 7 Exhibit Q, # 8 Exhibit R, # 9 Exhibit S)(Forsgaard, Karl) (Entered: 03/06/2009)
2009-03-1036PRAECIPE by Plaintiffs Center for Biological Diversity, Conservation Northwest. (Attachments: # 1 Exhibit Corrected Exhibit M for the Second Decl. of Karl F. Forsgaard Regarding Cross-Motions for Summary Judgment)(Forsgaard, Karl) (Entered: 03/10/2009)
2009-03-1337ORDER by Judge Richard A Jones. The court GRANTS IN PART both motions (Dkt. ## 24 , 28 ), reserves ruling on the remaining issues, and orders that OUSTR submit the documents as described in the previous section no later than April 3, 2009. The trial date and all related pretrial dates (Dkt. # 23 ) are VACATED.(CL) . (Entered: 03/16/2009)
2009-04-0138STIPULATION AND PROPOSED ORDER by parties. (Attachments: # 1 Appendix Attachment A)(Malkin, Harold) (Entered: 04/01/2009)
2009-04-0239MINUTE ORDER by Richard A. Jones, United States District Judge. The April 3 deadline for production is VACATED, to allow the parties additional time to either resolve their disputes among themselves and/or to allow the Defendant time to prepare the disputed documents for in camera review. The Defendant shall produce for in camera review the documents previously stipulated to (Dkt. # 38 ), plus any of those previously released but redacted documents referenced in the Stipulation still in dispute, no later than April 14, 2009.(CL) (Entered: 04/03/2009)
2009-04-1440RESPONSE by Defendant United States Trade Representative Office of re 39 Minute Order,, USTR'S SUBMISSION IN RESPONSE TO ORDER GRANTING IN CAMERA REVIEW AND REQUESTING SUPPORTING MATERIALS . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Malkin, Harold) (Entered: 04/14/2009)
2009-04-1641RESPONSE by Plaintiffs Center for Biological Diversity, Conservation Northwest re 40 Response (non motion), Response (non motion) Plaintiffs' Objections to USTR's Submissions For In Camera Review . (Attachments: # 1 Exhibit T, # 2 Exhibit U, # 3 Exhibit V, # 4 Exhibit W, # 5 Exhibit X)(Forsgaard, Karl) (Entered: 04/16/2009)
2009-04-1742MINUTE ORDER re 41 Pltf's Objection; Pltf's may file a supplemental response of no more than three pages in length no later than April 21, 2009, by Judge Richard A Jones. (VP) (Entered: 04/17/2009)
2009-04-2143RESPONSE by Plaintiffs Center for Biological Diversity, Conservation Northwest Plaintiffs' Supplemental Response To USTR's Submissions For In Camera Review . (Forsgaard, Karl) (Entered: 04/21/2009)
2009-04-2144MINUTE ORDER by Richard A. Jones, United States District Judge. The court has received the Plaintiffs' objections to the Defendant's submission for in camera review (Dkt. # 41 ) and the Plaintiffs' supplemental response (Dkt. # 43 ). The court directs the Defendant to file a reply brief of no more than seven pages no later than April 24, 2009.(CL) . (Entered: 04/21/2009)
2009-04-2445RESPONSE by Defendant United States Trade Representative Office of USTR's Response to April 21 Minute Order and Plaintiff's Supplemental Response . (Malkin, Harold) (Entered: 04/24/2009)
2009-04-2446ERRATA re 45 Response (non motion) Corrected Version of USTR's Response to April 21 Minute Order and Plaintiff's Supplemental Response by Defendant United States Trade Representative Office of. (Malkin, Harold) (Entered: 04/24/2009)
2009-11-2047ORDER Judge Richard A Jones. The court GRANTS the Defendants cross motion for summary judgment (Dkt. # 24 ) and DENIES the Plaintiffs motion cross motion for summary judgment (Dkt. # 28). The clerk is directed to enter judgment for the Defendant. (CL) (Entered: 11/23/2009)
2009-11-2348Letter from Karl F. Forsgaard re 47 Order,. (Forsgaard, Karl) (Entered: 11/23/2009)
2009-11-23The parties are notified that the court will neither enter judgment nor further address the entry of judgment in this matter until the week of November 30. (JJ) (Entered: 11/23/2009)
2009-11-2449Letter from Harold Malkin re 48 Letter, 47 Order,. (Malkin, Harold) (Entered: 11/24/2009)
2009-12-0351JUDGMENT BY COURT granting dft's motion for summ jgm (RS) (Entered: 12/04/2009)
2009-12-0450ORDER all issues presented to the court were ultimately decided in favor of the dft, the clerk is directed to enter jgm in favor of the dft by Judge Richard A Jones. (RS) (Entered: 12/04/2009)
2009-12-1052STIPULATION and Agreed Order Regarding Date for Filing Attorney Fee Motion by parties. (Forsgaard, Karl) (Entered: 12/10/2009)
2009-12-1053STIPULATED ORDER by Judge Richard A Jones. IT IS HEREBY ORDERED that the date by which plaintiffs may file their motion for attorney fees and costs is extended until Friday, January 22, 2010.(CL) (Entered: 12/11/2009)
2010-01-1554STIPULATION and Agreed Order Regarding Date for Filing Attorney Fee Motion by parties. (Forsgaard, Karl) (Entered: 01/15/2010)
2010-01-1555STIPULATION AND ORDER by Judge Richard A Jones. IT IS HEREBY ORDERED that the date by which plaintiffs may file their motion for attorney fees and costs is extended until Friday, February 12, 2010. (CL) (Entered: 01/19/2010)
2010-02-0156NOTICE OF APPEAL (10-35102) by Plaintiffs Center for Biological Diversity, Conservation Northwest. Filing Fee $455, Receipt number 09810000000001966993. (Forsgaard, Karl) Modified on 2/3/2010 (SA). (Entered: 02/01/2010)
2010-02-0157Civil Appeals Docketing Statement by Plaintiffs Center for Biological Diversity, Conservation Northwest, to be transmitted by Clerk to Circuit Court of Appeals. (Attachments: # 1 Principal Issues Proposed To Be Raised On Appeal, # 2 Order (Dkt 37), entered 3/13/09, # 3 Order (Dkt 47), entered 11/20/09, # 4 Order (Dkt 50), dated 12/2/09, # 5 Judgment (Dkt 51), dated 12/2/09, # 6 Representation Statement, # 7 Certificate of Service)(Forsgaard, Karl) (Entered: 02/01/2010)
2010-02-0158APPEAL NOTIFICATION packet sent to US Court of Appeals re 56 Notice of Appeal (Attachments: # 1 Docket)(LMK) (Entered: 02/01/2010)
2010-02-0359TIME SCHEDULE ORDER as to 56 Notice of Appeal filed by Conservation Northwest, Center for Biological Diversity : Appellants opening brief due by 3/15/10; Appellees response brief due by 4/14/10; Appellants optional reply brief due within 14 days of service of the response brief. (SA) (Entered: 02/03/2010)
2010-02-03USCA Case Number 10-35102 for 56 Notice of Appeal filed by Conservation Northwest, Center for Biological Diversity. (SA) (Entered: 02/03/2010)
2010-02-1060STIPULATION and Agreed Order Regarding Date for Filing Attorney Fee Motion by parties. (Forsgaard, Karl) (Entered: 02/10/2010)
2010-02-1061STIPULATION AND ORDER by Judge Richard A Jones. IT IS HEREBY ORDERED that the date by which plaintiffs may file their motion for attorney fees and costs is extended until Friday, March 5, 2010.(CL) (Entered: 02/11/2010)
2010-03-0362STIPULATION and Agreed Order to Stay Attorney Fee Motion by parties. (Forsgaard, Karl) (Entered: 03/03/2010)
2010-03-0363STIPULATION AND ORDER to stay attorney fee motion by Judge Richard A Jones. (RS) (Entered: 03/04/2010)
2010-12-2164NOTICE of Change of Address of Attorney Karl Frederick Forsgaard. Filed by Plaintiffs Center for Biological Diversity, Conservation Northwest. (Forsgaard, Karl) (Entered: 12/21/2010)
2011-08-3065NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Karl Frederick Forsgaard for Plaintiffs Center for Biological Diversity, Conservation Northwest. (Goldman, Peter) (Entered: 08/30/2011)
2011-09-1566ORDER of USCA (10-35102) as to 56 Notice of Appeal filed by Conservation Northwest, Center for Biological Diversity the appellants' 5/17/10 motion to take judicial notice is denied as moot. (SA) (Entered: 09/15/2011)
2011-09-1667MEMORANDUM of USCA (10-35102-NOT THE MANDATE) as to 56 Notice of Appeal filed by Conservation Northwest, Center for Biological Diversity; Vacated and Remanded. (LMK) (Entered: 09/16/2011)
2011-11-0968MANDATE of USCA (10-35102) as to 56 Notice of Appeal filed by Conservation Northwest, Center for Biological Diversity. The judment of this Court, entered 9/16/11, takes effect this date. VACATED AND REMANDED. (SA) (Entered: 11/09/2011)
2011-11-1569STIPULATION AND PROPOSED ORDER to Stay Attorney Fee Motion by parties. (Goldman, Peter) (Entered: 11/15/2011)
2011-11-1570STIPULATION AND ORDER TO POSTPONE SCHEDULING OF FURTHER PROCEEDINGS ON REMAND AND MOTION FOR ATTORNEY FEES, by Judge Richard A Jones. (CL) (Entered: 11/16/2011)
2011-12-0971STIPULATION AND PROPOSED ORDER to stay attorney fee motion by parties. (Goldman, Peter) (Entered: 12/09/2011)
2011-12-1372STIPULATION AND ORDER TO POSTPONE SCHEDULING OR FURTHER PROCEEDINGS ON REMAND AND MOTION FOR ATTORNEY FEES, by Judge Richard A Jones. (CL) (Entered: 12/13/2011)
2012-01-1273STIPULATION AND PROPOSED ORDER to stay attorney fee motion by parties. (Goldman, Peter) (Entered: 01/12/2012)
2012-01-1774STIPULATION AND ORDER TO POSTPONE SCHEDULING OF FURTHER PROCEEDINGS ON REMAND AND MOTION FOR ATTORNEY FEES, by Judge Richard A Jones. The parties shall have until February 3, 2012 to request a re-noting of this case on remand from the Ninth Circuit. Joint Status ddl 2/3/2012. (CL) (Entered: 01/17/2012)
2012-02-0375STIPULATION AND PROPOSED ORDER to postpone scheduling of further proceedings on remand and motion for attorney fees by parties. (Goldman, Peter) (Entered: 02/03/2012)
2012-02-0676STIPULATION AND ORDER by Judge Richard A Jones. IT IS HEREBY ORDERED: The parties shall have until March 2, 2012 to request a re-noting of this case on remand from the Ninth Circuit; and If the parties do not request a re- noting, the parties shall submit an agreed order by March 2, 2012, unless agreed upon and submitted before that date. (CL) (Entered: 02/07/2012)
2012-03-0277STIPULATION AND PROPOSED ORDER of Dismissal With Prejudice by parties. (Goldman, Peter) (Entered: 03/02/2012)
2012-03-1278STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE, by Judge Richard A Jones. (CL) (Entered: 03/12/2012)
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