| Date Filed | Doc # | Docket Text |
|
| 2006-08-08 | 1 | COMPLAINT (One summons issued) ( Filing fee $350 receipt #310140.), filed by Keep Yellowstone Nuclear Free, Environmental Defense Institute, David McCoy.(szf, ) (Entered: 08/10/2006) |
| 2006-08-08 | 2 | NOTICE of complexity by Plaintiffs Keep Yellowstone Nuclear Free, Environmental Defense Institute, David McCoy ; this case is non-complex. (szf, ) (Entered: 08/10/2006) |
| 2006-08-08 | 3 | CORPORATE DISCLOSURE (Rule 7.1 Statement) filed by Plaintiffs Keep Yellowstone Nuclear Free, Environmental Defense Institute, David McCoy identifying None as Corporate Parent.. (szf, ) (Entered: 08/10/2006) |
| 2006-08-11 | 4 | Praecipe for summons filed by Plaintiffs Keep Yellowstone Nuclear Free, Environmental Defense Institute, David McCoy. 1 issued (sdl, ) (Entered: 08/11/2006) |
| 2006-09-12 | 5 | SUMMONS Returned Executed by Keep Yellowstone Nuclear Free, Environmental Defense Institute, David McCoy. United States Department of Energy served on 8/17/2006, answer due 10/16/2006. (Sullivan, Mark) (Entered: 09/12/2006) |
| 2006-09-12 | 6 | SUMMONS Returned Executed by Keep Yellowstone Nuclear Free, Environmental Defense Institute, David McCoy. United States Department of Energy Secretary served on 8/17/2006, answer due 10/16/2006. (Sullivan, Mark) (Entered: 09/12/2006) |
| 2006-09-12 | 7 | NOTICE of Attorney Appearance by Carol A Statkus on behalf of United States Department of Energy, United States Department of Energy Secretary (Statkus, Carol) (Entered: 09/12/2006) |
| 2006-09-12 | 8 | MOTION for Marcia Berman to appear pro hac vice; filed by Defendants United States Department of Energy, United States Department of Energy Secretary. Referred to Magistrate Judge. (Attachments: # 1 Proposed Order # 2 Declaration of Marcia Berman)(Statkus, Carol) (Entered: 09/12/2006) |
| 2006-09-12 | 9 | ORDER GRANTING ADMITTANCE PRO HAC VICE by the Honorable William C Beaman granting 8 Motion to appear pro hac vice admitting Marcia Berman for United States Department of Energy and United States Department of Energy Secretary (cc: all counsel on 9/13/2006.)(stbd) (Entered: 09/13/2006) |
| 2006-09-18 | 10 | ANSWER to Complaint with Affirmative Defenses, by Defendants United States Department of Energy, United States Department of Energy Secretary.(Berman, Marcia) (Entered: 09/18/2006) |
| 2006-10-04 | 11 | NOTICE of Initial Pretrial Conference: Initial Pretrial Conference set for 11/7/2006 10:00 AM in Cheyenne before Honorable William C Beaman. (cc: all counsel on 10/4/06.)(db, ) (Entered: 10/04/2006) |
| 2006-11-27 | 12 | INITIAL PRETRIAL ORDER by the Honorable William C Beaman: Motions filing deadline 1/8/2007. Motion response deadline 2/5/2007. Dispositive Motions Hearing set for 2/12/2007 08:30 AM in Casper before Honorable William F Downes. The parties believe the entire matter can be resolved on the dispositive motions.(cc: all counsel on 11/28/2006.)(stbd) (Entered: 11/28/2006) |
| 2006-12-07 | 13 | NOTICE of Change of Address by Mark D Sullivan, attorney on behalf of Keep Yellowstone Nuclear Free, Environmental Defense Institute, David McCoy (Sullivan, Mark) (Entered: 12/07/2006) |
| 2006-12-14 | 14 | STIPULATION by Keep Yellowstone Nuclear Free, Environmental Defense Institute, David McCoy. (Sullivan, Mark) (Entered: 12/14/2006) |
| 2006-12-14 | 15 | MOTION to Amend/Correct Amended Complaint on Stipulation of the Parties , filed by Plaintiffs Keep Yellowstone Nuclear Free, Environmental Defense Institute, David McCoy. REFERRED TO MAGISTRATE JUDGE.(Sullivan, Mark) (Entered: 12/14/2006) |
| 2006-12-14 | 16 | MOTION to Amend/Correct Complaint (on stipulation of the parties) , filed by Plaintiffs Keep Yellowstone Nuclear Free, Environmental Defense Institute, David McCoy. REFERRED TO MAGISTRATE JUDGE.(Sullivan, Mark)DOCKETED IN ERROR/ Modified on 12/15/2006 (stbd). (Entered: 12/14/2006) |
| 2006-12-19 | 17 | ORDER by the Honorable William C Beaman granting 15 MOTION to Amend Complaint on Stipulation. Defendant's have up to and including January 8, 2007 to answer First Amended Complaint. All deadlines and settings entered by the Court in the Order on Initial Pretrial Conference entered November 27, 2006 shall remain in effect. (First Amended Complaint May now be filed by Plaintiff) (cc: all counsel on 12/19/2006.)(stbd) (Entered: 12/19/2006) |
| 2006-12-19 | 18 | FIRST AMENDED COMPLAINT against Defendant United States Department of Energy, United States Department of Energy Secretary , filed by Keep Yellowstone Nuclear Free, Environmental Defense Institute, David McCoy.(stbd) (Entered: 12/21/2006) |
| 2007-01-05 | 19 | Stipulated MOTION for Leave to File Excess Pages filed by Defendants United States Department of Energy, United States Department of Energy Secretary. (Attachments: # 1 Proposed Order)(Berman, Marcia) (Entered: 01/05/2007) |
| 2007-01-05 | 20 | ORDER by the Honorable William F Downes granting 19 Motion to File Excess Pages (cc: all counsel on 01/05/2007.)(shjl) (Entered: 01/05/2007) |
| 2007-01-08 | 21 | ANSWER to Amended Complaint with Affirmative Defenses, by Defendants United States Department of Energy, United States Department of Energy Secretary.(Berman, Marcia) (Entered: 01/08/2007) |
| 2007-01-08 | 22 | MOTION for Summary Judgment filed by Defendants United States Department of Energy, United States Department of Energy Secretary. (Attachments: # 1 Exhibit Exhibits 1 through 3# 2 Exhibit Exhibits 4 through 8# 3 Exhibit Exhibits 9 through 13# 4 Exhibit Exhibits 14 through 17# 5 Proposed Findings of Fact and Conclusions of Law# 6 Proposed Order)(Berman, Marcia) (Entered: 01/08/2007) |
| 2007-02-05 | 23 | Cross MOTION for Summary Judgment filed by Plaintiffs Keep Yellowstone Nuclear Free, Environmental Defense Institute, David McCoy. (Sullivan, Mark) (Entered: 02/05/2007) |
| 2007-02-05 | 24 | MEMORANDUM in Support of 23 Motion for Summary Judgment filed by Plaintiffs Keep Yellowstone Nuclear Free, Environmental Defense Institute, David McCoy. (Sullivan, Mark) (Entered: 02/05/2007) |
| 2007-02-05 | 25 | PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW filed by Plaintiffs Keep Yellowstone Nuclear Free, Environmental Defense Institute, David McCoy. (Sullivan, Mark) (Entered: 02/05/2007) |
| 2007-02-05 | 26 | AFFIDAVIT of Mark D. Sullivan In Opposition to Motion for Summary Judgment and In Support of Cross-Motion For Summary Judgment filed by Plaintiffs Keep Yellowstone Nuclear Free, Environmental Defense Institute, David McCoy. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 )(Sullivan, Mark) (Entered: 02/05/2007) |
| 2007-02-05 | 27 | EXHIBIT in reference to 26 AFFIDAVIT of Mark D. Sullivan In Opposition to Motion for Summary Judgment and In Support of Cross-Motion For Summary Judgment filed by Plaintiffs Keep Yellowstone Nuclear Free, Environmental Defense Institute, David McCoy. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8)(Sullivan, Mark) Exhibit H filed by Plaintiffs Keep Yellowstone Nuclear Free, Environmental Defense Institute, David McCoy. (Sullivan, Mark) (Entered: 02/05/2007) |
| 2007-02-06 | 28 | Stipulated MOTION to Continue Hearing on Dispositive Motions filed by Defendants United States Department of Energy, United States Department of Energy Secretary. REFERRED TO MAGISTRATE JUDGE. (Attachments: # 1 Proposed Order)(Berman, Marcia) (Entered: 02/06/2007) |
| 2007-02-07 | 29 | ORDER, by the Honorable William F Downes, GRANTING Defendants' 28 Motion to Continue Hearing on dispositive motions. Defendant's Opposition to Plaintiffs' Cross-Motion for Summary Judgment is now due on or before 2/22/2007. The parties' cross-motions for summary judgment is set for oral hearing 3/13/2007 01:00 PM in Casper, Courtroom #2, before Honorable William F Downes. Two hours reserved for hearing. (cc: all counsel on 2/9/2007.) (sdd) (Entered: 02/09/2007) |
| 2007-02-22 | 30 | OPPOSITION to 23 Motion for Summary Judgment filed by Defendants United States Department of Energy, United States Department of Energy Secretary. (Attachments: # 1 Exhibit)(Berman, Marcia) (Entered: 02/22/2007) |
| 2007-03-13 | 31 | Minutes for proceedings held before Judge William F Downes: Motion Hearing held on 3/13/2007 as to the Defendant's 22 Motion for Summary Judgment and the Plaintiff's 23 Cross Motion for Summary Judgment; the Court heard oral argument by both Counsel and took the Motions under advisement. (Court Reporter Jamie Hendrich.)(stbd) (Entered: 03/15/2007) |
| 2007-03-23 | 32 | SUPPLEMENTAL DECLARATION of Mark D Sullivan in Opposition to Defendant's 22 Motion for Summary Judgment and in Support of 23 Plaintiff's Cross Motion for Summary Judgment filed by Plaintiffs Keep Yellowstone Nuclear Free, Environmental Defense Institute, David McCoy. (Attachments: # 1 )(Sullivan, Mark) Modified on 3/26/2007 (stbd). (Entered: 03/23/2007) |
| 2007-04-04 | 33 | RESPONSE to 32 Supplemental Declaration of Mark Sullivan,filed by Defendants United States Department of Energy, United States Department of Energy Secretary. (Berman, Marcia) Text modified on 4/4/2007 (sdn, ). (Entered: 04/04/2007) |
| 2007-04-30 | 34 | NOTICE by Defendants United States Department of Energy, United States Department of Energy Secretary of Voluntary Disclosure of Exemption 5 Documents (Berman, Marcia) (Entered: 04/30/2007) |
| 2007-09-25 | 35 | ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT by the Honorable William F Downes granting in part and denying in part 22 Motion for Summary Judgment; granting in part and denying in part 23 Motion for Summary Judgment. (shjl) (Entered: 09/25/2007) |
| 2007-09-25 | 36 | NOTICE of Hearing: Telephonic Status Conference set for 10/18/2007 08:30 AM in Casper before Honorable William F Downes. All counsel are to appear by telephone with AUSA Statkus to initiate the call through a conference call operator, connecting the Court at 307/232-2600. This hearing is to discuss procedures for in-camera production of documents pursuant to the Court's Order on Cross-Motions for Summary Judgment entered on 9/25/2007. (sdd) (Entered: 09/25/2007) |
| 2007-10-18 | 37 | Minutes for proceedings held before Judge William F Downes: Telephonic Status Conference held on 10/18/2007, regarding the in-camera review of documents. See minutes for further detail. A minute order will follow. (Court Reporter Jamie Hendrich.) (sdd) (Entered: 10/18/2007) |
| 2007-10-18 | 38 | MINUTE ORDER, by the Honorable William F Downes. Pursuant to the Telephonic Status Conference, regarding the time and procedures for the in-camera production and review of documents pursuant to the Courts Order 35 on Cross-Motions for Summary Judgment, held on October 18, 2007: The Court and court staff will travel to Idaho for a two-day review of documents on January 22nd and 23rd, 2008. In December, an ex-parte telephonic status conference will be set, with the Court and Defense Counsel, to determine a protocol to follow during the review. Plaintiff's Counsel will be notified via a court filing of the results of that conference. See Minute Order for further detail. (sdd) (Entered: 10/18/2007) |
| 2007-10-31 | 39 | REFERRED TO MAGISTRATE JUDGE. MOTION for Amy E. Powell to appear pro hac vice; filed by Defendants United States Department of Energy, United States Department of Energy Secretary. (Attachments: # 1 Declaration of Amy E. Powell# 2 Proposed Order Admitting Amy E. Powell Pro Hac Vice)(Statkus, Carol) (Entered: 10/31/2007) |
| 2007-10-31 | 40 | ORDER, by the Honorable William C Beaman, GRANTING ADMITTANCE PRO HAC VICE, granting 39 Motion to appear pro hac vice admitting Amy E Powell for United States Department of Energy and United States Department of Energy Secretary. (sdd) (Entered: 11/01/2007) |
| 2007-11-27 | 41 | NOTICE of Hearing: Telephonic Status Conference set for 12/19/2007 11:00 AM in Casper before Honorable William F Downes. All counsel are to appear by telephone with Counsel for the Department of Energy to initiate the call through a conference call operator, connecting the Court at 307/232-2600. (stbd) (Entered: 11/27/2007) |
| 2007-11-28 | 42 | NOTICE by Defendants United States Department of Energy, United States Department of Energy Secretary of Substitution of Counsel (Powell, Amy) (Entered: 11/28/2007) |
| 2007-12-20 | 43 | Minutes for proceedings held before Judge William F Downes: Ex-Parte Telephonic Status Conference held on 12/20/2007. See minutes for details. (Court Reporter Jamie Hendrich.) (sdd) (Entered: 12/20/2007) |
| 2008-02-22 | 44 | NOTICE of Status Conference:Ex Parte Telephonic Status Conference set for 2/25/2008 11:00 AM in Casper before Judge William F Downes. Counsel for the Department of Energy to initiate the call, connecting the Court at (307)232-2600. (stbd) (Entered: 02/22/2008) |
| 2008-02-25 | 45 | Minutes for proceedings held before Judge William F Downes: Status Conference held on 2/25/2008; Ex parte communication with Attorney Amy Powell regarding review of documents; Court advised in camera inspection did not occur in January due to the death of courtroom deputy Diane DeBoer; Judge Downes will be presiding over a trial in Jackson the week of 4/21/2008 and suggested the documents be brought to the courthouse the afternoon of 4/25/2008 for review on 4/26/2008. The experts will need to be available on 4/26/2008. Attorney Powell is to check with the experts regarding their availability and report back to the Court. (Court Reporter Hendrich.)(sjc, ) (Entered: 02/26/2008) |
| 2008-03-18 | 46 | NOTICE of Change of Address by Mark D Sullivan, attorney on behalf of Keep Yellowstone Nuclear Free, Environmental Defense Institute, David McCoy (Sullivan, Mark) (Entered: 03/18/2008) |
| 2008-09-03 | 47 | NOTICE of Change of Address by Mark D Sullivan, attorney on behalf of Keep Yellowstone Nuclear Free, Environmental Defense Institute, David McCoy (Sullivan, Mark) (Entered: 09/03/2008) |
| 2009-09-14 | 48 | ORDER REQUIRING PRODUCTION OF WITHHELD DOCUMENTS by the Honorable Judge William F Downes. Defendants shall produce all previously withheld documents to Plaintiff within ten (10) calendar days of this ORDER. Defendants will be allowed to redact specific details (see order). Ruling terminates present civil action. Court shall nonetheless retain jurisdiction to hear Plaintiff's objections to defendants redactions. (sdf, ) Modified on 9/29/2009 - correct typographical error. (sdf, ). (Entered: 09/28/2009) |
| 2009-09-28 | 49 | MINUTE ORDER re 48 Order, by the Honorable Judge William F Downes. This matter having been brought to the attention of the Court that an Order Requiring Production of Withheld Documents issued by the Court on September 14, 2009, was inadvertently not filed by the Clerk. The Order having instructed Defendants to produce all previously withheld documents to Plaintiff within ten (10) calendar days of the Order, The Court FINDS AND ORDERS that defendants shall produce all previously withheld documents to Plaintiff within ten (10) calendar days of this Minute Order. (sdf, ) (Entered: 09/28/2009) |
| 2009-10-01 | 50 | MOTION to stay case filed by Defendants United States Department of Energy, United States Department of Energy Secretary. (Attachments: # 1 Proposed Order) (Powell, Amy) (Entered: 10/01/2009) |
| 2009-10-05 | 51 | ORDER by the Honorable Judge William F Downes granting 50 Motion to Stay Order re 49 Minute Order and 48 Order Requiring Production of Withheld Documents. Upon consideration of Defendants' Unopposed Motion for a Stay, the Court hereby stays its September 28,2009 Order for 60 days - up to an including November 27, 2009. If at any time prior to November 27,2009, any party wishes to terminate the stay, the party should inform the Court. (sdf, ) (Entered: 10/05/2009) |
| 2009-10-06 | 52 | REFERRED TO MAGISTRATE JUDGE. UNOPPOSED MOTION for Extension of Time to File a Motion for Attorneys Fees and Costs, filed by Plaintiffs Keep Yellowstone Nuclear Free, Environmental Defense Institute, David McCoy. (Attachments: # 1 Proposed Order For extension of time to file motion for fees and costs) (Sullivan, Mark) Text modified on 10/6/2009 (sdn, ). (Entered: 10/06/2009) |
| 2009-10-06 | | Motion No Longer Referred: 52 MOTION for Extension of Time (to file motion for fees and costs) referred to trial judge. (sdb, ) (Entered: 10/06/2009) |
| 2009-10-06 | 53 | ORDER by the Honorable Judge William F Downes granting 52 Motion for Extension of Time. Upon consideration of Plaintiffs Unopposed Motion for an Order Extending Plaintiffs Time to File a Motion for Attorneys Fees and Costs, the Court hereby grants the Plaintiffs motion, and permits the Plaintiffs an extension of their time to file a motion for attorneys fees and costs up to and including December 11, 2009. (sdf, ) (Additional attachment(s) added on 10/7/2009: # 1 ORDER SIGNED AND DATED) (sdf, ). (Additional attachment(s) added on 10/7/2009: # 2 CORRECT ORDER SIGNED 10/6/2009) (sdf, ). (Entered: 10/06/2009) |
| 2009-10-13 | 54 | MOTION to Alter/Amend Judgment filed by Defendants United States Department of Energy, United States Department of Energy Secretary. (Attachments: # 1 Affidavit of Karl Hugo, # 2 Exhibit 1 Part 1 of 9 - Chapter 15 of 2004 UFSAR, # 3 Exhibit 1 Part 2 - Chapter 15 of 2004 UFSAR, # 4 Exhibit 1 Part 3 Chapter 15 of 2004 UFSAR, # 5 Exhibit 1 Part 4 Chapter 15 of 2004 UFSAR, # 6 Exhibit 1 Part 5 Chapter 15 of 2004 UFSAR, # 7 Exhibit 1 Part 6 Chapter 15 of 2004 UFSAR, # 8 Exhibit 1 Part 7 Chapter 15 of 2004 UFSAR, # 9 Exhibit 1 Part 8 Chapter 15 of 2004 UFSAR, # 10 Exhibit 1 Part 9 - Chapter 15 of 2004 UFSAR, # 11 Exhibit 2 Part 1 of 3 - Chapter 15 of 1998 UFSAR, # 12 Exhibit 2 Part 2 - Chapter 15 of 1998 UFSAR, # 13 Exhibit 2 Part 3 Chapter 15 of 1998 UFSAR, # 14 Exhibit 3 - Part 1 of 10 - HAD-3 Emergency Management Hazards Assessment, # 15 Exhibit 3 - Part 2 of 10 - HAD, # 16 Exhibit 3 Part 3 of 10 - HAD, # 17 Exhibit 3 Part 4 of 10 - HAD, # 18 Exhibit 3 Part 5 of 10 - HAD, # 19 Exhibit 3 Part 6 of 10 - HAD, # 20 Exhibit 3 Part 7 of 10 - HAD, # 21 Exhibit 3 Part 8 - HAD, # 22 Exhibit 3 Part 9 of 10 - HAD, # 23 Exhibit 3 Part 10 of 10 - HAD, # 24 Exhibit 4 - Engineering Design File 4394, # 25 Exhibit 5 - DOE General Guideline 5, # 26 Exhibit 6 - DOE Manual 471.1-1, # 27 Exhibit 7 - DOE Order 471.1A, # 28 Exhibit 8 - UCNI Designation) (Powell, Amy) (Entered: 10/13/2009) |
| 2009-10-20 | 55 | REFERRED TO MAGISTRATE JUDGE. MOTION for Extension of Time filed by Plaintiffs Keep Yellowstone Nuclear Free, Environmental Defense Institute, David McCoy. (Attachments: # 1 Proposed Order) (Sullivan, Mark) (Entered: 10/20/2009) |
| 2009-10-20 | | Motion No Longer Referred: 55 MOTION for Extension of Time (respond to Defendants' Motion to Alter or Amend Judgment) referred to trial judge. (sdb, ) (Entered: 10/20/2009) |
| 2009-10-29 | 56 | ORDER by the Honorable Judge William F Downes granting 55 Motion for Extension of Time; Plaintiff's Motion response deadline 11/13/2009. The Court also extends the stay issued on 10/5/2009, which stayed the effect of the Court's 9/28/2009 order until the Court can rule on Defendant's Motion to Alter or Amend the Judgment and/or Relief from Judgment. (stbd) (Entered: 10/29/2009) |
| 2009-11-09 | 57 | REFERRED TO MAGISTRATE JUDGE. MOTION for a Second Order for Extension of Time for Plaintiffs to Respond to Defendants' Motion to Alter or Amend Judgment filed by Plaintiffs Keep Yellowstone Nuclear Free, Environmental Defense Institute, David McCoy. (Attachments: # 1 Proposed Order) (Sullivan, Mark) Text modified on 11/10/2009 (sdn, ). (Entered: 11/09/2009) |
| 2009-11-09 | | Motion No Longer Referred: 57 MOTION for Extension of Time (for Second Order Extending Plaintiffs' Time to Respond to Defendants' Motion to Alter or Amend Judgment) referred to trial judge. (sdb, ) (Entered: 11/10/2009) |
| 2009-11-16 | 58 | ORDER by the Honorable Judge William F Downes granting 57 Motion for Extension of Time; Motion response deadline 12/15/2009. (stbd) (Entered: 11/16/2009) |
| 2009-12-09 | 59 | REFERRED TO MAGISTRATE JUDGE. MOTION for Extension of Time to respond to defendants' motion to alter or amend judgment and to file a motion for award of attorneys fees and costs, filed by Plaintiffs Keep Yellowstone Nuclear Free, Environmental Defense Institute, David McCoy. (Attachments: # 1 Exhibit Stipulation of the Parties, # 2 Proposed Order Granting Extensions) (Sullivan, Mark) Text modified on 12/9/2009 (sdn, ). (Entered: 12/09/2009) |
| 2009-12-09 | | Motion No Longer Referred: 59 MOTION for Extension of Time (to respond to defendants' motion to alter or amend judgment and to file a motion for award of attorneys fees and costs) referred to trial judge. (sdb, ) (Entered: 12/09/2009) |
| 2009-12-21 | 60 | ORDER by the Honorable Judge William F Downes granting 59 Motion for Extension of Time to Respond to Defendant Motion to Alter or Amend Judgment and to file a motion for award of attorneys fees and costs. Plaintiff are permitted an extension of time to file a response to Defendants'Motion to Alter or Amend Judgment up to and including January 15, 2010. Plaintiffs are also permitted an extension of time to file a Motion for an Award of Fees and Costs up to and including January 29, 2010. (sdf, ) (Entered: 12/21/2009) |
| 2010-01-20 | 61 | NOTICE of Settlement and Stipulation of Dismissal, jointly filed by Defendants United States Department of Energy, United States Department of Energy Secretary (Powell, Amy) (Entered: 01/20/2010) |
| 2010-03-05 | 62 | RECEIPT FOR EXHIBITS. Four (4) expando files. (sdf, ) (Entered: 03/05/2010) |
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