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Case TitleKinsella v. Bureau Of Ocean Energy Management et al
DistrictEastern District of New York
CityCentral Islip
Case Number2:2023cv02915
Date Filed2023-04-19
Date Closed2023-04-19
JudgeJudge Frederic Block
PlaintiffSouth Fork Wind, LLC
PlaintiffSimon V. Kinsella
Case DescriptionSimon Kinsella, a resident of Long Island, filed suit against the Bureau of Ocean Management and other government agencies for damages caused by PSAS. While this suit has a FOIA claim it is torts case rather than a FOIA case.
Complaint issues: FOIA not mentioned

DefendantBureau of Ocean Energy Management
DefendantDeb Haaland Secretary of the Interior, U.S. Department of the Interior
DefendantMichael S. Regan Administrator, U.S. Environmental Protection Agency
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Opinion/Order [56]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-07-201COMPLAINT against BUREAU OF OCEAN ENERGY MANAGEMENT, DEB HAALAND, MICHAEL S. REGAN ( Filing fee $ 402, receipt number 202631) filed by SIMON V. KINSELLA. (Attachments: # 1 Civil Cover Sheet, # 2 Appendix 1, # 3 Appendix 2, # 4 Appendix 3, # 5 Appendix 4, # 6 Summons, # 7 Summons, # 8 Summons)(zjm) [Transferred from District of Columbia on 4/19/2023.] (Entered: 07/21/2022)
2022-07-202MOTION for CM/ECF User Name and Password by SIMON V. KINSELLA. (zjm) [Transferred from District of Columbia on 4/19/2023.] (Entered: 07/25/2022)
2022-07-21Summons (3) Issued as to BUREAU OF OCEAN ENERGY MANAGEMENT, DEB HAALAND, MICHAEL S. REGAN. (zjm) [Transferred from District of Columbia on 4/19/2023.] (Entered: 07/21/2022)
2022-07-21SUMMONS Not Issued as to U.S. Attorney and U.S. Attorney General (zjm) [Transferred from District of Columbia on 4/19/2023.] (Entered: 07/21/2022)
2022-07-25MINUTE ORDER granting 2 Motion for CM/ECF Username and Password: Plaintiff Simon V. Kinsella moves the Court for leave to obtain a username and password for the Court's Case Management/Electronic Case Filing (CM/ECF) system. This Motion, ECF 2, is GRANTED. Under the local rules, a pro se party may obtain a CM/ECF username and password from the Clerk of the Court with the Court's permission. LCvR 5.4(b)(2). To obtain leave of the Court, the pro se party must file a written motion entitled "Motion for CM/ECF User Name and Password" that (1) "describ[es] the party's access to the internet"; (2) "confirm[s] [the party's] capacity to file documents and receive filings electronically on a regular basis"; and (3) "certif[ies] that [the party] either has successfully completed the entire Clerk's Office on-line tutorial or has been permitted to file electronically in other federal courts." Id. The Judge presiding over the case wields discretion over granting a motion for a CM/ECF username and password. Id. Kinsella's Motion satisfies the local rules. He attests that he has access to the internet, that he has the capacity to file and receive filings electronically, and that he will complete the entire Clerk's Office online tutorial for CM/ECF filing. ECF 2 at 1-2. Accordingly, Kinsella's motion for a CM/ECF username and password, ECF 2, is GRANTED. Signed by Judge Jia M. Cobb on July 25, 2022. (lcjmc3) [Transferred from District of Columbia on 4/19/2023.] (Entered: 07/25/2022)
2022-07-263NOTICE by SIMON V. KINSELLA re 1 Complaint, (Attachments: # 1 Exhibit A-C, # 2 Exhibit D, # 3 Exhibit E, # 4 Exhibit F-I, # 5 Errata J, # 6 Exhibit K, # 7 Errata L), # 8 Exhibit L, # 9 Exhibit M, # 10 Exhibit N, # 11 Exhibit O, # 12 Exhibit P) "LET THIS BE FILED" Signed by Jia M. Cobb on 07/26/2022(zjf) [Transferred from District of Columbia on 4/19/2023.] (Entered: 07/29/2022)
2022-08-154ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/8/2022. Answer due for ALL FEDERAL DEFENDANTS by 9/7/2022. (Attachments: # 1 Certificate of Service Service, US AG Garland)(KINSELLA, SIMON) (Main Document 4 replaced on 8/15/2022) (zjf). Modified on 8/15/2022 to correct serve/answer due date (zjf). Modified on 9/13/2022 (zjf). [Transferred from District of Columbia on 4/19/2023.] (Entered: 08/15/2022)
2022-08-155ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/9/2022. (Attachments: # 1 Certificate of Service Service, US Attorney DC, Graves)(KINSELLA, SIMON) (Main Document 5 replaced on 8/15/2022) (zjf). Modified on 9/13/2022 (zjf). [Transferred from District of Columbia on 4/19/2023.] (Entered: 08/15/2022)
2022-08-166RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEB HAALAND served on 7/26/2022 (KINSELLA, SIMON) [Transferred from District of Columbia on 4/19/2023.] (Entered: 08/16/2022)
2022-08-167RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF OCEAN ENERGY MANAGEMENT served on 7/26/2022 (KINSELLA, SIMON) [Transferred from District of Columbia on 4/19/2023.] (Entered: 08/16/2022)
2022-08-168RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MICHAEL S. REGAN served on 8/3/2022 (KINSELLA, SIMON) [Transferred from District of Columbia on 4/19/2023.] (Entered: 08/16/2022)
2022-08-169AFFIDAVIT re 3 Notice (Other), 1 Complaint, AFFIDAVIT of JOINDER SERVICE by SIMON V. KINSELLA. (KINSELLA, SIMON) [Transferred from District of Columbia on 4/19/2023.] (Entered: 08/16/2022)
2022-09-0810NOTICE of Appearance by Amanda Stoner on behalf of BUREAU OF OCEAN ENERGY MANAGEMENT, DEB HAALAND, MICHAEL S. REGAN (Stoner, Amanda) [Transferred from District of Columbia on 4/19/2023.] (Entered: 09/08/2022)
2022-09-0811MOTION to Transfer Case to Eastern District of New York by BUREAU OF OCEAN ENERGY MANAGEMENT, DEB HAALAND, MICHAEL S. REGAN. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A - Mahoney Complaint, # 3 Exhibit B - ROD, # 4 Exhibit C - FEIS, # 5 Exhibit D - Excerpt of March 18, 2021 PSC Order Adopting Joint Proposal, # 6 Exhibit E - Order Denying Petitions for Rehearing, # 7 Exhibit F - Consent Motion to Modify Scheduling Order D. Mass, # 8 Text of Proposed Order)(Stoner, Amanda) [Transferred from District of Columbia on 4/19/2023.] (Entered: 09/08/2022)
2022-09-1212WITHDRAWN PURSUANT TO NOTICE FILED ON 09/13/2022.....AFFIDAVIT FOR DEFAULT against BOEM and Dept. of Interior by SIMON V. KINSELLA. (Attachments: # 1 Supplement Request to Clerk to Enter Default)(KINSELLA, SIMON) Modified on 9/13/2022 (zed). [Transferred from District of Columbia on 4/19/2023.] (Entered: 09/12/2022)
2022-09-1213ERRATA including Exhibit A to Affidavit for Default by SIMON V. KINSELLA re 12 Affidavit for Default. (KINSELLA, SIMON) [Transferred from District of Columbia on 4/19/2023.] (Entered: 09/12/2022)
2022-09-1214MOTION for Extension of Time to File Answer by BUREAU OF OCEAN ENERGY MANAGEMENT, DEB HAALAND, MICHAEL S. REGAN. (Attachments: # 1 Text of Proposed Order)(Stoner, Amanda) [Transferred from District of Columbia on 4/19/2023.] (Entered: 09/12/2022)
2022-09-1215RESPONSE re 12 Affidavit for Default filed by BUREAU OF OCEAN ENERGY MANAGEMENT, DEB HAALAND, MICHAEL S. REGAN. (Attachments: # 1 Exhibit)(Hudak, Brian) [Transferred from District of Columbia on 4/19/2023.] (Entered: 09/12/2022)
2022-09-1316NOTICE of Withdrawal of Affidavit of Default in view of new information by SIMON V. KINSELLA re 12 Affidavit for Default, 13 Errata (Attachments: # 1 Exhibit Duplicate Federal Express proofs of delivery (with same tracking ref.))(KINSELLA, SIMON) [Transferred from District of Columbia on 4/19/2023.] (Entered: 09/13/2022)
2022-09-13NOTICE OF ERROR regarding 5 Summons Returned Executed as to U.S. Attorney General, 4 Summons Returned Executed in FOIA as to U.S. Attorney,. The following error(s) need correction: Summons not issued as to the U.S. Attorney or U.S. Attorney General Other- Please refile. (zjf) [Transferred from District of Columbia on 4/19/2023.] (Entered: 09/13/2022)
2022-09-1317REQUEST FOR SUMMONS TO ISSUE to U.S. Attorney General and U.S. Attorney for the District of Columbia filed by SIMON V. KINSELLA. (Attachments: # 1 Summons Summons for U.S. Attorney, D.C.)(KINSELLA, SIMON) [Transferred from District of Columbia on 4/19/2023.] (Entered: 09/13/2022)
2022-09-13MINUTE ORDER granting 14 Motion for Extension of Time to File Answer: The Government filed its Motion for Extension of Time to File Answer on September 12, 2022. Although the plaintiff has not yet informed the Court of their position on the matter, having considered the motion and for good cause shown, it is ORDERED that the motion is GRANTED. The time for The Government to file its responsive pleading to the Complaint in this lawsuit is extended to thirty days after: (1) the case is transferred and a new docket number and judge is assigned (should the Motion to Transfer 11 be granted); or (2) this Court issues an order denying the Motion to Transfer (should the Motion be denied). Signed by Judge Jia M. Cobb on 9/13/2022. (lcjmc3) [Transferred from District of Columbia on 4/19/2023.] (Entered: 09/13/2022)
2022-09-1418SUMMONS (2) Issued Electronically as to BUREAU OF OCEAN ENERGY MANAGEMENT, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zed) [Transferred from District of Columbia on 4/19/2023.] (Entered: 09/14/2022)
2022-09-2219RESPONSE re 11 MOTION to Transfer Case to Eastern District of New York and Plaintiff's Cross-Motion for Partial Summary Judgment filed by SIMON V. KINSELLA. (Attachments: # 1 Affidavit Affidavit: Kinsella, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E)(KINSELLA, SIMON) [Transferred from District of Columbia on 4/19/2023.] (Entered: 09/22/2022)
2022-09-2220Cross MOTION for Partial Summary Judgment and Expedited Hearing by SIMON V. KINSELLA. (Attachments: # 1 Memorandum in Support MEMO in Support, # 2 Statement of Facts Statement of Material Facts, # 3 Exhibit Exhibit A, # 4 Affidavit Affidavit: Kinsella, # 5 USCA Order Proposed Order)(KINSELLA, SIMON) [Transferred from District of Columbia on 4/19/2023.] (Entered: 09/22/2022)
2022-09-2621Cross MOTION for Partial Summary Judgment (correcting ECF # 20) by SIMON V. KINSELLA. (Attachments: # 1 Memorandum in Support (corrected), # 2 Exhibit A, # 3 Exhibit B, # 4 Statement of Facts (corrected), # 5 Affidavit Kinsella)(KINSELLA, SIMON) [Transferred from District of Columbia on 4/19/2023.] (Entered: 09/26/2022)
2022-09-2722Unopposed MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Transfer Case to Eastern District of New York by BUREAU OF OCEAN ENERGY MANAGEMENT, DEB HAALAND, MICHAEL S. REGAN. (Attachments: # 1 Text of Proposed Order)(Stoner, Amanda) [Transferred from District of Columbia on 4/19/2023.] (Entered: 09/27/2022)
2022-09-27MINUTE ORDER granting 22 Consent Motion for Extension of Time to File Response/Reply as to Defendants' Motion to Transfer Case: Having considered the motion and for good cause shown, the Court GRANTS the motion. Defendants are ORDERED to file their Reply by October 6, 2022. Signed by Judge Jia M. Cobb on September 27, 2022. (lcjmc3) [Transferred from District of Columbia on 4/19/2023.] (Entered: 09/27/2022)
2022-10-0523NOTICE of Plaintiff's probable filing of MOTION for Leave to SURREPLY by SIMON V. KINSELLA (KINSELLA, SIMON) [Transferred from District of Columbia on 4/19/2023.] (Entered: 10/05/2022)
2022-10-0624MOTION to Strike 21 Cross MOTION for Partial Summary Judgment (correcting ECF # 20) , 20 Cross MOTION for Partial Summary Judgment and Expedited Hearing by BUREAU OF OCEAN ENERGY MANAGEMENT, DEB HAALAND, MICHAEL S. REGAN. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Stoner, Amanda) [Transferred from District of Columbia on 4/19/2023.] (Entered: 10/06/2022)
2022-10-0625REPLY to opposition to motion re 11 MOTION to Transfer Case filed by BUREAU OF OCEAN ENERGY MANAGEMENT, DEB HAALAND, MICHAEL S. REGAN. (Attachments: # 1 Exhibit A)(Stoner, Amanda) Modified docket relationship on 10/11/2022 (zed). [Transferred from District of Columbia on 4/19/2023.] (Entered: 10/06/2022)
2022-10-0726Unopposed MOTION for Leave to File a SURREPLY to Motion to Transfer Venue by SIMON V. KINSELLA. (KINSELLA, SIMON) [Transferred from District of Columbia on 4/19/2023.] (Entered: 10/07/2022)
2022-10-09MINUTE ORDER granting 24 Defendants Motion to Strike Plaintiff's Motion for Summary Judgment or in the Alternative to Stay Briefing. The Court ORDERS that briefing on Plaintiff's Motion for Summary Judgment 21 is stayed pending resolution of Defendants' Motion to Transfer 11 . Signed by Judge Jia M. Cobb on October 9, 2022. (lcjmc3) [Transferred from District of Columbia on 4/19/2023.] (Entered: 10/09/2022)
2022-10-09MINUTE ORDER granting 26 Motion for Leave to File Surreply: Plaintiff moves to file a surreply to Defendants' Motion to Transfer Case 11 . Though surreplies are generally disfavored, the decision whether to grant leave is committed to the Court's discretion, and courts typically grant leave if the moving party shows the need to contest matters presented to the Court for the first time in the non-movant's reply brief. See, e.g. , Ben-Kotel v. Howard Univ. , 319 F.3d 532, 536 (D.C. Cir. 2003). In his Motion for Leave, Plaintiff refers to new evidence raised by Defendants in their Reply, specifically a declaration attached to Defendants' Reply. ECF 25-1. Accordingly, it is ORDERED that, by October 11, 2022, Plaintiff may file a surreply addressing that new evidence. Plaintiff's surreply may not exceed five typed, double-spaced pages. Signed by Judge Jia M. Cobb on October 9, 2022. (lcjmc3) [Transferred from District of Columbia on 4/19/2023.] (Entered: 10/09/2022)
2022-10-1127SURREPLY to Motion to Transfer Case (in opposition) filed by SIMON V. KINSELLA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(KINSELLA, SIMON) [Transferred from District of Columbia on 4/19/2023.] (Entered: 10/11/2022)
2022-10-1328ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 9/15/2022. Answer due for ALL D.C. DEFENDANTS by 10/6/2022. (Attachments: # 1 Exhibit A)(KINSELLA, SIMON) Modified on 10/14/2022 (zjm). [Transferred from District of Columbia on 4/19/2023.] (Entered: 10/13/2022)
2022-10-1329RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/20/2022. (Attachments: # 1 Exhibit Return Receipt)(KINSELLA, SIMON) [Transferred from District of Columbia on 4/19/2023.] (Entered: 10/13/2022)
2022-10-1330RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF OCEAN ENERGY MANAGEMENT served on 9/22/2022 (Attachments: # 1 Exhibit Return Receipt)(KINSELLA, SIMON) [Transferred from District of Columbia on 4/19/2023.] (Entered: 10/13/2022)
2022-10-1331RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEB HAALAND served on 9/20/2022 (Attachments: # 1 Exhibit Return Receipt)(KINSELLA, SIMON) [Transferred from District of Columbia on 4/19/2023.] (Entered: 10/13/2022)
2022-10-1332RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MICHAEL S. REGAN served on 9/29/2022 (Attachments: # 1 Exhibit Return Receipt)(KINSELLA, SIMON) [Transferred from District of Columbia on 4/19/2023.] (Entered: 10/13/2022)
2022-10-14NOTICE OF ERROR regarding 28 Summons Returned Executed as to DC Attorney General,. The following error(s) need correction: Other- Please refile Please refile using event: Service of Process - Summons returned Executed as to US Attorney and enter date of delivery (not date mailed). Please refile. (zjm) [Transferred from District of Columbia on 4/19/2023.] (Entered: 10/14/2022)
2022-10-1433RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/15/2022. Answer due for ALL FEDERAL DEFENDANTS by 10/15/2022. (Attachments: # 1 Exhibit A)(KINSELLA, SIMON) [Transferred from District of Columbia on 4/19/2023.] (Entered: 10/14/2022)
2022-11-0234First MOTION to Amend/Correct 1 Complaint, against BOEM, et al., by SIMON V. KINSELLA. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A - AMENDED COMPLAINT, # 3 Exhibit B - Amended Complaint (redline), # 4 Declaration of SIMON V. KINSELLA, # 5 Exhibit 01, # 6 Exhibit 02, # 7 Exhibit 03, # 8 Exhibit 04, # 9 Exhibit 05, # 10 Exhibit 06, # 11 Exhibit 07, # 12 Exhibit 08, # 13 Exhibit 09, # 14 Exhibit 10, # 15 Exhibit 11, # 16 Exhibit 12, # 17 Exhibit 13, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18)(KINSELLA, SIMON). Added MOTION to Expedite, MOTION for Hearing on 11/4/2022 (zjm). [Transferred from District of Columbia on 4/19/2023.] (Entered: 11/02/2022)
2022-11-0235Ex Parte MOTION for Injunction against South Fork Wind LLC by SIMON V. KINSELLA. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Simon V. Kinsella, # 3 Text of Proposed Order, # 4 Exhibit I, # 5 Exhibit II, # 6 Exhibit III, # 7 Exhibit IV, # 8 Exhibit V)(KINSELLA, SIMON) (Attachment 7 replaced on 11/3/2022) (rj). Modified on 11/3/2022 to flatten pdf (rj). [Transferred from District of Columbia on 4/19/2023.] (Entered: 11/02/2022)
2022-11-0336Amended MOTION to Amend/Correct 35 Ex Parte MOTION for Injunction against South Fork Wind LLC # 3 Text of Proposed Order by SIMON V. KINSELLA. (KINSELLA, SIMON) [Transferred from District of Columbia on 4/19/2023.] (Entered: 11/03/2022)
2022-11-0337NOTICE of TRO to Opposing Party by SIMON V. KINSELLA re 35 Motion for Injunction, (KINSELLA, SIMON) [Transferred from District of Columbia on 4/19/2023.] (Entered: 11/03/2022)
2022-11-0338Proposed MOTION to Issue Summons for First Amended Complaint by SIMON V. KINSELLA. (Attachments: # 1 Summons James Bennett, # 2 Summons Michelle Morin, # 3 Summons Mary Boatman, # 4 Summons Emma Chaiken, # 5 Summons Mark Jensen, # 6 Summons Jennifer Draher, # 7 Summons Brian Hooker, # 8 Summons Laura Daniel-Davis)(KINSELLA, SIMON) [Transferred from District of Columbia on 4/19/2023.] (Entered: 11/03/2022)
2022-11-0339NOTICE Re: Record of Decision (ROD), Final Environmental Impact Statement (FEIS), Construction and Operations Plan Vol I & II (COP), and missing Exhibit 15 by SIMON V. KINSELLA re 34 Motion to Amend/Correct,, 35 Motion for Injunction, (Attachments: # 1 Exhibit 15 Renewables RFP)(KINSELLA, SIMON) [Transferred from District of Columbia on 4/19/2023.] (Entered: 11/03/2022)
2022-11-0540Unopposed MOTION to Intervene by SOUTH FORK WIND, LLC. (Attachments: # 1 Proposed Opposition to Plaintiff's Emergency Motion for a Temporary Restraining Order, # 2 Declaration of Janice M. Schneider, # 3 Declaration of Melanie Gearon, # 4 Proposed Order Granting Leave to Intervene, # 5 Proposed Order Denying Temporary Restraining Order, # 6 Corporate Disclosure Statement)(Schneider, Janice) [Transferred from District of Columbia on 4/19/2023.] (Entered: 11/05/2022)
2022-11-0541NOTICE of Appearance by Stacey Lynn VanBelleghem on behalf of SOUTH FORK WIND, LLC (VanBelleghem, Stacey) [Transferred from District of Columbia on 4/19/2023.] (Entered: 11/05/2022)
2022-11-0542NOTICE of Appearance by Devin M. O'Connor on behalf of SOUTH FORK WIND, LLC (O'Connor, Devin) [Transferred from District of Columbia on 4/19/2023.] (Entered: 11/05/2022)
2022-11-0743ORDER granting 40 Unopposed Motion of South Fork Wind, LLC to Intervene as a Defendant pursuant to Federal Rule of Civil Procedure 24(a)(2). See document for details. Signed by Judge Jia M. Cobb on November 7, 2022. (lcjmc3) [Transferred from District of Columbia on 4/19/2023.] (Entered: 11/07/2022)
2022-11-07MINUTE ORDER. The Parties are ORDERED to appear for a hearing regarding 11 Motion to Transfer Case and 35 Motion for a Temporary Restraining Order (TRO) on November 9, 2022, at 2:00 PM. The hearing will be on the record and conducted via Zoom. The Court's Deputy Clerk will provide the information necessary to access the call. Signed by Judge Jia M. Cobb on November 7, 2022. (lcjmc3) [Transferred from District of Columbia on 4/19/2023.] (Entered: 11/07/2022)
2022-11-0744REPLY to opposition to 35 motion for Emergency TRO filed by SIMON V. KINSELLA. (Attachments: # 1 Declaration of Simon V. Kinsella, # 2 Exhibit 44-2, # 3 Exhibit 44-3, # 4 Exhibit 44-4, # 5 Exhibit COP 1 of 4, 44-5, # 6 Exhibit COP 2 of 4, 44-6, # 7 Exhibit COP 3 of 4, 44-7, # 8 Exhibit COP 4 of 4, 44-8, # 9 Exhibit 44-9, # 10 Exhibit 44-10, # 11 Exhibit 44-11, # 12 Exhibit 44-12, # 13 Exhibit 44-13)(KINSELLA, SIMON); Modified on 11/7/2022 to add docket entry relationship. (ztth). [Transferred from District of Columbia on 4/19/2023.] (Entered: 11/07/2022)
2022-11-0845Memorandum in opposition to re 35 Motion for Injunction, filed by BUREAU OF OCEAN ENERGY MANAGEMENT, DEB HAALAND, MICHAEL S. REGAN. (Attachments: # 1 Exhibit A - SFWF FEIS, # 2 Exhibit B - SFWF ROD, # 3 Exhibit C - EFH Addendum, # 4 Exhibit D - August 31, 2022 NMFS Letter, # 5 Exhibit E - October 7, 2021 BOEM Letter, # 6 Exhibit F - SFWF COP, # 7 Exhibit G - November 22, 2021 Memorandum to File, # 8 Exhibit H: Declaration of John Stokely, BOEM Project Coordinator, Office of Renewable Programs, # 9 Exhibit I: March 11, 2022 EPA Letter to Citizens for Preservation of Wainscott, Inc.)(Stoner, Amanda) [Transferred from District of Columbia on 4/19/2023.] (Entered: 11/08/2022)
2022-11-0946REPLY to opposition to motion re 45 Memorandum in Opposition,, to Plaintiff's Motion for Emergency TRO filed by SIMON V. KINSELLA. (Attachments: # 1 Exhibit 45-1 SCWA Well Map, # 2 Exhibit 45-2 SCDHS PFAS Profile Analysis)(KINSELLA, SIMON) [Transferred from District of Columbia on 4/19/2023.] (Entered: 11/09/2022)
2022-11-0947ERRATA (reference corrections, see redline changes) by SIMON V. KINSELLA re 46 Reply to opposition to Motion,. (Attachments: # 1 Exhibit Redline changes)(KINSELLA, SIMON) [Transferred from District of Columbia on 4/19/2023.] (Entered: 11/09/2022)
2022-11-09Minute Entry for Preliminary Injunction held on 11/9/2022 before Judge Jia M. Cobb. Order to follow. (Court Reporter Tammy Nestor.) (zglw) [Transferred from District of Columbia on 4/19/2023.] (Entered: 11/09/2022)
2022-11-10MINUTE ORDER re Zoom Hearing held on November 9, 2022. The Court GRANTS Plaintiff's Motion to Amend/Correct the Complaint 34 , which Plaintiff may do as a matter of course at this stage in the proceedings. See Fed. R. Civ. P. 15(a)(1)(B). Further, the Court STRIKES as premature Plaintiff's Corrected Cross-Motion for Partial Summary Judgment 21 , as well as the uncorrected version of the same motion 20 . Finally, the Court DENIES Plaintiff's Motion for a Temporary Restraining Order 35 for the reasons stated on the record at the hearing. The Court does not rule on Plaintiffs Motion for a Preliminary Injunction 35 . Signed by Judge Jia M. Cobb on November 10, 2022. (lcjmc3) [Transferred from District of Columbia on 4/19/2023.] (Entered: 11/10/2022)
2022-11-1048MEMORANDUM OPINION re: 11 Motion to Transfer Case. See document for details. Signed by Judge Jia M. Cobb on November 10, 2022. (lcjmc3) [Transferred from District of Columbia on 4/19/2023.] (Entered: 11/10/2022)
2022-11-1049ORDER granting 11 Motion to Transfer Case. See document for details. Signed by Judge Jia M. Cobb on November 10, 2022. (lcjmc3) [Transferred from District of Columbia on 4/19/2023.] (Entered: 11/10/2022)
2022-11-10MINUTE ORDER re 38 Motion to Issue Summons. The Court dismisses the motion as moot. Signed by Judge Jia M. Cobb on November 10, 2022. (lcjmc3) [Transferred from District of Columbia on 4/19/2023.] (Entered: 11/10/2022)
2022-11-2950NOTICE OF APPEAL TO DC CIRCUIT COURT as to Order on Motion to Amend/Correct,,, Order on Motion for Injunction,,, Order on Motion to Expedite,,, Order on Motion for Hearing,,, Order on Motion for Partial Summary Judgment,,,,, Order,, Set Hearings, Order on Motion to Strike, 48 Memorandum & Opinion, 49 Order on Motion to Transfer Case by SIMON V. KINSELLA. Filing fee $ 505, receipt number ADCDC-9701068. Fee Status: Fee Paid. Parties have been notified. (Attachments: # 1 Exhibit USCA Writ of Mandamus, # 2 Exhibit Cert. as to Parties, Rulings, and Related Cases)(KINSELLA, SIMON) [Transferred from District of Columbia on 4/19/2023.] (Entered: 11/29/2022)
2022-11-3051Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid re 50 Notice of Appeal to DC Circuit Court. (zjm) [Transferred from District of Columbia on 4/19/2023.] (Entered: 11/30/2022)
2022-11-30USCA Case Number 22-5316 for 50 Notice of Appeal to DC Circuit Court, filed by SIMON V. KINSELLA. (znmw) [Transferred from District of Columbia on 4/19/2023.] (Entered: 12/01/2022)
2022-12-0652AMENDED PETITION FOR WRIT OF MANDAMUS Amended Writ of Mandamus by SIMON V. KINSELLA re 50 Notice of Appeal to DC Circuit Court,, (Attachments: # 1 Declaration of Simon V. Kinsella)(KINSELLA, SIMON) Modified event title on 12/8/2022 (znmw). [Transferred from District of Columbia on 4/19/2023.] (Entered: 12/06/2022)
2023-04-1853MANDATE of USCA as to 50 Notice of Appeal to DC Circuit Court,, filed by SIMON V. KINSELLA ; USCA Case Number 22-5316. (Attachments: # 1 USCA Order 2/23/2023)(znmw) [Transferred from District of Columbia on 4/19/2023.] (Entered: 04/19/2023)
2023-04-1954Case transferred in from District of District of Columbia; Case Number 1:22-cv-02147. Original file certified copy of transfer order and docket sheet received. (Entered: 04/19/2023)
2023-04-19The case of Kinsella v. Bureau of Ocean Energy Management et al , has been transferred from U.S. District Court, District of Columbia to the Eastern District of New York. The new case number is 23-cv-2915-GRB-SIL . PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (DC) (Entered: 04/19/2023)
2023-04-1955In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (DC) (Entered: 04/19/2023)
2023-04-19Incomplete ACO Case Termination/Statistical/Non Reportable Closing. (DC) (Entered: 04/20/2023)
2023-04-19District of Columbia Case number 1:22-cv-02147, Kinsella v. Bureau Of Ocean Energy Management et al, was transferred to The Eastern District of New York in error. E.D.N.Y. case number 23-cv-02915-GRB-SIL has been administratively closed. (AC) (Entered: 04/24/2023)
2023-04-25ORDER REASSIGNING CASE. Case reassigned to Judge Frederic Block and Magistrate Judge Steven Tiscione (as related to 22-cv-1305)for all further proceedings. Judge Gary R. Brown, Magistrate Judge Steven I. Locke no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Margo K. Brodie on 4/25/2023. (KD) (Entered: 04/25/2023)
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