Audubon Society of Portland et al v. National Marine Fisheries Service (NMFS) et al

Federal Civil Lawsuit Oregon District Court, Case No. 3:11-cv-00494
Magistrate Judge Dennis J. Hubel, presiding
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Magistrate Judge Dennis J. Hubel
Last Updated September 17, 2016 at 12:06 PM EDT (9.7 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Audubon Society of Portland, Plaintiff

Represented by Pacific Environmental Advocacy Ctr

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Daniel John Rohlf , +1 503 768 6707 +1 503 768 6642 rohlf@lclark.edu
No Logo Willamette Riverkeeper, Plaintiff
v.
No Logo National Marine Fisheries Service (NMFS), Defendant

Represented by United States Department of Justice

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kevin W. McArdle +1 202 353 7977 +1 202 353 7988 kevin.mcardle@usdoj.gov
No Logo United States Army Corps of Engineers, Defendant
Officially listed as "U.S. Army Corps Of Engineers"
Other Parties
No Logo Port of Portland, Intervenor

Represented by Stoel Rives, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Beverly C. Pearman +1 503 224 3380 +2949 294 294 9402
ATTORNEY TO BE NOTICED Peter D. Sax +1 503 294 9801 +1 503 220 2480 pdsax@stoel.com
Attributes
Citation Section 16 U.S.C. § 1531
Nature of Suit 893 - Environmental Matters
Timeline
  Entries (34) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 34 Filed: 11/16/2011, Entered: None
Stipulated Notice of Voluntary Dismissal With Prejudice Filed by All Parties (McArdle, Kevin) (Entered: 11/16/2011)
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Legal Document (Payment Possibly Required) 33 Filed: 10/13/2011, Entered: None Court Filing
MINUTES of Proceedings: Time set for Rule 16 Conference. Parties advise they anticipate filing a proposed stipulated order for dismissal of this case, which shall be filed no later than 11/15/11. Daniel Rohlf present as counsel for plaintiff(s). Kevin McArdle; Beverly Pearman present as counsel for defendant(s). Court Reporter: KB/FTR. Magistrate Judge Dennis J. Hubel presiding. (kb) (Entered: 10/13/2011)
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Legal Document (Payment Possibly Required) 32 Filed: 9/22/2011, Entered: None Court Filing
Scheduling Order by Magistrate Judge Dennis J. Hubel: A Rule 16 Conference is set for October 13, 2011, at 10:00 a.m., by telephone. The court will place the call. (see formal order) (kb) (Entered: 09/22/2011)
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Legal Document (Payment Possibly Required) 31 Filed: 8/29/2011, Entered: None
Answer to 1 Complaint,, . Filed by National Marine Fisheries Service (NMFS), U.S. Army Corps Of Engineers. (McArdle, Kevin) (Entered: 08/29/2011)
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Legal Document (Payment Possibly Required) 30 Filed: 7/29/2011, Entered: None Court Filing
ORDER: Plaintiffs' Motion for a Preliminary Injunction 5 ) is DENIED.(see formal order) Signed on 7/29/11 by Magistrate Judge Dennis J. Hubel. (kb) (Entered: 07/29/2011)
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Legal Document (Payment Possibly Required) 29 Filed: 7/25/2011, Entered: None Court Filing
MINUTES of Proceedings: Oral argument held on Plaintiffs' Motion for Preliminary Injunction 5 . List of NMFS Biological Opinions, tendered by plaintiffs, marked as Exhibit #1 to the proceedings, and attached hereto. The court takes the motion under advisement this date. (Attachments: # 1 Exhibit list of opinions) Magistrate Judge Dennis J. Hubel presiding. (kb) (Entered: 07/27/2011)
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Legal Document (Payment Possibly Required) 28 Filed: 7/20/2011, Entered: None
Second Affidavit of Rohlf in support of preliminary injunction. Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 5 .) (Attachments: # 1 Exhibit) (Rohlf, Daniel) (Entered: 07/20/2011)
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Legal Document (Payment Possibly Required) 27 Filed: 7/1/2011, Entered: None Court Filing
ORDER - The court rules on the parties' Joint Motion for Issuance of Scheduling Order 4 as follows: Parties having fully briefed Plaintiffs' Motion for Preliminary Injunction 5 , the motion to set a briefing schedule on that motion is deemed moot. Defendants' answers, or other responses to the complaint, shall be filed within 30 days of the court's ruling on plaintiffs' preliminary injunction motion. The court acknowledges the parties' request for a ruling on Plaintiffs' motion for preliminary injunction by August 1, 2011, if possible, and defendant U.S. Army Corps of Engineers' agreement not to commence the in-water work described in the parties' Joint Motion prior to the courts ruling or August 1, 2011, whichever occurs first. Ordered by Magistrate Judge Dennis J. Hubel. (kb) (Entered: 07/01/2011)
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Legal Document (Payment Possibly Required) 26 Filed: 6/30/2011, Entered: None Court Filing
SCHEDULING ORDER by Magistrate Judge Dennis J. Hubel: Oral argument on Plaintiffs' Motion for Preliminary Injunction 5 is set for July 25, 2011, at 1:30 p.m., in Courtroom #9B. (kb) (Entered: 06/30/2011)
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Legal Document (Payment Possibly Required) 25 Filed: 6/29/2011, Entered: None Court Filing
ORDER: The Motion to Intervene 10 filed by the Port of Portland is GRANTED. Ordered by Magistrate Judge Dennis J. Hubel. (kb) (Entered: 06/29/2011)
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Legal Document (Payment Possibly Required) 24 Filed: 6/24/2011, Entered: None
Declaration of Rohlf. Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 5 .) (Attachments: # 1 Exhibit, # 2 Exhibit) (Rohlf, Daniel) (Entered: 06/24/2011)
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Legal Document (Payment Possibly Required) 23 Filed: 6/24/2011, Entered: None
Reply to Motion for Preliminary Injunction 5 Oral Arugument requested. Filed by All Plaintiffs. (Rohlf, Daniel) (Entered: 06/24/2011)
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Legal Document (Payment Possibly Required) 22 Filed: 6/17/2011, Entered: None
Affidavit in Opposition bu Sheryl Carrubba to Motion for Preliminary Injunction 5 . Filed by All Defendants. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit) (McArdle, Kevin) (Entered: 06/17/2011)
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Legal Document (Payment Possibly Required) 21 Filed: 6/17/2011, Entered: None
Affidavit in Opposition by Kevin W. McArdle to Motion for Preliminary Injunction 5 . Filed by National Marine Fisheries Service (NMFS), U.S. Army Corps Of Engineers. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit) (McArdle, Kevin) (Entered: 06/17/2011)
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Legal Document (Payment Possibly Required) 20 Filed: 6/17/2011, Entered: None
Affidavit in Opposition by Mindy M. Simmons to Motion for Preliminary Injunction 5 . Filed by National Marine Fisheries Service (NMFS), U.S. Army Corps Of Engineers. (McArdle, Kevin) (Entered: 06/17/2011)
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Legal Document (Payment Possibly Required) 19 Filed: 6/17/2011, Entered: None
Memorandum in Opposition to Motion for Preliminary Injunction 5 . Filed by National Marine Fisheries Service (NMFS), U.S. Army Corps Of Engineers. (McArdle, Kevin) (Entered: 06/17/2011)
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Legal Document (Payment Possibly Required) 18 Filed: 6/17/2011, Entered: None
Declaration of Teresa C. Michelsen in Opposition to Plaintiffs' Motion for Preliminary Injunction. Filed by Port of Portland. (Related document(s): Memorandum in Opposition 14 .) (Pearman, Beverly) (Entered: 06/17/2011)
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Legal Document (Payment Possibly Required) 17 Filed: 6/17/2011, Entered: None
Declaration of Joe Krieter in Opposition to Plaintiffs' Motion for Preliminary Injunction. Filed by Port of Portland. (Related document(s): Memorandum in Opposition 14 .) (Pearman, Beverly) (Entered: 06/17/2011)
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Legal Document (Payment Possibly Required) 16 Filed: 6/17/2011, Entered: None
Declaration of Sebastian Degens in Opposition to Plaintiffs' Motion for Preliminary Injunction. Filed by Port of Portland. (Related document(s): Memorandum in Opposition 14 .) (Pearman, Beverly) (Entered: 06/17/2011)
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Legal Document (Payment Possibly Required) 15 Filed: 6/17/2011, Entered: None
Declaration of Captain Paul Amos in Opposition to Plaintiff's Motion for Preliminary Injunction. Filed by Port of Portland. (Related document(s): Memorandum in Opposition 14 .) (Pearman, Beverly) (Entered: 06/17/2011)
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Legal Document (Payment Possibly Required) 14 Filed: 6/17/2011, Entered: None
Memorandum in Opposition to Motion for Preliminary Injunction 5 Oral Argument requested. Filed by Port of Portland. (Pearman, Beverly) (Entered: 06/17/2011)
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Legal Document (Payment Possibly Required) 13 Filed: 6/16/2011, Entered: None
Notice of Conventional Filing of Administrative Record Filed by National Marine Fisheries Service (NMFS), U.S. Army Corps Of Engineers (Attachments: # 1 Attachment Certification, # 2 Index) (McArdle, Kevin) (Entered: 06/16/2011)
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Legal Document (Payment Possibly Required) 12 Filed: 6/7/2011, Entered: None
Declaration of Eric Burnette in Support of Motion to Intervene. Filed by Port of Portland. (Sax, Peter) (Entered: 06/07/2011)
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Legal Document (Payment Possibly Required) 11 Filed: 6/7/2011, Entered: None
Memorandum in Support of Motion to Intervene. Filed by Port of Portland. (Related document(s): Motion to intervene 10 .) (Sax, Peter) (Entered: 06/07/2011)
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Legal Document (Payment Possibly Required) 10 Filed: 6/7/2011, Entered: None
Motion to Intervene. Filed by Port of Portland. (Sax, Peter) (Entered: 06/07/2011)
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Legal Document (Payment Possibly Required) 9 Filed: 6/6/2011, Entered: None Court Filing
Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (cib) (Entered: 06/06/2011)
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Legal Document (Payment Possibly Required) 8 Filed: 5/31/2011, Entered: None
Michael Jolliffe Affidavit in Support of Motion for Preliminary Injunction. Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 5 .) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit) (Rohlf, Daniel) (Entered: 05/31/2011)
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Legal Document (Payment Possibly Required) 7 Filed: 5/31/2011, Entered: None
Travis Williams Affidavit in Support of Motion for Preliminary Injunction. Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 5 .) (Rohlf, Daniel) (Entered: 05/31/2011)
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Legal Document (Payment Possibly Required) 6 Filed: 5/31/2011, Entered: None
Brief in Support of Motion for Preliminary Injunction. Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 5 .) (Rohlf, Daniel) (Entered: 05/31/2011)
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Legal Document (Payment Possibly Required) 5 Filed: 5/31/2011, Entered: None
Motion for Preliminary Injunction. Oral Argument requested. Filed by All Plaintiffs. (Attachments: # 1 Proposed Order) (Rohlf, Daniel) (Entered: 05/31/2011)
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Legal Document (Payment Possibly Required) 4 Filed: 5/19/2011, Entered: None
Joint Motion for Issuance of Scheduling Order. Filed by Audubon Society of Portland, National Marine Fisheries Service (NMFS), U.S. Army Corps Of Engineers, Willamette Riverkeeper. (Attachments: # 1 Proposed Order) (McArdle, Kevin) (Entered: 05/19/2011)
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Legal Document (Payment Possibly Required) 3 Filed: 5/3/2011, Entered: None
Notice of Appearance of Kevin William McArdle appearing on behalf of All Defendants Filed by on behalf of All Defendants (McArdle, Kevin) (Entered: 05/03/2011)
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Legal Document (Payment Possibly Required) 2 Filed: 4/22/2011, Entered: None Court Filing
Discovery and Pretrial Scheduling Order and Notice of Case Assignment to Magistrate Judge Dennis J. Hubel. Discovery is to be completed by 8/22/2011. Joint Alternate Dispute Resolution Report is due by 9/19/2011. Pretrial Order is due by 9/19/2011. Ordered by Magistrate Judge Dennis J. Hubel. (cib) (Entered: 04/22/2011)
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Legal Document (Payment Possibly Required) 1 Filed: 4/22/2011, Entered: None
Complaint. Filing Fee in amount of $350 collected. Receipt No. 40046. Summons issued as to Lieutenant General Robert L. Van Antwerp, Commanding General Headquarters, U.S. Army Corps of Engineers; Col. Steve R. Miles, P.E. District Commander Corps of Engineers, Portland District. Jury Trial Requested: NO.Filed by Audubon Society of Portland, Willamette Riverkeeper against National Marine Fisheries Service (NMFS), U.S. Army Corps Of Engineers. (Attachments: # 1 summons issued to all defenants, # 2 Civil Cover Sheet) (cib) (Entered: 04/22/2011)
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