Friends of Wild Swan, et al v. Fish & Wildlife Svc, et al

Federal Civil Lawsuit Oregon District Court, Case No. 3:97-cv-01247-JO
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Parties
No Logo Alliance for the Wild Rockies Incorporated, Plaintiff

Represented by centric.net Law Firm Placeholder

Name Phone Fax E-Mail
Space Jack R. Tuholske +1 406 721 6986 +1 406 728 8445 tuholske@centric.net

Represented by Reeves Kahn & Hennessy

Name Phone Fax E-Mail
Space Gary K. Kahn +1 503 777 5473 +1 503 777 8566 gkahn@rke-law.com
No Logo Friends of the Wild Swan Inc, Plaintiff

Represented by centric.net Law Firm Placeholder

Name Phone Fax E-Mail
Space Jack R. Tuholske +1 406 721 6986 +1 406 728 8445 tuholske@centric.net

Represented by Reeves Kahn & Hennessy

Name Phone Fax E-Mail
Space Gary K. Kahn +1 503 777 5473 +1 503 777 8566 gkahn@rke-law.com
v.
No Logo Michael J Spear, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Lois J. Schiffer +1 202 616 8915 +1 202 514 8865

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Jane P. Davenport +1 202 305 0216
Space Thomas Lee +1 804 467 4810 +1 503 727 1117 tom.lee@usdoj.gov
No Logo United States Fish & Wildlife Service, Defendant
Officially listed as "U.S. Fish and Wildlife Service"

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Lois J. Schiffer +1 202 616 8915 +1 202 514 8865

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Jane P. Davenport +1 202 305 0216
Space Thomas Lee +1 804 467 4810 +1 503 727 1117 tom.lee@usdoj.gov
Attributes
Office Portland
Filed 8/22/1997
Jury Demand Plaintiff
Demand $0
Nature of Suit 893 - Environmental Matters
Cause Section 16 U.S.C. § 1531 Endangered Species Act
Jurisdiction U.S. Government Defendant
Disposition Judgment - Other
County Multnomah
Terminated 12/11/1997
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags FRC, TERMINATED
Timeline
  Entries (53) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank -- Filed: 6/11/2001, Entered: 6/11/2001 Federal Records Center Information
CASE FILE SENT TO THE FRC Accession number 21-01-0083 Location number 3009587-3009953 Box 111 of 184 (former employee)
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Blank 52 Filed: 5/15/1998, Entered: 5/18/1998 Court Trial - Begun
RECORD OF ORDER by Honorable Robert E. Jones GRANTING Defendants Fish & Wildlife Services MOTION TO EXTEND TIME TO 4/8/98 TO FILE REPLY & MEMORANDUM IN SUPPORT OF MOTION FOR ATTORNEY FEES [40-1] [45-1]. ORDER GRANTING Plaintiff's MOTION TO EXTEND TIME TO 4/30/98 TO FILE REPLY IN SUPPORT OF THEIR MOTION FOR ATTORNEY FEES [40-1] [47-1] (counsel notified) Court Rptr none (former employee)
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Blank 51 Filed: 5/14/1998, Entered: 5/14/1998, Terminated: 5/14/1998 Order
OPINION AND ORDER DENYING Plaintiff's MOTION FOR ATTORNEY FEES [40-1] as Plaintiffs were not prevailing parties for attorney fee purposes. Signed 5/14/98 by Honorable Robert E. Jones microfilmed & eod 5/14/98 (counsel notified) (former employee)
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Blank 50 Filed: 5/5/1998, Entered: 5/5/1998 Certificate Of Service.
AMENDED CERTIFICATE OF SERVICE of MOTION reply [49-1] by Friends of Wild Swan (former employee)
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Blank 49 Filed: 4/30/1998, Entered: 4/30/1998 reply to motion
REPLY IN SUPPORT by Plaintiff re [40-1] MOTION FOR ATTORNEY FEES (former employee)
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Blank 48 Filed: 4/17/1998, Entered: 4/17/1998 Affidavit
AFFIDAVIT by Plaintiff of Gary K Kahn re: MOTION TO EXTEND TIME TO 4/30/98 TO FILE REPLY IN SUPPORT OF THEIR MOTION FOR ATTORNEY FEES [40-1] [47-1] (former employee)
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Blank 47 Filed: 4/17/1998, Entered: 4/17/1998, Terminated: 5/14/1998 Motion for Extension of Time
MOTION by Plaintiffs TO EXTEND TIME TO 4/30/98 TO FILE REPLY IN SUPPORT OF THEIR MOTION FOR ATTORNEY FEES [40-1] (former employee)
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Blank 46 Filed: 4/8/1998, Entered: 4/8/1998 Response to Motion
RESPONSE by Federal Defendants to Plaintiff's MOTION FOR ATTORNEY FEES [40-1] (former employee)
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Blank 45 Filed: 3/16/1998, Entered: 3/16/1998, Terminated: 5/14/1998 Motion for Extension of Time
MOTION by Defendants' Fish & Wildlife Svc, Michael J Spear TO EXTEND TIME TO 4/8/98 TO FILE REPLY & MEMORANDUM IN SUPPORT OF MOTION FOR ATTORNEY FEES [40-1] (former employee)
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Blank 44 Filed: 3/16/1998, Entered: 3/16/1998 Notice of Attorney Appearance - Defendant
APPEARANCE OF ATTORNEY for Fish & Wildlife Svc, Michael J Spear by Jane P Davenport (former employee)
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Blank 43 Filed: 3/2/1998, Entered: 3/4/1998 Court Trial - Begun
RECORD OF ORDER by Honorable Robert E. Jones SETTING Plaintiff's MOTION FOR ATTORNEY FEES [40-1] on not for oral argument calendar of 4/9/98 (counsel notified) Court Rptr none (former employee)
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Blank 42 Filed: 2/27/1998, Entered: 2/27/1998 Affidavit
AFFIDAVIT by Plaintiff of Gary K Kahn re: MOTION FOR ATTORNEY FEES [40-1] (former employee)
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Blank 41 Filed: 2/27/1998, Entered: 2/27/1998 Declaration
DECLARATION by Plaintiff of Jack R Tuholske re MOTION FOR ATTORNEY FEES [40-1] (former employee)
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Blank 40 Filed: 2/27/1998, Entered: 2/27/1998, Terminated: 5/14/1998 Motion for Attorney Fees
MOTION by Plaintiff Friends of Wild Swan FOR ATTORNEY FEES (former employee)
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Blank 39 Filed: 2/26/1998, Entered: 2/27/1998 Court Trial - Begun
RECORD OF ORDER by Honorable Robert E. Jones GRANTING Plaintiff's MOTION TO EXTEND TIME TO 2/27/98 TO FILE THEIR ATTORNEY FEE PETITION [32-2] [38-1] (counsel notified) Court Rptr none (former employee)
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Blank 38 Filed: 2/23/1998, Entered: 2/23/1998, Terminated: 2/26/1998 Motion for Extension of Time
MOTION by Plaintiffs TO EXTEND TIME TO 2/27/98 TO FILE THEIR ATTORNEY FEE PETITION [32-2] (former employee)
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Blank 37 Filed: 2/17/1998, Entered: 2/19/1998 Court Trial - Begun
RECORD OF ORDER by Honorable Robert E. Jones GRANTING Plaintiff's MOTION TO EXTEND TIME TO 2/23/98 TO FILE A PETITION FOR ATTORNEY FEES [32-2] [35-1] (counsel notified) Court Rptr none (former employee)
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Blank 36 Filed: 1/22/1998, Entered: 1/23/1998 Affidavit
AFFIDAVIT by Plaintiff of Gary L Kahn re: MOTION TO EXTEND TIME TO 2/23/98 TO FILE A PETITION FOR ATTORNEY FEES [32-2] [35-1] (former employee)
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Blank 35 Filed: 1/22/1998, Entered: 1/23/1998 Motion for Extension of Time
MOTION by Plaintiffs' TO EXTEND TIME TO 2/23/98 TO FILE A PETITION FOR ATTORNEY FEES [32-2] (former employee)
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Blank 34 Filed: 12/24/1997, Entered: 12/29/1997 Court Trial - Begun
RECORD OF ORDER by Honorable Robert E. Jones GRANTING Plaintiffs' MOTION TO EXTEND TIME TO 1/23/98 TO FILE THEIR PETITION FOR ATTORNEY FEES [32-2] [33-1] (counsel notified) Court Rptr none (former employee)
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Blank 33 Filed: 12/22/1997, Entered: 12/23/1997 Motion for Extension of Time
MOTION by Plaintiffs' TO EXTEND TIME TO 1/23/98 TO FILE THEIR PETITION FOR ATTORNEY FEES [32-2] (former employee)
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Blank 32 Filed: 12/11/1997, Entered: 12/11/1997, Terminated: 12/11/1997 Order
JUDGMENT: ORDERED & ADJUDGED this action is DISMISSED Any pending motions are denied as moot. Signed 12/10/97 (microfilmed 12/11/97) Honorable Robert E. Jones (counsel notified) (Kirk)
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Blank 31 Filed: 12/10/1997, Entered: 12/11/1997 Order
OPINION AND ORDER: GRANTING MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION [11-1],the issue has become moot; DENYING Plaintiffs MOTION TO DISMISS FOR IMPROPER VENUE [9-1]; Plaintiffs may refile their case if USFWS unreasonably delays its conferencing report. (See formal 20-page Opinion & Order) Signed 12/10/97 by Honorable Robert E. Jones (microfilmed 12/10/97) (counsel notified) (Kirk)
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Blank 30 Filed: 12/10/1997, Entered: 12/11/1997 Court Trial - Begun
RECORD OF ORDER by Honorable Robert E. Jones: Upon receipt of defendants affidavit the court did not feel that oral argument was necessary to resolve the pending motion. FINDING the MOTION FOR STATUS CONFERENCE [29-1] MOOT (see formal minute entry)(counsel notified) (Kirk)
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Blank 29 Filed: 12/8/1997, Entered: 12/9/1997 Motion for Hearing
MOTION by Plaintiffs' FOR STATUS CONFERENCE (former employee)
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Blank 28 Filed: 11/21/1997, Entered: 11/24/1997 Certificate Of Service.
CERTIFICATE OF SERVICE of report documents [27-1] by Federal Defendants (former employee)
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Blank 27 Filed: 11/21/1997, Entered: 11/24/1997 Report
FEDERAL DEFENDANTS PROGRESS REPORT (former employee)
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Blank 26 Filed: 11/3/1997, Entered: 11/5/1997 Motion Hearing
RECORD OF PROCEEDINGS before Honorable Robert E. Jones Defendant's MOTION [11] to DISMISS & MOTION [9 to DISMISS or TRANSFER [9-2] are held in ABEYANCE until 11/24/97. Before 11/24/97 Defendant must demonstrate that actual conferencing is occuring, either through an affidavit or through a progress report submitted to this Court. SETTING Defendants MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION [11-1]; MOTION TO DISMISS FOR IMPROPER VENUE [9-1] & MOTION TO TRANSFER CASE [9-2] on oral argument calendar of 10:00 11/24/97 (counsel notified) Court Rptr Kathy Eismann (former employee)
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Blank 25 Filed: 10/31/1997, Entered: 10/31/1997, Terminated: 12/11/1997 Motion for Leave
MOTION by Plaintiffs' FOR LEAVE TO FILE SUPPLEMENTAL EXHIBIT/AUTHORITY IN OPPOSITION TO THE USFS MOTION TO DISMISS (former employee)
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Blank 24 Filed: 10/17/1997, Entered: 10/20/1997 reply to motion
REPLY by Defendant in Support of DISMISSAL ON GROUNDS OF MOOTNESS [11-1] (ljl)
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Blank 23 Filed: 9/30/1997, Entered: 9/30/1997 Affidavit
AFFIDAVIT by Plaintiff of Mike Bader (former employee)
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Blank 22 Filed: 9/30/1997, Entered: 9/30/1997 Memorandum in Opposition
MEMORANDUM by Plaintiff IN OPPOSITION to Defendants' MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION [11-1], MOTION TO DISMISS FOR IMPROPER VENUE [9-1], MOTION TO TRANSFER CASE [9-2] (former employee)
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Blank 21 Filed: 9/24/1997, Entered: 9/26/1997 Court Trial - Begun
RECORD OF ORDER by Honorable Robert E. Jones GRANTING stipulated MOTION TO EXTEND TIME TO 9/30/97 TO FILE RESPONSE TO DEFENDANTS' MOTIONS TO DISMISS [11-1], [9-1] [20-1] (counsel notified) Court Rptr none (former employee)
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Blank 20 Filed: 9/24/1997, Entered: 9/24/1997, Terminated: 9/24/1997 Motion for Extension of Time
STIPULATED MOTION by Plaintiffs TO EXTEND TIME TO 9/30/97 TO FILE RESPONSE TO DEFENDANTS' MOTIONS TO DISMISS [11-1], [9-1] (former employee)
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Blank 19 Filed: 9/15/1997, Entered: 9/15/1997, Terminated: 9/15/1997 Order
ORDER by Honorable Robert E. Jones WITHDRAWING Plaintiff's MOTION FOR PRELIMINARY MANDATORY INJUNCTION [3-1]. GRANTING stipulated MOTION TO POSTPONE HEARING SET FOR 9/16/97 & ESTABLISH BRIEFING SCHEDULE [18-1]. Plaintiffs response to Defendants' MOTIONS to DISMISS shall be filed by 9/29/97 & Defendants' reply shall be due by 10/20/97. ORDER RESETTING Defendants' MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION [11-1] & MOTION TO DISMISS FOR IMPROPER VENUE [9-1] to the oral argument calendar of 10:00 11/3/97 Signed 9/15/97 (counsel notified) (former employee)
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Blank 18 Filed: 9/11/1997, Entered: 9/11/1997, Terminated: 9/15/1997 Motion to Continue
MOTION by Plaintiffs TO POSTPONE HEARING SET FOR 9/16/97 & ESTABLISH BRIEFING SCHEDULE (former employee)
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Blank 17 Filed: 9/10/1997, Entered: 9/10/1997 Case Reassignment NoticeCourt Filing
NOTICE OF CASE REASSIGNMENT from Judge Janice M. Stewart to Honorable Robert E. Jones (counsel notified) (ljl)
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Blank 16 Filed: 9/5/1997, Entered: 9/9/1997 Order
RECORD OF ORDER before Honorable Robert E. Jones reassign hrg to Honorable Robert E. Jones SETTING Defendants MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION [11-1] ; MOTION TO DISMISS FOR IMPROPER VENUE [9-1] & MOTION TO TRANSFER CASE [9-2] on oral argument calendar of 10:30 9/16/97 (counsel notified) Court Rptr none (former employee)
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Blank 14 Filed: 9/4/1997, Entered: 9/5/1997 Certificate Of Service.
CERTIFICATE OF SERVICE of declaration [13-1], memorandum [12-1], MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION [11-1], memorandum [10-1], MOTION TO DISMISS FOR IMPROPER VENUE [9-1], MOTION TO TRANSFER CASE [9-2], (proposed) order Dismissing Complaint for Lack of Subject Matter Jurisdiction, (proposed order Dismissing Complaint for Improper Venue, & (proposed order Transferring Case to District of Idaho) by Defendant (ljl)
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Blank 13 Filed: 9/4/1997, Entered: 9/5/1997 Declaration
DECLARATION by Defendants of Robert Ruesink (ljl)
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Blank 12 Filed: 9/4/1997, Entered: 9/5/1997 Memorandum in Support
MEMORANDUM IN SUPPORT by Defendant of MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION [11-1], & in Opposition to MOTION FOR PRELIMINARY MANDATORY INJUNCTION [3-1] (ljl)
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Blank 11 Filed: 9/4/1997, Entered: 9/5/1997, Terminated: 9/24/1997 Motion to Dismiss
MOTION by Defendants TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION (ljl)
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Blank 10 Filed: 9/4/1997, Entered: 9/5/1997 Memorandum in Support
MEMORANDUM IN SUPPORT by Defendants of MOTION TO DISMISS FOR IMPROPER VENUE [9-1], of MOTION TO TRANSFER CASE [9-2] (ljl)
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Blank 9 Filed: 9/4/1997, Entered: 9/5/1997 Motion to Dismiss
MOTION by Defendants TO DISMISS FOR IMPROPER VENUE , or in the alternative TO TRANSFER CASE (ljl)
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Blank 15 Filed: 9/3/1997, Entered: 9/5/1997 Court Trial - Begun
RECORD OF ORDER by Honorable Robert E. Jones SETTING Plaintiff's MOTION FOR PRELIMINARY MANDATORY INJUNCTION [3-1] on oral argument calendar of 10:30 am on 9/16/97 (counsel notified) (kw)
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Blank 8 Filed: 9/2/1997, Entered: 9/2/1997 Return of Service Executed
RETURN OF SERVICE EXECUTED upon Defendant Michael J Spear on 8/25/97 Federal defendant answer due 10/24/97 (ljl)
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Blank 7 Filed: 9/2/1997, Entered: 9/2/1997 Return of Service Executed
RETURN OF SERVICE EXECUTED upon Defendant Fish & Wildlife Svc on 8/25/97 Federal defendant answer due 10/24/97 (ljl)
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Blank 6 Filed: 8/22/1997, Entered: 8/25/1997 Summons Issued
SUMMONS ISSUED as to Defendant Michael J Spear (ljl)
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Blank 5 Filed: 8/22/1997, Entered: 8/25/1997 Summons Issued
SUMMONS ISSUED as to Defendant Fish & Wildlife Service (ljl)
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Blank 4 Filed: 8/22/1997, Entered: 8/25/1997 Memorandum in Support
MEMORANDUM IN SUPPORT by Plaintiffs of MOTION FOR PRELIMINARY MANDATORY INJUNCTION [3-1] (ljl)
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Blank 3 Filed: 8/22/1997, Entered: 8/25/1997, Terminated: 9/15/1997 Motion for Preliminary Injunction
MOTION by Plaintiff FOR PRELIMINARY MANDATORY INJUNCTION Expedited Consideration/Oral Argument Requested (ljl)
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Blank 2 Filed: 8/22/1997, Entered: 8/25/1997 Discovery Order
ORDER Discovery Schedule discovery ddl set for 12/22/97 pretrial order deadline set for 1/20/98 (ljl)
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Blank 1 Filed: 8/22/1997, Entered: 8/25/1997 Complaint
COMPLAINT - Mandatory Injuctioni -Endangered Species Act Manatory Injunction (Cause Code: 16:1531 ) (Receipt # 167134) (ljl)
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