American Bird Consv, et al v. FCC
Federal Civil Lawsuit Hawaii District Court, Case No. 1:05-cv-00461
District Judge DAVID ALAN EZRA, presiding

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No Logo American Bird Conservancy, Plaintiff

Toggle Switch Represented by Belin & Sugarman

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Alletta d'Andelot Belin +1 505 983 8936 +1 505 983 0036 belin@bs-law.com

Toggle Switch Represented by EARTHJUSTICE

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Paul Henry Achitoff +1 808 599 2436 +5216 521 521 6841 achitoff@earthjustice.org
No Logo Conservation Council for Hawai'i, Plaintiff

Toggle Switch Represented by Belin & Sugarman

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Alletta d'Andelot Belin +1 505 983 8936 +1 505 983 0036 belin@bs-law.com

Toggle Switch Represented by EARTHJUSTICE

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Paul Henry Achitoff +1 808 599 2436 +5216 521 521 6841 achitoff@earthjustice.org
No Logo Forest Conservation Council, Plaintiff

Toggle Switch Represented by Belin & Sugarman

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Alletta d'Andelot Belin +1 505 983 8936 +1 505 983 0036 belin@bs-law.com

Toggle Switch Represented by EARTHJUSTICE

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Paul Henry Achitoff +1 808 599 2436 +5216 521 521 6841 achitoff@earthjustice.org
v.
Federal Communications Commission Federal Communications Commission, Defendant

Toggle Switch Represented by Federal Communications Commission

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Joel Marcus +1 202 418 1740

Toggle Switch Represented by Pepper Hamilton, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Susan L. Launer +1 202 220 1200

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Seth M Barsky +1 202 305 0223 +1 202 305 0275 seth.barsky@usdoj.gov
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kristen Byrnes Floom +1 202 305 0340 +1 202 305 0275 Kristen.Floom@usdoj.gov
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Thomas A. Helper +5412 541 541 2850 Tom.Helper@usdoj.gov
Citation Section 16 U.S.C. § 1538
Nature of Suit 893 - Environmental Matters
  Entries (29) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 33 Filed: 2/17/2009, Entered: None
Appeal Record Returned 9CCA. (afc) (Entered: 02/19/2009)
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    Legal Document (Payment Possibly Required) 32 Filed: 12/1/2008, Entered: None
    MANDATE of USCA as to 19 Notice of Appeal filed by Conservation Council for Hawai'i, American Bird Conservancy - "The judgment of this Court, entered 10/06/2008, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure." (afc) (Entered: 12/01/2008)
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      Legal Document (Payment Possibly Required) 31 Filed: 10/6/2008, Entered: None
      OPINION MANDATE of USCA as to 19 Notice of Appeal filed by Conservation Council for Hawai'i, American Bird Conservancy: "Accordingly, the district court's judgment dismissing American Bird's action for lack of subject matter jurisdiction is AFFIRMED." (bbb, ) Modified on 12/1/2008 (afc). (Entered: 10/06/2008)
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        Legal Document (Payment Possibly Required) 28 Filed: 9/17/2007, Entered: None
        Certified and Transmitted Record on Appeal to US Court of Appeals re 19 Notice of Appeal (lmg, ) (Entered: 09/17/2007)
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          Legal Document (Payment Possibly Required) 27 Filed: 10/30/2006, Entered: None
          UNCERTIFIED COPY ORDER of USCA - appellee's 2nd motion for extension of time to file answering brief is granted. re 19 Notice of Appeal. (afc) (Entered: 10/31/2006)
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            Legal Document (Payment Possibly Required) 26 Filed: 3/23/2006, Entered: None
            Appeal Remark re 19 Notice of Appeal: CERTIFICATE OF RECORD issued (afc) (Entered: 03/23/2006)
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              Legal Document (Payment Possibly Required) 25 Filed: 3/22/2006, Entered: None Court Filing
              TRANSCRIPT of Proceedings (DEFENDANT FEDERAL COMMUNICATIONS COMMISSION'S MOTION TO DISMISS) held on 12/5/05 before Judge David Alan Ezra. Court Reporter: Cynthia Fazio. (cf@hid.uscourts.gov) CF (Entered: 03/22/2006)
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                Legal Document (Payment Possibly Required) 24 Filed: 3/16/2006, Entered: None
                USCA Case Number 06-15429; Time Schedule Order for 19 Notice of Appeal filed by Conservation Council for Hawai'i; American Bird Conservancy. (afc) (Entered: 03/19/2006)
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                  Legal Document (Payment Possibly Required) 21 Filed: 3/1/2006, Entered: None Court Filing
                  TRANSCRIPT Designation and ordering form - by plaintiffs American Bird Conservancy, Conservation Council for Hawai'i - for proceedings held on December 5, 2005 before Judge David A. Ezra (Ct Rptr: Cynthia Fazio) re 19 Notice of Appeal (afc) (Entered: 03/04/2006)
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                    Legal Document (Payment Possibly Required) 20 Filed: 3/1/2006, Entered: None
                    USCA Appeal Fees received $ 255 receipt number 234059 re 19 Notice of Appeal filed by Conservation Council for Hawai'i, American Bird Conservancy, (afc) (Entered: 03/04/2006)
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                      Legal Document (Payment Possibly Required) 19 Filed: 3/1/2006, Entered: None
                      NOTICE OF APPEAL as to 18 Judgment by plaintiffs. Filing fee $ 255. (afc) (Entered: 03/04/2006)
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                        Legal Document (Payment Possibly Required) 18 Filed: 1/5/2006, Entered: None
                        JUDGMENT IN A CIVIL CASE (afc) (Entered: 01/05/2006)
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                          Legal Document (Payment Possibly Required) 17 Filed: 1/5/2006, Entered: None Court Filing
                          ORDER granting 6 Defendant's Motion to Dismiss . Signed by Judge DAVID ALAN EZRA on 1/4/06. (eps ) (Entered: 01/05/2006)
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                            Legal Document (Payment Possibly Required) 16 Filed: 12/5/2005, Entered: None Court Filing
                            Minute Entry# for proceedings held before Judge #DAVID ALAN EZRA : Motion Hearing held on 12/5/2005 re 6 Motion to Dismiss filed by Federal Communications Commission,. Oral arguments heard. Defendant Federal Communications Commission's Motion to Dismiss taken under advisement. Court to issue order. (Court Reporter Cynthia Fazio.) (gab, ) (Entered: 12/12/2005)
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                              Legal Document (Payment Possibly Required) 15 Filed: 11/23/2005, Entered: None
                              REPLY MEMORANDUM by defendant FCC in support of its motion to dismiss pursuant to FRCP 12(b)(1) [6-1]; table of contents; table of authorities; certificate of compliance; certificate of service (afc) (Entered: 11/25/2005)
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                                Legal Document (Payment Possibly Required) 14 Filed: 11/22/2005, Entered: None
                                SUBMISSION by plaintiffs of original signature page of John Talberth; exhibit 1; certificate of service [13-1] (afc) (Entered: 11/25/2005)
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                                  Legal Document (Payment Possibly Required) 13 Filed: 11/17/2005, Entered: None
                                  MEMORANDUM by plaintiffs in opposition to defendant's motion to dismiss pursuant to FRCP 12(b)(1) [6-1]; declaration of John Talbert; exhibits 1-5; certificate of service (gab) (Entered: 11/17/2005)
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                                    Legal Document (Payment Possibly Required) 12 Filed: 10/24/2005, Entered: None Court Filing
                                    EP: Rule 16 Scheduling Conference held. Kristen Byrnes Floom participated by phone. Hearing Regarding Administrative Record set for 9:00 5/1/06 before Judge David Alan Ezra. Opening Brief due 3/6/06. Opposition Brief due 4/3/06. Reply Brief due 4/17/06. cc: all counsel. [1-1] 9:00 5/1/06 (Ct Rptr: C7-No Record) JUDGE Mag Judge Leslie E. Kobayashi (afc) (Entered: 10/26/2005)
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                                      Legal Document (Payment Possibly Required) 11 Filed: 10/17/2005, Entered: None
                                      SCHEDULING CONFERENCE STATEMENT; certificate of service - by defendant FCC (afc) (Entered: 10/22/2005)
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                                        Legal Document (Payment Possibly Required) 10 Filed: 10/14/2005, Entered: None
                                        JOINT RULE 26(f) REPORT; certificate of service - filed by plaintiffs (afc) (Entered: 10/17/2005)
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                                          Legal Document (Payment Possibly Required) 9 Filed: 10/11/2005, Entered: None
                                          SCHEDULING CONFERENCE STATEMENT; certificate of service - by plaintiffs (afc) (Entered: 10/16/2005)
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                                            Legal Document (Payment Possibly Required) 8 Filed: 9/29/2005, Entered: None Court Filing
                                            STIPULATION to continue hearing on defendant's motion to dismiss [6-1]; ORDER - by Judge David A. Ezra - filed by plaintiffs [M/Dismiss continued to 9:45 12/5/05; pltfs' brief in opposition: 11/17/05; defts' reply brief: 11/23/05] (afc) (Entered: 10/01/2005)
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                                              Legal Document (Payment Possibly Required) 7 Filed: 9/27/2005, Entered: None
                                              MEMORANDUM by defendant FCC in support of its motion to dismiss pursuant to FRCP 12(b)(1) [6-1] [exhibits 1-8; certificate of service] (afc) (Entered: 09/30/2005)
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                                                Legal Document (Payment Possibly Required) 6 Filed: 9/27/2005, Entered: None Court Filing
                                                MOTION by defendant FCC to dismiss pursuant to FRCP 12(b)(1) - set for 9:45 11/14/05 before Judge David A. Ezra (afc) (Entered: 09/30/2005)
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                                                  Legal Document (Payment Possibly Required) 5 Filed: 8/23/2005, Entered: None
                                                  DECLARATION OF SERVICE; exhibit A - filed by plaintiffs - service of complaint, summons, etc. executed via certified mail 07/26/05 upon defendant FCC; RRR: 08/01/05 AND upon Alberto R. Gonzales, U.S. Attorney General; RRR: 08/12/05 (afc) (Entered: 08/25/2005)
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                                                    Legal Document (Payment Possibly Required) 4 Filed: 7/27/2005, Entered: None Court Filing
                                                    APPLICATION by plaintiffs for admission pro hac vice of Alletta Belin t; declaraiton of Paul H. Achitoff; declaration of Alletta Belin; ORDER by Mag Judge Leslie E. Kobayashi granting applicaiton; certificate of service [local/co-counsel: Paul H. Achitoff/Earthjustice] (afc) (Entered: 07/30/2005)
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                                                      Legal Document (Payment Possibly Required) 3 Filed: 7/26/2005, Entered: None
                                                      RETURN OF SERVICE - service of complaint and summons executed upon Edward H. Kubo, Jr., United States Attorney - Hawaii; date of service: 7/26/05 (afc) (Entered: 07/30/2005)
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                                                        Sealed Legal Document 2 Filed: 7/26/2005, Entered: None Court Filing
                                                        ORDER by Judge David A. Ezra rule 16 scheduling conference set for 9:00 10/24/05 before Mag Judge Leslie E. Kobayashi (sealed) (Entered: 07/27/2005)
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                                                          Sealed Legal Document 1 Filed: 7/26/2005, Entered: None
                                                          COMPLAINT for declaratory and injunctive relief; summons (Summons issued) (sealed) (Entered: 07/27/2005)
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