Case details

Court: dcd
Docket #: 1:11-cv-00660
Case Name: FLAHERTY et al v. LOCKE et al
PACER case #: 147437
Date filed: 2011-04-01
Assigned to: Judge Gladys Kessler
Case Cause: 42:4321 Review of Agency Action-Environment
Nature of Suit: 893 Environmental Matters
Jury Demand: None
Jurisdiction: U.S. Government Defendant

Parties

Represented Party Attorney & Contact Info
MICHAEL S. FLAHERTY
Plaintiff
Erica A. Fuller
EARTHJUSTICE 3 Jutland Way Ipswich, MA 01938 (508) 400-9080 Fax: (978) 356-4674 Email: efuller@earthjustice.org
PRO HAC VICE ATTORNEY TO BE NOTICED

Roger M. Fleming
EARTHJUSTICE 1625 Massachusetts Avenue, NW Suite 702 Washington, DC 20036 (202) 667-4500 Fax: (202) 667-2356 Email: rfleming@earthjustice.org
ATTORNEY TO BE NOTICED

Stephen Elston Roady
EARTHJUSTICE 1625 Massachusetts Avenue, NW Suite 702 Washington, DC 20036-2243 (202) 667-4500 ext 5233 Fax: (202) 667-2356 Email: sroady@earthjustice.org
TERMINATED: 07/01/2016

ALAN A. HASTBACKA
Plaintiff
Captain
Erica A. Fuller
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Roger M. Fleming
(See above for address)
ATTORNEY TO BE NOTICED

Stephen Elston Roady
(See above for address)
TERMINATED: 07/01/2016

OCEAN RIVER INSTITUTE
Plaintiff
Erica A. Fuller
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Roger M. Fleming
(See above for address)
ATTORNEY TO BE NOTICED

Stephen Elston Roady
(See above for address)
TERMINATED: 07/01/2016

GARY LOCKE
Defendant
In his official capacity as Secretary of the Department of Commerce TERMINATED: 12/27/2013
Kristen Byrnes Floom
U.S. DEPARTMENT OF JUSTICE Environment and Natural Resources Division P.O. Box 7611 Washington, DC 20044-7611 (202) 305-0340 Fax: (202) 305-0275 Email: kristen.floom@usdoj.gov
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rachel K. Roberts
U.S. DEPARTMENT OF JUSTICE 7600 Sand Point Way NE Seattle, WA 98115 (206) 526-6881 Fax: (206) 526-6665 Email: rachel.roberts@usdoj.gov
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Guillermo A. Montero
U.S. DEPARTMENT OF JUSTICE Environmental and Natural Resources Division 601 D Street NW Suite 3128 (202) 305-0443 Fax: (202) 305-0274 Email: guillermo.montero@usdoj.gov
TERMINATED: 07/08/2013

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Defendant
United States Department of Commerce
Kristen Byrnes Floom
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rachel K. Roberts
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Guillermo A. Montero
(See above for address)
TERMINATED: 07/08/2013

NATIONAL MARINE FISHERIES SERVICE
Defendant
United States Department of Commerce
Kristen Byrnes Floom
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rachel K. Roberts
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Guillermo A. Montero
(See above for address)
TERMINATED: 07/08/2013

PENNY SUE PRITZKER
Defendant
in her official capacity as Secretary of the Department of Commerce
Kristen Byrnes Floom
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rachel K. Roberts
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

NEW ENGLAND FISHERY MANAGMENT COUNCIL
Defendant
Rachel K. Roberts
(See above for address)
ATTORNEY TO BE NOTICED

THOMAS NIES
Defendant
Rachel K. Roberts
(See above for address)
ATTORNEY TO BE NOTICED

SUSTAINABLE FISHERIES COALITION
Intervenor Defendant
Shaun Michael Gehan
LAW OFFICE OF SHAUN M. GEHAN, PLLC 3050 K Street, NW Suite 400 Washington, DC 20007 (202) 342-8469 Fax: (202) 342-8451 Email: sgehan@gehanlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-04-01 1 0 COMPLAINT against GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ( Filing fee $ 350, receipt number 4616037678) filed by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE. (Attachments: # 1 Civil Cover Sheet)(dr) (Entered: 04/04/2011)
2011-04-01 2 0 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE identifying Corporate Parent NONE for ALAN A. HASTBACKA, MICHAEL S. FLAHERTY, OCEAN RIVER INSTITUTE. (dr) (Entered: 04/04/2011)
2011-04-18 3 0 NOTICE of Appearance by Kristen Byrnes Floom on behalf of GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Floom, Kristen) (Entered: 04/18/2011)
2011-04-18 4 0 NOTICE OF RELATED CASE by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. Case related to Case No. 10-1580. (Attachments: # 1 Errata One)(Floom, Kristen) (Entered: 04/18/2011)
2011-04-20 5 0 ORDER: The Parties shall file a statement of their positions regarding the relatedness of this case to Case No. 10-1580 (RJL) no later than May 15, 2011. Signed by Judge Gladys Kessler on 4/20/11. (CL, ) (Entered: 04/20/2011)
2011-04-20 6 0 NOTICE re 5 Order; Statement of Position on Related Cases by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Floom, Kristen) Modified on 4/21/2011 to create relationship and add link (dr). (Entered: 04/20/2011)
2011-05-10 7 0 NOTICE of Appearance by Rachel K. Bowen on behalf of All Defendants (Bowen, Rachel) (Entered: 05/10/2011)
2011-05-11 8 0 Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, and Administrative Record by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Floom, Kristen) (Entered: 05/11/2011)
2011-05-13 9 0 NOTICE Statement of Position on Notice of Potentially Related Cases by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE (Roady, Stephen) (Entered: 05/13/2011)
2011-06-27 10 0 NOTICE of Filing Administrative Record by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Attachments: # 1 Exhibit One, # 2 Exhibit Two, # 3 Exhibit Three)(Floom, Kristen) (Entered: 06/27/2011)
2011-06-27 11 0 ANSWER to 1 Complaint, by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.(Floom, Kristen) (Entered: 06/27/2011)
2011-06-27 12 0 ORDER setting an Initial Scheduling Conference for July 25, 2011, at 10:15 a.m. Signed by Judge Gladys Kessler on 6/27/11. (CL, ) (Entered: 06/27/2011)
2011-07-19 13 0 MEET AND CONFER STATEMENT. (Roady, Stephen) (Entered: 07/19/2011)
2011-07-27 14 0 ORDER: The Court has concluded that this case is not related to Civil Action No. 10-1580 and, therefore, this case shall proceed as follows: Plaintiffs' Motion for Summary Judgment is due September 9, 2011, Defendants' Opposition and Cross-Motion are due October 7, 2011, Plaintiffs' Reply and Opposition to Cross-Motion are due October 28, 2011, and Defendants' Reply in Support of Cross Motion is due November 18, 2011 (please see Order for other details). Signed by Judge Gladys Kessler on 7/27/11. (CL, ) (Entered: 07/27/2011)
2011-09-01 15 0 ADMINISTRATIVE RECORD Supplemental Administrative Record by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Exhibit One, # 2 Exhibit Two, # 3 Exhibit Three)(Floom, Kristen) (Entered: 09/01/2011)
2011-09-02 16 0 ADMINISTRATIVE RECORD Second Supplemental Administrative Record by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Exhibit One, # 2 Exhibit Two)(Floom, Kristen) (Entered: 09/02/2011)
2011-09-09 17 0 MOTION for Summary Judgment by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE (Attachments: # 1 Memorandum in Support, # 2 Exhibit Declarations)(Roady, Stephen) (Entered: 09/09/2011)
2011-10-07 18 0 Memorandum in opposition to re 17 MOTION for Summary Judgment filed by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Floom, Kristen) (Entered: 10/07/2011)
2011-10-07 19 0 Cross MOTION for Summary Judgment by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Attachments: # 1 Memorandum in Support, # 2 Exhibit One, # 3 Exhibit Two, # 4 Text of Proposed Order)(Floom, Kristen) (Entered: 10/07/2011)
2011-10-28 20 0 REPLY to opposition to motion re 17 MOTION for Summary Judgment And In Opposition to Defendants' Motion for Summary Judgment filed by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE. (Roady, Stephen) (Entered: 10/28/2011)
2011-10-28 21 0 Memorandum in opposition to re 19 Cross MOTION for Summary Judgment filed by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE. (See Docket Entry 20 to view document) (dr) (Entered: 10/31/2011)
2011-11-18 22 0 REPLY to opposition to motion re 19 Cross MOTION for Summary Judgment filed by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Exhibit One, # 2 Exhibit Two, # 3 Exhibit Three, # 4 Exhibit Four)(Floom, Kristen) (Entered: 11/18/2011)
2011-12-14 23 0 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Roger M. Fleming, :Firm- Earthjustice, :Address- 1042 Peabody Road, Appleton, ME 04862. Phone No. - 978-846-0612. Fax No. - 207-785-2231 by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Roady, Stephen) (Entered: 12/14/2011)
2011-12-14 24 0 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Erica A. Fuller, :Firm- Earthjustice, :Address- 101 Northridge Rd., Ipswich, MA 01938. Phone No. - 508-400-9080. Fax No. - 207-785-2231 by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Roady, Stephen) (Entered: 12/14/2011)
2011-12-23 25 0 NOTICE OF SUPPLEMENTAL AUTHORITY by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Attachments: # 1 Exhibit One)(Floom, Kristen) (Entered: 12/23/2011)
2012-01-04 26 0 ORDER that the parties may file a supplemental response, of no more than five pages, to arguments raised at the Motions Hearing no later than January 11, 2012. Signed by Judge Gladys Kessler on 1/4/2012. (CL, ) (Entered: 01/04/2012)
2012-01-11 27 0 SUPPLEMENTAL MEMORANDUM to in Response to Court's January 4, 2012 Order filed by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Floom, Kristen) (Entered: 01/11/2012)
2012-01-11 28 0 SUPPLEMENTAL MEMORANDUM to re 26 Order filed by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE. (Roady, Stephen) (Entered: 01/11/2012)
2012-01-19 29 0 NOTICE OF SUPPLEMENTAL AUTHORITY by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE (Attachments: # 1 Exhibit A)(Roady, Stephen) (Entered: 01/19/2012)
2012-03-09 30 0 ORDER granting in part and denying in part 17 Plaintiffs' Motion for Summary Judgment; and granting in part and denying in part 19 Defendants' Motion for Summary Judgment; the parties shall file briefs regarding the appropriate remedy for the violations discussed in the accompanying Memorandum Opinion by March 26, 2012. Signed by Judge Gladys Kessler on 3/8/12. (CL, ) (Entered: 03/09/2012)
2012-03-09 31 0 MEMORANDUM OPINION to the Order granting in part and denying in part the Motions for Summary Judgment. Signed by Judge Gladys Kessler on 3/8/2012. (CL, ) (Entered: 03/09/2012) 2012-03-10 08:12:49 079857851ff154df79e07828e77faac2bafb82b3
2012-03-15 32 0 Joint MOTION for Extension of Time to File Supplemental Briefs by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, OCEAN RIVER INSTITUTE (Attachments: # 1 Text of Proposed Order)(Roady, Stephen) (Entered: 03/15/2012)
2012-04-20 33 0 Joint STATUS REPORT by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Floom, Kristen) (Entered: 04/20/2012)
2012-05-04 34 0 MEMORANDUM re Order by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Affidavit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Text of Proposed Order Proposed Order)(Bowen, Rachel) (Entered: 05/04/2012)
2012-05-04 35 0 SUPPLEMENTAL MEMORANDUM to Remedy filed by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Roady, Stephen) (Entered: 05/04/2012)
2012-07-17 36 0 Unopposed MOTION to Continue Hearing Set for July 27, 2012 by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Bowen, Rachel) (Entered: 07/17/2012)
2012-07-25 37 0 AFFIDAVIT re 34 Memorandum, on Remedy by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Bowen, Rachel) (Entered: 07/25/2012)
2012-07-26 38 0 ORDER that the parties may file supplemental briefs, of no more than five pages, to arguments raised at the Motion Hearing no later than July 31, 2012; the parties shall file revised proposed orders by July 31, 2012. Signed by Judge Gladys Kessler on 7/26/12. (CL, ) (Entered: 07/26/2012)
2012-07-31 39 0 SUPPLEMENTAL MEMORANDUM to Defendants' Supplemental Brief on Remedy filed by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Floom, Kristen) (Entered: 07/31/2012)
2012-07-31 40 0 SUPPLEMENTAL MEMORANDUM to re 35 Supplemental Memorandum on Remedy filed by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(Roady, Stephen) (Entered: 07/31/2012)
2012-08-02 41 0 REMEDIAL ORDER regarding the Motion for Summary Judgment of September 9, 2011 [Dkt. No. 17]. Signed by Judge Gladys Kessler on 8/2/12. (CL, ) (Entered: 08/02/2012)
2012-08-31 42 0 NOTICE of Filing Supplemental Explanation by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Attachments: # 1 Exhibit One, # 2 Exhibit Two)(Floom, Kristen) (Entered: 08/31/2012)
2012-09-25 43 0 RESPONSE re 42 Notice (Other) filed by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE. (Attachments: # 1 Exhibit 1)(Roady, Stephen) (Entered: 09/25/2012)
2012-10-31 44 0 Unopposed MOTION for Extension of Time to Address Attorneys' Fees and Costs by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE (Attachments: # 1 Text of Proposed Order)(Roady, Stephen) (Entered: 10/31/2012)
2012-11-29 45 0 Unopposed MOTION for Extension of Time to Address Attorneys' Fees and Costs by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE (Attachments: # 1 Text of Proposed Order)(Roady, Stephen) (Entered: 11/29/2012)
2013-01-29 46 0 MOTION for Attorney Fees And Costs by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE (Attachments: # 1 Memorandum in Support, # 2 Declaration of Roger M. Fleming, # 3 Declaration of Michael S. Flaherty, # 4 Declaration of Alan Hastbacka, # 5 Declaration of Dr. Rob Moir, # 6 Exhibit A, # 7 Exhibit B)(Roady, Stephen) (Entered: 01/29/2013)
2013-02-01 47 0 STATUS REPORT by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Affidavit)(Floom, Kristen) (Entered: 02/01/2013)
2013-02-08 48 0 Joint MOTION for Extension of Time to Complete Briefing on Plaintiffs' Motion for Attorneys' Fees and Costs by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Floom, Kristen) (Entered: 02/08/2013)
2013-04-03 49 0 Joint MOTION for Extension of Time to Complete Briefing on Plaintiffs' Fee Motion by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Floom, Kristen) (Entered: 04/03/2013)
2013-04-03 50 0 ORDER granting 49 the Second Joint Motion for Extension of Time for Briefing on Plaintiffs' Motion for Attorneys' Fees and Costs Under the Equal Access toJustice Act (see Order for details). Signed by Judge Gladys Kessler on 4/3/13. (CL, ) (Entered: 04/03/2013)
2013-05-06 51 0 STIPULATION and Proposed Order as to Attorneys' Fees and Costs by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Floom, Kristen) (Entered: 05/06/2013)
2013-05-06 52 0 STIPULATION AND ORDER AS TO ATTORNEYS' FEES AND COSTS (see Stipulation and Order for details). Signed by Judge Gladys Kessler on 5/6/13. (CL, ) (Entered: 05/06/2013)
2013-05-15 53 0 NOTICE OF SUBSTITUTION OF COUNSEL by Guillermo A. Montero on behalf of All Defendants Substituting for attorney Rachel Bowen (Montero, Guillermo) (Entered: 05/15/2013)
2013-07-08 54 0 NOTICE OF SUBSTITUTION OF COUNSEL by Rachel K. Bowen on behalf of All Defendants Substituting for attorney Guillermo Montero (Bowen, Rachel) (Entered: 07/08/2013)
2013-07-25 55 0 Unopposed MOTION for Extension of Time to Comply with Remedy Order by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Attachments: # 1 Declaration Declaration of John Bullard, # 2 Exhibit 2 Excerpt of Amendment 5, # 3 Text of Proposed Order Proposed Order Granting Extension, # 4 Text of Proposed Order Proposed Order Granting Temporary Stay)(Bowen, Rachel). Added MOTION to Stay on 7/26/2013 (znmw, ). (Entered: 07/25/2013)
2013-07-26 56 0 ORDER granting 55 Defendants' Motion for Extension of Time to Comply with the Court's August 2, 2012, Memorandum Order; the vacatur of Amendment 4 is stayed for a further 90 days from the date of this Order (see Order for further details). Signed by Judge Gladys Kessler on 7/25/13. (CL, ) (Main Document 56 replaced on 7/26/2013) (tth, ). (Entered: 07/26/2013)
2013-08-30 57 0 NOTICE of Name Change for Counsel of Record by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Roberts, Rachel) (Entered: 08/30/2013)
2013-10-02 58 0 Unopposed MOTION to Continue Stay of Vacatur of Amendment 4 and to Extend Time to File Remedy Report by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Roberts, Rachel) (Entered: 10/02/2013)
2013-11-04 59 0 MOTION for Leave to File Supplemental Complaint by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE (Attachments: # 1 Supplemental Complaint, # 2 Text of Proposed Order)(Roady, Stephen) (Entered: 11/04/2013)
2013-11-08 60 0 STATUS REPORT Final Report on Remedial Actions by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Affidavit Bullard Declaration, # 2 Exhibit A: Specifications FONSI, # 3 Exhibit B: Specifications EA, # 4 Exhibit C: Amendment 5 ROD, # 5 Exhibit D: 7.19.13 Letter, # 6 Exhibit E: 9.20.13 Letter, # 7 Exhibit F: Amendment 5 EIS, # 8 Exhibit G: Supplemental Explanation on Bycatch, # 9 Exhibit H: 8.29.13 Letter, # 10 Exhibit I: Fisheries of the United States, # 11 Exhibit J: Framework Adjustment 46, # 12 Exhibit K: Amendment 1)(Roberts, Rachel) (Entered: 11/08/2013)
2013-11-18 61 0 Memorandum in opposition to re 59 MOTION for Leave to File Supplemental Complaint filed by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Floom, Kristen) (Entered: 11/18/2013)
2013-11-22 62 0 MOTION to Enforce August 2, 2012 Remedial Order Regarding Amendment 4 to the Atlantic Herring Fishery Management Plan by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Roady, Stephen) (Entered: 11/22/2013)
2013-11-25 63 0 REPLY to opposition to motion re 59 MOTION for Leave to File Supplemental Complaint filed by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE. (Roady, Stephen) (Entered: 11/25/2013)
2013-11-27 64 0 Joint MOTION for Extension of Time to Complete Briefing on Plaintiffs' Motion to Enforce Remedy Order by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Floom, Kristen) (Entered: 11/27/2013)
2013-12-23 65 0 Memorandum in opposition to re 62 MOTION to Enforce August 2, 2012 Remedial Order Regarding Amendment 4 to the Atlantic Herring Fishery Management Plan filed by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (Attachments: # 1 Exhibit One, # 2 Exhibit Two, # 3 Exhibit Three, # 4 Text of Proposed Order)(Floom, Kristen) (Entered: 12/23/2013)
2013-12-27 66 0 MEMORANDUM ORDER granting 59 Plaintiffs' Motion for Leave to File a Supplemental Complaint; an Initial Scheduling Conference is hereby scheduled for January 23, 2014, at 10:00 a.m.; the Parties' Joint Meet and Confer Statement is due no later than January 16, 2014, at 5:00 p.m. Signed by Judge Gladys Kessler on 12/27/13. (CL, ) (Entered: 12/27/2013)
2013-12-27 67 0 SUPPLEMENTAL COMPLAINT against NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, PENNY PRITZKER filed by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE.(jf, ) (Entered: 12/27/2013)
2014-01-05 68 0 MOTION for Leave to File to File Amicus Brief by SUSTAINABLE FISHERIES COALITION (Attachments: # 1 Exhibit Decl of Gerry O'Neill, # 2 Amicus Brief, # 3 Exhibit Herring Alliance Letter)(Gehan, Shaun) (Entered: 01/05/2014)
2014-01-09 69 0 RESPONSE re 68 MOTION for Leave to File to File Amicus Brief filed by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE. (Fleming, Roger) (Entered: 01/09/2014)
2014-01-10 70 0 REPLY to opposition to motion re 62 MOTION to Enforce August 2, 2012 Remedial Order Regarding Amendment 4 to the Atlantic Herring Fishery Management Plan filed by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE. (Fleming, Roger) (Entered: 01/10/2014)
2014-01-12 71 0 NOTICE of Change of Address by Shaun Michael Gehan (Gehan, Shaun) (Entered: 01/12/2014)
2014-01-12 72 0 REPLY to opposition to motion re 68 MOTION for Leave to File to File Amicus Brief filed by SUSTAINABLE FISHERIES COALITION. (Gehan, Shaun) (Entered: 01/12/2014)
2014-01-15 73 0 Joint MOTION for Hearing re Set/Reset Hearings by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE (Attachments: # 1 Text of Proposed Order)(Fleming, Roger) (Entered: 01/15/2014)
2014-01-16 74 0 MEET AND CONFER STATEMENT. (Floom, Kristen) (Entered: 01/16/2014)
2014-01-17 75 0 Unopposed MOTION to Appear at January 27, 2014 Initial Scheduling Conference Telephonically by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, PENNY PRITZKER (Attachments: # 1 Text of Proposed Order)(Roberts, Rachel) (Entered: 01/17/2014)
2014-01-22 76 0 MOTION to Intervene by SUSTAINABLE FISHERIES COALITION (Attachments: # 1 Declaration Exhibit 1)(Gehan, Shaun) (Entered: 01/22/2014)
2014-01-22 77 0 Corporate Disclosure Statement by SUSTAINABLE FISHERIES COALITION. (Gehan, Shaun) (Entered: 01/22/2014)
2014-01-27 78 0 ORDER that a Motions Hearing is scheduled on Plaintiffs' Motion to Enforce for February 12, 2014, at 10:45 a.m.; the Administrative Record shall be filed by February 3, 2014; Plaintiffs' Motion for Summary Judgment is due by March 7, 2014; Defendants' Opposition and Cross-Motion are due April 7, 2014; Plaintiffs' Opposition and Reply are due May 7, 2014; Defendants' Reply is due May 23, 2014. Signed by Judge Gladys Kessler on 1/27/14. (CL, ) (Entered: 01/27/2014)
2014-01-28 79 0 ORDER granting 68 Sustainable Fisheries Coalition's Motion for Leave to File an Amicus Brief; the Amicus will not participate in Oral Argument. Signed by Judge Gladys Kessler on 1/28/14. (CL, ) (Entered: 01/28/2014)
2014-01-29 80 0 AMICUS BRIEF by SUSTAINABLE FISHERIES COALITION. (Attachments: # 1 Exhibit)(znmw, ) (Entered: 01/29/2014)
2014-01-29 81 0 ADMINISTRATIVE RECORD by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, PENNY PRITZKER. (Attachments: # 1 Exhibit One, # 2 Exhibit Two, # 3 Exhibit Three)(Floom, Kristen) (Entered: 01/29/2014)
2014-02-04 82 0 MOTION to Clarify or, in the Alternative, to Reinstate the Stay of Vacatur of Amendment 4 by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, PENNY PRITZKER (Attachments: # 1 Text of Proposed Order Granting Defendants' Motion for Clarification, # 2 Text of Proposed Order Reinstating the Stay of Vacatur of Amendment 4)(Roberts, Rachel). Added MOTION to Reinstate on 2/5/2014 (znmw, ). (Entered: 02/04/2014)
2014-02-06 83 0 NOTICE of Supplemental Materials by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE re Meet and Confer Hearing (Attachments: # 1 Exhibit A)(Fleming, Roger) (Entered: 02/06/2014)
2014-02-11 84 0 NOTICE of Secretarial Amendments by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, PENNY PRITZKER (Roberts, Rachel) (Entered: 02/11/2014)
2014-02-12 85 0 ORDER granting 76 Sustainable Fisheries Coalition's Motion to Intervene as Defendant. Signed by Judge Gladys Kessler on 02/12/2014. (lcgk2, ) (Entered: 02/12/2014)
2014-02-19 86 0 ORDER denying 62 Plaintiffs' Motion to Enforce August 2, 2012 Remedial Order; and denying as moot 82 Defendant's Motion for Clarification or, in the Alternative, to Reinstate the Stay of Vacatur of Amendment 4 Pending Resolution of Plaintiffs' Motion to Enforce. Signed by Judge Gladys Kessler on 2/19/14. (CL, ) (Entered: 02/19/2014)
2014-02-19 87 0 MEMORANDUM OPINION denying Plaintiffs' Motion to Enforce and denying as moot Defendants' Motion for Clarification. Signed by Judge Gladys Kessler on 2/19/14. (CL, ) (Entered: 02/19/2014)
2014-03-07 88 0 MOTION for Summary Judgment on Claims Contained in Plaintiffs' Supplemental Complaint by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 to Memorandum)(Fleming, Roger) (Entered: 03/07/2014)
2014-03-17 89 0 MOTION for Leave to File Second Supplemental Complaint by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE (Attachments: # 1 Second Supplemental Complaint, # 2 Text of Proposed Order)(Fleming, Roger) (Entered: 03/17/2014)
2014-03-19 90 0 ERRATA to Memorandum in Support of Motion for Summary Judgment by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE 88 MOTION for Summary Judgment on Claims Contained in Plaintiffs' Supplemental Complaint filed by MICHAEL S. FLAHERTY, OCEAN RIVER INSTITUTE, ALAN A. HASTBACKA. (Attachments: # 1 Errata page 1, # 2 Errata pages 16-17)(Fleming, Roger) (Entered: 03/19/2014)
2014-03-31 91 0 NOTICE of Non-Opposition by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, PENNY PRITZKER re 89 MOTION for Leave to File Second Supplemental Complaint (Floom, Kristen) (Entered: 03/31/2014)
2014-03-31 92 0 ORDER granting 89 Plaintiffs' Motion for Leave to File Second Supplemental Complaint. Signed by Judge Gladys Kessler on 3/31/14. (CL, ) (Entered: 03/31/2014)
2014-03-31 93 0 Unopposed MOTION for Extension of Time to File Answer and Administrative Record for Plaintiffs' Second Supplemental Complaint by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, PENNY PRITZKER (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Floom, Kristen) (Entered: 03/31/2014)
2014-03-31 94 0 SECOND SUPPLEMENTAL COMPLAINT against NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, PENNY PRITZKER filed by ALAN A. HASTBACKA, MICHAEL S. FLAHERTY, OCEAN RIVER INSTITUTE.(znmw, ) (Entered: 03/31/2014)
2014-03-31 95 0 ORDER granting 93 Defendants' Unopposed Motion for Extension of Time; Defendants shall have up to and including June 23, 2014, in which to file the Answer and Administrative Record for Plaintiffs' Second Supplemental Complaint. Signed by Judge Gladys Kessler on 3/31/14. (CL, ) (Entered: 03/31/2014)
2014-04-07 96 0 Cross MOTION for Summary Judgment by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, PENNY PRITZKER (Attachments: # 1 Memorandum in Support)(Roberts, Rachel) (Entered: 04/07/2014)
2014-04-07 97 0 Memorandum in opposition to re 88 MOTION for Summary Judgment on Claims Contained in Plaintiffs' Supplemental Complaint filed by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, PENNY PRITZKER. (See Docket Entry 96 to view document). (znmw, ) (Entered: 04/08/2014)
2014-04-08 98 0 Unopposed MOTION for Extension of Time to File Cross Motion for Summary Judgement & Opposition by SUSTAINABLE FISHERIES COALITION (Attachments: # 1 Text of Proposed Order)(Gehan, Shaun) (Entered: 04/08/2014)
2014-04-09 99 0 Cross MOTION for Summary Judgment by SUSTAINABLE FISHERIES COALITION (Attachments: # 1 Memorandum in Support)(Gehan, Shaun) (Entered: 04/09/2014)
2014-04-09 100 0 Memorandum in opposition to re 88 MOTION for Summary Judgment on Claims Contained in Plaintiffs' Supplemental Complaint filed by SUSTAINABLE FISHERIES COALITION. (Gehan, Shaun) (Entered: 04/09/2014)
2014-04-16 101 0 ERRATA Exhibit 1 to Opposition and Summary Judgment Memo by SUSTAINABLE FISHERIES COALITION 99 Cross MOTION for Summary Judgment filed by SUSTAINABLE FISHERIES COALITION. (Attachments: # 1 Exhibit)(Gehan, Shaun) (Entered: 04/16/2014)
2014-04-21 102 0 NOTICE of Change of Address by Rachel K. Roberts (Roberts, Rachel) (Entered: 04/21/2014)
2014-05-07 103 0 REPLY to opposition to motion re 88 MOTION for Summary Judgment on Claims Contained in Plaintiffs' Supplemental Complaint And In Opposition To Defendants' Cross-Motion For Summary Judgment filed by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE. (Attachments: # 1 Exhibit 1)(Fleming, Roger) (Entered: 05/07/2014)
2014-05-07 104 0 Memorandum in opposition to re 99 Cross MOTION for Summary Judgment filed by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE. (See Docket Entry 103 to view document). (znmw, ) (Entered: 05/08/2014)
2014-05-23 105 0 REPLY to opposition to motion re 96 Cross MOTION for Summary Judgment filed by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, PENNY SUE PRITZKER. (Roberts, Rachel) (Entered: 05/23/2014)
2014-05-23 106 0 REPLY to opposition to motion re 99 Cross MOTION for Summary Judgment filed by SUSTAINABLE FISHERIES COALITION. (Gehan, Shaun) (Entered: 05/23/2014)
2014-06-06 107 0 NOTICE Regarding Filing of Appendix by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE (Attachments: # 1 Appendix Volume 1, # 2 Appendix Volume 2, # 3 Appendix Volume 3, # 4 Appendix Volume 4, # 5 Appendix Volume 5)(Fleming, Roger) (Entered: 06/06/2014)
2014-06-23 108 0 ANSWER to 94 Amended Complaint by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, PENNY SUE PRITZKER. Related document: 94 Amended Complaint filed by MICHAEL S. FLAHERTY, OCEAN RIVER INSTITUTE, ALAN A. HASTBACKA.(Floom, Kristen) (Entered: 06/23/2014)
2014-06-23 109 0 ADMINISTRATIVE RECORD by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, PENNY SUE PRITZKER. (Attachments: # 1 Exhibit Record Certification, # 2 Exhibit Record Index, # 3 Exhibit Privilege Log- Documents, # 4 Exhibit Privilege Log- Emails)(Roberts, Rachel) (Entered: 06/23/2014)
2014-06-24 110 0 Unopposed MOTION for Extension of Time to File Answer to Plaintiffs' Second Supplemental Complaint by SUSTAINABLE FISHERIES COALITION (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Answer)(Gehan, Shaun) (Entered: 06/24/2014)
2014-08-04 111 0 TRANSCRIPT OF PROCEEDINGS before Judge Gladys Kessler held on 2-12-14; Page Numbers: 1-48. Date of Issuance:8-4-14. Court Reporter/Transcriber Lisa M. Foradori, Telephone number 202-354-3269, Court Reporter Email Address : L4dori@hotmail.com.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.<P></P> Redaction Request due 8/25/2014. Redacted Transcript Deadline set for 9/4/2014. Release of Transcript Restriction set for 11/2/2014.(Foradori, Lisa) (Entered: 08/04/2014)
2014-12-11 112 0 Joint MOTION to Stay Proceedings on Supplemental Complaint by GARY LOCKE, NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, PENNY SUE PRITZKER (Attachments: # 1 Exhibit One, # 2 Text of Proposed Order)(Floom, Kristen) (Entered: 12/11/2014)
2014-12-12 113 0 ORDER granting 112 the Parties' Motion to Stay; proceedings on Plaintiffs' Supplemental Complaint shall be stayed until February 13, 2015. Signed by Judge Gladys Kessler on 12/12/14. (CL, ) (Entered: 12/12/2014)
2014-12-16 114 0 MOTION to Lift Stay re 113 Order on Motion to Stay by SUSTAINABLE FISHERIES COALITION (Attachments: # 1 Text of Proposed Order)(Gehan, Shaun) (Entered: 12/16/2014)
2014-12-19 115 0 Unopposed MOTION for Extension of Time to File Response/Reply as to 114 MOTION to Lift Stay re 113 Order on Motion to Stay by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, PENNY SUE PRITZKER (Attachments: # 1 Text of Proposed Order)(Floom, Kristen) (Entered: 12/19/2014)
2015-01-09 116 0 Memorandum in opposition to re 114 MOTION to Lift Stay re 113 Order on Motion to Stay filed by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, PENNY SUE PRITZKER. (Attachments: # 1 Exhibit One, # 2 Exhibit Two)(Floom, Kristen) (Entered: 01/09/2015)
2015-01-09 117 0 Memorandum in opposition to re 114 MOTION to Lift Stay re 113 Order on Motion to Stay filed by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE. (Attachments: # 1 Exhibit Exhibit 1)(Fleming, Roger) (Entered: 01/09/2015)
2015-01-16 118 0 REPLY to opposition to motion re 114 MOTION to Lift Stay re 113 Order on Motion to Stay filed by SUSTAINABLE FISHERIES COALITION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Gehan, Shaun) (Entered: 01/16/2015)
2015-02-13 119 0 STATUS REPORT (JOINT) by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE, SUSTAINABLE FISHERIES COALITION. (Attachments: # 1 Exhibit Exhibit 1, # 2 Text of Proposed Order)(Fleming, Roger) (Entered: 02/13/2015)
2015-02-18 120 0 ORDER denying 114 Defendnat-Intervenor's Motion to Lift or Partially Life Stay of Proceedings (see Order for details). Signed by Judge Gladys Kessler on 2/18/15. (CL, ) (Entered: 02/18/2015)
2015-02-24 121 0 ORDER: Upon consideration of the Parties' Joint Status Report requesting a further extension of time in which to allow the New England Fishery Management Council to consider acceptable biological catch control, it is hereby ORDERED that the Parties shall file another Joint Status Report no later than December 17, 2015. Signed by Judge Gladys Kessler on 2/24/15. (CL, ) (Entered: 02/24/2015)
2015-03-20 122 0 STATUS REPORT by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, PENNY SUE PRITZKER. (Attachments: # 1 Text of Proposed Order)(Floom, Kristen) (Entered: 03/20/2015)
2015-03-20 123 0 ADMINISTRATIVE RECORD Notice of Filing Certified List of Contents of Revised Administrative Record for Amendment 5 by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, PENNY SUE PRITZKER. (Attachments: # 1 Exhibit One, # 2 Exhibit Two, # 3 Exhibit Three, # 4 Exhibit Four, # 5 Exhibit Five)(Floom, Kristen) (Entered: 03/20/2015)
2015-03-23 124 0 ORDER that, no later than July 8, 2015, the parties shall either file a proposed summary judgment briefing schedule, seek a limited stay of proceedings on Plaintiffs' Second Supplemental Complaint, or advise the Court that Plaintiffs have decided to voluntarily dismiss their Second Supplemental Complaint. Signed by Judge Gladys Kessler on 3/23/15. (CL, ) (Entered: 03/23/2015)
2015-07-08 125 0 STATUS REPORT by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, PENNY SUE PRITZKER. (Attachments: # 1 Exhibit Timeline, # 2 Text of Proposed Order)(Floom, Kristen) (Entered: 07/08/2015)
2015-07-08 126 0 ORDER that the Parties shall, no later than October 16, 2015, either file a Proposed Summary Judgment Briefing Schedule, seek a limited stay of proceedings on Plaintiffs' Second Supplemental Complaint, or advise the Court that Plaintiffs have decided to voluntarily dismiss their Second Supplemental Complaint. Signed by Judge Gladys Kessler on 7/8/15. (CL) (Entered: 07/08/2015)
2015-10-15 127 0 Joint STATUS REPORT by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, PENNY SUE PRITZKER. (Attachments: # 1 Exhibit Council Motions, # 2 Text of Proposed Order)(Floom, Kristen) (Entered: 10/15/2015)
2015-10-19 128 0 ORDER that the Parties shall, by February 5, 2016, either file a Proposed Summary Judgment Briefing Schedule, seek a limited stay of proceedings on Plaintiffs' Second Supplemental Complaint, or advise the Court that Plaintiffs have decided to voluntarily dismiss their Second Supplemental Complaint. Signed by Judge Gladys Kessler on 10/19/15. (CL) (Entered: 10/19/2015)
2015-12-17 129 0 Joint STATUS REPORT by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, PENNY SUE PRITZKER. (Attachments: # 1 Exhibit One, # 2 Exhibit Two, # 3 Exhibit Three, # 4 Exhibit Four, # 5 Exhibit Five, # 6 Text of Proposed Order)(Floom, Kristen) (Entered: 12/17/2015)
2015-12-21 130 0 ORDER that the Parties shall file another Status Report no later than February 12, 2016. Signed by Judge Gladys Kessler on 12/21/15. (CL) (Entered: 12/21/2015)
2016-02-05 131 0 Joint STATUS REPORT by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, PENNY SUE PRITZKER. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Floom, Kristen) (Entered: 02/05/2016)
2016-02-08 132 0 ORDER that the Parties shall, no later than July 1, 2016, either file a proposed summary judgment briefing schedule, seek a limited stay of proceedings on Plaintiffs' Second Supplemental Complaint, or advise the Court that Plaintiffs have decided to voluntarily dismiss their Second Supplemental Complaint. Signed by Judge Gladys Kessler on 2/8/16. (CL) (Entered: 02/08/2016)
2016-02-12 133 0 Joint STATUS REPORT by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, PENNY SUE PRITZKER. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Floom, Kristen) (Entered: 02/12/2016)
2016-02-16 134 0 ORDER that the Parties shall file another Status Report no later April 12, 2016 (see Order for details). Signed by Judge Gladys Kessler on 2/16/16. (CL) (Entered: 02/16/2016)
2016-04-12 135 0 STATUS REPORT by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, PENNY SUE PRITZKER. (Attachments: # 1 Exhibit One, # 2 Exhibit Two)(Floom, Kristen) (Entered: 04/12/2016)
2016-04-12 136 0 STATUS REPORT by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE. (Attachments: # 1 Exhibit 1)(Fleming, Roger) (Entered: 04/12/2016)
2016-04-12 137 0 STATUS REPORT by SUSTAINABLE FISHERIES COALITION. (Gehan, Shaun) (Entered: 04/12/2016)
2016-04-19 138 0 ORDER that a Status Conference shall be held in this case on April 26, 2016, at 10:30 a.m. (see Order for more details). Signed by Judge Gladys Kessler on 4/19/2016. (CL) (Entered: 04/19/2016)
2016-04-21 139 0 Unopposed MOTION for Hearing re 138 Order to be Rescheduled by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE (Fleming, Roger) (Entered: 04/21/2016)
2016-04-21 140 0 Unopposed MOTION for Leave to Appear Telephonically at May 4, 2016 Status Conference by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, PENNY SUE PRITZKER (Attachments: # 1 Text of Proposed Order)(Roberts, Rachel) (Entered: 04/21/2016)
2016-04-25 141 0 ORDER granting 140 Defendants' Motion for Co-Counsel to Appear Telephonically at the May 4, 2016 Status Conference; counsel is asked to contact Chambers with the best number at which they can be reached. Signed by Judge Gladys Kessler on 4/25/16. (CL) (Entered: 04/25/2016)
2016-06-14 142 0 ORDER denying 88 Plaintiffs' Motion for Summary Judgment; granting 96 Defendants' Motion for Summary Judgment; and denying 99 the Sustainable Fisheries Coalition's Motion for Summary Judgment. Signed by Judge Gladys Kessler on 6/14/16. (CL) (Entered: 06/14/2016)
2016-06-14 143 0 MEMORANDUM OPINION to the Order on the Motions for Summary Judgment. Signed by Judge Gladys Kessler on 6/14/16. (CL) (Entered: 06/14/2016)
2016-07-01 144 0 Joint STATUS REPORT by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, PENNY SUE PRITZKER. (Attachments: # 1 Exhibit, # 2 Exhibit)(Roberts, Rachel) (Entered: 07/01/2016)
2016-07-01 145 0 NOTICE OF WITHDRAWAL OF APPEARANCE as to MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE. Attorney Stephen Elston Roady terminated. (Roady, Stephen) (Entered: 07/01/2016)
2016-07-21 146 0 ORDER that a Status Conference is hereby set in this case for August 15, 2016, at 2:30 p.m. Signed by Judge Gladys Kessler on 7/21/16. (CL) (Entered: 07/21/2016)
2016-09-14 147 0 Joint MOTION to Stay Proceedings on Plaintiffs' Second Supplemental Complaint by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, PENNY SUE PRITZKER (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(Floom, Kristen) (Entered: 09/14/2016)
2016-09-15 148 0 ORDER granting 147 the Joint Motion to Stay Proceedings on Plaintiffs' Second Supplemental Complaint; the Status Conference currently scheduled for September 21, 2016, is hereby continued to November 29, 2016, at 11:00 a.m.; proceedings on Plaintiffs' Second Supplemental Complaint shall be stayed through and including the date of the rescheduled Status Conference. Signed by Judge Gladys Kessler on 9/15/16. (CL) (Entered: 09/15/2016)
2016-11-22 149 0 MOTION for Leave to Appear Telephonically at November 29, 2016 status conference by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, PENNY SUE PRITZKER (Roberts, Rachel) (Entered: 11/22/2016)
2016-12-06 150 0 Joint MOTION for Briefing Schedule by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE (Attachments: # 1 Text of Proposed Order)(Fleming, Roger) (Entered: 12/06/2016)
2016-12-12 151 0 ORDER granting 150 the Parties' Joint Motion for Briefing Schedule (see Order for details). Signed by Judge Gladys Kessler on 12/12/16. (CL) (Entered: 12/12/2016)
2017-01-06 152 0 MOTION for Leave to File Third Supplemental Complaint by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE (Attachments: # 1 Exhibit A to Motion, # 2 Exhibit B to Motion, # 3 Exhibit C to Motion, # 4 Exhibit 1 to Supplemental Complaint, # 5 Exhibit 2 to Supplemental Complaint, # 6 Exhibit 3 to Supplemental Complaint, # 7 Text of Proposed Order)(Fleming, Roger) Modified event title on 1/9/2017 (znmw). (Entered: 01/06/2017)
2017-01-19 153 0 Memorandum in opposition to re 152 MOTION for Leave to File Third Amended and Supplemental Complaint filed by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, PENNY SUE PRITZKER. (Attachments: # 1 Text of Proposed Order)(Floom, Kristen) (Entered: 01/19/2017)
2017-01-19 154 0 Memorandum in opposition to re 152 MOTION for Leave to File filed by SUSTAINABLE FISHERIES COALITION. (Attachments: # 1 Text of Proposed Order)(Gehan, Shaun) (Entered: 01/19/2017)
2017-01-27 155 0 REPLY to opposition to motion re 152 MOTION for Leave to File THIRD AMENDED AND SUPPLEMENTAL COMPLAINT filed by MICHAEL S. FLAHERTY, ALAN A. HASTBACKA, OCEAN RIVER INSTITUTE. (Fleming, Roger) (Entered: 01/27/2017)
2017-08-21 156 0 ORDER granting 152 Plaintiffs' Motion for Leave to File Third Amended and Supplemental Complaint (see Memorandum Opinion for details). Signed by Judge Gladys Kessler on 8/21/17. (CL) (Entered: 08/21/2017)
2017-08-21 157 0 MEMORANDUM OPINION to the Order granting Plaintiffs' Motion for Leave to File Third Amended and Supplemental Complaint. Signed by Judge Gladys Kessler on 8/21/17. (CL) (Entered: 08/21/2017)
2017-08-21 158 0 THIRD AMENDED COMPLAINT against NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, PENNY SUE PRITZKER, NEW ENGLAND FISHERY MANAGMENT COUNCIL, THOMAS NIES filed by ALAN A. HASTBACKA, MICHAEL S. FLAHERTY, OCEAN RIVER INSTITUTE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(znmw) (Entered: 08/22/2017)
2017-08-24 159 0 Unopposed MOTION for Extension of Time to File Answer re 158 Amended Complaint, or Motion to Dismiss, Unopposed MOTION for Scheduling Order by NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, NEW ENGLAND FISHERY MANAGMENT COUNCIL, THOMAS NIES, PENNY SUE PRITZKER (Attachments: # 1 Text of Proposed Order)(Roberts, Rachel) (Entered: 08/24/2017)
2017-08-28 160 0 ORDER granting 159 Federal Defendants' Motion for Extension of Time to Respond to Plaintiffs' Third Amended Complaint and the Parties' Proposed Schedule for Further Proceedings (see Order for details). Signed by Judge Gladys Kessler on 8/28/17. (CL) (Entered: 08/28/2017)