Case details

Court: ord
Docket #: 3:16-cv-01407
Case Name: Alliance for the Wild Rockies, Inc. v. U.S. Army Corps of Engineers et al
PACER case #: 127927
Date filed: 2016-07-11
Date terminated: 2017-02-22
Date of last filing: 2017-08-22
Assigned to: Judge Marco A. Hernandez
Case Cause: 16:1531 Endangered Species Act
Nature of Suit: 893 Environmental Matters
Jury Demand: None
Jurisdiction: U.S. Government Defendant

Parties

Represented Party Attorney & Contact Info
Alliance for the Wild Rockies, Inc.
Plaintiff
Kristine M. Akland
Akland Law Firm PLLC P.O. Box 7274 Missoula, MT 59807 406-544-9863 Fax: 406-880-3085 Email: aklandlawfirm@gmail.com
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Timothy M. Bechtold
Bechtold Law Firm PO Box 7051 Missoula, MT 59807 406-721-1435 Fax: 406-830-3085 Email: tim@bechtoldlaw.net
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Marianne G. Dugan
Attorney at Law 259 E. 5th Avenue Suite 200-D Eugene, OR 97401 541-338-7072 Fax: 866-650-5213 Email: mdugan@mdugan.com
ATTORNEY TO BE NOTICED

U.S. Army Corps of Engineers
Defendant
Travis J. Annatoyn
U.S. Deptartment of Justice 601 D. Street, NW Washington, DC 20004 202-514-5243 Fax: 202-305-0275 Email: travis.annatoyn@usdoj.gov
LEAD ATTORNEY ATTORNEY TO BE NOTICED

U.S. Bureau of Reclamation
Defendant
Travis J. Annatoyn
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bonneville Power Administration
Defendant
Travis J. Annatoyn
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Roza Irrigation District
Intervenor Defendant
Jenna R. Mandell-Rice
Van Ness Feldman LLP 719 Second Avenue Suite 1150 Seattle, WA 98104 206-623-9372 Fax: 206-623-4986 Email: jrm@vnf.com
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Matthew A. Love
Van Ness Feldman, PC 719 Second Avenue Suite 1150 Seattle, WA 98104-1728 206-623-9372 Fax: 206-623-4986 Email: mal@vnf.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kennewick Irrigation District
Intervenor Defendant
Jenna R. Mandell-Rice
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Matthew A. Love
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2016-07-11 1 0 Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-4676203 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: No. Filed by Alliance for the Wild Rockies, Inc. against All Defendants (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons Army Corps of Engineers, # 3 Proposed Summons BPA, # 4 Proposed Summons BOR, # 5 Proposed Summons Lynch (US AG), # 6 Proposed Summons Clerk, US Atty). (Dugan, Marianne) (Entered: 07/11/2016)
1 1 Civil Cover Sheet
1 2 Proposed Summons Army Corps of Engineers
1 3 Proposed Summons BPA
1 4 Proposed Summons BOR
1 5 Proposed Summons Lynch (US AG)
1 6 Proposed Summons Clerk, US Atty
2016-07-11 2 0 Notice of Case Assignment to Judge Marco A. Hernandez and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 11/8/2016. Joint Alternate Dispute Resolution Report is due by 12/8/2016. Pretrial Order is due by 12/8/2016. Ordered by Judge Marco A. Hernandez. (sss) (Entered: 07/11/2016)
2016-07-11 3 0 Summons Issued Electronically as to Bonneville Power Administration, U.S. Army Corps of Engineers, U.S. Bureau of Reclamation. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (sss) (Entered: 07/11/2016)
2016-07-12 4 0 Return of Service Executed as to U.S. Army Corps of Engineers served on 7/12/2016, answer due on 9/12/2016. Service specifically made upon Local U.S. Attorney. (Dugan, Marianne) (Entered: 07/12/2016)
2016-07-12 5 0 Return of Service Executed as to U.S. Bureau of Reclamation. Service specifically made upon Local U.S. Attorney. (Dugan, Marianne) (Entered: 07/12/2016)
2016-07-12 6 0 Return of Service Executed as to Bonneville Power Administration. Service specifically made upon Local U.S. Attorney. (Dugan, Marianne) (Entered: 07/12/2016)
2016-07-13 7 0 Motion for Leave to Appear Pro Hac Vice for Attorney Kristine Akland . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-4680536. Filed by Alliance for the Wild Rockies, Inc.. (Dugan, Marianne) (Entered: 07/13/2016)
2016-07-13 8 0 Motion for Leave to Appear Pro Hac Vice for Attorney Timothy Bechtold . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-4680540. Filed by Alliance for the Wild Rockies, Inc.. (Dugan, Marianne) (Entered: 07/13/2016)
2016-07-14 9 0 ORDER: Granting Application for Special Admission Pro Hac Vice of Kristine M. Akland for Alliance for the Wild Rockies, Inc.. Application Fee in amount of $300 collected. Receipt No. 0979-4680536 issued. Signed on 7/14/2016 by Judge Marco A. Hernandez. (ecp) (Entered: 07/14/2016)
2016-07-14 10 0 Notification of CM/ECF Account for Attorney Kristine M. Akland (Pro Hac Vice admission). Your login is: kmakland. Go to the CM/ECF login page to set your password. (ecp) (Entered: 07/14/2016)
2016-07-14 11 0 ORDER: Granting Application for Special Admission Pro Hac Vice of Timothy M. Bechtold for Alliance for the Wild Rockies, Inc.. Application Fee in amount of $300 collected. Receipt No. 0979-4680540 issued. Signed on 7/14/016 by Judge Marco A. Hernandez. (ecp) (Entered: 07/14/2016)
2016-08-11 12 0 Notice of Appearance of Travis J. Annatoyn appearing on behalf of All Defendants Filed by on behalf of All Defendants (Annatoyn, Travis) (Entered: 08/11/2016)
2016-08-11 13 0 First Motion for Extension of Time to Answer Complaint,, 1 . Filed by All Defendants. (Annatoyn, Travis) (Entered: 08/11/2016)
2016-08-12 14 0 Response in Opposition to First Motion for Extension of Time to Answer Complaint,, 1 13 . Filed by All Plaintiffs. (Akland, Kristine) (Entered: 08/12/2016)
2016-08-18 15 0 Reply to First Motion for Extension of Time to Answer Complaint,, 1 13 . Filed by All Defendants. (Annatoyn, Travis) (Entered: 08/18/2016)
2016-08-22 16 0 ORDER: Defendant's motion for extension of time to answer complaint 13 is granted. Defendant's response to the complaint is due by October 13, 2016. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 08/22/2016)
2016-10-07 17 0 Motion to Intervene As Defendants. Filed by Roza Irrigation District and Kennewick Irrigation District. (Love, Matthew) (Entered: 10/07/2016)
2016-10-07 18 0 Declaration of Charles Freeman In Support of Motion to Intervene. Filed by Roza Irrigation District and Kennewick Irrigation District. (Related document(s): Motion to intervene 17 .) (Attachments: # 1 Attachment Attachments A-B (pages 5-24)) (Love, Matthew) (Entered: 10/07/2016)
2016-10-07 19 0 Declaration of Scott Revell In Support of Motion to Intervene. Filed by Roza Irrigation District and Kennewick Irrigation District. (Related document(s): Motion to intervene 17 .) (Attachments: # 1 Attachment Attachments A-D (pages 6-13), # 2 Attachment Attachment E (pages 14-42), # 3 Attachment Attachment E (pages 43-75)) (Love, Matthew) (Entered: 10/07/2016)
2016-10-07 20 0 Answer to 1 Complaint,, . Filed by Roza Irrigation District and Kennewick Irrigation District. (Love, Matthew) Modified on 11/8/2016 per Court order 28 . (jp) (Entered: 10/07/2016)
2016-10-07 21 0 Motion for Leave to Appear Pro Hac Vice for Attorney Jenna Mandell-Rice . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-4779367. Filed by Roza Irrigation District and Kennewick Irrigation District. (Love, Matthew) (Entered: 10/07/2016)
2016-10-07 22 0 Notice re Motion to intervene 17 [Proposed] Order Filed by Roza Irrigation District and Kennewick Irrigation District (Related document(s): Motion to intervene 17 .) (Love, Matthew) (Entered: 10/07/2016)
2016-10-11 23 0 ORDER: Granting Application for Special Admission Pro Hac Vice of Jenna R. Mandell-Rice for Kennewick Irrigation District and Roza Irrigation District. Application Fee in amount of $300 collected. Receipt No. 0979-4779367 issued. Signed on 10/11/2016 by Judge Marco A. Hernandez. (ecp) (Entered: 10/13/2016)
2016-10-11 24 0 Notification of CM/ECF Account for Jenna R. Mandell-Rice (Pro Hac Vice admission). Your login is: jrmandellrice. Go to the CM/ECF login page to set your password. (ecp) (Entered: 10/13/2016)
2016-10-13 25 0 First Motion to Dismiss for Lack of Jurisdiction . Filed by All Defendants. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit) (Annatoyn, Travis) (Entered: 10/13/2016)
2016-10-20 26 0 Joint Motion for Extension of Time to File a Response/Reply to First Motion to Dismiss for Lack of Jurisdiction 25 . Filed by Alliance for the Wild Rockies, Inc.. (Akland, Kristine) (Entered: 10/20/2016)
2016-10-26 27 0 ORDER: Granting Motion for Extension of Time to File Response/Reply to First Motion to Dismiss for Lack of Jurisdiction 25 filed by Bonneville Power Administration, U.S. Army Corps of Engineers, U.S. Bureau of Reclamation. Response is due by 11/10/2016. Reply is due by 12/8/2016. Ordered by Judge Marco A. Hernandez. (kms) (Entered: 10/26/2016)
2016-11-08 28 0 ORDER by Judge Marco A. Hernandez: It is hereby ORDERED that Roza Irrigation District and Kennewick Irrigation Districts Motion to Intervene as Defendants is GRANTED 17 . Roza Irrigation District and Kennewick Irrigation District are hereby admitted into this litigation as intervenor-defendants. The Clerk is directed to modify the docket to show the Answer 20 as filed. Signed on 11/08/2016. (jp) (Entered: 11/08/2016)
2016-11-10 29 0 Response in Opposition to First Motion to Dismiss for Lack of Jurisdiction 25 . Filed by Alliance for the Wild Rockies, Inc.. (Attachments: # 1 Exhibit Declaration of Michael Garrity, # 2 Exhibit Declaration of Jeff Juel, # 3 Exhibit Declaration of Keith Hammer, # 4 Exhibit Declaration of Jeffrey St. Clair, # 5 Exhibit Declaration of Steve Kelly, # 6 Exhibit Declaration of Gary MacFarlane, # 7 Exhibit Declaration of Natalie Ertz, # 8 Exhibit FOIA Request to ACE, # 9 Exhibit FOIA Request to BOR, # 10 Exhibit FOIA Request to BPA, # 11 Exhibit NOI to FWS) (Akland, Kristine) (Entered: 11/10/2016)
2016-11-16 30 0 ORDER by Judge Marco A. Hernandez. Defendants Roza Irrigation District and Kennewick Irrigation Districts Reply to Plaintiffs Response in Opposition to First Motion to Dismiss for Lack of Jurisdiction 29 is due by 11/28/2016. (jp) (Entered: 11/16/2016)
2016-11-17 31 0 Unopposed Motion for Extension of Time . Filed by Kennewick Irrigation District, Roza Irrigation District. (Attachments: # 1 Proposed Order) (Love, Matthew) (Entered: 11/17/2016)
2016-11-21 32 0 ORDER: Granting Intervenors-Defendants Roza Irrigation District and Kennewick Irrigation District Motion for Extension of Time to file a Reply 31 .Reply is due by 12/8/2016. Signed on 11/21/2016 by Judge Marco A. Hernandez. (jp) (Entered: 11/21/2016)
2016-12-08 33 0 Reply to Plaintiff's Response to First Motion to Dismiss for Lack of Jurisdiction 25 . Filed by Kennewick Irrigation District, Roza Irrigation District. (Love, Matthew) (Entered: 12/08/2016)
2016-12-08 34 0 Reply to First Motion to Dismiss for Lack of Jurisdiction 25 . Filed by All Defendants. (Attachments: # 1 Exhibit Request To Reinitiate Consultation For FCRPS) (Annatoyn, Travis) (Entered: 12/08/2016)
2017-02-22 35 0 Opinion and Order: This Court lacks jurisdiction over this matter because there is no live case or controversy. Therefore, the Court dismisses this case as moot. Signed on 2/22/2017 by Judge Marco A. Hernandez. (sss) (Entered: 02/23/2017)
2017-02-22 36 0 Judgment. Based on the record, IT IS ORDERED AND ADJUDGED that this case is dismissed. Pending motions, if any, are denied as moot. Signed on 2/22/2017 by Judge Marco A. Hernandez. (sss) (Entered: 02/23/2017)
2017-02-27 37 0 Motion for Extension of Time . Filed by Alliance for the Wild Rockies, Inc.. (Akland, Kristine) (Entered: 02/27/2017)
2017-03-02 38 0 ORDER: Granting Motion for Extension of Time 37 . The deadline for filing a Motion for Attorney Fees is extended to 3/16/2017. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 03/02/2017)
2017-03-15 39 0 Joint Motion for Extension of Time . Filed by Alliance for the Wild Rockies, Inc.. (Akland, Kristine) (Entered: 03/15/2017)
2017-03-16 40 0 ORDER: Granting Motion for Extension of Time 39 . The deadline for Plaintiff to submit a Motion for Attorney Fees, Costs and Expenses is extended to 4/17/2017. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 03/16/2017)
2017-04-17 41 0 Motion for Attorney Fees . Filed by Alliance for the Wild Rockies, Inc.. (Attachments: # 1 Attachment Declaration of Becker, # 2 Attachment Declaration of Akland, # 3 Attachment Declaration of Bechtold, # 4 Attachment Declaration of Dugan, # 5 Attachment Declaration of Smith, # 6 Attachment Declaration of Garrity) (Akland, Kristine) (Entered: 04/17/2017)
2017-04-25 42 0 Unopposed Motion for Extension of Time To Respond To Plaintiff's Motion For Fees. Filed by U.S. Army Corps of Engineers, U.S. Bureau of Reclamation. (Annatoyn, Travis) (Entered: 04/25/2017)
2017-04-27 43 0 ORDER: Granting Motion for Extension of Time 42 . Defendant's Response to Plaintiff's Motion for Attorney Fees is due by 5/15/2017. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 04/27/2017)
2017-05-15 44 0 Response in Opposition to Motion for Attorney Fees 41 . Filed by Kennewick Irrigation District, Roza Irrigation District. (Mandell-Rice, Jenna) (Entered: 05/15/2017)
2017-05-15 45 0 Response in Opposition to Motion for Attorney Fees 41 . Filed by All Defendants. (Attachments: # 1 Declaration of Travis Annatoyn) (Annatoyn, Travis) (Entered: 05/15/2017)
2017-05-15 46 0 First Declaration of Rock Peters. Filed by All Defendants. (Related document(s): Response in Opposition to Motion 45 .) (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, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit) (Annatoyn, Travis) (Entered: 05/15/2017)
2017-05-19 47 0 Notice re Declaration, 46 Notice of Errata Filed by All Defendants (Related document(s): Declaration, 46 .) (Attachments: # 1 Attachment, # 2 Attachment, # 3 Attachment, # 4 Attachment, # 5 Attachment, # 6 Attachment, # 7 Attachment) (Annatoyn, Travis) (Entered: 05/19/2017)
2017-05-25 48 0 Reply to Motion for Attorney Fees 41 . Filed by Alliance for the Wild Rockies, Inc.. (Akland, Kristine) (Entered: 05/25/2017)
2017-05-25 49 0 Second Declaration of Kristine Akland . Filed by Alliance for the Wild Rockies, Inc.. (Related document(s): Motion for Attorney Fees, 41 .) (Akland, Kristine) (Entered: 05/25/2017)
2017-07-25 50 0 OPINION & ORDER: Denying Motion for Attorney Fees 41 . Signed on 7/25/2017 by Judge Marco A. Hernandez. (sss) (Entered: 07/26/2017) 2017-10-11 17:32:12 bfa9fe0381d677891d3b2d288dd4ce6d323a070f
2017-08-16 51 0 Notice of Appeal to the 9th Circuit Filing fee $505 collected; Agency Tracking ID 0979-5117262: . Filed by Alliance for the Wild Rockies, Inc.. (Attachments: # 1 Attachment Representation Statement) (Akland, Kristine) (Entered: 08/16/2017)
2017-08-18 52 0 Corrected Representation Statement re Notice of Appeal 51 . Filed by Alliance for the Wild Rockies, Inc.. (Akland, Kristine) (Entered: 08/18/2017)