CENTER FOR BIOLOGICAL DIVERSITY v. FEDERAL AVIATION ADMINISTRATION (1:23-cv-01204)

District Court, District of Columbia

Date Filed
Description

1

May 1, 2023

COMPLAINT against All Plaintiffs ( Filing fee $ 402 receipt number ADCDC-10037442) filed by Carizo/Comecrudo Nation of Texas, CENTER FOR BIOLOGICAL DIVERSITY, Surfrider Foundation, AMERICAN BIRD CONSERVANCY. (Attachments: # 1 Civil Cover Sheet Cover Sheet, # 2 Summons Summons to Billy Nolen, # 3 Summons Summons to FAA, # 4 Summons Summons to USAG, # 5 Summons Summons to USAO)(Glitzenstein, Eric) (Entered: 05/01/2023)

2

May 1, 2023

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN BIRD CONSERVANCY, CENTER FOR BIOLOGICAL DIVERSITY, Carizo/Comecrudo Nation of Texas, Surfrider Foundation (Glitzenstein, Eric) (Entered: 05/01/2023)

LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests

May 1, 2023

NOTICE OF ERROR re 1 Complaint; emailed to eglitzenstein@biologicaldiversity.org, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zrtw, )

Notice of QC- New Case

3

May 1, 2023

ERRATA Complaint by AMERICAN BIRD CONSERVANCY, CARRIZO/COMECRUDO NATION OF TEXAS, INC., CENTER FOR BIOLOGICAL DIVERSITY, SURFRIDER FOUNDATION re 1 Complaint,. (Glitzenstein, Eric) (Entered: 05/01/2023)

May 1, 2023

Case Assigned to Judge Carl J. Nichols. (zrtw)

Case Assigned/Reassigned

4

May 1, 2023

SUMMONS (4) Issued Electronically as to FEDERAL AVIATION ADMINISTRATION, BILLY NOLEN, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrtw) (Entered: 05/01/2023)

5

May 2, 2023

NOTICE of Appearance by Gregory Martin Cumming on behalf of FEDERAL AVIATION ADMINISTRATION, BILLY NOLEN (Cumming, Gregory) (Entered: 05/02/2023)

6

May 3, 2023

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jared Margolis, Filing fee $ 100, receipt number ADCDC-10045359. Fee Status: Fee Paid. by AMERICAN BIRD CONSERVANCY, CARRIZO/COMECRUDO NATION OF TEXAS, INC., CENTER FOR BIOLOGICAL DIVERSITY, SAVE RGV, SURFRIDER FOUNDATION. (Attachments: # 1 Declaration Declaration of Jared Margolis, # 2 Exhibit Jared Margolis Certificate of Good Standing, # 3 Text of Proposed Order)(Glitzenstein, Eric) (Entered: 05/03/2023)

Exhibit Jared Margolis Certificate of Good Standing

7

May 5, 2023

STANDING ORDER. Signed by Judge Carl J. Nichols on May 5, 2023. (lccjn2) (Entered: 05/05/2023)

May 5, 2023

MINUTE ORDER. The Court having considered the 6 Motion for Leave to Appear Pro Hac Vice of Jared Margolis, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(c), it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that Jared Margolis is ADMITTED to practice before the Court pro hac vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Carl J. Nichols on May 5, 2023. (lccjn2)

Order on Motion for Leave to Appear Pro Hac Vice

8

May 5, 2023

NOTICE of Appearance by Matthew Philip Rand on behalf of All Defendants (Rand, Matthew) (Entered: 05/05/2023)

9

May 8, 2023

ENTERED IN ERROR.....NOTICE of Appearance by Jared Margolis on behalf of All Plaintiffs (Margolis, Jared) Modified on 5/11/2023 (zed). (Entered: 05/08/2023)

10

May 9, 2023

NOTICE of Appearance by Sarah Ruckriegle on behalf of FEDERAL AVIATION ADMINISTRATION, BILLY NOLEN (Ruckriegle, Sarah) (Entered: 05/09/2023)

May 11, 2023

NOTICE OF ERROR regarding 9 Notice of Appearance. The following error(s) need correction: Incorrect Court, document or case. Please refile. (zed)

Notice of Error

11

May 12, 2023

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. All Plaintiffs, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/10/2023., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/2/2023. ( Answer due for ALL FEDERAL DEFENDANTS by 7/1/2023.) (Attachments: # 1 Exhibit Proof of Service)(Margolis, Jared) (Entered: 05/12/2023)

Summons Returned Executed as to Federal Defendant

12

May 12, 2023

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL AVIATION ADMINISTRATION served on 5/10/2023; BILLY NOLEN served on 5/10/2023. (See Docket Entry 11 to view document). (zed) (Entered: 05/16/2023)

Main Doc

Summons Returned Executed as to Federal Defendant

May 16, 2023

Summons Returned Executed as to Federal Defendant

13

May 19, 2023

MOTION to Intervene by SPACE EXPLORATION TECHNOLOGIES CORP.. (Attachments: # 1 Memorandum in Support of Motion to Intervene, # 2 Declaration of Bret Johnsen, # 3 Text of Proposed Order Granting Motion to Intervene)(Welti, Tyler) (Entered: 05/19/2023)

Memorandum in Support of Motion to Intervene

Text of Proposed Order Granting Motion to Intervene

14

Jun 2, 2023

RESPONSE re 13 MOTION to Intervene filed by FEDERAL AVIATION ADMINISTRATION, BILLY NOLEN. (Cumming, Gregory) (Entered: 06/02/2023)

15

Jun 9, 2023

REPLY to opposition to motion re 13 MOTION to Intervene filed by SPACE EXPLORATION TECHNOLOGIES CORP.. (Welti, Tyler) (Entered: 06/09/2023)

16

Jun 16, 2023

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SPACE EXPLORATION TECHNOLOGIES CORP. (Welti, Tyler) (Entered: 06/16/2023)

LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests

17

Jun 30, 2023

ANSWER to Complaint by FEDERAL AVIATION ADMINISTRATION, BILLY NOLEN.(Cumming, Gregory) (Entered: 06/30/2023)

18

Jun 30, 2023

ANSWER to Complaint [PROPOSED] ANSWER by SPACE EXPLORATION TECHNOLOGIES CORP..(Welti, Tyler) (Entered: 06/30/2023)

Jul 5, 2023

.Order AND ~Util - Set/Reset Deadlines

Jul 5, 2023

MINUTE ORDER. Upon review of the 13 Motion to Intervene by Space Exploration Technologies Corp., and because the Court concludes that intervention is appropriate under Rule 24(a)(2) or, alternatively, under Rule 24(b)(1)(B), it is ORDERED that the Motion is GRANTED. Signed by Judge Carl J. Nichols on July 5, 2023. (lccjn2)

Order on Motion to Intervene

Jul 5, 2023

MINUTE ORDER. Before the Court are a Complaint and Defendants' Answers. As the requirements of Local Civil Rule 16.3 and Federal Rule of Civil Procedure 26(f) are inapplicable to this administrative review case, it is hereby ORDERED that Defendants shall file a certified list of the contents of the administrative record by July 31, 2023. It is further ORDERED that the parties shall confer and jointly file a proposed briefing schedule by August 14, 2023. Signed by Judge Carl J. Nichols on July 5, 2023. (lccjn2)

Order

19

Jul 21, 2023

Consent MOTION for Extension of Time to Lodge the Administrative Record, Consent MOTION for Scheduling Order by FEDERAL AVIATION ADMINISTRATION, BILLY NOLEN. (Attachments: # 1 Text of Proposed Order)(Cumming, Gregory) (Entered: 07/21/2023)

Jul 25, 2023

Order on Motion for Extension of Time to AND Order on Motion for Scheduling Order AND Set/Reset Deadlines

Jul 25, 2023

MINUTE ORDER. Upon review of Defendants' 19 Consent Motion for Extension of Time and for the Court to Set an Initial Briefing Schedule, it is ORDERED that the Motion is GRANTED. Defendants shall lodge the administrative record on or before September 29, 2023, and the Parties shall abide by the following briefing schedule: the Plaintiffs' deadline to challenge the contents of the administrative record is October 27, 2023; the Defendants' deadline to file an opposition to the Plaintiffs' motion to challenge the administrative record is November 17, 2023; and the Plaintiffs' deadline to file a reply in support of their motion challenging the administrative record is December 5, 2023. It is further ORDERED that the Parties shall file a joint status report proposing a briefing schedule as to summary judgment within 14 days of the Courts resolution of the Plaintiffs' motion challenging the administrative record, if any is filed. If the Plaintiffs choose not to challenge the administrative record, the Parties shall file a joint status report setting forth a proposed briefing schedule by October 27, 2023. Signed by Judge Carl J. Nichols on July 25, 2023. (lccjn2)

Order on Motion for Extension of Time to

Jul 25, 2023

Set/Reset Deadlines: Joint Status Report due by 10/27/2023. (zcam)

Set/Reset Deadlines

Jul 26, 2023

Set/Reset Deadlines

20

Sep 28, 2023

Joint MOTION for Protective Order by FEDERAL AVIATION ADMINISTRATION, BILLY NOLEN. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A- Certification)(Cumming, Gregory) (Entered: 09/28/2023)

21

Sep 29, 2023

ADMINISTRATIVE RECORD Notice of Lodging by FEDERAL AVIATION ADMINISTRATION, BILLY NOLEN. (Attachments: # 1 Affidavit Hanson Declaration, # 2 Exhibit AR Index)(Cumming, Gregory) (Entered: 09/29/2023)

22

Oct 26, 2023

NOTICE of Appearance by Jay Christopher Johnson on behalf of SPACE EXPLORATION TECHNOLOGIES CORP. (Johnson, Jay) (Entered: 10/26/2023)

23

Oct 27, 2023

Unopposed MOTION for Extension of Time to Complete Administrative Record by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Text of Proposed Order)(Margolis, Jared) (Entered: 10/27/2023)

24

Nov 9, 2023

Unopposed MOTION for Protective Order (Modified) by SPACE EXPLORATION TECHNOLOGIES CORP.. (Attachments: # 1 Text of Proposed Order - Stipulated Protective Order re: Confidential Information)(Welti, Tyler) (Entered: 11/09/2023)

Text of Proposed Order - Stipulated Protective Order re: Confidential Informatio

Nov 22, 2023

MINUTE ORDER. Upon review of the 23 Joint Motion for Extension of Time, it is ORDERED that the Motion is GRANTED. It is further ORDERED that by November 27, 2023 Plaintiffs shall file any motions challenging the administrative record or the Parties shall file a joint status report proposing next steps in this matter.So ORDERED by Judge Carl J. Nichols on November 22, 2023. (lccjn2)

Order on Motion for Extension of Time to

Nov 22, 2023

Order on Motion for Extension of Time to AND Set/Reset Deadlines

25

Nov 22, 2023

PROTECTIVE ORDER. Signed by Judge Carl J. Nichols on November 22, 2023. (lccjn2) (Entered: 11/22/2023)

26

Nov 27, 2023

Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Margolis, Jared) (Entered: 11/27/2023)

27

Dec 15, 2023

MOTION for Leave to File Supplemental Complaint by AMERICAN BIRD CONSERVANCY, CARRIZO/COMECRUDO NATION OF TEXAS, INC., CENTER FOR BIOLOGICAL DIVERSITY, SAVE RGV, SURFRIDER FOUNDATION. (Attachments: # 1 Exhibit Proposed Supplemental Complaint, # 2 Text of Proposed Order)(Margolis, Jared) (Entered: 12/15/2023)

28

Dec 20, 2023

NOTICE of Lodging Amended Administrative Record by FEDERAL AVIATION ADMINISTRATION, BILLY NOLEN (Attachments: # 1 Exhibit 1- Hanson Declaration, # 2 Exhibit 2- Amended AR Index)(Cumming, Gregory) (Entered: 12/20/2023)

29

Dec 21, 2023

Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Margolis, Jared) (Entered: 12/21/2023)

Dec 27, 2023

MINUTE ORDER. Upon review of the 29 Joint Status Report, it is ORDERED that Defendants and Defendant-Intervenor file their responses to Plaintiffs' 27 motion on or before January 10, 2024 and that Plaintiffs file their reply on or before January 17, 2024. It is further ORDERED that the parties shall file a status report setting forth their joint proposal for further proceedings within 7 days after the Court rules on the 27 motion. So ORDERED by Judge Carl J. Nichols on December 27, 2023. (lccjn2) Modified to correct date on 12/28/2023 (ztl).

Order

Dec 27, 2023

.Order

Dec 27, 2023

Set/Reset Deadlines: Plaintiffs' Motion on or before January 10, 2023; Plaintiffs' reply on or before January 17, 2023. (ztl)

Set/Reset Deadlines

Dec 28, 2023

Set/Reset Deadlines

30

Jan 10, 2024

RESPONSE re 27 MOTION for Leave to File Supplemental Complaint filed by FEDERAL AVIATION ADMINISTRATION, BILLY NOLEN. (Cumming, Gregory) (Entered: 01/10/2024)

31

Jan 10, 2024

Memorandum in opposition to re 27 Motion for Leave to File, Supplemental Complaint filed by SPACE EXPLORATION TECHNOLOGIES CORP.. (Attachments: # 1 Declaration of Tyler Welti)(Welti, Tyler) (Entered: 01/10/2024)

32

Jan 17, 2024

REPLY to opposition to motion re 27 MOTION for Leave to File Supplemental Complaint filed by CENTER FOR BIOLOGICAL DIVERSITY. (Margolis, Jared) (Entered: 01/17/2024)

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