SIERRA CLUB v. PERRY
District Of Columbia District Court | |
Judge: | Emmet G Sullivan |
Case #: | 1:17-cv-02700 |
Nature of Suit | 893 Other Statutes - Environmental Matters |
Cause | 05:0706 Judicial Review of Agency Actions |
Case Filed: | Dec 18, 2017 |
Terminated: | Apr 12, 2021 |
Last checked: Saturday Jun 16, 2018 5:52 AM EDT |
Defendant
RICK PERRY
|
Represented By
|
Plaintiff
SIERRA CLUB
|
Represented By
|
Docket last updated: 3 hours ago |
Wednesday, October 19, 2022 | ||
order
Order on Motion to Vacate
Wed 10/19 2:59 PM
MINUTE ORDER granting47 unopposed motion to vacate consent decree. It is further ORDERED that the Consent Decree, ECF No. 42, is VACATED in it entirety, and this case is DISMISSED. Signed by Judge Emmet G. Sullivan on 10/19/2022. (lcegs1) |
||
Friday, October 14, 2022 | ||
47 | 47
![]() Unopposed MOTION to Vacate Consent Decree by JENNIFER M. GRANHOLM.(Tepe, Sean) |
|
Att: 1
![]() |
||
Thursday, November 11, 2021 | ||
46 | 46
![]() NOTICE OF SUBSTITUTION OF COUNSEL by Sean Michael Tepe on behalf of RICK PERRY Substituting for attorney Johnny Walker (Tepe, Sean) |
|
Monday, March 15, 2021 | ||
order
.Order
Mon 03/15 2:40 PM
MINUTE ORDER treating45 stipulation as a motion and granting the relief requested. The parties are reminded that, pursuant to paragraph 11 of the Court's5 Standing Order governing civil cases, extensions or enlargements of time will only be granted upon motion, and not upon stipulation by the parties. It is FURTHER ORDERED that Paragraphs 2 and 3 of the Consent Decree, ECF No. 42, are hereby VACATED and SUPERSEDED by the following text, with the remaining text of the Consent Decree to remain unchanged: 2. Not later than August 16, 2021, DOE shall sign a Federal Register notice proposing standards for energy efficiency in manufactured housing pursuant to 42 U.S.C. § 17071. Within five business days after the signing of this notice, DOE shall post a copy of the notice on the Department's website, thereby making that document publicly available. Further, DOE shall deliver the notice within 30 days after signing the notice to the Office of the Federal Register for publication. Following delivery of the notice to the Office of the Federal Register, DOE shall not take any action (other than as necessary to correct any typographical error or other errors in form) to delay publication of the notice or withdraw the notice from publication in the Federal Register. 3. Not later than May 16, 2022, DOE shall sign a Federal Register notice taking final action to establish standards for energy efficiency in manufactured housing pursuant to 42 U.S.C. § 17071. Within five business days after the signing of this notice, DOE shall post a copy of the notice on the Department's website, thereby making that document publicly available. Further, DOE shall deliver the notice within 30 days after signing the notice to the Office of the Federal Register for publication. Following delivery of the notice to the Office of the Federal Register, DOE shall not take any action (other than as necessary to correct any typographical error or other errors in form) to delay publication of the notice or withdraw the notice from publication in the Federal Register. Signed by Judge Emmet G. Sullivan on 3/15/2021. (lcegs3) |
||
Friday, February 26, 2021 | ||
45 | 45
![]() STIPULATION re42 Consent Decree by RICK PERRY. (Walker, Johnny) |
|
Tuesday, February 25, 2020 | ||
44 | 44
![]() NOTICE of Change of Address by Timothy David Ballo (Ballo, Timothy) |
|
Monday, December 02, 2019 | ||
43 | 43
![]() Joint STATUS REPORT by SIERRA CLUB. (Ballo, Timothy) |
|
Friday, November 22, 2019 | ||
42 | 42
![]() CONSENT DECREE. Signed by Judge Emmet G. Sullivan on 11/21/19. (mac) |
|
41 | 41
![]() ORDER That The Court Will Sign And Enter As An Order Of The Court The Consent Decree Submitted With Motion. Signed by Judge Emmet G. Sullivan on 11/21/19. (mac) |
|
Wednesday, November 20, 2019 | ||
40 | 40
![]() Unopposed MOTION for Leave to File Consent Decree by SIERRA CLUB(Ballo, Timothy) |
|
Att: 1
![]() |
||
Att: 2
![]() |
||
Thursday, October 31, 2019 | ||
utility
Set/Reset Deadlines
Thu 10/31 8:13 AM
Set/Reset Deadlines: Joint Status Report due by 12/2/2019. (mac) |
||
Wednesday, October 30, 2019 | ||
39 | 39
![]() STATUS REPORT by SIERRA CLUB. (Ballo, Timothy) |
|
order
.Order
Wed 10/30 5:58 PM
MINUTE ORDER. In view of the39 Joint Status Report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than December 2, 2019. Signed by Judge Emmet G. Sullivan on 10/30/2019. (lcegs3) |
||
Tuesday, October 01, 2019 | ||
utility
Set/Reset Deadlines
Tue 10/01 8:42 AM
Set/Reset Deadlines: Stipulation Or Joint Status Report due by 10/30/2019. (mac) |
||
Monday, September 30, 2019 | ||
38 | 38
![]() Joint STATUS REPORT by SIERRA CLUB. (Ballo, Timothy) |
|
order
.Order
Mon 09/30 5:20 PM
MINUTE ORDER. In view of the38 Joint Status Report, the parties are directed to file another joint status report by no later than October 30, 2019. In the event that the parties finalize the settlement agreement and agree to dismiss this case before October 30, 2019, the parties shall file an appropriate stipulation. Signed by Judge Emmet G. Sullivan on 9/30/2019. (lcegs3) |
||
Friday, August 30, 2019 | ||
order
.Order
Fri 08/30 12:13 PM
MINUTE ORDER. In view of the37 Joint Status Report that states the parties need additional time to engage in settlement discussions, the parties are directed to file another joint status report by no later than September 30, 2019. In the event that the parties finalize the settlement agreement and agree to dismiss this case before September 30, 2019, the parties shall file an appropriate stipulation. Signed by Judge Emmet G. Sullivan on 8/30/2019. (lcegs3) |
||
utility
Set/Reset Deadlines
Fri 08/30 12:26 PM
Set/Reset Deadlines: Joint Status Report due by 9/30/2019. (mac) |
||
Thursday, August 29, 2019 | ||
37 | 37
![]() Joint STATUS REPORT by RICK PERRY. (Walker, Johnny) |
|
Monday, July 29, 2019 | ||
order
.Order
Mon 07/29 10:28 AM
MINUTE ORDER. In view of the36 Joint Status Report, the parties are directed to file another joint status report by no later than August 30, 2019. Signed by Judge Emmet G. Sullivan on 7/29/2019. (lcegs3) |
||
utility
Set/Reset Deadlines
Mon 07/29 1:37 PM
Set/Reset Deadlines: Joint Status Report due by 8/30/2019. (mac) |
||
Friday, July 26, 2019 | ||
36 | 36
![]() Joint STATUS REPORT by RICK PERRY. (Walker, Johnny) |
|
Thursday, June 27, 2019 | ||
35 | 35
![]() Joint STATUS REPORT by SIERRA CLUB. (Ballo, Timothy) |
|
order
.Order
Thu 06/27 2:12 PM
MINUTE ORDER. In view of35 Joint Status Report, the parties are directed to file another joint status report by no later than July 29, 2019. Signed by Judge Emmet G. Sullivan on 6/27/2019. (lcegs3) |
||
utility
Set/Reset Deadlines
Thu 06/27 3:06 PM
Set/Reset Deadlines: Joint Status Report due by 7/29/2019. (mac) |
||
Wednesday, May 29, 2019 | ||
utility
Set/Reset Deadlines
Wed 05/29 9:30 AM
Set/Reset Deadlines: Joint Status Report due by 6/28/2019. (mac) |
||
Tuesday, May 28, 2019 | ||
34 | 34
![]() Joint STATUS REPORT by SIERRA CLUB. (Johnson, Seth) |
|
order
.Order
Tue 05/28 5:56 PM
MINUTE ORDER. In view of34 Joint Status Report, the parties are directed to file another joint status report by no later than June 28, 2019. Signed by Judge Emmet G. Sullivan on 5/28/2019. (lcegs3) |
||
Thursday, April 25, 2019 | ||
order
.Order
Thu 04/25 3:20 PM
MINUTE ORDER. In view of the33 Joint Status Report, the parties are directed to file another joint status report by no later than May 27, 2019. Signed by Judge Emmet G. Sullivan on 4/25/2019. (lcegs3) |
||
utility
Set/Reset Deadlines
Thu 04/25 4:19 PM
Set/Reset Deadlines: Joint Status Report due by 5/27/2019. (mac) |
||
Wednesday, April 24, 2019 | ||
33 | 33
![]() Joint STATUS REPORT by RICK PERRY. (Walker, Johnny) |
|
Wednesday, March 27, 2019 | ||
order
.Order
Wed 03/27 11:07 AM
MINUTE ORDER. In view of the parties'32 Joint Status Report, the parties are directed to file another joint status report by no later than April 25, 2019, updating the Court on the outcome of their meeting about the U.S. Department of Energy's current rulemaking efforts regarding energy efficiency standards for manufactured homes. Signed by Judge Emmet G. Sullivan on 3/27/2019. (lcegs3) |
||
utility
Set/Reset Deadlines
Wed 03/27 11:15 AM
Set/Reset Deadlines: Joint Status Report due by 4/25/2019. (mac) |
||
Tuesday, March 26, 2019 | ||
32 | 32
![]() Joint STATUS REPORT by RICK PERRY. (Walker, Johnny) |
|
Wednesday, March 13, 2019 | ||
utility
Set/Reset Deadlines
Wed 03/13 8:41 AM
Set/Reset Deadlines: Joint Status Report due by 3/26/2019. (mac) |
||
Tuesday, March 12, 2019 | ||
31 | 31
![]() MEMORANDUM AND OPINION. Signed by Judge Emmet G. Sullivan on 3/12/2019. (lcegs3) |
|
30 | 30
![]() ORDER denying18 Defendant's Motion to Dismiss for Lack of Jurisdiction. It is FURTHER ORDERED that the parties shall, by no later than March 26, 2019, submit a joint status report with a recommendation for further proceedings. If the parties are unable to agree on a joint recommendation, they shall submit separate recommendations in the same joint status report. Signed by Judge Emmet G. Sullivan on 3/12/2019. (lcegs3) |
|
Thursday, August 16, 2018 | ||
order
.Order
Thu 08/16 5:39 PM
MINUTE ORDER granting27 defendant's motion to hold in abeyance23 plaintiff's motion for partial summary judgment. The Court has broad authority to control the disposition of the cases on its docket. See Landis v. N. Am. Co., 299 U.S. 248, 254-55 (1936). The Court cannot agree with plaintiff that allowing the parties to brief summary judgment maximizes efficiency, especially because the Court must first assure itself of jurisdiction. See, e.g., Furniture Brands Int'l Inc. v. U.S. Int'l Trade Comm'n, No. 11-202, 2011 WL 10959877, at *1 (D.D.C. Apr. 8, 2011) ("[St]aying further briefing of the plaintiff's summary judgment motion will allow the parties to avoid the unnecessary expense, the undue burden, and the expenditure of time to brief a motion that the Court may not decide."). Therefore, the Court DENIES WITHOUT PREJUDICE23 plaintiff's motion for partial summary judgment. Plaintiff may refile its motion for summary judgment, assuming the Court denies the defendant's pending motion to dismiss. Signed by Judge Emmet G. Sullivan on 8/16/2018. (lcegs3) |
||
Wednesday, August 15, 2018 | ||
29 | 29
![]() RESPONSE re Order, dated August 2, 2018, filed by RICK PERRY. (Walker, Johnny) |
|
Thursday, August 02, 2018 | ||
order
.Order
Thu 08/02 9:58 AM
MINUTE ORDER directing defendant to respond to28 plaintiff's arguments that liability is conceded in this case by no later than August 15, 2018. Defendant's response shall be no longer than 5 pages. Signed by Judge Emmet G. Sullivan on 8/2/2018. (lcegs3) |
||
utility
Set/Reset Deadlines
Thu 08/02 10:59 AM
Set/Reset Deadlines: Defendant Response To28 Plaintiff's Arguments That Liability Is Conceded In This Case due by 8/15/2018. (mac) |
||
Friday, July 27, 2018 | ||
28 | 28
![]() RESPONSE re27 MOTION to Hold in Abeyance re23 MOTION for Partial Summary Judgment on Standing and Liability and Request for a Hearing filed by SIERRA CLUB. (Ballo, Timothy) |
|
Friday, July 20, 2018 | ||
27 | 27
![]() MOTION to Hold in Abeyance re23 MOTION for Partial Summary Judgment on Standing and Liability and Request for a Hearing by RICK PERRY(Walker, Johnny) |
|
Att: 1
![]() |
||
26 | 26
![]() REPLY to opposition to motion re18 MOTION to Dismiss for Lack of Jurisdiction filed by RICK PERRY. (Walker, Johnny) |
|
Thursday, July 05, 2018 | ||
order
Order on Motion for Extension of Time to File Response/Reply
Thu 07/05 11:15 AM
MINUTE ORDER granting in part24 government's motion for extension of time. In light of the plaintiff's lack of opposition, the government shall file a reply in support of its motion to dismiss by July 20, 2018. It is further ordered that the government shall file a motion to hold summary judgment briefing in abeyance pending resolution of its motion to dismiss. The government's motion shall be no longer than 7 pages and shall be filed by no later than July 20, 2018. The plaintiff shall respond to that motion by no later than July 30, 2018. Its opposition shall be no longer than 7 pages. It is therefore ORDERED that the summary judgment briefing schedule is temporarily stayed pending resolution of the government's forthcoming motion to holding summary judgment briefing in abeyance. Signed by Judge Emmet G. Sullivan on 7/5/2018. (lcegs3) |
||
utility
Set/Reset Deadlines/Hearings
Thu 07/05 4:35 PM
Set/Reset Deadlines/Hearings: Reply to18 due by7/20/2018. Motion to hold summary judgment briefing in abeyance due by 7/20/2018. Response due by 7/30/2018. (zcdw) |
||
Tuesday, July 03, 2018 | ||
25 | 25
![]() RESPONSE re24 MOTION for Extension of Time to File Response/Reply as to23 MOTION for Partial Summary Judgment on Standing and Liability and Request for a Hearing ,18 MOTION to Dismiss for Lack of Jurisdiction filed by SIERRA CLUB.(Ballo, Timothy) |
|
Att: 1
![]() |
||
Monday, July 02, 2018 | ||
24 | 24
![]() MOTION for Extension of Time to File Response/Reply as to23 MOTION for Partial Summary Judgment on Standing and Liability and Request for a Hearing ,18 MOTION to Dismiss for Lack of Jurisdiction by RICK PERRY(Walker, Johnny) |
|
Att: 1
![]() |
||
Friday, June 29, 2018 | ||
23 | 23
![]() MOTION for Partial Summary Judgment on Standing and Liability and Request for a Hearing by SIERRA CLUB(Ballo, Timothy) |
|
Att: 1
![]() |
||
Att: 2
![]() |
||
22 | 22
![]() RESPONSE re18 MOTION to Dismiss for Lack of Jurisdiction filed by SIERRA CLUB.(Ballo, Timothy) |
|
Att: 1
![]() |
||
Att: 2
![]() |
||
Wednesday, June 06, 2018 | ||
21 | 21
order
Order on Motion to Clarify
Wed 06/06 3:45 PM
MINUTE ORDER granting20 Motion to Clarify. When granting19 the plaintiff's unopposed motion for extension of time, the Court intended to extend the plaintiff's deadline to June 29, 2018, but inadvertently extended the deadline to June 12, 2018. The Court clarifies that the plaintiff's deadline to file its response is June 29, 2018. Signed by Judge Emmet G. Sullivan on 6/6/2018. (lcegs3) |
|
20 | 20
![]() Consent MOTION to Clarify re Order on Motion for Extension of Time to File Response/Reply, by SIERRA CLUB(Ballo, Timothy) |
|
Att: 1
![]() |
||
order
Order on Motion for Extension of Time to File Response/Reply
Wed 06/06 10:50 AM
MINUTE ORDER granting19 plaintiff's unopposed motion for extension of time to file response to defendant's motion to dismiss. Plaintiff shall therefore file its response by June 12, 2018. Signed by Judge Emmet G. Sullivan on 6/6/2018. (lcegs3) |
||
utility
Set/Reset Deadlines
Wed 06/06 1:02 PM
Set/Reset Deadlines: Plaintiff Response to Defendants' Motion for Summary Judgment due by 6/12/2018. (mac) |
||
utility
Set/Reset Deadlines
Wed 06/06 3:57 PM
Set/Reset Deadlines: Plaintiff's Responses due by 6/29/2018. (mac) |
||
Tuesday, June 05, 2018 | ||
19 | 19
![]() MOTION for Extension of Time to File Response/Reply as to18 MOTION to Dismiss for Lack of Jurisdiction by SIERRA CLUB(Ballo, Timothy) |
|
Att: 1
![]() |
||
Tuesday, May 29, 2018 | ||
18 | 18
![]() MOTION to Dismiss for Lack of Jurisdiction by RICK PERRY(Walker, Johnny) |
|
Att: 1
![]() |
||
Att: 2
![]() |
||
Sunday, May 27, 2018 | ||
utility
Set/Reset Deadlines
Sun 05/27 2:47 PM
Set/Reset Deadlines: Defendant is ordered to answer or otherwise respond to the amended complaint by 5/29/2018. (jth) |
||
Friday, May 25, 2018 | ||
order
Order on Motion for Extension of Time to Answer
Fri 05/25 12:06 PM
MINUTE ORDER granting17 defendant's consent motion for extension of time to respond to the plaintiff's amended complaint. The defendant is therefore ordered to answer or otherwise respond to the amended complaint by no later than May 29, 2018. Signed by Judge Emmet G. Sullivan on 5/25/2018. (lcegs3) |
||
Tuesday, May 22, 2018 | ||
17 | 17
![]() Consent MOTION for Extension of Time to File Answer by RICK PERRY(Walker, Johnny) |
|
Att: 1
![]() |
||
Friday, May 04, 2018 | ||
utility
Set/Reset Deadlines
Fri 05/04 9:31 AM
Set/Reset Deadlines: Defendant Answer Or Otherwise Response To The Amended Complaint due by 5/28/2018. (mac) |
||
Thursday, May 03, 2018 | ||
order
Order on Motion to Dismiss/Lack of Jurisdiction Order on Motion for Extension of Time to Answer
Thu 05/03 6:02 PM
MINUTE ORDER granting16 the defendant's consent motion for extension of time to respond to the plaintiff's amended complaint. It is therefore ordered that the defendant shall answer or otherwise respond to the amended complaint by no later than May 28, 2018. In view of14 the plaintiff's amended complaint,12 the defendant's motion to dismiss is denied as moot. Signed by Judge Emmet G. Sullivan on 5/3/2018. (lcegs3) |
||
Wednesday, May 02, 2018 | ||
16 | 16
![]() Consent MOTION for Extension of Time to File Answer re14 Amended Complaint by RICK PERRY(Walker, Johnny) |
|
Att: 1
![]() |
||
Monday, April 30, 2018 | ||
15 | 15
![]() RESPONSE re12 MOTION to Dismiss for Lack of Jurisdiction filed by SIERRA CLUB.(Ballo, Timothy) |
|
Att: 1
![]() |
||
Att: 2
![]() |
||
Monday, April 23, 2018 | ||
14 | 14
![]() AMENDED COMPLAINT against RICK PERRY filed by SIERRA CLUB.(Ballo, Timothy) |
|
Att: 1
![]() |
||
Friday, April 06, 2018 | ||
order
Order on Motion for Extension of Time to File Response/Reply
Fri 04/06 6:03 PM
MINUTE ORDER granting13 unopposed motion for extension of time to file response to defendant's motion to dismiss. Plaintiff shall therefore file its response to defendant's motion to dismiss by April 30, 2018. Signed by Judge Emmet G. Sullivan on 4/6/2018. (lcegs3) |
||
Wednesday, April 04, 2018 | ||
13 | 13
![]() Unopposed MOTION for Extension of Time to File Response/Reply as to12 MOTION to Dismiss for Lack of Jurisdiction by SIERRA CLUB(Ballo, Timothy) |
|
Att: 1
![]() |
||
Monday, April 02, 2018 | ||
12 | 12
![]() MOTION to Dismiss for Lack of Jurisdiction by RICK PERRY(Walker, Johnny) |
|
Att: 1
![]() |
||
Att: 2
![]() |
||
Friday, March 16, 2018 | ||
utility
Set/Reset Deadlines
Fri 03/16 8:49 AM
Set/Reset Deadlines: ADefendant Answer Or Otherwise Response To The Complaint due by 4/2/2018. (mac) |
||
Thursday, March 15, 2018 | ||
order
Order on Motion for Extension of Time to Answer
Thu 03/15 7:27 PM
MINUTE ORDER granting11 defendant's unopposed motion for extension of time to file answer. The defendant shall therefore answer or otherwise respond to the plaintiff's complaint by April 2, 2018. Signed by Judge Emmet G. Sullivan on 3/15/2018. (lcegs3) |
||
Wednesday, March 14, 2018 | ||
11 | 11
![]() Unopposed MOTION for Extension of Time to File Answer by RICK PERRY(Walker, Johnny) |
|
Att: 1
![]() |
||
Friday, February 23, 2018 | ||
utility
Set/Reset Deadlines
Fri 02/23 8:51 AM
Set/Reset Deadlines: Defendant Answer Or Otherwise Response To The Complaint due by 3/19/2018. (mac) |
||
Thursday, February 22, 2018 | ||
10 | 10
![]() Consent MOTION for Extension of Time to File Answer re1 Complaint, by RICK PERRY(Walker, Johnny) |
|
Att: 1
![]() |
||
order
Order on Motion for Extension of Time to Answer
Thu 02/22 5:51 PM
MINUTE ORDER granting10 defendant's consent motion for extension of time to file answer to plaintiff's complaint. The defendant shall therefore answer or otherwise respond to the complaint by March 19, 2018. Signed by Judge Emmet G. Sullivan on 2/22/2018. (lcegs3) |
||
Wednesday, January 03, 2018 | ||
9 | 9
![]() RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/26/2017. Answer due for ALL FEDERAL DEFENDANTS by 2/24/2018. (Ballo, Timothy) |
|
8 | 8
![]() RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. RICK PERRY served on 12/26/2017 (Ballo, Timothy) |
|
7 | 7
![]() RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/26/2017. (Ballo, Timothy) |
|
Tuesday, January 02, 2018 | ||
6 | 6
![]() NOTICE of Appearance by Johnny Hillary Walker, III on behalf of RICK PERRY (Walker, Johnny) |
|
Wednesday, December 20, 2017 | ||
5 | 5
![]() STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 12/20/17. (Attachment: #1 Exhibit 1) (mac) |
|
4 | 4
![]() SUMMONS (3) Issued Electronically as to RICK PERRY, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(zsb) |
|
utility
Case Assigned/Reassigned
Wed 12/20 10:20 AM
Case Assigned to Judge Emmet G. Sullivan. (zsb) |
||
Monday, December 18, 2017 | ||
3 | 3
![]() NOTICE of Appearance by Seth L. Johnson on behalf of SIERRA CLUB (Johnson, Seth) |
|
2 | 2
![]() Corporate Disclosure Statement by SIERRA CLUB. (Ballo, Timothy) |
|
1 | 1
![]() COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400 receipt number 0090-5253256) filed by SIERRA CLUB.(Ballo, Timothy) |
|
Att: 1
![]() |
||
Att: 2
![]() |
||
Att: 3
![]() |
||
Att: 4
![]() |