Wood v. National Park Service et al
| New York Eastern District Court | |
| Judge: | Nusrat Jahan Choudhury |
| Referred: | Anne Y Shields |
| Case #: | 2:23-cv-06249 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 05:551 Administrative Procedure Act |
| Case Filed: | Aug 18, 2023 |
| Terminated: | Jul 10, 2024 |
| Last checked: Thursday Feb 15, 2024 4:04 AM EST |
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Defendant
Debra Haaland
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Represented By
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Defendant
National Park Service
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Represented By
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Defendant
Alexcy Romero
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Represented By
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Plaintiff
Samuel Wood
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Represented By
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| Docket last updated: 7 hours ago |
| Wednesday, July 10, 2024 | ||
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order
Order Dismissing Case
Wed 07/10 9:20 AM
ORDER DISMISSING CASE: The case is dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) in light of the parties' Stipulation of Dismissal (ECF No.37 ), because Defendants have filed an Answer in this case (ECF No. 14). Case Closed. Ordered by Judge Nusrat J. Choudhury on 7/10/2024. (DE) |
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order
~Util - Terminate Civil Case
Thu 07/11 9:19 AM
Civil Case Terminated. (AMF) |
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| Tuesday, July 09, 2024 | ||
| 37 | 37
misc
Stipulation of Dismissal
Tue 07/09 11:20 AM
STIPULATION of Dismissal with Prejudice by Debra Haaland, National Park Service, Alexcy Romero (Knapp, James) |
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order
1 - Terminate Deadlines and Hearings
Tue 07/09 10:00 AM
ORDER The Court has reviewed the stipulation of dismissal. ECF No.36 . The parties are directed to refile a stipulation dated by both parties by July 10, 2024 . The status conference scheduled for today at 2 PM is adjourned sine die. Ordered by Judge Nusrat J. Choudhury on 7/9/2024. (DE) |
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| Monday, July 08, 2024 | ||
| 36 | 36
misc
Stipulation of Dismissal
Mon 07/08 4:26 PM
STIPULATION of Dismissal with Prejudice by Debra Haaland, National Park Service, Alexcy Romero (Knapp, James) |
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| Monday, June 24, 2024 | ||
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order
Order on Motion for Extension of Time to File Response/Reply ~Util - Set Scheduling Order Deadlines
Mon 06/24 1:47 PM
ORDER The Court has reviewed Plaintiff's letter advising that the parties have reached a settlement in principle and requesting that the summary judgment motion deadlines be held in abeyance so that the parties can finalize settlement paperwork. ECF No.35 . The Court notes that Plaintiff filed this request on the day the fully-briefed motion for summary judgment was due to be filed, following no less than three extensions of the briefing schedule in light of the parties' representations that they were engaged in settlement negotiations and needed more time. By July 8, 2024 the parties shall file either a stipulation of discontinuance or a fully briefed motion for summary judgment. There shall be no further extensions of this schedule. The parties shall appear before the Court for an in-person status conference on July 9, 2024 at 2 PM in Courtroom 930 in Central Islip to discuss any fully briefed motion for summary judgment. If the parties file a stipulation of discontinuance by the July 8, 2024, this status conference will be taken off the calendar. Ordered by Judge Nusrat J. Choudhury on 6/24/2024. (DE) |
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| Friday, June 21, 2024 | ||
| 35 | 35
motion
Extension of Time to File Response/Reply
Fri 06/21 5:15 PM
First MOTION for Extension of Time to File Response/Reply by Samuel Wood. (Sini, Timothy) |
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| Wednesday, June 12, 2024 | ||
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order
Order on Motion for Extension of Time to File
Wed 06/12 11:45 AM
ORDER The Court has reviewed the parties' joint request for a seven-day extension of the deadline to serve replies and file the motions for summary judgment. ECF No.34 . This is the parties' third request for an extension of the briefing schedule. In light of the parties' representations that they make this second extension request in order to engage in further settlement negotiations and dispose of the case without motion practice, the Court grants the request. Accordingly, the parties shall serve any replies and file their fully-briefed motions for summary judgment by June 21, 2024. Ordered by Judge Nusrat J. Choudhury on 6/12/2024. (DE) |
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| Tuesday, June 11, 2024 | ||
| 34 | 34
motion
Extension of Time to File Document
Tue 06/11 5:30 PM
Letter MOTION for Extension of Time to File to the Honorable Honorable Nusrat J. Choudhury, United States District Judge, jointly and respectfully submitted by the parties to request an additional 7-day extension of the parties' deadline to serve reply memoranda of law and file their respective fully-briefed motions for summary judgment pursuant to Fed. R. Civ. P. 56 by Debra Haaland, National Park Service, Alexcy Romero. (Knapp, James) |
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| Monday, May 13, 2024 | ||
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order
Order on Motion for Extension of Time to File
Mon 05/13 11:19 AM
ORDER The Court has reviewed Defendants' letter requesting, jointly with Plaintiff, a thirty-day extension of the briefing schedule on the parties' respective Motions for Summary Judgment. ECF No.33 . In light of the parties' representations that they make this second extension request in order to engage in further settlement negotiations, the Court grants the request. Accordingly, the parties shall serve any replies and file their fully-briefed motions for summary judgment by June 14, 2024. Ordered by Judge Nusrat J. Choudhury on 5/13/2024. (DE) |
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| Friday, May 10, 2024 | ||
| 33 | 33
misc
Letter
Fri 05/10 9:24 AM
Letter to the Honorable Honorable Nusrat J. Choudhury, United States District Judge, jointly and respectfully submitted by the parties to request a 30-day extension of the parties' deadline to serve reply memoranda of law and file their respective fully-briefed motions for summary judgment pursuant to Fed. R. Civ. P. 56 by Debra Haaland, National Park Service, Alexcy Romero (Knapp, James) |
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| Tuesday, April 30, 2024 | ||
| 32 | 32
misc
Letter
Tue 04/30 8:41 PM
Letter to Plaintiff's counsel enclosing Defendants' opposition to Plaintiff's motion for summary judgment by Debra Haaland, National Park Service, Alexcy Romero (Knapp, James) |
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| Tuesday, April 02, 2024 | ||
| 31 | 31
misc
Letter
Tue 04/02 11:20 PM
Letter to Plaintiff's counsel enclosing Defendants' motion for summary judgment by Debra Haaland, National Park Service, Alexcy Romero (Knapp, James) |
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| 30 | 30
misc
Letter
Tue 04/02 8:26 PM
Letter regarding service of Plaintiff's motion for summary judgment by Samuel Wood (Sini, Timothy) |
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| Thursday, March 28, 2024 | ||
| 29 | 29
misc
Declaration
Thu 03/28 2:55 PM
DECLARATION re19 Letter,25 Notice(Other) Certifying Administrative Record by Debra Haaland, National Park Service, Alexcy Romero (Knapp, James) |
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| Wednesday, March 13, 2024 | ||
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order
Order(Other)
Wed 03/13 10:05 AM
ORDER The Court has reviewed Defendants' request for a two week extension of time the motion for summary judgment briefing schedule. ECF No.28 . The request is timely and made on consent. Accordingly, the parties shall serve their motions by April 2, 2024; their responses by April 30, 2024; and their replies by May 14, 2024. The parties shall comply with the attached briefing schedule. The parties are directed to consult and comply with the Court's Individual Rules, including the Court's recommended bundling practice. See Individual Rule 5.2. Consequently, all briefing shall be filed with the Court no later than May 14, 2024 . There shall be no further extensions. Ordered by Judge Nusrat J. Choudhury on 3/13/2024. (DE) |
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| Tuesday, March 12, 2024 | ||
| 28 | 28
misc
Letter
Tue 03/12 3:43 PM
Letter to the Honorable Nusrat J. Choudhury, United States District Judge respectfully submitted on behalf of the parties to request a two-week extension of the parties' respective cross-motions for summary judgment by Debra Haaland, National Park Service, Alexcy Romero (Knapp, James) |
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| Friday, March 01, 2024 | ||
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order
Order on Motion for Pre Motion Conference
Fri 03/01 11:03 AM
ORDER The Court has reviewed the correspondence regarding (1) Plaintiff's request for a pre-motion conference regarding an upcoming motion for summary judgment or, in the alternative, discovery outside the administrative record, ECF Nos.22 ,23 , and (2) Defendants' request for a pre-motion conference regarding an upcoming motion for summary judgment, ECF Nos.24 ,25 , 26 ,27 . The Court finds that a pre-motion conference is not necessary at this time and waives the requirement. Additionally, the Court denies Plaintiff's request for discovery outside the administrative record. A district court in an APA action is "confined to the administrative record compiled by the agency when it made the decision. Nat'l Audubon Soc. v. Hoffman , 132 F.3d 7, 14 (2d Cir. 1997). This rule has two narrow exceptions: where there has been a "strong showing in support of a claim of bad faith" or where the absence of formal administrative findings necessitates external investigation to determine the reasons behind the agency's decision. Ali v. Pompeo , No. 16-CV-3691-KAM-SJB, 2018 WL 2058152, at *45 (E.D.N.Y. May 2, 2018). Plaintiff has not established that either exception applies here. Accordingly, the parties shall serve their motions for summary judgment on March 19, 2024, their responses on April 16, 2024, and their replies on April 30, 2024. The parties are directed to consult and comply with the Court's Individual Rules, including the Court's recommended bundling practice. See Individual Rule 5.2. Consequently, all briefing shall be filed with the Court no later than April 30, 2024 . Ordered by Judge Nusrat J. Choudhury on 3/1/2024. (DE) |
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| Friday, February 23, 2024 | ||
| 27 | 27
misc
Letter
Fri 02/23 2:27 PM
Letter response to Government's pre-motion letter by Samuel Wood (Sini, Timothy) |
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| Friday, February 16, 2024 | ||
| 25 | 25
notice
Notice(Other)
Fri 02/16 4:20 PM
NOTICE by Debra Haaland, National Park Service, Alexcy Romero of filing Supplement to the sealed Administrative Record (Knapp, James) |
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| 24 | 24
motion
Pre Motion Conference
Fri 02/16 4:16 PM
Letter MOTION for pre motion conference by Debra Haaland, National Park Service, Alexcy Romero. (Knapp, James) |
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| Monday, February 05, 2024 | ||
| 23 | 23
respm
Response in Opposition to Motion
Mon 02/05 8:53 PM
RESPONSE in Opposition re22 Letter MOTION for pre motion conference filed by All Defendants. (Knapp, James) |
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| Monday, January 29, 2024 | ||
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order
Order(Other)
Mon 01/29 2:41 PM
ORDER The Court has reviewed Plaintiff's request for a pre-motion conference on an anticipated motion for summary judgment, which seeks as alternative relief discovery outside the administrative record. ECF No.22 . Defendants shall file any response by February 5, 2024. Ordered by Judge Nusrat J. Choudhury on 1/29/2024. (DE) |
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| Tuesday, January 23, 2024 | ||
| 22 | 22
motion
Pre Motion Conference
Tue 01/23 4:24 PM
Letter MOTION for pre motion conference by Samuel Wood. (Sini, Timothy) |
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Att: 1
Declaration,
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Att: 2
Exhibit Exhibit 1,
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Att: 3
Rule 56.1 Statement
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| Wednesday, January 17, 2024 | ||
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order
Scheduling Order
Wed 01/17 3:01 PM
SCHEDULING ORDER: Any party seeking to make a dispositive motion shall initiate that process, consistent with the District Judge's Individual Rules, on or before February 16, 2024. So Ordered by Magistrate Judge Anne Y. Shields on 1/17/2024. (DM) |
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| Tuesday, January 16, 2024 | ||
| 21 | 21
misc
Letter
Tue 01/16 5:17 PM
Letter by Samuel Wood (Sini, Timothy) |
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order
Order on Motion for Leave to Electronically File Document under Seal
Tue 01/16 12:19 PM
ORDER granting18 Motion for Leave to Electronically File Document under Seal. As the request to seal is on consent, at this juncture, the motion is GRANTED. Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. So Ordered by Magistrate Judge Anne Y. Shields on 1/16/2024. (DM) |
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| Friday, January 12, 2024 | ||
| 19 | 19
misc
Letter
Fri 01/12 2:58 PM
Letter to the Honorable Anne Y. Shields, United States Magistrate Judge re Administrative Record by Debra Haaland, National Park Service, Alexcy Romero (Knapp, James) |
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| Thursday, January 11, 2024 | ||
| 18 | 18
motion
Leave to Electronically File Document under Seal
Thu 01/11 4:08 PM
Letter MOTION for Leave to Electronically File Document under Seal by Debra Haaland, National Park Service, Alexcy Romero. (Knapp, James) |
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| Tuesday, December 26, 2023 | ||
| 17 | 17
misc
Letter
Tue 12/26 5:14 PM
Letter to the Honorable Anne Y. Shields, United States Magistrate Judge re: administrative record by Debra Haaland, National Park Service, Alexcy Romero (Knapp, James) |
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| Wednesday, December 20, 2023 | ||
| 16 | 16
minutes
Initial Conference Hearing
Wed 12/20 1:56 PM
Minute Entry for proceedings held before Magistrate Judge Anne Y. Shields:Initial Conference Hearing held on 12/20/2023 (FTR Log #11:17-11:21.) (JT) |
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order
Scheduling Order
Wed 12/20 2:35 PM
SCHEDULING ORDER: This is a case brought pursuant to the Administrative Procedure Act, 5 U.S.C. 701. At the initial conference held today and upon review of the parties' joint letter it became clear that Plaintiff seeks discovery beyond the administrative record. Such discovery is denied at this time. First, the administrative record has not yet been produced. Therefore, any request for discovery to supplement that record is premature. Further where, as here the District Court will be called upon to decide the propriety of agency action, review is limited to the administrative record. See Ali v. Pompeo , 2018 WL 2058152, at *4 (E.D.N.Y. May 2, 2018). While discovery beyond the record may be available in very limited circumstances, the allegations of the complaint herein do not rise to the strong showing necessary to order discovery. The request for discovery is denied at this time without prejudice. By January 16, 2024, counsel are directed to provide this Court with a letter advising the Court when the administrative record will be produced and of the status of anticipated dispositive motion practice before the District Court. So Ordered by Magistrate Judge Anne Y. Shields on 12/20/2023. (DM) |
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| Monday, December 18, 2023 | ||
| 15 | 15
misc
Letter
Mon 12/18 9:29 PM
Letter to the Honorable Anne Y. Shields, United States Magistrate Judge, jointly submitted by the parties in advance of the initial conference by Debra Haaland, National Park Service, Alexcy Romero (Knapp, James) |
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| Friday, November 17, 2023 | ||
| 14 | 14
answer
Answer to Complaint
Fri 11/17 6:02 PM
ANSWER to1 Complaint, by All Defendants. (Knapp, James) |
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| Wednesday, October 25, 2023 | ||
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order
Order to Answer
Wed 10/25 10:52 AM
ORDER TO ANSWER. Upon Defendants' request, and with Plaintiff's consent, the date by which Defendants' time to answer or otherwise respond to the Complaint is EXTENDED to November 17, 2023. So Ordered by Magistrate Judge Anne Y. Shields on 10/25/2023. (DM) |
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| Tuesday, October 24, 2023 | ||
| 13 | 13
notice
Notice of Appearance
Tue 10/24 2:20 PM
NOTICE of Appearance by James H. Knapp on behalf of Debra Haaland, National Park Service, Alexcy Romero (aty to be noticed) (Knapp, James) |
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| 12 | 12
misc
Letter
Tue 10/24 2:05 PM
Letter to the Honorable Honorable Nusrat J. Choudhury, United States District Judge respectfully submitted on consent seeking an extension of time, until Nov. 17, 2023 to answer of otherwise respond to the complaint by Debra Haaland, National Park Service, Alexcy Romero (Knapp, James) |
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| Monday, October 23, 2023 | ||
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utility
Case Assigned/Reassigned
Mon 10/23 6:44 PM
Case Reassigned to Judge Nusrat Jahan Choudhury. Judge Gary R. Brown no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (KA) |
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| Thursday, October 19, 2023 | ||
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utility
Case Assigned/Reassigned
Thu 10/19 3:57 PM
Case Reassigned to Judge Nusrat Jahan Choudhury. Judge Gary R. Brown no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (KA) |
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| Thursday, September 21, 2023 | ||
| 11 | 11
order
Scheduling Order
Thu 09/21 10:04 AM
ORDER: An IN-PERSON Initial Conference is set for 12/20/2023 at 11:00 AM in Courtroom 840 before Magistrate Judge Anne Y. Shields. See order and attachment. Ordered by Magistrate Judge Anne Y. Shields on 9/21/2023. (JT) |
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Att: 1
AYS RULES
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| Friday, September 08, 2023 | ||
| 10 | 10
notice
Notice of Appearance
Fri 09/08 1:20 PM
NOTICE of Appearance by Neil Patrick Diskin on behalf of All Plaintiffs (aty to be noticed) (Diskin, Neil) |
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| Friday, September 01, 2023 | ||
| 9 | 9
service
Affidavit of Service
Fri 09/01 3:23 PM
AFFIDAVIT of Service for Affidavit of Service served on National Park Service on 8/23/23, filed by Samuel Wood. (Sini, Timothy) |
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| 8 | 8
service
Affidavit of Service
Fri 09/01 3:22 PM
AFFIDAVIT of Service for Affidavit of Service by Mail served on National Park Service on 8/22/23, filed by Samuel Wood. (Sini, Timothy) |
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| 7 | 7
service
Affidavit of Service
Fri 09/01 3:20 PM
AFFIDAVIT of Service for Affidavit of Service by Mail served on Debra Haaland on 8/22/23, filed by Samuel Wood. (Sini, Timothy) |
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| 6 | 6
service
Affidavit of Service
Fri 09/01 3:18 PM
AFFIDAVIT of Service for Affidavit of Service by Mail served on Alexcy Romero on 8/22/23, filed by Samuel Wood. (Sini, Timothy) |
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| 5 | 5
service
Affidavit of Service
Fri 09/01 3:16 PM
AFFIDAVIT of Service for Summons and Complaint served on Alexcy Romero on 8/23/23, filed by Samuel Wood. (Sini, Timothy) |
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| 4 | 4
service
Affidavit of Service
Fri 09/01 3:12 PM
AFFIDAVIT of Service for Summons and Complaint served on Debra Haaland on 8/23/23, filed by Samuel Wood. (Sini, Timothy) |
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| Monday, August 21, 2023 | ||
| 3 | 3
service
Summons Issued
Mon 08/21 4:30 PM
Summons Issued as to All Defendants. (CL) |
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Att: 1
Summons #2,
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Att: 2
Summons #3
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| 2 | 2
misc
Clerks Notice of Rule 73
Mon 08/21 3:54 PM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (CL) |
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misc
Quality Control Check - Attorney Case Opening
Mon 08/21 3:52 PM
This attorney case opening filing has been checked for quality control. (CL) |
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utility
Case Assigned/Reassigned
Mon 08/21 3:54 PM
Case Assigned to Judge Gary R. Brown and Magistrate Judge Anne Y. Shields. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (CL) |
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| Friday, August 18, 2023 | ||
| 1 | 1
cmp
Complaint
Fri 08/18 5:38 PM
COMPLAINT against Debra Haaland, National Park Service, Alexcy Romero filing fee $ 402, receipt number ANYEDC-17006759 Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Samuel Wood. (Sini, Timothy) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons - National Park Service,
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Att: 3
Proposed Summons - Debra Haaland,
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Att: 4
Proposed Summons - Alexcy Romero
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