Pennsylvania Eastern District Court
Judge:Gene Ek Pratter
Case #: 2:18-cv-04508
Nature of Suit899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision
Cause42:4321 Review of Agency Action-Environment
Case Filed:Oct 22, 2018
Terminated:Aug 21, 2020
Last checked: Saturday Apr 20, 2019 4:43 AM EDT
Defendant
FEDERAL HIGHWAY ADMINISTRATION
Represented By
RICHARD M. BERNSTEIN
U.S. Attorney'S Office
contact info
Defendant
GREGORY G. NADEUA
Represented By
RICHARD M. BERNSTEIN
U.S. Attorney'S Office
contact info
Defendant
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
Represented By
KENDA JO M. GARDNER
Pa Dept Of Transportation
contact info
Defendant
LESLIE RICHARDS
Represented By
KENDA JO M. GARDNER
Pa Dept Of Transportation
contact info
Plaintiff
DELAWARE RIVERKEEPER NETWORK
Represented By
AARON STEMPLEWICZ
Delaware Riverkeeper Network
contact info
Plaintiff
THE DELAWARE RIVERKEEPER
Represented By
AARON STEMPLEWICZ
Delaware Riverkeeper Network
contact info
Plaintiff
MAYA VAN ROSSUM
Represented By
AARON STEMPLEWICZ
Delaware Riverkeeper Network
contact info

GPO Aug 21 2020
MEMORANDUM. SIGNED BY HONORABLE GENE E.K. PRATTER ON 8/20/20. 8/24/20 ENTERED AND COPIES E-MAILED.(amas, )
GPO Aug 21 2020
MEMORANDUM ORDER THAT PLAINTIFFS' CROSS MOTION FOR SUMMARY JUDGMENT (DOC. NO. 17) IS DENIED. DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT (DOC. NOS. 12 AND 15) ARE GRANTED AND PLAINTIFFS' CLAIMS ARE DISMISSED WITH PREJUDICE. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR ALL PURPOSES, INCLUDING STATISTICS. SIGNED BY HONORABLE GENE E.K. PRATTER ON 8/20/20. 8/24/20 ENTERED AND COPIES E-MAILED.(amas, )

Docket last updated: 4 hours ago
Friday, August 21, 2020
39 39 1 pgs order Order Mon 08/24 12:08 PM
ORDER THAT JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFFS. SIGNED BY HONORABLE GENE E.K. PRATTER ON 8/20/20. 8/24/20 ENTERED AND COPIES E-MAILED.(amas, )
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38 38 1 pgs order Memorandum and/or Opinion Order Mon 08/24 12:06 PM
MEMORANDUM ORDER THAT PLAINTIFFS' CROSS MOTION FOR SUMMARY JUDGMENT (DOC. NO.17 ) IS DENIED. DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT (DOC. NOS.12 AND15 ) ARE GRANTED AND PLAINTIFFS' CLAIMS ARE DISMISSED WITH PREJUDICE. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR ALL PURPOSES, INCLUDING STATISTICS. SIGNED BY HONORABLE GENE E.K. PRATTER ON 8/20/20. 8/24/20 ENTERED AND COPIES E-MAILED.(amas, )
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37 37 80 pgs order Memorandum and/or Opinion Mon 08/24 12:04 PM
MEMORANDUM. SIGNED BY HONORABLE GENE E.K. PRATTER ON 8/20/20. 8/24/20 ENTERED AND COPIES E-MAILED.(amas, )
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Tuesday, December 17, 2019
36 36 misc Praecipe/Request Tue 12/17 2:37 PM
Withdrawal of Appearance by DELAWARE RIVERKEEPER NETWORK, THE DELAWARE RIVERKEEPER, MAYA VAN ROSSUM. (YEAGER, JORDAN)
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35 35 misc Praecipe/Request Tue 12/17 2:29 PM
Entry of Appearance by DELAWARE RIVERKEEPER NETWORK, THE DELAWARE RIVERKEEPER, MAYA VAN ROSSUM. (FREED, MARK)
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Friday, November 22, 2019
34 34 respm Response in Support of Motion Fri 11/22 3:05 PM
RESPONSE in Support re15 MOTION for Summary Judgment Supplemental Brief filed by PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, LESLIE RICHARDS. (GARDNER, KENDA JO)
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33 33 respm Response in Opposition to Motion Fri 11/22 2:41 PM
RESPONSE in Opposition re12 MOTION for Summary Judgment ,15 MOTION for Summary Judgment and in Support of 17 MOTION for Summary Judgment filed by DELAWARE RIVERKEEPER NETWORK, THE DELAWARE RIVERKEEPER, MAYA VAN ROSSUM. (YEAGER, JORDAN)
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32 32 respm Response in Support of Motion Fri 11/22 8:21 AM
RESPONSE in Support re12 MOTION for Summary Judgment (Supplemental filed by FEDERAL HIGHWAY ADMINISTRATION, GREGORY G. NADEUA. (BERNSTEIN, RICHARD)
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Monday, November 18, 2019
31 31 misc Transcript - RESTRICTED Mon 11/18 4:34 PM
Transcript of SUMMARY JUDGMENT MOTION HEARING held on 11/1/2019, before Judge GENE E.K, PRATTER. Court Reporter/Transcriber KATHLEEN FELDMAN. (amas)
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Wednesday, October 30, 2019
30 30 notice Notice of Hearing on Motion Wed 10/30 8:46 AM
NOTICE RESCHEDULING Hearing on Motion12 MOTION for Summary Judgment ,15 MOTION for Summary Judgment : ORAL ARGUMENT IS NOW SET FOR 11/1/2019 AT 3:00 PM IN COURTROOM 10B BEFORE THE HONORABLE GENE E.K. PRATTER.(sfl, )
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Monday, October 28, 2019
29 29 notice Notice of Hearing on Motion Mon 10/28 10:31 AM
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Monday, September 30, 2019
28 28 notice Notice of Hearing on Motion Mon 09/30 2:50 PM
NOTICE RESCHEDULING Hearing on Motions12 MOTION for Summary Judgment , and15 MOTION for Summary Judgment : ORAL ARGUMENT IS NOW SET FOR 10/31/2019 AT 3:30 PM IN COURTROOM 10B BEFORE THE HONORABLE GENE E.K. PRATTER.(sfl, )
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utility Set/Reset Scheduling Order Deadlines Mon 09/30 2:52 PM
Set/Reset Scheduling Order Deadlines: THE FINAL PRETRIAL CONFERENCE IS SET FOR 10/31/2019 AT 3:30 PM IN COURTROOM 10B BEFORE THE HONORABLE GENE E.K. PRATTER. (sfl, )
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Monday, July 15, 2019
27 27 1 pgs order Order Mon 07/15 11:44 AM
ORDERED THAT THE DEADLINES FOR THE EXHANGE OF TRIAL EXHIBITS AND THE SUBMISSION OF PRETRIAL MEMORANDA, THE FINAL PRETRIAL CONFERENCE AND THE TRIAL POOL DATE, AS SET FORTH IN THE COURT'S AMENDED SCHEDULING ORDER (DOCKET NO. 10) SHALL BE CANCELLED. SIGNED BY HONORABLE GENE E.K. PRATTER ON 7/12/19. 7/15/19 ENTERED AND COPIES E-MAILED.(rab, )
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Thursday, June 27, 2019
26 26 notice Notice of Hearing on Motion Thu 06/27 10:20 AM
NOTICE OF HEARING on Motion12 MOTION for Summary Judgment ,15 MOTION for Summary Judgment . ORAL ARGUMENT IS SET FOR 10/4/2019 AT 11:00 AM IN COURTROOM 10B BEFORE THE HONORABLE GENE E.K. PRATTER.(sfl, )
Related: [-]
utility Set/Reset Scheduling Order Deadlines Thu 06/27 10:22 AM
Set/Reset Scheduling Order Deadlines: FINAL PRETRIAL CONFERENCE SET FOR 10/4/2019 AT 11:00 AM IN COURTROOM 10B BEFORE THE HONORABLE GENE E.K. PRATTER. TRIAL POOL SET FOR 10/8/2019. (sfl, )
Related: [-]
Wednesday, June 26, 2019
25 25 respm Response in Support of Motion Wed 06/26 10:47 AM
RESPONSE in Support re15 MOTION for Summary Judgment filed by PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, LESLIE RICHARDS. (GARDNER, KENDA JO)
Related: [-]
Monday, June 24, 2019
24 24 respm Response in Support of Motion Mon 06/24 12:05 PM
RESPONSE in Support re12 MOTION for Summary Judgment filed by FEDERAL HIGHWAY ADMINISTRATION. (BERNSTEIN, RICHARD)
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23 23 1 pgs order Order on Motion for Leave to File Mon 06/24 10:52 AM
ORDER granting21 MOTION FOR LEAVE TO FILE; granting22 MOTION FOR LEAVE TO FILE. THE FEDERAL HIGHWAY ADMINISTRATION, THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, AND LESLIE S. RICHARDS MAY FILE THEIR REPLY BRIEFS ON OR BEFORE JUNE 28, 2019. SIGNED BY HONORABLE GENE E.K. PRATTER ON 6/21/19.6/24/19 ENTERED AND COPIES E-MAILED.(rab, )
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utility Set Motion and R&R Deadlines/Hearings Mon 06/24 10:56 AM
Set/Reset Deadlines as to12 MOTION for Summary Judgment ,15 MOTION for Summary Judgment . REPLIES DUE BY 6/28/2019. (rab, )
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Friday, June 21, 2019
22 22 motion Leave to File Document Fri 06/21 8:55 AM
MOTION for Leave to File Reply Brief filed by PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, LESLIE RICHARDS.Motion for Leave to File Reply Brief.(GARDNER, KENDA JO)
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21 21 motion Leave to File Document Fri 06/21 8:52 AM
MOTION for Leave to File Reply Brief filed by FEDERAL HIGHWAY ADMINISTRATION.Memorandum in Support, Certificate of Service.(BERNSTEIN, RICHARD)
Related: [-]
Att: 1 Brief Reply Brief in Support of Motion of Defendant Federal Highway Administration for Summary Judgment
Monday, June 10, 2019
20 20 notice Notice of Withdrawal of Appearance Mon 06/10 11:21 AM
NOTICE of Withdrawal of Appearance by AARON STEMPLEWICZ on behalf of DELAWARE RIVERKEEPER NETWORK, THE DELAWARE RIVERKEEPER, MAYA VAN ROSSUM(STEMPLEWICZ, AARON)
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Monday, June 03, 2019
19 19 notice Notice of Appearance Mon 06/03 4:49 PM
NOTICE of Appearance by JORDAN B. YEAGER on behalf of DELAWARE RIVERKEEPER NETWORK, THE DELAWARE RIVERKEEPER, MAYA VAN ROSSUM with Certificate of Service(YEAGER, JORDAN)
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Thursday, May 30, 2019
18 18 1 pgs order Order on Motion for Leave to File Thu 05/30 4:19 PM
ORDER granting16 MOTION FOR LEAVE TO FILE. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 5/29/2019.5/30/2019 ENTERED AND COPIES E-MAILED.(sfl, )
Related: [-]
17 17 respm Response in Opposition to Motion Thu 05/30 3:50 PM
RESPONSE in Opposition re12 MOTION for Summary Judgment ,15 MOTION for Summary Judgment filed by DELAWARE RIVERKEEPER NETWORK, THE DELAWARE RIVERKEEPER, MAYA VAN ROSSUM. (STEMPLEWICZ, AARON)
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Wednesday, May 29, 2019
16 16 motion Leave to File Document Wed 05/29 1:29 PM
MOTION for Leave to File Supplement the Record and Proposed Order filed by PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, LESLIE RICHARDS.Motion for Leave to Supplement the Record and Proposed Order.(GARDNER, KENDA JO)
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Thursday, April 18, 2019
15 15 motion Summary Judgment Thu 04/18 11:58 AM
MOTION for Summary Judgment filed by PENNSYLVANIA DEPARTMENT OF TRANSPORTATION.Motion for Summary Judgment, Statement of Facts, Brief.(GARDNER, KENDA JO)
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14 14 1 pgs order Order on Motion for Extension of Time to File Response/Reply Thu 04/18 11:13 AM
ORDER GRANTING THE PLAINTIFF'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE13 . THE PLAINTIFF SHALL FILE A RESPONSE TO THE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT BY MAY 31, 2019. APPLICATION FOR PERMISSION TO FILE A REPLY TO THE RESPONSE SHALL BE SOUGHT NO LATER THAN 6/21/2019. SIGNED BY HONORABLE GENE E.K. PRATTER ON 4/17/2019.4/18/2019 ENTERED AND COPIES E-MAILED.(sfl, )
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Tuesday, April 16, 2019
13 13 motion Extension of Time to File Response/Reply Tue 04/16 2:40 PM
First MOTION for Extension of Time to File Response/Reply as to12 MOTION for Summary Judgment filed by DELAWARE RIVERKEEPER NETWORK, THE DELAWARE RIVERKEEPER, MAYA VAN ROSSUM.Motion and Declaration.(STEMPLEWICZ, AARON)
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12 12 motion Summary Judgment Tue 04/16 7:51 AM
MOTION for Summary Judgment filed by FEDERAL HIGHWAY ADMINISTRATION.Statement of Facts, Memorandum and Certificate of Service.(BERNSTEIN, RICHARD)
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Friday, March 22, 2019
11 11 misc Administrative Record Fri 03/22 10:26 AM
Administrative Record Notice of Filing of Administrative Record . (GARDNER, KENDA JO)
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Monday, February 25, 2019
10 10 order Scheduling Order Mon 02/25 4:01 PM
AMENDED SCHEDULING ORDER THAT THE DEFENDANTS WILL FILE AN INDEX TO THE CERTIFIED ADMINISTRATIVE RECORD ELECTRONICALLY AND WILL SEND A CD/DVD OR FLASH DRIVE, CONTAINING THE ENTIRE CERTIFIED ADMINISTRATIVE RECORD, TO THE COURT AND COUNSEL FOR THE PLAINTIFFS ON OR BEFORE 3/22/2019. THE DEFENDANTS SHALL RESPOND TO THE PLAINTIFFS' COMPLAINT ON OR BEFORE 4/19/2019. ANY MOTIONS FOR SUMMARY JUDGMENT SHALL BE FILED BY 4/19/2019. PLAINTIFFS PRETRIAL MEMORANDA SHALL BE FILED BY 6/21/2019. DEFENDANTS PRETRIAL MEMORANDA SHALL BE FILED BY 6/28/2019. A FINAL PRETRIAL CONFERENCE WILL BE HELD ON 7/8/2019, AT 3:00 PM, IN CHAMBERS. THE CASE WILL BE PLACED ON THE COURT'S TRIAL POOL LIST ON 7/16/2019. FURTHER INFORMATION AND DEADLINES OUTLINED HEREIN. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/22/2019. 2/25/2019 ENTERED AND COPIES E-MAILED.(amas)
Related: [-]
utility Set/Reset Scheduling Order Deadlines Mon 02/25 4:01 PM
Set/Reset Scheduling Order Deadlines: TRIAL POOL SET FOR 7/16/2019. (amas)
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Tuesday, January 22, 2019
9 9 notice Notice re: Cancellation of Hearing Tue 01/22 10:53 AM
NOTICE re: Cancellation of Hearing THE INITIAL PRETRIAL CONFERENCE SCHEDULED FOR TUESDAY, 1/29/2019 AT 3:00 PM IS CANNCELLED.(sl, )
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Thursday, January 03, 2019
8 8 notice Notice of Appearance Thu 01/03 9:47 AM
NOTICE of Appearance by RICHARD M. BERNSTEIN on behalf of FEDERAL HIGHWAY ADMINISTRATION, GREGORY G. NADEUA with Certificate of Service(BERNSTEIN, RICHARD)
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Friday, December 21, 2018
7 7 order Scheduling Order Fri 12/21 2:01 PM
SCHEDULING ORDER THAT THE DEFENDANTS SHALL RESPOND TO THE PLAINTIFFS' COMPLAINT ON OR BEFORE 3/29/2019. ANY MOTIONS FOR SUMMARY JUDGMENT SHALL BE FILED BY 4/12/2019. PLAINTIFFS SHALL FILE THEIR PRETRIAL MEMORANDA NO LATER THAN 6/21/2019. DEFENDANTS SHALL FILE THEIR PRETRIAL MEMORANDA NO LATER THAN 6/28/2019. A FINAL PRETRIAL CONFERENCE WILL BE HELD ON 7/8/2019, AT 3:00 PM, IN CHAMBERS. THE CASE WILL BE PLACED ON THE COURT'S TRIAL POOL LIST ON 7/9/2019. FURTHER INFORMATION AND DEADLINES OUTLINED HEREIN. SIGNED BY HONORABLE GENE E.K. PRATTER ON 12/21/2018. 12/21/2018 ENTERED AND COPIES E-MAILED.(amas)
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6 6 order Stipulation and Order Fri 12/21 1:50 PM
STIPULATION AND ORDER FOR EXTENSION OF TIME AND BRIEFING SCHEDULE. SIGNED BY HONORABLE GENE E.K. PRATTER ON 12/20/2018. 12/21/2018 ENTERED AND COPIES E-MAILED.(amas)
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Wednesday, November 14, 2018
5 5 notice Notice of Appearance Wed 11/14 10:36 AM
NOTICE of Appearance by KENDA JO M. GARDNER on behalf of PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, LESLIE RICHARDS with Certificate of Service(GARDNER, KENDA JO)
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Friday, October 26, 2018
4 4 service Acceptance of Service by U.S. Attorney Fri 10/26 1:33 PM
Acceptance of Service by U.S. Attorney Re: accepted summons and complaint on behalf of the United States Attorney (only). (amas )
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Wednesday, October 24, 2018
3 3 notice Notice of Hearing Wed 10/24 4:34 PM
NOTICE of Hearing: INITIAL PRETRIAL CONFERENCE SET FOR 1/29/2019 AT 03:00 PM IN JUDGE CHAMBERS BEFORE HONORABLE GENE E.K. PRATTER.(sme, )
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Att: 1 Supplement,
Att: 2 Supplement,
Att: 3 Supplement
service Summons Issued as to USA Wed 10/24 3:52 PM
2 Summons Issued as to U.S. Attorney and U.S. Attorney General Forwarded 1 COPY TO THE US ATTY AND 1 TO PLAINTIFF'S COUNSEL on 10/24/2018 (amas)
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Monday, October 22, 2018
2 2 discov Disclosure Statement Form 7.1 (COURT ONLY) Mon 10/22 1:18 PM
Disclosure Statement Form pursuant to FRCP 7.1 by DELAWARE RIVERKEEPER NETWORK.(ahf)
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1 1 cmp Complaint Mon 10/22 1:16 PM
COMPLAINT against FEDERAL HIGHWAY ADMINISTRATION, GREGORY G. NADEUA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, LESLIE RICHARDS ( Filing fee $ 400 receipt number 186588.), filed by THE DELAWARE RIVERKEEPER, DELAWARE RIVERKEEPER NETWORK, MAYA VAN ROSSUM.(ahf)
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Att: 1 Civil Cover Sheets,
Att: 2 Exhibits
service Summons Issued Mon 10/22 1:18 PM
Summons Issued as to FEDERAL HIGHWAY ADMINISTRATION, FHWA, GREGORY G. NADEUA, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, LESLIE RICHARDS. 4 Forwarded To: Counsel on 10/22/2018 (ahf)
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