Oregon District Court
Judge:Youlee Yim You
Case #: 3:21-cv-00498
Nature of Suit893 Other Statutes - Environmental Matters
Cause42:4321 Review of Agency Action-Environment
Case Filed:Apr 02, 2021
Last checked: Wednesday Sep 29, 2021 2:28 AM PDT
Defendant
Thomas D. Everett
Represented By
Matthew Philip Rand
Doj-Enrd
contact info
Defendant
United States Department of Transportation
Represented By
Matthew Philip Rand
Doj-Enrd
contact info
Defendant
United States Federal Highway Administration
Represented By
Matthew Philip Rand
Doj-Enrd
contact info
Intervenor Defendant
Oregon Department of Transportation
Represented By
Shaunee Vanessa Morgan
Oregon Department Of Justice
contact info
Deanna J. Chang
Oregon Department Of Justice
contact info
Plaintiff
Eliot Neighborhood Association
Represented By
Sean Terrell Malone
Sean T. Malone
contact info
Doug Hageman
Oxbow Law Group
contact info
Karl G. Anuta
Law Office Of Karl G. Anuta, PC
contact info
Sean T. Malone
Attorney At Law
contact info
Mike Sargetakis
Oxbow Law Group, LLC
contact info
Plaintiff
Neighbors for Clean Air
Represented By
Sean Terrell Malone
Sean T. Malone
contact info
Doug Hageman
Oxbow Law Group
contact info
Karl G. Anuta
Law Office Of Karl G. Anuta, PC
contact info
Sean T. Malone
Attorney At Law
contact info
Mike Sargetakis
Oxbow Law Group, LLC
contact info
Plaintiff
No More Freeways
Represented By
Sean Terrell Malone
Sean T. Malone
contact info
Doug Hageman
Oxbow Law Group
contact info
Karl G. Anuta
Law Office Of Karl G. Anuta, PC
contact info
Sean T. Malone
Attorney At Law
contact info
Mike Sargetakis
Oxbow Law Group, LLC
contact info


Docket last updated: 04/18/2024 11:59 PM PDT
Wednesday, March 16, 2022
26 26 notice Voluntary Dismissal of Case Wed 03/16 6:32 PM
Notice of Voluntary Dismissal Without Prejudice . Filed by No More Freeways. (Anuta, Karl)
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Friday, March 04, 2022
order 1 - Scheduling Fri 03/04 10:50 AM
ORDER : Joint Motion for Stay of All Deadlines23 is granted as follows: The dates set forth in docket entry 22 are stayed until either: (a) the parties settle this case and file a joint stipulation of dismissal; or (b) defendants file and the Court resolves defendants' Motion to Dismiss. If, within thirty days of this order, (a) the parties have not filed a joint stipulation of dismissal or (b) defendants have not filed a Motion to Dismiss, the parties shall file a joint status report updating the Court as to the status of the litigation and/or negotiations. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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Thursday, March 03, 2022
23 23 motion Stay Thu 03/03 2:41 PM
Joint Motion for Stay of All Deadlines . Filed by Thomas D. Everett, United States Department of Transportation, United States Federal Highway Administration. (Rand, Matthew) (Main Document 23 replaced on 3/3/2022) (cw)
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order Correction of the Record Thu 03/03 4:29 PM
Notice of Correction by Clerk regarding23 Motion for Stay. A Clerical error has been discovered in the case record: The certificate of service is not dated. The following corrections were made to the record: A corrected PDF has been uploaded and has replaced the incorrect attachment.The Notice of Electronic Filing will be regenerated to all parties. (cw)
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Friday, December 03, 2021
22 22 order Order on Motion for Extension of Time Fri 12/03 8:21 AM
ORDER : Joint Motion for Extension of Time21 is granted. Plaintiffs shall raise any concerns with the record to Defendants via letter or email by April 20, 2022. The deadline for the parties to attempt to resolve disputes relating to the record is May 2, 2022. Defendants shall file the administrative record with the Court by May 6, 2022. Regarding motions related to the administrative record: Plaintiffs shall file any motions related to the administrative record by May 9, 2022. Defendants' opposition is due May 23, 2022. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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Thursday, December 02, 2021
21 21 motion Extension of Time Thu 12/02 6:39 PM
Joint Motion for Extension of Time . Filed by All Defendants. (Rand, Matthew)
Related: [-]
Att: 1 Exhibit A Declaration of Megan Channell
Wednesday, July 28, 2021
20 20 limited Consent to Jurisdiction by Magistrate Judge - by Party Wed 07/28 10:52 AM
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Tuesday, July 20, 2021
19 19 minute Rule 16 Conference Tue 07/20 10:49 AM
MINUTES of Proceedings : Telephonic Rule 16 Conference held on July 20, 2021. Regarding the administrative record: Defendants shall provide Plaintiffs with the administrative record by December 6, 2021. Plaintiffs shall raise any concerns with the record to Defendants via letter or email by January 20, 2022. The deadline for the parties to attempt to resolve disputes relating to the record is January 31, 2022. Defendants shall file the administrative record with the Court by February 7, 2022. Regarding motions related to the administrative record: Plaintiffs shall file any motions related to the administrative record by February 8, 2022. Defendants' opposition is due February 22, 2022. A revised record (if any) shall be filed with the Court by two weeks after the Court enters its order resolving any disputes. Regarding dispositive motions: Plaintiffs' cross-motion for summary judgment shall be filed within 60 days after the final administrative record is filed with the Court. Defendants' cross-motions for summary judgment and opposition to Plaintiffs' cross-motion is due 60 days after Plaintiffs file their motion. Plaintiffs' opposition to Defendants' cross-motions and reply in support of their motion is due 30 days after Defendants file their motion. Defendants' reply in support of their cross-motions is due 30 days after Plaintiffs file their opposition. Plaintiffs' my file a sur-reply 14 days thereafter. Each party shall adhere to the page limits for briefing unless a motion for leave to file an oversized brief is granted by the court in advance of the filing deadline. The joint ADR report is waived. The parties may file consents to magistrate judge jurisdiction at any time. For information regarding the role of magistrate judges and consenting to magistrate jurisdiction, see https://ord.uscourts.gov/consent . Any discovery matters will be handled on an informal basis. Unless otherwise ordered, in the event a discovery motion is filed, no written response to the motion will be required. Judge You does not require a paper judge's copy pursuant to LR 5-9 for filings that are submitted to her for consideration. Karl Anuta, Sean Malone, and Mike Sargetakis present as counsel for plaintiffs. Matthew Rand and Brent Allen present as counsel for defendants. Deanna Chang present as counsel for Intervenor Defendant Oregon Department of Transportation. Court Reporter: None. Magistrate Judge Youlee Yim You presiding. (pvh) Modified on 7/20/2021 (pvh)
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Monday, July 19, 2021
18 18 oth_doc Status Report Mon 07/19 5:14 PM
Status Report Setting Forth All Defendants' Proposed Schedule by Oregon Department of Transportation, Thomas D. Everett, United States Department of Transportation, United States Federal Highway Administration. Filed by Oregon Department of Transportation, Thomas D. Everett, United States Department of Transportation, United States Federal Highway Administration. (Rand, Matthew)
Related: [-]
17 17 service Affidavit of Service Mon 07/19 4:49 PM
Affidavit of Service upon Thomas D. Everett served on 4/21/2021 Filed by Neighbors for Clean Air; No More Freeways; Eliot Neighborhood Association. (Malone, Sean)
Related: [-]
16 16 service Affidavit of Service Mon 07/19 4:48 PM
Affidavit of Service upon United States Federal Highway Administration served on 4/21/2021 Filed by Neighbors for Clean Air; No More Freeways; Eliot Neighborhood Association. (Malone, Sean)
Related: [-]
15 15 service Affidavit of Service Mon 07/19 4:46 PM
Affidavit of Service upon United States Department of Transportation served on 5/18/2021 Filed by Neighbors for Clean Air; No More Freeways; Eliot Neighborhood Association. (Malone, Sean)
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Tuesday, July 13, 2021
14 14 answer Answer to Complaint Tue 07/13 9:58 AM
Answer to1 Complaint,, . Filed by Oregon Department of Transportation. (Chang, Deanna)
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13 13 order Order on Motion to Intervene Tue 07/13 9:28 AM
ORDER: GRANTING Oregon Department of Transportation's Motion to Intervene as an Intervenor Defendant11 . Ordered by Magistrate Judge Youlee Yim You. (pjg)
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Monday, July 12, 2021
12 12 oth_sup Declaration Mon 07/12 4:41 PM
Declaration of Megan Channell . Filed by Oregon Department of Transportation. Related [+] (Chang, Deanna)
Related: [-] Motion to intervene11 .
11 11 motion Intervene Mon 07/12 4:39 PM
Motion to Intervene . Filed by Oregon Department of Transportation. (Chang, Deanna)
Related: [-]
Att: 1 Exhibit Exhibit A - Proposed Answer ODOT
Wednesday, June 16, 2021
10 10 order 1 - Scheduling Wed 06/16 2:04 PM
Scheduling Order : SETTING a Telephonic Rule 16 Conference for Tuesday, July 20, 2021, at 09:30AM before Magistrate Judge Youlee Yim You. Local Rules 16-2 and 26-1 require that counsel confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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Monday, June 14, 2021
9 9 answer Answer to Complaint Mon 06/14 2:15 PM
Answer to1 Complaint,, . Filed by Thomas D. Everett, United States Department of Transportation, United States Federal Highway Administration. (Rand, Matthew)
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Tuesday, May 04, 2021
8 8 notice Attorney Appearance Tue 05/04 9:33 AM
Notice of Appearance of Matthew Philip Rand appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Rand, Matthew)
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Tuesday, April 06, 2021
7 7 service Summons Issued Tue 04/06 9:15 AM
Summons Issued Electronically as to Thomas D. Everett, United States Department of Transportation, United States Federal Highway Administration. 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. (sb)
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Monday, April 05, 2021
6 6 service Proposed Summons Mon 04/05 3:56 PM
Amended Proposed Summons For Thomas D. Everett, Administrator for United States Federal Highway Administration Filed by Eliot Neighborhood Association, Neighbors for Clean Air, No More Freeways. (Malone, Sean)
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5 5 service Proposed Summons Mon 04/05 3:54 PM
Amended Proposed Summons for United States Federal Highway Administration Filed by Eliot Neighborhood Association, Neighbors for Clean Air, No More Freeways. (Malone, Sean)
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4 4 service Proposed Summons Mon 04/05 3:53 PM
Amended Proposed Summons for United States Department of Transportation Filed by Eliot Neighborhood Association, Neighbors for Clean Air, No More Freeways. (Malone, Sean)
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Friday, April 02, 2021
3 3 order 3 - Discovery and Pretrial Scheduling Order - FORM EVENT Fri 04/02 5:32 PM
Notice of Case Assignment to Magistrate Judge Youlee Yim You 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 8/2/2021. Joint Alternate Dispute Resolution Report is due by 8/30/2021. Ordered by Magistrate Judge Youlee Yim You. (sb)
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2 2 oth_doc Corporate Disclosure Statement Fri 04/02 3:45 PM
Corporate Disclosure Statement . Filed by Eliot Neighborhood Association, Neighbors for Clean Air, No More Freeways. (Malone, Sean)
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1 1 cmp Complaint Fri 04/02 3:42 PM
Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-8023382 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: No. Filed by Neighbors for Clean Air, Eliot Neighborhood Association, No More Freeways against Federal Highway Administration, Thomas D. Everett, United States Department of Transportation. (Malone, Sean)
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Att: 1 Civil Cover Sheet,
Att: 2 Proposed Summons U.S. Department of Transportation,
Att: 3 Proposed Summons Federal Highway Administration,
Att: 4 Proposed Summons Thomas D. Everett, Administrator