HUNTER v. FEDERAL ENERGY REGULATORY COMMISSION

Plaintiff:BRIAN HUNTER
Defendant:FEDERAL ENERGY REGULATORY COMMISSION
 
Case Number:1:2007cv01307
Filed:July 23, 2007
 
Court:District Of Columbia District Court
Office:Washington, DC Office
County:99999
Presiding Judge:Judge Richard J. Leon
 
Nature of Suit:Other Statutes - Other Statutory Actions
Cause:28:2201 Declaratory Judgement
Jurisdiction:U.S. Government Defendant
Jury Demanded By:None
Date Filed # Docket Text
July 23, 2007 1 COMPLAINT against FEDERAL ENERGY REGULATORY COMMISSION ( Filing fee $ 350, receipt number 4616005738) filed by BRIAN HUNTER. (Attachments: # 1 Civil Cover Sheet)(td, ) (Entered: July 24, 2007)
July 23, 2007 2 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by BRIAN HUNTER (Attachments: # 1 Declaration - Hunter# 2 Declaration - Shur)(td, ) (Entered: July 24, 2007)
July 23, 2007 3 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael S. Kim, :Firm- KOBRE & KIM LLP, :Address- 800 Third Avenue, New York, NY 10022. Phone No. - (212) 488-1200. Fax No. - (212) 488-1220 by BRIAN HUNTER (Attachments: # 1 Declaration Michael Kim)(td, ) (Entered: July 24, 2007)
July 23, 2007   SUMMONS Not Issued as to FEDERAL ENERGY REGULATORY COMMISSION (td, ) (Entered: July 24, 2007)
July 24, 2007 4 Amended MOTION for Temporary Restraining Order , Preliminary Injunction, and Declaratory Relief by BRIAN HUNTER (Shur, Justin) (Entered: July 24, 2007)
July 24, 2007 5 NOTICE of Filing by BRIAN HUNTER (Attachments: # 1 Affidavit Rule 65.1 Certification)(Shur, Justin) (Entered: July 24, 2007)
July 24, 2007   Minute Entry. Proceedings held before Judge Richard J. Leon : Evidentiary Hearing (Temporary Restraining Order) held on 7/24/2007-and DENIED. Defendant's responses due 7/30/07, Plaintiff's reply due 8/3/07.Preliminary Injunctin Hearing set for 8/7/2007 03:00 PM in Courtroom 18 before Judge Richard J. Leon. (Court Reporter Patty Gels.) (whb) Modified on 7/25/2007 (whb). (Entered: July 25, 2007)
July 26, 2007   MINUTE ORDER granting 3 MOTION for Leave to Appear Pro Hac Vice for Attorney Michael S. Kim. Signed by Judge Richard J. Leon on 7/24/07. (lcrjl1) (Entered: July 26, 2007)
July 26, 2007   SUMMONS (3) Issued as to FEDERAL ENERGY REGULATORY COMMISSION, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: July 26, 2007)
July 27, 2007 6 TRANSCRIPT of Temporary Restraining Order held on July 24, 2007 before Judge Richard J. Leon. Court Reporter: Patty Artrip Gels. The public may view the document in the Clerk's Office between the hours of 9:00 a.m. and 4:00 p.m, Monday through Friday. (jf, ) (Entered: July 30, 2007)
July 30, 2007 7 NOTICE of Appearance by Megan Lindholm Rose on behalf of FEDERAL ENERGY REGULATORY COMMISSION (Rose, Megan) (Entered: July 30, 2007)
July 30, 2007 8 Memorandum in opposition to re 4 Amended MOTION for Temporary Restraining Order , Preliminary Injunction, and Declaratory Relief, 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Appendix # 2 Exhibit Notice of Filing of Bulky Exhibits)(Rose, Megan) (Entered: July 30, 2007)
July 30, 2007 9 NOTICE of Filing of Bulky Exhibits by FEDERAL ENERGY REGULATORY COMMISSION re 8 Memorandum in Opposition, (Rose, Megan) (Entered: July 30, 2007)
August 2, 2007 10 NOTICE of Appearance by Patrick Todd Mullins on behalf of FEDERAL ENERGY REGULATORY COMMISSION (Mullins, Patrick) (Entered: August 2, 2007)
August 2, 2007 11 NOTICE of Appearance by Leslie Beth Bellas on behalf of all defendants (Bellas, Leslie) (Entered: August 2, 2007)
August 3, 2007 12 NOTICE of Appearance by Lee Ann Watson on behalf of FEDERAL ENERGY REGULATORY COMMISSION (Bellas, Leslie) Modified on 8/6/2007 (nmw, ). (Entered: August 3, 2007)
August 3, 2007 13 MOTION to Permit Live Witness Testimony During Preliminary Injunction Hearing by BRIAN HUNTER (Kim, Michael) (Entered: August 3, 2007)
August 3, 2007 14 REPLY to opposition to motion re 4 Amended MOTION for Temporary Restraining Order , Preliminary Injunction, and Declaratory Relief filed by BRIAN HUNTER. (Kim, Michael) (Entered: August 3, 2007)
August 3, 2007 15 AFFIDAVIT re 4 Amended MOTION for Temporary Restraining Order , Preliminary Injunction, and Declaratory Relief of Shondell Sabad by BRIAN HUNTER. (Kim, Michael) (Entered: August 3, 2007)
August 3, 2007 16 AFFIDAVIT re 4 Amended MOTION for Temporary Restraining Order , Preliminary Injunction, and Declaratory Relief of Justin V. Shur by BRIAN HUNTER. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Kim, Michael) (Entered: August 3, 2007)
August 3, 2007 17 AFFIDAVIT re 4 Amended MOTION for Temporary Restraining Order , Preliminary Injunction, and Declaratory Relief of Brian Hunter by BRIAN HUNTER. (Kim, Michael) (Entered: August 3, 2007)
August 6, 2007 18 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Natalie Holme Elsberg, :Firm- Kobre & Kim LLP, :Address- 800 Third Avenue, New York, New York 10022. Phone No. - 212.488.1200. Fax No. - 212.488.1220 by BRIAN HUNTER (Attachments: # 1 Affidavit of Natalie Holme Elsberg# 2 Text of Proposed Order)(Shur, Justin) (Entered: August 6, 2007)
August 6, 2007 19 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Leif T. Simonson, :Firm- Kobre & Kim LLP, :Address- 800 Third Avenue, New York, New York 10022. Phone No. - 212.488.1200. Fax No. - 212.488.1220 by BRIAN HUNTER (Attachments: # 1 Affidavit of Leif T. Simonson# 2 Text of Proposed Order)(Shur, Justin) (Entered: August 6, 2007)
August 6, 2007 20 Memorandum in opposition to re 13 MOTION to Permit Live Witness Testimony During Preliminary Injunction Hearing filed by FEDERAL ENERGY REGULATORY COMMISSION. (Bellas, Leslie) (Entered: August 6, 2007)
August 6, 2007 21 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Matthew I. Menchel, :Firm- Kobre & Kim LLP, :Address- 800 Third Avenue, New York, New York 10022. Phone No. - 212.488.1200. Fax No. - 212.488.1220 by BRIAN HUNTER (Attachments: # 1 Affidavit of Matthew I. Menchel# 2 Text of Proposed Order)(Shur, Justin) (Entered: August 6, 2007)
August 6, 2007 22 Unopposed MOTION for Leave to File Surreply by FEDERAL ENERGY REGULATORY COMMISSION (Attachments: # 1 Exhibit Surreply# 2 Text of Proposed Order proposed Order)(Bellas, Leslie) (Entered: August 6, 2007)
August 6, 2007 23 REPLY to opposition to motion re 13 MOTION to Permit Live Witness Testimony During Preliminary Injunction Hearing filed by BRIAN HUNTER. (Kim, Michael) (Entered: August 6, 2007)
August 7, 2007 24 Unopposed MOTION for Leave to File Sursurreply by BRIAN HUNTER (Attachments: # 1 Exhibit Sursurreply# 2 Text of Proposed Order)(Kim, Michael) (Entered: August 7, 2007)
August 7, 2007   Minute Entry. Motion Hearing held on 8/7/2007 before Judge Richard J. Leon : re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by BRIAN HUNTER, 4 Amended MOTION for Temporary Restraining Order Preliminary Injunction, and Declaratory Relief filed by BRIAN HUNTER. Motion heard and takened under advisement. (Court Reporter Patty Gels) (tb, ) (Entered: August 7, 2007)
August 8, 2007   MINUTE ORDER granting 21 motion for Matthew I. Menchel to appear pro hac vice. Signed by Judge Richard J. Leon on 8/8/07. (lcrjl1) (Entered: August 8, 2007)
August 8, 2007   MINUTE ORDER granting 19 motion for Leif T. Simonson to appear pro hac vice. Signed by Judge Richard J. Leon on 8/8/07. (lcrjl1) (Entered: August 8, 2007)
August 8, 2007   ORDER granting 18 motion for Natalie Holme Elsberg to appear pro hac vice. Signed by Judge Richard J. Leon on 8/8/07. (lcrjl1) (Entered: August 8, 2007)
August 10, 2007 25 ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to FEDERAL ENERGY REGULATORY COMMISSION served on 7/30/2007, answer due 9/28/2007. (Kim, Michael) Modified on 8/13/2007 (jf, ). (Entered: August 10, 2007)
August 10, 2007 26 ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. (Kim, Michael) Modified on 8/13/2007 (jf, ). (Entered: August 10, 2007)
August 10, 2007 27 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 07/30/2007. (Kim, Michael) (Entered: August 10, 2007)
August 13, 2007   NOTICE OF CORRECTED DOCKET ENTRY: Document Nos. re 26 Summons Returned Executed as to US Attorney for DC, 25 Summons Returned Executed as to Federal Defendant was entered in error and counsel was instructed to refile said pleading with correct date. (jf, ) (Entered: August 13, 2007)
August 13, 2007 28 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to FEDERAL ENERGY REGULATORY COMMISSION served on 8/1/2007, answer due 10/1/2007. (Kim, Michael) (Entered: August 13, 2007)
August 13, 2007 29 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. FEDERAL ENERGY REGULATORY COMMISSION served on 7/31/2007, answer due 10/1/2007 (Kim, Michael) (Entered: August 13, 2007)
August 20, 2007 30 NOTICE of Change of Address by Michael S. Kim (Kim, Michael) (Entered: August 20, 2007)
August 24, 2007 31 TRANSCRIPT of Preliminary Injunction held on August 07, 2007 before Judge Richard J. Leon. Court Reporter: Patty Artrip Gels. The public may view the document in the Clerk's Office between the hours of 9:00 a.m. and 4:00 p.m, Monday through Friday. (jf, ) (Entered: August 27, 2007)
September 7, 2007   Notice of Hearings: Telephone Conference set for 9/7/2007 10:30 AM in Courtroom 18 before Judge Richard J. Leon. (whb) (Entered: September 7, 2007)
September 7, 2007   Minute Entry. Proceedings held before Judge Richard J. Leon : Telephone Conference held on 9/7/2007. Parties Joint request to stay Court's ruling on the Preliminary Injunction-Granted.Status Conference set for 9/24/2007 04:00 PM in Courtroom 18 before Judge Richard J. Leon. (Court Reporter Patty Gels.) (whb) (Entered: September 7, 2007)
September 24, 2007   Minute Entry. Proceedings held before Judge Richard J. Leon : Status Conference held on 9/24/2007. (Court Reporter Patty Gels.) (whb) (Entered: September 25, 2007)
September 25, 2007 32 NOTICE of Subtitution of Counsel by Alan Burch on behalf of FEDERAL ENERGY REGULATORY COMMISSION Substituting for attorney Megan L. Rose (Burch, Alan) (Entered: September 25, 2007)
October 3, 2007 33 NOTICE OF SUPPLEMENTAL AUTHORITY by BRIAN HUNTER (Attachments: # 1 Letter of Supplemental Authority)(Elsberg, Natalie) (Entered: 10/03/2007)
October 3, 2007   MINUTE ORDER granting 22 Motion for Leave to File; granting 24 Motion for Leave to File nun pro tunc. Signed by Judge Richard J. Leon on 10/3/07. (lcrjl1) (Entered: October 3, 2007)
October 3, 2007 34 SURREPLY to re 4 Amended MOTION for Temporary Restraining Order , Preliminary Injunction, and Declaratory Relief, 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by FEDERAL ENERGY REGULATORY COMMISSION. (jf, ) (Entered: October 4, 2007)
October 3, 2007 36 SURREPLY to re 4 Amended MOTION for Temporary Restraining Order , Preliminary Injunction, and Declaratory Relief, 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by BRIAN HUNTER. (Filed Nunc Pro Tunc to 08/07/07, pursuant to Minute Order filed on 10/03/07) (jf, ) (Entered: October 4, 2007)
October 4, 2007 35 NOTICE OF SUPPLEMENTAL AUTHORITY by FEDERAL ENERGY REGULATORY COMMISSION (Attachments: # 1 Supplement)(Bellas, Leslie) (Entered: October 4, 2007)
October 10, 2007   Set/Reset Deadlines: Defendant's Answer due by 10/19/2007. (whb) (Entered: October 10, 2007)
October 18, 2007 37 Consent MOTION for Extension of Time to Answer by FEDERAL ENERGY REGULATORY COMMISSION (Attachments: # 1 Stipulation# 2 Text of Proposed Order)(Bellas, Leslie) (Entered: October 18, 2007)
October 26, 2007 38 ENTERED IN ERROR.....SUPPLEMENTAL MEMORANDUM to re 4 Amended MOTION for Temporary Restraining Order , Preliminary Injunction, and Declaratory Relief filed by BRIAN HUNTER. (Kim, Michael) Modified on 10/29/2007 (jf, ). (Entered: October 26, 2007)
October 29, 2007   NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 38 Supplemental Memorandum was entered in error and counsel was instructed not to file correspondence via ECF. (See LCvR 5.1(b) ) (jf, ) (Entered: October 29, 2007)
November 1, 2007 39 NOTICE OF SUPPLEMENTAL AUTHORITY by FEDERAL ENERGY REGULATORY COMMISSION (Attachments: # 1 Exhibit Court Opinion)(Mullins, Patrick) (Entered: November 1, 2007)
November 2, 2007 40 NOTICE OF SUPPLEMENTAL AUTHORITY by BRIAN HUNTER (Attachments: # 1 Supplement)(Shur, Justin) (Entered: November 2, 2007)
December 10, 2007 41 MEMORANDUM OPINION Signed by Judge Richard J. Leon on 12/10/07. (tb, ) (Entered: December 10, 2007)
December 10, 2007 42 ORDER: Upon consideration of plaintiff's 4 Motion for Preliminary Injunction; it is hereby ordered that the motion is DENIED. Signed by Judge Richard J. Leon on 12/10/07. (tb, ) (Entered: December 10, 2007)
December 21, 2007 43 MOTION to Dismiss for Lack of Jurisdiction by FEDERAL ENERGY REGULATORY COMMISSION (Attachments: # 1 Memorandum of Points & Authorities# 2 Proposed Order)(Mullins, Patrick) (Entered: December 21, 2007)
January 7, 2008 44 MOTION for Entry of Declaratory Judgment by BRIAN HUNTER (Attachments: # 1 Proposed Order# 2 Statement In Support of Cross-Motion for Declaratory Judgment)(Kim, Michael) (Entered: January 7, 2008)
January 7, 2008 45 Memorandum in opposition to re 43 MOTION to Dismiss for Lack of Jurisdiction and in support of 44 Cross-Motion for Declaratory Judgment filed by BRIAN HUNTER. (Kim, Michael) (Entered: January 7, 2008)
January 7, 2008 46 AFFIDAVIT re 45 Memorandum in Opposition to Defendant's Motion to Dismiss and In Support of Plaintiff's Cross-Motion for Declaratory Judgment by BRIAN HUNTER. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M)(Kim, Michael) (Entered: January 7, 2008)
January 9, 2008 47 Unopposed MOTION for Extension of Time to File Response/Reply as to 43 MOTION to Dismiss for Lack of Jurisdiction by FEDERAL ENERGY REGULATORY COMMISSION (Attachments: # 1 Text of Proposed Order)(Bellas, Leslie) (Entered: January 9, 2008)
January 11, 2008   MINUTE ORDER granting 47 Unopposed Motion for Enlargement of Time to Reply. It is hereby ORDERED that defendant's motion is GRANTED and that FERC shall have up to and including 1/22/2008 to file its reply in support of its motion to dismiss. Signed by Judge Richard J. Leon on 1/11/2008. (lcrjl1) (Entered: 01/11/2008)
January 15, 2008   Set/Reset Deadlines: Reply to Dispositive Motions due by 1/22/2008. (whb) (Entered: January 15, 2008)
January 22, 2008 48 NOTICE of Appearance by Justin M. Shellaway on behalf of FEDERAL ENERGY REGULATORY COMMISSION (Shellaway, Justin) (Entered: January 22, 2008)
January 22, 2008 49 Memorandum in opposition to re 44 MOTION for Entry of Declaratory Judgment and Reply in support of 43 Motion to Dismiss filed by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Text of Proposed Order, # 2 Statement in Support of Opposition to Cross-Motion for Declaratory Judgment)(Shellaway, Justin) (Entered: January 22, 2008)
January 22, 2008 50 AFFIDAVIT re 49 Memorandum in Opposition, to Plaintiff's Cross-Motion for Declaratory Judgment and Reply in Support of Defendant's Motion to Dismiss by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Shellaway, Justin) (Entered: January 22, 2008)
January 22, 2008 51 REPLY to opposition to motion re 43 MOTION to Dismiss for Lack of Jurisdiction filed by FEDERAL ENERGY REGULATORY COMMISSION. (See Docket Entries 49 and 50 to view documents). (nmw, ) (Entered: 01/23/2008)
January 25, 2008 52 NOTICE of Appearance by Francisco J. Navarro on behalf of BRIAN HUNTER (Navarro, Francisco) (Entered: January 25, 2008)
February 1, 2008 53 NOTICE OF WITHDRAWAL OF APPEARANCE as to BRIAN HUNTER. Attorney Justin Vaun Shur terminated. (Shur, Justin) (Entered: February 1, 2008)
February 1, 2008 54 REPLY to opposition to motion re 44 MOTION for Entry of Declaratory Judgment and in support of Motion for Entry of Declaratory Judgment filed by BRIAN HUNTER. (Kim, Michael) (Entered: February 1, 2008)
July 31, 2008 55 MEMORANDUM OPINION, The Court GRANTS defendant's motion to dismiss and DENIES plaintiff's motion for declaratory judgment. Signed by Judge Richard J. Leon on 7/30/08. (kc) (Entered: 07/31/2008)
July 31, 2008 56 ORDER granting defendant's Motion 43 to Dismiss for Lack of Jurisdiction; denying plaintiff's Motion 44 for Declaratory Judgment. ORDERED that judgment is entered for defendant. SO ORDERED. Signed by Judge Richard J. Leon on 7/30/08. (kc) (Entered: July 31, 2008)
August 12, 2008 57 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Leanne A. Bortner, :Firm- Kobre & Kim LLP, :Address- 1919 M Street, N.W. Washington, D.C. 20036. Phone No. - 202.664.1900. Fax No. - 202.664.1920 by BRIAN HUNTER (Navarro, Francisco) (Entered: August 12, 2008)
August 14, 2008   MINUTE ORDER granting 57 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that the motion is GRANTED. Signed by Judge Richard J. Leon on 08/14/2008. (lcrjl3) (Entered: August 14, 2008)
August 25, 2008 58 NOTICE OF APPEAL as to 56 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion for Declaratory Judgment, by BRIAN HUNTER. Filing fee $ 455, receipt number 00900000000001598995. Fee Status: Fee Paid. Parties have been notified. (Kim, Michael) (Entered: August 25, 2008)
August 26, 2008   Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 58 Notice of Appeal, (jf, ) (Entered: August 26, 2008)
September 2, 2008   USCA Case Number 08-5380 for 58 Notice of Appeal, filed by BRIAN HUNTER. (jf, ) (Entered: September 3, 2008)
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Plaintiff: BRIAN HUNTER
Represented By: Justin Vaun Shur
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Defendant: FEDERAL ENERGY REGULATORY COMMISSION
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