Sauk Prairie Conservation Alliance v. U.S. Department of the Interior et al

Filing 38

Transmission of Notice of Appeal, Docketing Statement, Order, Transcript Information Sheet and Docket Sheet to Seventh Circuit Court of Appeals re: 35 Notice of Appeal, (Attachments: # 1 Docketing Statement, # 2 Order #32, # 3 Transcript Information Sheet, # 4 Docket Sheet) (lak)

Case: 3:17-cv-00035-jdp Document #: 35-1 Filed: 08/07/17 Page 1 of 3

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WISCONSIN
SAUK PRAIRIE CONSERVATION ALLIANCE,
Plaintiff,

Civil Action No. 17-cv-35

v.
U.S. DEPARTMENT OF THE INTERIOR,
RYAN ZINKE, in his official capacity as Secretary of
the United States Department of Interior,
NATIONAL PARK SERVICE,
MICHAEL REYNOLDS in his official capacity as
the Director of the National Park Service,
U.S. GENERAL SERVICES ADMINISTRATION,
AND TIMOTHY O. HORNE, in his official capacity
as Acting Administrator of the General Services
Administration,1
Defendants,
v.
STATE OF WISCONSIN,
Intervenor-Defendant.

PLAINTIFF’S DOCKETING STATEMENT

Plaintiff Sauk Prairie Conservation Alliance (“the Alliance”) submits this Docketing
Statement, concurrent with its Notice of Appeal, pursuant to Seventh Circuit Rules 3(c)(1) and
28(a).
1.

The United States District Court for the Western District of Wisconsin had

jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1361 because the Alliance alleges that Defendants

1

Pursuant to Fed. R. Civ. P. 25(d), Ryan Zinke and Timothy O. Horne are substituted for their
predecessors in office, Sally Jewell and Denise Turner Roth, respectively.

Case: 3:17-cv-00035-jdp Document #: 35-1 Filed: 08/07/17 Page 2 of 3

violated the National Environmental Policy Act, 42 U.S.C. §§ 4331 et seq.; the Administrative
Procedure Act, 5 U.S.C. §§ 701 et seq.; and the Federal Property and Administrative Services Act
of 1949, 40 U.S.C. § 550. ECF No. 1 at 25–36.
2.

The United States Court of Appeals has jurisdiction over this appeal pursuant to 28

U.S.C. § 1292(a)(1) because the Alliance appeals the district court’s denial of its motion for a
preliminary injunction.
3.

The Notice of Appeal is timely because the Alliance is filing a Notice of Appeal

within sixty days of the order appealed from. The district court denied the Alliance’s motion for
preliminary injunction on June 26, 2017. ECF No. 32. The Alliance filed a motion for
reconsideration on June 26, 2017, ECF No. 33, which the district court denied on June 28, 2017,
ECF No. 34. The Alliance is filing a Notice of Appeal on August 7, 2017, concurrent with this
Docketing Statement, which is within sixty days of the district court’s orders denying the motion
for a preliminary injunction and denying the motion for reconsideration. See Fed. R. App. P.
4(a)(1)(B); Mares v. Busby, 34 F.3d 533, 535 (7th Cir. 1994) (“If the [reconsideration] motion is
served within ten days of the rendition of judgment, the motion falls under Rule 59(e) . . . [which]
tolls the time for appeal under Rule 4(a)(4) of the Federal Rules of Appellate Procedure.”).
4.

There are no prior or related appellate proceedings in the case.

5.

Defendants Secretary of the U.S. Department of the Interior Ryan Zinke, Director

of the National Park Service Michael Reynolds, and Acting Administrator of the U.S. General
Services Administration Timothy O. Horne are sued in their official capacities. Pursuant to
Federal Rule of Civil Procedure 25(d), Ryan Zinke and Timothy O. Horne have been substituted
for their predecessors in office, Sally Jewell and Denise Turner Roth, respectively.

-2-

Case: 3:17-cv-00035-jdp Document #: 35-1 Filed: 08/07/17 Page 3 of 3

DATED: August 7, 2017

s/ Brian H. Potts
Brian H. Potts (WI Bar #1060680)*
[e-mail]
Jeff J. Bowen (WI Bar #1074862)
[e-mail]
Danielle S. Grant-Keane (WI Bar #1103436)
[e-mail]
Perkins Coie LLP
One East Main Street, Suite 201
Madison, WI 53703-5118
Telephone: [phone]
Facsimile: 608.663.7499
Attorneys for Plaintiff
Sauk Prairie Conservation Alliance
*Counsel of Record

-3-