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)

APPEAL, DECLINE_MJ, EJT,

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:17-cv-00035-jdp

Sauk Prairie Conservation Alliance v. U.S. Department of the Interior et al
Assigned to: District Judge James D. Peterson
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 42:4332 Environmental Policy - Coop of Agency Repo

Date Filed: 01/13/2017
Jury Demand: None
Nature of Suit: 899 Other Statutes:
Administrative Procedures Act/Review or
Appeal of Agency Decision
Jurisdiction: U.S. Government Defendant

Plaintiff
Sauk Prairie Conservation Alliance

represented by Brian H Potts
Perkins Coie LLP
1 East Main Street
Suite 201
Madison, WI 53703
608-663-7493
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Danielle Grant-Keane
Perkins Coie LLP
1 East Main Street
Suite 201
Madison, WI 53703
608-663-7460
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jeff J Bowen
Perkins Coie LLP
One East Main Street
Suite 201
Madison, WI 53703-5118
608-663-7461
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant

U.S. Department of the Interior

represented by Anna K. Stimmel
U.S. Department of Justice
Environment & Natural Resources Division
Natural Resources Section
301 Howard Street, Suite 1050
San Francisco, CA 94123
415-744-6480
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Leslie K. Herje
U.S. Attorney's Office
222 W. Washington Ave.
Suite 700
Madison, WI 53703
608-264-5158
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Sally Jewell
in her official capacity as Secretary of the United
States Department of Interior

represented by Anna K. Stimmel
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Leslie K. Herje
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
National Park Service

represented by Anna K. Stimmel
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Leslie K. Herje
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Michael Reynolds
in his official capacity as the Director of the
National Park Service

represented by Anna K. Stimmel
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Leslie K. Herje
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
U.S. General Services Administration

represented by Anna K. Stimmel
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Leslie K. Herje
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Denise Turner Roth
in her official capacity as Administrator of the
General Services Administration

represented by Anna K. Stimmel
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Leslie K. Herje
(See above for address)
ATTORNEY TO BE NOTICED

V.
Intervenor Defendant
State of Wisconsin

Date Filed
01/13/2017

#

represented by Anna J. Wildeman
State of Wisconsin Department of Justice
17 W. Main St.
Madison, WI 53707-7857
608-261-7178
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Docket Text
1 COMPLAINT against Sally Jewell, National Park Service, Michael Reynolds, Denise Turner Roth,
U.S. Department of the Interior, U.S. General Services Administration, ( Filing fee $ 400 receipt
number 0758-1951770.), filed by All Plaintiffs, (Attachments:
# 1 JS-44 Civil Cover Sheet,
# 2 Summons: U.S. Department of the Interior,
# 3 Summons: National Park Service,
# 4 Summons: Sally Jewell,
# 5 Summons: Michael Reynolds,
# 6 Summons: General Services Administration,
# 7 Summons: Denise Turner Roth,
# 8 Exhibit 1: SPSRA Draft Master Plan and FEIS,
# 9 Exhibit 2: March 2001 Badger Refuse Committee Final Report,
# 10 Exhibit 3: 2003 GSA EIS - Part 1 of 5,
# 11 Exhibit 3: 2003 GSA EIS - Part 2 of 5,
# 12 Exhibit 3: 2003 GSA EIS - Part 3 of 5,
# 13 Exhibit 3: 2003 GSA EIS - Part 4 of 5,

# 14 Exhibit 3: 2003 GSA EIS - Part 5 of 5,
# 15 Exhibit 4: 2001 Thompson Letter,
# 16 Exhibit 5: 2010 Deed,
# 17 Exhibit 6: 2011 Deed,
# 18 Exhibit 7: FLP Application & Program of Utilization,
# 19 Exhibit 8: Aug 2004 NPS Letter and Report Approving FLP App,
# 20 Exhibit 9: Feb 2005 NPS Letter and Report Approving FLP App,
# 21 Exhibit 10: Rapid Ecological Assessment for the SPRA,
# 22 Exhibit 11: Regional & Property Analysis of the SPSRA,
# 23 Exhibit 12: July 2012 Alliance Comment Letter to WDNR,
# 24 Exhibit 13: August 2012 Alliance Letter to WDNR,
# 25 Exhibit 14: Wisconsin Legislative Council Analysis,
# 26 Exhibit 15: WDNR Preliminary Vision and Goal,
# 27 Exhibit 16: August 2013 Alliance Response Letter to WDNR,
# 28 Exhibit 17: August 2015 Draft Master Plan and EIS,
# 29 Exhibit 18: September 2015 Alliance Comment Letter to WDNR,
# 30 Exhibit 19: Alliance Study re: Shooting Range,
# 31 Exhibit 20: January 2016 Alliance Letter to NPS,
# 32 Exhibit 21: May 2016 NPS Comment Letter to WDNR,
# 33 Exhibit 22: June 2015 WDNR Letter to NPS,
# 34 Exhibit 23: December 2016 NPS Letter to WDNR,
# 35 Exhibit 24: December 2016 BRC Written Comments,
# 36 Exhibit 25: December 2106 WDNR Letter to NRB and NPS,
# 37 Exhibit 26: December 2016 Letter from WDNR to NPS,
# 38 Exhibit 27: 2015 NPS NEPA Handbook,
# 39 Exhibit 28: December 2016 NRB Hearing Written Comments,
# 40 Exhibit 29: December 2016 Ho-Chunk Letter) (Potts, Brian) Modified on 1/14/2017: Removed
duplicate text. (lak) (Entered: 01/13/2017)
01/13/2017

Case randomly assigned to Magistrate Judge Stephen L. Crocker. (jat) (Entered: 01/13/2017)

01/13/2017

Standard attachments for Magistrate Judge Stephen L. Crocker required to be served on all parties
with summons or waiver of service: Corporate Disclosure Statement, Order Regarding Assignment
of Civil Cases, Notice of Assignment to a Magistrate Judge and Consent/Request for Reassignment,
Order on Dispositive Motions. (jat) (Entered: 01/13/2017)

01/13/2017

2 Summons Issued as to Sally Jewell, National Park Service, Michael Reynolds, Denise Turner Roth,
U.S. Department of the Interior, U.S. General Services Administration. (jat) (Entered: 01/13/2017)

01/18/2017

Case randomly reassigned to District Judge James D. Peterson and Magistrate Judge Stephen L.
Crocker. (cak) (Entered: 01/18/2017)

01/23/2017

3 Affidavit of Service by Plaintiff. National Park Service served on 1/17/2017, answer due 3/20/2017.
(Potts, Brian) Modified on 1/23/2017. (lak) (Entered: 01/23/2017)

01/23/2017

4 Affidavit of Service by Plaintiff. Denise Turner Roth served on 1/17/2017, answer due 3/20/2017.
(Potts, Brian) Modified on 1/23/2017. (lak) (Entered: 01/23/2017)

01/23/2017

5 Affidavit of Service by Plaintiff. U.S. Department of the Interior served on 1/17/2017, answer due
3/20/2017. (Potts, Brian) Modified on 1/23/2017. (lak) (Entered: 01/23/2017)

01/23/2017

6 Affidavit of Service by Plaintiff. U.S. General Services Administration served on 1/17/2017, answer
due 3/20/2017. (Potts, Brian) Modified on 1/23/2017. (lak) (Entered: 01/23/2017)

01/23/2017

7 Affidavit of Service by Plaintiff. Michael Reynolds served on 1/17/2017, answer due 3/20/2017.
(Potts, Brian) Modified on 1/23/2017. (lak) (Entered: 01/23/2017)

01/23/2017

8 Affidavit of Service by Plaintiff. Sally Jewell served on 1/17/2017, answer due 3/20/2017. (Potts,
Brian) Modified on 1/23/2017. (lak) (Entered: 01/23/2017)

01/23/2017

Set/Reset Deadlines: Answer deadline reset as to all Defendants. Answers due 3/20/2017. (lak)
(Entered: 01/23/2017)

03/06/2017

9 Affidavit of Service by Plaintiff. All Defendants. (Potts, Brian) (Entered: 03/06/2017)

04/21/2017

10 Unopposed Motion to Intervene by Intervenor Defendant State of Wisconsin. Response due
4/28/2017. (Attachments:
# 1 Certificate of Service) (Wildeman, Anna) Modified on 4/24/2017: Changed name of party from
Wisconsin Department Of Justice to State of Wisconsin, per pleadings. (lak) (Entered: 04/21/2017)

04/21/2017

11 Brief in Support of 10 Unopposed Motion to Intervene by Intervenor Defendant State of Wisconsin.
(Wildeman, Anna) Modified on 4/24/2017: Changed name of party from Wisconsin Department Of
Justice to State of Wisconsin, per pleadings. (lak) (Entered: 04/21/2017)

04/21/2017

12 ANSWER by Intervenor Defendant State of Wisconsin. (Wildeman, Anna) Modified on 4/24/2017:
Changed name of party from Wisconsin Department Of Justice to State of Wisconsin, per pleadings.
(lak) (Entered: 04/21/2017)

04/21/2017

13 ANSWER by Defendants Sally Jewell, National Park Service, Michael Reynolds, Denise Turner
Roth, U.S. Department of the Interior, U.S. General Services Administration. (Herje, Leslie)
(Entered: 04/21/2017)

04/24/2017

Set Telephone Conference: Telephone Pretrial Conference set for 5/17/2017 at 01:30 PM before
Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to
chambers at [phone]. [Standing Order Governing Preliminary Pretrial Conference attached]
(jat) (Entered: 04/24/2017)

04/24/2017

14 ** TEXT ONLY ORDER **
The State of Wisconsin's unopposed motion to intervene as a defendant in this case, Dkt. 10 , is
GRANTED. The court accepts the answer that the State has filed. Dkt. 12 . Signed by District Judge
James D. Peterson on 4/24/17. (jat) (Entered: 04/24/2017)

05/11/2017

15 Motion to Reschedule Pretrial Conference by Defendants Sally Jewell, National Park Service,
Michael Reynolds, Denise Turner Roth, U.S. Department of the Interior, U.S. General Services
Administration. (Stimmel, Anna) (Entered: 05/11/2017)

05/11/2017

16 ** TEXT ONLY ORDER **
ORDER granting 15 Motion to Reschedule Hearing. The telephonic preliminary pretrial conference
is moved to June 7, 2017 at 9:30 a.m. Signed by Magistrate Judge Stephen L. Crocker on 5/11/17.
(jat) (Entered: 05/11/2017)

06/01/2017

17 Preliminary Pretrial Conference Report by Plaintiff Sauk Prairie Conservation Alliance. (Potts,
Brian) (Entered: 06/01/2017)

06/07/2017

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone
Preliminary Pretrial Conference held on 6/7/2017 [:10] (cak) (Entered: 06/07/2017)

06/15/2017

18 Pretrial Conference Order - Government's submission of administrative record: August 31, 2017;
Plaintiff's Response: September 14, 2017; Plaintiffs' motion for summary judgment: October 6,
2017; Defendants' motions for summary judgment and responses: November 8, 2017; Plaintiffs'
response and reply: December 1, 2017; Defendants' reply: December 21, 2017. Signed by
Magistrate Judge Stephen L. Crocker on 6/15/17. (jat) (Entered: 06/15/2017)

06/23/2017

19 MOTION FOR PRELIMINARY INJUNCTION by Plaintiff Sauk Prairie Conservation Alliance.
(Potts, Brian) (Entered: 06/23/2017)

06/23/2017

20 Proposed Findings of Fact filed by Plaintiff Sauk Prairie Conservation Alliance re: 19 Motion for
Preliminary Injunction, (Attachments:
# 1 Exhibit 30 - Quitclaim Deed,
# 2 Exhibit 31 - Quitclaim Deed,
# 3 Exhibit 32 - Quitclaim Deed,
# 4 Exhibit 33 - Quitclaim Deed,
# 5 Exhibit 34 - Quitclaim Deed,
# 6 Exhibit 35 - Quitclaim Deed,
# 7 Exhibit 36 - Quitclaim Deed,
# 8 Exhibit 37 - Quitclaim Deed,
# 9 Exhibit 38 - NRB Hearing (Blank),
# 10 Exhibit 39 - Pohlman Affidavit, Exhibit B) (Potts, Brian) Modified on 6/26/2017. (lak)
(Entered: 06/23/2017)

06/23/2017

21 Brief in Support of 19 Motion for Preliminary Injunction by Plaintiff Sauk Prairie Conservation
Alliance. (Potts, Brian) (Entered: 06/23/2017)

06/23/2017

22 Affidavit of Mark Squillace filed by Plaintiff Sauk Prairie Conservation Alliance re: 19 Motion for
Preliminary Injunction. (Potts, Brian) Modified on 6/26/2017: Exhibits. (lak) (Entered: 06/23/2017)

06/23/2017

23 Affidavit of Anna Pidgeon filed by Plaintiff Sauk Prairie Conservation Alliance re: 19 Motion for
Preliminary Injunction. (Potts, Brian) Modified on 6/26/2017: Exhibits. (lak) (Entered: 06/23/2017)

06/23/2017

24 Affidavit of Rob Tyser filed by Plaintiff Sauk Prairie Conservation Alliance re: 19 Motion for
Preliminary Injunction. (Potts, Brian) Modified on 6/26/2017: Exhibits. (lak) (Entered: 06/23/2017)

06/23/2017

25 Affidavit of Jacob Allgeier filed by Plaintiff Sauk Prairie Conservation Alliance re: 19 Motion for
Preliminary Injunction. (Potts, Brian) Modified on 6/26/2017: Exhibits. (lak) (Entered: 06/23/2017)

06/23/2017

26 Affidavit of Paul Senner filed by Plaintiff Sauk Prairie Conservation Alliance re: 19 Motion for
Preliminary Injunction. (Potts, Brian) Modified on 6/26/2017: Exhibits. (lak) (Entered: 06/23/2017)

06/23/2017

27 Affidavit of Charles Luthin filed by Plaintiff Sauk Prairie Conservation Alliance re: 19 Motion for
Preliminary Injunction. (Potts, Brian) (Entered: 06/23/2017)

06/23/2017

28 Affidavit of Mimi Wuest filed by Plaintiff Sauk Prairie Conservation Alliance re: 19 Motion for
Preliminary Injunction. (Potts, Brian) (Entered: 06/23/2017)

06/23/2017

29 Affidavit of Donna Stehling filed by Plaintiff Sauk Prairie Conservation Alliance re: 19 Motion for
Preliminary Injunction. (Potts, Brian) (Entered: 06/23/2017)

06/23/2017

30 Affidavit of Bill Stehling filed by Plaintiff Sauk Prairie Conservation Alliance re: 19 Motion for
Preliminary Injunction. (Potts, Brian) (Entered: 06/23/2017)

06/23/2017

31 Affidavit of Curt Meine filed by Plaintiff Sauk Prairie Conservation Alliance re: 19 Motion for
Preliminary Injunction. (Potts, Brian) (Entered: 06/23/2017)

06/26/2017

32 ORDER denying 19 Motion for Preliminary Injunction by Plaintiff Sauk Prairie Conservation
Alliance. Signed by District Judge James D. Peterson on 6/26/2017. (voc) (Entered: 06/26/2017)

06/26/2017

33 Motion for Reconsideration re: 32 Order on Motion for Preliminary Injunction by Plaintiff Sauk
Prairie Conservation Alliance. Response due 7/3/2017. (Potts, Brian) (Entered: 06/26/2017)

06/28/2017

34 ORDER denying 33 Motion for Reconsideration. Signed by District Judge James D. Peterson on
6/28/17. (jat) (Entered: 06/28/2017)

08/07/2017

35 NOTICE OF APPEAL by Plaintiff Sauk Prairie Conservation Alliance as to 32 Order. Filing fee of
$ 505, receipt number 0758-2080036 paid. Docketing Statement filed. (Attachments:

# 1 Docketing Statement) (Potts, Brian) Modified on 8/7/2017. (lak) (Entered: 08/07/2017)
08/07/2017

36 Transcript Request Form by Plaintiff Sauk Prairie Conservation Alliance. (Potts, Brian) (Entered:
08/07/2017)

08/07/2017

37 Appeal Information Packet. (lak) (Entered: 08/07/2017)