Orr v. U.S. EPA

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:21-cv-00149-MOC-WCM WILLIAM ORR, ) ) Plaintiff, ) ) ORDER v. ) ) U.S. EPA, U.S. DEPARTMENT OF ) INTERIOR, FRENCH BROAD ) ELECTRIC MEMBERSHIP ) CORPORATION, JEFF LOVEN, ) U.S. FISH AND WILDLIFE SERVICE ) ) Defendants. ) ______________________________________ ) This matter is before the Court for case management purposes following the filing of a Joint Notice (Doc. 58) by the parties.

On November 2, 2021, the Court stayed all proceedings in this case pending the resolution of two appeals filed by Plaintiff in an earlier, related action (William Orr v. U.S. EPA, U.S. Department of Interior, U.S. Forest Service, U.S. Fish and Wildlife Service, French Broad Electric Membership Corporation, and Jeff Loven, No. 1:19-cv-00226-MOC-WCM, United States District Court, Western District of North Carolina (“Orr II”);1 Orr v. U.S. EPA, On June 1, 2017, Plaintiff filed William Orr, Charles Orr v. US EPA, US Forest Service, US Fish and Wildlife Service, French Broad Electric Membership Corporation, and Jeff Loven, No. 1:17-cv-00141-MR-DLH, United States District Court, Western District of North Carolina (“Orr I”). In that matter, the District Court No. 21-1222 (4th Cir.); Orr v. U.S. EPA, No. 21-1841 (4th Cir.). The November Order instructed the parties to file a joint notice upon resolution of all appellate proceedings in Orr II. Doc. 52.

In the Joint Notice, which was filed on August 19, 2022, the parties represent that all appellate proceedings in Orr II have concluded and propose a briefing schedule on the motions that were pending at the time of the stay.

Doc. 58.

Having reviewed the parties’ Joint Notice and the docket, IT IS HEREBY ORDERED that: 1. The stay in this matter is LIFTED.

2. The deadline for Plaintiff to file a consolidated response/reply, limited to pages, to the Private Defendants’ Pre-Answer Motions to Dismiss (Doc. 22), the Federal Defendants’ Motion to Dismiss Plaintiff’s Complaint (Doc. 37), and in support of Plaintiff’s Motion for Preliminary Injunction (Doc. 35) is SET as October 7, 2022.

denied a motion by Plaintiff for a TRO and dismissed the case on June 5, 2017. Plaintiff appealed that decision, but the appeal was dismissed for failure to prosecute. Orr v. U.S. EPA, No. 17-1705, 2017 WL 5997422 (4th Cir. Aug. 7, 2017).

3. The deadline for any reply to Plaintiff's filing is SET as October 28, 2022.

Signed: September 19, 2022 oJ — Goh.

W. Carleton Metcalf hy United States Magistrate Judge lll 4