Case: Washington Area Bicyclist Association, Inc. v. Burgum

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-12313978) filed by WASHINGTON AREA BICYCLIST ASSOCIATION, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons)(Brugato, Thomas) (Entered: 03/23/2026)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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10 Summons

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11 Summons

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NOTICE of Appearance by Thomas R. Brugato on behalf of WASHINGTON AREA BICYCLIST ASSOCIATION, INC. (Brugato, Thomas) (Entered: 03/23/2026)

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by WASHINGTON AREA BICYCLIST ASSOCIATION, INC. (Brugato, Thomas) (Entered: 03/23/2026)

NOTICE of Appearance by Judith E. Coleman on behalf of All Defendants (Coleman, Judith) (Entered: 03/23/2026)

NOTICE of Appearance by Gary S. Guzy on behalf of WASHINGTON AREA BICYCLIST ASSOCIATION, INC. (Guzy, Gary) (Entered: 03/23/2026)

SUMMONS (10) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zhcn) (Entered: 03/23/2026)

1 Notice and Consent

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Case Assigned/Reassigned

Case Assigned to Judge Amy Berman Jackson. (zhcn)

Joint STATUS REPORT AND PROPOSED SCHEDULE by WASHINGTON AREA BICYCLIST ASSOCIATION, INC.. (Brugato, Thomas) (Entered: 03/24/2026)

.Order AND ~Util - Set/Reset Hearings

MINUTE ORDER. It is hereby ORDERED that a telephone scheduling conference on the record is set for March 25, 2026 at 9:30 AM. The Courtroom Deputy will provide the dial-in information by separate email. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/24/2026. (zdrf)

Minute Entry for Scheduling Conference proceedings held on 3/25/2026 before Judge Amy Berman Jackson. Status Conference set for 3/26/2026 at 2:00 PM by Telephonic/VTC before Judge Amy Berman Jackson. (Court Reporter Rebecca Monroe-AM and Janice Dickman-PM) (zdrf)

Scheduling Conference AND ~Util - Set/Reset Hearings

TRANSCRIPT OF PROCEEDINGS before Judge Amy Berman Jackson held on March 26, 2026 - Afternoon Hearing; Page Numbers: 1-8. Date of Issuance: March 26, 2026. Court Reporter: Janice Dickman, Telephone number: 202-354-3267, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 4/16/2026. Redacted Transcript Deadline set for 4/26/2026. Release of Transcript Restriction set for 6/24/2026.(Dickman, Janice) (Entered: 03/26/2026)

MOTION for Preliminary Injunction by WASHINGTON AREA BICYCLIST ASSOCIATION, INC.. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Text of Proposed Order)(Brugato, Thomas) (Entered: 03/26/2026)

1 Memorandum in Support

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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9 Exhibit

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10 Exhibit

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11 Exhibit

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12 Text of Proposed Order

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.Order

Status Conference AND ~Util - Set/Reset Deadlines/Hearings

Minute Entry for Status Conference and Scheduling proceedings held on 3/26/2026 before Judge Amy Berman Jackson. The motion for Preliminary Injunction/TRO must be filed by 3/26/2026. Government's opposition is due by 4/3/2026, and reply is due by 4/7/2026. Motion Hearing set for 4/9/2026 at 9:30 AM in Courtroom 25A- In Person before Judge Amy Berman Jackson. (Court Reporter Janice Dickman) (zdrf)

MINUTE ORDER. As stated at the continued scheduling conference held today, for the reasons stated on the record, it is ORDERED that plaintiff must file its motion for a preliminary injunction by March 26, 2026. Defendants' opposition is due by April 3, and plaintiff's reply, if any, is due by April 7. The Court will defer ruling on the questions of whether it should advance the trial on the merits and consolidate it with the hearing on the motion for preliminary injunction pursuant to Fed. R. Civ. Proc. 65(a)(2), whether plaintiff should be permitted to amend its submissions, and when the administrative record must be filed until after the updated decision documentation is made publicly available. The Court will hold a hearing on the matter on April 9 at 9:30 AM in Courtroom 25A- In Person before Judge Amy Berman Jackson. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/26/2026. (lcabj2)

TRANSCRIPT OF PROCEEDINGS before Judge Amy Berman Jackson held on March 26, 2026; Page Numbers: 1-13. Date of Issuance: March 27, 2026. Court Reporter: Janice Dickman, Telephone number: 202-354-3267, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 4/17/2026. Redacted Transcript Deadline set for 4/27/2026. Release of Transcript Restriction set for 6/25/2026.(Dickman, Janice) (Entered: 03/27/2026)

.Order AND ~Util - Set/Reset Deadlines

MINUTE ORDER. Upon review of the 2/23/26 NEPA Categorical Exclusion for the 15th Street Cycle Track Removal and Road Repaving Project ("the Project") and the 2/27/26 FHWA Categorical Exclusion for the Project, which were made public by the National Park Service on March 25, 2026, and given the representations made during the March 26 scheduling conference that the government is unwilling to delay or suspend the April 23, 2026 start date for the Project while the Court considers the matter, it is hereby ORDERED that the government must produce the administrative record for the 15th Street Cycle Track Removal and Road Repaving Project described in the exclusion documents by March 31, 2026. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/27/2026. (lcabj2)

TRANSCRIPT OF PROCEEDINGS before Judge Amy Berman Jackson held on March 25, 2026 - morning proceedings; Page Numbers: 1 through 21. Date of Issuance:3/30/2026. Court Reporter Rebecca Monroe, email: rebecca_monroe@dcd.uscourts.gov, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 4/20/2026. Redacted Transcript Deadline set for 4/30/2026. Release of Transcript Restriction set for 6/28/2026.(Monroe, Rebecca) (Entered: 03/30/2026)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Benjamin Carl Rolsma, Filing fee $ 100, receipt number ADCDC-12329747. Fee Status: Fee Paid. by WASHINGTON AREA BICYCLIST ASSOCIATION, INC.. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Brugato, Thomas) (Entered: 03/30/2026)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christina Danielle Coleburn, Filing fee $ 100, receipt number ADCDC-12329750. Fee Status: Fee Paid. by WASHINGTON AREA BICYCLIST ASSOCIATION, INC.. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Certificate of Good Standing, # 4 Text of Proposed Order)(Brugato, Thomas) (Entered: 03/30/2026)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kristin Michele Oakley, Filing fee $ 100, receipt number ADCDC-12329752. Fee Status: Fee Paid. by WASHINGTON AREA BICYCLIST ASSOCIATION, INC.. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Brugato, Thomas) (Entered: 03/30/2026)

NOTICE of Production of Administrative Records by JESSICA BOWRON, DOUGLAS BURGUM, DEPARTMENT OF THE INTERIOR, DEPARTMENT OF TRANSPORTATION, SEAN DUFFY, FEDERAL HIGHWAY ADMINISTRATION, SEAN MCMASTER, NATIONAL PARK SERVICE (Attachments: # 1 Certification for NPS Administrative Record, # 2 Certification for FHWA Administrative Record)(Coleman, Judith) (Entered: 03/31/2026)

1 Certification for NPS Administrative Record

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2 Certification for FHWA Administrative Record

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ADMINISTRATIVE RECORD for the Federal Highway Administration by DOUGLAS BURGUM, DEPARTMENT OF THE INTERIOR, DEPARTMENT OF TRANSPORTATION, SEAN DUFFY, FEDERAL HIGHWAY ADMINISTRATION, SEAN MCMASTER, NATIONAL PARK SERVICE. (Coleman, Judith) (Entered: 03/31/2026)

ADMINISTRATIVE RECORD for the National Park Service by JESSICA BOWRON, DOUGLAS BURGUM, DEPARTMENT OF THE INTERIOR, DEPARTMENT OF TRANSPORTATION, SEAN DUFFY, FEDERAL HIGHWAY ADMINISTRATION, SEAN MCMASTER, NATIONAL PARK SERVICE. (Attachments: # 1 NPS AR Part 2, # 2 NPS AR Part 3, # 3 NPS AR Part 4, # 4 NPS AR Part 5, # 5 NPS AR Part 6, # 6 NPS AR Part 7, # 7 NPS AR Part 8, # 8 NPS AR Part 9)(Coleman, Judith) (Entered: 03/31/2026)

1 NPS AR Part 2

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2 NPS AR Part 3

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3 NPS AR Part 4

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4 NPS AR Part 5

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5 NPS AR Part 6

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6 NPS AR Part 7

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7 NPS AR Part 8

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8 NPS AR Part 9

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Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER granting 12 Motion for Leave of Benjamin Carl Rolsma to Appear Pro Hac Vice only upon condition that the lawyer admitted, or at least one member of the lawyer's firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amy Berman Jackson on 3/31/2026. (lcem)

MINUTE ORDER granting 13 Motion for Leave of Christina Danielle Coleburn to Appear Pro Hac Vice only upon condition that the lawyer admitted, or at least one member of the lawyer's firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amy Berman Jackson on 3/31/2026. (lcem)

MINUTE ORDER granting 14 Motion for Leave of Kristin Michele Oakley to Appear Pro Hac Vice only upon condition that the lawyer admitted, or at least one member of the lawyer's firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amy Berman Jackson on 3/31/2026. (lcem)

NOTICE of Appearance by Benjamin Rolsma on behalf of WASHINGTON AREA BICYCLIST ASSOCIATION, INC. (Rolsma, Benjamin) (Entered: 04/01/2026)

NOTICE of Appearance by Kristin M. Oakley on behalf of WASHINGTON AREA BICYCLIST ASSOCIATION, INC. (Oakley, Kristin) (Entered: 04/01/2026)

.Order

MINUTE ORDER. Since the government has provided the documentation that underlies its decision, and the issues to be resolved are largely legal and not factual, and given the discussion on the record at the March 25 scheduling conference, the Court will consolidate the hearing on the motion for preliminary injunction with the trial on the merits pursuant to Fed. R. Civ. Proc. 65. The Court will deem plaintiff's motion for preliminary injunction 9 to be a motion for summary judgment as well; defendants' opposition, due on April 3, will be consolidated with their opposition to the motion for summary judgment and memorandum in support of a cross-motion for summary judgment, all supported by a single memorandum of points and authorities; plaintiff's reply in support of its motions will be consolidated with its cross-opposition in a single brief due at noon on April 7; and defendants' cross reply will be due at 5:00 p.m. on April 8. Replies need not repeat arguments made in earlier submissions. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/2/2026. (lcabj2)

NOTICE of Appearance by Christina Coleburn on behalf of WASHINGTON AREA BICYCLIST ASSOCIATION, INC. (Coleburn, Christina) (Entered: 04/03/2026)

Memorandum in opposition to re 9 MOTION for Preliminary Injunction and Summary Judgment filed by JESSICA BOWRON, DOUGLAS BURGUM, DEPARTMENT OF THE INTERIOR, DEPARTMENT OF TRANSPORTATION, SEAN DUFFY, FEDERAL HIGHWAY ADMINISTRATION, SEAN MCMASTER, NATIONAL PARK SERVICE. (Attachments: # 1 Text of Proposed Order)(Coleman, Judith) (Entered: 04/03/2026)

1 Text of Proposed Order

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Cross MOTION for Summary Judgment by JESSICA BOWRON, DOUGLAS BURGUM, DEPARTMENT OF THE INTERIOR, DEPARTMENT OF TRANSPORTATION, SEAN DUFFY, FEDERAL HIGHWAY ADMINISTRATION, SEAN MCMASTER, NATIONAL PARK SERVICE. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Coleman, Judith) (Entered: 04/03/2026)

1 Memorandum in Support

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2 Text of Proposed Order

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MINUTE ORDER. Any amended complaint to be filed pursuant to Federal Rule of Civil Procedure 15(a)(1) must be docketed by April 7, 2026. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/6/2026. (lcabj2)

.Order AND ~Util - Set/Reset Deadlines

MINUTE ORDER. To the extent the government is asserting that a separate "decision" was made on March 31, 2026 with respect to the 15th Street Cycle Track Removal and Road Repaving Project, it is hereby ORDERED to file any portions of the administrative record underlying that "decision" that have not yet been docketed by April 7, 2026. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/6/2026. (lcabj2)

AMENDED COMPLAINT against All Defendants filed by WASHINGTON AREA BICYCLIST ASSOCIATION, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Brugato, Thomas) (Entered: 04/07/2026)

1 Exhibit A

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2 Exhibit B

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REPLY to opposition to motion re 22 Motion for Summary Judgment, filed by WASHINGTON AREA BICYCLIST ASSOCIATION, INC.. (Attachments: # 1 Text of Proposed Order)(Brugato, Thomas) (Entered: 04/07/2026)

1 Text of Proposed Order

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Memorandum in opposition to re 22 Cross MOTION for Summary Judgment and Reply to Opposition to Motion for Injunction filed by WASHINGTON AREA BICYCLIST ASSOCIATION, INC.. (Attachments: # 1 Text of Proposed Order)(Brugato, Thomas) (Entered: 04/07/2026)

1 Text of Proposed Order

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NOTICE of Appearance by Daniel Gerard Randolph on behalf of WASHINGTON AREA BICYCLIST ASSOCIATION, INC. (Randolph, Daniel) (Entered: 04/07/2026)

NOTICE of Redline Version of Complaint and Amended Complaint by WASHINGTON AREA BICYCLIST ASSOCIATION, INC. (Brugato, Thomas) (Entered: 04/07/2026)

VACATED PURSUANT TO ORDER FILED 4/7/26.....MINUTE ORDER. The government is hereby ORDERED to provide an index or table of contents of the administrative records it produced 16, 17, identifying each document and specifying the corresponding start and end page numbers by April 9, 2026. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/7/2026. (lcabj2) Modified on 4/7/2026 (zdrf).

.Order AND ~Util - Set/Reset Deadlines

.Order

MINUTE ORDER. In light of defendants' certifications of the administrative records 15, the Court's order requesting an index or table of contents is hereby VACATED. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/7/2026. (lcab2)

MINUTE ORDER. In light of plaintiff's filing of an amended complaint 23, it is hereby ORDERED that plaintiff shall docket, by today, April 7, a redlined version reflecting the changes between the initial complaint and the amended complaint. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/7/2026. (lcabj2)

REPLY to opposition to motion re 22 Motion for Summary Judgment, filed by JESSICA BOWRON, DOUGLAS BURGUM, DEPARTMENT OF THE INTERIOR, DEPARTMENT OF TRANSPORTATION, SEAN DUFFY, FEDERAL HIGHWAY ADMINISTRATION, SEAN MCMASTER, NATIONAL PARK SERVICE. (Coleman, Judith) (Entered: 04/08/2026)

Minute Entry for Motion Hearing proceedings held on 4/9/2026 before Judge Amy Berman Jackson. Arguments heard and taken under advisement. (Court Reporter Janice Dickman) (zdrf)

Motion Hearing

TRANSCRIPT OF PROCEEDINGS before Judge Amy Berman Jackson Page Numbers: 1-77. Date of Issuance:April 14, 2026. Court Reporter: Janice Dickman, Telephone number: 202-354-3267, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 5/5/2026. Redacted Transcript Deadline set for 5/15/2026. Release of Transcript Restriction set for 7/13/2026.(Dickman, Janice) (Entered: 04/14/2026)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/24/2026. ( Answer due for ALL FEDERAL DEFENDANTS by 5/23/2026.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/03/2026., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JESSICA BOWRON served on 4/2/2026; DOUGLAS BURGUM served on 4/2/2026; DEPARTMENT OF THE INTERIOR served on 4/2/2026; DEPARTMENT OF TRANSPORTATION served on 3/24/2026; SEAN DUFFY served on 3/24/2026; FEDERAL HIGHWAY ADMINISTRATION served on 3/24/2026; SEAN MCMASTER served on 3/24/2026; NATIONAL PARK SERVICE served on 4/2/2026 (Attachments: # 1 Affidavit of Service - Bondi, # 2 Affidavit of Service - Burgum, # 3 Affidavit of Service - DOI, # 4 Declaration of Service - Duffy, # 5 Declaration of Service - DOT, # 6 Declaration of Service - McMaster, # 7 Declaration of Service - FHWA, # 8 Affidavit of Service - Bowron, # 9 Affidavit of Service - NPS)(Brugato, Thomas) (Entered: 04/15/2026)

SUPPLEMENTAL MEMORANDUM to Address Remedy filed by JESSICA BOWRON, DOUGLAS BURGUM, DEPARTMENT OF THE INTERIOR, DEPARTMENT OF TRANSPORTATION, SEAN DUFFY, FEDERAL HIGHWAY ADMINISTRATION, SEAN MCMASTER, NATIONAL PARK SERVICE. (Coleman, Judith) (Entered: 04/16/2026)

Supplemental Memorandum