| Date Filed | Doc # | Docket Text |
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| 2016-01-26 | 1 | COMPLAINT Fee Exemption in accordance with statute, filed by Plaintiff Lemieux & O'Neill, Ex Rel. Las Virgenes-Triunfo Joint Powers Authority. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9) (Attorney W Keith Lemieux, Jr added to party Lemieux & O'Neill, Ex Rel. Las Virgenes-Triunfo Joint Powers Authority(pty:bkmov))(Lemieux, W) (Entered: 01/26/2016) |
| 2016-01-26 | 2 | CIVIL COVER SHEET filed by Movant Lemieux & O'Neill, Ex Rel. Las Virgenes-Triunfo Joint Powers Authority. (Lemieux, W) (Entered: 01/26/2016) |
| 2016-01-26 | 3 | Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiff Lemieux & O'Neill, Ex Rel. Las Virgenes-Triunfo Joint Powers Authority. (Lemieux, W) (Entered: 01/26/2016) |
| 2016-01-26 | 4 | NOTICE of Interested Parties filed by Plaintiff Lemieux & O'Neill, Ex Rel. Las Virgenes-Triunfo Joint Powers Authority, (Lemieux, W) (Entered: 01/26/2016) |
| 2016-01-27 | 5 | NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening) 1 . The following error(s) was found: A case-initiating document was submitted without payment of the full filing fee. Within two business days of this notice, counsel must pay the filing fee or file a request to proceed in forma pauperis;otherwise, the docket for this case number will be closed and no further filings will be permitted under this case number. The filing fee may be paid online by docketing the event Pay Filing Fee. (et) (Entered: 01/27/2016) |
| 2016-01-28 | | FILING FEE PAID for new civil case. Receipt No. 0973-17181890 for $400 filing fee. (Lemieux, W) (Entered: 01/28/2016) |
| 2016-01-29 | 6 | NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Charles F. Eick. (et) (Entered: 01/29/2016) |
| 2016-01-29 | 7 | NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 01/29/2016) |
| 2016-01-29 | 8 | NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request 3 . The following error(s) was found: The name and address of the attorney for plaintiff(s)must be entered in the appropriate field. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (et) (Entered: 01/29/2016) |
| 2016-01-29 | 9 | Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiff Lemieux and ONeill, Ex Rel. Las Virgenes-Triunfo Joint Powers Authority. (Lemieux, W) (Entered: 01/29/2016) |
| 2016-01-29 | 10 | 60 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendants Gina McCarthy, United States Environmental Protection Agency. (et) (Entered: 01/29/2016) |
| 2016-02-09 | 11 | PROOF OF SERVICE Executed by Plaintiff Lemieux and ONeill, Ex Rel. Las Virgenes-Triunfo Joint Powers Authority, upon Defendant United States Environmental Protection Agency served on 2/4/2016, answer due 4/4/2016. Service of the Summons and Complaint were NOT executed upon the United States Attorneys Office which was NOT served. The Attorney Generals Office of the United States was NOT served. Executed upon the officer agency or corporation by delivering a copy to Pat Myles. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Attachments: # 1 Declaration Certified Mail)(Lemieux, W) (Entered: 02/09/2016) |
| 2016-02-09 | 12 | PROOF OF SERVICE Executed by Plaintiff Lemieux and ONeill, Ex Rel. Las Virgenes-Triunfo Joint Powers Authority, upon Defendant Gina McCarthy served on 2/3/2016, answer due 4/4/2016. Service of the Summons and Complaint were NOT executed upon the United States Attorneys Office which was NOT served. The Attorney Generals Office of the United States was NOT served. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Attachments: # 1 Declaration Certified Mail)(Lemieux, W) (Entered: 02/09/2016) |
| 2016-03-10 | 13 | PROOF OF SERVICE Executed by Plaintiff Lemieux and ONeill, Ex Rel. Las Virgenes-Triunfo Joint Powers Authority, upon Loretta Lynch, Attorney General Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to (unable to read written name). Executed upon the Attorney Generals Office of the United States by delivering a copy to unable to read written name. Executed upon the officer agency or corporation by unspecified means. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Lemieux, W) (Entered: 03/10/2016) |
| 2016-04-01 | 14 | Joint STIPULATION Extending Time to Answer the complaint as to United States Environmental Protection Agency answer now due 4/27/2016; Gina McCarthy answer now due 4/27/2016, filed by defendant United States Environmental Protection Agency; Gina McCarthy.(Attorney Justin A Okun added to party Gina McCarthy(pty:dft), Attorney Justin A Okun added to party United States Environmental Protection Agency(pty:dft))(Okun, Justin) (Entered: 04/01/2016) |
| 2016-04-27 | 15 | ANSWER to Complaint (Attorney Civil Case Opening), 1 filed by defendant United States Environmental Protection Agency.(Okun, Justin) (Entered: 04/27/2016) |
| 2016-04-28 | 16 | ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 8/8/2016 at 10:00 AM before Judge Andre Birotte Jr. (cb) (Entered: 04/28/2016) |
| 2016-04-29 | 17 | Notice of Appearance or Withdrawal of Counsel: for attorney Christine M Carson counsel for Plaintiff Lemieux and ONeill, Ex Rel. Las Virgenes-Triunfo Joint Powers Authority. Christine Carson is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Lemieux & O'Neill, Ex Rel.. (Carson, Christine) (Entered: 04/29/2016) |
| 2016-04-29 | 18 | Notice of Appearance or Withdrawal of Counsel: for attorney Christine M Carson counsel for Plaintiff Lemieux and ONeill, Ex Rel. Las Virgenes-Triunfo Joint Powers Authority. Adding Colin O'Neill as counsel of record for Lemieux & O'Neill, Ex Rel. Las Virgenes-Triunfo JPA for the reason indicated in the G-123 Notice. Filed by Plaintiff Lemieux & O'Neill, Ex Rel.. (Carson, Christine) (Entered: 04/29/2016) |
| 2016-07-25 | 19 | STATUS REPORT Joint Rule 26(f) Report filed by Plaintiff Lemieux and ONeill, Ex Rel. Las Virgenes-Triunfo Joint Powers Authority. (Lemieux, W) (Entered: 07/25/2016) |
| 2016-08-05 | 20 | (IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: The Court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the Court VACATES the August 8, 2016 Scheduling Conference. Order re Court Trial to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY (Entered: 08/05/2016) |
| 2016-08-05 | 21 | ORDER/REFERRAL to ADR Procedure No 2 by Judge Andre Birotte Jr. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 2/7/2017. (cb) (Entered: 08/05/2016) |
| 2016-08-05 | 22 | ORDER RE COURT TRIAL: I. DEADLINES; II. TRIAL PREPARATION; III. CONDUCT OF ATTORNEYS AND PARTIES by Judge Andre Birotte Jr.: Last Day to Add Parties/AmendPleadings 10/3/2016. Non-expert Discovery cut-off 11/4/2016. Expert Disclosure (Initial) due 9/13/2016. Expert Disclosure (Rebuttal) due 9/27/2016. Expert Discovery Cut-off due 10/4/2016. Last Day to Hear Motions set on 1/23/2017 at 10:00 AM. Summary Judgment Briefing Schedule: Motion filing due 10/7/2016; Opposition filing due 10/28/2016; Reply filing due 11/10/2016; Hearing set on 12/5/2016. Last Day to Conduct ADR Proceeding 2/7/2017. Lodge Findings of Fact and Conclusions of Law, and Summaries of Direct Testimony by 3/20/2017. Final Pretrial Conference set for 4/10/2017 11:00 AM before Judge Andre Birotte Jr. Bench Trial set for 5/2/2017 08:30 AM before Judge Andre Birotte Jr., See document for further details. (gk) (Entered: 08/05/2016) |
| 2016-09-12 | 23 | Joint STIPULATION to Vacate Court Deadlines filed by defendant United States Environmental Protection Agency. (Attachments: # 1 Proposed Order)(Okun, Justin) (Entered: 09/12/2016) |
| 2016-09-16 | 24 | MINUTES (IN CHAMBERS) Order Denying Joint Stipulation to Vacate Court Deadlines by Judge Andre Birotte Jr.: The Court DENIES the parties' Stipulation 23 . Should the parties believe it necessary to seek relief from an approaching deadline, they should proceed according to the applicable rules by filing a stipulation or else, in the event of disagreement, a motion to amend the scheduling order. At that time, the Court will consider whether relief is warranted. Court Reporter: N/A. (gk) (Entered: 09/16/2016) |
| 2016-09-28 | 25 | Joint STIPULATION for Extension of Time to File Motion for Summary Judgment filed by defendant United States Environmental Protection Agency. (Attachments: # 1 Proposed Order)(Okun, Justin) (Entered: 09/28/2016) |
| 2016-09-30 | 26 | ORDER TO AMEND SUMMARY JUDGMENT BRIEFING SCHEDULE by Judge Andre Birotte Jr.: Upon Stipulation for Extension of Time to File 25 , IT IS HEREBY ORDERED that the Summary Judgment Briefing Schedule is amended as follows: Motion filing due 12/2/2016; Opposition filing due 12/23/2016; Reply filing due 1/6/2017; Hearing set for 1/30/2017 at 10:00 AM. In addition, the Last Day to Conduct ADR Proceeding is continued to 2/28/2017. All other dates, including the Trial Date and Final Pretrial Conference remain as previously scheduled by the Court. (gk) (Entered: 10/03/2016) |
| 2016-11-30 | 27 | Joint STIPULATION for Extension of Time to File Motion for Summary Judgment filed by defendant United States Environmental Protection Agency. (Attachments: # 1 Proposed Order)(Okun, Justin) (Entered: 11/30/2016) |
| 2016-11-30 | 28 | Notice of Appearance or Withdrawal of Counsel: for attorney Manuel D Serpa counsel for Plaintiff Lemieux and ONeill, Ex Rel. Las Virgenes-Triunfo Joint Powers Authority. Adding Manuel D Serpa as counsel of record for Lemieux & O'Neill, Ex Rel. Las Virgenes-Triunfo JPA for the reason indicated in the G-123 Notice. Filed by Plaintiff Lemieux & O'Neill, Ex Rel.. (Attorney Manuel D Serpa added to party Lemieux and ONeill, Ex Rel. Las Virgenes-Triunfo Joint Powers Authority(pty:pla))(Serpa, Manuel) (Entered: 11/30/2016) |
| 2016-12-02 | 29 | NOTICE OF MOTION AND MOTION for Summary Judgment filed by defendant United States Environmental Protection Agency. Motion set for hearing on 1/30/2017 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Declaration of Justin A. Okun, # 2 Declaration of Janet Hashimoto, # 3 Separate Statement of Undisputed Facts and Conclusions of Law, # 4 Proposed Order) (Okun, Justin) (Entered: 12/02/2016) |
| 2016-12-05 | 30 | NOTICE TO PARTIES by District Judge Andre Birotte Jr. Effective December 12, 2016, Judge Birotte will be located at the 1st Street Courthouse, COURTROOM 7B on the 7th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 7B of the 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY (Entered: 12/05/2016) |
| 2016-12-05 | 31 | ORDER RE: JOINT STIPULATION TO AMEND SCHEDULING ORDER by Judge Andre Birotte Jr. The parties Joint Stipulation to Amend Scheduling Order having been taken undersubmission 27 , IT IS HEREBY ORDERED that the Summary Judgment Briefing Schedule is amended as follows: Motion filing: December 12, 2016 Opposition filing: January 9, 2016 Reply filing: January 16, 2017 All other dates, including the hearing date for the Motion for Summary Judgment set for January 30, 2017 at 10:00 a.m., remain as previously scheduled by the Court. (iv) (Entered: 12/05/2016) |
| 2017-01-09 | 32 | MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment 29 and Cross-Motion for Summary Judgment filed by Plaintiff Lemieux and ONeill, Ex Rel. Las Virgenes-Triunfo Joint Powers Authority. (Attachments: # 1 Memorandum Response to US EPA Separate Statement of Undisputed Facts and Conclusions of Law, # 2 Proposed Order)(Serpa, Manuel) (Entered: 01/09/2017) |
| 2017-01-16 | 33 | REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment 29 filed by Defendant United States Environmental Protection Agency. (Attachments: # 1 Declaration of Justin A. Okun)(Okun, Justin) (Entered: 01/16/2017) |
| 2017-01-17 | 34 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Opposition to Motion 32 . The following error(s) was found: Incorrect event selected. The correct event is: Applications/Ex Parte Applications/ Motions/Petitions/Requests - Summary Judgment. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (iv) (Entered: 01/17/2017) |
| 2017-01-27 | 35 | (IN CHAMBERS) ORDER TAKING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DKT. 29 ) UNDER SUBMISSION by Judge Andre Birotte Jr.: The Court has considered the matters raised with respect to the Motion and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion, noticed for hearing on January 30, 2017, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY (Entered: 01/27/2017) |
| 2017-01-27 | 36 | ORDER RE: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT by Judge Andre Birotte Jr.: EPA's motion for summary judgment 29 is GRANTED and Plaintiff's cross-motion 32 is DENIED. EPA shall file a proposed judgment by 2/10/2017. (gk) (Entered: 01/27/2017) |
| 2017-02-03 | 37 | NOTICE OF LODGING filed re Order on Motion for Summary Judgment, 36 (Attachments: # 1 Proposed Judgment)(Okun, Justin) (Entered: 02/03/2017) |
| 2017-03-06 | 38 | Notice of Appearance or Withdrawal of Counsel: for attorney Geoffrey Daniel Wilson counsel for Defendants Gina McCarthy, United States Environmental Protection Agency. Adding Geoffrey D. Wilson as counsel of record for Defendants for the reason indicated in the G-123 Notice. Justin A. Okun is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants Gina McCarthy et al. (Attorney Geoffrey Daniel Wilson added to party Gina McCarthy(pty:dft), Attorney Geoffrey Daniel Wilson added to party United States Environmental Protection Agency(pty:dft))(Wilson, Geoffrey) (Entered: 03/06/2017) |
| 2017-03-08 | 39 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123),, 38 . The following error(s) was found: Other error(s) with document(s) are specified below In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ak) (Entered: 03/08/2017) |
| 2017-03-09 | 40 | Notice of Appearance or Withdrawal of Counsel: for attorney Justin A Okun counsel for Defendants Gina McCarthy, United States Environmental Protection Agency. Justin Okun is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Gina McCarthy, United States Environmental Protection Agency. (Okun, Justin) (Entered: 03/09/2017) |
| 2017-03-16 | 41 | JUDGMENT by Judge Andre Birotte Jr.: The Court, having granted the Defendant's motion for summary judgment based on its determination that there was no genuine issue as to any material fact and that Defendant was entitled to judgment as a matter of law on all claims for relief alleged against it, and in accordance with its Order of 1/27/2017, granting summary judgment 36 ; IT IS NOW, THEREFORE, HEREBY ORDERED, ADJUDGED AND DECREED, that Defendant United States Environmental Protection Agency shall have judgment in its favor on Plaintiff's entire action. (MD JS-6, Case Terminated). (gk) (Entered: 03/17/2017) |
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