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Case TitleFoothill Eastern Transporation Corridor Agency et al v. United States Department of Commerce et al
DistrictCentral District of California
CitySouthern Division - Santa Ana
Case Number8:2011cv00249
Date Filed2011-02-10
Date Closed2013-04-09
JudgeJudge Josephine Staton Tucker
PlaintiffFoothill Eastern Transportation Corridor Agency
PlaintiffBoard of Directors of the Foothill Eastern Transportation Corridor Agency
DefendantUnited States Department of Commerce
DefendantNational Oceanic Atmospheric Association
DefendantMediator (ADR Panel)
ASO Jeffrey G Kichaven
Jeff Kichaven, A Professional Corp.
555 W. Fifth St
Suite 3000
Los Angeles, CA 90013
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [63]
FOIA Project Annotation: The court ruled in favor of the Department of Commerce and dismissed the case.
Issues: Housekeeping
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2011-02-101COMPLAINT against Defendants United States Department of Commerce and National Oceanic Atmospheric Association. Case assigned to Judge Josephine Staton Tucker for all further proceedings. Discovery referred to Magistrate Judge Marc L. Goldman.(Filing fee $ 350 Paid). Filed by Plaintiffs Foothill Eastern Transportation Corridor Agency and Board of Directors of the Foothill Eastern Transportation Corridor Agency.(lwag) (lwag). (Additional attachment(s) added on 2/15/2011: # 1 SUMMONS ISSUED) (rla). (Entered: 02/11/2011)
2011-02-102CERTIFICATION and Notice of Interested Parties filed by Plaintiffs Foothill Eastern Transportation Corridor Agency and Board of Directors of the Foothill Eastern Transportation Corridor Agency. (lwag) (lwag). (Entered: 02/11/2011)
2011-02-113INITIAL STANDING ORDER by Judge Josephine Staton Tucker: See order for further details. (lwag) (Entered: 02/11/2011)
2011-02-1130 DAY Summons Issued re Complaint - 1 as to defendants National Oceanic Atmospheric Association, United States Department of Commerce. (rla) (Entered: 02/15/2011)
2011-02-164FIRST AMENDED COMPLAINT against defendants National Oceanic Atmospheric Association, United States Department of Commerce amending Complaint - (Discovery) 1 ; filed by plaintiffs Foothill Eastern Transportation Corridor Agency, Board of Directors of the Foothill Eastern Transportation Corridor Agency (Attachments: # 1 PART 2, # 2 PART 3, # 3 PART 4, # 4 PART 5)(rla) (Additional attachment(s) added on 2/17/2011: # 5 SUMMONS ISSUED) (rla). (Entered: 02/17/2011)
2011-02-1630 DAY Summons Issued re First Amended Complaint, 4 as to defendants National Oceanic Atmospheric Association, United States Department of Commerce. (rla) (Entered: 02/17/2011)
2011-02-165AMENDED CERTIFICATION AND NOTICE of Interested Parties; filed by plaintiffs Board of Directors of the Foothill Eastern Transportation Corridor Agency, Foothill Eastern Transportation Corridor Agency, (rla) (Entered: 02/17/2011)
2011-02-176Proof of Service Via Certified Mail filed by Plaintiffs Board of Directors of the Foothill Eastern Transportation Corridor Agency, Foothill Eastern Transportation Corridor Agency (Thornton, Robert) (Entered: 02/17/2011)
2011-02-247NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document 6 . The following error(s) was found: Incorrect event selected. The correct event is: Proof of Service (subsequent documents). 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. (dg) (Entered: 02/24/2011)
2011-03-168STIPULATION for Extension of Time to File Answer to 05/16/2011 filed by Defendant National Oceanic Atmospheric Association, United States Department of Commerce. (Attachments: # 1 Proposed Order)(Medrano, Alarice) (Entered: 03/16/2011)
2011-03-189ORDER by Judge Josephine Staton Tucker: granting Stipulation Extending Time for Defendants to Answer, Plead or Otherwise Respond to the First Amended Complaint 8 . Defendants National Oceanic Atmospheric Association, United States Department of Commerce shall answer, plead or otherwise respond to the First Amended Complaint on or before 5/16/2011. (mt) (Entered: 03/21/2011)
2011-05-1610STIPULATION for Extension of Time to File Answer to 6/15/2011 re Amended Complaint, 4 filed by Defendants National Oceanic Atmospheric Association, United States Department of Commerce. (Attachments: # 1 Proposed Order)(Medrano, Alarice) (Entered: 05/16/2011)
2011-05-1811ORDER EXTENDING THE TIME FOR DEFENDANTS TO ANSWER, PLEAD OR OTHERWISE RESPOND TO THE FIRST AMENDED COMPLAINT by Judge Josephine Staton Tucker: IT IS SO ORDERED that the defendants shall answer, plead orotherwise respond to the First Amended Complaint in this actionon or before June 15, 2011. 10 (klg) (Entered: 05/19/2011)
2011-06-0912STIPULATION for Extension of Time to File Answer to 07/15/2011 filed by Defendant National Oceanic Atmospheric Association, United States Department of Commerce. (Attachments: # 1 Proposed Order)(Medrano, Alarice) (Entered: 06/09/2011)
2011-06-1313ORDER by Judge Josephine Staton Tucker: EXTENDING THE TIME for Defendants to Answer, Plead or Otherwise Respond to the First Amended Complaint: Granting Stipulation to Extend Time to Answer (More than 30 days) 12 . IT IS SO ORDERED that the defendants shall answer, plead or otherwise respond to the First Amended Complaint in this action on or before July 15, 2011. No further extension will be granted without a sufficient showing of good cause. (rla) (Entered: 06/14/2011)
2011-07-1414STIPULATION for Extension of Time to File Answer to 09/13/2011 filed by Defendant National Oceanic Atmospheric Association, United States Department of Commerce. (Attachments: # 1 Proposed Order)(Medrano, Alarice) (Entered: 07/14/2011)
2011-07-1515ANSWER to Amended Complaint, 4 filed by Defendant National Oceanic Atmospheric Association, United States Department of Commerce.(Medrano, Alarice) (Entered: 07/15/2011)
2011-07-1516DENIED BY ORDER OF THE COURT by Judge Josephine Staton Tucker, re Stipulation to Extending Time to Answer, Plead or Otherwise Respond to the First Amended Complaint 14 . (rla) (Entered: 07/15/2011)
2011-08-0817ORDER by Judge Josephine Staton Tucker, SETTING SCHEDULING CONFERENCE for 10/24/2011 01:30 PM in Courtroom 10-A. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to Judge Josephine Staton Tucker. If plaintiff has not already served the complaint (or any amendment thereto) on all defendants, plaintiff shall promptly do so and shall file proofs of service within three (3) days thereafter. Defendants also shall timely serve and file their responsive pleadings and file proofs of service within three days thereafter. (See document for further details.) (rla) (Entered: 08/09/2011)
2011-10-1118JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 0 days, filed by Defendants National Oceanic Atmospheric Association, United States Department of Commerce.. (Medrano, Alarice) (Entered: 10/11/2011)
2011-10-1119NOTICE AND REQUEST of Settlement Procedure Selection (Sp2) filed; parties request to appear before an attorney selected by the Attorney Settlement Officer Panel or appointed by the Judge for Settlement Proceedings. Filed by Defendants National Oceanic Atmospheric Association, United States Department of Commerce (Attachments: # 1 Proposed Order)(Medrano, Alarice) (Entered: 10/11/2011)
2011-10-1420ORDER by Judge Josephine Staton Tucker: Granted the NOTICE AND REQUEST of Settlement Procedure Selection (Sp2). (twdb) (Entered: 10/17/2011)
2011-10-1721MINUTE ORDER IN CHAMBERS by Judge Josephine Staton Tucker Vacating Scheduling Conference and Setting Case Management Dates. (See order for details) (db) (Entered: 10/18/2011)
2011-12-1622STIPULATION REGARDING SELECTION of Attorney Settlement Officer Filed; Parties stipulate that Jeffrey G. Kichaven may serve as Attorney Settlement Officer for Settlement Proceedings The Plaintiff obtained the consent of the Attorney Settlement Officer. Filed by Plaintiffs Board of Directors of the Foothill Eastern Transportation Corridor Agency, Foothill Eastern Transportation Corridor Agency(Valk, Lauren) (Entered: 12/16/2011)
2011-12-2123NOTICE OF ASSIGNMENT of Attorney Settlement Officer. Jeffrey Kichaven has been assigned to serve as Attorney Settlement Officer. (mb) (Entered: 12/21/2011)
2012-02-2424NOTICE OF FILING AND FILING OF DECLARATION OF JEFFREY S. DILLEN, INDEX OF DOCUMENTS AND EXHIBITS A-B AS PART OF DEFENDANT'S VAUGHN INDEX filed by Defendant National Oceanic Atmospheric Association, United States Department of Commerce. (Medrano, Alarice) (Entered: 02/24/2012)
2012-02-2425NOTICE OF FILING AND FILING OF REDACTED DOCUMENTS, IDENTIFIED IN THE INDEX ATTACHED TO THE DECLARATION OF JEFFREY S. DILLEN [VOLUME 1, PART 1] filed by Defendant National Oceanic Atmospheric Association, United States Department of Commerce. (Medrano, Alarice) (Entered: 02/24/2012)
2012-02-2426NOTICE OF FILING AND FILING OF REDACTED DOCUMENTS, IDENTIFIED IN THE INDEX ATTACHED TO THE DECLARATION OF JEFFREY S. DILLEN [VOLUME 1, PART 2] filed by Defendant National Oceanic Atmospheric Association, United States Department of Commerce. (Medrano, Alarice) (Entered: 02/24/2012)
2012-02-2427NOTICE OF FILING AND FILING OF REDACTED DOCUMENTS, IDENTIFIED IN THE INDEX ATTACHED TO THE DECLARATION OF JEFFREY S. DILLEN [VOLUME 1, PART 3] filed by Defendant National Oceanic Atmospheric Association, United States Department of Commerce. (Medrano, Alarice) (Entered: 02/24/2012)
2012-02-2428NOTICE OF FILING AND FILING OF REDACTED DOCUMENTS, IDENTIFIED IN THE INDEX ATTACHED TO THE DECLARATION OF JEFFREY S. DILLEN [VOLUME 1, PART 4] filed by Defendant National Oceanic Atmospheric Association, United States Department of Commerce. (Medrano, Alarice) (Entered: 02/24/2012)
2012-02-2929NOTICE of Change of Attorney Information for attorney Robert D Thornton counsel for Plaintiffs Board of Directors of the Foothill Eastern Transportation Corridor Agency, Foothill Eastern Transportation Corridor Agency. Lauren C. Valk will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice. Filed by Plaintiff Foothill/Eastern Transportation Corridor Agency and Board of Directors of the Foothill/Eastern Transportation Corridor Agency (Thornton, Robert) (Entered: 02/29/2012)
2012-02-2930NOTICE of Appearance filed by attorney Robert D Thornton on behalf of Plaintiffs Board of Directors of the Foothill Eastern Transportation Corridor Agency, Foothill Eastern Transportation Corridor Agency (Thornton, Robert) (Entered: 02/29/2012)
2012-03-1931STIPULATION for Extension of Time to File Cross Motions for Summary Judgment filed by Plaintiff Board of Directors of the Foothill Eastern Transportation Corridor Agency, Foothill Eastern Transportation Corridor Agency. (Attachments: # 1 Declaration of Audrey Huang, # 2 Proposed Order)(Huang, Audrey) (Entered: 03/19/2012)
2012-03-2132ORDER by Judge Josephine Staton Tucker,granting Stipulation for Extension of Time to File 31 . See order for more information. (twdb) (Entered: 03/21/2012)
2012-04-1633NOTICE OF MOTION AND MOTION for Summary Judgment ; 2. Memorandum Of Points And Authorities In Support Of Motion For Summary Judgment; 3. Declaration Of Jeffrey S. Dillen Filed Separately (Docket No. 24); 4. Redacted Documents And Documents Released In Full Filed Separately (Docket Nos. 25, 26, 27 and 28) filed by Defendant National Oceanic Atmospheric Association, United States Department of Commerce. Motion set for hearing on 6/11/2012 at 10:00 AM before Judge Josephine Staton Tucker. (Attachments: # 1 [Proposed] Judgment, # 2 Separate Statement Of Undisputed Facts And Conclusions Of Law)(Medrano, Alarice) (Entered: 04/16/2012)
2012-04-1634NOTICE OF MOTION AND MOTION for Summary Judgment as to Second and Third Claims filed by Plaintiff Board of Directors of the Foothill Eastern Transportation Corridor Agency, Foothill Eastern Transportation Corridor Agency. Motion set for hearing on 6/11/2012 at 10:00 AM before Judge Josephine Staton Tucker. (Huang, Audrey) (Entered: 04/16/2012)
2012-04-1635DECLARATION of Audrey M. Huang in support of MOTION for Summary Judgment as to Second and Third Claims 34 filed by Plaintiffs Board of Directors of the Foothill Eastern Transportation Corridor Agency, Foothill Eastern Transportation Corridor Agency. (Attachments: # 1 Exhibit Exhibits 1 - 9)(Huang, Audrey) (Entered: 04/16/2012)
2012-04-1636EXHIBIT Filed filed by Plaintiffs Board of Directors of the Foothill Eastern Transportation Corridor Agency, Foothill Eastern Transportation Corridor Agency. Exhibits 10-12 as to Declaration (Motion related), Declaration (Motion related) 35 . (Attachments: # 1 Exhibit Exhibits 13-15, # 2 Exhibit Exhibits 16-21)(Huang, Audrey) (Entered: 04/16/2012)
2012-04-1637MEMORANDUM in Support of MOTION for Summary Judgment as to Second and Third Claims 34 filed by Plaintiffs Board of Directors of the Foothill Eastern Transportation Corridor Agency, Foothill Eastern Transportation Corridor Agency. (Attachments: # 1 Proposed Order)(Huang, Audrey) (Entered: 04/16/2012)
2012-04-1638STATEMENT of Uncontroverted Facts MOTION for Summary Judgment as to Second and Third Claims 34 filed by Plaintiffs Board of Directors of the Foothill Eastern Transportation Corridor Agency, Foothill Eastern Transportation Corridor Agency. (Huang, Audrey) (Entered: 04/16/2012)
2012-04-1739NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Exhibit (non-trial), Exhibit (non-trial) 36 . The following error(s) was found: Title page is missing. 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. (rrp) (Entered: 04/17/2012)
2012-05-2140REPLY MOTION for Summary Judgment as to Second and Third Claims 34 (1. Reply Memorandum In Further Support Of Defendants' Motion For Summary Judgment And Opposition To Plaintiffs' Motion For Summary Judgment; And 2. Supplemental Declaration Of Jeffrey S. Dillen filed by Defendants National Oceanic Atmospheric Association, United States Department of Commerce. (Attachments: # 1 Defendants' Statement Of Genuine Issues In Response to Plaintiffs' Statement of Uncontroverted Facts)(Medrano, Alarice) (Entered: 05/21/2012)
2012-05-2141OPPOSITION OPPOSITION re: MOTION for Summary Judgment ; 2. Memorandum Of Points And Authorities In Support Of Motion For Summary Judgment; 3. Declaration Of Jeffrey S. Dillen Filed Separately (Docket No. 24); 4. Redacted Documents And Documents Released In Full Filed Separa MOTION for Summary Judgment ; 2. Memorandum Of Points And Authorities In Support Of Motion For Summary Judgment; 3. Declaration Of Jeffrey S. Dillen Filed Separately (Docket No. 24); 4. Redacted Documents And Documents Released In Full Filed Separa MOTION for Summary Judgment ; 2. Memorandum Of Points And Authorities In Support Of Motion For Summary Judgment; 3. Declaration Of Jeffrey S. Dillen Filed Separately (Docket No. 24); 4. Redacted Documents And Documents Released In Full Filed Separa 33 filed by Plaintiffs Board of Directors of the Foothill Eastern Transportation Corridor Agency, Foothill Eastern Transportation Corridor Agency. (Horton, Robert) (Entered: 05/21/2012)
2012-05-2142REQUEST FOR JUDICIAL NOTICE re MOTION for Summary Judgment ; 2. Memorandum Of Points And Authorities In Support Of Motion For Summary Judgment; 3. Declaration Of Jeffrey S. Dillen Filed Separately (Docket No. 24); 4. Redacted Documents And Documents Released In Full Filed Separa MOTION for Summary Judgment ; 2. Memorandum Of Points And Authorities In Support Of Motion For Summary Judgment; 3. Declaration Of Jeffrey S. Dillen Filed Separately (Docket No. 24); 4. Redacted Documents And Documents Released In Full Filed Separa MOTION for Summary Judgment ; 2. Memorandum Of Points And Authorities In Support Of Motion For Summary Judgment; 3. Declaration Of Jeffrey S. Dillen Filed Separately (Docket No. 24); 4. Redacted Documents And Documents Released In Full Filed Separa 33 filed by Plaintiff Board of Directors of the Foothill Eastern Transportation Corridor Agency, Foothill Eastern Transportation Corridor Agency. (Attachments: # 1 Declaration of Robert C. Horton in Support of RJN)(Horton, Robert) (Entered: 05/21/2012)
2012-05-2143STATEMENT of Genuine Disputes of Material Fact in Response to Defendants' Separate Statement of Undisputed Facts MOTION for Summary Judgment ; 2. Memorandum Of Points And Authorities In Support Of Motion For Summary Judgment; 3. Declaration Of Jeffrey S. Dillen Filed Separately (Docket No. 24); 4. Redacted Documents And Documents Released In Full Filed Separa MOTION for Summary Judgment ; 2. Memorandum Of Points And Authorities In Support Of Motion For Summary Judgment; 3. Declaration Of Jeffrey S. Dillen Filed Separately (Docket No. 24); 4. Redacted Documents And Documents Released In Full Filed Separa MOTION for Summary Judgment ; 2. Memorandum Of Points And Authorities In Support Of Motion For Summary Judgment; 3. Declaration Of Jeffrey S. Dillen Filed Separately (Docket No. 24); 4. Redacted Documents And Documents Released In Full Filed Separa 33 filed by Plaintiffs Board of Directors of the Foothill Eastern Transportation Corridor Agency, Foothill Eastern Transportation Corridor Agency. (Horton, Robert) (Entered: 05/21/2012)
2012-06-01NOTICE by Judge Josephine Staton Tucker: EFFECTIVE JUNE 1, 2012, parties/counsel are informed that CIVIL law and motion matters will be heard on FRIDAYS at 2:30 p.m. All motions presently on calendar will remain as previously set, subject to further order. Counsel MUST continue to consult the Closed Motion Dates drop-down menu on the Courts web site under Judges' Requirements/Judges Procedures and Schedules, prior to filing their motion.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(Guerrero, Terry) TEXT ONLY ENTRY (Entered: 06/01/2012)
2012-06-1144MINUTES OF Motion Hearing held before Judge Josephine Staton Tucker: (1) PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT; (2) DEFENDANTS' MOTION FOR SUMMARY JUDGMENT: Cause called. Hearing held. Counsel argue. Matters submitted to the Court. Court Reporter: Deborah Parker. (rla) (Entered: 06/12/2012)
2012-06-1245MINUTES (IN CHAMBERS): ORDER by Judge Josephine Staton Tucker: granting in part Plaintiffs' 34 Motion for Summary Judgment. denying DEFENDANTS 33 Motion for Summary Judgment; Accordingly, Defendants Motion for Summary Judgment is DENIED without prejudice, and Plaintiffs Motion for Summary Judgment is GRANTED with respect to the segregability analysis only. Defendants are hereby ordered to file a revised Vaughn index that takes into account the deficiencies identified by the Court by no later than July 12, 2012. The parties aredirected to file a joint status report regarding further proceedings no later than July 27, 2012. (twdb) (Entered: 06/13/2012)
2012-07-1346NOTICE OF FILING AND FILING OF REVISED VAUGHN INDEX filed by DEFENDANT National Oceanic Atmospheric Association, United States Department of Commerce. (Attachments: # 1 Vaughn Index)(Medrano, Alarice) (Entered: 07/13/2012)
2012-07-1347NOTICE OF FILING AND FILING OF REVISED DECLARATION filed by DEFENDANT National Oceanic Atmospheric Association, United States Department of Commerce. (Attachments: # 1 Declaration)(Medrano, Alarice) (Entered: 07/13/2012)
2012-07-2748STATUS REPORT JOINT STATUS REPORT RE FURTHER PROCEEDINGS filed by Plaintiffs Board of Directors of the Foothill Eastern Transportation Corridor Agency, Foothill Eastern Transportation Corridor Agency. (Attachments: # 1 Declaration of Alarice M. Medrano)(Horton, Robert) (Entered: 07/27/2012)
2012-08-1449MINUTE ORDER IN CHAMBERS by Judge Josephine Staton Tucker: REQUIRING PARTIES TO MEET AND CONFER RE: REVISED VAUGHN INDEX AND SETTING BRIEFING SCHEDULE FOR FURTHER PROCEEDINGS: Court ORDERS as follows: 1. The parties are to meet and confer no later than September 28, 2012, to identify the documents that Plaintiffs still believe contain factual information that may be segregated from the document based on the revised Vaughn Index (Doc. 46), and determine whether any further revision to the Vaughn Index would resolve the issues. 2. If the matter is not resolved following the conference of counsel, Defendants may renew their motion for summary judgment no later than 30 days after the conference of counsel. Defendants shall notice the hearing for an available date on the Courts calendar that accommodates the following briefing schedule: Plaintiffs may file an opposition within 14 days of the filing of the motion for summary judgment, and no later than 28 days before the hearing on the motion for summary judgment. Defendants may file a reply within 14 days of the filing of the opposition, and no later than 14 days before the hearing on the motion for summary judgment. (rla) (Entered: 08/14/2012)
2012-10-2950NOTICE OF MOTION AND Renewed MOTION for Summary Judgment as to RULE 56 OF THE FEDERAL RULES OF CIVIL PROCEDURE ; 2. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT; 3. DECLARATIONS OF JEFFREY S. DILLEN (DOCKET NO. 24, 40, AND 47-1); 4. REVISED VAUGHN INDEX (DOCKET NO. 46); 5. REDACTED DOCUMENTS (DOCKET NOS. 25-28) filed by DEFENDANTS National Oceanic Atmospheric Association, United States Department of Commerce. Motion set for hearing on 2/1/2013 at 02:30 PM before Judge Josephine Staton Tucker. (Attachments: # 1 [PROPOSED] JUDGMENT)(Medrano, Alarice) (Entered: 10/29/2012)
2012-11-1351NOTICE OF MOTION AND Renewed MOTION for Summary Judgment as to On the Second and Third Claims in its action for declaratory judgment and injunctive relief filed by Plaintiffs Board of Directors of the Foothill Eastern Transportation Corridor Agency, Foothill Eastern Transportation Corridor Agency. Motion set for hearing on 2/1/2012 at 02:30 PM before Judge Josephine Staton Tucker. (Attachments: # 1 Memorandum of Points and Authorities in Support of Plaintiffs' Combined and Renewed Cross-Motion for Summary Judgment, # 2 Exhibit A to Memorandum of Points and Authorities, # 3 Proposed Order Granting Plaintiffs' Renewed Motion for Summary Judgment)(Thornton, Robert) (Entered: 11/13/2012)
2012-11-2852Joint STIPULATION to Continue THE BRIEFING SCHEDULE ON THE RENEWED CROSS-MOTIONS FOR SUMMARY JUDGMENT (DOCKET #50 AND DOCKET #51) from 11/27/2012 - 01/18/2013 to 01/04/2013 filed by DEFENDANTS National Oceanic Atmospheric Association, United States Department of Commerce. (Attachments: # 1 Proposed Order)(Medrano, Alarice) (Entered: 11/28/2012)
2012-11-2953ORDER by Judge Josephine Staton Tucker, granting Stipulation to Continue 52 . IT IS SO ORDERED that the briefing schedule on the partiesCross-Motions for Summary Judgment is amended as follows: Defendants may file an Opposition/Reply no later than January 4, 2013 (28 days before the hearing on the parties Cross-Motions for Summary Judgment); and Plaintiffs may file a Reply no later than January 18, 2013 (14 days before the hearing on the parties Cross-Motions for Summary Judgment). The hearing on the Cross-Motions for Summary Judgment remains set for February 1, 2013, at 2:30 p.m. (twdb) (Entered: 11/30/2012)
2012-12-2054NOTICE of Change of Attorney Information for attorney Robert C Horton counsel for Plaintiffs Board of Directors of the Foothill Eastern Transportation Corridor Agency, Foothill Eastern Transportation Corridor Agency.Robert C. Horton is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Plaintiff Foothill/Eastern Transportation Corridor Agency and Board of Directors of the Foothill/Eastern Transportation Corridor Agency (Horton, Robert) (Entered: 12/20/2012)
2013-01-0355Joint STIPULATION to Continue 21 DAY CONTINUANCE OF THE HEARING AND THE BRIEFING SCHEDULE ON THE PARTIES' RENEWED CROSS-MOTIONS FOR SUMMARY JUDGMENT (DOCKET #50 AND 51); AND DECLARATION OF ALARICE M. MEDRANO from 01/04/2013 AND 01/18/2013 to 01/25/2013 AND 02/01/2013 filed by DEFENDANTS National Oceanic Atmospheric Association, United States Department of Commerce. (Attachments: # 1 Proposed Order)(Medrano, Alarice) (Entered: 01/03/2013)
2013-01-0756ORDER by Judge Josephine Staton Tucker, GRANTING 21-DAY CONTINUANCE OF THE HEARING AND THE BRIEFING SCHEDULE ON THE PARTIES' CROSS-MOTIONS FOR SUMMARY JUDGMENT UNITED STATES DEPARTMENT (Docket #50 and Docket #51): [NOTE: CHANGES MADE BY THE COURT]: re Stipulation to Continue, 55 : The deadline for Defendants to file an Opposition/Reply is continued to 1/25/13; and the deadline for Plaintiffs to file a Reply is 2/08/13. The hearing on the Cross-Motions for Summary Judgment is 2/22/13 at 2:30. (See document for further details.) (rla) (Entered: 01/08/2013)
2013-01-2257NOTICE of Change of Attorney Information for attorney David Joseph Miller counsel for Plaintiffs Board of Directors of the Foothill Eastern Transportation Corridor Agency, Foothill Eastern Transportation Corridor Agency. Adding David J. Miller as attorney as counsel of record for Foothill/Eastern Transportation Corridor Agency and Board of Directors of the Foothill/Eastern Transportation Corridor Agency for the reason indicated in the G-06 Notice. Filed by Plaintiffs Foothill/Eastern Transportation Corridor Agency and Board of Directors of the Foothill/Eastern Transportation Corridor Agency (Miller, David) (Entered: 01/22/2013)
2013-01-2558REPLY IN SUPPORT OF Renewed MOTION for Summary Judgment as to RULE 56 OF THE FEDERAL RULES OF CIVIL PROCEDURE ; 2. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT; 3. DECLARATIONS OF JEFFREY S. DILLEN (DOCKET NO. 24, 40, AND 47-1); 4. REVIRenewed MOTION for Summary Judgment as to RULE 56 OF THE FEDERAL RULES OF CIVIL PROCEDURE ; 2. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT; 3. DECLARATIONS OF JEFFREY S. DILLEN (DOCKET NO. 24, 40, AND 47-1); 4. REVIRenewed MOTION for Summary Judgment as to RULE 56 OF THE FEDERAL RULES OF CIVIL PROCEDURE ; 2. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT; 3. DECLARATIONS OF JEFFREY S. DILLEN (DOCKET NO. 24, 40, AND 47-1); 4. REVI 50 filed by Defendants National Oceanic Atmospheric Association, United States Department of Commerce. (Medrano, Alarice) (Entered: 01/25/2013)
2013-02-0859REPLY in support of Renewed MOTION for Summary Judgment as to On the Second and Third Claims in its action for declaratory judgment and injunctive relief 51 filed by Plaintiffs Board of Directors of the Foothill Eastern Transportation Corridor Agency, Foothill Eastern Transportation Corridor Agency. (Thornton, Robert) (Entered: 02/08/2013)
2013-02-2060MINUTE ORDER IN CHAMBERS by Judge Josephine Staton Tucker: CONTINUING HEARING ON RENEWED CROSS-MOTIONS FOR SUMMARY JUDGMENT: Before the Court are the parties' renewed cross-motions for summary judgment (Motions). (Doc. 50, 51.) Court continues the hearing on the Motions, currently scheduled for February 22, 2013, to March 15, 2013, 2:30 p.m. (rla) (Entered: 02/20/2013)
2013-03-1361MINUTES (IN CHAMBERS): ORDER by Judge Josephine Staton Tucker: (1) DENYING PLAINTIFFS' RENEWED MOTION FOR SUMMARY JUDGMENT AND (2) GRANTING DEFENDANTS' RENEWED MOTION FOR SUMMARY JUDGMENT (Docs. 50, 51): Accordingly, the hearing on the parties' motions, set for March 15, 2013, at 2:30 p.m., is VACATED. For the reasons stated below, the Court DENIES Plaintiffs motion GRANTS Defendants' motion. (See document for details.) For the foregoing reasons, Plaintiffs' motion is DENIED and Defendants' motion is GRANTED. Defendants are ordered to prepare and submit a proposed judgment consistent with this Order forthwith. (rla) (Entered: 03/13/2013)
2013-04-0262NOTICE OF LODGING filed [PROPOSED] JUDGMENT FOR DEFENDANTS re Order on Motion for Summary Judgment,,,,, 61 (Attachments: # 1 [PROPOSED] JUDGMENT)(Medrano, Alarice) (Entered: 04/02/2013)
2013-04-0963JUDGMENT by Judge Josephine Staton Tucker. HEREBY ORDERS, ADJUDGES AND DECREES that judgment is entered in favor of Defendants on all causes of action. 62 . (MD JS-6, Case Terminated). (twdb) (Entered: 04/10/2013)
2013-04-0964Notice of Electronic Filing re Judgment 63 e-mailed to lvalk@nossaman.com bounced due to Delivery to the following recipients failed. lvalk@nossaman.com. Primary e-mail address corrected. Notice of Electronic Filing resent addressed to lvalk@abc-law.com. Pursuant to the General Order and Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(tyw) TEXT ONLY ENTRY (Entered: 04/10/2013)
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