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Case TitleSouth Yuba River Citizens League et al v. National Marine Fisheries Service et al
DistrictEastern District of California
CitySacramento
Case Number2:2006cv02845
Date Filed2006-12-14
Date Closed2012-05-31
JudgeJudge Lawrence K. Karlton
PlaintiffSouth Yuba River Citizens League a non-profit corporation
PlaintiffFriends of the River a non-profit corporation
Case DescriptionAs part of its suit alleging violation of the Endangered Species Act, the South Yuba River Citizens League submitted a FOIA request to the National Marine Fisheries Service for records about the steelhead trout in the South Yuba River. The agency failed to provide the information sought and the League filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantNational Marine Fisheries Service
DefendantCarlos M. Gutierrez as Secretary of Commerce
DefendantRodney McInnis as Regional Administrator of the National Marine Fisheries Service Southwest Region
DefendantU.S. Army Corps of Engineers
DefendantFrancis J. Harvey as Secretary of the Army
TERMINATED: 04/26/2007
DefendantMichael J Walsh as District Engineer, Sacramento District
TERMINATED: 04/26/2007
DefendantPete Geren Acting Secretary of the Army
DefendantRonald L. Light District Engeer, Sacramento District
TERMINATED: 06/17/2008
DefendantYuba County Water Agency
TERMINATED: 06/16/2009
DefendantColonel Michael J. Walsh as District Engineer, Sacramento District
DefendantDry Creek Mutual Water Company
DefendantCordua Irrigation District CORDUA IRRIGATION DISTRICT
DefendantRamirez Water District
DefendantYuba County Water Agency
DefendantState Water Contractor, Inc.
DefendantPacific Gas & Electric Company
DefendantAmerican Rivers, Inc.
DefendantBrophy Water District
DefendantHallwood Irrigation Company
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2006-12-141COMPLAINT for Declaratory and Injunctive Relief against all defendants by South Yuba River Citizens League, Friends of the River. Attorney Anderson, Megan McCrea added.(Anderson, Megan) (Entered: 12/14/2006)
2006-12-152CIVIL COVER SHEET by South Yuba River Citizens League, Friends of the River (Anderson, Megan) (Entered: 12/15/2006)
2006-12-15RECEIPT number 12610 for $350.00 for New Case Filing Fee from Megan M. Anderson. (Manzer, C) (Entered: 12/15/2006)
2006-12-155SUMMONS ISSUED as to *National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Francis J. Harvey, Michael J Walsh* with answer to complaint due within *60* days. Attorney *Christopher A. Sproul/Megan Anderson* *Environmental Advocates* *5135 Anza Street* *San Francisco, Ca 94121*. (Manzer, C) (Entered: 12/15/2006)
2006-12-156CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent Forms # 2 VDRP Forms) (Manzer, C) (Entered: 12/15/2006)
2006-12-157NOTICE of RELATED CASE S-99-CV-1492 by South Yuba River Citizens League, Friends of the River. (Anderson, Megan) (Entered: 12/15/2006)
2006-12-198CERTIFICATE of SERVICE by South Yuba River Citizens League, Friends of the River re 2 Civil Cover Sheet, 6 Civil New Case Documents for MCE, 7 Notice of Related Case, 1 Complaint. (Anderson, Megan) (Entered: 12/19/2006)
2007-01-089REPLY/RESPONSE to Notice of Related Case by National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Francis J. Harvey, Michael J Walsh re 7 Notice of Related Case - ATY. Attorney Gulley, Robert Lee added. (Gulley, Robert) (Entered: 01/08/2007)
2007-01-1210ORDER REASSIGNING CASE signed by Judge Lawrence K. Karlton on 01/12/2007 ORDERING that case 2:06-2845 MCE DAD is related to 2:99-cv-1492 LKK JFM. Case 2:06-cv-2845 is reassigned to Judge Lawrence K. Karlton and John F. Moulds for all further proceedings and any dates currently set in this reassigned case only are hereby VACATED. Judge Morrison C. England, Jr, Dale A. Drozd no longer assigned to case. Clerk to make appropriate adjustment in the assignment of civil cases to compensate for this reassignment.(Duong, D) (Entered: 01/12/2007)
2007-01-1211CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 4/2/2007 at 02:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Duong, D) (Entered: 01/12/2007)
2007-01-1712NOTICE of Disclosure of Corporate Interests by all plaintiffs re 1 Complaint. (Anderson, Megan) Modified on 1/18/2007 (Brown, T). (Entered: 01/17/2007)
2007-02-1413STIPULATION and PROPOSED ORDER for Extension of Time To Respond To Complaint by National Marine Fisheries Service, Gutierrez, McInnis, U.S. Army Corps of Engineers, Harvey, & Walsh. (Gulley, Robert) Modified on 2/15/2007 (Brown, T). (Entered: 02/14/2007)
2007-02-1514NOTICE of APPEARANCE by Yoshinori H. T. Himel on behalf of National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Francis J. Harvey, Michael J Walsh. Attorney Himel, Yoshinori H. T. added. (Himel, Yoshinori) (Entered: 02/15/2007)
2007-02-2215STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 2/21/07: Defendants will not answer the original complaint on February 20, and can instead file an answer or respond, to the amended complaint 10 days after it is served or on or before March 20, 2007, whichever is later. If Plaintiffs have not filed an amended Complaint by March 2, 2007, Defendants shall answer the original complaint on or before March 20, 2007. (Kaminski, H) (Entered: 02/22/2007)
2007-03-1216First AMENDED COMPLAINT against all defendants by South Yuba River Citizens League, Friends of the River. (Attachments: # 1 Civil Cover Sheet)(Anderson, Megan) (Entered: 03/12/2007)
2007-03-1917JOINT STATUS REPORT by South Yuba River Citizens League, Friends of the River. (Anderson, Megan) (Entered: 03/19/2007)
2007-03-2018ANSWER to AMENDED COMPLAINT by National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Francis J. Harvey, Michael J Walsh.(Gulley, Robert) (Entered: 03/20/2007)
2007-04-0220MINUTES (Text Only) for proceedings held before Judge Lawrence K. Karlton: STATUS CONFERENCE held on 4/2/2007. The government shall produce the administrative record on April 16, 2007. A further Status Conference set for 4/30/2007 at 11:30 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Plaintiffs Counsel Christopher Sproul, Megan Anderson present. Defendants Counsel Robert Gulley, Yoshinori Himel present. (Rivas, A) (Entered: 04/04/2007)
2007-04-0419STATUS (PRETRIAL SCHEDULING) CONFERENCE ORDER signed by Judge Lawrence K. Karlton on 4/3/07: Plaintiffs are granted thirty days after the sixty day notice period, to wit, until May 23, 2007, to join the Yuba County Water Agency. The government shall produce the administrative record on April 16, 2007. A further Status Conference set for 4/30/2007 at 11:30 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Kaminski, H) (Entered: 04/04/2007)
2007-04-0521NOTICE OF FILING / LODGING DOCUMENT IN PAPER (Administrative Record) by Defendants. (Gulley, Robert) (Documents Received on 4/6/07 and Routed to the Fileroom). Modified on 4/6/2007 (Krueger, M). (Entered: 04/05/2007)
2007-04-0922NOTICE of FILING Administrative Record by dfts . (Gulley, Robert) (Received on 4/10/07 and Routed to file room) Modified on 4/9/2007 (Duong, D). Modified on 4/10/2007 (Donati, J). (Entered: 04/09/2007)
2007-04-2623Second AMENDED COMPLAINT against all defendants by South Yuba River Citizens League, Friends of the River. (Attachments: # 1 Civil Cover Sheet # 2 Notice of Filing Second Amended Complaint# 3 Proof of Service)(Anderson, Megan) (Entered: 04/26/2007)
2007-04-2724SUMMONS ISSUED as to *Yuba County Water Agency* with answer to complaint due within *20* days. Attorney *Megan M. Anderson* *Environmental Advocates* *5135 Anza Street* *San Francisco, CA 94121*. (Duong, D) (Entered: 04/27/2007)
2007-04-3025MINUTES (Text Only) for proceedings held before Judge Lawrence K. Karlton: SCHEDULING CONFERENCE held on 4/30/2007. Further Scheduling Conference set for 6/18/2007 at 01:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Answers to the second amended complaint due by 05/21/2007. Plaintiffs Counsel Christopher Sproul, Megan Anderson present. Defendants Counsel Robert Gulley, Yoshinori Himel and Howard F. Wilkins, III present. (Rivas, A) (Entered: 05/01/2007)
2007-05-0426ORDER signed by Judge Lawrence K. Karlton on 5/3/07 ORDERING that: all answers to the second amended complaint are due no later than 5/21/07; and a Status Conference is SET for 6/18/2007 at 01:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Brown, T) (Entered: 05/04/2007)
2007-05-0827NOTICE of APPEARANCE by Lawson Fite on behalf of Federal dfts National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren, Ronald L. Light. Attorney Fite, Lawson added. (Fite, Lawson) Modified on 5/9/2007 (Duong, D). (Entered: 05/08/2007)
2007-05-1628STIPULATION and PROPOSED ORDER by South Yuba River Citizens League, Friends of the River. (Attachments: # 1 Exhibit Plaintiffs' Exhibit A, Third Amended Complaint)(Anderson, Megan) (Entered: 05/16/2007)
2007-05-1729STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 05/16/07 re 28 ORDERING that plaintiffs are hereby GRANTED leave to file their Third Amended Complaint, attached as Exhibit A. Defendants are not required to file Answers to the Second Amended Complaint. Instead,Defendants shall file Answers to the Third Amended Complaint on or before June 11, 2007. (Duong, D) (Entered: 05/17/2007)
2007-05-1730THIRD AMENDED COMPLAINT against all defendants by plts South Yuba River Citizens League and Friends of the River.(Duong, D) (Entered: 05/17/2007)
2007-05-1831AMENDED CERTIFICATE of SERVICE by South Yuba River Citizens League, Friends of the River re 30 Amended Complaint, 28 Stipulation and Proposed Order, 29 Stipulation and Order,. Amended (Anderson, Megan) Modified on 5/21/2007 (Kaminski, H). (Entered: 05/18/2007)
2007-06-0632JOINT STATUS REPORT by South Yuba River Citizens League, Friends of the River. (Anderson, Megan) (Entered: 06/06/2007)
2007-06-0633CERTIFICATE of SERVICE by South Yuba River Citizens League, Friends of the River re 32 Status Report. Amended (Anderson, Megan) (Entered: 06/06/2007)
2007-06-1134MOTION for PROTECTIVE ORDER by National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren, Ronald L. Light.Motion Hearing set for 8/9/2007 at 11:00 AM in 8th floor courtroom (JFM) before Magistrate Judge John F. Moulds. (Fite, Lawson) (Entered: 06/11/2007)
2007-06-1135ANSWER to Third Amended Complaint by National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren, Ronald L. Light. 30 (Fite, Lawson) Modified on 6/13/2007 (Reader, L). (Entered: 06/11/2007)
2007-06-1136ANSWER to THIRD AMENDED COMPLAINT 30 by Yuba County Water Agency. Attorney Wilkins, Howard F. added.(Wilkins, Howard) Modified on 6/13/2007 (Reader, L). (Entered: 06/11/2007)
2007-06-1537AMENDED NOTICE of Hearing re Motion for Protective Order 34 by dfts. Hearing SET for 8/9/07 11:00am before Honorable John F. Moulds. (Fite, Lawson) Modified on 6/15/2007 (Schultz, C). Modified on 6/18/2007 (Duong, D). (Entered: 06/15/2007)
2007-06-1538STIPULATION and PROPOSED ORDER for Intervention by Dry Creek Mutual Water Co. Attorney Hitchings, Andrew Morrow added. (Hitchings, Andrew) Modified on 6/18/2007 (Duong, D). (Entered: 06/15/2007)
2007-06-1839MINUTES (Text Only) for proceedings held before Judge Lawrence K. Karlton: STATUS CONFERENCE held on 6/18/2007. The Government, and any other defendants, to bring on a motion re 12(b)(1) within 30 days. The Government shall inform the Court when Judge Moulds has resolved the discovery issues. The Court will then set a further status conference. Plaintiffs Counsel Christopher Sproul, Megan Anderson present. Defendants Counsel Howard Wilkins, III, Whiteman Manley, Andrew Hitchings, Lawson Fite and Bobbie Montoya present. (Rivas, A) (Entered: 06/18/2007)
2007-06-1940STIPULATION and ORDER 38 for Intervention signed by Judge Lawrence K. Karlton on 6/18/07. Dry Creek MWC shall be GRANTED intervention in action buth with such intervention limited to remedial aspect of litigation. Dry Creek MWC shall have the opportunity to fully participate in any Court proceedings related to approval or implementaion of any settlement of case. Dry Creek MWC shall be permitted to promptly file its Answer in intervention to plaintiffs' Third Amended Complaint. (Marciel, M) (Entered: 06/19/2007)
2007-06-1941MINUTE ORDER: The Hearing on Defendants' Motion for Protective Order 34 is RESET for 7/26/2007 at 11:00 AM on the 8th floor before Magistrate Judge John F. Moulds. (Schultz, C) (Entered: 06/19/2007)
2007-06-1942STIPULATION and PROPOSED ORDER for Extension of Time for Discovery Response by Federal dfts . (Fite, Lawson) Modified on 6/20/2007 (Duong, D). (Entered: 06/19/2007)
2007-06-2143STIPULATION and ORDER signed by Judge John F. Moulds on 6/20/07 APPROVING the stipulation between the parties to extend dfts' response to pltf's discovery until 30 days after this Court's resolution of dfts' 34 Motion for Protective Order. (Yin, K) (Entered: 06/21/2007)
2007-06-2144STATUS (PRETRIAL SCHEDULING) CONFERENCE ORDER signed by Judge Lawrence K. Karlton on 6/20/07. The government and any other defendant shall bring on a 12(b)(6) Motion 30 days from date of Order. (Marciel, M) (Entered: 06/21/2007)
2007-06-2745ANSWER in intervention to 30 third amended complaint by Dry Creek Mutual Water Company. (Hitchings, Andrew) Modified on 6/28/2007 (Manzer, C). (Entered: 06/27/2007)
2007-07-1246NOTICE of CHANGE of ADDRESS by Megan McCrea Anderson. (Anderson, Megan) (Entered: 07/12/2007)
2007-07-1647STIPULATION and PROPOSED ORDER for Intervention by Brophy Water District and Hallwood Irrigation Company by Brophy Water District, Hallwood Irrigation Company. Attorney Hitchings, Andrew Morrow added. (Hitchings, Andrew) (Entered: 07/16/2007)
2007-07-2048AMENDED NOTICE OF HEARING by National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren and Ronald L. Light re 34 Motion for Protective Order. (Fite, Lawson) Modified on 7/20/2007 (Schultz, C). (Entered: 07/20/2007)
2007-07-2049NOTICE OF LODGING DOCUMENT IN PAPER (Administrative Record vols 5-16 RECEIVED AND ROUTED TO THE FILE ROOM) by National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren, Ronald L. Light: (Fite, Lawson) Modified on 8/1/2007 (Mena-Sanchez, L). (Entered: 07/20/2007)
2007-07-2050MOTION to DISMISS Second, Third, Fifth, and Eighth Claims for Relief by National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren, Ronald L. Light.Motion Hearing set for 8/20/2007 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: # 1 Points and Authorities # 2 Exhibit A# 3 Exhibit B)(Fite, Lawson) Modified on 7/23/2007 (Duong, D). (Entered: 07/20/2007)
2007-07-2351AMENDED NOTICE of HEARING of Motion to dismiss 50 by dfts. Hearing set for 9/10/07 10:00am before Honorable Lawrence K. Karlton. (Fite, Lawson) Modified on 7/23/2007 (Duong, D). (Entered: 07/23/2007)
2007-07-2452STIPULATION AND ORDER for Intervention by Brophy Water District and Hallwood Irrigation Co signed by Judge Lawrence K. Karlton on 07/24/07 re 47 ORDERING that Brophy Water District and Hallwood Irrigation Company shall be granted intervention in this action, but with such intervention limited to the remedial aspects of the litigation. Brophy Water District and Hallwood Irrigation Company shall have the opportunity to fully participate in any court proceedings related to approval or implementation of any settlement of this case, at any time during this case. Brophy Water District and Hallwood Irrigation Company shall be permitted to promptly file their answer in intervention to the Plaintiffs' Third Amended Complaint herein. (Duong, D) (Entered: 07/24/2007)
2007-07-2753ANSWER to THIRD AMENDED COMPLAINT by Brophy Water District, Hallwood Irrigation Company.(Hitchings, Andrew) Modified on 7/30/2007 (Kastilahn, A). (Entered: 07/27/2007)
2007-07-3154MOTION to INTERVENE by Cordua Irrigation District. Attorney Minasian, Paul Ryan added.Motion Hearing set for 9/10/2007 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: # 1 Proposed Answer in Intervention)(Minasian, Paul) (Entered: 07/31/2007)
2007-08-1755STIPULATION and PROPOSED ORDER continuing 34 MOTION for Protective Order Hearing by National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren, Ronald L. Light. (Fite, Lawson) Modified on 8/21/2007 (Marciel, M). (Entered: 08/17/2007)
2007-08-2056OPPOSITION by plt to federal dfts' Motion to Dismiss 50 . (Attachments: # 1 Declaration of Megan Anderson # 2 Exhibit A # 3 Declaration of Jason Rainey)(Anderson, Megan) Modified on 8/21/2007 (Marciel, M). Modified on 8/21/2007 (Duong, D). (Entered: 08/20/2007)
2007-08-2157STIPULATION and ORDER signed by Judge John F. Moulds on 8/20/07 ORDERING that the hearing on Federal Defendants' 34 MOTION for PROTECTIVE ORDER is CONTINUED to 9/13/2007. (Mena-Sanchez, L) (Entered: 08/21/2007)
2007-08-2158NOTICE of APPEARANCE by Dustin Charles Cooper on behalf of Cordua Irrigation District. Attorney Cooper, Dustin Charles added. (Cooper, Dustin) (Entered: 08/21/2007)
2007-08-2359MEMORANDUM/RESPONSE in OPPOSITION. Plaintiffs' Opposition to Cordua Irrigation District's Motion to Intervene (Attachments: # 1 Declaration of Megan Anderson in support of Plaintiffs' Opposition to Cordua Irrigation District's Motion to Intervene# 2 Exhibit Exhibit A, Plaintiffs' Opposition to Cordua Irrigation District's Motion to Intervene# 3 Exhibit Exhibit B, Plaintiffs' Opposition to Cordua Irrigation District's Motion to Intervene# 4 Exhibit Exhibit C, Plaintiffs' Opposition to Cordua Irrigation District's Motion to Intervene# 5 Exhibit Exhibit D, Plaintiffs' Opposition to Cordua Irrigation District's Motion to Intervene)(Anderson, Megan) (Entered: 08/23/2007)
2007-08-2860ORDER signed by Judge Lawrence K. Karlton on 8/28/07: The hearing on the 54 motions currently set for September 10, 2007 is hereby CONTINUED to 9/28/2007 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Replies shall be due on September 4, 2007. (Kaminski, H) (Entered: 08/28/2007)
2007-08-3161STATEMENT of NON-OPPOSITION to MOTION re 50 MOTION to DISMISS Second, Third, Fifth, and Eighth Claims for Relief. of Defendant-Intervenors Dry Creek Mutual Water Company, Brophy Water District, and Hallwood Irrigation Company (Hitchings, Andrew) (Entered: 08/31/2007)
2007-08-3162STATEMENT of NON-OPPOSITION to MOTION re 54 MOTION to INTERVENE. of Defendant-Intervenors Dry Creek Mutual Water Company, Brophy Water District, and Hallwood Irrigation Company (Hitchings, Andrew) (Entered: 08/31/2007)
2007-09-0463REPLY to plaintiff's Opposition to Cordua Irrigation District's Motion to Intervene . (Attachments: # 1 Declaration of Charles Matthews in support of Cordua Irrigation District's Motion to Intervene) (Minasian, Paul) Modified on 9/5/2007 (Marciel, M). (Entered: 09/04/2007)
2007-09-0464STATEMENT of Non-Opposition to Cordua Irrigation District's Motion to Intervene by defendant Yuba County Water Agency. Attorney Manley, Whitman F. added. (Manley, Whitman) Modified on 9/5/2007 (Marciel, M). (Entered: 09/04/2007)
2007-09-0465STATEMENT of Non-Opposition by defendant Yuba County Water Agency. (Manley, Whitman) (Entered: 09/04/2007)
2007-09-0466REPLY in support of 50 MOTION to DISMISS Second, Third, Fifth, and Eighth Claims for Relief. (Attachments: # 1 Exhibit A) (Fite, Lawson) Modified on 9/5/2007 (Marciel, M). (Entered: 09/04/2007)
2007-09-0667SUPPLEMENTAL NOTICE to Motion to Dismiss 50 by Federal dfts. (Attachments: # 1 Letter Regarding ESA Consultation)(Fite, Lawson) Modified on 9/7/2007 (Duong, D). (Entered: 09/06/2007)
2007-09-1068STATEMENT of Joint Statement of Plaintiffs and Federal Defendants re Discovery Disagreement by Plaintiffs South Yuba River Citizens League, Friends of the River, Defendants National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren, Ronald L. Light re 34 MOTION for PROTECTIVE ORDER. (Attachments: # 1 Declaration of Yoshinori Himel with Exhibits# 2 Declaration of Jason Rainey # 3 Declaration of Megan Anderson # 4 Exhibit A# 5 Exhibit B# 6 Exhibit C# 7 Exhibits D-G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N)(Fite, Lawson) Modified on 9/11/2007 (Duong, D). (Entered: 09/10/2007)
2007-09-1169NOTICE OF ERRATA by National Marine Fisheries Service, U.S. Army Corps of Engineers re 68 Statement R. to Joint Statement Re Discovery Disagreement. (Himel, Yoshinori) Modified on 9/13/2007 (Reader, L). (Entered: 09/11/2007)
2007-09-1170MINUTE ORDER re 60 Order. The parties are hereby notified that the correct time for the Motions 50 , 54 set to be heard on 09/28/2007 is 01:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Rivas, A) (Entered: 09/11/2007)
2007-09-1371MINUTES for MOTION HEARING proceedings held before Judge John F. Moulds on 9/13/2007: Court and counsel confer re defendant's 34 MOTION for PROTECTIVE ORDER. Matter submitted. Order to issue. Plaintiffs Counsel Christopher Sproul present. Defendants Counsel Yoshinori Himel, Lawson Fite, Howard Wilkins, Lisa Clay present. Court Reporter/CD Number: 1 of 1. (Text Only) (Caspar, M) (Entered: 09/13/2007)
2007-09-1472ORDER signed by Judge John F. Moulds on 09/13/07 GRANTING 34 defendant's Motion for Protective Order. (Dillon, M) (Entered: 09/14/2007)
2007-09-2873MINUTES (Text Only) for proceedings held before Judge Lawrence K. Karlton: MOTION HEARING held on 9/28/2007 re 50 MOTION to DISMISS Second, Third, Fifth, and Eighth Claims for Relief filed by U.S. Army Corps of Engineers, Carlos M. Gutierrez, Rodney McInnis, Ronald L. Light, Pete Geren, National Marine Fisheries Service, 54 MOTION to INTERVENE filed by Cordua Irrigation District. After oral argument, the motion to intervene is GRANTED and the motion to dismiss is SUBMITTED. Court order to follow. Plaintiffs Counsel Christopher Sproul present. Defendants Counsel Yoshinori Himel, Lawson Fite, Howard Wilkins, III present. Court Reporter: C. Bodene.(Rivas, A) (Entered: 10/01/2007)
2007-10-0474STIPULATION AND PROPOSED ORDER for intervention by Ramirez Water District. Attorney Walter, Hanspeter added. (Walter, Hanspeter) Modified on 10/5/2007 (Reader, L). (Entered: 10/04/2007)
2007-10-0975DECLARATION of federal defendants' per oral order at hearing held September 28, 2007. Attorney Himel, Yoshinori H. T. added. (Himel, Yoshinori) Modified on 10/10/2007 (Marciel, M). (Entered: 10/09/2007)
2007-10-1576STIPULATION and ORDER 74 signed by Judge Lawrence K. Karlton on 10/15/2007 GRANTING Ramirez Water District intervention in this action, but with such intervention limited to any remedial aspects of the litigation. Ramirez Water District shall be permitted to promptly file their answer in intervention to the Plaintiffs' Third Amended Complaint in this action. 30 (Reader, L) (Entered: 10/15/2007)
2007-10-1677ORDER signed by Judge Lawrence K. Karlton on 10/16/07. The 50 MOTION to DISMISS is GRANTED in part and DENIED in part. Cordua Irrigation District 54 MOTION to INTERVENE is GRANTED. Status Conference set for 11/5/2007 at 11:00 AM in Courtroom 4 (LKK). (Marciel, M) (Entered: 10/16/2007)
2007-10-1878ANSWER to AMENDED COMPLAINT by Ramirez Water District. (Walter, Hanspeter) (Entered: 10/18/2007)
2007-10-3079JOINT STATUS REPORT by Dry Creek Mutual Water Company, Brophy Water District, Hallwood Irrigation Company, Cordua Irrigation District, Ramirez Water District, South Yuba River Citizens League, Friends of the River, National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren, Ronald L. Light, Yuba County Water Agency. (Fite, Lawson) (Entered: 10/30/2007)
2007-11-0280MINUTE ORDER re 77 : The parties are hereby notified that the Scheduling Conference currently set for 11/05/2007 is CONTINUED TO 11/16/2007 at 11:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Ordered by Judge Lawrence K. Karlton on November 2, 2007. (Text Only)(Rivas, A) (Entered: 11/02/2007)
2007-11-1681MINUTES (Text Only) for proceedings held before Judge Lawrence K. Karlton: SCHEDULING CONFERENCE held on 11/16/2007. Further Scheduling Conference set for 3/24/2008 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Plaintiffs Counsel Christopher Sproul present. Defendants Counsel Howard F. Wilkins, III, Andrew M. Hitchings, Lawson Fite, Yoshinori Himel, Hanspeter Walter, Dustin Cooper present. (Rivas, A) (Entered: 11/19/2007)
2007-11-2082ORDER signed by Judge Lawrence K. Karlton on 11/19/2007 ORDERING a further Status Conference is set for 3/24/2008 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Reader, L) (Entered: 11/20/2007)
2007-11-2183MOTION to COMPEL Federal Defendants' Discovery Responses by South Yuba River Citizens League, Friends of the River.Motion Hearing set for 12/13/2007 at 11:00 AM in 8th floor courtroom (JFM) before Magistrate Judge John F. Moulds. (Sproul, Christopher) (Entered: 11/21/2007)
2007-11-2784NOTICE of Recent Action by National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren, Ronald L. Light. (Attachments: #(1) Biological Opinion 11-21-2007)(Fite, Lawson) Modified on 11/28/2007 (Kastilahn, A). (Entered: 11/27/2007)
2007-11-3085SUBSTITUTION of ATTORNEY - PROPOSED, submitted by South Yuba River Citizens League, Friends of the River. (Anderson, Megan) (Entered: 11/30/2007)
2007-12-0386ORDER SUBSTITUTING ATTORNEY signed by Judge Lawrence K. Karlton on 12/3/07. Atty Christopher Alan Sproul of Environmental Advocates is hereby substituted in as atty of record for pltfs South Yuba River Citizens League and Friends of the River, and in place of Atty Megan M. Anderson. Atty Megan M. Anderson is terminated. (Entered: 12/03/2007)
2007-12-1087MOTION for COMPEL DISCOVERY by South Yuba River Citizens League, Friends of the River. Motion Hearing set for 12/13/2007 at 11:00 AM in 8th floor courtroom (JFM) before Magistrate Judge John F. Moulds. (Attachments: # 1 Declaration of Christopher Sproul in support # 2 Exhibit 1 - Sproul Declaration # 3 Exhibit 2 - Sproul Declaration # 4 Exhibit 3 - Sproul Declaration # 5 Declaration Y. Himel in support of federal defendants # 6 Defendants' Exhibit A # 7 Defendants' Exhibit B # 8 Defendants' Exhibit C # 9 Defendants' Exhibit D) (Sproul, Christopher) Modified on 12/11/2007 (Marciel, M). (Entered: 12/10/2007)
2007-12-1188MINUTE ORDER: from CRD C. Schultz for Judge John F. Moulds on 12/11/2007. The Parties' are Hereby Notified that the Motion Hearing Scheduled in this Matter for 12/13/2007 is VACATED; Written Order to Issue re 83 and 87 Plaintiff's Motions to Compel. (Schultz, C) (Entered: 12/11/2007)
2007-12-1289NOTICE of Correction to 87 Joint Statement by South Yuba River Citizens League, Friends of the River . (Attachments: # 1 Proof of Service)(Sproul, Christopher) Modified on 12/13/2007 (Duong, D). (Entered: 12/12/2007)
2007-12-1490ORDER denying without prejudice 87 Motion for Discovery signed by Judge John F. Moulds on 12/13/07. (Kaminski, H) (Entered: 12/14/2007)
2007-12-2491NOTICE of STIPULATION by South Yuba River Citizens League, Friends of the River. (Attachments: # 1 Stipulation and proposed order# 2 Proposed complaint# 3 certificate of service)(Sproul, Christopher) Modified on 12/26/2007 (Kaminski, H). (Entered: 12/24/2007)
2008-01-0492STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 1/4/08 ORDERING that plaintiff's may file their attached fourth amended complaint. Plaintiffs intent to submit a proposed fifth amended complaint upon the running of the notice period of 60 days following their letter dated 11/30/07. Defendant's date for response to the fourth amended complaint is extended until 3/31/08. Should Plaintiffs cause a fifth amended complaint to be filed, without objection or with Court approval, by 3/31/08, defendants shall be under no obligation to respond to the fourth amended complaint. The date for response to the fifth amended complaint is RESET to 40 days after its filing. (Anderson, J) (Entered: 01/04/2008)
2008-01-0893FOURTH AMENDED COMPLAINT against all defendants by Friends of the River. (Attachments: # 1 Certificate of Service) (Sproul, Christopher) Modified on 1/9/2008 (Marciel, M). (Entered: 01/08/2008)
2008-01-0894SUBSTITUTION of ATTORNEY - PROPOSED, submitted by National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren, Ronald L. Light. (Fite, Lawson) (Entered: 01/08/2008)
2008-01-0995SUBSTITUTION of COUNSEL ORDER 94 signed by Judge Lawrence K. Karlton on 1/9/08. Attorney Lawson E. fite is SUBSTITUTED in as counsel for attorney Robert L. Gulley for federal defendants. Assistant US Attorney Yoshinori H. T. Himel will also continue to serve as counsel. (Marciel, M) (Entered: 01/09/2008)
2008-01-1496NOTICE OF FILING / LODGING DOCUMENT IN PAPER by National Marine Fisheries Service, U.S. Army Corps of Engineers: Administrative Record Lodged. (Plummer, M)(Lodged documents received and routed to the file room.) Modified on 1/14/2008 (Plummer, M). (Entered: 01/14/2008)
2008-01-1497CERTIFICATION of the supplemental administrative record by National Marine Fisheries Service, U.S. Army Corps of Engineers. (Plummer, M) (Entered: 01/14/2008)
2008-01-1598NOTICE OF FILING / LODGING DOCUMENT IN PAPER (Administrative Record) by National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis: Administrative Record Lodged with court pursuant to Order of the Court. Lodged Administrative Record from Vol XVII through XXIV received. (Fite, Lawson) Modified on 1/15/2008 (Duong, D). (Entered: 01/15/2008)
2008-01-3099NOTICE OF LODGING CORRECTED ADMINISTRATIVE RECORDS by U.S. Army Corps of Engineers, Pete Geren, Ronald L. Light: (Volumes I-IX) RECEIVED AND ROUTED TO THE FILE ROOM. (Fite, Lawson) Modified on 1/31/2008 (Mena-Sanchez, L). (Entered: 01/30/2008)
2008-02-12100AMENDED DOCUMENT by South Yuba River Citizens League, Friends of the River.. (Attachments: # 1 Fifth Amended Complaint)(Sproul, Christopher) (Entered: 02/12/2008)
2008-02-12101AMENDED DOCUMENT by South Yuba River Citizens League, Friends of the River. Amendment to 100 Amended Document. (Attachments: # 1 Corrected Fifth Amended Complaint)(Sproul, Christopher) (Entered: 02/12/2008)
2008-03-10102MINUTE ORDER re 81 . The parties are hereby notified that the start time, for the Scheduling Conference set for 3/24/2008, is RESET TO 02:00 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Text Only)(Rivas, A) (Entered: 03/10/2008)
2008-03-14103ANSWER to COMPLAINT 101 (5th Amended Complaint) by Dry Creek Mutual Water Company, Brophy Water District, Hallwood Irrigation Company.(Hitchings, Andrew) Modified on 3/17/2008 (Kaminski, H). (Entered: 03/14/2008)
2008-03-20104ANSWER to 101 Fifth Amended Complaint by Ramirez Water District.(Walter, Hanspeter) Modified on 3/24/2008 (Anderson, J). (Entered: 03/20/2008)
2008-03-21105JOINT STATUS REPORT by Dry Creek Mutual Water Company, Brophy Water District, Hallwood Irrigation Company, Cordua Irrigation District, Ramirez Water District, South Yuba River Citizens League, Friends of the River, National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren, Ronald L. Light, Yuba County Water Agency. (Fite, Lawson) (Entered: 03/21/2008)
2008-03-21106MOTION to DISMISS (Counts 1 and 2) for Lack of Jurisdiction by National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren, Ronald L. Light. Motion Hearing set for 4/21/2008 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: # 1 Points and Authorities) (Fite, Lawson) Modified on 3/24/2008 (Marciel, M). (Entered: 03/21/2008)
2008-03-21107JOINDER by Yuba County Water Agency in 106 MOTION to Dismiss Counts 1 and 2 for Lack of Jurisdiction filed by U.S. Army Corps of Engineers, Carlos M. Gutierrez, Rodney McInnis, Ronald L. Light, Pete Geren, National Marine Fisheries Service. (Wilkins, Howard) Modified on 3/24/2008 (Marciel, M). (Entered: 03/21/2008)
2008-03-24108MOTION for PARTIAL SUMMARY JUDGMENT FOIA CLAIMS by Friends of the River. Motion Hearing set for 4/28/2008 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: # 1 Declaration of C. Sproul # 2 Statement of Undisputed Facts, # 3 Proposed Order, # 4 Certificate of Service) (Sproul, Christopher) Modified on 3/25/2008 (Kaminski, H). (Entered: 03/24/2008)
2008-03-24109EXHIBITS A-J by Friends of the River re 108 (Attachments: # 1 Exhibit B # 2 Exhibit C # 3 Exhibit D # 4 Exhibit E # 5 Exhibit F # 6 Exhibit G # 7 Exhibit H # 8 Exhibit I # 9 Exhibit J (Sproul, Christopher) Modified on 3/25/2008 (Kaminski, H). (Entered: 03/24/2008)
2008-03-24110EXHIBITS K-T by Friends of the River re 108 (Attachments: # 1 Exhibit # 2 Exhibit M # 3 Exhibit N # 4 Exhibit O , # 5 Exhibit P # 6 Exhibit Q # 7 Exhibit R # 8 Exhibit S # 9 Exhibit T (Sproul, Christopher) Modified on 3/25/2008 (Kaminski, H). (Entered: 03/24/2008)
2008-03-24111MINUTES (Text Only) for proceedings held before Senior Judge Lawrence K. Karlton: SCHEDULING CONFERENCE held on 3/24/2008. Further Scheduling Conference set for 4/21/2008 at 03:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Plaintiffs Counsel Christopher Sproul present. Defendants Counsel Andrew M. Hitchings, Hanspeter Walter, Lawson Fite, Dustin Cooper, Howard F. Wilkins, III, Yoshinori Himel present. (Rivas, A) (Entered: 03/24/2008)
2008-03-24112AMENDED 108 MOTION for PARTIAL SUMMARY JUDGMENT. Motion Hearing set for 5/5/2008 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Sproul, Christopher) Modified on 3/25/2008 (Kaminski, H). Modified on 4/16/2008 (Marciel, M). (Entered: 03/24/2008)
2008-03-27113ORDER signed by Senior Judge Lawrence K. Karlton on 3/26/08 ORDERING that a Further Status Conference is SET for 4/21/2008 at 03:30 PM. (Mena-Sanchez, L) (Entered: 03/27/2008)
2008-03-27114ANSWER to 101 Fifth Amended Complaint by Cordua Irrigation District.(Cooper, Dustin) Modified on 3/28/2008 (Anderson, J). (Entered: 03/27/2008)
2008-03-31115ORDER signed by Senior Judge Lawrence K. Karlton on 3/31/08 ORDERING that the hearing on MOTION to Dismiss 106 is CONTINUED to 5/5/2008 at 10:00 AM in Courtroom 4. The opposition and reply, if any, are to be timely filed in accordance with the Local Rule 78-280. The Status Conference currently scheduled for 4/21/08 is also CONTINUED to 5/5/2008 at 10:00 AM.(Mena-Sanchez, L) (Entered: 03/31/2008)
2008-04-01116STATEMENT of NON-OPPOSITION to 106 MOTION to Dismiss First and Second Claims. (Attachments: # 1 Certificate of Service)(Sproul, Christopher) Modified on 4/2/2008 (Duong, D). (Entered: 04/01/2008)
2008-04-02117STATEMENT of NON-OPPOSITION to MOTION re 106 Motion to Dismiss Counts 1 and 2 for Lack of Jurisdiction. (Cooper, Dustin) (Entered: 04/02/2008)
2008-04-11118STATEMENT of Non-Opposition to Federal Defendants' Motion to Dismiss Plaintiffs' First and Second Claims for Relief by Intervenor Defendant Ramirez Water District. 106 (Walter, Hanspeter) Modified on 4/14/2008 (Reader, L). (Entered: 04/11/2008)
2008-04-14119STATEMENT of NON-OPPOSITION to 106 Motion to Dismiss Counts 1 and 2 for Lack of Jurisdiction. (Hitchings, Andrew) Modified on 4/25/2008 (Marciel, M). (Entered: 04/14/2008)
2008-04-15120STIPULATION and PROPOSED ORDER continuing 112 Summary Judgment hearing and setting dates by National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren, Ronald L. Light. (Attachments: # 1 federal defendants' report regarding Status Conference Scheduling) (Himel, Yoshinori) Modified on 4/16/2008 (Marciel, M). (Entered: 04/15/2008)
2008-04-16121STIPULATION and ORDER 120 for continuance signed by Senior Judge Lawrence K. Karlton on 4/15/08. Defendant's Opposition and optional Counter-Motion due on 4/24/08. Plaintiff's optional Reply and Opposition to Counter-Motion shall be due on 5/9/08. Defendant's optional Reply to plaintiff's Opposition due on 5/23/08. 112 Amended Motion for Partial Summary Judgment Hearing and Status Conference RE-SET for 6/2/2008 at 10:00 AM in Courtroom 4 (LKK). (Marciel, M) (Entered: 04/16/2008)
2008-04-22122MOTION for SUMMARY JUDGMENT Amended Motion, FOIA Claims by South Yuba River Citizens League, Friends of the River. Motion Hearing set for 6/2/2008 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: # 1 Declaration Anended Sproul Declaration, # 2 Exhibit U to Amended Sproul Declaration, # 3 Exhibit Exhibit V to Amended Sproul Declaration, # 4 Statement of Undisputed Facts, # 5 Proposed Order, # 6 Certificate of Service)(Sproul, Christopher) (Entered: 04/22/2008)
2008-04-22123STIPULATION and PROPOSED ORDER stipulation and proposed order re 122 MOTION for SUMMARY JUDGMENT Amended Motion, FOIA Claims by South Yuba River Citizens League, Friends of the River. (Attachments: # 1 Certificate of Service)(Sproul, Christopher) (Entered: 04/22/2008)
2008-04-24124ORDER withdrawing 122 Motion for Summary Judgment signed by Senior Judge Lawrence K. Karlton on 4/23/08. (Kaminski, H) (Entered: 04/24/2008)
2008-04-24125MOTION for SUMMARY JUDGMENT on FOIA Issues by National Marine Fisheries Service. Motion Hearing set for 6/2/2008 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: # 1 Points and Authorities Supporting Counter-Motion and Opposing SYRCL's Summary Judgment Motion, # 2 NMFS's Response to SYRCL's Statement of Undisputed Facts)(Himel, Yoshinori) (Entered: 04/24/2008)
2008-05-01126EXHIBIT 1 re 125 MOTION for SUMMARY JUDGMENT on FOIA Issues filed by National Marine Fisheries Service. (Himel, Yoshinori) (Entered: 05/01/2008)
2008-05-09127MEMORANDUM in OPPOSITION to NMFS's 125 Counter-Motion for Summary Judgment on FOIA Issues and REPLY in support 122 MOTION for Partial Summary Judgment on FOIA Claims by plts. (Attachments: # 1 Declaration of C. Sproul # 2 Exhibit U # 3 Exhibit V # 4 Exhibit W # 5 Exhibit X # 6 Exhibit Y # 7 Exhibit Z # 8 Exhibit AA # 9 Exhibit BB # 10 Declaration M. Anderson # 11 Exhibit A-1 to Anderson Declaration, # 12 Exhibit A-2 to Anderson Declaration, # 13 Proposed Order, # 14 Certificate of Service)(Sproul, Christopher) Modified on 5/12/2008 (Duong, D). (Entered: 05/09/2008)
2008-05-22128PROPOSED ORDER Motion Parties' Stipulation and Order Continuing Hearing and Status Conference and Extending Time for Reply. (Himel, Yoshinori) (Entered: 05/22/2008)
2008-05-27129STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 5/23/08 ORDERING that Motion Hearing is continued to 6/16/2008 at 10:00 AM; Status Conference set for 6/16/2008 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton; Defendant's time for response to SYRCLs opposition is EXTENDED from May 23, 2008, until June 4, 2008, at 12:00 noon.(Dillon, M) (Entered: 05/27/2008)
2008-05-27130ORDER signed by Senior Judge Lawrence K. Karlton on 5/23/08 GRANTING 106 Motion to Dismiss Counts One and Two of the Fifth Amended Complaint. (Dillon, M) (Entered: 05/27/2008)
2008-06-04131REPLY to 127 RESPONSE to 125 MOTION for SUMMARY JUDGMENT on FOIA Issues by Federal dfts.(Himel, Yoshinori) Modified on 6/5/2008 (Duong, D). (Entered: 06/04/2008)
2008-06-04132OBJECTIONS by Defendant National Marine Fisheries Service to Sixth Amended Complaint and Partial "FOIA 3" Judgment Request re 127 . (Himel, Yoshinori) Modified on 6/5/2008 (Duong, D). (Entered: 06/04/2008)
2008-06-04133TABLE of Authorities to 131 Reply to Opposition to Summary Judgment by National Marine Fisheries Service. (Himel, Yoshinori) Modified on 6/5/2008 (Duong, D). (Entered: 06/04/2008)
2008-06-06134ERRATA to 131 Reply to Response to Motion by National Marine Fisheries Service . (Himel, Yoshinori) Modified on 6/9/2008 (Duong, D). (Entered: 06/06/2008)
2008-06-09135STIPULATION for Initial 14-Day Extension of Non-Answering Defendants' Time, to and including 6/24/08, To Answer 101 Fifth Amended Complaint, by Federal dfts. (Himel, Yoshinori) Modified on 6/10/2008 (Duong, D). (Entered: 06/09/2008)
2008-06-10136NOTICE of Lodging Corps' Second Supplemental Administrative Record by U.S. Army Corps of Engineers, Pete Geren, Ronald L. Light. (Attachments: # 1 Corps' Second Supplemental Administrative Record)(Fite, Lawson) (Entered: 06/10/2008)
2008-06-10137NOTICE of APPEARANCE by Brian Orion on behalf of South Yuba River Citizens League. Attorney Orion, Brian added. (Orion, Brian) (Entered: 06/10/2008)
2008-06-12138JOINT STATUS REPORT . (Attachments: # 1 Certificate of Service)(Fite, Lawson) Modified on 6/13/2008 (Duong, D). (Entered: 06/12/2008)
2008-06-12139MOTION for leave to file a Surreply and SURREPLY 127 to RESPONSE to 122 MOTION for Summary Judgment on FOIA Claims (Attachments: # 1 Points and Authorities Surreply Brief, # 2 Surreply Declaration of Christopher Sproul , # 3 Exhibit CC # 4 Exhibit DD , # 5 Declaration of Kelly Franger , # 6 Exhibit A to Franger Declaration, # 7 Certificate of Service)(Sproul, Christopher) Modified on 6/13/2008 (Duong, D). Modified on 6/13/2008 (Duong, D). (Entered: 06/12/2008)
2008-06-12140STIPULATION and PROPOSED ORDER for leave to file Sixth Amended Complaint by South Yuba River Citizens League, Friends of the River. (Sproul, Christopher) Modified on 6/13/2008 (Duong, D). (Entered: 06/12/2008)
2008-06-12141Further 131 Reply ERRATA by National Marine Fisheries Service. (Himel, Yoshinori) Modified on 6/13/2008 (Duong, D). (Entered: 06/12/2008)
2008-06-12142PROPOSED ORDER Granting plts' Motion for leave to file Surreply by South Yuba River Citizens League, Friends of the River. (Sproul, Christopher) Modified on 6/13/2008 (Duong, D). (Entered: 06/12/2008)
2008-06-13143AMENDED JOINT STATUS REPORT re 138]. (Attachments: # 1 Certificate of Service)(Fite, Lawson) Modified on 6/16/2008 (Duong, D). (Entered: 06/13/2008)
2008-06-13144ORDER signed by Senior Judge Lawrence K. Karlton on 6/13/08 ORDERING that the court does not find that a surreply is either necessary or helpful to the court in this instance. Accordingly, plaintiffs' 139 motion is DENIED. (Duong, D) Modified on 6/13/2008 (Duong, D). (Entered: 06/13/2008)
2008-06-16145MINUTES (Text Only) for proceedings held before Senior Judge Lawrence K. Karlton: MOTION HEARING held on 6/16/2008 re 108 , 125 CROSS-MOTIONS for SUMMARY JUDGMENT. After oral argument, the motions stand SUBMITTED. Court order to follow. Plaintiffs Counsel Brian Orion, Christopher Sproul present. Defendants Counsel Yoshinori Himel present. Court Reporter: T. Bocinski (Diamond Court Reporters). (Rivas, A) (Entered: 06/16/2008)
2008-06-16146MINUTES (Text Only) for proceedings held before Senior Judge Lawrence K. Karlton: SCHEDULING CONFERENCE held on 6/16/2008. Final Pretrial Conference set for 7/13/2009 at 02:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. 8 day Bench Trial set for 10/20/2009 at 10:30 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Motion Hearing set for 5/26/2009 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Plaintiffs Counsel Brian Orion, Christopher Sproul, Kelly Franger present. Defendants Counsel Yoshinori Himel, Lawson Fite (via telephone), Howard Wilkins, III. Intervenors: Dustin Cooper, Andrew Hitchings, and Hanspeter Walter present. Court Reporter: T. Bocinski (Diamond Court Reporters). (Rivas, A) (Entered: 06/16/2008)
2008-06-17147STIPULATION and PROPOSED ORDER by South Yuba River Citizens League, Friends of the River. (Attachments: # 1 Exhibit Proposed Stipulation and Order, # 2 Exhibit Proposed Sixth Amended Complaint)(Sproul, Christopher) (Entered: 06/17/2008)
2008-06-17148STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 6/17/08 ORDERING that SYRCLs Sixth Amended Complaint is deemed filed as of the date of this Order. Defendants' date for response to the Sixth Amended Complaint shall be fifteen court days from the date of this Order. Defendants shall not be obligated to file answers to the Fifth Amended Complaint.(Anderson, J) (Entered: 06/17/2008)
2008-06-17149SCHEDULING ORDER signed by Senior Judge Lawrence K. Karlton on 6/17/08 ORDERING that Discovery due by 2/16/2009. Final Pretrial Conference set for 7/13/2009 at 02:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Bench Trial set for 10/20/2008 at 10:30 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Anderson, J) (Entered: 06/17/2008)
2008-06-17150SIXTH AMENDED COMPLAINT against Michael J. Walsh, National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren, Yuba County Water Agency by South Yuba River Citizens League, Friends of the River.(Waggoner, D) (Entered: 06/18/2008)
2008-06-20151ORDER signed by Senior Judge Lawrence K. Karlton on 6/20/08. Defendants are ORDERED to produce, no later than twenty days from the date of this order, Vaughn declarations or indices addressing the deliberative process privilege asserted for documents responsive to Plaintiffs' 10/07 FOIA request. Plaintiffs' Motion for summary judgment on their seventh cause of action is 12 DENIED to the extent it alleges that defendant acted unlawfully by referring the request to other government agencies. Plaintiff's Motion is DENIED and defendants motion 125 is GRANTED as to plaintiffs eighth cause of action. (Mena-Sanchez, L) (Entered: 06/20/2008)
2008-07-02152ANSWER to 150 Sixth AMENDED COMPLAINT by Ramirez Water District.(Walter, Hanspeter) Modified on 7/3/2008 (Duong, D). (Entered: 07/02/2008)
2008-07-02153ANSWER to 150 Sixth AMENDED COMPLAINT by Intervenors Dry Creek Mutual Water Company, Brophy Water District, Hallwood Irrigation Company.(Hitchings, Andrew) Modified on 7/3/2008 (Duong, D). (Entered: 07/02/2008)
2008-07-03154MOTION to COMPEL by South Yuba River Citizens League, Friends of the River. Attorney Orion, Brian added. Motion Hearing set for 7/24/2008 at 11:00 AM in 8th floor courtroom (JFM) before Magistrate Judge John F. Moulds. (Attachments: # 1 Certificate of Service)(Orion, Brian) (Entered: 07/03/2008)
2008-07-07155ANSWER to 150 6TH AMENDED COMPLAINT by Cordua Irrigation District.(Cooper, Dustin) Modified on 7/8/2008 (Kaminski, H). (Entered: 07/07/2008)
2008-07-09156ANSWER to COMPLAINT by Michael J. Walsh, National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren. Attorney Fite, Lawson added.(Fite, Lawson) Modified on 7/10/2008 (Kaminski, H). (Entered: 07/09/2008)
2008-07-09157STIPULATION and PROPOSED ORDER by National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren. (Himel, Yoshinori) Modified on 7/10/2008 (Kaminski, H). (Entered: 07/09/2008)
2008-07-09158ANSWER to COMPLAINT Sixth Amended by Yuba County Water Agency.(Wilkins, Howard) (Entered: 07/09/2008)
2008-07-11159STIPULATION and ORDER 157 signed by Senior Judge Lawrence K. Karlton on 7/10/08 ORDERING that NMFS's obligation to file Vaughn materials, contained in paragraph 3 on page 39 of the Order filed June 20, 2008, is STAYED, unless and until renewed by notice filed by SYRCL. If such a notice is filed, the date to file the Vaughn materials shall be five court days after the notice filing.(Kastilahn, A) (Entered: 07/11/2008)
2008-07-21160JOINT STATEMENT RE DISCOVERY DISAGREEMENT by South Yuba River Citizens League, Friends of the River, Michael J. Walsh, National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers and Pete Geren. Motion Hearing set for 7/24/2008 at 11:00 AM in 8th floor courtroom (JFM) before Magistrate Judge John F. Moulds. (Attachments: # 1 Declaration of Brian Orion , # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L , # 14 Exhibit M, # 15 Exhibit N # 16 Exhibit Tables of plts' Discovery Requests, # 17 Certificate of Service, # 18 Exhibit Federal Defendants, # 19 Exhibit Federal Defendants, # 20 Exhibit Federal Defendants, # 21 Exhibit Federal Defendants, # 22 Exhibit Federal Defendants, # 23 Exhibit Federal Defendants, # 24 Exhibit Federal Defendants)(Orion, Brian) Modified on 7/22/2008 (Schultz, C). Modified on 7/22/2008 (Duong, D). (Entered: 07/21/2008)
2008-07-22161MINUTE ORDER (Text Only) from CRD C. Schultz for Magistrate Judge John F. Moulds on 07/22/08: 154 Plaintiff's Motion to Compel is SUBMITTED without oral argument. The hearing set for 7/24/08 is VACATED. Due to the hearing being VACATED, Counsel will not appear telephonically or otherwise.(Schultz, C) (Entered: 07/22/2008)
2008-08-06162NOTICE of Amendment to Corps' Second Supplemental Administrative Record by Michael J. Walsh, U.S. Army Corps of Engineers, Pete Geren re 136 Notice - Other - ATY. (Attachments: # 1 Revised Index, # 2 COE 5718)(Fite, Lawson) (Entered: 08/06/2008)
2008-08-26163ORDER signed by Magistrate Judge John F. Moulds on 08/25/08 ORDERING that plf's 154 , 160 Motion to Compel is DENIED. However, federal defendants are reminded of their obligation to provide in the administrative record all documents directly or indirectly considered by the decisionmaker. (Benson, A) (Entered: 08/26/2008)
2008-08-28164STIPULATION and PROPOSED ORDER to Bifurcate Action by Yuba County Water Agency. (Wilkins, Howard) Modified on 9/2/2008 (Engbretson, K.). (Entered: 08/28/2008)
2008-09-02165STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 8/29/2008 GRANTING 164 STIPULATION and PROPOSED ORDER to Bifurcate Action by Yuba County Water Agency. (Matson, R) (Entered: 09/02/2008)
2008-09-09166MOTION for RECONSIDERATION of Magistrate Judge's Denial of Plaintiffs' Motion to Compel by South Yuba River Citizens League, Friends of the River. (Attachments: # 1 Declaration of Brian Orion , # 2 Exhibit - Magistrate Judge's Ruling, # 3 Exhibit - Dfts' First Supplemental Response to Requests for Production, # 4 Exhibit - Dfts' First Supplemental Response to Requests for Admission , # 5 Exhibit - Dfts' First Supplemental Response to Interrogatories, # 6 Proposed Order Granting Motion , # 7 Certificate of Service)(Orion, Brian) Modified on 9/10/2008 (Duong, D). (Entered: 09/09/2008)
2008-09-16167RESPONSE to Request for Reconsideration by Michael J. Walsh, National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren re 166 MOTION for RECONSIDERATION of Magistrate Judge's Denial of Plaintiffs' Motion to Compel. (Attachments: # 1 Declaration of Michael Tucker, # 2 Exhibit A- Southwest Ctr v. Klasse, # 3 Exhibit B- Seattle Audubon Socy v. Norton, # 4 Exhibit C- Anderson v. Equifax, # 5 Exhibit D- Jones v. Sweeney)(Fite, Lawson) Modified on 9/17/2008 (Reader, L). (Entered: 09/16/2008)
2008-09-16168OPPOSITION by Defendant Yuba County Water Agency. Yuba County Water Agency's Opposition to Request for Reconsideration of Ruling Made by Magistrate Judge (Attachments: # 1 Exhibit November 2007 BiOp)(Wilkins, Howard) (Entered: 09/16/2008)
2008-09-17169STIPULATION and PROPOSED ORDER for Compromise Settlement of FOIA Claims by South Yuba River Citizens League, National Marine Fisheries Service. (Himel, Yoshinori) (Entered: 09/17/2008)
2008-09-18170STIPULATION and ORDER 169 for Compromise Settlement of FOIA Claims signed by Senior Judge Lawrence K. Karlton on 9/18/08. Deadline for Response to FOIA's 3 and 4 are EXTENDED as detailed in Settlement Agreement. Court will retain jurisdiction limited to enforcing compliance with terms of Settlement Agreement and this Stipulated Order. (Marciel, M) (Entered: 09/18/2008)
2008-09-18171REPLY by South Yuba River Citizens League, Friends of the River in Support of Request for Reconsideration (Attachments: # 1 Certificate of Service)(Orion, Brian) Modified on 9/19/2008 (Reader, L). (Entered: 09/18/2008)
2008-09-24172REPLY by South Yuba River Citizens League, Friends of the River to Opposition 168 to request for Reconsideration by the district court of magistrate judge's ruling (Attachments: # 1 Certificate of Service)(Orion, Brian) Modified on 9/25/2008 (Reader, L). (Entered: 09/24/2008)
2008-10-15173NOTICE of Supplemental Authority by defendants re 167 Response. (Attachments: # 1 order by Judge Campbell (Fite, Lawson) Modified on 10/16/2008 (Kaminski, H). (Entered: 10/15/2008)
2008-10-27174NOTICE 98 of Lodging Supplement to Administrative Record by defendants. (Attachments: # 1 Certificate of Administrative Record, # 2 Index # 3 Doc 296 # 4 Doc 297 # 5 Doc 298 # 6 Doc 299 # 7 Doc 300 # 8 Doc 301 # 9 Doc 302 # 10 Doc 303 # 11 Doc 304 # 12 Doc 305 # 13 Doc 306 # 14 Doc 307 # 15 Doc 308 # 16 Doc 309 # 17 Doc 310) (Fite, Lawson) Modified on 10/30/2008 (Marciel, M). (Entered: 10/27/2008)
2008-11-06175STIPULATION and Proposed Order To Stay Expert Disclosure Deadline and Request for Status Conference by Cordua Irrigation District, South Yuba River Citizens League, Friends of the River, National Marine Fisheries Service, U.S. Army Corps of Engineers, Yuba County Water Agency. (Orion, Brian) (Entered: 11/06/2008)
2008-11-07176NOTICE of SETTLEMENT : Partial Settlement, FOIA Attorney's Fees Only, by National Marine Fisheries Service. Filing due by 12/1/2008. (Himel, Yoshinori) (Entered: 11/07/2008)
2008-11-13177ORDER signed by Senior Judge Lawrence K. Karlton on 11/13/08 GRANTING 175 Stipulation. The deadline for designation of experts and the submission of expert reports shall be taken off calendar. Status Conference set for 11/24/2008 at 03:00 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton.(Streeter, J) (Entered: 11/13/2008)
2008-11-17178STIPULATION and PROPOSED ORDER Continuing Status Conference by Cordua Irrigation District, South Yuba River Citizens League, Friends of the River, Michael J. Walsh, National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren, Yuba County Water Agency. (Attachments: # 1 Certificate of Service)(Fite, Lawson) (Entered: 11/17/2008)
2008-11-18179MINUTE ORDER (Text Only) by CRD re 177 Order. The parties are hereby notified that the Status Conference, currently set for 11/24/2008, is CONTINUED TO 12/8/2008 at 11:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Rivas, A) (Entered: 11/18/2008)
2008-12-01180STIPULATION and PROPOSED ORDER for : SYRCL's and NMFS's Stipulation and Order Setting FOIA Attorney's Fees by South Yuba River Citizens League, National Marine Fisheries Service. (Himel, Yoshinori) (Entered: 12/01/2008)
2008-12-05181JOINT STATUS REPORT by Dry Creek Mutual Water Company, Brophy Water District, Hallwood Irrigation Company, Cordua Irrigation District, Ramirez Water District, South Yuba River Citizens League, Friends of the River, Michael J. Walsh, National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren, Yuba County Water Agency. (Attachments: # 1 Certificate of Service)(Fite, Lawson) (Entered: 12/05/2008)
2008-12-08182STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 12/8/08 GRANTING attorney's fees. (Becknal, R) (Entered: 12/08/2008)
2008-12-08183MINUTES (Text Only) for proceedings held before Senior Judge Lawrence K. Karlton: SCHEDULING CONFERENCE held on 12/8/2008. Court order to follow. Plaintiffs Counsel Christopher Sproul, Brian Orion present. Defendants Counsel Andrew M. Hitchings, Brophy Water, Hanspeter Walter, Lawson Fite, Dustin Cooper, Howard F. Wilkins, III, Yoshinori Himel present. (Rivas, A) (Entered: 12/09/2008)
2008-12-23184ORDER signed by Senior Judge Lawrence K. Karlton on 12/23/08 ORDERING that Pltf's 166 motion for reconsideration is GRANTED in part and DENIED in part. Additionally this court's 6/17/08 scheduling order is AMENDED. Discovery shall be completed no later than 8/14/09. Motions to compel discovery must be filed no later than 7/14/09. All law and motion matters shall be filed no later than 11/16/09. The final pretrial conference is set for 1/25/10 at 3:00 PM. The trial is estimated for eight days, and is set for 4/13/10. (Engbretson, K.) (Entered: 12/23/2008)
2009-01-19185MOTION for Clarification of Order 184 Granting Request for Reconsideration of Magistrate Judge's Ruling by South Yuba River Citizens League, Friends of the River. (Attachments: # 1 Declaration of Brian Orion; Exhibits 1 & 2, # 2 Proposed Order, # 3 Certificate of Service)(Orion, Brian) Modified on 1/20/2009 (Becknal, R). (Entered: 01/19/2009)
2009-01-28186NOTICE of CHANGE of ADDRESS by Brian Orion. (Attachments: # 1 Certificate of Service)(Orion, Brian) (Entered: 01/28/2009)
2009-01-30187STIPULATION and PROPOSED ORDER for Setting Briefing Schedule re 185 Motion for Clarification by Dry Creek Mutual Water Company, Brophy Water District, Hallwood Irrigation Company, Cordua Irrigation District, Ramirez Water District, South Yuba River Citizens League, Friends of the River, Michael J. Walsh, National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren, Yuba County Water Agency. (Attachments: # 1 Certificate of Service)(Fite, Lawson) (Entered: 01/30/2009)
2009-02-06188ORDER signed by Senior Judge Lawrence K. Karlton on 2/5/09 ORDERING that responses by Dfts and Dft-Intervenors to 185 Motion for Clarification shall be filed on or before 2/13/09. Pltfs' reply, if any, shall be filed on or before 2/17/09. Upon the filing of Pltfs' reply, the Motion shall stand submitted. (Engbretson, K.) (Entered: 02/06/2009)
2009-02-10189NOTICE of APPEARANCE by Bradley H. Oliphant on behalf of National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren. Attorney Oliphant, Bradley H. added. (Oliphant, Bradley) (Entered: 02/10/2009)
2009-02-13190OPPOSITION by Ramirez Water District to 185 Motion for Clarification. (Walter, Hanspeter) Modified on 2/17/2009 (Mena-Sanchez, L). (Entered: 02/13/2009)
2009-02-13191Federal Defendants' RESPONSE to 185 Motion for Clarification. (Attachments: # 1 Declaration of Lawson E. Fite, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Certificate of Service)(Fite, Lawson) Modified on 2/17/2009 (Mena-Sanchez, L). (Entered: 02/13/2009)
2009-02-13192RESPONSE by Yuba County Water Agency to Plaintiffs' MOTION for Clarification 185 (Attachments: # 1 Declaration of Howard F. Wilkins III, # 2 Exhibits A and B)(Wilkins, Howard) Modified on 2/17/2009 (Mena-Sanchez, L). (Entered: 02/13/2009)
2009-02-13193JOINDER by Cordua Irrigation District in response to Plaintiffs' MOTION 185 for Clarification. (Cooper, Dustin) Modified on 2/17/2009 (Mena-Sanchez, L). (Entered: 02/13/2009)
2009-02-15194REPLY by South Yuba River Citizens League to RESPONSE in OPPOSITION to Plaintiffs' Motion for Clarification 185 (Attachments: # 1 Declaration of C. Sproul, # 2 Exhibit A to Sproul Declaration, # 3 Certificate of Service)(Sproul, Christopher) Modified on 2/17/2009 (Mena-Sanchez, L). (Entered: 02/15/2009)
2009-02-17195JOINDER by Dry Creek Mutual Water Company, Brophy Water District, Hallwood Irrigation Company in (1) Ramirez Water District's Opposition to Plaintiffs' Motion for Clarification 185 ; and (2) Yuba County Water Agency's Response to Plaintiffs' Motion (Hitchings, Andrew) Modified on 2/18/2009 (Mena-Sanchez, L). (Entered: 02/17/2009)
2009-02-18196NOTICE OF LODGING (Corps' Third Supplemental Administrative Record) by Michael J. Walsh, U.S. Army Corps of Engineers, Pete Geren: Administrative Record Lodged with court pursuant to LR Civ 39-138(b). (Fite, Lawson)(docs and cd/dvd rec'd 02/19/09 and routed to file room in box EL 31-34)) Modified on 2/20/2009 (Benson, A.). (Entered: 02/18/2009)
2009-03-02197MOTION for PRELIMINARY INJUNCTION by South Yuba River Citizens League, Friends of the River. Motion Hearing set for 4/6/2009 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Orion, Brian) (Entered: 03/02/2009)
2009-03-02198MEMORANDUM by South Yuba River Citizens League, Friends of the River in SUPPORT of 197 MOTION for PRELIMINARY INJUNCTION. (Attachments: # 1 Declaration of Brian Orion, # 2 Orion Ex. 1, # 3 Orion Ex. 2, # 4 Orion Ex. 3, # 5 Orion Ex. 4, # 6 Orion Ex. 5, # 7 Orion Ex. 6 part1, # 8 Orion Ex. 6 part2, # 9 Orion Ex. 7, # 10 Orion Ex. 8, # 11 Orion Ex. 9, # 12 Orion Ex. 10, # 13 Orion Ex. 11, # 14 Orion Ex. 12)(Orion, Brian) (Entered: 03/02/2009)
2009-03-02199DECLARATION of Christina Swanson in Support Of 197 MOTION for PRELIMINARY INJUNCTION. (Attachments: # 1 Swanson Ex. A, # 2 Swanson Ex. B, # 3 Swanson Ex. C, # 4 Swanson Ex. D, # 5 Swanson Ex. E, # 6 Swanson Ex. F part1, # 7 Swanson Ex. F part2, # 8 Swanson Ex. F part3, # 9 Swanson Ex. F part4, # 10 Brad Cavallo Declaration, # 11 Cavallo Ex. A, # 12 Gary Reedy Declaration, # 13 Reedy Ex. A, # 14 John Nelson Declaration, # 15 Steve Rothert Declaration, # 16 Proposed Order, # 17 Certificate of Service)(Orion, Brian) (Entered: 03/02/2009)
2009-03-06200MOTION to DISMISS for LACK of JURISDICTION (Count 4, in Part) by Michael J. Walsh, U.S. Army Corps of Engineers, Pete Geren. Motion Hearing set for 4/6/2009 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: # 1 Points and Authorities, # 2 Exhibit A- Atlantic Green Sea Turtle, # 3 Exhibit B- EPIC v. FWS, # 4 Certificate of Service)(Fite, Lawson) (Entered: 03/06/2009)
2009-03-10201NOTICE of EX PARTE APPLICATION by Yuba County Water Agency to Extend time to plead and continue hearing on plts' Motion for Preliminary Injunction . (Attachments: # 1 Ex Parte Application to extend time to plead and continue hearing, # 2 Declaration of Howard F. Wilkins # 3 Exhibit A # 4 Exhibit B # 5 Exhibit C # 6 Exhibit D # 7 Proposed ORDER )(Wilkins, Howard) Modified on 3/11/2009 (Duong, D). (Entered: 03/10/2009)
2009-03-10202STATEMENT of Non-Opposition by Federal dfts re 201 Ex Parte Application to Extend time. (Fite, Lawson) Modified on 3/11/2009 (Duong, D). (Entered: 03/10/2009)
2009-03-10203JOINDER by Cordua Irrigation District in 201 YCWA Ex Parte Application to Extend Time and Continue Preliminary Injunction Hearing Date. (Cooper, Dustin) Modified on 3/11/2009 (Duong, D). (Entered: 03/10/2009)
2009-03-10204STATEMENT of NON-OPPOSITION by Dry Creek Mutual Water Company, Brophy Water District, Hallwood Irrigation Company to Yuba County Water Agency's 201 Ex Parte Application for Extension of Time. (Hitchings, Andrew) Modified on 3/11/2009 (Duong, D). (Entered: 03/10/2009)
2009-03-11205OPPOSITION by South Yuba River Citizens League, Friends of the River to YCWA 201 Ex Parte Motion . (Attachments: # 1 Certificate of Service)(Sproul, Christopher) Modified on 3/12/2009 (Duong, D). (Entered: 03/11/2009)
2009-03-11206REPLY to Plaintiffs' 205 Opposition to Ex Parte Application to Extend Time and Continue by Yuba County Water Agency. (Wilkins, Howard) Modified on 3/12/2009 (Duong, D). (Entered: 03/11/2009)
2009-03-12207ORDER signed by Senior Judge Lawrence K. Karlton on 3/12/09 ORDERING that YCWA's 201 application to extend time is DENIED. References to Nelson's testimony in Pltf's present motion are STRICKEN. Pltfs may withdraw this motion by 5 p.m. on Friday, 3/13/09 without prejudice, and re-notice this motion for hearing at a later date which will afford dfts an opportunity to depose Nelson. (Engbretson, K.) (Entered: 03/12/2009)
2009-03-12208NOTICE of Intent to Maintain Hearing Date and Briefing Schedule by South Yuba River Citizens League, Friends of the River. (Attachments: # 1 Certificate of Service)(Orion, Brian) (Entered: 03/12/2009)
2009-03-13209STIPULATION and PROPOSED ORDER for Staying Certain Discovery Pending Federal Defendants' Motion To Dismiss. Attorney Oliphant, Bradley H. added. (Oliphant, Bradley) Modified on 3/16/2009 (Streeter, J). (Entered: 03/13/2009)
2009-03-13210NOTICE of APPEARANCE by Patricia Lynn Weisselberg on behalf of South Yuba River Citizens League, Friends of the River. Attorney Weisselberg, Patricia Lynn added. (Attachments: # 1 Certificate of Service)(Weisselberg, Patricia) (Entered: 03/13/2009)
2009-03-17211STIPULATION and ORDER STAYING CERTAIN DISCOVERY pending Federal Defendants' MOTION TO DISMISS signed by Magistrate Judge John F. Moulds on 3/16/09. (Mena-Sanchez, L) (Entered: 03/17/2009)
2009-03-18212NOTICE of APPEARANCE by Andrew Morrow Hitchings on behalf of Dry Creek Mutual Water Company, Brophy Water District, Hallwood Irrigation Company. (Hitchings, Andrew) (Entered: 03/18/2009)
2009-03-19213NOTICE of CHANGE of ADDRESS by James Mark Atlas. (Atlas, James) (Entered: 03/19/2009)
2009-03-20214OPPOSITION by Michael J. Walsh, National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren to 197 Motion for Preliminary Injunction. (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, # 10 Declaration of Douglas E. Grothe, # 11 Declaration of Bradley H. Oliphant, # 12 Exhibit 1 to Oliphant Dec'ln, # 13 Certificate of Service)(Fite, Lawson) Modified on 3/24/2009 (Engbretson, K.). (Entered: 03/20/2009)
2009-03-20215[DISREGARD - See Doc. 221 ] JOINDER by Dry Creek Mutual Water Company, Brophy Water District, Hallwood Irrigation Company in. (Hitchings, Andrew) Modified on 3/23/2009 (Engbretson, K.). Modified on 3/24/2009 (Engbretson, K.). (Entered: 03/20/2009)
2009-03-20216OPPOSITION by South Yuba River Citizens League, Friends of the River to 200 Motion to Dismiss in Part Plaintiffs' Fourth Claim for Relief. (Attachments: # 1 Certificate of Service)(Orion, Brian) Modified on 3/24/2009 (Engbretson, K.). (Entered: 03/20/2009)
2009-03-20217MOTION to COMPEL DISCOVERY by Yuba County Water Agency. Motion Hearing set for 3/26/2009 at 11:00 AM in 8th floor courtroom (JFM) before Magistrate Judge John F. Moulds. (Attachments: # 1 Proposed Order)(Wilkins, Howard) Modified on 3/24/2009 (Engbretson, K.). (Entered: 03/20/2009)
2009-03-20218OPPOSITION by Yuba County Water Agency to 197 Motion for Preliminary Injunction. (Attachments: # 1 Declaration of Howard F. Wilkins III, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Objections and Request to Strike)(Wilkins, Howard) Modified on 3/24/2009 (Engbretson, K.). (Entered: 03/20/2009)
2009-03-20219DECLARATION of Curt Aikens in Support of 218 Opposition to 197 Motion for Preliminary Injunction. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Notice of Non-CA Authorities, # 9 Exhibit A to Notice of Non-CA Authorities, # 10 Exhibit B to Notice of Non-CA Authorities, # 11 Notice of Non-CA Auth. in Support of Opposition, # 12 Exhibit A to Notice of Non-CA Auth)(Wilkins, Howard) Modified on 3/24/2009 (Engbretson, K.). (Entered: 03/20/2009)
2009-03-21220OPPOSITION by Cordua Irrigation District to 197 Motion for Preliminary Injunction. (Attachments: # 1 Declaration of Paul Minasian, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Minasian, Paul) Modified on 3/24/2009 (Engbretson, K.). (Entered: 03/21/2009)
2009-03-23221JOINDER by Dry Creek Mutual Water Company, Brophy Water District, Hallwood Irrigation Company in 218 Opposition to Plaintiffs' Motion for Preliminary Injunction (Hitchings, Andrew) Modified on 3/25/2009 (Engbretson, K.). (Entered: 03/23/2009)
2009-03-23222JOINDER by Ramirez Water District in 218 Opposition to Plaintiffs' Motion for Preliminary Injunction. (Walter, Hanspeter) Modified on 3/25/2009 (Engbretson, K.). (Entered: 03/23/2009)
2009-03-23223MOTION Leave to File Oversize Reply Briefs by South Yuba River Citizens League, Friends of the River. Motion Hearing set for 4/6/2009 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Sproul, Christopher) (Entered: 03/23/2009)
2009-03-23224[DISREGARD - See doc. 225 for corrected image] JOINT STATEMENT re Discovery Disagreement by South Yuba River Citizens League, Friends of the River, Yuba County Water Agency. (Wilkins, Howard) Modified on 3/25/2009 (Engbretson, K.). (Entered: 03/23/2009)
2009-03-23225JOINT STATEMENT re Discovery Disagreement by South Yuba River Citizens League, Friends of the River, Yuba County Water Agency. (Wilkins, Howard) Modified on 3/25/2009 (Engbretson, K.). (Entered: 03/23/2009)
2009-03-23226DECLARATION of Howard F. Wilkins III in Support of 225 Joint Statement re Discovery Disagreement. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Wilkins, Howard) Modified on 3/25/2009 (Engbretson, K.). (Entered: 03/23/2009)
2009-03-23227DECLARATION of Christopher Sproul in Opposition to 225 Joint Statement re Discovery Disagreement. (Wilkins, Howard) Modified on 3/25/2009 (Engbretson, K.). (Entered: 03/23/2009)
2009-03-24228STIPULATION and PROPOSED ORDER for Modifying Page Limitations re 197 Motion for Preliminary Injunction by Defendants. (Attachments: # 1 Certificate of Service)(Fite, Lawson) Modified on 3/26/2009 (Engbretson, K.). (Entered: 03/24/2009)
2009-03-25229MINUTE ORDER by CRD: Order shortening time is GRANTED. Defendant's 217 Motion for Discovery will be placed on the Honorable John F. Moulds Civil Law and Motion calendar at 11:00am on March 26, 2009. To arrange telephonic appearance, parties shall contact Jonathan Anderson, the courtroom deputy of Honorable John F. Moulds, at (916) 930-4072. (Anderson, J) (Entered: 03/25/2009)
2009-03-25230STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 3/24/2009 GRANTING 228 Stipulation and Proposed Order for Modifying Page Limitations. (Matson, R) (Entered: 03/25/2009)
2009-03-25231JOINDER by Cordua Irrigation District in 197 Motion for Preliminary Injunction filed by Friends of the River, South Yuba River Citizens League. (Cooper, Dustin) Modified on 3/26/2009 (Engbretson, K.). (Entered: 03/25/2009)
2009-03-26232CERTIFICATE of SERVICE re Plaintiffs' Response to Federal Defendants' First Set of Interrogatories by South Yuba River Citizens League, Friends of the River. (Sproul, Christopher) Modified on 4/9/2009 (Engbretson, K.). (Entered: 03/26/2009)
2009-03-26233CERTIFICATE of SERVICE by Cordua Irrigation District re 220 Opposition to Motion. (Cooper, Dustin) Modified on 4/9/2009 (Engbretson, K.). (Entered: 03/26/2009)
2009-03-26234ORDER signed by Magistrate Judge John F. Moulds on 03/26/09 GRANTING 217 Motion To Compel. IT IS ORDERED that plaintiffs shall provide all of the drafts of Brad Cavallo's declaration, to YCWA's counsel on or before close of business Monday, March 30, 2009. (Streeter, J) (Entered: 03/26/2009)
2009-03-26235MINUTES MOTION HEARING by CRD for proceedings held before Magistrate Judge John F. Moulds: held on 3/27/2009 re 217 MOTION for DISCOVERY. Plaintiffs Counsel Christopher Sproul and Howard F. Wilkins present. Defendants Counsel Lawson Fite and Andrew Hitchings present. Discussion about pending moitons. Matter is submitted. Court to issue order.Court Reporter/CD Number: 1 of 1. Interpreter NA present. (Anderson, J) (Entered: 03/27/2009)
2009-03-27236MOTION for RECONSIDERATION of Magistrate Judge's Order Granting YCWA's Motion for Compel by South Yuba River Citizens League, Friends of the River. Motion Hearing set for 4/6/2009 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: # 1 Orion Declaration, # 2 Ex. A, # 3 Ex. B, # 4 Proposed Order, # 5 Proposed Order Granting Request to Vacate Hearing, # 6 Certificate of Service)(Orion, Brian) Modified on 3/31/2009 (Kaminski, H). (Entered: 03/27/2009)
2009-03-30237ERRETA to YCWA's Opposition to Motion for Preliminary Injunction and Declaration by Curt Aikens by Yuba County Water Agency. (Wilkins, Howard) Modified on 3/31/2009 (Kaminski, H). (Entered: 03/30/2009)
2009-03-30238OPPOSITION by Michael J. Walsh, National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren to Request for Extension of Time (Attachments: # 1 Certificate of Service)(Fite, Lawson) Modified on 3/31/2009 (Kaminski, H). (Entered: 03/30/2009)
2009-03-30239ORDER signed by Senior Judge Lawrence K. Karlton on 3/30/2009 ORDERING The hearing on pltf's motion for a preliminary injunction (Doc. 197) is CONTINUED to May 4, 2009, at 10:00 a.m.; The deadline for filing a reply in support of plaintiffs motion for a preliminary injunction is unchanged; such a reply, if any, SHALL be filed no later than March 30, 2009; The hearing on plaintiffs motion for reconsideration (Doc. 236) and YCWAs motion to strike (Doc. 218 Ex. 7) currently set for April 6, 2009, is VACATED; The hearing on defendant Army Corps of Engineers motion to dismiss (Doc. 200), currently set for April 6, 2009, is unchanged.(Matson, R) (Entered: 03/30/2009)
2009-03-30240REPLY by Michael J. Walsh, National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren to RESPONSE to 200 MOTION to DISMISS for LACK of JURISDICTION # 1 Certificate of Service)(Fite, Lawson) Modified on 3/31/2009 (Kaminski, H). (Entered: 03/30/2009)
2009-03-30241RESPONSE to Opposition to Plaintiffs' Motion for Preliminary Injunction by Yuba County Water Agency. (Wilkins, Howard) Modified on 3/31/2009 (Kaminski, H). (Entered: 03/30/2009)
2009-03-30242REPLY by South Yuba River Citizens League, Friends of the River to Cordua Irrigation District's Opposition to Motion for Preliminary Injunction (Sproul, Christopher) Modified on 3/31/2009 (Kaminski, H). (Entered: 03/30/2009)
2009-03-30243OPPOSITION by South Yuba River Citizens League, Friends of the River to OBJECTION re YCWA Motion to Strike Cavallo Declaration (Sproul, Christopher) Modified on 3/31/2009 (Kaminski, H). (Entered: 03/30/2009)
2009-03-30244REPLY by South Yuba River Citizens League, Friends of the River to OPPOSIITON of Federal Defendants and YCWA to Plaintiffs' Preliminary Injunction Motion (Attachments: # 1 Reply to YCWA Opposition, # 2 Cavallo Reply Declaration, # 3 Ex. 1, # 4 Ex. 2, # 5 Ex. 3, # 6 Ex. 4, # 7 Ex. 5, # 8 Certificate of Service)(Orion, Brian) Modified on 3/31/2009 (Kaminski, H). (Entered: 03/30/2009)
2009-04-03245OPPOSITION by Yuba County Water Agency. To Plaintiffs Motion For Reconsideration (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Declaration Wilkins Declaration, # 7 Exhibit A to Wilkins Declaration)(Wilkins, Howard) (Entered: 04/03/2009)
2009-04-06246MINUTES (Text Only) for proceedings held before Senior Judge Lawrence K. Karlton: MOTION HEARING held on 4/6/2009 re 200 MOTION to DISMISS for LACK of JURISDICTION (Count 4, in Part) filed by Michael J. Walsh, U.S. Army Corps of Engineers, Pete Geren. After oral argument, the matter stands SUBMITTED. Court order to follow. Plaintiffs Counsel Brian Orion present. Defendants Counsel Lawson Fite, Jennifer Buckman, Howard Wilkins, III present. Court Reporter: Vicki Britt (Diamond Court Reporter). (Rivas, A) (Entered: 04/06/2009)
2009-04-06247MEMORANDUM in SUPPORT of Plaintiffs' MOTION for Partial SUMMARY ADJUDICATION of Standing Issue. Motion Hearing set for 5/18/2009 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: # 1 Declaration of J. Rainey, # 2 Declaration of R. Cutter, # 3 Declaration of S. Darden, # 4 Certificate of Service) (Sproul, Christopher) Modified on 4/7/2009 (Mena-Sanchez, L). Modified on 6/14/2010 (Rivas, A). (Entered: 04/06/2009)
2009-04-07248PROPOSED ORDER re 247 MOTION for SUMMARY JUDGMENT Partial Summary Adjudication of Standing Issue . (Sproul, Christopher) (Entered: 04/07/2009)
2009-04-30249ORDER signed by Senior Judge Lawrence K. Karlton on 4/29/09 ORDERING the 5/4/09 hearing on Pltfs' 197 motion for preliminary injunction is VACATED. (Engbretson, K.) (Entered: 04/30/2009)
2009-05-01250RESPONSE by defendants to 247 Motion for Partial Summary Adjudication of Standing Issue. (Attachments: # 1 Declaration of Bradley H. Oliphant, # 2 Exhibit 1 (Federal Defendants' Discovery (March 2, 2009) # 3 Exhibit 2 (March 13, 2009 Letter) # 4 Exhibit 3 (March 18, 2009 email) # 5 Exhibit 4 (March 17, 2009 Letter From L. Fite) # 6 Exhibit 5 (March 17, 2009 letter from C.Sproul) # 7 Exhibit 6 (plaintiffs' Response to Discovery (March 26, 2009) # 8 Exhibit 7 (March 27, 2009 letter) # 9 Exhibit 8 (April 6, 2009 email)) (Oliphant, Bradley) Modified on 5/4/2009 (Marciel, M). (Entered: 05/01/2009)
2009-05-01251OPPOSITION by Yuba County Water Agency to plaintiffs' Memorandum in Support of Motion for Partial Summary Adjudication of Standing Issue. (Attachments: # 1 Exhibit A # 2 Exhibit B) (Wilkins, Howard) Modified on 5/4/2009 (Marciel, M). (Entered: 05/01/2009)
2009-05-05252ORDER signed by Senior Judge Lawrence K. Karlton on 5/5/2009 DENYING defendants' 200 Motion to Dismiss for Lack of Jurisdiction. (Marciel, M) (Entered: 05/05/2009)
2009-05-05253REPLY MEMORANDUM by plaintiffs in support of Motion for Partial Summary Adjudication. (Attachments: # 1 Notice of Motion # 2 Statement of Undisputed Facts, # 3 Certificate of Service) (Sproul, Christopher) Modified on 5/7/2009 (Marciel, M). (Entered: 05/05/2009)
2009-05-06254ORDER signed by Senior Judge Lawrence K. Karlton on 5/6/09: Plaintiffs' motion for clarification is DENIED IN PART 185 . Federal defendants are ORDERED to provide the written responses to discovery ordered by this court's order of December 23, 2008, if still outstanding, within thirty days of the filing of this order. (Kaminski, H) (Entered: 05/06/2009)
2009-05-06255ORDER signed by Senior Judge Lawrence K. Karlton on 5/6/09: Plaintiffs' motion for reconsideration of the magistrate's order of January 26, 2009 is DENIED 236 . Defendant YCWA's motion to strike is GRANTED. Plaintiffs' motion for a preliminary injunction is DENIED WITHOUT PREJUDICE 197 . Plaintiffs SHALL comply with the magistrate's order compelling discovery by no later than May 20, 2009. Plaintiffs SHALL NOT file a renewed motion seeking a preliminary injunction UNTIL either they have produced the documents sought by YCWAs motion to compel or all disputes concerning such discovery have been resolved. (Kaminski, H) (Entered: 05/06/2009)
2009-05-11256NOTICE OF MOTION for Partial Summary Adjudication of Standing Issue by South Yuba River Citizens League, Friends of the River. Motion Hearing set for 05/18/09 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Sproul, Christopher) Modified on 6/5/2009 (Reader, L). (Entered: 05/11/2009)
2009-05-14257STIPULATION and PROPOSED ORDER for Continuance Of Hearing on plf's 256 Motion For Partial Summary Adjudication On The Issue Of Standing to 06/29/09 by Michael J. Walsh, National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren. (Oliphant, Bradley) (Entered: 05/14/2009)
2009-05-15258ORDER signed by Senior Judge Lawrence K. Karlton on 5/15/09 ORDERING that the 257 stipulation to continue the hearing is GRANTED and will be continued to 6/29/09; counsel for plaintiffs is hereby ORDERED TO SHOW CAUSE in writing by 6/8/09 why sanctions should not issue in this case in the amount of one hundred fifty dollars ($150.00) for the failure to comply with Local Rule 56-260(a). Motion Hearing set for 6/29/2009 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Gaydosh, J) (Entered: 05/15/2009)
2009-05-20259CERTIFICATE of service of Plaintiffs' Second Response to Federal Defendants' First Set of Interrogatories by South Yuba River Citizens League, Friends of the River. (Sproul, Christopher) Modified on 5/20/2009 (Becknal, R). (Entered: 05/20/2009)
2009-05-20260MOTION for PRELIMINARY INJUNCTION by South Yuba River Citizens League, Friends of the River. Motion Hearing set for 6/29/09 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Proposed Order, # 3 Certificate of Service, # 4 Declaration of Brian Orion, # 5 Ex. 1, # 6 Ex. 2, # 7 Ex. 3, # 8 Ex. 4, # 9 Ex. 5, # 10 Ex. 6 part 1, # 11 Ex. 6 part 2, # 12 Ex. 7, # 13 Ex. 8, # 14 Ex. 9, # 15 Ex. 10, # 16 Ex. 11, # 17 Ex. 12)(Orion, Brian) Modified on 5/21/2009 (Becknal, R). Modified on 6/14/2010 (Rivas, A). (Entered: 05/20/2009)
2009-05-20261DECLARATION of Brad Cavallo in Support of 260 Motion for Preliminary Injunction. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Orion, Brian) Modified on 5/21/2009 (Becknal, R). (Entered: 05/20/2009)
2009-05-20262DECLARATION of Christina Swanson in Support of 260 Motion for Preliminary Injunction. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Orion, Brian) Modified on 5/21/2009 (Becknal, R). (Entered: 05/20/2009)
2009-05-20263DECLARATION of Gary Reedy in Support of 260 Motion for Preliminary Injunction. (Attachments: # 1 Exhibit)(Orion, Brian) Modified on 5/21/2009 (Becknal, R). (Entered: 05/20/2009)
2009-05-20264DECLARATION of John Nelson in Support of 260 Motion for Preliminary Injunction. (Orion, Brian) Modified on 5/21/2009 (Becknal, R). (Entered: 05/20/2009)
2009-05-20265DECLARATION of Steve Rothert in Support of 260 Motion for Preliminary Injunction. (Orion, Brian) Modified on 5/21/2009 (Becknal, R). (Entered: 05/20/2009)
2009-05-21266RESPONSE to Court's 258 Order to Show Cause filed by South Yuba River Citizens League, Friends of the River. (Attachments: # 1 certificate of service)(Sproul, Christopher) Modified on 5/22/2009 (Becknal, R). (Entered: 05/21/2009)
2009-05-21267STIPULATION and PROPOSED ORDER Setting Modified Page Limits and Briefing Schedule for Plaintiffs' 260 Motion for Preliminary Injunction. (Attachments: # 1 certificate of service)(Sproul, Christopher) Modified on 5/22/2009 (Becknal, R). (Entered: 05/21/2009)
2009-05-21268PLAINTIFFS' ERRATA concerning Exhibit 13, to Declaration of Brian Orion in support of 260 Motion for Preliminary Injunction. (Attachments: # 1 Exhibit 13, # 2 Certificate of Service)(Sproul, Christopher) Modified on 5/22/2009 (Becknal, R). (Entered: 05/21/2009)
2009-05-22269NOTICE of CHANGE of ADDRESS by James Mark Atlas. (Atlas, James) (Entered: 05/22/2009)
2009-05-22270[DISREGARD - ATTY TO REFILE] DECLARATION of Brad Cavallo in re 260 Motion for Preliminary Injunction. (Weisselberg, Patricia) Modified on 5/26/2009 (Benson, A.). (Entered: 05/22/2009)
2009-05-22271ERRATA (Attachments: # 1 Exhibit 2 to 260 Declaration of Brad Cavallo, # 2 Exhibit 6 to 260 Brian Orion Declaration, Appendix G, page 10, # 3 certificate of service)(Weisselberg, Patricia) Modified on 5/26/2009 (Benson, A.). (Entered: 05/22/2009)
2009-05-26272STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 5/26/09. Plaintiffs shall be granted leave to file an opening brief not to exceed 35 pages; YCWA shall be granted leave to file an opposition brief not to exceed 45 pages; The Federal Defendants shall be granted leave to file an opposition brief not to exceed 45 pages; The Intervenor Defendants shall each be granted leave to file opposition briefs not to exceed 45 pages; Plaintiffs shall be granted leave to file reply briefs to the Defendants' opposition briefs not to exceed 20 pages in length; Plaintiffs' opening brief is due May 20, 2009; Opposition briefs by YCWA, the Federal Defendants and Intervenor Defendants are due June 10, 2009; Reply briefs by Plaintiffs are due 6/23/2009. All expert deadlines (including designations, reports and discovery) shall be stayed pending ruling on the parties' motions for summary judgment. (Mena-Sanchez, L) (Entered: 05/26/2009)
2009-06-03273ORDER signed by Senior Judge Lawrence K. Karlton on 6/3/09 ORDERING that counsel for plaintiff is SANCTIONED in the amount of $150. The sum shall be paid to the Clerk of Court no later than 30 days from the date of this order.(Donati, J) (Entered: 06/03/2009)
2009-06-03274STIPULATION and PROPOSED ORDER for Setting Briefing Schedule and Page Limitations on Summary Judgment by Michael J. Walsh, National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers. (Attachments: # 1 Certificate of Service)(Fite, Lawson) (Entered: 06/03/2009)
2009-06-04275NOTICE OF FILING / LODGING DOCUMENT IN PAPER by Michael J. Walsh, U.S. Army Corps of Engineers, Pete Geren: Corps' Fourth Supplemental Administrative Record Lodged with court pursuant to LR Civ 39-138(b). (Disc received 6/4/09 and routed to file room) (Fite, Lawson) Modified on 6/4/2009 (Engbretson, K.). (Entered: 06/04/2009)
2009-06-04276NOTICE OF LODGING DOCUMENT IN PAPER by defendants: NMFS Second Supplemental Administrative Record Lodged with Court pursuant to LR 39-138(b). (Fite, Lawson) [2 CD's received and routed to fileroom] Modified on 6/5/2009 (Marciel, M). (Entered: 06/04/2009)
2009-06-05277ORDER signed by Senior Judge Lawrence K. Karlton on 6/5/2009 ORDERING 247 The parties shall be granted leave to file opening briefs not to exceed 40 pages; Pltfs shall be GRANTED leave to file opposition/reply briefs not to exceed 20 pages in length; Dfts and Dft-Intervenor shall be GRANTED LEAVE to file reply briefs not to exceed 20 pages in length; Pltfs' motion for summary judgment and opening brief is due 6/8/2009; Dfts' and Dft-Intervenor's cross-motions for summary judgment and opening briefs are due 7/10/2009; Pltfs' opposition/reply briefs are due 7/24/2009; Reply briefs by Dfts and Dft-Intervenor are due 8/7/2009; the motions shall be set for hearing on 8/17/2009 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton.(Reader, L) (Entered: 06/05/2009)
2009-06-08278DECLARATION re Payment of Sanctions by South Yuba River Citizens League, Friends of the River. (Attachments: # 1 Certificate of Service) (Sproul, Christopher) Modified on 6/9/2009 (Marciel, M). Modified on 6/9/2009 (Kaminski, H). (Entered: 06/08/2009)
2009-06-08279MOTION for PARTIAL SUMMARY JUDGMENT by South Yuba River Citizens League. Motion Hearing set for 8/17/2009 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: # 1 Memorandum , # 2 Declaration of Patricia Weisselberg, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, pt. 1, # 9 Exhibit 6, pt. 2, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Statement of undisputed facts, # 19 Proposed Order, # 20 certificate of service)(Weisselberg, Patricia) Modified on 6/9/2009 (Kaminski, H). Modified on 6/14/2010 (Rivas, A). (Entered: 06/08/2009)
2009-06-09RECEIPT number #CAE200017521 $150.00 for Sanctions fbo Christopher A. Sproul by Environmental Advocates on 6/9/2009 [TEXT ONLY] (Reader, L) (Entered: 06/09/2009)
2009-06-09280OPPOSITION by Cordua Irrigation District to 260 Motion for Preliminary Injunction. (Minasian, Paul) (Entered: 06/09/2009)
2009-06-09281DECLARATION of Paul Minasian in SUPPORT of 280 OPPOSITION . (Attachments: # 1 Exhibit 1 , # 2 Exhibit 2, # 3 Exhibit 3)(Minasian, Paul) Modified on 6/10/2009 (Kaminski, H). (Entered: 06/09/2009)
2009-06-10282STIPULATION of Settlement Between Plaintiffs and Defendant Yuba County Water Agency; [Proposed] Order . (Wilkins, Howard) Modified on 6/11/2009 (Kaminski, H). (Entered: 06/10/2009)
2009-06-10283OPPOSITION by Michael J. Walsh, National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren to 260 Motion for Preliminary Injunction. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3- SSRA v. Lohn, # 4 Exhibit 4- FERC Order, # 5 Exhibit 5- Swan View Coal., # 6 Exhibit 6- Protect Our Islands, # 7 Exhibit 7- Cal. Native Plant Soc., # 8 Exhibit 8- Wild Fish Conservancy, # 9 Declaration of Doug Grothe, # 10 Declaration of Bradley H. Oliphant, # 11 Exhibit 1 to Oliphant Decl., # 12 Exhibit 2 to Oliphant Decl., # 13 Exhibit 3 to Oliphant Decl., # 14 Exhibit 4 to Oliphant Decl., # 15 Certificate of Service)(Fite, Lawson) Modified on 6/11/2009 (Kaminski, H). (Entered: 06/10/2009)
2009-06-10284JOINDER by Ramirez Water District in 283 Opposition to Renewed Motion for Preliminary Injunction (Walter, Hanspeter) Modified on 6/11/2009 (Kaminski, H). (Entered: 06/10/2009)
2009-06-11285DECLARATION of Lawson E. Fite in support of 283 Opposition to Motion. (Attachments: # 1 Exhibit A "Expert Propositions", # 2 Certificate of Service)(Fite, Lawson) Modified on 6/11/2009 (Kaminski, H). (Entered: 06/11/2009)
2009-06-11286NOTICE OF FILING / LODGING DOCUMENT IN PAPER by Michael J. Walsh, National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren: Deposition Transcripts Lodged with court pursuant to LR 5-133(j). (Fite, Lawson) (rec'd and routed to file room) Modified on 6/11/2009 (Benson, A.). (Entered: 06/11/2009)
2009-06-11287JOINDER by Dry Creek Mutual Water Company, Brophy Water District, Hallwood Irrigation Company in 283 Opposition to Plaintiffs' Renewed Motion for Preliminary Injunction (Hitchings, Andrew) Modified on 6/11/2009 (Kaminski, H). (Entered: 06/11/2009)
2009-06-12288JOINDER by Cordua Irrigation District in 283 opposition to plaintiff's renewed motion for preliminary injunction. (Cooper, Dustin) Modified on 6/15/2009 (Gaydosh, J). (Entered: 06/12/2009)
2009-06-12289STIPULATION and PROPOSED ORDER Between Plaintiffs And Defendant Yuba County Water Agency; Dismissing Plaintiffs Claims And Relief Against YCWA by Yuba County Water Agency. (Wilkins, Howard) Modified on 6/15/2009 (Gaydosh, J). (Entered: 06/12/2009)
2009-06-15290ORDER signed by Senior Judge Lawrence K. Karlton on 6/12/09 ORDERING that the hearing on Pltfs' 247 Motion for Partial Summary Adjudication and Pltfs' 260 Renewed Motion for Preliminary Injunction are CONTINUED to 8/17/09 at 10:00 AM. This continuance does not alter the briefing schedules in any of the above matters. (Engbretson, K.) (Entered: 06/15/2009)
2009-06-16291ORDER signed by Senior Judge Lawrence K. Karlton on 6/15/2009 GRANTING 289 Restated Stipulation of Settlement; IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the Stipulation of Settlement above, incorporated herein by reference, be and hereby is approved. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that all obligations set forth in the Stipulation of Settlement shall be performed in accordance with the terms of the Stipulation ofSettlement. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Pltfs' claims in their renewed motion for preliminary injunction (Document No. 260) that request any relief relating to the Brophy Diversion or against YCWA are deemed to be withdrawn and will not be considered by the Court. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Pltfs' claims in the Sixth Amended Complaint against Yuba County Water Agency, including the Sixth Cause of Action, and any claims for relief relating to the Brophy Diversion in this action, are dismissed w/prejudice. YCWA will remain in this action as an Intervenor Defendant for all purposes. (Matson, R) (Entered: 06/16/2009)
2009-06-23292RESPONSE to Cordua Irrigation District's Opposition to 260 Plaintiffs' Renewed Motion for Preliminary Injunction by Yuba County Water Agency. (Wilkins, Howard) Modified on 6/23/2009 (Kaminski, H). (Entered: 06/23/2009)
2009-06-23293REPLY by South Yuba River Citizens League, Friends of the River to RESPONSE to 260 MOTION. (Attachments: # 1 Declaration of Brad Cavallo, # 2 Declaration of Brian Orion, # 3 Exh. 1, # 4 Declaration of Christopher Sproul, # 5 Amended Proposed Order)(Orion, Brian) Modified on 6/25/2009 (Kaminski, H). (Entered: 06/23/2009)
2009-06-23294REPLY by South Yuba River Citizens League, Friends of the River to RESPONSE to 260 MOTION. (Orion, Brian) Modified on 6/25/2009 (Kaminski, H). (Entered: 06/23/2009)
2009-07-10295MOTION for SUMMARY JUDGMENT by Michael J. Walsh, National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren. Motion Hearing set for 8/17/2009 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: # 1 Memorandum in Support of Cross-Motion for Summary Judgment and in Opposition to Plaintiffs' Motion, # 2 Exhibit 1- Wash. Envt. Council v. NMFS, # 3 Exhibit 2- Conservation NW, # 4 Exhibit 3- SSRA v. Lohn, # 5 Exhibit 4- FERC, # 6 Exhibit 5- Swan View Coal., # 7 Exhibit 6- Cal. Native Plant Socy., # 8 Exhibit 7- CBD v. Gutierrez, # 9 Statement of Undisputed Facts, # 10 Statement Response to Plaintiffs' Statement of Facts, # 11 Declaration of Chris Yates, # 12 Declaration of Lawson E. Fite, # 13 Exhibit A, # 14 Exhibit B, # 15 Certificate of Service)(Fite, Lawson) (Entered: 07/10/2009)
2009-07-10296OPPOSITION by Yuba County Water Agency to 279 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Statement YCWA's Opposition to Plaintiffs' Statement of Undisputed Facts in Support of Plaintiffs' Motion for Partial Summary Judgment on Claims 3 and 4, # 2 Declaration Declaration of Howard F. Wilkins III in Support of YCWA's Oppositon to Plaintiffs' Statement of Undisputed Facts in Support of Plaintiffs' Motion for PArtial Summary Judgment on Claims 3 and 4, # 3 Exhibit 1 to the Wilkins Declaration, # 4 Exhibit 2 to the Wilkins Declaration)(Wilkins, Howard) (Entered: 07/10/2009)
2009-07-24297REPLY to Federal Defendants' opposition to motion for partial summary judgment and opposition to Federal Defendants' cross motion for summary judgment by South Yuba River Citizens League, Friends of the River to RESPONSE. (Attachments: # 1 Reply Statement of Undisputed Facts, # 2 Weisselberg Reply Declaration, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Certificate of Service)(Orion, Brian) Modified on 7/27/2009 (Gaydosh, J). (Entered: 07/24/2009)
2009-07-24298REPLY to YCWA's opposition to motion for partial summary judgment on claims 3 and 4 by South Yuba River Citizens League, Friends of the River. (Orion, Brian) Modified on 7/27/2009 (Gaydosh, J). (Entered: 07/24/2009)
2009-07-31299MID-LITIGATION STATEMENT of Federal Defendants . (Oliphant, Bradley) Modified on 8/3/2009 (Duong, D). (Entered: 07/31/2009)
2009-07-31300MID-LITIGATION STATEMENT by plts. (Attachments: # 1 Declaration of Brian Orion, # 2 Exhibit 1, # 3 Certificate of Service)(Orion, Brian) Modified on 8/3/2009 (Duong, D). (Entered: 07/31/2009)
2009-08-03301STATEMENT of Joinder in Fed Deft's Mid-Litigation Statement by Intervenor Defendant Cordua Irrigation District re 299 Statement. (Minasian, Paul) (Entered: 08/03/2009)
2009-08-03302STATEMENT of YCWA's Limited Joinder in Federal Defendants' Mid-Litigation Statement by Intervenor Defendant Yuba County Water Agency. (Wilkins, Howard) (Entered: 08/03/2009)
2009-08-07303REPLY by Michael J. Walsh, National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren to RESPONSE to 295 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Declaration of Lisa H. Clay, # 2 Exhibit 1 to Clay Declaration -- Daguerre Inspection Log, 3/14/08-3/13/09, # 3 Declaration of Douglas E. Grothe, # 4 Certificate of Service)(Fite, Lawson) (Entered: 08/07/2009)
2009-08-12304ORDER signed by Senior Judge Lawrence K. Karlton on 8/12/09 ORDERING that the hearing on 247 motion for partial summary adjudication, 260 motion for a preliminary injunction, and 279 , 295 cross motions for summary judgment is CONTINUED to 8/21/2009 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Engbretson, K.) (Entered: 08/12/2009)
2009-08-20305MINUTE ORDER (TEXT ONLY) by CRD. The parties are hereby notified that the hearing on 247 motion for partial summary adjudication, 260 motion for a preliminary injunction, and 279 , 295 cross motions for summary judgment is CONTINUED to 8/26/2009 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Ordered by Senior Judge Lawrence K. Karlton on August 20, 2009. (Rivas, A) (Entered: 08/20/2009)
2009-08-24306NOTICE of CHANGE of ADDRESS to 500 Capitol Mall, Suite 1000 Sacramento, California 95814 by Andrew Morrow Hitchings. (Hitchings, Andrew) Modified on 8/24/2009 (Duong, D). (Entered: 08/24/2009)
2009-08-26307MINUTES (Text Only) for proceedings held before Senior Judge Lawrence K. Karlton: MOTION HEARING held on 8/26/2009 re 247 , 295 , 260 , and 279 . After oral argument, the matter stands submitted. Court order to follow. Plaintiffs Counsel Brian Orion, Patricia Weisselberg, Christopher Sproul present. Defendants Counsel Lawson Fite, Bradley Oliphant, Howard Wilkins, Jennifer Holman, Dustin Cooper, Hanspeter Walter present. Intervenor Counsel Andrew Hitchings. Court Reporter: C. Bodene. (Jones, LeKeshia) Modified on 8/28/2009 (Rivas, A). (Entered: 08/28/2009)
2010-01-19308MINUTE ORDER by Relief CRD M. Narcisse for Senior Judge Lawrence K. Karlton on 1/19/2010. Please be advise that the Pretrial hearing set for 1/25/2010 and the Bench Trial set for 4/13/2010 are VACATED. Final Pretrial Conference reset for 3/29/2010 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Bench Trial reset for 7/7/2010 at 10:30 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Narcisse, M) (Entered: 01/19/2010)
2010-03-18309STIPULATION and PROPOSED ORDER for Resetting Pretrial Conference by Michael J. Walsh, National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren. (Attachments: # 1 Certificate of Service)(Fite, Lawson) (Entered: 03/18/2010)
2010-03-22310STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 3/22/2010 GRANTING 309 Stipulation and Proposed Order; Status Conference set for 3/29/2010 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Matson, R) (Entered: 03/22/2010)
2010-03-25311ORDER signed by Senior Judge Lawrence K. Karlton on 3/25/10 VACATING the status conference presently set for 3/29/10. The court will set a future date, if necessary, once the motions for summary judgment are resolved. (Donati, J) (Entered: 03/25/2010)
2010-06-02312NOTICE of Supplemental Authority by Michael J. Walsh, National Marine Fisheries Service, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Pete Geren re 295 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Green Sturgeon Final 4(d) Rule, # 2 Butte Envtl. Council decision)(Fite, Lawson) (Entered: 06/02/2010)
2010-06-08313ORDER signed by Senior Judge Lawrence K. Karlton on 6/7/10 ORDERING that Pltf's may file, within 14 days, a brief arguing that their ninth claim is not moot. If Pltf's agree that their ninth claim is moot, they are encouraged to submit a filing to that effect. The cross motions otherwise remain under submission and an order will issues once the mootness question is resolved. (Owen, K) (Entered: 06/08/2010)
2010-06-21314RESPONSE by South Yuba River Citizens League, Friends of the River to 313 Order, 312 Notice - Other,. (Weisselberg, Patricia) (Entered: 06/21/2010)
2010-07-02315MINUTE ORDER (TEXT ONLY) by CRD. The parties are hereby notified that the Bench Trial scheduled for 07/07/2010 is VACATED. Ordered by Senior Judge Lawrence K. Karlton on July 2, 2010. (Rivas, A) (Entered: 07/02/2010)
2010-07-08316ORDER signed by Senior Judge Lawrence K. Karlton on 7/8/2010; ORDERING Plaintiffs' motion for partial summary adjudication as to standing (Dkt. No. 247) is DENIED AS MOOT. Plaintiffs' motion for summary judgment as to liability (Dkt. No. 279) is GRANTED IN PART AND DENIED IN PART. Federal Defendants' motion for summary judgment as to liability (Dkt. No. 295) is GRANTED IN PART AND DENIED IN PART. The court GRANTS summary judgment to plaintiffs as to the question of liability on plaintiffs' third claim. NMFS acted arbitrarily and capriciously in reaching the BiOp's no-jeopardy and no adverse modification conclusions, and in issuing the ITS. Federal Defendants' cross motion is denied on this issue. The court GRANTS summary judgment to Federal Defendants as to liability on plaintiffs' claim 4A. Plaintiffs' cross motion is denied on this issue. It appears that a disputed question of material fact remains as to plaintiffs' claim 4B, alleging that the Corps violated the terms and conditions of the ITS. Federal Defendants' motion for summary judgment is therefore DENIED as to this claim. Plaintiffs did not seek summary judgment on this issue. Plaintiffs SHALL file a supplemental brief no later than July 23, 2010. This brief shall address a. Whether claim 4B, if successful, would entitle plaintiffs to any remedy beyond that available under claim 3. b. Whether the particular terms of the preliminary injunction requested by plaintiffs are presently necessary to avoid irreparable injury, in light of Monsanto Co., ___ U.S. ___, 2010 WL 2471057, 2010 U.S. LEXIS 4980. Federal Defendants SHALL file an opposition to the above no later than August 6, 2010. The intervenor defendants MAY file concurrent opposition briefs. Plaintiffs MAY file a reply no later than August 13, 2010. This is not a final order as to all claims and all parties for purposes of Fed. R. Civ. P. 54(b). If a party should file an appeal from this non-appealable order, this court is not divested of jurisdiction. Estate of Conners v. OConnor, 6 F.3d 656, 658 (9th Cir. 1993); United States v. Garner, 663 F.2d 834, 838 (9th Cir. 1981).(Matson, R) (Entered: 07/08/2010)
2010-07-23317POST-SUMMARY JUDGMENT SUPPLEMENTAL BRIEF by Friends of the River, South Yuba River Citizens League. (Attachments: # 1 Declaration of Brad Cavallo, # 2 Declaration of Patricia Weisselberg, # 3 Proposed Order)(Orion, Brian) Modified on 7/26/2010 (Benson, A.). (Entered: 07/23/2010)
2010-07-23318DECLARATION of Gary Reedy re 317 Brief,. (Attachments: # 1 Exhibit A, # 2 Exhibit B part 1 of 4, # 3 Exhibit B part 2 of 4, # 4 Exhibit B part 3 of 4, # 5 Exhibit B part 4 of 4)(Orion, Brian) (Entered: 07/23/2010)
2010-08-05319STIPULATION and PROPOSED ORDER for Referral for Settlement Conference by Friends of the River, South Yuba River Citizens League. (Attachments: # 1 Certificate of service)(Weisselberg, Patricia) (Entered: 08/05/2010)
2010-08-06320STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 8/6/10: The clerk of the court is directed to select a judge from the list used for post-pretrial settlement conferences. District Judge John A. Mendez is assigned for post-pretrial settlement conference.(Kaminski, H) (Entered: 08/06/2010)
2010-08-06321RESPONSE by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh to 317 Brief,. (Attachments: # 1 Declaration of Howard Brown, # 2 Declaration of Brian Ellrott, # 3 Declaration of Randy Olsen, # 4 Declaration of Mitchell Stewart, # 5 Declaration of Douglas Grothe, # 6 Exhibit 1 to Grothe Declaration, # 7 Declaration of Lawson E. Fite, # 8 Exhibit A- Defs. of Wildlife v. Salazar, # 9 Exhibit B- Tri-State Water Rights, # 10 Exhibit C- Wild Fish Conservancy, # 11 Certificate of Service)(Fite, Lawson) (Entered: 08/06/2010)
2010-08-06322RESPONSE by Brophy Water District, Dry Creek Mutual Water Company, Hallwood Irrigation Company, Ramirez Water District to 317 Brief,. Attorney Hitchings, Andrew Morrow added. (Attachments: # 1 Declaration Declaration of John J. Gilbert, # 2 Declaration Declaration of Al Lassaga, # 3 Declaration Declaration of Jim Vantress, # 4 Declaration Declaration of Mike Filice, # 5 Declaration Declaration of Steve Maxey, # 6 Declaration Declaration of Steve Springer, # 7 Declaration Declaration of Walter Cotter, # 8 Declaration Declaration of Keith Davis)(Hitchings, Andrew) (Entered: 08/06/2010)
2010-08-06323OPPOSITION by Yuba County Water Agency to 260 Motion for Preliminary Injunction. (Attachments: # 1 Declaration Declaration of Howard F. Wilkins III in Support of Yuba County Water Agencys Opposition to Plaintiffs Post-Summary Judgment Supplemental Brief, # 2 Declaration Declaration of Curt Aikens in Support of Yuba County Water Agencys Opposition to Plaintiffs Post-Summary Judgment Supplemental Brief)(Wilkins, Howard) (Entered: 08/06/2010)
2010-08-06324EXHIBIT re 260 Motion for Preliminary Injunction filed by Friends of the River, South Yuba River Citizens League. (Attachments: # 1 Exhibit A to Howard F Wilkins Declaration in Support of Yuba County Water Agencys Opposition to Plaintiffs Post-Summary Judgment Supplemental Brief, # 2 Exhibit B to Howard F Wilkins Declaration in Support of Yuba County Water Agencys Opposition to Plaintiffs Post-Summary Judgment Supplemental Brief, # 3 Exhibit A to Curt Aikens Declaration A to Howard F Wilkins Declaration in Support of Yuba County Water Agencys Opposition to Plaintiffs Post-Summary Judgment Supplemental Brief, # 4 Exhibit B to Curt Aikens Declaration A to Howard F Wilkins Declaration in Support of Yuba County Water Agencys Opposition to Plaintiffs Post-Summary Judgment Supplemental Brief)(Wilkins, Howard) Modified on 8/12/2010 (Carlos, K). (Entered: 08/06/2010)
2010-08-13325SUPPLEMENTAL BRIEF IN REPLY by Friends of the River, South Yuba River Citizens League, to Federal defendants' Supplemental Brief, re 317 Brief. (Attachments: # 1 Declaration of Gary Reedy, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Declaration of Jason Rainey)(Orion, Brian) Modified on 8/16/2010 (Reader, L). (Entered: 08/13/2010)
2010-08-13326SUPPLEMENTAL BRIEF IN REPLY by Friends of the River, South Yuba River Citizens League, to Yuba County Water Agency's Oppositions to Post-Summary Judgment Supplemental Brief, re 317 Brief. (Orion, Brian) Modified on 8/16/2010 (Reader, L). (Entered: 08/13/2010)
2010-08-16328JOINDER by Cordua Irrigation District in re 260 Motion for Preliminary Injunction filed by Friends of the River, South Yuba River Citizens League. Joinder in Opposition filed by Intervenors Dry Creek Mutual, et al Document No. 322 (Cooper, Dustin) (Entered: 08/16/2010)
2010-08-17329MINUTE ORDER by Relief CRD Judy Streeter for Senior Judge Lawrence K. Karlton on 08/17/2010: Pursuant to 320 Order, Magistrate Judge Gregory G. Hollows was randomly drawn as the settlement conference judge. The SETTLEMENT CONFERENCE is set for 9/22/2010 at 09:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. Confidential Settlement Conference Statements are due, from each party, 7 days prior to the conference. (Streeter, J) (Entered: 08/17/2010)
2010-08-20330SUPPLEMENTAL REPLY BRIEF ERRATE. (Attachments: # 1 Plaintiffs' Post-Summary Judgment Reply Supplemental Brief (corrected))(Weisselberg, Patricia) Modified on 8/26/2010 (Carlos, K). (Entered: 08/20/2010)
2010-09-15331NOTICE of Submission of Confidential Settlement Conference Statement by Brophy Water District, Dry Creek Mutual Water Company, Hallwood Irrigation Company. (Hitchings, Andrew) Modified on 9/21/2010 (Zignago, K.). (Entered: 09/15/2010)
2010-09-15332NOTICE of Submission of Confidential Settlement Statement by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh. (Fite, Lawson) (Entered: 09/15/2010)
2010-09-15333NOTICE of Filing Confidential Settlement Statement by Cordua Irrigation District. (Cooper, Dustin) Modified on 9/21/2010 (Zignago, K.). (Entered: 09/15/2010)
2010-09-15334NOTICE of Submission of Confidential Settlement Conference Statement by Ramirez Water District. (Walter, Hanspeter) Modified on 9/21/2010 (Zignago, K.). (Entered: 09/15/2010)
2010-09-15335NOTICE of Lodging Submittal of Confidential Settlement Conference Statement by Yuba County Water Agency. (Wilkins, Howard) (Entered: 09/15/2010)
2010-09-15336NOTICE of Filing of Confidential Mediation Statement by Friends of the River, South Yuba River Citizens League. (Orion, Brian) (Entered: 09/15/2010)
2010-09-22337MINUTE ORDER: re 329 Minute Order, Set/Reset Deadlines and Hearings. The court and counsel met for eight hours and could not settle the matter therefore the parties agree to continue the Settlement Conference to Friday, October 1, 2010 @ 9:00 a.m. (Callen, V) (Entered: 09/22/2010)
2010-10-27338ORDER signed by Senior Judge Lawrence K. Karlton on 10/26/2010 ORDERING parties to submit status reports within 14 days. (Zignago, K.) (Entered: 10/27/2010)
2010-10-28339STATUS REPORT by Friends of the River, South Yuba River Citizens League. (Orion, Brian) (Entered: 10/28/2010)
2010-11-02340ORDER signed by Senior Judge Lawrence K. Karlton on 11/1/10: HEARING as to 260 Motion for Preliminary Injunction set for 11/22/2010 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Kaminski, H) (Entered: 11/02/2010)
2010-11-10341JOINT STATUS REPORT by Yuba County Water Agency. (Wilkins, Howard) (Entered: 11/10/2010)
2010-11-10342STATUS REPORT by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh. (Attachments: # 1 Declaration of Randy P. Olsen, # 2 Declaration of Douglas E. Grothe, # 3 Exhibit 1- Daguerre Inspection Logs, # 4 Certificate of Service)(Fite, Lawson) (Entered: 11/10/2010)
2010-11-16343ORDER signed by Senior Judge Lawrence K. Karlton on 11/16/10 ORDERING that the 260 Motion for Preliminary Injunction is DENIED without prejudice. The 11/22/10 hearing on pltf's motion is vacated. Pltf's Claim 4B is DISMISSED without prejudice as prudentially moot. A Status Conference is set for 11/22/2010 at 03:00 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Interested parties shall submit status reports of no more than 5 pages by 11/18/10 at 12:00 PM. (Owen, K) (Entered: 11/16/2010)
2010-11-18344JOINT STATUS REPORT by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh. (Attachments: # 1 Certificate of Service)(Fite, Lawson) (Entered: 11/18/2010)
2010-11-22345STIPULATION and PROPOSED ORDER for Final Remedies Phase by Yuba County Water Agency. (Wilkins, Howard) (Entered: 11/22/2010)
2010-11-22346MINUTES (Text Only) for proceedings held before Senior Judge Lawrence K. Karlton: SCHEDULING CONFERENCE held on 11/22/2010. The Court will approve the parties' proposed stipulation re final remedies phase. Minute order will be issued setting forth the briefing schedule as set in the status report. Plaintiffs Counsel Christopher Sproul, Brian Orion, Patricia Weisselberg present. Defendants Counsel Joe Carpenter, Hanspeter Walter, Lawson Fite, Dustin Cooper, Howard F. Wilkins, III, Yoshinori Himel present. (Rivas, A) (Entered: 11/23/2010)
2010-11-23347MINUTE ORDER (TEXT ONLY) by CRD. The briefing schedule for remedial proceedings in this action is set as follows: Plaintiffs' brief on remedy is due by 12/06/2010, Federal Defendants' and Defendant-Intevernors' responses due by 01/10/2011, Plaintiffs' replies due by 01/21/2011; Motion Hearing set for 2/22/2011 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Ordered by Senior Judge Lawrence K. Karlton on November 22, 2010. (Rivas, A) Modified on 11/23/2010 (Rivas, A). (Entered: 11/23/2010)
2010-11-23348STIPULATION and ORDER on FINAL REMEDIES PHASE signed by Senior Judge Lawrence K. Karlton on 11/23/2010 re 345 ORDERING that all parties shall refrain from propounding discovery during the final injunctive relief phase of this case. The parties shall not be required to designate experts or provide reports to use expert testimony relating to the injunctive relief sought during the final remedies phase of this case, as generally required by Rule 26 of the Federal Rules of Civil Procedure. Injunctive relief in this matter, if warranted, shall be limited to the injunctive relief measures requested in Plaintiffs' 317 proposed order filed with their supplemental briefing. The Biological Opinion and Incidental Take Statement at issue in the case will not be vacated and shall remain in place during any remand period. Nothing in this order precludes Plaintiffs from seeking to recover attorneys' fees and costs at a later date. (Duong, D) (Entered: 11/23/2010)
2010-11-23349CLERK'S NOTICE of DOCKET CORRECTION re 347 Minute Order. The parties are notified that the minutes will be corrected to reflect that Plaintiffs' brief on remedy is due on 12/06/2010. (Rivas, A) (Entered: 11/23/2010)
2010-12-06350DECLARATION of Patricia Weisselberg. (Attachments: # 1 Exhibit 1)(Weisselberg, Patricia) (Entered: 12/06/2010)
2010-12-06351DECLARATION of Gary Reedy. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Weisselberg, Patricia) (Entered: 12/06/2010)
2010-12-06352EXHIBIT C Part 1 by South Yuba River Citizens League re 351 Declaration. (Weisselberg, Patricia) (Entered: 12/06/2010)
2010-12-06353EXHIBIT C Part 2 by South Yuba River Citizens League re 351 Declaration. (Weisselberg, Patricia) (Entered: 12/06/2010)
2010-12-06354EXHIBIT C Part 3 by South Yuba River Citizens League re 351 Declaration. (Weisselberg, Patricia) (Entered: 12/06/2010)
2010-12-06355EXHIBIT D Part 1 by South Yuba River Citizens League re 351 Declaration. (Weisselberg, Patricia) (Entered: 12/06/2010)
2010-12-06356EXHIBIT D Part 2 by South Yuba River Citizens League re 351 Declaration. (Weisselberg, Patricia) (Entered: 12/06/2010)
2010-12-06357EXHIBIT D Part 3 by South Yuba River Citizens League re 351 Declaration. (Weisselberg, Patricia) (Entered: 12/06/2010)
2010-12-06358EXHIBIT E by South Yuba River Citizens League re 351 Declaration. (Weisselberg, Patricia) (Entered: 12/06/2010)
2010-12-06359EXHIBIT F, G, H Part 1 by South Yuba River Citizens League re 351 Declaration. (Attachments: # 1 Exhibit G, # 2 Exhibit H Part 1)(Weisselberg, Patricia) (Entered: 12/06/2010)
2010-12-06360EXHIBIT H Part 2 by South Yuba River Citizens League re 351 Declaration. (Weisselberg, Patricia) (Entered: 12/06/2010)
2010-12-06361EXHIBIT H Part 3, I, J, K,L by South Yuba River Citizens League re 351 Declaration. (Attachments: # 1 Exhibit I, # 2 Exhibit J, # 3 Exhibit K, # 4 Exhibit L)(Weisselberg, Patricia) (Entered: 12/06/2010)
2010-12-06362EXHIBIT M, N by South Yuba River Citizens League re 351 Declaration. (Attachments: # 1 Exhibit N)(Weisselberg, Patricia) (Entered: 12/06/2010)
2010-12-06363FINAL REMEDY BRIEF by Friends of the River, South Yuba River Citizens League. Motion Hearing set for 2/22/2011 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: # 1 Proposed Order, # 2 Declaration of Brad Cavallo, # 3 Exhibit A.)(Orion, Brian) Modified on 1/12/2011 (Reader, L). (Entered: 12/06/2010)
2010-12-06364DECLARATION of Christina Swanson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Orion, Brian) (Entered: 12/06/2010)
2010-12-06365EXHIBIT O,P, Q by South Yuba River Citizens League re 318 Declaration. (Attachments: # 1 Exhibit P, # 2 Exhibit Q)(Weisselberg, Patricia) (Entered: 12/06/2010)
2010-12-07366EXHIBIT R Part 1 by South Yuba River Citizens League re 263 Declaration. (Weisselberg, Patricia) (Entered: 12/07/2010)
2010-12-07367EXHIBIT R Part 2 by South Yuba River Citizens League re 351 Declaration. (Weisselberg, Patricia) (Entered: 12/07/2010)
2010-12-07368EXHIBIT R Part 3 by South Yuba River Citizens League re 351 Declaration. (Weisselberg, Patricia) (Entered: 12/07/2010)
2010-12-07369EXHIBIT R Part 4 by South Yuba River Citizens League re 351 Declaration. (Weisselberg, Patricia) (Entered: 12/07/2010)
2011-01-10370RESPONSE to Plaintiffs' Final Remedy Brief 363 by Yuba County Water Agency. (Wilkins, Howard) Modified on 1/12/2011 (Reader, L). (Entered: 01/10/2011)
2011-01-10371JOINDER by Ramirez Water District to Yuba County Water Agency's Response to Plaintiffs' Final Remedy Brief 370 (Walter, Hanspeter) Modified on 1/12/2011 (Reader, L). (Entered: 01/10/2011)
2011-01-10372OPPOSITION by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh to 363 Plaintiffs Final Remedy Brief. (Attachments: # 1 Declaration of Howard Brown, # 2 Declaration of Gary Sprague, # 3 Declaration of Randy Olsen, # 4 Declaration of Douglas E. Grothe, # 5 Exhibit 1- Appendix H from Gravel EA, # 6 Exhibit 2- Daguerre Logs, # 7 Exhibit 3- Fish Passage Data, # 8 Certificate of Service)(Fite, Lawson) Modified on 1/12/2011 (Reader, L). (Entered: 01/10/2011)
2011-01-10373JOINDER by Brophy Water District, Dry Creek Mutual Water Company, Hallwood Irrigation Company in. Yuba County Water Agency's Response to Plaintiff's Final Remedy Brief 370 (Hitchings, Andrew) Modified on 1/12/2011 (Reader, L). (Entered: 01/10/2011)
2011-01-11374JOINDER by Cordua Irrigation District, in Yuba County Water Agency's Response to Plaintiffs' Final Remedy Brief. 370 re 363 Plaintiffs Final Remedy Brief. (Cooper, Dustin) Modified on 1/12/2011 (Reader, L). (Entered: 01/11/2011)
2011-01-21375REPLY DECLARATION of Brad Cavallo in support of 363 Plts' Request for Final Remedy. (Sproul, Christopher) Modified on 1/24/2011 (Duong, D). (Entered: 01/21/2011)
2011-01-21376REPLY DECLARATION of Gary Reedy in support of 363 plts' Request for Final Remedy. (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, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Weisselberg, Patricia) Modified on 1/24/2011 (Duong, D). (Entered: 01/21/2011)
2011-01-21377REPLY to dfts' 372 Opposition to plts' 363 Request for Final Remedy. (Attachments: # 1 Declaration of Brad Cavallo, # 2 Declaration of Jason Rainey, # 3 Declaration of Christina Swanson)(Weisselberg, Patricia) Modified on 1/24/2011 (Duong, D). Modified on 1/25/2011 (Benson, A.). (Entered: 01/21/2011)
2011-01-21378DECLARATION of Patricia Weisselberg in SUPPORT OF 363 Plts' Request for Final Remedy . (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)(Weisselberg, Patricia) Modified on 1/24/2011 (Duong, D). (Entered: 01/21/2011)
2011-01-24379NOTICE OF ERRATA re 375 Reply by Friends of the River, South Yuba River Citizens League. (Attachments: # 1 Corrected Plaintiffs' Reply)(Orion, Brian) Modified on 1/25/2011 (Benson, A.). (Entered: 01/24/2011)
2011-02-07380MOTION to STRIKE and/or Exclude Evidence by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh. Motion Hearing set for 3/14/2011 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: # 1 Points and Authorities, # 2 Declaration of Douglas E. Grothe, # 3 Exhibit 1-- Fish Ladder Cleaning Documentation, # 4 Exhibit 2-- Preliminary Report on Gravel Injection, # 5 Exhibit 3-- Contract for Biological Assessment, # 6 Exhibit 4-- Water Quality Report on Gravel Augmentation, # 7 Certificate of Service)(Fite, Lawson) (Entered: 02/07/2011)
2011-02-09381STIPULATION and PROPOSED ORDER for Shortening Time re 380 MOTION to STRIKE and/or Exclude Evidence by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh. (Attachments: # 1 Certificate of Service)(Fite, Lawson) (Entered: 02/09/2011)
2011-02-09382Motion for Leave to File Amicus Curiae Brief of State Water Contractors, Inc. by State Water Contractor, Inc. Attorney Berliner, Thomas M. added. (Berliner, Thomas) Modified on 2/14/2011 (Duong, D). (Entered: 02/09/2011)
2011-02-09383PROPOSED ORDER Granting 382 Motion for Leave to File Amicus Brief of State Water Contractors, Inc. (Berliner, Thomas) Modified on 2/14/2011 (Duong, D). (Entered: 02/09/2011)
2011-02-09384AMICUS CURIAE of the State Water Contractors, Inc. by State Water Contractor, Inc.. (Attachments: # 1 Exhibit A (Part 1 of 2), # 2 Exhibit A (Part 2 of 2), # 3 Exhibit B (Part 1 of 2), # 4 Exhibit B (Part 2 of 2))(Berliner, Thomas) Modified on 2/10/2011 (Carlos, K). (Entered: 02/09/2011)
2011-02-10385STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 02/09/11. 380 Motion to Strike Hearing shortened to 2/22/2011 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Plaintiffs opposition to the motion to strike shall be filed no later than February 14,2011. Federal Defendants reply shall be filed no later than February 18, 2011.(Williams, D) Modified on 2/11/2011 (Williams, D). (Entered: 02/10/2011)
2011-02-11386RESPONSE to 382 Motion for Leave to file Amicus Brief by plaintiff Friends of the River. (Attachments: # 1 Certificate of Service) (Sproul, Christopher) Modified on 2/11/2011 (Marciel, M). (Entered: 02/11/2011)
2011-02-11387[DISREGARD - DUPLICATE OF 386 DOCUMENT] RESPONSE by South Yuba River Citizens League . (Weisselberg, Patricia) Modified on 2/11/2011 (Marciel, M). (Entered: 02/11/2011)
2011-02-14388MOTION to Deny Measures 7 and 8 re 363 FINAL REMEDY BRIEF by Pacific Gas and Electric Company. Attorney Abrams, Jennifer Sharon added. Motion Hearing set for 2/22/2011 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: # 1 Declaration of Liv K. Imset, # 2 Exhibit A, # 3 Exhibit A, Part 2, # 4 Exhibit B, # 5 Proposed Order, # 6 Proof of Service)(Abrams, Jennifer) Modified on 2/15/2011 (Duong, D). (Entered: 02/14/2011)
2011-02-14389OPPOSITION by Friends of the River, South Yuba River Citizens League to 380 MOTION to STRIKE and/or Exclude Evidence . (Attachments: # 1 Declaration of Brian Orion # 2 Exhibit 1)(Orion, Brian) Modified on 2/15/2011 (Duong, D). (Entered: 02/14/2011)
2011-02-17390ORDER signed by Senior Judge Lawrence K. Karlton on February 17, 2011. The hearing currently set for 02/22/2011 is CONTINUED TO 3/7/2011 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. State Water Contractors' Motion for leave to file Amicus Curiae Brief, 382 is GRANTED. Pacific Gas and Electric Companys motion for leave to file an amicus curiae brief 388 is GRANTED. The deadline for filing any further amicus briefs is February 22, 2011. The deadline for filing any responses to amicus briefs is February 28, 2011. (Rivas, A) (Entered: 02/17/2011)
2011-02-17391REPLY by Federal Defendants to 389 RESPONSE to 380 MOTION to STRIKE and/or Exclude Evidence. (Fite, Lawson) Modified on 2/18/2011 (Duong, D). (Entered: 02/17/2011)
2011-02-22392MOTION for leave to file Amicus Curiae Brief, Memorandum, proposed order and Amicus Curiae Brief by American Rivers, Inc. Attorney Roos-Collins, Richard added. Motion Hearing set for 3/7/2011 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Roos-Collins, Richard) Modified on 2/24/2011 (Becknal, R). (Entered: 02/22/2011)
2011-02-28393RESPONSE by Friends of the River, South Yuba River Citizens League to 384 Amicus Curiae Briefs. (Attachments: # 1 Declaration of Brian Orion, # 2 Exhibit 1)(Orion, Brian) Modified on 3/10/2011 (Zignago, K.). (Entered: 02/28/2011)
2011-03-03394NOTICE of Supplemental Authority by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh re 372 Opposition to Motion,,. (Attachments: # 1 Supplement Center for Food Safety v. Vilsack)(Fite, Lawson) (Entered: 03/03/2011)
2011-03-07395MINUTES (Text Only) for proceedings held before Senior Judge Lawrence K. Karlton: MOTION HEARING held on 3/7/2011 re 363 FINAL REMEDY BRIEF filed by Friends of the River, South Yuba River Citizens League, 380 MOTION to STRIKE and/or Exclude Evidence filed by Michael J. Walsh, U.S. Army Corps of Engineers, Carlos M. Gutierrez, Rodney McInnis, Pete Geren, National Marine Fisheries Service. After oral arguments, the motion stands SUBMITTED. Court order to follow. Plaintiffs' Counsel Brian Orion, Christopher Sproul, Patricia Weisselberg. Defendants' Counsel Lawson Fite present. Defendant-Intervenor's Counsel: Joseph Carpenter, Dustin Cooper, Howard Wilkins, III. Amicus Counsel: Jennifer Abrams, Richard Roos-Coolins, Thomas Berliner. Court Reporter: C. Bodene. (Rivas, A) (Entered: 03/07/2011)
2011-04-27396TRANSCRIPT of Proceedings held on March 7th, 2011, before Senior Judge Lawrence K. Karlton, filed by Court Reporter Cathie Bodene, Phone number 916-446-6360 E-mail cbodene@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter Cathie Bodene or PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 5/19/2011. Redacted Transcript Deadline set for 5/31/2011. Release of Transcript Restriction set for 7/28/2011. (Bodene, C) (Entered: 04/27/2011)
2011-04-28397REQUEST for Ruling, Final Interim Remedy by Friends of the River. (Sproul, Christopher) (Entered: 04/28/2011)
2011-04-29398ORDER signed by Senior Judge Lawrence K. Karlton on 4/28/11, ORDERING this matter REMANDED to National Marine and Fisheries Services to prepare a new BiOp consistent with this court's 7/8/10 Order 316 . The new BiOp SHALL be completed by 11/12/11. (Kastilahn, A) (Entered: 04/29/2011)
2011-04-29399MINUTE ORDER (TEXT ONLY) by CRD re 398 Order. The Court Order dated 04/29/2011, 398 is amended at page 9, line 16, item 2 of the conclusion to read: The new BiOp SHALL be completed by December 12, 2011. Ordered by Senior Judge Lawrence K. Karlton on April 29, 2011. (Rivas, A) (Entered: 04/29/2011)
2011-05-25400NOTICE of Change of Name of Law Firm by Cordua Irrigation District. (Cooper, Dustin) (Entered: 05/25/2011)
2011-07-13401REQUEST for ruling, Final Interim Remedy by South Yuba River Citizens League. (Weisselberg, Patricia) (Entered: 07/13/2011)
2011-07-26402ORDER signed by Senior Judge Lawrence K. Karlton on 7/25/11 ORDERING that Plaitiffs' MOTION for Final Remedies 363 is GRANTED in part and DENIED in part; Defendants MAY move for relief from Judgment upon a showing that they have complied with this Court's remand order 398 . Defendants' MOTION to STRIKE and/or Exclude Evidence 380 is DENIED. American Rivers, Inc.'s unopposed MOTION for Leave to File an Amicus Brief 392 is GRANTED. (Mena-Sanchez, L) (Entered: 07/26/2011)
2011-07-27403MINUTE ORDER (TEXT ONLY) by CRD. The court order dated July 26, 2011, ECF No. 402 , is amended at page 45, line 3-6 to read: The Corps SHALL provide its plan for review and comment to the California Department of Fish and Game, NMFS, and to plaintiffs within eight (8) weeks of the issuance of this order. Approved by Senior Judge Lawrence K. Karlton on July 27, 2011. (Rivas, A) (Entered: 07/27/2011)
2011-08-02404[DISREGARD - ISSUED IN ERROR - WRONG CASE] JUDGMENT dated *08/02/11* pursuant to order signed by District Judge Kimberly J. Mueller on 08/01/11. (Benson, A.) Modified on 8/2/2011 (Benson, A.). (Entered: 08/02/2011)
2011-08-02405CLERK'S NOTICE of DOCKET CORRECTION: DISREGARD 404 Judgment; issued in error; wrong case. (Benson, A.) (Entered: 08/02/2011)
2011-08-09406BILL of COSTS SUBMITTED by Friends of the River, South Yuba River Citizens League. (Attachments: # 1 Memorandum of Costs, # 2 Declaration of Christopher Sproul, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8)(Orion, Brian) (Entered: 08/09/2011)
2011-08-19407MOTION for ATTORNEYS' FEES and COSTS by plaintiffs. Motion Hearing set for 9/26/2011 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Christopher Sproul, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Declaration of Brian Orion, # 14 Exhibit 1, # 15 Exhibit 2, # 16 Exhibit 3, # 17 Exhibit 4, # 18 Exhibit 5, # 19 Declaration of Jason Rainey, # 20 Declaration of Steve Evans, # 21 Declaration of Keith Wagner, # 22 Declaration of Donald Mooney, # 23 Exhibit A) (Orion, Brian) Modified on 8/22/2011 (Marciel, M). (Entered: 08/19/2011)
2011-08-23408MOTION for RECONSIDERATION for 402 Order granting and denying Motions by federal defendants. Motion Hearing set for 9/26/2011 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: # 1 Declaration of Douglas E. Grothe and Exhibits 1 - 3, # 2 Declaration of Brian M. Mulvey and Exhibit 1) (Oliphant, Bradley) Modified on 8/24/2011 (Marciel, M). (Entered: 08/23/2011)
2011-08-26409NOTICE OF MOTION for RECONSIDERATION re 408 Motion for Reconsideration of 402 Order granting and denying Motions by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh. Motion Hearing set for 9/26/2011 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Oliphant, Bradley) Modified on 8/31/2011 (Reader, L). (Entered: 08/26/2011)
2011-08-26410NOTICE OF ERRATA Amending Declarations by Friends of the River, South Yuba River Citizens League: re 407 Motion for Attorneys' Fees and Costs. (Attachments: # 1 Amended Christopher Sproul Declaration, # 2 Amended Donald Mooney Declaration)(Orion, Brian) Modified on 8/31/2011 (Reader, L). (Entered: 08/26/2011)
2011-09-09411STIPULATION and PROPOSED ORDER for Amendment of Court's July 26, 2011 Order (re Fish Ladders) re 402 Order on Motion for Permanent Injunction,, Order on Motion to Strike,, Order on Motion for Miscellaneous Relief, by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh. (Oliphant, Bradley) (Entered: 09/09/2011)
2011-09-12412OPPOSITION by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh to 407 Motion for Attorneys' Fees and Costs. (Attachments: # 1 Declaration Of Howard F.Wilkins III)(Oliphant, Bradley) (Entered: 09/12/2011)
2011-09-12413OPPOSITION by Cordua Irrigation District to 407 Motion for Attorneys' Fees and Costs. (Cooper, Dustin) (Entered: 09/12/2011)
2011-09-12414OPPOSITION by South Yuba River Citizens League to 408 Motion for Reconsideration of 402 Order granting and denying MotionsMotion for Reconsideration of 402 Order granting and denying Motions. (Attachments: # 1 Declaration of Brian Orion, # 2 Exhibit A, # 3 Declaration of Brad Cavallo, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5)(Weisselberg, Patricia) (Entered: 09/12/2011)
2011-09-13415STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 9/12/11. The grating measure (Interim Measure 5) of the Order re interim measures, 402 at 44, is amended to remove the obligation to install grates over the lower 8 bays of the south fish ladder at Daguerre Point Dam and allow completion of grate installation by September 14, 2011. (Mena-Sanchez, L) (Entered: 09/13/2011)
2011-09-19416REPLY by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, and Michael J. Walsh in Support of 408 Motion for Reconsideration of 402 Order granting and denying Motion. (Oliphant, Bradley) Modified on 9/22/2011 (Kastilahn, A). (Entered: 09/19/2011)
2011-09-19417REPLY by Friends of the River re 413 Opposition to Motion. (Sproul, Christopher) (Entered: 09/19/2011)
2011-09-19418REPLY by Friends of the River, South Yuba River Citizens League re 412 Opposition to Motion,. (Weisselberg, Patricia) (Entered: 09/19/2011)
2011-09-19419DECLARATION of Christopher Sproul in SUPPORT OF 407 Motion for Attorneys' Fees and Costs. (Attachments: # 1 Ex. 1, # 2 Ex. 2, # 3 Ex. 3, # 4 Ex. 4, # 5 Ex. 5, # 6 Ex. 6, # 7 Ex. 7, # 8 Ex. 8, # 9 Ex. 9)(Weisselberg, Patricia) (Entered: 09/19/2011)
2011-09-19420DECLARATION of Donald Mooney in SUPPORT OF 407 Motion for Attorneys' Fees and Costs. (Weisselberg, Patricia) (Entered: 09/19/2011)
2011-09-19421DECLARATION of Gary Reedy in SUPPORT OF 407 Motion for Attorneys' Fees and Costs. (Weisselberg, Patricia) (Entered: 09/19/2011)
2011-09-21422WITHDRAWAL of 408 Motion for Reconsideration of 402 Order granting and denying MotionsMotion for Reconsideration of 402 Order granting and denying Motions by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh. (Oliphant, Bradley) (Entered: 09/21/2011)
2011-09-22423OBJECTIONS by Defendants Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh to 419 Declaration,. (Oliphant, Bradley) (Entered: 09/22/2011)
2011-09-23424RESPONSE by Friends of the River, South Yuba River Citizens League to 423 Objections. (Orion, Brian) (Entered: 09/23/2011)
2011-09-26425MINUTES (Text Only) for proceedings held before Judge Lawrence K. Karlton: MOTION HEARING held on 9/26/2011 re 407 Motion for Attorneys' Fees and Costs filed by Friends of the River, South Yuba River Citizens League. Intervenor Cordua Irrigation District is granted 10 days to file a response to Plaintiffs' reply. Plaintiffs are ordered to provide Federal Defendants, within 2 weeks, with the data in excel format. Federal Defendants are granted 2 week thereafter to file additional material regarding plaintiff's proposed bill. The matter will thereafter stand SUBMITTED. Plaintiffs Counsel Christopher Sproul, Brian Orion, present. Defendants Counsel Bradley Oliphant, Dustin Cooper present. Court Reporter: D. Shepard. (Rivas, A) (Entered: 09/26/2011)
2011-09-28426ORDER signed by Judge Lawrence K. Karlton on 9/27/11: Plaintiffs SHALL, within fourteen (14) days of the issuance of this order, submit to defendant a searchable electronic copy of the billing records for plaintiffs' attorneys who have billed time on this case. Within fourteen (14) days of receiving the records from plaintiffs, the federal defendants SHALL file with the court a supplemental brief. Intevenor Cordua Irrigation District is GRANTED fourteen (14) days from the issuance of this order to file a supplemental brief. (Kaminski, H) (Entered: 09/28/2011)
2011-10-11427STIPULATION and PROPOSED ORDER re: 407 Plaintiff's Motion for Attorneys' Fees & Costs against Cordua Irrigation District, by Cordua Irrigation District. (Cooper, Dustin) Modified on 10/12/2011 (Kastilahn, A). (Entered: 10/11/2011)
2011-10-13428STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 10/13/11 ORDERING that plfs' claims against Cordua Irrigation District in their 407 Motion for Attorneys Fees and Costs and the 417 Reply brief are deemed WITHDRAWN and will not be considered by the Court. (Benson, A.) (Entered: 10/13/2011)
2011-10-13429SUPPLEMENT by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh re 426 Order. (Attachments: # 1 Attachment 1: Plaintiffs' Timesheets With Objectionable Entries Highlighted, # 2 Attachment 2: List of Entries For Time Spent For Work Necessitated By Intervenors Or Amicus, # 3 Attachment 3: List of Entries For Time That Is Block-Billed Or Insufficiently Described, # 4 Attachment 4: List of Entries For Time Spent On Tasks Not Sufficiently Connected With Litigation, # 5 Attachment 5: List of Entries For Time Spent On Clerical Tasks Included In Timesheets, # 6 Attachment 6: List of Entries For Time Spent On Duplicative Travel, # 7 Attachment 7: List of Entries For Time Spent On Lobbying Efforts, Etc., # 8 Attachment 8: List of Entries For Time Spent In Calls and/or Conference Among Multiple Plaintiffs' Attorneys)(Oliphant, Bradley) (Entered: 10/13/2011)
2011-10-27430REQUEST for Leave to File Response Brief by Friends of the River, South Yuba River Citizens League re 429 Supplement. (Attachments: # 1 Proposed Response Brief, # 2 Orion Decl., # 3 Ex. 1, # 4 Ex. 2, # 5 Ex. 3, # 6 Ex. 4, # 7 Ex. 5, # 8 Ex. 6, # 9 Ex. 7, # 10 Proposed Order)(Orion, Brian) Modified on 11/1/2011 (Kastilahn, A). (Entered: 10/27/2011)
2011-10-31431OPPOSITION by Defendants Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh to 430 Request,. (Oliphant, Bradley) (Entered: 10/31/2011)
2011-11-01432ORDER signed by Judge Lawrence K. Karlton on 10/31/11 GRANTING plaintiff's 430 Request to file their proposed response to defendants' supplemental brief. Plaintiffs SHALL filed their response within 7 days of the issuance of this order. (Meuleman, A) (Entered: 11/01/2011)
2011-11-03433Plaintiffs' RESPONSE to 429 Supplemental Brief of objections (Attachments: # 1 Declaration of Brian Orion, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7)(Orion, Brian) Modified on 11/4/2011 (Mena-Sanchez, L). (Entered: 11/03/2011)
2011-11-16434MOTION to SHORTEN TIME for Within Which To Hear Motion For Extension and Request To Submit Matter On The Papers by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh. (Oliphant, Bradley) (Entered: 11/16/2011)
2011-11-16435MOTION for 109-DAY EXTENSION OF TIME to Prepare Biological Opinion re 398 Order, Case Remanded,, by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh. (Attachments: # 1 Declaration of Howard Brown, # 2 Declaration of Randy Olsen)(Oliphant, Bradley) (Entered: 11/16/2011)
2011-11-17436AMENDED MOTION to SHORTEN TIME for for Within Which To Hear Motion For Extension and Request To Submit Matter On The Papers amending 434 MOTION to SHORTEN TIME for Within Which To Hear Motion For Extension and Request To Submit Matter On The Papers (corrected to remove 12:00pm deadline for opposition) by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh. (Oliphant, Bradley) (Entered: 11/17/2011)
2011-11-17437EXHIBIT A To Declaration of Randy P. Olsen (Doc. No. 435-2) by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh re 435 MOTION for 109-DAY EXTENSION OF TIME to Prepare Biological Opinion re 398 Order, Case Remanded,, MOTION for 109-DAY EXTENSION OF TIME to Prepare Biological Opinion re 398 Order, Case Remanded,,. (Oliphant, Bradley) (Entered: 11/17/2011)
2011-11-17438EXHIBIT B To Declaration of Randy P. Olsen (Dkt. No. 435-2) by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh re 435 MOTION for 109-DAY EXTENSION OF TIME to Prepare Biological Opinion re 398 Order, Case Remanded,, MOTION for 109-DAY EXTENSION OF TIME to Prepare Biological Opinion re 398 Order, Case Remanded,,. (Oliphant, Bradley) (Entered: 11/17/2011)
2011-11-30439RESPONSE by Friends of the River, South Yuba River Citizens League to 435 Motion for 109-Day Extension of Time to Prepare Biological Opinion re 398 Order. (Attachments: # 1 Declaration of Brian Orion, # 2 Orion Decl., Ex. 1)(Orion, Brian) Modified on 12/2/2011 (Zignago, K.). (Entered: 11/30/2011)
2011-12-01440ORDER signed by Judge Lawrence K. Karlton on 12/1/11 ORDERING that defendant's 436 request to shorten time is DENIED. Defendant's 435 Motion for an Extension of Time is SET for hearing on 12/19/2011 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Defendant's Reply Brief is DUE on 12/9/11. All other briefing has already been submitted. (Kastilahn, A) (Entered: 12/01/2011)
2011-12-05441REPLY by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh to RESPONSE to 435 MOTION for 109-DAY EXTENSION OF TIME to Prepare Biological Opinion re 398 Order, Case Remanded,, MOTION for 109-DAY EXTENSION OF TIME to Prepare Biological Opinion re 398 Order, Case Remanded,,. (Attachments: # 1 Declaration of Bradley H. Oliphant)(Oliphant, Bradley) (Entered: 12/05/2011)
2011-12-11442SUPPLEMENT by Friends of the River, South Yuba River Citizens League. (Attachments: # 1 Exhibit District Court Order_supplemental authority)(Sproul, Christopher) (Entered: 12/11/2011)
2011-12-12443NOTICE Regarding Biological Opinion by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh re 398 Order, Case Remanded,,. (Oliphant, Bradley) (Entered: 12/12/2011)
2011-12-16444MINUTE ORDER (TEXT ONLY) by CRD re 435 : The hearing on defendant's Motion to Extend the Deadline, ECF No. 435 , currently set for December 19, 2011 is VACATED. The matter will stand submitted on the papers. Ordered by Judge Lawrence K. Karlton on December 16, 2011. (Rivas, A) (Entered: 12/16/2011)
2011-12-16445MOTION for RECONSIDERATION by Friends of the River, South Yuba River Citizens League re: 402 Order. Motion Hearing set for 01/17/12 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: # 1 Declaration of Gary Reedy, # 2 Reedy Decl., Ex. 1, # 3 Reedy Decl., Ex. 2, # 4 Declaration of Christopher Sproul, # 5 Sproul Decl., Ex. 1, # 6 Sproul Decl., Ex. 2, # 7 Sproul Decl., Ex. 3, # 8 Sproul Decl., Ex. 4, # 9 Sproul Decl., Ex. 5, # 10 Sproul Decl., Ex. 6, # 11 Sproul Decl., Ex. 7, # 12 Sproul Decl., Ex. 8, # 13 Proposed Order)(Orion, Brian) Modified on 12/19/2011 (Kastilahn, A). (Entered: 12/16/2011)
2011-12-16446MOTION for RECONSIDERATION of Order Dismissing Claim 4B as Prudentially Moot by Friends of the River, South Yuba River Citizens League. Motion Hearing set for 1/17/2012 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: # 1 Proposed Order)(Orion, Brian) (Entered: 12/16/2011)
2011-12-16447MOTION for Partial SUMMARY JUDGMENT on Claim 4B by Friends of the River, South Yuba River Citizens League. Motion Hearing set for 01/17/12 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: # 1 Statement of Undisputed Facts)(Orion, Brian) Modified on 12/19/2011 (Kastilahn, A). (Entered: 12/16/2011)
2011-12-20448MOTION for 14-DAY EXTENSION OF TIME to Oppose Plaintiffs' 445 MOTION for RECONSIDERATION, 447 MOTION for SUMMARY JUDGMENT, and 446 MOTION for RECONSIDERATION; and PROPOSED ORDER , by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh. (Oliphant, Bradley) Modified on 12/21/2011 (Kastilahn, A). Modified (Entered: 12/20/2011)
2011-12-21449ORDER signed by Judge Lawrence K. Karlton on 12/20/11 GRANTING IN PART AND DENYING IN PART 435 Motion for 109 Day Extension of Time to Prepare a BiOp. Defendants are GRANTED an extension of the deadline from 12/12/11 to 2/29/12. (Meuleman, A) (Entered: 12/21/2011)
2011-12-21450OPPOSITION to 448 Motion for 14-Day Extension of Time. (Attachments: # 1 Proposed Order, # 2 Proof of Service) (Sproul, Christopher) Modified on 12/22/2011 (Michel, G). (Entered: 12/21/2011)
2011-12-22451REPLY to 450 Opposition to 448 Motion for 14-Day Extension of Time by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh. (Oliphant, Bradley) Modified on 12/23/2011 (Michel, G). (Entered: 12/22/2011)
2011-12-22452MINUTE ORDER: Federal defendants' motion for a two-week extension of time, ECF No. 448, is GRANTED. Federal defendants' oppositions or statements of non-opposition to plaintiffs' Motion for Reconsideration of the Final Remedy Order, ECF No. 445; Motion for Reconsideration of Order Dismissing Claim 4b, ECF No. 446; and Motion for Partial Summary Judgment, ECF No. 447, are due on January 17, 2012. The hearing on these motions, currently scheduled for January 17, 2012 is CONTINUED to January 30, 2012 at 10:00 a.m. Approved by Judge Lawrence K. Karlton on 12/22/2011. (Hoover, S) (Entered: 12/22/2011)
2012-01-04453SUBSTITUTION of COUNSEL and Notice of Change of Designation by federal defendants. (Himel, Yoshinori) Modified on 1/5/2012 (Marciel, M). (Entered: 01/04/2012)
2012-01-11454MOTION for EXTENSION OF TIME to File Supplemental Motion for Attorneys' Fees, If Any by Friends of the River, South Yuba River Citizens League. (Attachments: # 1 Proposed Order)(Orion, Brian) (Entered: 01/11/2012)
2012-01-12455NOTICE of Change of Firm Name and E-Mail Addresses by Yuba County Water Agency. (Wilkins, Howard) (Entered: 01/12/2012)
2012-01-17456OPPOSITION by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh to 445 Motion for Reconsideration and 447 Motion for Summary Judgment. (Attachments: # 1 Declaration Of Lisa Clay and Exhibits 1 and 2 thereto, # 2 Declaration of Doug Grothe and Exhibits 1-3 thereto)(Oliphant, Bradley) (Entered: 01/17/2012)
2012-01-17457RESPONSE by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, U.S. Army Corps of Engineers, Michael J. Walsh to 447 Statement of Undisputed Facts. (Oliphant, Bradley) Modified on 1/18/2012 (Benson, A.). (Entered: 01/17/2012)
2012-01-18458SUPPLEMENTAL MOTION for ATTORNEY FEES by Friends of the River. Motion Hearing set for 02/27/12 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: # 1 Declaration of Sproul, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Proof of Service)(Sproul, Christopher) Modified on 1/18/2012 (Benson, A.). (Entered: 01/18/2012)
2012-01-23459REPLY by Friends of the River, South Yuba River Citizens League re 456 Opposition to Motion,. (Attachments: # 1 Declaration of Gary Reedy, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Declaration of Christopher Sproul, # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D, # 10 Proposed Order)(Orion, Brian) (Entered: 01/23/2012)
2012-01-25460STATEMENT of NON-OPPOSITION by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh to 454 Motion for Extension of Time. (Oliphant, Bradley) (Entered: 01/25/2012)
2012-01-30461MINUTES (Text Only) for proceedings held before Judge Lawrence K. Karlton: MOTION HEARING held on 1/30/2012 re 445 Motion for Reconsideration filed by Friends of the River, South Yuba River Citizens League, 447 Motion for Summary Judgment filed by Friends of the River, South Yuba River Citizens League, and 446 MOTION for RECONSIDERATION of Order Dismissing Claim 4B as Prudentially Moot filed by Friends of the River, South Yuba River Citizens League. After oral argument, the motions are DENIED. Plaintiffs Counsel Brian Orion present. Defendants Counsel Bradley Oliphant, Howard Wilkins, III, present. Court Reporter: M. Babbitt. (Rivas, A) (Entered: 01/30/2012)
2012-02-03462ORDER signed by Judge Lawrence K. Karlton on 2/2/12 ORDERING that Plaintiffs' MOTIONS 445 , 446 , 447 are DENIED. (Mena-Sanchez, L) (Entered: 02/03/2012)
2012-02-13463OPPOSITION by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh to 458 Supplemental Motion for Attorney Fees. (Attachments: # 1 Declaration of Bradley Oliphant and Exhibit 1 thereto)(Oliphant, Bradley) (Entered: 02/13/2012)
2012-02-17464REPLY by Friends of the River, South Yuba River Citizens League in Support of 458 Supplemental Motion for Attorneys' Fees and Costs. (Attachments: # 1 Declaration of Christopher Sproul, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Proposed Order)(Orion, Brian) Modified on 2/21/2012 (Meuleman, A). (Entered: 02/17/2012)
2012-02-23465ORDER signed by Judge Lawrence K. Karlton on 2/22/2012 ORDERING that on 1/11/2012, Plaintiffs South Yuba River Citizens League and Friends of the River moved this Court for an order staying the deadlines in Local Rule 293 and Federal Rule of Civil Procedure 54 for the filing of supplemental motions for attorneys' fees until 28 days after the Court rules on the Plaintiffs' main motion for attorneys' fees, which is currently under submission. See ECF No. 407 , 407-1 (Aug. 19, 2011), see also ECF No. 433 (Nov. 3, 2011). The Federal Defendants took no position on the motion. Having considered the arguments and good cause appearing, the Court hereby GRANTS the motion. All deadlines for filing supplemental motions for attorneys' fees are hereby stayed. Supplemental motions for attorneys' fees, if any, will be due no later than 28 days after an order on Plaintiffs' motion for attorneys' fees. See ECF No. 407 , 407-1 (Aug. 19, 2011), see also ECF No. 433 (Nov. 3, 2011). The hearing currently scheduled for 2/27/2012 is VACATED. (Zignago, K.) (Entered: 02/23/2012)
2012-02-29466NOTICE of Completion of Remand Of The National Marine Fisheries Services' Biological Opinion by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh re 449 Order on Motion for Extension. (Oliphant, Bradley) (Entered: 02/29/2012)
2012-03-12467PLAINTIFF'S STATUS REPORT and Notice Concerning new biological opinion by South Yuba River Citizens League. (Attachments: # 1 2/12 Biological Opinion)(Weisselberg, Patricia) Modified on 3/14/2012 (Becknal, R). (Entered: 03/12/2012)
2012-03-16468OBJECTIONS by Defendants Walsh to 467 plaintiff's status report. (Oliphant, Bradley) (Entered: 03/16/2012)
2012-03-27469ORDER signed by Judge Lawrence K. Karlton on 3/26/12 ORDERING that 1 Plaintiffs' 407 motion for attorneys' fees and costs is GRANTED in part and DENIED in part. Plaintiffs are entitled to recover fees and costs in the amount of $1,875,951.20 from the federal defendants. This reflects a 20% reduction in the loadstar amount requested by plaintiffs. (Kastilahn, A) (Entered: 03/27/2012)
2012-04-17470MOTION for RECONSIDERATION re 469 Order, by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh. Motion Hearing set for 6/4/2012 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: # 1 Proposed Order)(Oliphant, Bradley) (Entered: 04/17/2012)
2012-04-24471OPPOSITION by Friends of the River to 470 Motion for Reconsideration. (Attachments: # 1 Declaration of C. Sproul, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Certificate of Service)(Sproul, Christopher) Modified on 4/25/2012 (Becknal, R). (Entered: 04/24/2012)
2012-05-25472REPLY by Carlos M. Gutierrez, National Marine Fisheries Service to RESPONSE to 470 Motion for Reconsideration. (Oliphant, Bradley) Modified on 5/29/2012 (Matson, R). (Entered: 05/25/2012)
2012-05-30473MOTION For Leave to File Sur-reply by South Yuba River Citizens League. Motion Hearing set for 6/4/2012 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: # 1 Exhibit Plaintiffs' Sur-reply)(Weisselberg, Patricia) (Entered: 05/30/2012)
2012-05-30474PROPOSED ORDER re Plaintiffs' Motion For Leave to File a Sur-Reply re 473 MOTION For Leave to File Sur-reply. (Weisselberg, Patricia) (Entered: 05/30/2012)
2012-05-31475ORDER signed by Judge Lawrence K. Karlton on 5/31/2012 ORDERING that the hearing on defendants' 470 Motion for Reconsideration is VACATED. Plaintiffs' 473 Motion to file a Sur-reply is DENIED. The 470 Motion for Reconsideration is DENIED. Plaintiffs' Request for Supplemental Fees in the amount of $9110.70, made in their opposition to the Motion for Reconsideration is DENIED. Plaintiffs' 458 Supplemental Motion for Fees is GRANTED in part and DENIED in part. Plaintiffs are awarded $1705 in supplemental fees, reflecting a 90% reduction in the amount requested. Defendants SHALL pay all fees due no later than ninety (90) days from the issuance of this order, and shall thereupon file a declaration with the court stating that they have done so. (Zignago, K.) (Entered: 05/31/2012)
2012-06-06476NOTICE of CHANGE of ADDRESS by Bradley H. Oliphant. (Oliphant, Bradley) (Entered: 06/06/2012)
2012-07-19477SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Dry Creek Mutual Water Company. (Hitchings, Andrew) (Entered: 07/19/2012)
2012-07-19478SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Brophy Water District, Hallwood Irrigation Company. (Hitchings, Andrew) (Entered: 07/19/2012)
2012-07-20479ORDER SUBSTITUTING ATTORNEY signed by Judge Lawrence K. Karlton on 7/20/2012 ORDERING Attorney Jesse William Barton for Brophy Water District, and Hallwood Irrigation Company, attorney Andrew M. Hitchings terminated. (Reader, L) (Entered: 07/20/2012)
2012-07-20480ORDER SUBSTITUTING ATTORNEY signed by Judge Lawrence K. Karlton on 7/20/2012 ORDERING Attorney James M. Atlas for Dry Creek Mutual Water Company, and Jennifer T. Buckman terminated. (Reader, L) (Entered: 07/20/2012)
2012-07-30481NOTICE of APPEAL by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh as to 475 Order, and 469 Order. (Oliphant, Bradley) Modified on 7/31/2012 (Meuleman, A). (Entered: 07/30/2012)
2012-07-30482MOTION to STAY re 475 Order by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh. Motion Hearing set for 9/4/2012 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: # 1 Proposed Order) (Oliphant, Bradley) Modified on 7/31/2012 (Meuleman, A). (Entered: 07/30/2012)
2012-07-31483APPEAL PROCESSED to Ninth Circuit re 481 Notice of Appeal filed by Michael J. Walsh, U.S. Army Corps of Engineers, Carlos M. Gutierrez, Rodney McInnis, Pete Geren, National Marine Fisheries Service. Filed dates for Notice of Appeal *7/30/2012*, Complaint *12/14/2006* and Appealed Order / Judgment *3/27/2012 and 5/31/12*. Court Reporter: *N/A*. *Fee Status: Waived, U.S. Government* *Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh* (Attachments: # 1 Appeal Information) (Meuleman, A) (Entered: 07/31/2012)
2012-08-02484TRANSCRIPT REQUEST by Pete Geren, Carlos M. Gutierrez, Rodney McInnis, National Marine Fisheries Service, U.S. Army Corps of Engineers, Michael J. Walsh for proceedings held on September 26, 2011 before Judge Karlton, re 481 Notice of Appeal (Oliphant, Bradley) (Entered: 08/02/2012)
2012-08-18485USCA CASE NUMBER 12-16674 for 481 Notice of Appeal filed by Michael J. Walsh, U.S. Army Corps of Engineers, Carlos M. Gutierrez, Rodney McInnis, Pete Geren, National Marine Fisheries Service. (Donati, J) (Entered: 08/18/2012)
2012-08-21486OPPOSITION by South Yuba River Citizens League to federal defendants' 482 Motion for Stay or, in the alternative, for Modification of 5/31/2012 475 Order. (Attachments: # 1 Proposed order) (Weisselberg, Patricia) Modified on 8/22/2012 (Marciel, M) (Entered: 08/21/2012)
2012-08-22487REPLY by federal defendants in support of 482 Motion for Stay or, in the alternative, for Modification of 5/31/2012 475 Order. (Oliphant, Bradley) Modified on 8/22/2012 (Marciel, M) (Entered: 08/22/2012)
2012-08-27488USCA CASE NUMBER 12-16674 for 481 Notice of Appeal filed by Michael J. Walsh, U.S. Army Corps of Engineers, Carlos M. Gutierrez, Rodney McInnis, Pete Geren, National Marine Fisheries Service. (Zignago, K.) (Entered: 08/27/2012)
2012-08-29489DECLARATION of Bradley H. Oliphant re 475 Order. (Oliphant, Bradley) Modified on 8/30/2012 (Zignago, K.). (Entered: 08/29/2012)
2012-08-29490ORDER signed by Judge Lawrence K. Karlton on 8/28/12 ORDERING that Federal Defendants' 482 motion for modification of 475 the Court's 5/21/2012 Order is GRANTED. The language of the Order is modified to require Federal Defendants to submit a request to the Treasury Department for the payment of all fees due by 9/4/2012. Within 30 days of the issuance of this order, defendants SHALL inform the court of the status of the payment to plaintiffs.The hearing currently set for 9/4/2012 is VACATED. (Kastilahn, A) (Entered: 08/29/2012)
2012-09-20491MOTION for SUPPLEMENTAL ORDER on ATTORNEYS FEES and COSTS by plaintiffs. Motion Hearing set for 11/5/2012 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: # 1 Proposed Order) (Sproul, Christopher) Modified on 10/22/2012 (Marciel, M) (Entered: 09/20/2012)
2012-09-20492DECLARATION of Christopher Sproul in SUPPORT OF 491 MOTION for ATTORNEY FEES Supplemental Order . (Weisselberg, Patricia) (Entered: 09/20/2012)
2012-09-21493CLERK'S NOTICE of CORRECTION for HEARING on 491 MOTION for ATTORNEY FEES: Incorrect courtroom selected; Motion Hearing reset for 11/5/2012 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Manzer, C) (Entered: 09/21/2012)
2012-09-28494Federal Defendants' NOTICE Informing The Court Of The Status Of The Payment Of Attorneys' Fees To Plaintiffs re 490 Order, (Attachments: # 1 Declaration Oliphant and Exhibits 1-5 thereto)(Oliphant, Bradley) Modified on 10/1/2012 (Mena-Sanchez, L). (Entered: 09/28/2012)
2012-10-12495TRANSCRIPT of Proceedings held on September 26, 2011, before Judge Lawrence K. Karlton, filed by Court Reporter Diane Shepard, Phone number 916-554-7460 E-mail diane.shepard@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 11/2/2012. Redacted Transcript Deadline set for 11/13/2012. Release of Transcript Restriction set for 1/10/2013. (Shepard, D) (Entered: 10/12/2012)
2012-10-22496OPPOSITION by federal defendants to 491 Motion for Supplemental Order on Attorneys Fees and Costs. (Oliphant, Bradley) Modified on 10/22/2012 (Marciel, M) (Entered: 10/22/2012)
2012-10-26497REPLY by South Yuba River Citizens League re 491 Motion for Supplemental Order on Attorneys Fees and Costs. (Weisselberg, Patricia) (Entered: 10/26/2012)
2012-11-01498ORDER signed by Judge Lawrence K. Karlton on 11/1/12 ORDERING Plaintiffs' motion for a supplemental order directing the Federal Defendants to pay the attorneys' fees and costs awarded by the court, 491 , is DENIED. Final Judgment in this case has been entered, as of issuance of this court's May 31, 2012 Order, 475 . The fee awards set forth in the court's March 27, 2012 and May 31, 2012 orders are STAYED pending resolution of Defendants' appeal. The parties SHALL notify the court upon resolution of the Federal Defendants' appeal or, if the Office of the Solicitor General decides not to approve Federal Defendants' appeal, upon the withdrawal of such appeal. The motion hearing currently set for November 5, 2012 at 10:00 a.m. is VACATED.(Matson, R) (Entered: 11/01/2012)
2013-01-09499NOTICE of Possible Related Case by Yuba County Water Agency, Yuba County Water Agency. (Wilkins, Howard) (Entered: 01/09/2013)
2013-01-11500NOTICE of RELATED CASE 2:13-cv-00042, 2:13-cv-00027 by South Yuba River Citizens League. (Sproul, Christopher) (Entered: 01/11/2013)
2013-01-14501AMENDED NOTICE of RELATED CASE 2:13-cv-00042, 2:13-cv-00059 by South Yuba River Citizens League re 500 Notice of Related Case. Amended Notice (Sproul, Christopher) Modified on 1/15/2013 (Kastilahn, A). (Entered: 01/14/2013)
2013-01-15502RESPONSE by Yuba County Water Agency, Yuba County Water Agency to 501 Notice of Related Case - ATY. (Attachments: # 1 Non-Related Case Order)(Wilkins, Howard) (Entered: 01/15/2013)
2013-01-28503SECOND AMENDED NOTICE of RELATED CASE 2:13-cv-00042, 2:13-cv-00059 by Friends of the River, South Yuba River Citizens League. (Sproul, Christopher) Modified on 1/29/2013 (Kastilahn, A). (Entered: 01/28/2013)
2013-01-31504RESPONSE by Yuba County Water Agency to South Yuba River Citizens League's 503 Second Amended Notice Of Related Case (Wilkins, Howard) Modified on 2/1/2013 (Kastilahn, A). (Entered: 01/31/2013)
2013-03-08505NON-RELATED CASE ORDER signed by Judge Lawrence K. Karlton on 3/7/2013 ORDERING that the Court DECLINES to relate cases 2:06-cv-2845LKK-JFM, 2:13-cv-00059 MCE-EFB, and 2:13-cv-00042-MCE-CKD. (Zignago, K.) (Entered: 03/08/2013)
2014-07-01506ORDER of USCA for 481 Notice of Appeal filed by federal defendants: the decision of the District Court's reduction of fees originally claimed by 20% is AFFIRMED. (Marciel, M) (Entered: 07/01/2014)
2014-08-26507USCA MANDATE as to 481 Notice of Appeal: The judgment of this Court, entered July 01, 2014, takes effect this date. (Kaminski, H) (Entered: 08/26/2014)
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