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10-2414 - Hardesty et al v. Sacramento Metropolitan Air Quality Management District et al


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10-2414 - Hardesty et al v. Sacramento Metropolitan Air Quality Management District et al
March 8, 2011
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STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 3/7/2011 ORDERING 29 that defendant Zachary Simmons is GRANTED until 4/29/2011 to respond to the Complaint, or 45 business days after any Amended (First) Complaint that is filed, to respond to the Amended (First) Complaint. It is agreed that, entry into this stipulation does not waive any alleged defects in service of process, any defenses or objections to the claims in plaintiffs' complaint. (Reader, L)
May 9, 2011
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ORDER signed by District Judge Kimberly J. Mueller on 5/9/2011 GRANTING 37 consent motion for leave to file a dispositive motion and memorandum of points and authorities in excess of the court's page limit and accepts the dfts' dispositive motion and memorandum of points and authorities filed on 4/29/2011. (Zignago, K.)
June 22, 2011
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STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 06/21/11 ORDERING that the July 20, 2011scheduling conference is continued until the Court has had an opportunity to resolve the referenced outstanding motions. (Michel, G)
March 29, 2012
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ORDER signed by Judge Kimberly J. Mueller on 3/29/12 GRANTING 42 Motion to Amend the Complaint, but the first amended complaint is DISMISSED as discussed in the body of the order; plaintiffs' second amended complaint, prepared in light of the discussion set forth above in this order, is due within 21 days of the date of this order; GRANTING 28 Motion to Dismiss and the case is STAYED upon the filing of the second amended complaint; GRANTING IN PART AND DENYING IN PART 39 Motion to Dismiss; GRANTING IN PART AND DENYING IN PART 23 Motion to Dismiss; and DENYING 38 Motion for Sanctions. (Meuleman, A)
March 25, 2013
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ORDER signed by Judge Kimberly J. Mueller on 3/22/13 ORDERING that the The State Defendants' MOTION to Dismiss 88 is GRANTED as to Koehler but DENIED in all other respects; The Motion to Dismiss by Storelli and Moffitt 93 is DENIED; The County Defendants' Motion to Dismiss 94 is DENIED; Gregory's Motion to Dismiss 95 is DENIED; The SMAQMD Defendants Motion to Dismiss 97 is GRANTED; Plaintiffs amended complaint, if they wish to file one, is due within twenty-one days of the date of this order; and The Case is SET for Pretrial Scheduling Conference on 4/18/2013 at 02:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. A Joint Pretrial report is due no later than 4/11/13. (Mena-Sanchez, L)
May 10, 2013
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RELATED CASE ORDER signed by Judge Kimberly J. Mueller on 5/9/13. Case number 2:12-cv-2457 is reassigned to Judge Kimberly J. Mueller and Magistrate Judge John F. Moulds for all further proceedings. New Case Number: 2:12cv2457 KJM JFM. (Manzer, C)
May 7, 2014
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ORDER signed by Judge Kimberly J. Mueller on 5/6/14 ORDERING that all parties in the above-captioned actions advise the court within fourteen days of the date of this order if any party objects to consolidation. If there is any objection, the court may order further briefing. If all parties believe the cases should be consolidated, they may file a stipulation and proposed order for the court's consideration. (Becknal, R)
October 15, 2014
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FURTHER AMENDED STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Kimberly J. Mueller on 10/14/14: Initial disclosures shall be completed by 11/21/2014. All discovery shall be completed by 7/7/2015. Designation of Expert Witnesses due by 5/18/2015, and rebuttal disclosures due by 6/8/2015. All expert discovery shall be completed by 7/7/2015. A mid-litigation status conference will be held on 7/30/2015. All dispositive motions, except motions for continuances, temporary restraining orders or other emergency applications, shall be heard no later than 12/18/2015. The Final Pretrial Conference is SET for 3/31/2016 at 03:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. A joint pretrial conference statement shall be filed by 3/10/2016. The Jury Trial is SET for 4/25/2016 at 09:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. The parties estimate a trial length of approximately three weeks. Trial briefs are due by 4/11/2016. Objections shall be filed within 14 calendar days of service of this Order. (Kastilahn, A)
May 14, 2015
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ORDER signed by Judge Kimberly J. Mueller on 5/14/15 GRANTING 197 Request to Disclose Expert Witness. (Manzer, C)
August 18, 2015
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ORDER signed by Judge Kimberly J. Mueller on 8/18/2015 ORDERING that the parties shall compile a Statement of Undisputed Facts to be filed with the court no later than 9/18/2015, with no dispositive motions to be filed before this date. Dispositive motions shall be filed no later than 10/16/2015. Oppositions shall be filed no later than 12/4/2015. Replies shall be filed no later than 12/30/2015. The court anticipates a combined hearing in January 2016. Defendants O'Bryant, Norris, Testa, and Taras may file a consolidated motion for summary judgment supported by a memorandum of point and authorities of up to sixty-five pages; the consolidated brief in opposition may likewise not exceed sixty-five pages, and the consolidated reply shall not exceed thirty-two pages. (Zignago, K.)
March 8, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 3/7/16 ORDERING that the ex parte application is GRANTED IN PART. The Final Pretrial Conference is SET for 6/3/2016 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. A joint pretrial statement shall be filed by 5/20/2016. The Jury Trial is SET for 7/11/2016 at 09:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller, with trial briefs due by 6/27/2016. (Kastilahn, A)
May 3, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 05/02/16 ORDERING that defendants' 277 Ex Parte Application is GRANTED in part and DENIED in part; Final Pretrial Conference RESET for 7/1/2016 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller with a joint pretrial statement due 06/17/16; Jury Trial RESET for 8/15/2016 at 09:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Benson, A)
June 3, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 6/2/16 ORDERING that the ex parte application 280 to continue in Case No. 10-2414 isDENIED. An order on the pending motions for summary judgment will soon be filed. (Kastilahn, A)
June 9, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 6/8/2016 ORDERING Defendant Liz Gregory's 217 Motion for Summary Judgment or in the Alternative Partial Summary Judgment; Defendants 218 County of Sacramento, et al Motion for Summary Judgment; Plaintiff's 219 Schneider's Motion for Summary Adjudication, 220; Defendants 222 O'Bryant's et al Motion for Summary Judgment or in the Alternative Summary Adjudication; Defendant 105 David Bieber's Motion for Summary Judgment or in the Alternative Partial Summary Judgment is GRANTED in PART and DENIED in PART; Additionally, the unconsolidated portion of the Schneider case, against defendant Bieber is CLOSED. (Reader, L)
June 16, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 6/15/2016 ORDERING The Hardestys did not produce evidence that would allow a rational trier of fact to find defendants Testa or Norris deprived the Hardestys of a constitutionally protected right or intended to drive the mining operation out of business. The court therefore granted summary judgment on the substantive due process claim against both. (Reader, L)
August 1, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 8/1/16: Having received the Joint Stipulation confirming a back-up trial date, the Court CONFIRMS the current trial date of November 7, 2016, with the understanding this case trails another trial. If this case does not proceed on November 7, the trial date will be RESET to February 6, 2017. (Kaminski, H)
February 10, 2017
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[SUPERSEDED BY 344 ORDER] ORDER signed by District Judge Kimberly J. Mueller on 2/10/2017 GRANTING 291 Motion in Limine; GRANTING 292 Motion in Limine; GRANTING 293 Motion in Limine. (Washington, S) Modified on 2/16/2017 (Benson, A).
February 16, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 02/15/17 ORDERING that the 342 Motion for Reconsideration is GRANTED; plaintiff's remaining 287 Motions in Limine are GRANTED IN PART and RESERVED IN PART for ruling until first day of trial; this Order SUPERSEDES 340 Order on Motion in Limine. (Benson, A)
February 23, 2017
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PRELIMINARY JURY INSTRUCTIONS Signed by District Judge Kimberly J. Mueller on 2/21/2017. (Reader, L)
March 20, 2017
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FINAL JURY INSTRUCTIONS signed by District Judge Kimberly J. Mueller on 3/16/2017. (Donati, J)
June 9, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 6/8/2017 ORDERING that the Clerk is directed to enter judgment in favor of plaintiffs according to the 3/21/2017 jury verdict and to CLOSE this case. Plaintiffs' 508 motion to sever is DENIED as moot. CASE CLOSED. (Zignago, K.)
June 13, 2017
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STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 6/12/2017 ORDERING Any and all initial filings related to plaintiffs' recovery of attorneys' fees and costs, including taxable and non-taxable costs, and whether due under 28:1920, 1988, FRCP Rule 54(d), and LR 292 and 293 or otherwise (herein "Cost Claims"), shall be filed together, on the same date, as set forth below. This Stipulation shall be without prejudice to plaintiffs rights to file amended or supplemental filings related to the Cost Claims at a later date to the extent such filings may be permitted by the applicable rules and law or by leave of Court. The parties stipulate that all filings related to the Cost Claims shall be filed by plaintiffs within 28 days after the date of entry of the Court's ruling on defendants' forthcoming post-trial motions, and that defendants shall have 14 days to oppose the Cost Claims. In the event that defendants timely file multiple post-trial motions and the Court disposes of the motions on different dates, that 28-day period will begin to run from the date of the Court's ruling on defendants' last pending timely filed post-trial motion. Plaintiffs' written opposition papers responsive to defendants' post-trial motions shall be filed not later than 56 days from the date said motions are filed. Defendants shall have 21 days to file written reply papers. Plaintiffs shall suspend and forebear any efforts to execute on the judgment from the date of this Stipulation up to and including 14 days after the last day for defendants to bring a timely appeal of the judgment. (Reader, L)
August 30, 2017
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STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 8/30/17. The last day for Plaintiffs' to file their opposition papers responsive to Defendants' post-trial is EXTENDED to 9/8/2017.(Mena-Sanchez, L)
March 31, 2018
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ORDER denying 537 Renewed Motion for Judgment as a Matter of Law and denying 538 Motion for New Trial, signed by District Judge Kimberly J. Mueller on 03/31/18. (Mueller, Kimberly)
April 19, 2018
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STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 4/19/18, ORDERING that the Cost Claims shall be filed by plaintiffs on or before 5/29/2018, defendants shall have 21 days to oppose the Cost Claims, and plaintiffs shall have 21 days to file any reply. Plaintiffs shall suspend and forebear any efforts to execute on the Judgment from the date of this Stipulation up to and including the earlier of either 30 days after the Court issues a final ruling on the Cost Claims or 90 days after the date plaintiffs file their application(s) for the Cost Claims.(Kastilahn, A)