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13-2095 - Duarte Nursery Inc. et al v. United States Army Corps of Engineers et al


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13-2095 - Duarte Nursery Inc. et al v. United States Army Corps of Engineers et al
January 8, 2014
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ORDER signed by Judge Lawrence K. Karlton on 1/8/13: Initial Scheduling Conference RESET for 3/24/2014 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Kaminski, H)
March 24, 2014
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STIPULATION AND ORDER signed by Judge Lawrence K. Karlton on 3/24/2014 CONTINUING the Status Conference to 6/23/2014 at 01:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton; ORDERING the parties to file further status reports fourteen days prior to that date. (Michel, G)
April 23, 2014
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ORDER signed by Judge Lawrence K. Karlton on 4/22/14 ORDERING that The Corps' MOTION to DISMISS for lack of federal jurisdiction 10 is DENIED; The Corps' MOTION to DISMISS for failure to state a claim is DENIED; and The State Defendants' MOTION to DISMISS for lack of federal jurisdiction, 9 is GRANTED. This lawsuit is DISMISSED without prejudice, as to Defendants Longley, Moffitt, Constantino, Meraz, Ramirez, Schneider and Creedon, because the matter is not yet ripe for judicial review. (Mena-Sanchez, L)
June 3, 2014
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STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 6/2/2014 ORDERING 30 Status Conference Reset for 9/22/2014 at 01:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton; Status Reports due 14 days prior to conference. (Reader, L)
July 8, 2014
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STIPULATION AND ORDER signed by Judge Lawrence K. Karlton on 7/8/2014 ORDERING the defendant to respond to the 34 Motion to file a First Supplemental Complaint by 7/24/2014; CONTINUING the Motion Hearing on the 34 Motion to file a First Supplemental Complaint to 8/11/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Michel, G)
August 6, 2014
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ORDER signed by Judge Lawrence K. Karlton on 8/6/2014 ORDERING 34 Plaintiffs' Motion to file first supplemental complaint; without prejudice to the United States' right to answer or otherwise respond to the first supplemental complaint, the unopposed motion is GRANTED. Further, the motion hearing noticed for 8/11/2014 is VACATED. (Reader, L)
January 30, 2015
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STIPULATION and ORDER REGARDING DISCOVERY PROCEDURE signed by Magistrate Judge Dale A. Drozd on 1/29/15 re: 57. (Meuleman, A)
March 24, 2015
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ORDER signed by Judge Kimberly J. Mueller on 3/23/15 ORDERING that The United States' motion to dismiss the first, second, and fifth claims as moot is DENIED. The United States' motion to dismiss the sixth claim for failure to state a claim is GRANTED with leave to amend. Plaintiffs are directed to file any second amended complaint consistent with this order within 21 days of the filed date of this order. (Kastilahn, A)
May 18, 2015
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STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Dale A. Drozd on 5/15/15. (Manzer, C) Modified on 5/18/2015 (Manzer, C).
September 3, 2015
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ORDER signed by Judge Kimberly J. Mueller on 9/2/2015 GRANTING 80 Motion for Leave to Amend the Complaint; DIRECTING the Clerk of Court to file the second amended complaint, attached to the plaintiffs' motion, on the docket. (Michel, G.)
October 19, 2015
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STIPULATION and ORDER 102 allowing Duarte Nursery and United States to file 3 Motions for Summary Judgment by 10/23/2015 signed by Judge Kimberly J. Mueller on 10/16/2015. Here, the Court is prepared to accept parties' representation that three separate Briefs will allow for more clear presentation of issues and separate briefing is not a method by which to avoid Court's limitation on page-length. At the same time, Court is not persuaded that parties require additional pages, over and above what is allowed for anyone Brief. Thus, for each Brief up to a total of three briefs, Courts standing order "plac[ing] a page limit for Dispositive Motions of 20 pages on all initial moving papers," REMAIN IN EFFECT. (Marciel, M)
November 16, 2015
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ORDER signed by Judge Kimberly J. Mueller on 11/13/2015 ORDERING that the government's 101 motion to withdraw deemed admissions is GRANTED and plaintiffs' 103 request for sanctions is DENIED. (Zignago, K.)
April 15, 2016
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STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 4/14/2016 ORDERING that the Joint Pretrial Conference Statement previously due 4/28/2016, is now due 5/11/2016. (Zignago, K.)
May 3, 2016
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STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 5/3/2016 ORDERING the parties to file their Joint Pretrial Conference Statement by 6/10/2016; CONTINUING the Final Pretrial Conference to 6/30/2016 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller; CONFIRMING the Bench Trial set for 7/25/2016. (Michel, G.)
June 10, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 6/10/2016 GRANTING the United States' Motion for Summary Judgment on the plaintiffs' Due Process claims and on its CWA counterclaim; GRANTING the United States' Motion to Dismiss the plaintiffs' retaliatory prosecution claim WITHOUT LEAVE TO AMEND. (Michel, G.)
June 20, 2016
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ORDER granting 197 Motion to Shorten Time signed by District Judge Kimberly J. Mueller on 6/20/16: HEARING as to 196 Motion for Reconsideration RESET for 7/1/2016 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. Joint pretrial statement due date is CONTINUED to July 29, 2016. Final Pretrial Conference RESET for 8/12/2016 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. The Bench Trial previously set for July 25, 2016 is VACATED to be reset at the Final Pretrial Conference. (Kaminski, H)
July 29, 2016
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STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 7/28/16 ORDERING the pretrial conference, which was previously set for 8/26/16 at 10:00 A.M. and is now reset for 9/2/16 at 10:00 A.M.; the Joint Pretrial Statement and the Motions in limine are due to be filed no later than 8/5/16; Responses are due to be filed no later than 8/15/16; (Optional) replies are due to be filed no later than 8/19/16.(Becknal, R)
August 16, 2016
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RELATED CASE ORDER signed by District Judge Kimberly J. Mueller on 8/16/16 ORDERING that CIV No. 2:16-cv-01498-WBS-CMK is REASSIGNED from Senior United States District Judge William B. Shubb to the undersigned and from Magistrate Judge Craig M. Kellison to Magistrate Judge Deborah Barnes. The caption on documents filed in the REASSIGNED case shall be shown as: CIV 2:16-cv-01498-KJM DB. It is further ORDERED that the Clerk of the Court make appropriate adjustment in the assignment of civil cases to compensate for this reassignment.(Mena-Sanchez, L)
January 31, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 1/30/2017 DENYING Plaintiff's 221 Motion to Modify the Scheduling Order and to Amend the Answer; and DENYING AS MOOT Plaintiff's 223 Motion to Stay. (Jackson, T)
March 24, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 3/23/17 ORDERING that Plaintiffs' 196 motions for reconsideration and for certification of interlocutory appeal are DENIED. (Becknal, R)
June 23, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 6/22/17 ORDERING that Duarte's MOTION to STAY 269 is DENIED. (Mena-Sanchez, L)
August 11, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 8/10/2017 GRANTING 228, 231, 235 Motions in Limine; GRANTING IN PART, DENYING IN PART 230 Motion in Limine. (Michel, G.)