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88-1658 - Natural Resources Defense Council, Inc, et al v. Houston, et al


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88-1658 - Natural Resources Defense Council, Inc, et al v. Houston, et al
August 27, 2004
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ORDER [TO BE PUBLISHED] by Honorable Lawrence K. Karlton ORDERING that plts' motion for summary adjudication of liability on first claim [831-1] GRANTED, the Friant dfts' and Chowcilla Water District's motions for summary adjudications in 2:88-cv-01658 [850-1] are DENIED (cc: all counsel) (ndd)
April 18, 2005
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ORDER signed by Judge Lawrence K. Karlton on 4/18/05. Bench Trial set for 2/14/2006 at 10:30 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Discovery Hearing set for 4/28/2005 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Hearing relating to Consolidated Brief is set for 7/27/2005 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Pretrial Conference set for 1/19/2006 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Marciel, M)
April 29, 2005
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ORDER signed by Judge Lawrence K. Karlton on 4/28/05 ORDERING that the parties are directed to submit their arguments on these two issues [(1) Whether Section 5937 preempts the planning mandate of Section 3406(a) of the CVPIA and (2) What the appropriate scope of the court's remedial authority is under the APA] according to the following schedule: a) Plts are directed to submit a motion covering these issues within 10 days of this order. b) Dfts must file their opposition within 15 days of plts' motion. c) Plts will have 10 days to reply. d) A hearing will be set if the court believes it necessary.(Duong, D)
June 10, 2005
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ORDER signed by Judge Lawrence K. Karlton on 6/9/05. The Court CONCLUDES the "reasonable, prudent and feasible" standard of Sec. 3406(c)(1) only constrains the development of the Secretary's plan for the San Joaquin. It is the responsibility of the Court to interpret the law as it applies to the facts of this case. Where a violation of Sec. 5937 is found, the statute contains sufficient standards to permit the Court to fashion an appropriate remedy in accordance with equitable principles. (Krueger, M)
June 14, 2005
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ORDER signed by Judge Morrison C. England, Jr. for Judge Lawrence K. Karlton on June 14, 2005: The federal defendants are directed to file with the court excerpts of record for any documents cited in their response SUF by 4:00 PM on June 20, 2005. If requested by another party, the federal defendants shall provide a copy of the excerpts within five days of that request. Counsel for the federal defendants is directed to contact Judge Karlton's chambers upon receipt of this order. (Rivas, A)
June 16, 2005
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ORDER signed by Judge Lawrence K. Karlton on 5/24/05 re 1120 In Chambers Conference: The Federal and Friant dfts are directed to file with the court and serve on all parties, a letter, by 6/6/05 at 4:00pm, which contains a comprehensive list of where, in the briefs they have previously filed, the court can find their discussion of the appropriate remedy should it find violations under the Endangered Species Act. This letter is not to contain any additional arguments but should be a simple list of where the court can find the already-submitted sections relevant to the remedies issues on the above-cited claim. The sections cited in the above mentioned letter will constitute briefing by these parties on the remedies for all the remaining cies until today 6/16/05). (Duong, D)laims not relating to the first cause of action, this includes claims under the Endangered Species Act as well as the National Environmental Policy Act, and the Reclamation Act. (NOTE: This order was signed on 5/24/05 and was not sent out to the part
July 19, 2005
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ORDER The court desires briefing from Friant and NRDC on the issue of whether, under federal law, NRDC, having received possession of the general counsel documents through no misconduct of its own, is entitled to retain (or in this case because of the court's interim order-have sent back to NRDC) the non-privileged documents. This briefing is to be filed no later than July 28, 2005, and shall be limited to fifteen pages. signed by Judge Gregory G. Hollows on 6/15/2005. (Reader, L)
July 20, 2005
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ORDER signed by Judge Lawrence K. Karlton on 7/19/05 ORDERING that oral argument on the NEPA and Reclamation Act claims is CONTINUED to 8/11/2005 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Krueger, M)
July 28, 2005
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ORDER granting in part and denying in part 1065 Motion for Summary Judgment 1067 Motion for Summary Judgment and 1070 Motion for Summary Judgment. 1. Plaintiffs' motion for summary adjudication on the critical habitat inquiry is GRANTED. 2. Plaintiffs' motion for summary adjudication on the jeopardy analysis is GRANTED. 3. Plaintiffs' motion for summary adjudication as to the Bureau of Reclamation's liability is GRANTED. 4. Defendants' motion as to reinitiation of consultation is GRANTED. See order for further details.Signed by Judge Lawrence K. Karlton on 7/28/05. (cc mailed to Ernest Albert Conant, K Jack Haugrud, Keneeth A Kuney, Cllifford T Lee, John L Marshall, Dante John Nomellini Jr, Leo Patrick O'Brien, Gary W Sawyers, Eileen Sobeck, Adam B Wolf) (Hinkle, T) Modified on 7/28/2005 (Duong, D).
August 3, 2005
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ocuments. Copies of inadvertently produced documents which are not considered privileged shall be made available to NRDC prior to hearing. If NRDC invokes formal process, and Magistrate Judge Hollows finds that Friant has made significant number of privilege assertions which were meritless, Friant may be subject to significant sanctions. On other hand, should NRDC oppose assertions of privilege which cannot reasonable be opposed, NRDC may also be subject to sanctions.(Marciel, M)ORDER signed by Judge Gregory G. Hollows on 8/3/05. Court finds that NRDC is entitled to retain the non-privileged material inadvertently sent to it, or copies thereof. Frian shall have ready for in camera review an electronic disc of all contested d
August 16, 2005
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ORDER signed by Judge Lawrence K. Karlton on 8/15/05 ORDERING that Friant dfts are directed to SUBMIT to this court and serve on plts and all other parties, a brief not to exceed 15 pages by 8/30/05 explaining what was meant at oral argument. Plts are granted until 9/14/05 to submit a response not to exceed 25 pages. The Friant dfts are then granted additional 10 pages upon which to reply by no later than 9/28/05. These page ranges are a maximum not a minimum and the court will not consider any arguments made which do not relate to the above-raised issue. The order submitting the issues argued at oral argument 1162 is vacated and the matter will stand submitted upon Friant dfts' filing of their reply brief, unless the court orders further oral argument.. (Duong, D)
August 16, 2005
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ORDER granting 1165 federal defendants' motion for leave to file a brief in accordance with the court's 8/15/05 order. Federal dfts' brief shall be filed concurrently with plaintiffs' response brief on 9/14/05. Signed by Judge Lawrence K. Karlton on 8/16/05. (Hinkle, T)
August 24, 2005
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ORDER signed by Judge Lawrence K. Karlton on 8/24/05: The State Water Resources Control Board's request to file an amicus brief is GRANTED. Plaintiff, Fed. Dfts., and SWRCB shall file their response to the Friant dfts' brief on 9/21/05. Friant dfts may file their reply brief not later than 10/12/05. (Hinkle, T)
September 16, 2005
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ORDER signed by Judge Gregory G. Hollows on 9/16/05 ORDERING that Friant shall submit a statement w/in 10 days indicating whether it will designate any new expert to replace Mr. Hanson, or whether it will continue to designate him and produce the documents as set forth w/in this order; if Friant decides to continue with Hanson, it shall also disclose the Hanson documents ordered disclosed at the same time. All other documents ordered to be disclosed shall be disclosed w/in 10 days. For those documents for which Friant has withdrawn its claim of privilege but which have not yet been produced, Friant will be held to its stated withdrawal. Those documents shall be produced forthwith. (Krueger, M)
September 22, 2005
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STIPULATION and ORDER 1213 to extend time for service signed by Judge Gregory G. Hollows on 9/22/05. The deadline for service of Rule 26(a)(2) Report and materials of Supplemental Expert Michael Hanneman, Ph.D. is EXTENDED through 9/21/05.(Marciel, M)
September 27, 2005
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ORDER signed by Judge Gregory G. Hollows on 9/27/05 ORDERING that Plaintiff's may file a response to Friant Defendants' Request for Clarification of the Court's 9/16/05 Order 1229 by 10/3/05. No reply will be permitted. (Krueger, M)
September 28, 2005
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ORDER signed by Judge Gregory G. Hollows on 9/28/05 informing the parties of discovery procedures to follow per the "mid-course" discovery conference held on 9/16/05. (Krueger, M)
September 29, 2005
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NON-RELATED CASE ORDER signed by Judge Lawrence K. Karlton on 09/28/05. The court will not relate the current case to F-05-1207 OWW/LJO. (Brown, T)
October 6, 2005
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ORDER denying 1160 Motion for Reconsideration signed by Judge Lawrence K. Karlton on 10/5/05. (Duong, D)
October 17, 2005
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ORDER signed by Judge Gregory G. Hollows on 10/17/05. Friant is not required to produce the following docs: 16, 61, 63, 65, 82, 129, 130, 132, 133, 146, 150, 151, 153, 154, 157, 179, 202, 219, 220, 224, 235, 258, 259, 263, 265, 268, and 280. Friant shall produce docs 142, 260, and 262. Docs to be produced pursuant to this and previous orders shall be produced, if they have not already been produced, no later than 10/20/05. (Dotson, B)
October 20, 2005
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STIPULATION and ORDER re subpoena for documents signed by Judge Gregory G. Hollows on 10/20/05. Friant and State Agencies have agreed to meet next week to narrow scope of doc requests and new response date will be set after that time. Parties agree that State Agencies' time for objecting to subpoenas is likewise extended.(Dotson, B)
October 20, 2005
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STIPULATION and ORDER re confidentiality for discussions with selected experts re settlement signed by Judge Gregory G. Hollows on 10/20/05. (Dotson, B)
November 2, 2005
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STIPULATION and ORDER regarding subpoena for docs served upon non-party CA Dept of Fish & Game signed by Judge Gregory G. Hollows on 11/1/05. Dept's time to respond to subpoena is extended. Dept's time for objecting to subpoena, filing a motion for protective order, or filing a motion to quash or modify the subpoena is extended.(Dotson, B)
November 10, 2005
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ORDER signed by Judge Gregory G. Hollows on 11/9/05. Friant shall file an Opposition to Motion by 11/17/05. Plaintiffs may file a Reply by 11/23/05.(Marciel, M)
November 18, 2005
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PROTECTIVE ORDER governing confidentiality of settlement negotiations and documents and information exchanged signed by Judge Gregory G. Hollows on 11/18/05. (Dotson, B)
November 30, 2005
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ORDER signed by Judge Lawrence K. Karlton on 11/30/05 ORDERING that Status Conference SET for 1/6/2006 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. The parties shall file a joint status report not later than 1/4/06. All dates heretofore set are VACATED. All proceedings are STAYED pending further Status Conference. (Duong, D)
January 5, 2006
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ORDER continuing Status Conference set for 1/6/2006 to 2/7/2006 at 01:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. The parties are directed to file a joint status report not later than 2/3/2006 at 4:00 p.m.Signed by Judge Lawrence K. Karlton on 1/5/06. (Hinkle, T)
February 6, 2006
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ORDER signed by Judge Lawrence K. Karlton on 2/6/06: (1) The Status Conference is CONTINUED to 3/7/2006 at 01:30 PM in Courtroom 4; (2) The parties shall file their joint status report by 4:00 p.m. on 3/3/2006; and (3) Should the parties request a further extension, the 3/7/06 Status Conference will be held to determine if that request is appropriate. (Hinkle, T)
February 9, 2006
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ORDER denying 1107 Motion for Summary Judgment signed by Judge Lawrence K. Karlton on 2/8/06. Should settlement negotiations be unsuccessful, the court will take the motions back under submission at that time. (Duong, D)
March 6, 2006
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ORDER signed by Judge Lawrence K. Karlton on 3/6/06. The 3/7/06 Status Conference is CONTINUED to 4/11/2006 at 01:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Parties shall file a joint status report by 4/7/06 @ 4:00 p.m.(Brown, T)
April 19, 2006
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ORDER signed by Judge Lawrence K. Karlton on 4/18/06 ORDERING that Status Conference CONTINUED to 6/19/2006 at 01:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. The parties shall file a joint status report not later than 6/15/06 at 4:00pm. (Duong, D)
June 21, 2006
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ORDER signed by Judge Lawrence K. Karlton on 6/20/06 ORDERING that the parties submit a joint report no later than 06/30/06 at 4:00pm which sets forth the parties' progress as to settlement discussions, including any discussions with state representatives. An order shall issue if a further Status Conference is required. (Duong, D)
September 27, 2006
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ORDER signed by Judge Lawrence K. Karlton on 9/27/06: The Irrigation Districts' motion for an extension time to file their amicus brief is hereby GRANTED 1354. Amici shall file their brief by October 6, 2006. The Exchange Contractors' motion for leave to file an amicus brief is hereby GRANTED 1345. Amici shall file their brief by October 6, 2006. The hearing set for October 23, 2006, at 10:00 a.m. is VACATED. The Reach 4B Landowners' motion for leave to file an amicus brief is hereby GRANTED 1356. Amici shall file their brief by October 6, 2006. The hearing set for October 10, 2006, at 10:00 a.m. is hereby VACATED. The Levee Districts' motion for leave to file an amicus is hereby GRANTED 1358. Amici shall file their brief by October 6, 2006. The hearing set for October 23, 2006, at 10:00 a.m. is hereby VACATED. (Kaminski, H)
October 23, 2006
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DISREGARD SEE ENTRY 1377 - ORDER Approving Stipulation of Settlement signed by Judge Lawrence K. Karlton on 10/23/06 ORDERING that: the Court shall retain jurisdiction for purposes of resolving disputes that may arise in connection with the interpretation of the Stipulation or the implementation of the settlement; pltf and Friant dfts are DIRECTED to meet and confer concerning the selection of the Restoration Administrator and to submit a Proposed Order Appointing Restoration Administrator to the Court for approval; and the parties shall attempt to negotiate an award of pltfs' reasonable attorneys' fees and costs. Pltfs may file a Notice of Motion and Motion for Attorney's Fees and Costs w/in 30 days of the entry of the judgment in this action.(Brown, T) Modified on 11/3/2006 (Duong, D).
October 23, 2006
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ORDER APPROVING STIPULATION OF SETTLEMENT signed by Judge Lawrence K. Karlton on 10/23/06 ORDERING that the Court shall retain jurisdiction for purposes of resolving disputes that may arise in connection with the interpretation of the Stipulation or the implementation of the settlement. Pltfs and Friant dfts are DIRECTED to meet and confer concerning the selection of the Restoration Administrator and to submit a Proposed Order Appointing Restoration Administrator to the Court for approval. The parties shall attempt to negotiate an award of pltfs' reasonable attorneys' fees and costs. Pltfs may file a Notice of Motion and Motion for Attorney's Fees and Costs w/in 30 days of the entry of the judgment in this action. (Attachments: # (1) Stipulation of Settlement).(Duong, D)
January 10, 2008
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ORDER signed by Judge Lawrence K. Karlton on 1/10/08: Ane D. Deister is appointed as the Restoration Administrator under the terms and conditions of the Settlement. (Kaminski, H)
June 8, 2010
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SUBSTITUTION OF ATTORNEY ORDER signed by Senior Judge Lawrence K. Karlton on 06/08/10 ORDERING that Jacqueline L. McDonald is SUBSTITUTED in as counsel for Saucelito Irrigation District; attorney Alex Marshall Peltzer terminated. (Benson, A.)
August 5, 2010
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STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 08/04/10 ORDERING substitution of Friant Water Authority in place and stead of Friant Water Users Authority. (Williams, D)
May 14, 2012
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RELATED CASE ORDER signed by Judge Lawrence K. Karlton on 5/14/12 ORDERING that the action denominated CIV. NO. F-12-0583 LJO/SMS is reassigned to Judge Lawrence K. Karlton and Magistrate Judge Gregory G. Hollows for all further proceedings. Any dates currently set in the reassigned case only, are hereby VACATED. Henceforth, the caption on documents filed in the reassigned case shall be shown as CIV. NO. F-12-0583 LKK/GGH. (Kastilahn, A)
May 28, 2014
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ORDER signed by Judge Lawrence K. Karlton on 5/27/14 ORDERING that he DECLINES to relate the cases. (Kastilahn, A)
July 25, 2017
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STIPULATION and ORDER signed by District Judge John A. Mendez on 07/24/17 ORDERING that Donald M. Davis and Gregory J. Patterson are counsel of record for Friant; Jennifer T. Buckman is terminated. (Benson, A)