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13-2262 - Richland/Wilkin Joint Powers Authority v. United States Army Corps of Engineers et al


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13-2262 - Richland/Wilkin Joint Powers Authority v. United States Army Corps of Engineers et al
August 14, 2014
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MEMORANDUM, OPINION AND ORDER 1)Granting defendant's 53 Motion for Preliminary Injunction as follows: a) The parties in this action and their officers, agents, and employees, and all others acting in concert or participation with them are enjoined from prosecuting and pursuing relief in the lawsuit filed June 13, 2014 by Plaintiff in the State of Minnesota District Court, Eighth Judicial District, County of Wilkin. b) This injunction shall remain in effect until a final judgment is entered in this action and all appellate rights are exhausted or until further order of the Court. 2) Granting Minnesota Department of Natural Resources 76 Motion to Appear as Amicus Curiae (Written Opinion). Signed by Judge John R. Tunheim on August 14, 2014. (DML)
May 13, 2015
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MEMORANDUM OPINION AND ORDER granting 122 Richland/Wilkin Joint Powers Authority's Motion for Preliminary Injunction until further order of this Court; granting 141 federal defendants' Partial Motion to Dismiss; granting in part and denying in part 145 the Fargo-Moorhead Flood Diversion Board of Authority's Motion to Dismiss; granting 185 the State of North Dakota's Motion to Appear as Amicus Curiae. (Written Opinion). Signed by Judge John R. Tunheim on May 13, 2015. (HAZ)
June 24, 2015
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MEMORANDUM OPINION AND ORDER denying 197 Motion to Stay the Court's 197 preliminary injunction order; waiving security requirement of Fed. R. Civ. P. 65(c); granting State of Minnesota's 202 Motion to Appear as Amicus Curiae (Written Opinion). Signed by Judge John R. Tunheim on June 24, 2015. (DML)
July 8, 2015
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MEMORANDUM OPINION AND ORDER granting 243 Motion to Intervene (Written Opinion). Signed by Chief Judge John R. Tunheim on July 8, 2015. (HAZ)
July 28, 2015
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MEMORANDUM OPINION AND ORDER granting 252 Motion to Clarify the Preliminary Injunction Order. The Preliminary Injunction entered against the Fargo-Moorhead Flood Diversion Board of Authority on May 13, 2015 193 is MODIFIED, at Paragraph 4 of Page 53, as noted in this Order.(Written Opinion) Signed by Chief Judge John R. Tunheim on July 28, 2015. (DML)
March 31, 2016
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ing defendant U.S. Army Corps of Engineers 300 Motion for Summary Judgment on Counts I and II. (Written Opinion) Signed by Chief Judge John R. Tunheim on March 31, 2016. (DML)MEMORANDUM OPINION AND ORDER denying plaintiff's 254 Motion for Summary Judgment on Counts I and II; granting defendant Fargo-Moorhead Flood Diversion Board of Authority's 298 Cross Motion for Summary Judgment on Counts I and II; grant
December 16, 2016
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ORDER relating to the 344 Motion to Reinstate U.S. Army Corps of Engineers as an Active Defendant and to Supplement Pleadings. The Court directs the U.S. Army Corps of Engineers to respond to the following questions: (1) whether the Court has authority to reinstate the U.S. Army Corps of Engineers as an active defendant pursuant to Fed. R. Civ. P. 60(b), and if so (2) whether Plaintiff met its burden to show reinstatement is appropriate under Fed. R. Civ. P. 60(b)(2), (b)(5), or (b)(6). (Written Opinion). Signed by Chief Judge John R. Tunheim on December 16, 2016. (DML)
January 13, 2017
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MEMORANDUM OPINION AND ORDER granting 382 Minnesota Department of Natural Resources' Motion to Intervene (Written Opinion). Signed by Chief Judge John R. Tunheim on January 13, 2017. (HAZ)
February 24, 2017
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MEMORANDUM OPINION AND ORDER:1) Richland/Wilkin Joint Powers Authority's 341 Motion for Partial Summary Judgment is DENIED and DISMISSED without prejudice; 2) Richland/Wilkin Joint Powers Authority's 344 Motion to Reinstate the U.S. Army Corps of Engineers as an Active Defendant and to Supplement the Pleadings is GRANTED in part and DENIED in part. a. The motion is GRANTED as to reinstatement of the U.S. Army Corps of Engineers as an active defendant and as to reinstatement of the NEPA claim against the U.S. Army Corps of Engineers. b. The motion is DENIED as to the reinstatement of the NEPA claim against the Fargo-Moorhead Flood Diversion Board of Authority. c. The motion is DENIED as to the reinstatement of the state and local permitting law claim against the Fargo-Moorhead Flood Diversion Board of Authority. d. The motion is GRANTED as to leave for Richland/Wilkin Joint Powers Authority and the Minnesota Department of Natural Resources to file supplemental pleadings.; 3) Fargo-Moorhead Flood Diversion Board of Authority's 351 Motion for Summary Judgment is DENIED and DISMISSED without prejudice; 4) Fargo-Moorhead Flood Diversion Board of Authority's 365 Motion for Summary Judgment Judgment and to Lift the Preliminary Injunction is DENIED in part, as follows: a. The motion is DENIED as to City of Oxbow's request for summary judgment. This portion of the motion is DISMISSED without prejudice. b. The Court declines to resolve at this time the portion of the motion requesting the lifting of the preliminary injunction. The parties are ordered to meet with the Magistrate Judge within two (2) weeks after the supplemental pleadings are filed and discuss whether they can stipulate that, although the Oxbow, Hickson, and Bakke ring levee is part of the Project, the ring levee has independent significance to provide immediate flood protection such that the preliminary injunction can be lifted.; (Written Opinion) Signed by Chief Judge John R. Tunheim on February 24, 2017. (DML)
September 7, 2017
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MEMORANDUM AND OPINION AND ORDER: Granting Defendant-Intervenor Fargo-Moorhead Flood Diversion Board of Authoritys Motion to Dismiss 451; Dismissing with prejudice Count IV of Richland/Wilkin Joint Powers Authoritys Fourth Amended Complaint 419 as applied to the Diversion Authority; Granting in part and denying in part Defendant U.S. Army Corps of Engineers Motion to Dismiss 445; Granting Plaintiff JPAs Motion for a Preliminary Injunction 412 and Plaintiff-Intervenor Minnesota Department of Natural Resources Motion for a Preliminary Injunction 425. The Clerk shall enter judgment on this motion; Denying Plaintiff JPAs Motion for Sanctions 505. (Written Opinion). Signed by Chief Judge John R. Tunheim on 09/07/2017. (JMK)