Adgett et al
Case Number: 3:2009cv00649
Filed: November 3, 2009
Court: US District Court for the District of Nevada
Office: Torts to Land Office
Presiding Judge:
Presiding Judge: Robert C. Jones
Presiding Judge: Robert A. McQuaid
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: 28:1331 Fed. Question: Tort Action
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Date Filed Document Text
April 12, 2016 Opinion or Order Filing 202 ORDER OF DISMISSAL WITH PREJUDICE - In accordance with the terms of the class action settlement approved by the Court in these related actions each and every action captioned here and each and every claim alleged in each such action is hereby DISMISSED WITH PREJUDICE, each party to bear their own costs and expenses of litigation including attorneys' fees. Signed by Judge Lloyd D. George on 4/12/2016. (Copies have been distributed pursuant to the NEF - DRM)
March 31, 2016 Opinion or Order Filing 200 ORDER - Anticipating the agreed upon global settlement in this class action and the dismissal of the FTCA cases, the following motions to set trial are denied without prejudice:Kroshus v. United States, 3:08-cv-0246-LDG (#882)Uhouse v. Bureau of Reclamation, 3:08-0285-LDG (#478)Adamson v. United States, 3:08-cv-621-LDG (#457)Moore v. United States, 3:09-cv-0167-LDG (#255)Adgett v. United States Department of Interior, 3:09-cv-0649-LDG (# 195 )Kroshus v. United Stat es, 3:09-cv-0713-LDG (#416)Adamson v. United States Department of Interior, 3:09-cv-0715-LDG (#398)Ames v. Unites States, 3:10-cv-0463-LDG (#146)Signed by Judge Lloyd D. George on 3/31/2016. (Copies have been distributed pursuant to the NEF - KR)
September 30, 2015 Opinion or Order Filing 198 ORDER denying the following motions: Kroshus v. United States, 3:08-cv-0246-LDG Plaintiffs renewal and reinstatement of motion for summary judgment on the issue of the Bureau of Reclamations level of flows through the Truckee Canal (#879). Kroshus v. United States, 3:09-cv-0713-LDG Plaintiffs renewal and reinstatement of motion for summary judgment regarding the level of flows through the Truckee Canal (#413). The dispositive motions involving the United States are the next matters on this court's docket. Signed by Judge Lloyd D. George on 9/30/15. (Copies have been distributed pursuant to the NEF - JC)
September 26, 2014 Opinion or Order Filing 194 ORDER - The following motions are DENIED without prejudice subject to their reinstatement by the court in the due course of the aforementioned proceedings: Kroshus v. United States, 3:08-cv-0246-LDG Plaintiff Judy Kroshus renewal and reinstatement of motion for summaryjudgment regarding the level of flows through the Truckee Canal (#875) Moore v. United States, 3:09-cv-0167-LDG United States motion for summary judgment regarding discretionary function immunity ( #219) Adgett v. United States, 3:09-cv-0649-LDG United States motion for summary judgment regarding discretionary function immunity (# 161 ) Kroshus v. United States, 3:09-cv-0713-LDG Plaintiffs renewal and reinstatement of mot ion for summary judgment regarding the level of flows through the Truckee Canal (#409) Adamson v. United States, 3:09-cv-0715-LDG United States motion for summary judgment regarding discretionary function immunity (#170) Ames v. United States, 3:10-cv-0463-LDG United States motion for summary judgment regarding discretionary function immunity (#112) Signed by Judge Lloyd D. George on 9/26/2014. (Copies have been distributed pursuant to the NEF - DRM)
March 31, 2014 Opinion or Order Filing 193 THE COURT HEREBY ORDERS that the following motions are DENIED without prejudice subject to their reinstatement by the court: Adamson v. United States , 3:08-cv-00621-LDG. United States' #25 Motion to dismiss, United States&# 039; #212 Motion for summary judgment as to Ten Specific Claims, and Plaintiffs' #446 Motion to dismiss renewal and reinstatement of motions. Moore v. United States , 3:09-cv-0167-LDG. Plaintiffs' #244 Motion to dismiss United States renewal United States' renewal and reinstatement of motions. Adgett v. United States , 3:09-cv-0649-LDG. Plaintiffs' # 184 Motion to dismiss United States renewal and reinstatement of motions. Adamson v. United States , 3:09-cv-0715-LDG. Plaintiffs' #387 Motion to dismiss United State' renewal and reinstatement of motions. Ames v. United States , 3:10-cv-0463-LDG. Plaintiffs' #27 Motion to convert mo tion to dismiss to motion for summary judgment, and Plaintiffs #135 Motion to dismiss United States' renewal and reinstatement of motion to dismiss. Signed by Judge Lloyd D. George on 3/31/2014. (Copies have been distributed pursuant to the NEF - DRM)
March 27, 2013 Opinion or Order Filing 183 ORDER - The following motions are DENIED without prejudice subject to their reinstatement by the court in the due course of the aforementioned proceedings: Uhouse v. Bureau of Reclamation , 3:08-cv-0285-LDG : Plaintiffs' motio n to reconsider the magistrate judges order denying plaintiffs' motion to enforce settlement (#428) Adamson v. United States , 3:08-cv-0621-LDG : Motion for summary judgment as to ten specific claims (#212) Moore v. Unit ed States , 3:09-cv-0167-LDG : Motion to set date for trial (#215) Adgett v. United States , 3:09-cv-0649-LDG : Motion for summary judgment as to ten specific claims (# 147 ), and Motion to set a date for trial (# 157 ) Adamson v. United States , 3:09-cv-0715-LDG : Motion for summary judgment as to ten specific claims (#149), and Renewed motion to dismiss claims of 168 enumerated plaintiffs as untimely (#166) Ames v. United States , 3:10-cv-0463-LDG : Motion to set a date for trial (#108) Signed by Judge Lloyd D. George on 3/27/2013. (Copies have been distributed pursuant to the NEF - DRM)
January 10, 2013 Opinion or Order Filing 181 ORDER GRANTING SPECIALLY APPEARING TRC's 174 MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT. (See pdf Order for specifics) (Copies have been distributed pursuant to the NEF - DRM)
September 28, 2012 Opinion or Order Filing 168 ORDER - the United States' renewal and reinstatement of # 137 Motion to dismiss is DENIED without prejudice. FURTHER ORD that Ps' # 135 Motion to set a trial date is DENIED without prejudice. FURTHER ORD that, as Ps Catherine McDermed an d Lyndsay Wilday have failed to oppose the United States' motion to dismiss and have not filed objections to the magistrate judges # 146 Report recommending granting the # 136 Motion, and good cause appearing, the United States # 136 Motion to dismiss for lack of prosecution regarding claims of Catherine McDermed and Lyndsay Wilday is GRANTED. Signed by Judge Lloyd D. George on 9/28/2012. (Copies have been distributed pursuant to the NEF - DRM)
September 26, 2011 Opinion or Order Filing 128 THE COURT HEREBY ORDERS that the United States motions for summary judgment regarding Flood Control Act immunity in Adamson v. United States (Adamson I), 3:08-cv-621-LDG-RAM (#127); Moore v. United States, 3:09-cv-167-LDG-RAM (#120); Adgett v. United States, 3:09-cv-649-LDG-RAM ( 74 ); Adamson v. United States (Adamson II), 3:09-cv-715-LDG-RAM (#78); and Ames v. United States, 3:10-cv-463-LDG-RAM (#33) are DENIED. Signed by Judge Lloyd D. George on 9/26/2011. (Copies have been distributed pursuant to the NEF - KO)
August 12, 2011 Opinion or Order Filing 123 ORDER. THE COURT HEREBY ORDERS that the United States motion to dismiss VictoriaLopez Lasane in Adgett 20 is GRANTED, and its motion to dismiss Hayley McGrath andHazyn McGrath in Adgett 20 is DENIED as moot. THE COURT FURTHER ORDERS tha t the United States motion to dismiss duplicative claims in Adamson II 21 is GRANTED. THE COURT FURTHER ORDERS that the United States motion to dismiss plaintiffs identified as minors in Adamson I 25 is GRANTED. THE COURT FURTHER ORDERS t hat the United States motion to dismiss debtors in bankruptcy in Adamson II 23 is GRANTED as to plaintiff Jeremy Gottlieb and DENIED without prejudice as to plaintiffs James and Denise Spracklin. Signed by Judge Lloyd D. George on 8/12/2011. (Copies have been distributed pursuant to the NEF - MLC)
August 4, 2011 Opinion or Order Filing 122 ORDER GRANTING 97 MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT re 119 Proposed Order. Signed by Magistrate Judge Robert A. McQuaid, Jr on 8/4/2011. (Copies have been distributed pursuant to the NEF - PM)
June 3, 2011 Opinion or Order Filing 110 ORDER GRANTING 106 Motion for Substitution of Party. Plaintiff Kandi Morello, Special Administrator of the Estate of Robert Joseph Morello aka Robert J. Morello aka Robert Morello substituted for the deceased, Plaitniff Robert Morello. Signed by Magistrate Judge Robert A. McQuaid, Jr on 6/3/2011. (Copies have been distributed pursuant to the NEF - DRM)
April 18, 2011 Opinion or Order Filing 103 ORDER. The following motions will be heard by the court on Monday, June 13, 2011, in Reno,Nevada, at 9:00 am in a courtroom to be determined and posted at a later date; and continued, ifnecessary, to Tuesday, June 14, 2011, at 9:00 am.Adamson v. Uni ted States (Adamson I), 3:08-cv-621-LDG-RAMUnited States motion to dismiss (#25) (denied without prejudice to reconsideration ofissues on summary judgment) (reinstated for purposes of this hearing)United States motion for summary judgment regarding F lood Control Act immunity(#127)Moore v. United States, 3:09-cv-167-LDG-RAMUnited States motion to dismiss (#9) (denied without prejudice to reconsideration ofissues on summary judgment) (reinstated for purposes of this hearing)United States motion fo r summary judgment regarding Flood Control Act immunity(#120)Adgett v. United States, 3:09-cv-649-LDG-RAMUnited States motion to strike jury demand (#19) (denied without prejudice toreinstatement)United States motion to dismiss duplicative claims (#2 0) (denied without prejudice toreinstatement)United States motion to dismiss (#21) (denied without prejudice to reinstatement)United States motion for summary judgment regarding Flood Control Act immunity (#74)Adamson v. United States (Adamson II), 3 :09-cv-715-LDG-RAMUnited States motion to strike jury demand (#20) (denied without prejudice toreinstatement)United States motion to dismiss duplicative claims (#21) (denied without prejudice toreinstatement)United States motion to dismiss (#23) (den ied without prejudice to reinstatement)United States motion for summary judgment regarding Flood Control Act immunity (#78)Ames v. United States, 3:10-cv-463-LDG-RAMUnited States motion to dismiss (#15)United States motion to strike claims of prejudg ement interest and attorneys fees (#17)Plaintiffs motion to convert motion to dismiss to motion for summary judgment (#27)United States motion for summary judgment regarding Flood Control Act immunity (#33). ( Motion Hearing set for 6/13/2011 09:00 AM before Judge Lloyd D. George.) Signed by Judge Lloyd D. George on 4/18/2011. (Copies have been distributed pursuant to the NEF - MLC)
April 12, 2011 Opinion or Order Filing 98 ORDER. The following FTCA jurisdictional and related FTCA non-Flood Control Act motions will be heard by the court at the April 18, 2011, hearing in Reno: Adamson v. United States (Adamson I), 3:08-cv-621-LDG-RAM: United States' motion to dismiss (#25) (denied without prejudice to reconsideration of issues on summary judgment) (reinstated for purposes of this hearing); Moore v. United States, 3:09-cv-167-LDG-RAM: United States' motion to dismiss (#9) (deni ed without prejudice to reconsideration of issues on summary judgment) (reinstated for purposes of this hearing); Adgett v. United States, 3:09-cv-649-LDG-RAM: United States' 27 motion to strike jury demand (denied without prejud ice to reinstatement) United States' 20 motion to dismiss duplicative claims (denied without prejudice to reinstatement) United States' 21 motion to dismiss (denied without prejudice to reinstatement) Adamson v. Unit ed States (Adamson II), 3:09-cv-715-LDG-RAM: United States' motion to strike jury demand (#20) (denied without prejudice to reinstatement) United States' motion to dismiss duplicative claims (#21) (denied without prejudice to rei nstatement) United States' motion to dismiss (#23) (denied without prejudice to reinstatement) Ames v. United States, 3:10-cv-463-LDG-RAM: United States' motion to dismiss (#15) United States' motion to str ike claims of prejudgement interest and attorneys fee (#17) Plaintiffs' motion to convert motion to dismiss to motion for summary judgment (#27). Signed by Judge Lloyd D. George on 4/12/2011. (Copies have been distributed pursuant to the NEF - KO)
March 16, 2011 Opinion or Order Filing 92 ORDER. The Court hereby ORDERS that a video conference hearing presided over by this court in Las Vegas from Courtroom 6B at the Lloyd D. George United States Courthouse to Courtroom 6 in Reno at the Bruce R. Thompson United States Courthouse and F ederal Building shall be conducted on Thursday, March 24, 2011, at 2:00 p.m. to hear arguments on the following motions:Adamson, et al. v. United States (Adamson I), 3:08-cv-621-LDG-RAM: United States' motion to strike class al legations (dkt #26) (denied without prejudice to subsequent reinstatement); Moore, et al. v. United States, 3:09-cv-167-LDG-RAM:United States' motion to strike class action allegations (dkt #10) (denied without prejudice to reco nsideration in ruling on the motion for class certification)Plaintiffs' motion for class certification (dkt #68);Adamson, et al. v. United States (Adamson II), 3:09-cv-715-LDG-RAM:United States' motion to strike class action allegations (dkt #22) (denied for case management purposes without prejudice to reinstatement). Signed by Judge Lloyd D. George on 3/16/2011. (Copies have been distributed pursuant to the NEF - KO)
November 16, 2010 Opinion or Order Filing 65 CONFIDENTIALITY ORDER re # 64 Stipulated Proposed Order. Signed by Magistrate Judge Robert A. McQuaid, Jr on 11/16/2010. (Copies have been distributed pursuant to the NEF - DRM)
September 27, 2010 Opinion or Order Filing 57 ORDER that, in the interests of case management and the consolidation for oral argument of pending dispositive and consolidation motions, and pending discussion during the video conference hearing of the potential for mediation, the following motions are DENIED without prejudice to their reinstatement following the scheduling of oral argument on pending dispositive and consolidation motions: 19 Motion to Strike denied.; 20 Motion to Dismiss denied.; and 21 Motion to Dismiss denied. (See Attached PDF/Image for Specifics.) Signed by Judge Lloyd D. George on 9/27/10. (Copies have been distributed pursuant to the NEF - BLG)
August 13, 2010 Opinion or Order Filing 51 THE COURT ORDERS that a video conference hearing on TCID's Motion (Ref. Doc. #495 in case no. 3:08-cv-00246) for mediation of all claims shall be conducted on September 15, 2010 at 1:00 PM. The parties in the captioned cases shall be pre sent in Reno, Nevada, in a Courtroom to be designated later by minute order, and Judge Lloyd D. George shall preside from Las Vegas, Nevada. ( See pdf Order for additional specifics ) Signed by Judge Lloyd D. George on 8/13/2010. (Copies have been distributed pursuant to the NEF - DRM)
August 4, 2010 Opinion or Order Filing 50 ORDER APPROVING PROPOSED ORDER RE: Hearing held 08/03/2010 42 Motion for Order Providing For Clawback of Information Inadvertently Disclosed. It is recognized that the prosecution and defense of these related actions will require each party to rev iew and to disclose large quantities of information and documents through the discovery process. (See Order for additional specifics). Signed by Magistrate Judge Robert A. McQuaid, Jr on 08/04/2010. (Copies have been distributed pursuant to the NEF - MLC)
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