Kroshus et al v. United States of America, et al
Case Number: 3:2009cv00713
Filed: December 7, 2009
Court: US District Court for the District of Nevada
Office: Real Property: Other Office
Presiding Judge:
Presiding Judge: Robert C. Jones
Presiding Judge: Robert A. McQuaid
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 28:1983 Civil Rights
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Date Filed Document Text
April 12, 2016 Opinion or Order Filing 430 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 426 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 States , 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)
March 14, 2016 Opinion or Order Filing 425 ORDER granting 422 Motion to Approve Final Settlement, Plan of Distribution, Plaintiffs' Counsel Application for Award of Attorneys' Fees and Costs; and an Award to the Class Representatives. Signed by Judge Lloyd D. George on 3/11/16. (Copies have been distributed pursuant to the NEF - JC)
September 30, 2015 Opinion or Order Filing 418 ORDER denying without prejudice 413 Motion for Summary Judgment; denying without prejudice #879 motion in case 3:08-cv-246. Signed by Judge Lloyd D. George on 9/30/2015. (Copies have been distributed pursuant to the NEF - KR)
September 26, 2014 Opinion or Order Filing 412 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 a nd 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 motion 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 411 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. A damson 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 moti on to dismiss to motion for summary judgment, and Plaintiff's #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)
January 29, 2014 Opinion or Order Filing 410 ORDER TO DISMISS Plaintiffs' Complaint and All Claims Against TRC Engineers Inc f/k/a VPoint Engineering, Martin Ugalde, Robert Bidart, and Michael Bidart With Prejudice. Signed by Judge Lloyd D. George on 01/23/2014. (Copies have been distributed pursuant to the NEF - KR)
January 10, 2013 Opinion or Order Filing 391 ORDER GRANTING TRC DEFENDANTS' MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT. (See pdf Order for specifics) Signed by Judge Lloyd D. George on 1/9/2013. (Copies have been distributed pursuant to the NEF - DRM)
January 7, 2013 Opinion or Order Filing 390 ORDER APPROVING Fairness of Settlement re 382 Motion for Determination of Good Faith Settlement. Signed by Judge Lloyd D. George on 12/26/12. (Copies have been distributed pursuant to the NEF - JC)
October 23, 2012 Opinion or Order Filing 378 THE COURT HEREBY ORDERS that D. Michael Schoenfeld's August 20, 2012, appointment by the court as special master in this case is TERMINATED. Re 377 Letter. Signed by Judge Lloyd D. George on 10/16/2012. (Copies have been distributed pursuant to the NEF - DRM)
September 28, 2012 Opinion or Order Filing 373 ORDER - The United States' renewal and reinstatement of # 286 Motion for summary judgment is DENIED without prejudice. FURTHER ORD a hearing shall be conducted on the United States' # 112 Motion for summary judgment on Monday, the 14 th day of January, 2013, at 9:00 a.m. The location of the hearing shall be set by subsequent minute order. FURTHER ORD that defendants City of Fernley's and County of Lyon's unopposed # 310 motion to dismiss are GRANTED. FURTHER ORD that the United States' # 293 Motion to strike Ps' response is DENIED. Signed by Judge Lloyd D. George on 9/28/2012. (Copies have been distributed pursuant to the NEF - DRM)
August 21, 2012 Opinion or Order Filing 365 AMENDED ORDER APPOINTING SPECIAL MASTER Re: 364 Order. D. Michael Schoenfeld is hereby appointed as Special Master in the above matters toswiftly receive written and oral arguments of counsel and make a written recommendation to the Court as to which of the 59 plaintiffs in Kroshus II not included in the Reimers class should be considered eligible to be included in the class members who will share in the settlement proceeds. Mr. Schoenfeld shall coordinate directly with counsel, and then promptly submit his writtenrecommendation directly to the Court, with a copy to all participating counsel.Mr. Schoenfeld's fee for his services shall be at the same rate per hour ($540) that has been in place since his appointment as a mediator. Counsel shall pay Mr. Schoenfeld's invoice(s) within thirty days of presentation.IT IS SO ORDERED. Signed by Judge Lloyd D. George on 8/20/2012. (Copies have been distributed pursuant to the NEF - MLC)
August 20, 2012 Opinion or Order Filing 364 ORDER. D. Michael Schoenfeld is hereby appointed as Special Master in the above matters to swiftly receive written and oral arguments of counsel and make a written recommendation to the Court as to which of the 59 plaintiffs in Kroshus II not includ ed in the Reimers class should be considered eligible to be included in the class members who will share in the settlement proceeds. Mr. Schoenfeld shall coordinate directly with counsel, and then promptly submit his written recommendation directly to the Court, with a copy to all participating counsel.Mr. Schoenfeld's fee for his services shall be at the same rate per hour ($450) that has been in place since his appointment as mediator. Counsel shall pay Mr. Schoefeld's invoice(s) within thirty days of presentation.IT IS SO ORDERED. Signed by Judge Lloyd D. George on 8/20/2012. (Copies have been distributed pursuant to the NEF - HJ)
August 17, 2012 Opinion or Order Filing 363 ORDER GRANTING 640 (in case 3:08-cv-246-LDG) Defendant KEYSTONE REALTY's Motion for Determination of Good Faith Settlement, each party to bear its own attorney fees and costs. All claim, whether known or unknown, against Defendant KEYSTONE for contribution and/or equitable indemnity are extinguished. (See Order for specifics.) Signed by Judge Lloyd D. George on 8/17/2012. (Copies have been distributed pursuant to the NEF - MLC)
May 10, 2012 Opinion or Order Filing 361 ORDER GRANTING 822 (3:08-cv-246) Motion/Substitution of Attorney. Cal Eilrich is substituted in place of Newel B. Knight for defendant, C.A.L. Investment Properties. Signed by Judge Lloyd D. George on 5/10/2012. (Copies have been distributed pursuant to the NEF - MLC)
March 30, 2012 Opinion or Order Filing 346 ORDER. IT IS HEREBY ORDERED that defendants 275 motion to dismiss for abstention and to stay proceedings and the 287 supplement to motion to dismiss and motion to strike plaintiff's complaint are DENIED without prejudice. FURTHER ORDERED, plaintiffs shall have 60 days from the date of this order in which to file their response to the affidavit of merit argument raised by defendants, and defendants shall have 30 days from the date of plaintiffs' response in which to file a reply. Signed by Judge Lloyd D. George on 3/30/2012. (Copies have been distributed pursuant to the NEF - KO)
February 17, 2012 Opinion or Order Filing 336 ORDER Re: Stipulation of Dismissal With Prejudice. IT IS ORDERED that the claims asserted by plaintiffs Manfred Jurgeit and Jeanie Jurgeit against defendants ReMax Realty and Judy Ashton only be dismissed with prejudice. IT IS FURTHER ORDERED that each party will bear its own attorneys' fees and costs. Signed by Judge Lloyd D. George on 2/17/2012. (Copies have been distributed pursuant to the NEF - MLC)
December 15, 2011 Opinion or Order Filing 317 ORDER APPROVING Compromise of Minor's Claim for Adriana Noriega (A Minor Child). Signed by Magistrate Judge Robert A. McQuaid, Jr on 12/15/2011. (Copies have been distributed pursuant to the NEF - MLC) STRICKEN SEE 318 . Modified on 12/15/2011 to reflect re-docketed into the correct docket 3:08-00246-LDG-RAM.
November 15, 2011 Opinion or Order Filing 294 ORDER GRANTING Defendants Re/Max Realty Professionals and Judy Ashton's 231 Motion for Good Faith Determination, each party to bear their own attorneys' fees and costs. All claims, whether known or unknown, against Re/Max Realty and Judy Ashton for contribution and/or equitable indemnity are hereby extinguished. Signed by Magistrate Judge Robert A. McQuaid, Jr on 11/15/2011. (Copies have been distributed pursuant to the NEF - MLC)
September 26, 2011 Opinion or Order Filing 285 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)
September 23, 2011 Opinion or Order Filing 284 THE COURT HEREBY ORDERS: that in Kroshus v. United States (Kroshus I), 3:08-cv-00246-LDG-RAM, defendant Lynon Countys #564 is DENIED as moot; that in Kroshus v. United States (Kroshus II), 3:09-cv-00713-LDG-RAM, defendant Lyo n Countys 195 motion for summary judgment is DENIED as moot; that in Adgett v. United States, 3:09-cv-00649-LDG-RAM, the United States #69 motion to renew and reinstate that motion is DENIED as moot; that in Adgett v. United States, 3:09-cv-00649-LDG-RAM the United States #71 motion to renew and reinstate that motion is DENIED as moot; that in Kroshus v. United States (Kroshus II), 3:09-cv-00713-LDG-RAM, the United States 45 motion to dismiss duplica tive claims by certain plaintiffs is hereby GRANTED;that in Adamson v. United States (Adamson II) 3:09-cv-00715-LDG-RAM, the United States #72 and #73 motions to renew those motions are DENIED as moot; that in Adamson v. United States (Adamson II) 3:09-cv-00715-LDG-RAM, the United States #75 motion to renew that motion is DENIED as moot.
August 12, 2011 Opinion or Order Filing 276 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 that 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 tha t 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 274 ORDER GRANTING MOTION FOR DETERMINATION OF GOOD FAITH REGARDING 268 Proposed Order. Signed by Magistrate Judge Robert A. McQuaid, Jr on 8/4/2011. (Copies have been distributed pursuant to the NEF - PM)
August 2, 2011 Opinion or Order Filing 263 ORDER APPROVING DISBURSEMENT OF SETTLEMENT re 262 Proposed Order Submission filed by Plaintiffs. Signed by Magistrate Judge Robert A. McQuaid, Jr. on 8/1/2011. (Copies have been distributed pursuant to the NEF - HJ)
April 18, 2011 Opinion or Order Filing 225 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. Ada mson 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)United States motion for summary judgm ent regarding Flood Control Act immunity(#127) Moore v. United States, - 3:09-cv-167-LDG-RAM - United States motion to dismiss (#9) (denied without prejudice to reconsideration ofissues on summary judgment) (reinstated for purposes of this h earing)United States motion for summary judgment regarding Flood Control Act immunity(#120) Adgett v. United States, 3:09-cv-649-LDG-RAM -United States motion to strike jury demand (#19) (denied without prejudice toreinstatement) United Stat es motion to dismiss duplicative claims (#20) (denied without prejudice to reinstatement) 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-RAM - United States motion to strike jury demand (#20) (denied without prejudice toreinstatement) United States motion to dismiss duplicative claims (#21) (denied without prejudic e to reinstatement) United States motion to dismiss (#23) (denied 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-RAM - United St ates motion to dismiss (#15) United States motion to strike claims of prejudgement 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 222 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) (den ied 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' motion to strike jury demand (#27) (denied without prej udice to reinstatement) United States' motion to dismiss duplicative claims (#20) (denied without prejudice to reinstatement) United States' motion to dismiss (#21) (denied without prejudice to reinstatement) Adamson v. United 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 reinstatement) 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 strike 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 29, 2011 Opinion or Order Filing 219 ORDER DENYING without prejudice subject to their reinstatement by the Court 112 Motion for Summary Judgment; 71 Motion to Dismiss; 79 Motion to Dismiss; and 83 Motion to Dismiss. Signed by Judge Lloyd D. George on 3/29/2011. FURTHER ORDERED that previously indicated in the 10/21/2010 hearing, defendant TCID's pending motion for mediation 495 is GRANTED. (Copies have been distributed pursuant to the NEF - MLC) Modified on 3/29/2011 to reflect FURTHER ORDERED. RE-NEF to counsel. (MLC).
March 16, 2011 Opinion or Order Filing 215 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 Federal 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 a llegations (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 rec onsideration 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 154 CONFIDENTIALITY ORDER re # 153 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 147 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: 22 Motion to Dismiss denied.; 34 Motion to Dismiss denied.; 45 Motion to Dismiss denied.; and 46 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 138 THE COURT ORDERS that a video conference hearing on TCID's 135 Motion for mediation of all claims shall be conducted on September 15, 2010 at 1:00 PM. The parties in the captioned cases shall be present 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 136 ORDER APPROVING PROPOSED ORDER RE: Hearing held 08/03/2010 111 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 re view 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)
July 12, 2010 Opinion or Order Filing 123 ORDER GRANTING 120 Motion to Dismiss. IT IS ORDERED, in accordance with Rule 25(a), the claims of plaintiff Lorilee Babock are hereby dismissed. Signed by Judge Lloyd D. George on 7/9/2010. (Copies have been distributed pursuant to the NEF - KO)
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