Adamson et al v. United States of America, Departmment of the Interior through its Bureau of Reclamation
Case Number: 3:2009cv00715
Filed: December 7, 2009
Court: US District Court for the District of Nevada
Office: Torts to Land Office
Presiding Judge:
Presiding Judge: Larry R. Hicks
Presiding Judge: Robert A. McQuaid
Nature of Suit: None
Cause of Action: U.S. Government Defendant
Jury Demanded By: 28:1346 Tort Claim
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Date Filed Document Text
April 12, 2016 Opinion or Order Filing 404 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 403 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)
September 30, 2015 Opinion or Order Filing 401 ORDER denying without prejudice #879 motion in case 3:08-cv-246; denying without prejudice #413 motion in case 3:09-cv-713. 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 397 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 396 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 States renewal and reinstatement of motions. Ames v. United States , 3:10-cv-0463-LDG. Plaintiffs' #27 Motion to convert motion 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)
March 27, 2013 Opinion or Order Filing 386 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' motion 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. Unite d 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) Adams on 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 328 ORDER GRANTING SPECIALLY APPEARING TRC's 185 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)
December 18, 2012 Opinion or Order Filing 274 ORDER APPROVING 209 Notice of Change of Attorney filed by Kilita Jones. Attorney Robert C. Maddox,Nancy H Jasculca,Vernon E. Leverty,Calvin R.X. Dunlap,Monique Laxalt for Kilita Jones added. Attorney Lee T. Hotchkin, Jr; Robert R. Hager and Treva J. Hearne terminated. Signed by Judge Lloyd D. George on 12/17/12. (Copies have been distributed pursuant to the NEF - JC)
September 28, 2012 Opinion or Order Filing 178 ORDER - The United States' renewal and reinstatement of # 140 Motion to dismiss is DENIED without prejudice. 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 127 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 125 ORDER. THE COURT HEREBY ORDERS that the following motions are DENIED without prejudice to their reinstatement by the court in the due course of the aforementioned proceedings: Kroshus v. United States (Kroshus I), 3:08-cv-00246-LDG-RAM - #541, #543, #544, #545, #546, #547, #548, #549, #550, #551; Uhouse v. Bureau of Reclamation, 3:08-cv-00285-LDG-RAM - #283, #285, #286, #287, #288, #289, #290, #291; Adgett v. United States, 3:09-cv-00649-LDG-RAM - #70; Kroshus v. United States (Kroshus II), 3:09-cv-00713-LDG-RAM - #175, #176, #178, #179, #180, #181, #182, #183, #184, #187; Ames v. United States, 3:10-cv-00463-LDG-RAM - #15 and #27. Signed by Judge Lloyd D. George on 9/22/2011. (Copies have been distributed pursuant to the NEF - KO)
August 12, 2011 Opinion or Order Filing 124 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 th at 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 100 Motion for Good Faith Settlement Determination re: 120 Proposed Order Submission. Signed by Magistrate Judge Robert A. McQuaid, Jr on 8/4/2011. (Copies have been distributed pursuant to the NEF - MLC)
June 10, 2011 Opinion or Order Filing 112 ORDERED that United States' motion to strike class action allegations (#10, filed in Case No. 3:09-cv-00167) is reinstated and GRANTED. FURTHER ORDERED that Ps' motion for class certification (#68, filed in Case No. 3:09-cv-00167) is DENI ED. FURTHER ORDERED that Ps' motion for leave to amend the complaint to name new plaintiffs or, in the alternative, motion to intervene (#138, filed in Case No. 3:09-cv-00167) is DENIED. Signed by Judge Lloyd D. George on 6/9/2011. (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, if necessary, to Tuesday, June 14, 2011, at 9:00 am. Ad amson 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 jud gment 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 of issues on summary judgment) (reinstated for purposes of this hearing) 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 States 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 immu nity (#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 prej udice 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 - Unite d States 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 99 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' motion to strike jury demand (#27) (denied without preju dice 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. U nited States (Adamson II), 3:09-cv-715-LDG-RAM: United States' 20 motion to strike jury demand (denied without prejudice to reinstatement) United States' 21 motion to dismiss duplicative claims (denied without prejudice to re instatement) United States' 23 motion to dismiss (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 29, 2011 Opinion or Order Filing 96 ORDER: THE COURT HEREBY ORDERS that the following motions are DENIED withoutprejudice subject to their reinstatement by the court in the due course of the aforementioned proceedings: Kroshus v. United States (Kroshus I), 3:08-cv-0246-LDG-RAM Defendan t Greater Nevada Builders and Steven F. Campoys renewed motion to dismiss for failure to timely effect service of the complaint and for failure to state aclaim upon which relief can be granted 447 - Federal defendants motion for summary judgment [4 61], Uhouse v. Bureau of Reclamation, 3:08-cv-0285-LDG-RAM, and Federal defendants motion for summary judgment 218 . Moore v. United States, 3:09-cv-0167-LDG-RAM - Plaintiffs motion for certification of class action and for appointment of class cou nsel 68 . Kroshus v. United States (Kroshus II), 3:09-cv-0713-LDG-RAM -Defendant Crisp Development, Inc.s motion to dismiss 71 , Defendants Greater Nevada Builders and Steven F. Campoys motion to dismiss 79 , Defendant Truckee Carson Irrigation D istrict and David P. Overvolds motion to dismiss 83 , and Federal defendants motion for summary judgment 112 . THE COURT FURTHER ORDERS that, as previously indicated in the 10/21/2010 hearing, defendant Truckee Carson Irrigation Districts pending motion for mediation in Kroshus v. United States (Kroshus I) 495 , 3:09-cv-0713-LDG-RAM is GRANTED. THE COURT FURTHER ORDERS that plaintiffs motion to exceed local rule 7-4 page limitation in Adgett v. United States, 3:09-cv-0649-LDG-RAM 34 is GRANTED. Signed by Judge Lloyd D. George on 3/29/2011. (Copies have been distributed pursuant to the NEF - MLC)
March 16, 2011 Opinion or Order Filing 93 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 ( 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 69 CONFIDENTIALITY ORDER re # 68 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 62 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: 20 Motion to Strike denied.; 21 Motion to Dismiss denied.; 22 Motion to Strike denied.; and 23 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 58 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 57 ORDER APPROVING PROPOSED ORDER RE: Hearing held 08/03/2010 48 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)
July 12, 2010 Opinion or Order Filing 51 ORDER GRANTING 50 Motion to Dismiss Claims of Lorillee Babcock. The claims of plaintiff, Lorilee Babcock, are DISMISSED in accordance with Rule 25(a), FRCP. Signed by Judge Lloyd D. George on 07/09/2010. (Copies have been distributed pursuant to the NEF - MLC)
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