United States of America v. Smith

Plaintiff: United States of America
Defendant: Hamilton Smith
Case Number: 1:2012cv00498
Filed: August 6, 2012
Court: Alabama Southern District Court
Office: Mobile Office
County: Mobile
Presiding Judge: Kristi K. DuBose
Referring Judge: Bert W. Milling
Nature of Suit: Environmental Matters
Cause of Action: 33:1319
Jury Demanded By: Defendant

Available Case Documents

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Date Filed#Document Text
January 26, 2015 185 Opinion or Order of the Court ORDER granting 175 Motion for Disbursement of Funds as set out; granting in part 176 Motion for Partial Satisfaction of Judgment as set out. Signed by Judge Kristi K. DuBose on 1/23/2015. (cmj)
November 24, 2014 167 Opinion or Order of the Court ORDER ADOPTING 163 REPORT AND RECOMMENDATIONS re 117 MOTION for Reimbursement Of Expenses Purusant To Rule 37(c)(2) filed by United States of America. The motion is granted in part, with plaintiff being awarded reasonable expenses totaling $10,000 rather than the $35,495 requested. Signed by Judge Kristi K. DuBose on 11/21/2014. (cmj)
September 23, 2014 158 Opinion or Order of the Court JUDGMENT that Governmentsrequest for relief against Smith is DENIED in part and GRANTED in part as follows:1) the Governments request for entry of a permanent injunction against Smith isDENIED; 2) the Governments request for a temporary restorative i njunction against Smith isGRANTED in part as amended and detailed in Doc. 145-1; 3) the Governments request for compensatory mitigation is DENIED; 4) the Governments request for a $1,500,000 civil penalty is DENIED as to the amountand GRANTED as to a form of relief. Smith is ORDERED to pay a CWA civil penaltyof $78,000; and 5) It is further ORDERED that pursuant to Rule 53(a)(1)(C) of the Federal Rules of Civil Procedure, the Court has appointed a consultant, Gene Todia, to monitor compliance with the temporary restorative injunction set forth in Doc. 145-1, (Doc. 152), and that Smith is ORDERED to pay, in annual installments, the cost of the Courts consultant. Signed by Judge Kristi K. DuBose on 9/23/2014. (cmj)
June 4, 2014 132 Opinion or Order of the Court Order for the Government to file a restoration plan as well as a separate brief addressing the issue of temporal loss by 6/17/2014. Smith shall file a restoration plan as well as a separate Response to the Government's temporal loss brief by 7/1/2014. The Government shall file a reply to Smith's plan by 7/8/2014. Signed by Judge Kristi K. DuBose on 6/4/2014. copies to parties. (sdb)
May 9, 2014 106 Opinion or Order of the Court ORDER re: 100 Renewed Motion for Judgment as a Matter of Law, or alternatively, Rule 59 Motion for New Trial. It is granted as to Dam D and denied as to Dam C. The Rule 59 Motion for New Trial is denied.. Signed by Judge Kristi K. DuBose on 5/9/2014. (cmj)
January 27, 2014 59 Opinion or Order of the Court Order re: 58 Stipulation Regarding Jury Demand And Bifurcation filed by United States of America. The Court construes the 58 Stipulation as a Joint Motion to Bifurcate trial and GRANTS the motion as further set out. The Phase I trial is s et for Jury Selection on April 1, 2014 at 8:45 a.m., for trial sometime during the month of April 2014. The specific dates and times for both the Phase I trial (jury) and Phase II trial (non-jury) will be determined at the Final Pretrial Conference. Signed by Judge Kristi K. DuBose on 1/27/2014. copies to parties, copy mailed to Ignacia S. Moreno (sdb).
December 18, 2013 55 Opinion or Order of the Court ORDER denying Plaintiff's 47 Motion for Summary Judgment as set out. Signed by Judge Kristi K. DuBose on 12/18/2013. (cmj)
March 28, 2013 25 Opinion or Order of the Court ORDER denying 16 Motion to Bifurcate as set out. Signed by Judge Kristi K. DuBose on 3/27/2013. (cmj)

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Plaintiff: United States of America
Represented By: Martin Francis McDermott
Represented By: Gary A. Moore
Represented By: Ignacia S. Moreno
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Defendant: Hamilton Smith
Represented By: Mark D. Ryan
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