Rocky Mountain Farmers Union et al v. Corey, et al
Plaintiff: Rocky Mountain Farmers Union, Redwood County Minnesota Corn and Soybeans Growers, Penny Newman Grain, Inc., Growth Energy, Renewable Fuels Association, Rex Nederend, Fresno County Farm Bureau, Nisei Farmers League, California Dairy Campaign, National Petrochemical & Refiners Association, American Trucking Associations, Center for North American Energy Security, The Consumer Energy Alliance and American Fuels & Petrochemical Manufacturers Association fka National Petroleum & Refiners Association
Defendant: James N. Goldstene, Mary D. Nichols, Daniel Sperling, John Gioia, John Eisenhut, Barbara Riordan, John R. Balmes, Hector De La Torre, Sandra Berg, Ron Roberts, Alexander Sherriffs, Judith Mitchell, Edmund G. Brown, Jr., Kamala D. Harris, Richard W. Corey, Phil Serna, Dean Florez, Diane Takvorian and Judy Mitchell
Intervenor Defendant: Natural Resources Defense Council, Inc., Sierra Club, Conservation Law Foundation and Environmental Defense Fund
Amicus Curiae: State of Oregon, Brazillian Sugar Cane Industry Association (UNICA), Oregon Petroleum Association, State of Nebraska and Clean Energy Fuels, Inc.
Case Number: 1:2009cv02234
Filed: December 23, 2009
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Fresno
Presiding Judge: Barbara A McAuliffe
Referring Judge: Lawrence J O'Neill
Nature of Suit: Constitutional - State Statute
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 4, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 4, 2019 Opinion or Order Filing 416 ORDER DISMISSING, as Moot, Plaintiffs' Claims Against the Original and 2012 Low Carbon Fuel Standards, signed by Chief Judge Lawrence J. O'Neill on 3/1/19. CASE CLOSED. (Gonzalez, R)
March 1, 2019 Opinion or Order Filing 415 JOINT STATUS REPORT by John R. Balmes, Sandra Berg, Richard W. Corey, Hector De La Torre, John Eisenhut, Dean Florez, John Gioia, Judy Mitchell, Mary D. Nichols, Barbara Riordan, Ron Roberts, Phil Serna, Alexander Sherriffs, Daniel Sperling, Diane Takvorian. (Meckenstock, Margaret)
March 1, 2019 Opinion or Order Filing 414 PROPOSED ORDER re dismissal of claims against original and 2012 regulations by John R. Balmes, Sandra Berg, Richard W. Corey, Hector De La Torre, John Eisenhut, Dean Florez, John Gioia, Judy Mitchell, Mary D. Nichols, Barbara Riordan, Phil Serna, Alexander Sherriffs, Daniel Sperling, Diane Takvorian. (Meckenstock, Margaret)
February 12, 2019 Opinion or Order Filing 413 MINUTE ORDER: (TEXT ENTRY ONLY) In accordance with the Ninth Circuit's January 18, 2019 Opinion #411 and subsequent Mandate #412 , the Parties are directed to submit, on or before March 1, 2019, a joint proposed form of order dismissing as moot any remaining challenges to the 2011 and 2012 versions of the LCFS. In addition, on or before March 1, 2019, the Parties are directed to submit a brief joint status report outlining whether any further proceedings are anticipated in this Court signed by Chief Judge Lawrence J. O'Neill on February 12, 2019. (Munoz, I)
February 11, 2019 Opinion or Order Filing 412 MANDATE of USCA as to #403 Notice of Appeal, filed by American Fuels & Petrochemical Manufacturers Association fka National Petroleum & Refiners Association, American Trucking Associations, The Consumer Energy Alliance. The judgment of this Court, entered January 18, 2019, takes effect this date. (Marrujo, C)
January 18, 2019 Opinion or Order Filing 411 OPINION of USCA as to #403 Notice of Appeal, #401 Notice of Appeal. The district court's decision as to the Plaintiff's challenges to the 2015 LCFS is AFFIRMED. We VACATE its judgment as to the challenges to the 2011 and 2012 versions of the LCFS and REMAND with instructions to dismiss them as moot. (Jessen, A)
January 18, 2019 Opinion or Order Filing 410 ORDER of USCA as to #401 Notice of Appeal, ( Appellees Motion for Judicial Notice, filed March 23, 2018, is DENIED)(Martin-Gill, S)
September 14, 2018 Opinion or Order Filing 409 ORDER of USCA as to #403 Notice of Appeal, filed by American Fuels & Petrochemical Manufacturers Association fka National Petroleum & Refiners Association, American Trucking Associations, The Consumer Energy Alliance, #401 Notice of Appeal,, filed by California Dairy Campaign, Penny Newman Grain, Inc., Rocky Mountain Farmers Union, Redwood County Minnesota Corn and Soybeans Growers, Fresno County Farm Bureau, Nisei Farmers League, Rex Nederend, Renewable Fuels Association, Growth Energy. Appellants Motion to Dispense with Oral Argument is DENIED (Gonzalez, R)
June 26, 2018 Opinion or Order Filing 408 ORDER of USCA as to #403 Notice of Appeal, #401 Notice of Appeal. Oral argument shall take place 9/26/2018 at 9:00 a.m. in Pasadena, CA. (Jessen, A)
April 26, 2018 Opinion or Order Filing 407 ORDER of USCA as to #401 Notice of Appeal. (Oral argument will take place during the week of September 24, 2018 in Pasadena, CA; date to be determined by separate order) (Martin-Gill, S)
September 18, 2017 Opinion or Order Filing 406 USCA CASE NUMBER 17-16882 for #403 Notice of Appeal, filed by American Fuels & Petrochemical Manufacturers Association fka National Petroleum & Refiners Association, American Trucking Associations, The Consumer Energy Alliance. (Martin-Gill, S)
September 18, 2017 Opinion or Order Filing 405 USCA CASE NUMBER 17-16881 for #401 Notice of Appeal, filed by American Fuels & Petrochemical Manufacturers Association fka National Petroleum & Refiners Association, American Trucking Associations, The Consumer Energy Alliance. (Martin-Gill, S)
September 14, 2017 Opinion or Order Filing 404 APPEAL PROCESSED to Ninth Circuit re #403 Notice of Appeal, filed by American Fuels & Petrochemical Manufacturers Association fka National Petroleum & Refiners Association, American Trucking Associations, The Consumer Energy Alliance. Notice of Appeal filed *9/13/2017*, Complaint filed *12/23/2009* and Appealed Order / Judgment filed *8/14/2017*. Court Reporter: *ECRO*. *Fee Status: Paid on 9/13/2017 in the amount of $505.00* (Attachments: #1 Appeal Information) (Jessen, A)
September 13, 2017 Opinion or Order Filing 403 NOTICE of APPEAL by American Fuels & Petrochemical Manufacturers Association fka National Petroleum & Refiners Association, American Trucking Associations, The Consumer Energy Alliance as to #400 Judgment, 398 Judgment. (Filing fee $ 505, receipt number 0972-7261047) (Attachments: #1 Appendix Representation Statement)(Zidlicky, Paul)
September 13, 2017 Opinion or Order Filing 402 APPEAL PROCESSED to Ninth Circuit re #401 Notice of Appeal,, filed by California Dairy Campaign, Penny Newman Grain, Inc., Rocky Mountain Farmers Union, Redwood County Minnesota Corn and Soybeans Growers, Fresno County Farm Bureau, Nisei Farmers League, Rex Nederend, Renewable Fuels Association, Growth Energy. Notice of Appeal filed *9/13/2017*, Complaint filed *12/23/2009* and Appealed Order / Judgment filed *8/14/2017*. Court Reporter: *ECRO*. *Fee Status: Paid on 9/13/2017 in the amount of $505.00* (Attachments: #1 Appeal Information) (Jessen, A)
September 13, 2017 Opinion or Order Filing 401 NOTICE of APPEAL by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union as to #400 Judgment, #347 Order, #258 Order on Motion for Summary Judgment, #260 Order on Motion for Summary Judgment, #322 Order on Motion to Amend the Complaint, 398 Judgment, #370 Order, Set/Reset Deadlines and Hearings, Order on Motion to Amend the Complaint, #389 Order on Motion to Dismiss, #259 Order on Motion for Summary Judgment,, Order on Motion for Preliminary Injunction,. (Filing fee $ 505, receipt number 0972-7260482) (Kinsey, John)
August 14, 2017 Opinion or Order Filing 400 JUDGMENT dated *8/14/2017* pursuant to #399 order. (Sant Agata, S)
August 14, 2017 Opinion or Order Filing 399 ORDER on AFPM Plaintiff's Rule 41(a) #396 Motion to Dismiss Remaining Claim signed by Chief Judge Lawrence J. O'Neill on 8/14/2017. (Sant Agata, S)
August 14, 2017 Opinion or Order Filing 398 JUDGMENT dated *8/14/2017* pursuant to #397 order. (Sant Agata, S)
August 14, 2017 Opinion or Order Filing 397 ORDER on Unopposed Rule 41(a) #395 Motion to Dismiss Remaining Claims signed by Chief Judge Lawrence J. O'Neill on 8/14/2017. CASE CLOSED. (Sant Agata, S)
August 14, 2017 Opinion or Order Filing 396 MOTION to DISMISS by American Fuels & Petrochemical Manufacturers Association fka National Petroleum & Refiners Association, American Trucking Associations, The Consumer Energy Alliance. Attorney Zidlicky, Paul J. added. (Attachments: #1 Proposed Order)(Zidlicky, Paul)
August 11, 2017 Opinion or Order Filing 395 MOTION to DISMISS by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union. (Attachments: #1 Proposed Order on Unopposed Rule 41(a) Motion to Dismiss Remaining Claims)(Kinsey, John)
August 11, 2017 Opinion or Order Filing 394 CLERK'S NOTICE of DOCKET CORRECTION. Please disregard #393 Notice of Voluntary Dismissal. To be refilled under the correct event. (Lundstrom, T)
August 11, 2017 Opinion or Order Filing 393 NOTICE of VOLUNTARY DISMISSAL by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union. (Attachments: #1 Proposed Order Unopposed Rule 41(a) Motion to Dismiss Remaining Claims)(Kinsey, John)
July 14, 2017 Opinion or Order Filing 392 JOINT SCHEDULING REPORT by Rocky Mountain Farmers Union. (Kinsey, John)
June 29, 2017 Opinion or Order Filing 391 ORDER FOR JOINT STATUS REPORT signed by Chief Judge Lawrence J. O'Neill on June 28, 2017. (Munoz, I)
June 28, 2017 Opinion or Order Filing 390 STIPULATION and PROPOSED ORDER for Re: Scheduling Conference re #389 Order on Motion to Dismiss, by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union. (Kinsey, John)
June 16, 2017 Opinion or Order Filing 389 MEMORANDUM DECISION AND ORDER re Defendants' Motions to Dismiss #378 & #380 , signed by Chief Judge Lawrence J. O'Neill on 06/15/2017. (Martin-Gill, S)
January 30, 2017 Opinion or Order Filing 388 MINUTE ORDER: (TEXT ENTRY ONLY) The hearing on Defendants' motions to dismiss [378, 380], currently set for February 24, 2017, is VACATED. The Court will take the matters under submission on the papers pursuant to Local Rule 230(g) signed by Chief Judge Lawrence J. O'Neill on January 30, 2017. (Munoz, I)
January 27, 2017 Opinion or Order Filing 387 REPLY by John R. Balmes, Sandra Berg, Conservation Law Foundation, Richard W. Corey, Hector De La Torre, John Eisenhut, Environmental Defense Fund, Dean Florez, John Gioia, Kamala D. Harris, Judith Mitchell, Judy Mitchell, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Phil Serna, Alexander Sherriffs, Sierra Club, Daniel Sperling, Diane Takvorian re #378 MOTION to DISMISS. (Meckenstock, Margaret)
January 27, 2017 Opinion or Order Filing 386 REQUEST for JUDICIAL NOTICE by John R. Balmes, Sandra Berg, Conservation Law Foundation, Richard W. Corey, Hector De La Torre, John Eisenhut, Environmental Defense Fund, Dean Florez, John Gioia, Kamala D. Harris, Judith Mitchell, Judy Mitchell, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Phil Serna, Alexander Sherriffs, Sierra Club, Daniel Sperling, Diane Takvorian in re #385 Reply to Response to Motion,. (Attachments: #1 Exhibit M, #2 Exhibit N)(Meckenstock, Margaret)
January 27, 2017 Opinion or Order Filing 385 REPLY by John R. Balmes, Sandra Berg, Conservation Law Foundation, Richard W. Corey, Hector De La Torre, John Eisenhut, Environmental Defense Fund, Dean Florez, John Gioia, Kamala D. Harris, Judith Mitchell, Judy Mitchell, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Phil Serna, Alexander Sherriffs, Sierra Club, Daniel Sperling, Diane Takvorian to RESPONSE to #380 MOTION to DISMISS. (Meckenstock, Margaret)
December 12, 2016 Opinion or Order Filing 384 OPPOSITION by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union to #378 MOTION to DISMISS. (Kinsey, John)
December 12, 2016 Opinion or Order Filing 383 RESPONSE by American Fuels & Petrochemical Manufacturers Association fka National Petroleum & Refiners Association, American Trucking Associations, The Consumer Energy Alliance to #380 MOTION to DISMISS. (Martella, Roger)
November 1, 2016 Opinion or Order Filing 382 ORDER SUBSTITUTING ATTORNEY signed by Magistrate Judge Barbara A. McAuliffe on 10/31/2016. Attorney, Sean H. Donahue added for Conservation Law Foundation and Jennifer K. Rushlow, PHV terminated. (Lundstrom, T)
October 18, 2016 Opinion or Order Filing 381 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Conservation Law Foundation. (Donahue, Sean)
October 14, 2016 Opinion or Order Filing 380 MOTION to DISMISS by John R. Balmes, Sandra Berg, Conservation Law Foundation, Richard W. Corey, Hector De La Torre, John Eisenhut, Environmental Defense Fund, Dean Florez, John Gioia, Kamala D. Harris, Judy Mitchell, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Phil Serna, Alexander Sherriffs, Sierra Club, Daniel Sperling, Diane Takvorian. Motion Hearing set for 2/24/2017 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. (Attachments: #1 Memorandum in Support of Motion to Dismiss and for Judgment on the Pleadings)(Meckenstock, Margaret)
October 14, 2016 Opinion or Order Filing 379 REQUEST for JUDICIAL NOTICE by John R. Balmes, Sandra Berg, Conservation Law Foundation, Richard W. Corey, Hector De La Torre, John Eisenhut, Environmental Defense Fund, Dean Florez, John Gioia, Kamala D. Harris, Judy Mitchell, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Phil Serna, Alexander Sherriffs, Sierra Club, Daniel Sperling, Diane Takvorian in re #378 Motion to Dismiss,,. (Attachments: #1 Exhibit A - C, #2 Exhibit D part 1, #3 Exhibit D part 2, #4 Exhibit E - G, #5 Exhibit H - L)(Meckenstock, Margaret)
October 14, 2016 Opinion or Order Filing 378 MOTION to DISMISS by John R. Balmes, Sandra Berg, Conservation Law Foundation, Richard W. Corey, Hector De La Torre, John Eisenhut, Environmental Defense Fund, Dean Florez, John Gioia, Kamala D. Harris, Judy Mitchell, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Phil Serna, Alexander Sherriffs, Sierra Club, Daniel Sperling, Diane Takvorian. Attorney Meckenstock, Margaret Elaine added. Motion Hearing set for 2/24/2017 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. (Attachments: #1 Memorandum)(Meckenstock, Margaret)
August 17, 2016 Opinion or Order Filing 377 MINUTE ORDER (TEXT Only): On August 17, 2016, the Court held a Telephonic Scheduling Conference. Having considered the parties' joint scheduling conference statement and the discussion with the parties, the Court sets the following briefing schedule for Defendants' motion(s) to dismiss and/or motion(s) for judgment on the pleadings: Defendants' motions shall be filed no later than October 14, 2016. Plaintiffs' Oppositions shall be filed no later than December 12, 2016. Defendants' replies, if any, shall be filed no later than January 27, 2017. A hearing on the motion(s) is set forFebruary 24, 2017 at 8:30 a.m. in Courtroom 4 (LJO)before District Judge Lawrence J. O'Neill. Following resolution of the motion(s), the parties SHALL file a status report indicating whether the Court should proceed with setting discovery deadlines. signed by Magistrate Judge Barbara A. McAuliffe on 8/17/2016. (Herman, H)
August 17, 2016 Opinion or Order Filing 376 MINUTES (Text Only) for proceedings before Magistrate Judge Barbara A. McAuliffe on 8/17/2016: BRIEFING SCHEDULING CONFERENCE HELD. Order to follow. Plaintiffs Counsel John Kinsey, John O'Quinn, and Paul Zidlicky appeared telephonically, present. Defendants Counsel M. Elaine Meckenstock and Jonathan Wiener appeared telephonically, present. Intervenor Defendant David Bookbinder appeared telephonically, present. Court Reporter/CD Number: in chambers, off record. (Herman, H)
August 9, 2016 Opinion or Order Filing 375 STATEMENT of JOINT SCHEDULING CONFERENCE by Defendants John R. Balmes, Sandra Berg, Richard W. Corey, Hector De La Torre, John Eisenhut, Dean Florez, John Gioia, Judith Mitchell, Judy Mitchell, Mary D. Nichols, Barbara Riordan, Ron Roberts, Phil Serna, Alexander Sherriffs, Daniel Sperling, Diane Takvorian. Attorney Park, Myung J. added. (Park, Myung)
June 24, 2016 Opinion or Order Filing 374 THIRD AMENDED COMPLAINT against James N. Goldstene by Redwood County Minnesota Corn and Soybeans Growers, Rocky Mountain Farmers Union, California Dairy Campaign, Penny Newman Grain, Inc., Nisei Farmers League, Growth Energy, Rex Nederend, Fresno County Farm Bureau.(Kinsey, John)
June 24, 2016 Opinion or Order Filing 373 SECOND AMENDED COMPLAINT against John R. Balmes, Sandra Berg, Richard W. Corey, Hector De La Torre, John Eisenhut, John Gioia, Kamala D. Harris, Mary D. Nichols, Barbara Riordan, Ron Roberts, Phil Serna, Alexander Sherriffs, Daniel Sperling, Dean Florez, Diane Takvorian, Judy Mitchell by American Trucking Associations, The Consumer Energy Alliance, American Fuels & Petrochemical Manufacturers Association fka National Petroleum & Refiners Association.(Martella, Roger)
June 23, 2016 Opinion or Order Filing 372 MINUTE ORDER (TEXT Only): Based on the Court's review of the joint statement regarding dates and times for the next scheduling conference (Doc. 371), the Court SETS an INITIAL SCHEDULING CONFERENCE for Wednesday, August 17, 2016 at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. A JOINT Scheduling Conference Report, carefully prepared and executed by all parties, shall be electronically filed in full compliance with the requirements set forth in the Order Setting Mandatory Scheduling Conference, one (1) full week prior to the Scheduling Conference. The parties may appear by telephone by joining in on a one-line conference call prior to calling chambers at 559-499-5789. signed by Magistrate Judge Barbara A. McAuliffe on 6/23/2016. (Herman, H)
June 22, 2016 Opinion or Order Filing 371 STATEMENT of all parties regarding dates for next scheduling conference by Defendants John R. Balmes, Sandra Berg, Richard W. Corey, Hector De La Torre, John Eisenhut, John Gioia, James N. Goldstene, Kamala D. Harris, Judith Mitchell, Mary D. Nichols, Barbara Riordan, Ron Roberts, Phil Serna, Alexander Sherriffs, Daniel Sperling, Intervenor Defendants Conservation Law Foundation, Environmental Defense Fund, Natural Resources Defense Council, Inc., Sierra Club re 369 Minute Order,,,, Terminate Deadlines and Hearings,,,. (Meckenstock, Margaret)
June 15, 2016 Opinion or Order Filing 370 MEMORANDUM Decision and ORDER re Plaintiffs' Motions to Amend ( #355 & #358 , signed by Chief Judge Lawrence J. O'Neill on 6/13/16. (Marrujo, C)
June 1, 2016 Opinion or Order Filing 369 MINUTE ORDER (TEXT Only): Due to the pending motion for leave to amend and at the parties' request, the Court VACATES the June 8, 2016 TELEPHONIC STATUS CONFERENCE. The parties are instructed to file a joint statement with the Court within 7 days of the Court's order(s) resolving the pending motions for leave to amend. The joint statement should include proposed dates and times for the continued Initial Scheduling Conference. One week prior to said scheduling conference, a JOINT Scheduling Conference Report, carefully prepared and executed by all parties, shall be electronically filed in full compliance with the requirements set forth in the Order Setting Mandatory Scheduling Conference. If the motion for leave to amend is not resolved within 90 days, the parties shall file a joint status report indicating whether an initial scheduling conference should proceed despite the pending motion. signed by Magistrate Judge Barbara A. McAuliffe on 6/1/2016. (Herman, H)
June 1, 2016 Opinion or Order Filing 368 STATEMENT of all parties regarding Scheduling Conference by Defendants John R. Balmes, Sandra Berg, Richard W. Corey, Hector De La Torre, John Eisenhut, John Gioia, Kamala D. Harris, Judith Mitchell, Mary D. Nichols, Barbara Riordan, Ron Roberts, Phil Serna, Alexander Sherriffs, Daniel Sperling, Intervenor Defendants Conservation Law Foundation, Environmental Defense Fund, Natural Resources Defense Council, Inc., Sierra Club re 354 Minute Order,,,,,,, Set/Reset Deadlines and Hearings,,,,,,. (Meckenstock, Margaret)
May 27, 2016 Opinion or Order Filing 367 RESPONSE by John R. Balmes, Sandra Berg, Conservation Law Foundation, Richard W. Corey, Hector De La Torre, John Eisenhut, Environmental Defense Fund, John Gioia, Kamala D. Harris, Judith Mitchell, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Phil Serna, Alexander Sherriffs, Sierra Club, Daniel Sperling to #365 Order. (Meckenstock, Margaret)
May 20, 2016 Opinion or Order Filing 366 SUPPLEMENT by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union re #365 Order. (Kinsey, John)
May 13, 2016 Opinion or Order Filing 365 ORDER FOR SUPPLEMENTAL BRIEFING signed by Chief Judge Lawrence J. O'Neill on May 13, 2016. (Munoz, I)
April 26, 2016 Opinion or Order Filing 364 MINUTE ORDER: (TEXT ENTRY ONLY) The hearing on Plaintiffs' motions to amend [355, 358], currently set for May 18, 2016, is VACATED. The Court will take the matter under submission on the papers pursuant to Local Rule 230(g) signed by District Judge Lawrence J. O'Neill on April 26, 2016. (Munoz, I)
April 22, 2016 Opinion or Order Filing 363 REPLY by American Fuels & Petrochemical Manufacturers Association fka National Petroleum & Refiners Association, American Trucking Associations, The Consumer Energy Alliance re #355 MOTION to AMEND the #324 Amended Complaint. (Martella, Roger)
April 22, 2016 Opinion or Order Filing 362 REPLY by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union re #358 MOTION to AMEND the #11 Amended Complaint,. (Kinsey, John)
March 25, 2016 Opinion or Order Filing 361 REQUEST for JUDICIAL NOTICE by John R. Balmes, Sandra Berg, Conservation Law Foundation, Richard W. Corey, Hector De La Torre, John Eisenhut, Environmental Defense Fund, John Gioia, Kamala D. Harris, Judith Mitchell, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Phil Serna, Alexander Sherriffs, Sierra Club, Daniel Sperling in re #360 Opposition to Motion, #359 Response,. (Attachments: #1 Exhibit A-F)(Meckenstock, Margaret)
March 25, 2016 Opinion or Order Filing 360 OPPOSITION by John R. Balmes, Sandra Berg, Conservation Law Foundation, Richard W. Corey, Hector De La Torre, John Eisenhut, Environmental Defense Fund, John Gioia, Kamala D. Harris, Judith Mitchell, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Phil Serna, Alexander Sherriffs, Sierra Club, Daniel Sperling to #358 MOTION to AMEND the #11 Amended Complaint,. (Meckenstock, Margaret)
March 25, 2016 Opinion or Order Filing 359 RESPONSE by John R. Balmes, Sandra Berg, Conservation Law Foundation, Richard W. Corey, Hector De La Torre, John Eisenhut, Environmental Defense Fund, John Gioia, Kamala D. Harris, Judith Mitchell, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Phil Serna, Alexander Sherriffs, Sierra Club, Daniel Sperling to #356 Memorandum in Support of Motion, #355 MOTION to AMEND the #324 Amended Complaint. (Meckenstock, Margaret)
February 24, 2016 Opinion or Order Filing 358 MOTION to AMEND the #11 Amended Complaint, by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union. Motion Hearing set for 5/18/2016 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Attachments: #1 Points and Authorities, #2 Exhibit "1" to Points and Authorities, #3 Proposed Order)(Kinsey, John)
February 24, 2016 Opinion or Order Filing 357 PROPOSED ORDER re Granting re #355 MOTION to AMEND the #324 Amended Complaint. (Martella, Roger)
February 24, 2016 Opinion or Order Filing 356 MEMORANDUM by American Fuels & Petrochemical Manufacturers Association fka National Petroleum & Refiners Association, American Trucking Associations, The Consumer Energy Alliance in SUPPORT of #355 MOTION to AMEND the #324 Amended Complaint. (Attachments: #1 Exhibit [Proposed] Second Amended Complaint)(Martella, Roger)
February 24, 2016 Opinion or Order Filing 355 MOTION to AMEND the #324 Amended Complaint by American Fuels & Petrochemical Manufacturers Association fka National Petroleum & Refiners Association, American Trucking Associations, The Consumer Energy Alliance. Motion Hearing set for 5/18/2016 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Martella, Roger)
January 26, 2016 Opinion or Order Filing 354 MINUTE ORDER ***TEXT Only***: On January 25, 2016, the Court held a Telephonic Scheduling Conference. The parties and the Court discussed anticipated motions to amend the operative complaint, related motions for dismissal and the parties' proposed dates and sequencing of motions. Having considered the parties' joint scheduling conference statement, discussion with the parties, and the parties' agreement, the Court sets the following briefing schedule for Plaintiffs' motions to amend their complaints: Plaintiffs' motions to amend shall be filed no later than February 24, 2016. Oppositions by Defendants and Intervenors shall be filed no later than March 25, 2016. Plaintiffs' replies, if any, shall be filed no later than April 22, 2016. A hearing on Plaintiffs' motions to amend is set for May 18, 2016, at 8:30 a.m. in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. Following resolution of the motions to amend, a status conference will be held on June 8, 2016, at 8:30 a.m. in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe to discuss the status of this action and, if appropriate, set a briefing schedule for any motions to dismiss. If the motions to amend are not resolved before June 2016, the Court may continue the status conference sua sponte or at the parties' request. If the motions are resolved, the parties may request that the status conference be advanced. signed by Magistrate Judge Barbara A. McAuliffe on 1/26/2016. (Herman, H)
January 25, 2016 Opinion or Order Filing 353 MINUTES (Text Only) for proceedings before Magistrate Judge Barbara A. McAuliffe on 1/25/2016: TELEPHONIC SCHEDULING CONFERENCE held. Order to follow. Plaintiffs Counsel John Kinsey, Howard Rubin, John O'Quinn, Roger Martella, Paul Zidlicky, and Richard Moskowitz - appeared telephonically, present. Defendants Counsel M. Elaine Meckenstock and Jonathan Wiener - appeared telephonically, present. Court Reporter/CD Number: in chambers, off record. (Herman, H)
January 18, 2016 Opinion or Order Filing 352 JOINT SCHEDULING REPORT by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Richard W. Corey, Hector De La Torre, John Eisenhut, John Gioia, Kamala D. Harris, Judith Mitchell, Mary D. Nichols, Barbara Riordan, Ron Roberts, Phil Serna, Alexander Sherriffs, Daniel Sperling. (Attachments: #1 Exhibit A and B)(Meckenstock, Margaret)
December 23, 2015 Opinion or Order Filing 351 MINUTE ORDER (TEXT Only): Telephonic Scheduling Conference currently set for 1/26/2016 is being ADVANCED to Monday, January 25, 2016 at 10:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties SHALL file a JOINT Scheduling Report one week prior to the conference. The parties may appear telephonically at the scheduling conference by arranging a one-line conference call prior to calling chambers at 559-499-5789. signed by Magistrate Judge Barbara A. McAuliffe on 12/23/2015. (Herman, H)
October 20, 2015 Opinion or Order Filing 350 ANSWER by John R. Balmes, Sandra Berg, Richard W. Corey, Hector De La Torre, John Eisenhut, John Gioia, Kamala D. Harris, Judith Mitchell, Mary D. Nichols, Barbara Riordan, Ron Roberts, Phil Serna, Alexander Sherriffs, Daniel Sperling.(Meckenstock, Margaret)
October 9, 2015 Opinion or Order Filing 349 MINUTE ORDER (TEXT ENTRY ONLY): Based on the information presented by the parties in the joint scheduling conference report (Doc. 348), the Telephonic Scheduling Conference currently set for 10/16/2015 is CONTINUED to Tuesday, January 26, 2016 at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties SHALL file a JOINT Scheduling Report one week prior to the conference. The parties may appear telephonically at the scheduling conference by arranging a one-line conference call prior to calling chambers at 559-499-5789. signed by Magistrate Judge Barbara A. McAuliffe on 10/9/2015. (Herman, H)
October 9, 2015 Opinion or Order Filing 348 JOINT SCHEDULING REPORT by John R. Balmes, Sandra Berg, Richard W. Corey, Hector De La Torre, John Eisenhut, John Gioia, Kamala D. Harris, Judith Mitchell, Mary D. Nichols, Barbara Riordan, Ron Roberts, Phil Serna, Alexander Sherriffs, Daniel Sperling. (Meckenstock, Margaret)
August 28, 2015 Opinion or Order Filing 347 Amended Memorandum Decision and Order re Defendants' Motion to Dismiss and Motion for Partial Summary Judgment, clarifying parties in this litigation and to whom this order applies signed by District Judge Lawrence J. O'Neill on August 28, 2015. (Munoz, I)
August 28, 2015 Opinion or Order Filing 346 MINUTE ORDER: (TEXT ENTRY ONLY) The Court has received and reviewed the August 28, 2015 request to update the names of official capacity defendants #345 . The Clerk of Court is directed to update the names as set forth in that request. For clarity of the record, these substitutions should be entered in the dockets of both the lead case and member case, wherever the names to be substituted are listed signed by District Judge Lawrence J. O'Neill on August 28, 2015. (Munoz, I)
August 28, 2015 Opinion or Order Filing 345 REQUEST for updates to Defendant names by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Richard W. Corey, Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Daniel Sperling re 344 Minute Order,. (Meckenstock, Margaret)
August 17, 2015 Opinion or Order Filing 344 MINUTE ORDER: (TEXT ENTRY ONLY) The Court is informed that the names of certain official capacity defendants in this action are in need of updating. The parties are directed to file a "Request" (Civil filings: other documents: request) to modify the official capacity defendants' names, clearly indicating which defendants' names should be replaced and for what reason(s) signed by District Judge Lawrence J. O'Neill on August 17, 2015. (Munoz, I)
August 13, 2015 Opinion or Order Filing 343 ORDER RE #326 Motion to Dismiss and Motion for Partial Summary Judgment signed by District Judge Lawrence J. O'Neill on 8/13/2015. (Second Amended Complaint due by 9/18/2015).(Lundstrom, T)
August 10, 2015 Opinion or Order Filing 342 STIPULATION and ORDER re: Scheduling Conference. The August 18, 2015 Telephonic Scheduling Conference is hereby continued to October 16, 2015 at 2:00 PM in Courtroom 8 (BAM) before Judge McAuliffe. Defendants counsel shall make arrangements and have a one line conference call, with ALL counsel on the line, and shall initiate the call at the designated time. After all parties are on the line, the call should then be placed to Judge McAuliffe's chambers at (559)499-5789. signed by Magistrate Judge Barbara A. McAuliffe on 8/10/2015. (Herman, H)
August 7, 2015 Opinion or Order Filing 341 STIPULATION and PROPOSED ORDER for advancing scheduling conference date by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Richard W. Corey, Dorene D'Adamo, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Daniel Sperling, John G. Telles, Ken Yeager. (Meckenstock, Margaret)
June 26, 2015 Opinion or Order Filing 340 STIPULATION and ORDER re Scheduling Conference Order: (no briefing need occur on Defendants stay motion until after the August 18, 2015 scheduling conference). signed by Magistrate Judge Barbara A. McAuliffe on 6/26/2015. (Herman, H)
June 25, 2015 Opinion or Order Filing 339 STIPULATION and PROPOSED ORDER for Scheduling Conference Order by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Richard W. Corey, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Daniel Sperling, John G. Telles, Ken Yeager. (Meckenstock, Margaret)
June 11, 2015 Opinion or Order Filing 338 MINUTE ORDER (TEXT Only): Due to the status of the preliminary motions in this case, the FURTHER SCHEDULING CONFERENCE currently set for 6/18/2015 is CONTINUED to Tuesday, August 18, 2015 at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. In the event that the preliminary motions are not resolved before August 2015, the Court may continue the scheduling conference sua sponte or at the parties request. If the motions are resolved, the parties may request that the scheduling conference be advanced. The parties SHALL file a JOINT Scheduling Report one week prior to the conference. signed by Magistrate Judge Barbara A. McAuliffe on 6/11/2015. (Herman, H)
May 21, 2015 Opinion or Order Filing 337 RESPONSE by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Richard W. Corey, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager to #336 Brief, #327 Memorandum in Support of Motion, #326 MOTION to DISMISS. (Meckenstock, Margaret)
May 11, 2015 Opinion or Order Filing 336 BRIEF AFPM PLAINTIFFS SECOND SUPPLEMENTAL BRIEF IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS THE FIRST AMENDED COMPLAINT by American Fuels & Petrochemical Manufacturers Association fka National Petroleum & Refiners Association. (Martella, Roger)
May 1, 2015 Opinion or Order Filing 335 ORDER For Supplemental Briefing, signed by District Judge Lawrence J. O'Neill on 5/1/2015. (Filing Deadline: 5/11/2015) (Fahrney, E)
April 15, 2015 Opinion or Order Filing 334 RESPONSE by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Richard W. Corey, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager to #332 Order, Set/Reset Deadlines and Hearings, #333 Brief, #326 MOTION to DISMISS. (Meckenstock, Margaret)
April 3, 2015 Opinion or Order Filing 333 BRIEF AFPM PLAINTIFFS SUPPLEMENTAL BRIEF IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS THE FIRST AMENDED COMPLAINT by American Fuels & Petrochemical Manufacturers Association fka National Petroleum & Refiners Association. (Martella, Roger)
March 24, 2015 Opinion or Order Filing 332 ORDER for Supplemental Briefing, signed by District Judge Lawrence J. O'Neill on 3/24/15: Plaintiffs' brief ddl 4/3/2015; Defendants' brief ddl 4/15/2015. (Hellings, J)
March 9, 2015 Opinion or Order Filing 331 REPLY by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Richard W. Corey, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager to RESPONSE to #326 MOTION to DISMISS. (Meckenstock, Margaret)
February 23, 2015 Opinion or Order Filing 330 RESPONSE by American Fuels & Petrochemical Manufacturers Association fka National Petroleum & Refiners Association, American Trucking Associations, The Consumer Energy Alliance to #327 Memorandum in Support of Motion, #326 MOTION to DISMISS. (Martella, Roger)
January 28, 2015 Opinion or Order Filing 329 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Joanne Spalding for Sierra Club, attorney Patrick Gallagher terminated (Spalding, Joanne)
January 23, 2015 Opinion or Order Filing 328 PROPOSED ORDER re regarding motion to dismiss re #326 MOTION to DISMISS. (Meckenstock, Margaret)
January 23, 2015 Opinion or Order Filing 327 MEMORANDUM by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Richard W. Corey, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager in SUPPORT of #326 MOTION to DISMISS. (Meckenstock, Margaret)
January 23, 2015 Opinion or Order Filing 326 MOTION to DISMISS by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Richard W. Corey, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager. (Meckenstock, Margaret)
January 9, 2015 Opinion or Order Filing 325 NOTICE of APPEARANCE by Noah Golden-Krasner on behalf of Richard W. Corey. Attorney Golden-Krasner, Noah added. (Golden-Krasner, Noah)
January 9, 2015 Opinion or Order Filing 324 FIRST AMENDED COMPLAINT against All Defendants by National Petrochemical & Refiners Association.(Martella, Roger)
January 6, 2015 Opinion or Order Filing 323 NOTICE of APPEARANCE by Jonathan Wiener on behalf of Richard W. Corey. Attorney Wiener, Jonathan added. (Wiener, Jonathan)
December 11, 2014 Opinion or Order Filing 322 MEMORANDUM DECISION and ORDER Re Plaintiff's #313 Motion to Amend the Amended Complaint signed by District Judge Lawrence J. O'Neill on 12/10/2014. (Sant Agata, S)
November 24, 2014 Opinion or Order Filing 321 RESPONSE by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager to #313 MOTION to AMEND the #11 Amended Complaint,, #314 Memorandum in Support of Motion, #319 Order, Set/Reset Deadlines and Hearings, #320 Reply,. (Attachments: #1 Litigant Letter Concerning ECF Outage)(Meckenstock, Margaret)
November 12, 2014 Opinion or Order Filing 320 REPLY by American Fuels & Petrochemical Manufacturers Association fka National Petroleum & Refiners Association, American Trucking Associations, The Consumer Energy Alliance re #313 MOTION to AMEND the #11 Amended Complaint,, #319 Order, Set/Reset Deadlines and Hearings. (Martella, Roger)
October 29, 2014 Opinion or Order Filing 319 ORDER For Supplemental Briefing, signed by District Judge Lawrence J. O'Neill on 10/29/2014.(Filing Deadline: 11/12/2014, Responses due by 11/21/2014) (Fahrney, E)
October 17, 2014 Opinion or Order Filing 318 REPLY by American Fuels & Petrochemical Manufacturers Association fka National Petroleum & Refiners Association re #313 MOTION to AMEND the #11 Amended Complaint,. (Martella, Roger)
October 10, 2014 Opinion or Order Filing 317 OPPOSITION by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager to #313 MOTION to AMEND the #11 Amended Complaint,. (Attachments: #1 Proposed Order)(Meckenstock, Margaret)
October 6, 2014 Opinion or Order Filing 316 TRANSCRIPT of Proceedings held on 8/28/2014, before Magistrate Judge Gary S. Austin. SCHEDULING CONFERENCE HEARING filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 10/27/2014. Redacted Transcript Deadline set for 11/6/2014. Release of Transcript Restriction set for 1/5/2015. (Figueroa, O)
September 26, 2014 Opinion or Order Filing 315 PROPOSED ORDER re Amended Complaint re #313 MOTION to AMEND the #11 Amended Complaint,, #314 Memorandum in Support of Motion,. (Martella, Roger)
September 26, 2014 Opinion or Order Filing 314 MEMORANDUM by American Fuels & Petrochemical Manufacturers Association fka National Petroleum & Refiners Association, American Trucking Associations, The Consumer Energy Alliance in SUPPORT of #313 MOTION to AMEND the #11 Amended Complaint,. (Attachments: #1 Exhibit Proposed Amended Complaint)(Martella, Roger)
September 26, 2014 Opinion or Order Filing 313 MOTION to AMEND the #11 Amended Complaint, by The Consumer Energy Alliance, American Fuels & Petrochemical Manufacturers Association fka National Petroleum & Refiners Association. Attorney Martella, Roger R. added. (Martella, Roger)
September 5, 2014 Opinion or Order Filing 312 PRO HAC VICE ORDER signed by Magistrate Judge Barbara A. McAuliffe on 9/5/2014. Added attorney Jennifer K. Rushlow, PHV for Conservation Law Foundation. (Jessen, A)
September 4, 2014 Opinion or Order Filing 311 SCHEDULING CONFERENCE ORDER signed by Magistrate Judge Barbara A. McAuliffe on 9/4/2014. Motions to Amend filed by 9/26/2014. Oppositions due by 10/10/2014. Replies due by 10/17/2014. Further Scheduling Conference set for 6/18/2015 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Jessen, A)
September 3, 2014 Opinion or Order Filing 310 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by American Trucking Associations, Center for North American Energy Security, National Petrochemical & Refiners Association, The Consumer Energy Alliance. (Martella, Roger)
September 3, 2014 Opinion or Order Filing 309 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union. (Jones, Timothy)
September 2, 2014 Opinion or Order Filing 308 CLERK'S NOTICE to Attorney Sean Donahue re #306 Pro Hac Vice Application: Advance payment of the Pro Hac Vice fee in the amount of $200.00 is required and should be submitted electronically using an event in the category Payment of Fees. Your document will not be filed until the fee is paid (Local Rule 77-121c). If you need assistance, please contact the CM/ECF help desk at 866-884-5444, or refer to the CM/ECF User's Manual on the court's website. (Marrujo, C)
September 2, 2014 Opinion or Order RECEIPT number CAE100026769 for $200.00 for PHV for Jennifer K. Rushlow from Conservation Law Foundation, Inc. (Lundstrom, T)
August 29, 2014 Opinion or Order Filing 307 ORDER RECUSING Magistrate Judge and REASSIGNING the Case to Another Magistrate Judge, signed by Magistrate Judge Gary S. Austin on 8/29/2014. New Case Number: 1:09-CV-02234 LJO BAM.(Marrujo, C)
August 28, 2014 Opinion or Order Filing 306 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Conservation Law Foundation for attorney Jennifer Rushlow to appear Pro Hac Vice. Attorney Donahue, Sean H. added. (Donahue, Sean)
August 28, 2014 Opinion or Order Filing 305 MINUTES (Text Only) for proceedings held before Magistrate Judge Gary S. Austin: SCHEDULING CONFERENCE held on 8/28/2014 with a court order to follow. Plaintiffs' Counsel Timothy Jones, John Kinsey, Stuart Drake, Shannon Broome, and Paul Zidlicky personally present and John O'Quinn, Howard Rubin, and Roger Martella telephonically present. Defendants' Counsel Margaret Meckenstock and David Zonana personally present and Gavin McCabe and Sean Donahue telephonically present. Intervenors' Counsel Joanne Spalding personally present and Jennifer Sorenson, Larrisa Koehler, and Tim O'Connor telephonically present. Court Reporter/CD Number: ECRO (Otilia Figueroa). (Rooney, M)
August 26, 2014 Opinion or Order Filing 304 NOTICE of APPEARANCE by Sean H. Donahue on behalf of Environmental Defense Fund. Attorney Donahue, Sean H. added. (Donahue, Sean)
August 21, 2014 Opinion or Order Filing 303 JOINT SCHEDULING REPORT by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kinsey, John)
July 28, 2014 Opinion or Order Filing 302 PRO HAC VICE ORDER re #299 PHV Application, signed by Magistrate Judge Gary S. Austin on 7/25/2014. Added attorney Daniel E. Lipton, PHV for Plaintiff Renewable Fuels Association. (Marrujo, C)
July 25, 2014 Opinion or Order Filing 301 PRO HAC VICE ORDER re #298 PHV Application, signed by Magistrate Judge Gary S. Austin on 7/25/2014. Added attorney Robert T. Smith, PHV for Plaintiff Renewable Fuels Association. (Marrujo, C)
July 25, 2014 Opinion or Order Filing 300 PRO HAC VICE ORDER re #297 PHV Application, signed by Magistrate Judge Gary S. Austin on 7/25/2014. Added attorney Howard R. Rubin, PHV for Plaintiff Renewable Fuels Association. (Marrujo, C)
July 23, 2014 Opinion or Order Filing 299 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union for attorney Daniel E. Lipton to appear Pro Hac Vice. (Filing fee $ 200, receipt number 0972-5433127) (Kinsey, John)
July 23, 2014 Opinion or Order Filing 298 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union for attorney Robert T. Smith to appear Pro Hac Vice. (Filing fee $ 200, receipt number 0972-5433120) (Kinsey, John)
July 23, 2014 Opinion or Order Filing 297 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union for attorney Howard R. Rubin to appear Pro Hac Vice. (Filing fee $ 200, receipt number 0972-5433096) (Kinsey, John)
June 13, 2014 Opinion or Order Filing 296 NOTICE Letter to Hon. Lawrence J. O'Neill Encl Reply Brief in Support of Petition for Writ of Certiori by American Fuel & Petrochemical Manufacturers Ass'n and by American Trucking Associations, National Petrochemical & Refiners Association, The Consumer Energy Alliance. (Martella, Roger)
June 11, 2014 Opinion or Order Filing 295 NOTICE Letter to Hon. Judge O'Neill enclosing courtesy copy of Brief in Opposition to Conditional Cross-Petition for a Writ of Certiorari filed on 5/23/14 in the Supreme Court by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union. (Kinsey, John)
June 11, 2014 Opinion or Order Filing 294 NOTICE Letter to Hon. Judge O'Neill enclosing courtesy copy of Reply to Brief in Opposition filed on 6/9/14 in the Supreme Court by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union. (Kinsey, John)
May 8, 2014 Opinion or Order Filing 293 Joint STIPULATION and ORDER to Continue Mandatory Scheduling Conference signed by Magistrate Judge Gary S. Austin on 5/7/2014. Scheduling Conference currently set for 5/14/2014 is CONTINUED to 8/28/2014 at 10:30 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. (Martinez, A)
May 6, 2014 Opinion or Order Filing 292 STIPULATION and PROPOSED ORDER for [Joint] to Continue Mandatory Settlement Conference by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union. (Jones, Timothy)
May 6, 2014 Opinion or Order Filing 291 CERTIFICATE of SERVICE by American Trucking Associations, Center for North American Energy Security, National Petrochemical & Refiners Association, The Consumer Energy Alliance. (Martella, Roger)
April 21, 2014 Opinion or Order Filing 290 CERTIFICATE of SERVICE by Rocky Mountain Farmers Union. (Kinsey, John)
February 5, 2014 Opinion or Order Filing 289 MINUTE ORDER (Text Entry Only) signed by Magistrate Judge Gary S. Austin on 2/5/2014: This matter is SET for a Scheduling Conference on 5/14/2014 at 10:30 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. Telephonic appearances are permitted. Those parties wishing to appear by phone shall coordinate a one-line conference call prior to calling chambers at (559) 499-5960. The parties shall file a joint scheduling report one week prior to the hearing. (Martinez, A)
January 31, 2014 Opinion or Order Filing 288 MANDATE of USCA as to Notice of Appeal, #12-15131 and #12-15135: The judgment of this Court, entered September 18, 2013, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (Hellings, J)
January 22, 2014 Opinion or Order Filing 287 ORDER of USCA as to #267 Notice of Appeal, filed by John R. Balmes, Daniel Sperling, Edmond G. Brown, Jr., Arnold Schwarzenegger, Environmental Defense Fund, Ken Yeager, James N. Goldstene, Sierra Club, Mary D. Nichols, Barbara Riordan, Dorene D'Adamo, Sandra Berg, Conservation Law Foundation, Ron Roberts, Natural Resources Defense Council, Inc., Ronald O. Loveridge, Lydia H. Kennard, John G. Telles. (Verduzco, M)
October 10, 2013 Opinion or Order Filing 286 ORDER of USCA granting motion for clarification as to #267 Notice of Appeal.(Lundstrom, T)
October 3, 2013 Opinion or Order Filing 285 ORDER of USCA as to #267 Notice of Appeal, #266 Notice of Appeal. Defendant - Appellant Richard W. Corey is ordered to file a response to Plaintiff - Appellee Rocky Mountain Farmers Union's Petition for Rehearing En Banc. The response must be filed no later than twenty-one (21) days from the date of this order. (Jessen, A)
October 3, 2013 Opinion or Order Filing 284 ORDER of USCA as to #267 Notice of Appeal, #266 Notice of Appeal. Defendant - Appellant Richard W. Corey is ordered to file a response to Plaintiff - Appellee American Fuels & Petrochemical Manufacturers Association's Petition for Rehearing En Banc. The response must be filed no later than twenty-one (21) days from the date of this order. (Jessen, A)
September 18, 2013 Opinion or Order Filing 283 OPINION of USCA as to #267 Notice of Appeal, filed by John R. Balmes, Daniel Sperling, Edmond G. Brown, Jr., Arnold Schwarzenegger, Environmental Defense Fund, Ken Yeager, James N. Goldstene, Sierra Club, Mary D. Nichols, Barbara Riordan, Dorene D'Adamo, Sandra Berg, Conservation Law Foundation, Ron Roberts, Natural Resources Defense Council, Inc., Ronald O. Loveridge, Lydia H. Kennard, John G. Telles, #266 Notice of Appeal, filed by John R. Balmes, Daniel Sperling, Edmond G. Brown, Jr., Arnold Schwarzenegger, Environmental Defense Fund, Ken Yeager, James N. Goldstene, Sierra Club, Mary D. Nichols, Barbara Riordan, Dorene D'Adamo, Sandra Berg, Conservation Law Foundation, Ron Roberts, Natural Resources Defense Council, Inc., Ronald O. Loveridge, Lydia H. Kennard, John G. Telles. District Court's decision AFFIRMED in part, REVERSED in part, VACATED, and REMANDED. (Marrujo, C)
December 14, 2012 Opinion or Order Filing 282 ORDER of USCA as to #267 Notice of Appeal, filed by John R. Balmes, Daniel Sperling, Edmond G. Brown, Jr., Arnold Schwarzenegger, Environmental Defense Fund, Ken Yeager, James N. Goldstene, Sierra Club, Mary D. Nichols, Barbara Riordan, Dorene D'Adamo, Sandra Berg, Conservation Law Foundation, Ron Roberts, Natural Resources Defense Council, Inc., Ronald O. Loveridge, Lydia H. Kennard, John G. Telles. Appellants' request for judicial notice, dated November 30, 2012, is GRANTED. Appellees' request for further judicial notice, dated December 12, 2012, is GRANTED. (Marrujo, C)
November 5, 2012 Opinion or Order Filing 281 ORDER of USCA as to #267 Notice of Appeal, #266 Notice of Appeal. The Clerk to draw a replacement judge. (Verduzco, M)
April 23, 2012 Opinion or Order Filing 280 ORDER of USCA as to #267 Notice of Appeal, filed by John R. Balmes, Daniel Sperling, Edmond G. Brown, Jr., Arnold Schwarzenegger, Environmental Defense Fund, Ken Yeager, James N. Goldstene, Sierra Club, Mary D. Nichols, Barbara Riordan, Dorene D'Adamo, Sandra Berg, Conservation Law Foundation, Ron Roberts, Natural Resources Defense Council, Inc., Ronald O. Loveridge, Lydia H. Kennard, John G. Telles: Appellants' motion to consolidate appeal Nos. 12-15131 and 12-15135 is granted. Appeals Nos. 12-15131 and 12-15135 are consolidated. (Hellings, J)
March 5, 2012 Opinion or Order Filing 279 ORDER SUBSTITUTING ATTORNEY. Added attorney Shannon Suzanne Broome for Renewable Fuels Association, in the place and stead of Thomas R. Lotterman and Bryan M. Killian of Bingham McCutchen, LLP, signed by Magistrate Judge Gary S. Austin on 3/2/12. (Hellings, J)
March 1, 2012 Opinion or Order Filing 278 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Renewable Fuels Association. (Kinsey, John)
January 23, 2012 Opinion or Order Filing 277 AMENDED ORDER on Motion to Stay Preliminary Injunction and Judgments Pending Appeal #273 and #274 , signed by District Judge Lawrence J. O'Neill on 1/23/2012. (Kusamura, W)
January 23, 2012 Opinion or Order Filing 276 ORDER on Motion to Stay Preliminary Injunction and Judgments Pending Appeal re #274 , signed by District Judge Lawrence J. O'Neill on 1/23/2012. This Court GRANTS defendants' motion to hear the motions on an expedited but DENIES defendants' motion to stay enforcement of the preliminary injunction and judgments of this Court. (Marrujo, C)
January 20, 2012 Opinion or Order Filing 275 REQUEST for JUDICIAL NOTICE by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager in re #274 Motion to Stay,,,. (Attachments: #1 Exhibit A-C, #2 Exhibit D-E)(Meckenstock, Margaret)
January 20, 2012 Opinion or Order Filing 274 MOTION to STAY re #261 Judgment, #262 Judgment, #260 Order on Motion for Summary Judgment, #259 Order on Motion for Summary Judgment, Order on Motion for Preliminary Injunction,, by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Daniel Sperling, John G. Telles, Ken Yeager. Motion Hearing set for 2/17/2012 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Attachments: #1 Memorandum In Support Of Motion To Stay, #2 Declaration Babcock, #3 Declaration Ellis, #4 Declaration Clay, #5 Declaration Iocoponi, #6 Declaration Foody, #7 Declaration Solazyme/Dillon, #8 Declaration Morgen, #9 Declaration Feizollahi, #10 Declaration Waugh, #11 Proposed Order)(Meckenstock, Margaret)
January 20, 2012 Opinion or Order Filing 273 MOTION to SHORTEN TIME for BRIEFING SCHEDULE AND HEARING ON MOTION TO STAY PRELIMINARY INJUNCTION AND JUDGMENTS PENDING APPEAL by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager. (Attachments: #1 Declaration of Gavin G. McCabe in support of application for OST, #2 Proposed Order)(McCabe, Gavin)
January 20, 2012 Opinion or Order Filing 272 USCA CASE NUMBER 12-15131 for #267 Notice of Appeal, filed by John R. Balmes, Daniel Sperling, Edmond G. Brown, Jr., Arnold Schwarzenegger, Environmental Defense Fund, Ken Yeager, James N. Goldstene, Sierra Club, Mary D. Nichols, Barbara Riordan, Dorene D'Adamo, Sandra Berg, Conservation Law Foundation, Ron Roberts, Natural Resources Defense Council, Inc., Ronald O. Loveridge, Lydia H. Kennard, John G. Telles, #266 Notice of Appeal, filed by John R. Balmes, Daniel Sperling, Edmond G. Brown, Jr., Arnold Schwarzenegger, Environmental Defense Fund, Ken Yeager, James N. Goldstene, Sierra Club, Mary D. Nichols, Barbara Riordan, Dorene D'Adamo, Sandra Berg, Conservation Law Foundation, Ron Roberts, Natural Resources Defense Council, Inc., Ronald O. Loveridge, Lydia H. Kennard, John G. Telles. (Fahrney, E)
January 12, 2012 Opinion or Order Filing 271 USCA APPEAL FEES received in the amount of $ 455 (Receipt # CAE100017543) from Marc Argarin on 1/12/2012 re #267 Notice of Appeal, filed by John R. Balmes, Daniel Sperling, Edmond G. Brown, Jr., Arnold Schwarzenegger, Environmental Defense Fund, Ken Yeager, James N. Goldstene, Sierra Club, Mary D. Nichols, Barbara Riordan, Dorene D'Adamo, Sandra Berg, Conservation Law Foundation, Ron Roberts, Natural Resources Defense Council, Inc., Ronald O. Loveridge, Lydia H. Kennard, John G. Telles, #266 Notice of Appeal, filed by John R. Balmes, Daniel Sperling, Edmond G. Brown, Jr., Arnold Schwarzenegger, Environmental Defense Fund, Ken Yeager, James N. Goldstene, Sierra Club, Mary D. Nichols, Barbara Riordan, Dorene D'Adamo, Sandra Berg, Conservation Law Foundation, Ron Roberts, Natural Resources Defense Council, Inc., Ronald O. Loveridge, Lydia H. Kennard, John G. Telles. (Fahrney, E)
January 12, 2012 Opinion or Order Filing 269 APPEAL PROCESSED to Ninth Circuit re #267 ***Notice of Appeal***, filed by John R. Balmes, Daniel Sperling, Edmond G. Brown, Jr., Arnold Schwarzenegger, Environmental Defense Fund, Ken Yeager, James N. Goldstene, Sierra Club, Mary D. Nichols, Barbara Riordan, Dorene D'Adamo, Sandra Berg, Conservation Law Foundation, Ron Roberts, Natural Resources Defense Council, Inc., Ronald O. Loveridge, Lydia H. Kennard, John G. Telles, #266 ***Notice of Appeal***, filed by John R. Balmes, Daniel Sperling, Edmond G. Brown, Jr., Arnold Schwarzenegger, Environmental Defense Fund, Ken Yeager, James N. Goldstene, Sierra Club, Mary D. Nichols, Barbara Riordan, Dorene D'Adamo, Sandra Berg, Conservation Law Foundation, Ron Roberts, Natural Resources Defense Council, Inc., Ronald O. Loveridge, Lydia H. Kennard, John G. Telles. Filed dates for Notice of Appeal *1/5/2012*, Complaint *12/23/2009* and Appealed Order / Judgment *12/29/2011*. Court Reporter: *P. Crawford/ECRO*. *Fee Status: Not Paid - Billed* *Defendants James N. Goldstene, et al* (Attachments: #1 Appeal Information, #2 Bill for Appeal Fee) (Martin-Gill, S)
January 12, 2012 Opinion or Order Filing 268 NOTICE APPELLANTS INITIAL NOTICE OF ORDERING TRANSCRIPT (NINTH CIRCUIT RULE 10-3) by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager re #266 Notice of Appeal,. (McCabe, Gavin)
January 5, 2012 Opinion or Order Filing 267 NOTICE of APPEAL by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager. (McCabe, Gavin)
January 5, 2012 Opinion or Order Filing 266 NOTICE of APPEAL by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager. (McCabe, Gavin)
January 5, 2012 Opinion or Order Filing 265 NOTICE of Errata by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Dorene D'Adamo, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Daniel Sperling, John G. Telles, Ken Yeager re #264 Notice of Appeal, #263 Notice of Appeal,,. (McCabe, Gavin)
January 5, 2012 Opinion or Order Filing 264 NOTICE of APPEAL by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager as to #259 Order on Motion for Summary Judgment, Order on Motion for Preliminary Injunction,,. (McCabe, Gavin)
January 5, 2012 Opinion or Order Filing 263 NOTICE of APPEAL by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager as to #258 Order on Motion for Summary Judgment, #259 Order on Motion for Summary Judgment, Order on Motion for Preliminary Injunction,, #261 Judgment, #262 Judgment, #260 Order on Motion for Summary Judgment,. (McCabe, Gavin)
December 29, 2011 Opinion or Order Filing 262 JUDGMENT dated *12/29/2011* in favor of National Petrochemical Plaintiffs against Defendants pursuant to order (Martin-Gill, S)
December 29, 2011 Opinion or Order Filing 261 JUDGMENT dated *12/29/2011* in favor of Rocky Mountain Plaintiffs against Defendants pursuant to order (Martin-Gill, S)
December 29, 2011 Opinion or Order Filing 260 ORDER on #125 NPRA Plaintiffs' Summary Adjudication Motion; ORDERED Clerk of the Court to enter Judgment In Favor of the National Petrochemical Plaintiffs and Against Defendants on the dormant Commerce Clause claim, signed by District Judge Lawrence J. O'Neill on 12/29/2011. (Martin-Gill, S)
December 29, 2011 Opinion or Order Filing 259 ORDER on #111 RMFU Plaintiffs' Summary Adjudication Motion ; ORDER on #172 Defendant's Renewed FED.R.CIV.P.56(D) Motion; ORDER on #115 RMFU Plaintiffs' Preliminary Injunction Motion, ORDERED Clerk of Court to enter Judgment In Favor of the Rocky Mountain Plaintiffs and Against Defendants on the Plaintiffs' dormant Commerce Clause claim, signed by District Judge Lawrence J. O'Neill on 12/29/2011. (Martin-Gill, S)
December 29, 2011 Opinion or Order Filing 258 ORDER on #138 Defendants' Motion for Summary Judgment; ORDER RESERVES Judgment on Defendants' remaining arguments, which shall be addressed in the Plaintiffs' separate Summary Judgment Motions to the extent this Court reaches those arguments, signed by District Judge Lawrence J. O'Neill on 12/29/2011. (Martin-Gill, S)
October 4, 2011 Opinion or Order Filing 257 NOTICE of Firm Name Change by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union. (Jones, Timothy)
September 30, 2011 Opinion or Order Filing 256 ORDER DISQUALIFYING MAGISTRATE JUDGE, signed by Magistrate Judge Dennis L. Beck on 9/28/2011. This action is reassigned to Magistrate Judge Gary S. Austin for all further proceedings. New Case Number: 1:09-cv-2234-LJO-GSA. (Fahrney, E)
September 8, 2011 Opinion or Order Filing 255 NOTICE of CHANGE of ADDRESS by Charles H. Knauss, PHV. (Knauss, Charles)
July 14, 2011 Opinion or Order Filing 254 RESPONSE by American Trucking Associations, Center for North American Energy Security, National Petrochemical & Refiners Association, The Consumer Energy Alliance to #253 Request for Judicial Notice,. (Martella, Roger)
July 5, 2011 Opinion or Order Filing 253 REQUEST for JUDICIAL NOTICE by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Dorene D'Adamo, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Daniel Sperling, John G. Telles, Ken Yeager in re #146 Opposition to Motion, #138 Motion for Summary Judgment,, #125 Motion for Summary Judgment,. (Attachments: #1 Exhibit ARB Regulatory Advisory Notice)(Meckenstock, Margaret)
June 9, 2011 Opinion or Order Filing 252 SEALED EVENT (Robles, S)
June 9, 2011 Opinion or Order Filing 251 SEALED EVENT (Robles, S)
June 9, 2011 Opinion or Order Filing 250 SEALED EVENT (Robles, S)
June 8, 2011 Opinion or Order Filing 249 ORDER GRANTING DEFENDANTS APPLICATION TO FILE UNDER SEAL: (1) UNREDACTED SUR-REPLY BRIEF; (2) UNREDACTED DECLARATION OF M. ELAINE MECKENSTOCK; (3) UNREDACTED SECOND DECLARATION OF MICHAEL WAUGH signed by District Judge Lawrence J. O'Neill on June 8, 2011. (Lira, I)
June 8, 2011 Opinion or Order Filing 248 RESPONSE by Growth Energy to #238 Sealed Event. (Kinsey, John)
June 7, 2011 Opinion or Order Filing 247 DECLARATION of Michael Waugh in OPPOSITION TO #115 MOTION for PRELIMINARY INJUNCTION. (Attachments: #1 Exhibit Exhibits Omitted from Initial Filing of Second Waugh Declaration)(Meckenstock, Margaret)
June 7, 2011 Opinion or Order Filing 246 OPPOSITION by Growth Energy to #115 MOTION for PRELIMINARY INJUNCTION. (Kinsey, John)
June 7, 2011 Opinion or Order Filing 245 APPLICATION for Permission to File Documents Under Seal by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager re #243 Opposition to Motion,,, filed by John R. Balmes, Daniel Sperling, Edmond G. Brown, Jr., Arnold Schwarzenegger, Environmental Defense Fund, Ken Yeager, James N. Goldstene, Sierra Club, Mary D. Nichols, Barbara Riordan, Dorene D'Adamo, Sandra Berg, Conservation Law Foundation, Ron Roberts, Natural Resources Defense Council, Inc., Ronald O. Loveridge, Lydia H. Kennard, John G. Telles. (Attachments: #1 Declaration Meckenstock Decl I S O Ex Parte App, #2 Proposed Order Proposed Order Granting Ex Parte App to File Under Seal)(Meckenstock, Margaret)
June 7, 2011 Opinion or Order Filing 244 REQUEST for JUDICIAL NOTICE by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager in re #243 Opposition to Motion,,,. (Meckenstock, Margaret)
June 7, 2011 Opinion or Order Filing 243 OPPOSITION by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager to #240 MOTION re #224 Declaration, #237 Order, #193 Reply, MOTION re #224 Declaration, #237 Order, #193 Reply,, #212 MOTION to STRIKE Evidence Submitted with RMFU Reply in Support of Motion for Preliminary Injunction, #115 MOTION for PRELIMINARY INJUNCTION. Attorney Meckenstock, Margaret Elaine added. (Attachments: #1 Declaration Second Decl. of Bruce Babcock, #2 Declaration Redacted Decl. of M. Elaine Meckenstock, #3 Declaration Redacted 2nd Decl. of Michael Waugh)(Meckenstock, Margaret)
June 7, 2011 Opinion or Order Filing 242 RESPONSE by American Trucking Associations, Center for North American Energy Security, National Petrochemical & Refiners Association, The Consumer Energy Alliance to #239 Objections,. (Martella, Roger)
June 3, 2011 Opinion or Order Filing 241 ORDER GRANTING DEFENDANTS REQUEST FOR LEAVE TO ENLARGE THE PAGE LIMIT FOR SUR-REPLY BRIEF IN OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION signed by District Judge Lawrence J. O'Neill on June 3, 2011. (Lira, I)
June 2, 2011 Opinion or Order Filing 240 MOTION re #224 Declaration, #237 Order, #193 Reply, by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Dorene D'Adamo, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Daniel Sperling, John G. Telles, Ken Yeager. (Attachments: #1 Proposed Order Proposed Order Granting Leave to Enlarge Page Limits for Sur-Reply)(McCabe, Gavin)
June 1, 2011 Opinion or Order Filing 239 OBJECTIONS by Defendants John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Dorene D'Adamo, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Daniel Sperling, John G. Telles, Ken Yeager to #226 Application,,. (McCabe, Gavin)
May 25, 2011 Opinion or Order Filing 238 SEALED EVENT (Robles, S)
May 23, 2011 Opinion or Order Filing 237 ORDER ON DEFENDANTS' MOTION TO STRIKE (Doc. 212) and EX PARTE MOTION APPLICATION FOR LEAVE TO TAKE DISCOVERY AND PROVIDE SUPPLEMENTAL BRIEFING (Doc. 233) signed by District Judge Lawrence J. O'Neill on May 23, 2011. (Lira, I)
May 23, 2011 Opinion or Order Filing 236 ORDER GRANTING DEFENDANTS' AND DEFENDANT-INTERVENORS' EX PARTE APPLICATION TO FILE UNREDACTED OBJECTIONS UNDER SEAL signed by District Judge Lawrence J. O'Neill on May 23, 2011. (Lira, I)
May 20, 2011 Opinion or Order Filing 235 PROPOSED ORDER re #234 Request for Judicial Notice, #233 Ex Parte Application,, by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Daniel Sperling, John G. Telles, Ken Yeager. (Poole, Mark)
May 20, 2011 Opinion or Order Filing 234 REQUEST for JUDICIAL NOTICE by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager in re #233 Ex Parte Application,,. (Poole, Mark)
May 20, 2011 Opinion or Order Filing 233 EX PARTE APPLICATION for Leave to Take Discovery and Provide Suppl Briefing or to Strike Second Declaration by Robert Whiteman by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager for Ex Parte. (Attachments: #1 Declaration of Mark Poole ISO ExParte Appl for Leave for Discovery and Supplemental Briefing)(Poole, Mark)
May 20, 2011 Opinion or Order Filing 232 PROPOSED ORDER Proposed Order re #224 Declaration, #231 Ex Parte Application,, by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager. (Poole, Mark)
May 20, 2011 Opinion or Order Filing 231 EX PARTE APPLICATION To File Unredacted Objections to the Second Declaration of Robert Whiteman Under Seal by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager for Ex Parte. (Attachments: #1 Declaration Declaration of Mark Poole ISO Defendants' and Defendant-Intervenors' Ex Parte Appl to File Unredacted Objections Under Seal)(Poole, Mark)
May 16, 2011 Opinion or Order Filing 230 NOTICE Letter to Hon. Lawrence J. O'Neill by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union. (Kinsey, John)
May 16, 2011 Opinion or Order Filing 229 SUPPLEMENT by American Trucking Associations, Center for North American Energy Security, National Petrochemical & Refiners Association, The Consumer Energy Alliance re #125 MOTION for SUMMARY JUDGMENT, #128 Statement,. (Attachments: #1 Exhibit)(Martella, Roger)
May 16, 2011 Opinion or Order Filing 228 ORDER GRANTING APPLICATION FOR LEAVE TO FILE SUPPLEMENTAL DECLARATION OF TIMOTHY HOGAN (ECF NO. 128-1) IN SUPPORT OF NPRA PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT signed by District Judge Lawrence J. O'Neill on May 16, 2011. (Lira, I)
May 13, 2011 Opinion or Order Filing 227 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Devorah Ancel for Sierra Club (Ancel, Devorah)
May 13, 2011 Opinion or Order Filing 226 APPLICATION for Leave to File Supplemental Declaration of Timothy Hogan (ECF 128-1) in Support of NPRA Plaintiffs' Motion for Summary Judgment by American Trucking Associations, Center for North American Energy Security, National Petrochemical & Refiners Association, The Consumer Energy Alliance. (Attachments: #1 Exhibit A: Supplement to Hogan Declaration (ECF 128-1), #2 Exhibit B: 09-1237 slip op., #3 Exhibit C: Excerpts from Initial Statement, #4 Proposed Order)(Martella, Roger)
May 12, 2011 Opinion or Order Filing 225 SEALED EVENT (Robles, S)
May 12, 2011 Opinion or Order Filing 224 DECLARATION of Robert Whitman [Second] in Support of Plaintiffs' Motion for Preliminary Injunction. (Kinsey, John)
May 11, 2011 Opinion or Order Filing 223 ORDER GRANTING PLAINTIFF GROWTH ENERGY'S EX PARTE APPLICATION FOR LEAVE TO FILE SUPPLEMENTAL DECLARATION AND ORDER TO FILE UNREDACTED VERSION OF DECLARATION UNDER SEAL signed by District Judge Lawrence J. O'Neill on May 11, 2011. (Lira, I)
May 11, 2011 Opinion or Order Filing 222 EX PARTE APPLICATION by Growth Energy for (1) Leave to File Supplemental Declaration in Support of Motion for Preliminary Injunction; and (2) Order to File an Unredacted Version of Declaration Under Seal. (Attachments: #1 Declaration of Timothy Jones, #2 Exhibit A & B to Declaration of Timothy Jones, #3 Proposed Order)(Kinsey, John)
April 27, 2011 Opinion or Order Filing 221 STIPULATION and PROTECTIVE ORDER signed by Magistrate Judge Dennis L. Beck on 4/26/2011. (Figueroa, O)
April 25, 2011 Opinion or Order Filing 220 STIPULATION and PROPOSED ORDER for Protective Order in Case No.: 1:09-CV-02234-LJO-DLB by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union. (Kinsey, John)
April 19, 2011 Opinion or Order Filing 219 MINUTE ORDER (Text Only): The hearing re Defendants and Defendant-Intervenors' Motion to Strike (Doc. #212 ) now set for 4/25/2011 before the Hon. Lawrence J. O'Neill is hereby VACATED; the matter stands submitted and no party shall appear at this time. (Arellano, S.)
April 18, 2011 Opinion or Order Filing 218 TRANSCRIPT of Proceedings held on 4/8/2011, before Magistrate Judge Dennis L. Beck. DEFENDANT'S MOTION TO COMPEL FURTHER RESPONSES HEARING filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 5/9/2011. Redacted Transcript Deadline set for 5/19/2011. Release of Transcript Restriction set for 7/18/2011. (Figueroa, O)
April 12, 2011 Opinion or Order Filing 217 ORDER DENYING #162 Defendant and Defendant-Intervenors' Motion to Compel signed by Magistrate Judge Dennis L. Beck on 4/11/2011. (Hernandez, M)
April 8, 2011 Opinion or Order Filing 216 MINUTES (Text Only) for proceedings held before Magistrate Judge Dennis L. Beck: MOTION HEARING RE DEFENDANT'S MOTION TO COMPEL FURTHER RESPONSES held on 4/8/2011, MOTIONS SUBMITTED. The Court to Issue Order. Plaintiffs Counsel John Kinsey, James Coleman by telephone, Paul Zidlicky by telephone, Tim Jones, Stuart Drake, Tom Lotterman, Bryan Killan present. Defendants Counsel Gavin McCabe, David Pettit present. Court Reporter/CD Number: ECRO. (Hernandez, M) Modified on 4/11/2011 (Hernandez, M).
April 1, 2011 Opinion or Order Filing 215 RESPONSE by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union to #212 MOTION to STRIKE Evidence Submitted with RMFU Reply in Support of Motion for Preliminary Injunction. (Kinsey, John)
April 1, 2011 Opinion or Order Filing 214 OPPOSITION by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union to #212 MOTION to STRIKE Evidence Submitted with RMFU Reply in Support of Motion for Preliminary Injunction. (Kinsey, John)
March 30, 2011 Opinion or Order Filing 213 AMENDED DOCUMENT by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Daniel Sperling, John G. Telles, Ken Yeager: Amended #175 Declaration,. (Attachments: #1 Exhibit A, #2 Exhibit B-1, #3 Exhibit B-2, #4 Exhibit B-3, #5 Exhibit B-4, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E-1, #9 Exhibit E-2, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H)(Poole, Mark)
March 28, 2011 Opinion or Order Filing 212 MOTION to STRIKE Evidence Submitted with RMFU Reply in Support of Motion for Preliminary Injunction by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager. Motion Hearing set for 4/25/2011 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Poole, Mark)
March 28, 2011 Opinion or Order Filing 211 REPLY by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager re #138 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Reply Statement of Undisputed Material Facts, #2 Response to Plaintiffs' Objections to Declarations)(Poole, Mark)
March 28, 2011 Opinion or Order Filing 210 REPLY by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager re #172 MOTION Renewed Rule 56(d) Motion to deny RMFU Plaintiffs' Motion for Summary Judgment re #137 MOTION Motion to Defer Consideration or Deny Motions for Summary Judgment, #111 MOTION for SUMMARY JUDGMENT, #139 Opposition to Motion,, MOTION Renewed Rule 56(d) Motion to deny RMFU Plaintiffs' Motion for Summary Judgment re #137 MOTION Motion to Defer Consideration or Deny Motions for Summary Judgment, #111 MOTION for SUMMARY JUDGMENT, #139 Opposition to Motion,, MOTION Renewed Rule 56(d) Motion to deny RMFU Plaintiffs' Motion for Summary Judgment re #137 MOTION Motion to Defer Consideration or Deny Motions for Summary Judgment, #111 MOTION for SUMMARY JUDGMENT, #139 Opposition to Motion,, MOTION Renewed Rule 56(d) Motion to deny RMFU Plaintiffs' Motion for Summary Judgment re #137 MOTION Motion to Defer Consideration or Deny Motions for Summary Judgment, #111 MOTION for SUMMARY JUDGMENT, #139 Opposition to Motion,,, #192 Opposition to Motion,,,,,. (McCabe, Gavin)
March 28, 2011 Opinion or Order Filing 209 MINUTE ORDER: (TEXT ENTRY ONLY) This Court has read and reviewed the parties March 25, 2011 joint status report and agrees with the parties that the Statement of Decision has no effect on the pending motions. Accordingly, this Court takes no action. Should a party's position change, that party should notify this Court as soon as practicable signed by District Judge Lawrence J. O'Neill on March 28, 2011. (Lira, I)
March 25, 2011 Opinion or Order Filing 208 JOINT STATUS REPORT by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union. (Kinsey, John)
March 22, 2011 Opinion or Order Filing 207 MINUTE ORDER: (TEXT ENTRY ONLY) This Court has read and reviewed the Statement of Decision: Order Granting in Part Petition for Writ of Mandate ("Statement of Decision") issued on March 18, 2011 by Judge Ernest H. Goldsmith of the Superior Court of California, County of San Francisco in Case No. CPF-09-509562. Because of the immense amount of judicial time and resources required to address the pending summary judgment and preliminary injunction motions, this Court ORDERS the parties to file a brief, joint status report describing each party's position on what effect, if any, the Statement of Decision has on any of the pending motions. The joint status report shall be filed no later than this Friday, March 25, 2011. If any party wishes to receive an electronic copy of the Statement of Decision, that party should contact this Court's chambers at (559) 499-5990 signed by District Judge Lawrence J. O'Neill on March 22, 2011. (Lira, I)
March 21, 2011 Opinion or Order Filing 206 ORDER GRANTING DEFENDANTS' REQUEST FOR LEAVE TO ENLARGE THE PAGE LIMIT FOR REPLY BRIEF signed by District Judge Lawrence J. O'Neill on March 21, 2011. (Lira, I)
March 18, 2011 Opinion or Order Filing 205 REQUEST for Leave To Enlarge The Page Limit For Reply Brief In Support Of Defendants' Cross-Motion For Summary Judgment by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Daniel Sperling, John G. Telles, Ken Yeager re #138 MOTION for SUMMARY JUDGMENT filed by John R. Balmes, Daniel Sperling, Edmond G. Brown, Jr., Arnold Schwarzenegger, Environmental Defense Fund, Ken Yeager, James N. Goldstene, Sierra Club, Mary D. Nichols, Barbara Riordan, Dorene D'Adamo, Sandra Berg, Conservation Law Foundation, Ron Roberts, Natural Resources Defense Council, Inc., Ronald O. Loveridge, Lydia H. Kennard, John G. Telles. (Attachments: #1 Proposed Order (Proposed) Order Granting Defendants' Request to Enlarge the Page Limit)(Poole, Mark)
March 17, 2011 Opinion or Order Filing 204 ORDER to continue MOTION HEARING as to #162 DEFENDANT'S MOTION to COMPEL Further Responses: Motion Hearing is RESET from 3/18/2011 to 4/8/2011 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. Order signed by Magistrate Judge Dennis L. Beck on 3/16/2011. (Hernandez, M)
March 16, 2011 Opinion or Order Filing 203 RESPONSE by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union to #202 Request,,. (Kinsey, John)
March 16, 2011 Opinion or Order Filing 202 REQUEST for Continuance of Hearing on Motion to Compel by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager re 164 Minute Order,, Set/Reset Motion Hearing, #162 MOTION to COMPEL Further Responses filed by Natural Resources Defense Council, Inc., Conservation Law Foundation. (McCabe, Gavin)
March 15, 2011 Opinion or Order Filing 201 SEALED EVENT: Exhibit (Robles, S)
March 15, 2011 Opinion or Order Filing 200 SEALED EVENT : Exhibit (Robles, S)
March 15, 2011 Opinion or Order Filing 199 SEALED EVENT: Declaration (Robles, S)
March 15, 2011 Opinion or Order Filing 198 ORDER granting #188 Ex Parte Application to file certain documents under seal signed by District Judge Lawrence J. O'Neill on 3/14/2011. (Lundstrom, T)
March 15, 2011 Opinion or Order Filing 197 CLERK'S NOTICE to attorney John Kinsey re #196 REQUEST: For future filings, when submitting a Request for Judicial Notice, please use the specific event Request for Judicial Notice which may be found in the Motion Related Documents Category. Do not use the generic Request event when a more specific event is available. (Sant Agata, S)
March 14, 2011 Opinion or Order Filing 196 REQUEST for Judicial Notice by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union. (Attachments: #1 Exhibit)(Kinsey, John)
March 14, 2011 Opinion or Order Filing 195 OBJECTIONS by Plaintiffs California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union to #140 Opposition to Motion,,,,. (Kinsey, John)
March 14, 2011 Opinion or Order Filing 194 RESPONSE by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union to #140 Opposition to Motion,,,,. (Kinsey, John)
March 14, 2011 Opinion or Order Filing 193 REPLY by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union re #115 MOTION for PRELIMINARY INJUNCTION. (Attachments: #1 Declaration of Robert Whiteman, #2 Declaration of James Lyons, #3 Declaration of Jesse David, #4 Declaration of Stuart Harden)(Kinsey, John)
March 14, 2011 Opinion or Order Filing 192 OPPOSITION by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union to #172 MOTION Renewed Rule 56(d) Motion to deny RMFU Plaintiffs' Motion for Summary Judgment re #137 MOTION Motion to Defer Consideration or Deny Motions for Summary Judgment, #111 MOTION for SUMMARY JUDGMENT, #139 Opposition to Motion,, MOTION Renewed Rule 56(d) Motion to deny RMFU Plaintiffs' Motion for Summary Judgment re #137 MOTION Motion to Defer Consideration or Deny Motions for Summary Judgment, #111 MOTION for SUMMARY JUDGMENT, #139 Opposition to Motion,, MOTION Renewed Rule 56(d) Motion to deny RMFU Plaintiffs' Motion for Summary Judgment re #137 MOTION Motion to Defer Consideration or Deny Motions for Summary Judgment, #111 MOTION for SUMMARY JUDGMENT, #139 Opposition to Motion,, MOTION Renewed Rule 56(d) Motion to deny RMFU Plaintiffs' Motion for Summary Judgment re #137 MOTION Motion to Defer Consideration or Deny Motions for Summary Judgment, #111 MOTION for SUMMARY JUDGMENT, #139 Opposition to Motion,,. (Attachments: #1 Exhibit)(Kinsey, John)
March 14, 2011 Opinion or Order Filing 191 REPLY by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union re #111 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Reply to Defendants Response to Statement of Undisputed Facts: Response to Defendants Counter-Statement of Facts)(Kinsey, John)
March 14, 2011 Opinion or Order Filing 190 OPPOSITION by American Trucking Associations, California Dairy Campaign, Center for North American Energy Security, Fresno County Farm Bureau, Growth Energy, National Petrochemical & Refiners Association, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union, The Consumer Energy Alliance to #138 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Plaintiffs' Joint Response to Defendants' Statement of Material Facts Not Subject to Genuine Dispute)(Martella, Roger)
March 14, 2011 Opinion or Order Filing 189 REPLY by American Trucking Associations, Center for North American Energy Security, National Petrochemical & Refiners Association, The Consumer Energy Alliance re #126 Memorandum in Support of Motion. (Attachments: #1 Reply to Defendants Response to NPRA's Statement of Undisputed Facts; Response to Defendants' Counter-Statement of Facts, #2 NPRA Plaintiffs' Response to the Declaration of Bruce A. Babcock, #3 NPRA Plaintiffs' Response to the Declaration of Sabrina Spatari, #4 NPRA's Evidentiary Objections to the Declaration of Michael Scheible, #5 NPRA's Response to Defendants' Objections to Request for Judicial Notice, #6 NPRA's Response to Defendants' Objections to the Declaration of Timothy Hogan)(Martella, Roger)
March 14, 2011 Opinion or Order Filing 188 EX PARTE APPLICATION by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union for An Order to File Under Seal Certain Documents in Support of Reply Memorandum of Points & Authorities For Motion For Preliminary Injunction. (Attachments: #1 Declaration John P. Kinsey, #2 Exhibit A to Declaration of John P. Kinsey, #3 Proposed Order)(Kinsey, John)
March 11, 2011 Opinion or Order Filing 187 STATEMENT of All Parties by Intervenor Defendant Natural Resources Defense Council, Inc. re #162 MOTION to COMPEL Further Responses. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Pettit, David)
March 10, 2011 Opinion or Order Filing 186 ORDER ON AMICUS CURIAE REQUESTS signed by District Judge Lawrence J. O'Neill on March 10, 2011. (Lira, I)
March 9, 2011 Opinion or Order Filing 185 STATEMENT of NON-OPPOSITION by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager to #176 MOTION for Leave to File an Amicus Brief in Support of Defedants' Motion for Summary Judgment and in Opposition to Plaintiffs' Motions for Summary Judgment, #177 MOTION For Leave To File An Amicus Brief In Support Of Plaintiffs' Motion For Summary Judgment. (Poole, Mark)
March 9, 2011 Opinion or Order Filing 184 MINUTE ORDER: (TEXT ENTRY ONLY) For good cause appearing, the plaintiffs' requests for leave to enlarge the page limit for their reply briefs (Docs. 180, 183) is GRANTED signed by District Judge Lawrence J. O'Neill on March 9, 2011. (Lira, I)
March 8, 2011 Opinion or Order Filing 183 REQUEST for RMFU Plaintiffs' Request for Leave to Enlarge The Page Limit for Their Reply Brief in Support of Their Motion for Summary Judgment by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union. (Kinsey, John)
March 8, 2011 Opinion or Order Filing 182 PROPOSED ORDER re #180 Request, by Center for North American Energy Security, National Petrochemical & Refiners Association, The Consumer Energy Alliance. (Martella, Roger)
March 8, 2011 Opinion or Order Filing 181 STATEMENT of NON-OPPOSITION by American Trucking Associations, California Dairy Campaign, Center for North American Energy Security, Fresno County Farm Bureau, Growth Energy, National Petrochemical & Refiners Association, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union, The Consumer Energy Alliance to #176 MOTION for Leave to File an Amicus Brief in Support of Defedants' Motion for Summary Judgment and in Opposition to Plaintiffs' Motions for Summary Judgment, #177 MOTION For Leave To File An Amicus Brief In Support Of Plaintiffs' Motion For Summary Judgment. (Martella, Roger)
March 8, 2011 Opinion or Order Filing 180 REQUEST for Leave to Enlarge the Page Limit for Their Reply Brief by American Trucking Associations, Center for North American Energy Security, National Petrochemical & Refiners Association, The Consumer Energy Alliance re #126 Memorandum in Support of Motion filed by National Petrochemical & Refiners Association, American Trucking Associations, The Consumer Energy Alliance, Center for North American Energy Security. (Martella, Roger)
March 2, 2011 Opinion or Order Filing 179 MINUTE ORDER: (TEXT ENTRY ONLY) This Court VACATES the March 29, 2011 hearing set by defendants in their renewed Fed. R. Civ. P. 56(d) motion (Doc. 172). At this time, no hearings are set for any of the motions pending before the Honorable Lawrence J. O'Neill. Once briefing on all of the motions is complete, the Court shall review the documents submitted to determine whether a hearing on any of the motions is necessary, pursuant to Local Rule 230(g) signed by District Judge Lawrence J. O'Neill on March 2, 2011. (Lira, I)
March 2, 2011 Opinion or Order Filing 178 MINUTE ORDER: (TEXT ENTRY ONLY) Oppositions, if any, to the pending motions for leave to file an amicus brief (Docs. 176, 177) shall be filed no later than March 9, 2011. Thereafter, this Court shall take those motions under submission and rule on the pleadings pursuant to Local Rule 230(g). Accordingly, the March 29, 2011 hearing on the motion for leave to file an amicus brief is VACATED signed by District Judge Lawrence J. O'Neill on March 2, 2011. (Lira, I)
March 1, 2011 Opinion or Order Filing 177 MOTION For Leave To File An Amicus Brief In Support Of Plaintiffs' Motion For Summary Judgment by State of Nebraska. (Attachments: #1 Amicus Brief of the States of Nebraska, Kansas, Michigan, Missouri, North Dakota and South Dakota, #2 Proposed Order)(Griess, Kevin)
February 28, 2011 Opinion or Order Filing 176 MOTION for Leave to File an Amicus Brief in Support of Defedants' Motion for Summary Judgment and in Opposition to Plaintiffs' Motions for Summary Judgment by Clean Energy Fuels, Inc.. Attorney Meylan, Robert Lenz added. Motion Hearing set for 3/29/2011 at 08:30 AM before District Judge Lawrence J. O'Neill. (Attachments: #1 Clean Energy's Amicus Brief, #2 Proposed Order)(Meylan, Robert)
February 18, 2011 Opinion or Order Filing 175 DECLARATION of Mark Poole in OPPOSITION TO #115 MOTION for PRELIMINARY INJUNCTION, #111 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Poole, Mark)
February 18, 2011 Opinion or Order Filing 174 REQUEST for JUDICIAL NOTICE by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager in re #173 Opposition to Motion,,. (Attachments: #1 Exhibit to Supplemental Request for Judicial Notice)(Poole, Mark)
February 18, 2011 Opinion or Order Filing 173 OPPOSITION by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager to #111 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Statement Amended Statement of Material Facts, #2 Declaration Declaration of Michael Waugh)(Poole, Mark)
February 18, 2011 Opinion or Order Filing 172 MOTION Renewed Rule 56(d) Motion to deny RMFU Plaintiffs' Motion for Summary Judgment re #137 MOTION Motion to Defer Consideration or Deny Motions for Summary Judgment, #111 MOTION for SUMMARY JUDGMENT, #139 Opposition to Motion,, by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager. Attorney McCabe, Gavin Geraghty added. Motion Hearing set for 3/29/2011 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (McCabe, Gavin)
February 18, 2011 Opinion or Order Filing 171 OPPOSITION by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager to #115 MOTION for PRELIMINARY INJUNCTION. (Poole, Mark)
February 16, 2011 Opinion or Order Filing 170 PRO HAC VICE ORDER signed by Magistrate Judge Dennis L. Beck on 2/16/2011. Added attorney Kevin L. Griess, PHV for State of Nebraska. (Sant Agata, S)
February 16, 2011 Opinion or Order RECEIPT number CAE100014068 for $180.00 fbo Attorney Kevin L. Griess, Pro Hac Vice application #166 from Dana W. Hoffman. (Marrujo, C)
February 15, 2011 Opinion or Order Filing 166 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by State of Nebraska for attorney Kevin L. Griess to appear Pro Hac Vice. Attorney Kinsey, John P. added. (Attachments: #1 Certificate of Good Standing)(Kinsey, John)
February 15, 2011 Opinion or Order Filing 165 ORDER signed by District Judge Lawrence J. O'Neill on 2/15/2011, DENYING #163 Motion to Continue Briefing Schedule, (Kusamura, W)
February 15, 2011 Opinion or Order Filing 164 MINUTE ORDER: (TEXT ENTRY ONLY) THE COURT RESETS THE MOTION HEARING as to #162 MOTION to COMPEL Further Responses : Motion Hearing is RESET from 3/7/2011 to 3/18/2011 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Hernandez, M)
February 14, 2011 Opinion or Order Filing 163 MOTION to CONTINUE BRIEFING SCHEDULE RE MOTIONS FOR SUMMARY JUDGMENT AND PRELIMINARY INJUNCTION by Conservation Law Foundation, Natural Resources Defense Council, Inc.. (Pettit, David)
February 14, 2011 Opinion or Order Filing 162 MOTION to COMPEL Further Responses by Conservation Law Foundation, Natural Resources Defense Council, Inc.. Motion Hearing set for 3/7/2011 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Pettit, David)
February 10, 2011 Opinion or Order Filing 161 COURT'S RESPONSE TO FEBRUARY 8, 2011 STATUS REPORT signed by District Judge Lawrence J. O'Neill on February 10, 2011. (Lira, I)
February 8, 2011 Opinion or Order Filing 160 JOINT STATUS REPORT by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union. (Attachments: #1 Exhibit Exhibit "A" & "B", #2 Exhibit Exhibit "C" & "D", #3 Exhibit Exhibit "E" & "F")(Kinsey, John)
January 26, 2011 Opinion or Order Filing 159 STIPULATION and ORDER MODIFYING BRIEFING SCHEDULE signed by District Judge Lawrence J. O'Neill on January 26, 2011. (Lira, I)
January 25, 2011 Opinion or Order Filing 158 STIPULATION and PROPOSED ORDER for Modifying Briefing Schedule by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union. (Kinsey, John)
January 14, 2011 Opinion or Order Filing 157 ORDER ON DEFENDANTS' AND INTERVENORS' FED.R.CIV.P. 56(d) MOTION #137 signed by District Judge Lawrence J. O'Neill on January 14, 2011. (Lira, I)
January 13, 2011 Opinion or Order Filing 156 REPLY by Conservation Law Foundation, Natural Resources Defense Council, Inc. to RESPONSE to #137 MOTION Motion to Defer Consideration or Deny Motions for Summary Judgment. (Attachments: #1 Proposed Order)(Pettit, David)
January 6, 2011 Opinion or Order Filing 155 RESPONSE by American Trucking Associations, Center for North American Energy Security, National Petrochemical & Refiners Association, The Consumer Energy Alliance to #137 MOTION Motion to Defer Consideration or Deny Motions for Summary Judgment, #147 Order. (Attachments: #1 Exhibit A, #2 Exhibit B)(Martella, Roger)
January 6, 2011 Opinion or Order Filing 154 RESPONSE by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union to #147 Order. (Kinsey, John)
January 5, 2011 Opinion or Order Filing 153 MINUTE ORDER: (TEXT ENTRY ONLY) Counsel for defendants and defendant-intervenors are reminded that this Court's standing order requires counsel to submit a complete set of courtesy copies, properly tabbed and fastened, of all papers that exceed 25 pages. Pursuant to this Court's order, defendants shall submit courtesy copies to chambers of the documents contained in the multiple docket entries filed between December 17-22, 2010 signed by District Judge Lawrence J. O'Neill on January 5, 2011. (Lira, I)
December 22, 2010 Opinion or Order Filing 152 STIPULATION EXTENDING TIME signed by District Judge Lawrence J. O'Neill on December 22, 2010. (Lira, I)
December 22, 2010 Opinion or Order Filing 151 DECLARATION of Michael Scheible in SUPPORT OF #138 MOTION for SUMMARY JUDGMENT. (Poole, Mark)
December 22, 2010 Opinion or Order Filing 150 DECLARATION of Bruce Babcock in OPPOSITION TO #115 MOTION for PRELIMINARY INJUNCTION, #111 MOTION for SUMMARY JUDGMENT, #125 MOTION for SUMMARY JUDGMENT. (Poole, Mark)
December 22, 2010 Opinion or Order Filing 149 STIPULATION and PROPOSED ORDER for Extension of Time re #146 Opposition to Motion, #140 Opposition to Motion,,,, #138 MOTION for SUMMARY JUDGMENT, #148 Request for Judicial Notice,,,,,,,,,,,, #139 Opposition to Motion,, by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager. (Poole, Mark)
December 22, 2010 Opinion or Order Filing 148 REQUEST for JUDICIAL NOTICE by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager in re #146 Opposition to Motion, #145 Request for Judicial Notice,,,, #143 Request for Judicial Notice,,, #138 Motion for Summary Judgment,, #139 Opposition to Motion,, #140 Opposition to Motion,,,, #144 Request for Judicial Notice,,,,,,, #142 Request for Judicial Notice,, #141 Request for Judicial Notice,,,,. (Attachments: #1 Exhibit A to Request for Judicial Notice in Support of Defendants' Cross-Motion for Summary Judgment, Defendants' Oppositions to Plaintiffs' Motions for Summary Judgment, and Opposition to Plaintiffs' Motion for Preliminary Injunction, #2 Exhibit B to Request for Judicial Notice in Support of Defendants' Cross-Motion for Summary Judgment, Defendants' Oppositions to Plaintiffs' Motions for Summary Judgment, and Opposition to Plaintiffs' Motion for Preliminary Injunction, #3 Exhibit C to Request for Judicial Notice in Support of Defendants' Cross-Motion for Summary Judgment, Defendants' Oppositions to Plaintiffs' Motions for Summary Judgment, and Opposition to Plaintiffs' Motion for Preliminary Injunction, #4 Exhibit D to Request for Judicial Notice in Support of Defendants' Cross-Motion for Summary Judgment, Defendants' Oppositions to Plaintiffs' Motions for Summary Judgment, and Opposition to Plaintiffs' Motion for Preliminary Injunction, #5 Exhibit P to Request for Judicial Notice in Support of Defendants' Cross-Motion for Summary Judgment, Defendants' Oppositions to Plaintiffs' Motions for Summary Judgment, and Opposition to Plaintiffs' Motion for Preliminary Injunction, #6 Exhibit Q to Request for Judicial Notice in Support of Defendants' Cross-Motion for Summary Judgment, Defendants' Oppositions to Plaintiffs' Motions for Summary Judgment, and Opposition to Plaintiffs' Motion for Preliminary Injunction, #7 Exhibit R to Request for Judicial Notice in Support of Defendants' Cross-Motion for Summary Judgment, Defendants' Oppositions to Plaintiffs' Motions for Summary Judgment, and Opposition to Plaintiffs' Motion for Preliminary Injunction, #8 Exhibit S to Request for Judicial Notice in Support of Defendants' Cross-Motion for Summary Judgment, Defendants' Oppositions to Plaintiffs' Motions for Summary Judgment, and Opposition to Plaintiffs' Motion for Preliminary Injunction, #9 Exhibit T to Request for Judicial Notice in Support of Defendants' Cross-Motion for Summary Judgment, Defendants' Oppositions to Plaintiffs' Motions for Summary Judgment, and Opposition to Plaintiffs' Motion for Preliminary Injunction)(Poole, Mark)
December 20, 2010 Opinion or Order Filing 147 ORDER TO SET NEW BRIEFING SCHEDULE AND TO STAY OTHER DEADLINES signed by District Judge Lawrence J. O'Neill on December 20, 2010. (Lira, I)
December 18, 2010 Opinion or Order Filing 146 OPPOSITION by James N. Goldstene to #125 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Statement Response to Separate Statement of Undisputed Facts and Defendants Undisputed Facts, #2 Statement Objection to Request for Judicial Notice, #3 Statement Objection to Hogan Declaration)(McCabe, Gavin)
December 18, 2010 Opinion or Order Filing 145 REQUEST for JUDICIAL NOTICE by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager in re #140 Opposition to Motion,,,, #143 Request for Judicial Notice,,, #144 Request for Judicial Notice,,,,,,, #142 Request for Judicial Notice,, #138 Motion for Summary Judgment,, #139 Opposition to Motion,, #141 Request for Judicial Notice,,,,. (Attachments: #1 Exhibit U part 1 to Request for Judicial Ntc in support of Opposition to Plaintiffs Motions for Summary Judgment, Opposition to Plaintiffs' Motion for Preliminary Injunction and Cross-Motion for Summary Judgment, #2 Exhibit U part 2 to Request for Judicial Ntc in support of Opposition to Plaintiffs Motions for Summary Judgment, Opposition to Plaintiffs' Motion for Preliminary Injunction and Cross-Motion for Summary Judgment)(Poole, Mark)
December 18, 2010 Opinion or Order Filing 144 REQUEST for JUDICIAL NOTICE by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager in re #143 Request for Judicial Notice,,, #138 Motion for Summary Judgment,, #139 Opposition to Motion,, #140 Opposition to Motion,,,, #142 Request for Judicial Notice,, #141 Request for Judicial Notice,,,,. (Attachments: #1 Exhibit L to N to Request for Judicial Ntc in support of Opposition to Plaintiffs Motions for Summary Judgment, Opposition to Plaintiffs' Motion for Preliminary Injunction and Cross-Motion for Summary Judgment, #2 Exhibit O to P to Request for Judicial Ntc in support of Opposition to Plaintiffs Motions for Summary Judgment, Opposition to Plaintiffs' Motion for Preliminary Injunction and Cross-Motion for Summary Judgment, #3 Exhibit R to T to Request for Judicial Ntc in support of Opposition to Plaintiffs Motions for Summary Judgment, Opposition to Plaintiffs' Motion for Preliminary Injunction and Cross-Motion for Summary Judgment, #4 Exhibit AA to BB to Request for Judicial Ntc in support of Opposition to Plaintiffs Motions for Summary Judgment, Opposition to Plaintiffs' Motion for Preliminary Injunction and Cross-Motion for Summary Judgment, #5 Exhibit CC to FF to Request for Judicial Ntc in support of Opposition to Plaintiffs Motions for Summary Judgment, Opposition to Plaintiffs' Motion for Preliminary Injunction and Cross-Motion for Summary Judgment, #6 IFP Motion GG to KK to Request for Judicial Ntc in support of Opposition to Plaintiffs Motions for Summary Judgment, Opposition to Plaintiffs' Motion for Preliminary Injunction and Cross-Motion for Summary Judgment)(Poole, Mark)
December 18, 2010 Opinion or Order Filing 143 REQUEST for JUDICIAL NOTICE by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager in re #140 Opposition to Motion,,,, #142 Request for Judicial Notice,, #138 Motion for Summary Judgment,, #139 Opposition to Motion,, #141 Request for Judicial Notice,,,,. (Attachments: #1 Exhibit V to Z to Request for Judicial Ntc in support of Opposition to Plaintiffs Motions for Summary Judgment, Opposition to Plaintiffs' Motion for Preliminary Injunction and Cross-Motion for Summary Judgment)(Poole, Mark)
December 18, 2010 Opinion or Order Filing 142 REQUEST for JUDICIAL NOTICE by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager in re #140 Opposition to Motion,,,, #138 Motion for Summary Judgment,, #139 Opposition to Motion,, #141 Request for Judicial Notice,,,,. (Attachments: #1 Exhibit E to I)(Poole, Mark)
December 17, 2010 Opinion or Order Filing 141 REQUEST for JUDICIAL NOTICE by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager in re #140 Opposition to Motion,,,, #138 Motion for Summary Judgment,, #139 Opposition to Motion,,. (Attachments: #1 Exhibit B to Request for Judicial Ntc in support of Opposition to Plaintiffs Motions for Summary Judgment, Opposition to Plaintiffs' Motion for Preliminary Injunction and Cross-Motion for Summary Judgment, #2 Exhibit C to Request for Judicial Ntc in support of Opposition to Plaintiffs Motions for Summary Judgment, Opposition to Plaintiffs' Motion for Preliminary Injunction and Cross-Motion for Summary Judgment, #3 Exhibit to Request for Judicial Ntc in support of Opposition to Plaintiffs Motions for Summary Judgment, Opposition to Plaintiffs' Motion for Preliminary Injunction and Cross-Motion for Summary Judgment)(Poole, Mark)
December 17, 2010 Opinion or Order Filing 140 OPPOSITION by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager to #115 MOTION for PRELIMINARY INJUNCTION. (Attachments: #1 Declaration of Dan Adler in Support of Opposition to Motion for Preliminary Injunction, #2 Declaration of Todd Ellis in Support of Opposition to Motion for Preliminary Injunction, #3 Declaration Michael Scheible in Support of Opposition to Motion for Preliminary Injunction, #4 Declaration Sabrina Spatari in Support of Opposition to Motion for Preliminary Injunction, #5 Declaration Objections to Brian Declaration, #6 Declaration Objections to Clark Declaration, #7 Declaration Objections to Dineen Declaration, #8 Declaration Objections to Harden Declaration, #9 Declaration Objections to Hogan Declaration, #10 Declaration Objections to Lyons Declaration, #11 Declaration Objections to David Declaration)(Poole, Mark)
December 17, 2010 Opinion or Order Filing 139 OPPOSITION by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager to #111 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Statement of Material Facts not in Dispute in Support of Opposition to RMFU Plaintiffs Motion for Summary Judgment)(Poole, Mark)
December 17, 2010 Opinion or Order Filing 138 MOTION for SUMMARY JUDGMENT by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager. Motion Hearing set for 2/23/2011 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Attachments: #1 Memorandum in Support of Defendants' Cross Motion for Summary Judgment, #2 Statement of Material Facts Not Subject to Genuine Dispute in Support of Defendants' Cross Motion for Summary Judgment)(Poole, Mark)
December 17, 2010 Opinion or Order Filing 137 MOTION Motion to Defer Consideration or Deny Motions for Summary Judgment by John R. Balmes, Sandra Berg, Edmond G. Brown, Jr, Conservation Law Foundation, Dorene D'Adamo, Environmental Defense Fund, James N. Goldstene, Lydia H. Kennard, Ronald O. Loveridge, Natural Resources Defense Council, Inc., Mary D. Nichols, Barbara Riordan, Ron Roberts, Arnold Schwarzenegger, Sierra Club, Daniel Sperling, John G. Telles, Ken Yeager. Attorney Poole, Mark William added. Motion Hearing set for 2/23/2011 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Attachments: #1 Declaration Declaration of David Pettit in Support of Rule 56(d) Motion)(Poole, Mark)
December 17, 2010 Opinion or Order Filing 135 ORDER GRANTING ROCKY MOUNTAIN PLAINTIFFS' EX PARTE APPLICATION FOR AN ORDER TO FILE UNDER SEAL EXHIBITS TO MOTION FOR PRELIMINARY INJUNCTION signed by District Judge Lawrence J. O'Neill on December 17, 2010. (Lira, I)
December 15, 2010 Opinion or Order Filing 134 CLARIFICATION REGARDING AMICUS CURIAE BRIEFING DEADLINE signed by District Judge Lawrence J. O'Neill on December 15, 2010. (Lira, I)
November 12, 2010 Opinion or Order Filing 133 ORDER TO ENLARGE PAGE LIMITS re #132 Motion signed by District Judge Lawrence J. O'Neill on 11/12/2010. (Jessen, A)
November 10, 2010 Opinion or Order Filing 132 MOTION Enlarge Page Limits by James N. Goldstene. (Attachments: #1 Proposed Order Proposed Order Granting Motion to Enlarge Page Limits)(McCabe, Gavin)
November 3, 2010 Opinion or Order Filing 131 ORDER GRANTING Rocky Mountain Plaintiffs' Ex Parte Application for an Order to File Under Seal Exhibits to Motion for Preliminary Injunction signed by District Judge Lawrence J. O'Neill on 11/2/2010. (Jessen, A)
November 2, 2010 Opinion or Order Filing 130 MEMORANDUM by Growth Energy in SUPPORT of #115 MOTION for PRELIMINARY INJUNCTION. (Attachments: #1 Declaration)(Drake, Stuart)
November 1, 2010 Opinion or Order Filing 136 SEALED EVENT. (Fahrney, E)
November 1, 2010 Opinion or Order Filing 129 REQUEST for JUDICIAL NOTICE by American Trucking Associations, Center for North American Energy Security, National Petrochemical & Refiners Association, The Consumer Energy Alliance in re #125 Motion for Summary Judgment,. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fiala, Marie)
November 1, 2010 Opinion or Order Filing 128 STATEMENT of Undisputed Facts in Support of Motion for Partial Summary Judgment by Plaintiffs American Trucking Associations, Center for North American Energy Security, National Petrochemical & Refiners Association, The Consumer Energy Alliance re #125 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit A - Declaration of Timothy Hogan)(Fiala, Marie)
November 1, 2010 Opinion or Order Filing 127 REQUEST for Judicial Notice in Support of Plaintiffs' Motions for Summary Judgment and Preliminary Injunction by Growth Energy re #115 MOTION for PRELIMINARY INJUNCTION filed by Growth Energy, #111 MOTION for SUMMARY JUDGMENT filed by Growth Energy. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit)(Drake, Stuart)
November 1, 2010 Opinion or Order Filing 126 MEMORANDUM by American Trucking Associations, Center for North American Energy Security, National Petrochemical & Refiners Association, The Consumer Energy Alliance in SUPPORT of #125 MOTION for SUMMARY JUDGMENT. (Fiala, Marie)
November 1, 2010 Opinion or Order Filing 125 MOTION for SUMMARY JUDGMENT by American Trucking Associations, Center for North American Energy Security, National Petrochemical & Refiners Association, The Consumer Energy Alliance. Motion Hearing set for 2/23/2011 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Fiala, Marie)
November 1, 2010 Opinion or Order Filing 124 DECLARATION of Stuart H. Harden in SUPPORT OF #115 MOTION for PRELIMINARY INJUNCTION. (Drake, Stuart)
November 1, 2010 Opinion or Order Filing 123 DECLARATION of Robert M. Dinneen in SUPPORT OF #115 MOTION for PRELIMINARY INJUNCTION. (Drake, Stuart)
November 1, 2010 Opinion or Order Filing 122 DECLARATION of Jesse David in SUPPORT OF #115 MOTION for PRELIMINARY INJUNCTION. (Drake, Stuart)
November 1, 2010 Opinion or Order Filing 121 DECLARATION of Gerald A. Brian in SUPPORT OF #115 MOTION for PRELIMINARY INJUNCTION. (Drake, Stuart)
November 1, 2010 Opinion or Order Filing 120 DECLARATION of James M. Lyons in SUPPORT OF #115 MOTION for PRELIMINARY INJUNCTION. (Drake, Stuart)
November 1, 2010 Opinion or Order Filing 119 ***Please Disregard, Filed In Error***DECLARATION of Robert M. Dinneen in SUPPORT OF #115 MOTION for PRELIMINARY INJUNCTION. (Drake, Stuart)
November 1, 2010 Opinion or Order Filing 118 DECLARATION of Wesley K. Clark in SUPPORT OF #115 MOTION for PRELIMINARY INJUNCTION. (Drake, Stuart)
November 1, 2010 Opinion or Order Filing 117 PROPOSED ORDER Proposed Order Granting Plaintiffs' Motion for Preliminary Injunction re #115 MOTION for PRELIMINARY INJUNCTION by Growth Energy. (Drake, Stuart)
November 1, 2010 Opinion or Order Filing 116 MEMORANDUM by Growth Energy in SUPPORT OF re #115 MOTION for PRELIMINARY INJUNCTION filed by Growth Energy. (Drake, Stuart)
November 1, 2010 Opinion or Order Filing 115 MOTION for PRELIMINARY INJUNCTION by Growth Energy. Motion Hearing set for 2/23/2011 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Drake, Stuart)
November 1, 2010 Opinion or Order Filing 114 STATEMENT of Material Facts in Support of Plaintiffs' Motion for Summary Judgment by Plaintiff Growth Energy re #111 MOTION for SUMMARY JUDGMENT. (Drake, Stuart)
November 1, 2010 Opinion or Order Filing 113 PROPOSED ORDER Proposed Order Granting Summary Judgment re #111 MOTION for SUMMARY JUDGMENT by Growth Energy. (Drake, Stuart)
November 1, 2010 Opinion or Order Filing 112 MEMORANDUM by Growth Energy in SUPPORT OF re #111 MOTION for SUMMARY JUDGMENT filed by Growth Energy. (Drake, Stuart)
November 1, 2010 Opinion or Order Filing 111 MOTION for SUMMARY JUDGMENT by Growth Energy. Motion Hearing set for 2/23/2010 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Drake, Stuart)
November 1, 2010 Opinion or Order Filing 110 EX PARTE APPLICATION For An Order to File Under Seal Exhibits to Motion for Preliminary Injunction by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union. (Attachments: #1 Declaration John P. Kinsey, #2 Exhibit A to Declaration of John P. Kinsey, #3 Proposed Order)(Kinsey, John)
October 29, 2010 Opinion or Order Filing 109 ORDER GRANTING plaintiffs' request to exceed page limit requirements in re the filing of motions for summary judgment, documents #107 and #108 ; order signed by District Judge Lawrence J. O'Neill on 10/29/2010. (Rooney, M)
October 29, 2010 Opinion or Order Filing 108 REQUEST for Leave to Enlarge Page Limits for Motion for Summary Judgment and Motion for Preliminary Injunction by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union. (Attachments: #1 Proposed Order Granting Rocky Mountain Plaintiffs' Request for Leave to Enlarge Page Limits for Motion for Summary Judgment and Motion for Preliminary Judgment)(Kinsey, John)
October 28, 2010 Opinion or Order Filing 107 REQUEST for Leave to Enlarge Page Limits for Motion for Summary Judgment by American Trucking Associations, Center for North American Energy Security, National Petrochemical & Refiners Association, The Consumer Energy Alliance. (Coleman, James)
October 18, 2010 Opinion or Order Filing 106 ORDER CONSOLIDATING CASES signed by Magistrate Judge Dennis L. Beck on 10/15/2010. Lead Case is 1:09-cv-02234-LJO-DLB. Member Case is 1:10-cv-00163-LJO-DLB. Member Case Closed. ALL FUTURE FILINGS TO BE MADE IN LEAD CASE. (Jessen, A)
October 13, 2010 Opinion or Order Filing 105 MINUTES (Text Only) for proceedings held before Magistrate Judge Dennis L. Beck: STATUS CONFERENCE held on 10/13/2010 - Pursuant to the discussion at the status conference, the Court orders the following schedule: Plaintiffs' motion for preliminary injunction and motion for summary judgment shall be filed by November 1, 2010. Oppositions to Plaintiffs' motions, as well as any cross-motion or Rule 56(f) motion by Defendants, shall be filed by December 17, 2010. Plaintiffs' replies and any oppositions shall be filed by January 14, 2011. Defendants' replies shall be filed by February 1, 2011. All motions shall be heard on February 23, 2011, in Courtroom 4, at 8:30 a.m. before Judge O'Neill.Court Reporter/CD Number: In Chambers. (Hernandez, M)
October 11, 2010 Opinion or Order Filing 104 STIPULATION and PROPOSED ORDER for Consolidating Cases by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union. (Kinsey, John)
October 11, 2010 Opinion or Order Filing 103 STATUS REPORT by James N. Goldstene. (Attachments: #1 Exhibit A)(Poole, Mark)
October 11, 2010 Opinion or Order Filing 102 STATUS REPORT by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union. (Attachments: #1 Exhibit A)(Kinsey, John)
September 23, 2010 Opinion or Order Filing 101 MINUTES (Text Only) for proceedings held before Magistrate Judge Dennis L. Beck: TELEPHONIC STATUS CONFERENCE held on 9/23/2010. Parties agreed to consolidate cases, proposed Stipulation to follow. Parties discussed filing a motion for summary adjudictation. Further Status Conference set for 10/13/2010 at 01:00 PM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. Status Report is due October 11, 2010 by 4:00P.M. Plaintiffs Counsel T Jones, S Drake, Quinn - Telephonic present. Defendants Counsel J West, T O'Conner, R Matello, D Zonana, W Poole, G McCabe - Telephonic present. (Kusamura, W)
September 23, 2010 Opinion or Order Filing 100 STATUS REPORT by James N. Goldstene. (Attachments: #1 Exhibit A, #2 Exhibit B)(Poole, Mark)
September 22, 2010 Opinion or Order Filing 99 STATUS REPORT by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union. (Attachments: #1 Exhibit Attachment "A", #2 Exhibit Attachment "B", #3 Exhibit Attachment "C")(Kinsey, John)
September 17, 2010 Opinion or Order Filing 98 NOTICE OF APPEARANCE OF COUNSEL AND MOTION TO WITHDRAW COUNSEL by Natural Resources Defense Council, Inc. re 96 Scheduling Conference, Set/Reset Deadlines and Hearings,,,,,,. (Pettit, David)
September 15, 2010 Opinion or Order Filing 97 ORDER GRANTING #92 Environmental Defense Fund Leave to Intervene. The motion hearing set for 9/17/2010 at 9:00 am before Magistrate Judge Beck IS TAKEN OFF CALENDAR. Order signed by Magistrate Judge Dennis L. Beck on 9/15/2010. (Hernandez, M)
September 9, 2010 Opinion or Order Filing 96 MINUTES (Text Only) for proceedings held before Magistrate Judge Dennis L. Beck: SCHEDULING CONFERENCE held on 9/9/2010. Consolidation with case 1:10-CV-163 LJO DLB was discussed. The Court directs the parties to discuss consolidation and the time-line for target motions for summary judgment. TELEPHONIC STATUS CONFERENCE re same set for 9/23/2010 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. *If the parties come to an agreement prior to the 9/23/2010 hearing, they are to notify the Court in writing as well as provide the Court with the above-requested information. Plaintiffs Counsel T. Jones, J. Kinsey, S. Drake, T. Lotterman present. Defendants Counsel M. Poole, G. McCabe, J. West (telephonic), P. Gallagher (telephonic) present. Court Reporter/CD Number: ECRO. (Rooney, M)
September 2, 2010 Opinion or Order Filing 95 JOINT SCHEDULING REPORT by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union. (Kinsey, John)
August 25, 2010 Opinion or Order Filing 94 STIPULATION and PROPOSED ORDER for Granting Motion Seeking Leave to Intervene by Environmental Defense Fund. (O'Connor, Timothy)
August 17, 2010 Opinion or Order Filing 93 MINUTE ORDER: (TEXT ENTRY ONLY) Motion to Intervene currently set before Judge O'Neill has been CONTINUED AND RESET FOR 9/17/2010 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck signed by District Judge Lawrence J. O'Neill on August 17, 2010. (Lira, I)
August 16, 2010 Opinion or Order Filing 92 MOTION to INTERVENE and Memo of Points and Authorities by Environmental Defense Fund. Attorney O'Connor, Timothy Joseph added. Motion Hearing set for 9/15/2010 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Attachments: #1 Declaration Declaration of Eric Holst, #2 Proposed Order Proposed Order Granting Motion, #3 Declaration Declaration of Derek Walker)(O'Connor, Timothy)
August 3, 2010 Opinion or Order Filing 91 NOTICE of CHANGE of ADDRESS by John P. Kinsey. (Kinsey, John)
July 23, 2010 Opinion or Order Filing 90 STIPULATION and ORDER to continue the Scheduling Conference from 7/28/2010 to 9/9/2010 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. Order signed by Magistrate Judge Dennis L. Beck on 7/22/2010. (Hernandez, M)
July 19, 2010 Opinion or Order Filing 89 STIPULATION and PROPOSED ORDER for to Further Continue Mandatory Scheduling Conference by California Dairy Campaign, Fresno County Farm Bureau, Growth Energy, Rex Nederend, Nisei Farmers League, Penny Newman Grain, Inc., Redwood County Minnesota Corn and Soybeans Growers, Renewable Fuels Association, Rocky Mountain Farmers Union. (Kinsey, John)
July 14, 2010 Opinion or Order Filing 88 DEFENDANTS-INTERVENORS ANSWER to AMENDED COMPLAINT by Conservation Law Foundation, Natural Resources Defense Council, Inc., Sierra Club.(Pettit, David)
July 14, 2010 Opinion or Order Filing 87 DEFENDANT'S ANSWER to AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF by James N. Goldstene.(Poole, Mark)
June 29, 2010 Opinion or Order Filing 86 STIPULATION TO EXTEND TIME TO RESPOND TO SECOND AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF by James N. Goldstene. (Poole, Mark)
June 16, 2010 Opinion or Order Filing 85 ORDER on Defendant's Motion to Dismiss #23 , Signed by District Judge Lawrence J. O'Neill on June 16, 2010. (Arellano, S.)
June 11, 2010 Opinion or Order Filing 84 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Patrick Gallagher and Patrick Gallagher for Sierra Club (Gallagher, Patrick)
June 9, 2010 Opinion or Order Filing 83 MINUTE ORDER: (TEXT ENTRY ONLY) The motion to dismiss hearing set for 6/16/2010 before Judge O'Neill is VACATED, and the matter submitted on the pleadings, pursuant to Local Rule 230(g) signed by District Judge Lawrence J. O'Neill on June 9, 2010. (Lira, I)
June 8, 2010 Opinion or Order Filing 82 STIPULATION and ORDER to continue the Scheduling Conference from 6/30/2010 to 7/28/2010 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. Order signed by Magistrate Judge Dennis L. Beck on 6/7/2010. (Hernandez, M)
June 7, 2010 Opinion or Order Filing 81 STIPULATION and PROPOSED ORDER for to Further Continue Mandatory Scheduling Conference by Rocky Mountain Farmers Union, Redwood County Minnesota Corn and Soybeans Growers, Rex Nederend, Penny Newman Grain, Inc., Fresno County Farm Bureau, Nisei Farmers League, California Dairy Campaign, Growth Energy, Renewable Fuels Association. (Kinsey, John)
June 1, 2010 Opinion or Order Filing 80 REPLY by Rocky Mountain Farmers Union, Redwood County Minnesota Corn and Soybeans Growers, Rex Nederend, Penny Newman Grain, Inc., Fresno County Farm Bureau, Nisei Farmers League, California Dairy Campaign, Growth Energy, Renewable Fuels Association re #77 Reply to Response to Motion. (Kinsey, John)
May 24, 2010 Opinion or Order Filing 79 MINUTE ORDER: (TEXT ENTRY ONLY) Having read and reviewed the defendants' and defendant-intervenors' consolidated reply brief, the Court finds that a sur-reply to address the issues raised in the reply brief would be helpful to the Court's consideration of the issues presented in the motion to dismiss. Accordingly, this Court ORDERS as follows: Plaintiffs may file a sur-reply to the pending motion to dismiss. If plaintiffs choose to file a sur-reply, the sur-reply shall be no longer than ten (10) pages in length and shall be filed no later than Tuesday, June 1, 2010 signed by District Judge Lawrence J. O'Neill on May 24, 2010. (Lira, I)
May 19, 2010 Opinion or Order Filing 78 REQUEST for JUDICIAL NOTICE by James N. Goldstene, Natural Resources Defense Council, Inc., Sierra Club, Conservation Law Foundation in re #77 Reply to Response to Motion. (Attachments: #1 Request for Judicial Notice, Part 2)(Poole, Mark)
May 19, 2010 Opinion or Order Filing 77 REPLY by James N. Goldstene, Natural Resources Defense Council, Inc., Sierra Club, Conservation Law Foundation to RESPONSE to #23 MOTION to DISMISS. (Poole, Mark)
May 18, 2010 Opinion or Order Filing 76 MINUTE ORDER: (TEXT ENTRY ONLY) Having read and reviewed the joint proposed scheduling memorandum this Court CONTINUES the June 9, 2010 hearing on the motion to dismiss to June 16, 2010 at 8:30 a.m. in Courtroom 4 (LJO) signed by District Judge Lawrence J. O'Neill on May 18, 2010. (Lira, I)
May 17, 2010 Opinion or Order Filing 75 NOTICE Joint Proposed Schedule Regarding Hearing on Defendants' Motions to Dismiss by Rocky Mountain Farmers Union, Redwood County Minnesota Corn and Soybeans Growers, Rex Nederend, Penny Newman Grain, Inc., Fresno County Farm Bureau, Nisei Farmers League, California Dairy Campaign, Growth Energy, Renewable Fuels Association. (Kinsey, John)
May 17, 2010 Opinion or Order Filing 74 MINUTE ORDER: (TEXT ENTRY ONLY) Defendants' request to file an enlarged reply brief is GRANTED. Defendants shall file one consolidated reply brief in both actions. The reply brief shall not exceed 25 pages in length signed by District Judge Lawrence J. O'Neill on May 17, 2010. (Lira, I)
May 14, 2010 Opinion or Order Filing 73 PRO HAC VICE ORDER signed by Magistrate Judge Dennis L. Beck on 5/14/2010. Added attorney Thomas R. Lotterman, PHV for Renewable Fuels Association. (Bradley, A)
May 14, 2010 Opinion or Order Filing 72 REQUEST for Leave to File an Enlarged Reply Brief In Support of Motion to Dismiss by James N. Goldstene. (Poole, Mark)
May 14, 2010 Opinion or Order Filing 71 MINUTE ORDER: (TEXT ENTRY ONLY) The Court has received numerous phone calls regarding the change in date for the hearing on the pending motion to dismiss. The Court advises counsel that after receiving and reviewing all of the documents in this matter, the Court will determine whether a hearing is necessary or whether the hearing will be vacated pursuant to Local Rule 230(g). Because of the complicated coordination of schedules, the Court finds it appropriate to set a hearing at this time, but cautions that this hearing may be vacated. This Court ORDERS counsel to meet and confer, and to submit a joint proposed schedule to propose between one and three hearing dates and times. The joint proposed schedule shall be filed no later than Monday, May 17, 2010. Counsel shall consider that this Court hears civil motions Monday through Thursday at 8:30 a.m., and propose a date and time to conform with this Court's standing order. The Court may consider a Friday afternoon hearing date for this motion hearing. Additionally, if any party demands a hearing on this motion, such party or parties shall set forth that demand in writing in the joint proposed schedule and support the request with specific reasons why oral argument is necessary. Upon receipt of the joint proposed schedule, the Court will consider the proposed dates in light of the heavy trial schedule and select a date and time based on this Court's availability signed by District Judge Lawrence J. O'Neill on May 14, 2010. (Lira, I)
May 14, 2010 Opinion or Order Filing 69 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Rocky Mountain Farmers Union, Redwood County Minnesota Corn and Soybeans Growers, Rex Nederend, Penny Newman Grain, Inc., Fresno County Farm Bureau, Nisei Farmers League, California Dairy Campaign, Growth Energy, Renewable Fuels Association for attorney Thomas R. Lotterman to appear Pro Hac Vice. (Kinsey, John)
May 14, 2010 Opinion or Order RECEIPT number #CAE100011000 $180.00 fbo Thomas R. Lotterman by John P. Kinsey on 5/14/2010. (Verduzco, M)
May 13, 2010 Opinion or Order Filing 68 MINUTE ORDER: (TEXT ENTRY ONLY) Due to this Court's unavailability, the May 26, 2010 hearing on the pending motion to dismiss is CONTINUED to Wednesday, June 9, 2010 at 8:30 a.m. in Courtroom 4 (LJO). The current briefing schedule shall remain in effect. The defendants and defendant intervenors replies, if any, shall be filed and served no later than May 19, 2010 signed by District Judge Lawrence J. O'Neill on May 13, 2010. (Lira, I)
May 13, 2010 Opinion or Order Filing 67 PRO HAC VICE ORDER signed by Magistrate Judge Dennis L. Beck on 5/13/2010. Added attorney Bryan M. Killian, PHV for Renewable Fuels Association. (Sondheim, M)
May 13, 2010 Opinion or Order Filing 66 PRO HAC VICE ORDER signed by Magistrate Judge Dennis L. Beck on 5/13/2010. Added attorney Charles H. Knauss, PHV for Renewable Fuels Association. (Sondheim, M)
May 13, 2010 Opinion or Order Filing 65 PRO HAC VICE ORDER signed by Magistrate Judge Dennis L. Beck on 5/12/2010. Added attorney John C. O'Quinn, PHV for Growth Energy. (Sondheim, M)
May 13, 2010 Opinion or Order Filing 64 PRO HAC VICE ORDER signed by Magistrate Judge Dennis L. Beck on 5/12/2010. Added attorney Stuart A C Drake, PHV for Growth Energy. (Sondheim, M)
May 12, 2010 Opinion or Order Filing 63 REQUEST for JUDICIAL NOTICE by Rocky Mountain Farmers Union, Redwood County Minnesota Corn and Soybeans Growers, Rex Nederend, Penny Newman Grain, Inc., Fresno County Farm Bureau, Nisei Farmers League, California Dairy Campaign, Growth Energy, Renewable Fuels Association in re #62 Opposition to Motion,. (Kinsey, John)
May 12, 2010 Opinion or Order Filing 62 OPPOSITION by Rocky Mountain Farmers Union, Redwood County Minnesota Corn and Soybeans Growers, Rex Nederend, Penny Newman Grain, Inc., Fresno County Farm Bureau, Nisei Farmers League, California Dairy Campaign, Growth Energy, Renewable Fuels Association to #23 MOTION to DISMISS. (Kinsey, John)
May 12, 2010 Opinion or Order Filing 59 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Renewable Fuels Association for attorney Charles H. Knauss to appear Pro Hac Vice. (Kinsey, John)
May 12, 2010 Opinion or Order Filing 58 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Renewable Fuels Association for attorney Bryan M. Killian to appear Pro Hac Vice. (Kinsey, John)
May 12, 2010 Opinion or Order Filing 57 BRIEF (titled Amicus Brief) by State of Oregon. (Karpinski, Seth)
May 12, 2010 Opinion or Order RECEIPT number #CAE100010977 $180.00 fbo Bryan M. Killian by John P. Kinsey on 5/12/2010. (Verduzco, M)
May 12, 2010 Opinion or Order RECEIPT number #CAE100010978 $180.00 fbo Charles H. Knauss by John P. Kinsey on 5/12/2010. (Verduzco, M)
May 11, 2010 Opinion or Order Filing 56 ORDER ON UNICA'S AMICUS CURIAE REQUEST (doc. 35) signed by District Judge Lawrence J. O'Neill on May 11, 2010. (Lira, I)
May 11, 2010 Opinion or Order Filing 55 REPLY by Brazillian Sugar Cane Industry Association (UNICA) re #35 Notice - Other, #52 Response,. (Martel, Jonathan)
May 10, 2010 Opinion or Order Filing 54 ORDER TO ENLARGE PAGE LIMITS signed by District Judge Lawrence J. O'Neill on May 10, 2010. (Lira, I)
May 10, 2010 Opinion or Order Filing 53 STATEMENT of Non-Opposition to the Motion to Appear as Amicus Curiae by Brazilian Sugarcane Industry Association (UNICA) by Defendant James N. Goldstene re #45 Order. (Poole, Mark)
May 10, 2010 Opinion or Order Filing 52 RESPONSE by Rocky Mountain Farmers Union, Redwood County Minnesota Corn and Soybeans Growers, Rex Nederend, Penny Newman Grain, Inc., Fresno County Farm Bureau, Nisei Farmers League, California Dairy Campaign, Growth Energy, Renewable Fuels Association to #35 Notice - Other. (Kinsey, John)
May 7, 2010 Opinion or Order Filing 51 NOTICE of APPEARANCE by Gavin Geraghty McCabe on behalf of James N. Goldstene. Attorney McCabe, Gavin Geraghty added. (McCabe, Gavin)
May 7, 2010 Opinion or Order Filing 49 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Rocky Mountain Farmers Union, Redwood County Minnesota Corn and Soybeans Growers, Rex Nederend, Penny Newman Grain, Inc., Fresno County Farm Bureau, Nisei Farmers League, California Dairy Campaign, Growth Energy, Renewable Fuels Association for attorney John C. O'Quinn to appear Pro Hac Vice. (Kinsey, John)
May 7, 2010 Opinion or Order Filing 48 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Rocky Mountain Farmers Union, Redwood County Minnesota Corn and Soybeans Growers, Rex Nederend, Penny Newman Grain, Inc., Fresno County Farm Bureau, Nisei Farmers League, California Dairy Campaign, Growth Energy, Renewable Fuels Association for attorney Stuart A.C.Drake to appear Pro Hac Vice. (Kinsey, John)
May 7, 2010 Opinion or Order Filing 47 REQUEST for Leave to Enlarge Page Limits for Plaintiffs Opposition to Motion to Dismiss by Rocky Mountain Farmers Union, Redwood County Minnesota Corn and Soybeans Growers, Rex Nederend, Penny Newman Grain, Inc., Fresno County Farm Bureau, Nisei Farmers League, California Dairy Campaign, Growth Energy, Renewable Fuels Association. (Kinsey, John)
May 7, 2010 Opinion or Order Filing 46 ORDER ON OREGON'S AMICUS CURIAE REQUEST signed by District Judge Lawrence J. O'Neill on May 7, 2010. (Lira, I)
May 7, 2010 Opinion or Order Filing 45 AMENDED BRIEFING ORDER FOR UNICA'S AMICUS CURIAE REQUEST signed by District Judge Lawrence J. O'Neill on May 7, 2010. (Lira, I)
May 7, 2010 Opinion or Order Filing 44 RESPONSE by Rocky Mountain Farmers Union, Redwood County Minnesota Corn and Soybeans Growers, Rex Nederend, Penny Newman Grain, Inc., Fresno County Farm Bureau, Nisei Farmers League, California Dairy Campaign, Growth Energy, Renewable Fuels Association to #28 MOTION for Leave to Appear Amicus Curiae. (Kinsey, John)
May 7, 2010 Opinion or Order Filing 43 PRO HAC VICE ORDER in re Vivian H. Wang signed by Magistrate Judge Dennis L. Beck on 5/6/2010. (Sant Agata, S)
May 7, 2010 Opinion or Order Filing 42 PRO HAC VICE ORDER in re Nancy S. Marks signed by Magistrate Judge Dennis L. Beck on 5/6/2010. (Sant Agata, S)
May 7, 2010 Opinion or Order RECEIPT number #CAE100010914 $360.00 fbo Stuart C. Drake, John O'Quinn by John P. Kinsey on 5/7/2010.(Flores, E)
May 6, 2010 Opinion or Order Filing 41 STATEMENT of NON-OPPOSITION by James N. Goldstene to #28 MOTION for Leave to Appear Amicus Curiae. (Attachments: #1 Declaration of Service)(Poole, Mark)
May 6, 2010 Opinion or Order Filing 40 PRO HAC VICE ORDER signed by Magistrate Judge Dennis L. Beck on 5/6/2010. Added attorney Allison Rumsey, PHV for Brazillian Sugar Cane Industry Association (UNICA). (Jessen, A)
May 6, 2010 Opinion or Order Filing 39 PRO HAC VICE ORDER signed by Magistrate Judge Dennis L. Beck on 5/6/2010. Added attorney Jonathan S. Martel, PHV for Brazillian Sugar Cane Industry Association (UNICA). (Jessen, A)
May 6, 2010 Opinion or Order Filing 38 STATEMENT of NON-OPPOSITION by Natural Resources Defense Council, Inc., Sierra Club, Conservation Law Foundation to #28 MOTION for Leave to Appear Amicus Curiae. (Attachments: #1 Certificate of Service)(Pettit, David)
May 6, 2010 Opinion or Order Filing 37 BRIEFING ORDER FOR UNICA'S AMICUS CURIAE REQUEST signed by District Judge Lawrence J. O'Neill on May 6, 2010. (Lira, I)
May 5, 2010 Opinion or Order Filing 36 PROPOSED ORDER Granting Brazilian Sugarcane Industry Association (UNICA) Motion for Leave to File Brief of Amicus Curiae re #35 Notice - Other. (Chanin, Rachel)
May 5, 2010 Opinion or Order Filing 35 NOTICE of Motion and Motion for Leave to File Brief of Amicus Curiae by Brazillian Sugar Cane Industry Association (UNICA). (Attachments: #1 Exhibit Proposed Amicus Brief)(Chanin, Rachel)
May 5, 2010 Opinion or Order Filing 34 ORDER to RELATE CASES signed by District Judge Lawrence J. O'Neill on 5/4/2010. (Sant Agata, S)
May 4, 2010 Opinion or Order Filing 32 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Brazillian Sugar Cane Industry Association (UNICA) for attorney Allison Rumsey to appear Pro Hac Vice. (Chanin, Rachel)
May 4, 2010 Opinion or Order Filing 31 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Brazillian Sugar Cane Industry Association (UNICA) for attorney Jonathan S. Martel to appear Pro Hac Vice. Attorney Chanin, Rachel Lena added. (Chanin, Rachel)
May 4, 2010 Opinion or Order Filing 30 BRIEFING ORDER FOR AMICUS CURIAE REQUEST signed by District Judge Lawrence J. O'Neill on May 4, 2010. (Lira, I)
May 4, 2010 Opinion or Order RECEIPT number #CAE100010860 $360.00 fbo Jonathan Martel, Allison Rumsey by Christine M. Billy on 5/4/2010. (Flores, E)
April 27, 2010 Opinion or Order Filing 29 PROPOSED ORDER Proposed Order Granting the State of Oregon's Motion for Leave to Appear as Amicus Curiae re #28 MOTION for Leave to Appear Amicus Curiae. (Karpinski, Seth)
April 27, 2010 Opinion or Order Filing 28 MOTION for Leave to Appear Amicus Curiae by Oregon, State of. Attorney Karpinski, Seth Throop added. Motion Hearing set for 5/26/2010 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Attachments: #1 Exhibit)(Karpinski, Seth)
April 20, 2010 Opinion or Order Filing 27 Stipulation And ORDER Granting Natural Resources Defense Council, Inc., Sierra Club, And Conservation Law Foundation Leave To Intervene #17 , signed by District Judge Lawrence J. O'Neill on 4/19/2010. (Scrivner, E)
April 20, 2010 Opinion or Order Filing 26 ORDER to continue Scheduling Conference from 5/4/2010 to 6/30/2010 at 09:15 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. Order signed by Magistrate Judge Dennis L. Beck on 4/16/2010. (Hernandez, M)
April 16, 2010 Opinion or Order Filing 25 STIPULATION and PROPOSED ORDER for Granting Natural Resources Defense Council, Inc., Sierra Club, and Conservation Law Foundation Leave to Intervene by Rocky Mountain Farmers Union, Redwood County Minnesota Corn and Soybeans Growers, Rex Nederend, Penny Newman Grain, Inc., Fresno County Farm Bureau, Nisei Farmers League, California Dairy Campaign, Growth Energy, Renewable Fuels Association. (Kinsey, John)
April 15, 2010 Opinion or Order Filing 24 STIPULATION and PROPOSED ORDER for to Continue Mandatory Scheduling Conference by Rocky Mountain Farmers Union, Redwood County Minnesota Corn and Soybeans Growers, Rex Nederend, Penny Newman Grain, Inc., Fresno County Farm Bureau, Nisei Farmers League, California Dairy Campaign, Growth Energy, Renewable Fuels Association. (Kinsey, John)
April 6, 2010 Opinion or Order RECEIPT number #CAE100010499 $180.00 fbo Pro Hac Vice Application Fee, by NRDC on 4/5/2010. (Hellings, J)
April 6, 2010 Opinion or Order RECEIPT number #CAE100010498 $180.00 fbo Pro Hac Vice Application Fees, by NRDC on 4/5/2010. (Hellings, J)
March 31, 2010 Opinion or Order Filing 23 MOTION to DISMISS by James N. Goldstene. Motion Hearing set for 5/26/2010 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Attachments: #1 Points and Authorities, #2 Proposed Order, #3 Request for Judicial Notice Part 1, #4 Request for Judicial Notice Part 2)(Poole, Mark)
March 31, 2010 Opinion or Order Filing 22 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Natural Resources Defense Council, Inc. for attorney Nancy S. Marks to appear Pro Hac Vice. (Pettit, David)
March 31, 2010 Opinion or Order Filing 21 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Natural Resources Defense Council, Inc. for attorney Vivian H. Wang to appear Pro Hac Vice. (Pettit, David)
March 30, 2010 Opinion or Order Filing 20 PRO HAC VICE ORDER, signed by Magistrate Judge Dennis L. Beck on 3/30/2010. Added attorney Jane West for Conservation Law Foundation. (Scrivner, E)
March 30, 2010 Opinion or Order Filing 19 MINUTE ORDER: (TEXT ENTRY ONLY) #18 AMENDED MOTION to INTERVENE currently set before Judge O'Neill has been CONTINUED to 4/30/2010 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck signed by District Judge Lawrence J. O'Neill on March 30, 2010. (Lira, I)
March 29, 2010 Opinion or Order Filing 18 AMENDED MOTION to INTERVENE amending #17 MOTION to INTERVENE by Natural Resources Defense Council, Inc., Sierra Club, Conservation Law Foundation. Motion Hearing set for 4/28/2010 at 08:30 AM before District Judge Lawrence J. O'Neill. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Proposed Order, #5 Proof of Service)(Pettit, David)
March 29, 2010 Opinion or Order RECEIPT number #CAE100010433 $180.00 fbo Jane West by Jane West and Geoffrey West on 3/29/2010. (Sant Agata, S)
March 24, 2010 Opinion or Order Filing 17 MOTION to INTERVENE by Natural Resources Defense Council, Inc., Sierra Club, Conservation Law Foundation. Attorney Pettit, David added. Motion Hearing set for 4/28/2010 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Proposed Order)(Pettit, David)
March 19, 2010 Opinion or Order Filing 16 STIPULATION and ORDER to continue the Scheduling Conference from 3/25/2010 to 5/4/2010 at 09:15 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. Order signed by Magistrate Judge Dennis L. Beck on 3/18/2010. (Hernandez, M)
March 17, 2010 Opinion or Order Filing 15 STIPULATION and PROPOSED ORDER for to Continue Mandatory Scheduling Conference by Rocky Mountain Farmers Union, Redwood County Minnesota Corn and Soybeans Growers, Rex Nederend, Penny Newman Grain, Inc., Fresno County Farm Bureau, Nisei Farmers League, California Dairy Campaign, Growth Energy, Renewable Fuels Association. (Kinsey, John)
March 1, 2010 Opinion or Order Filing 14 STIPULATION and ORDER GRANTING EXTENSION OF TIME FOR FILING OF DEFENDANT'S RESPONSIVE PLEADING - Defendant's responsive pleading shall be due on 3/31/2010. Order signed by Magistrate Judge Dennis L. Beck on 2/27/2010. (Hernandez, M)
February 25, 2010 Opinion or Order Filing 13 PROPOSED ORDER Stipulation and Proposed Order Extending Time for Filing of Defendants' Responsive Pleadings by James N. Goldstene. Attorney Poole, Mark William added. (Poole, Mark)
February 2, 2010 Opinion or Order Filing 12 NOTICE of RELATED CASE 1:10-at-00048 by National Petrochemical & Refiners Association, American Trucking Associations, Inc., Center for North American Energy Security, The Consumer Energy Alliance. Attorney Fiala, Marie L added. (Fiala, Marie)
January 28, 2010 Opinion or Order Filing 11 AMENDED COMPLAINT against all defendants by Fresno County Farm Bureau, Nisei Farmers League, California Dairy Campaign, Rocky Mountain Farmers Union, Redwood County Minnesota Corn and Soybeans Growers, Rex Nederend, Penny Newman Grain, Inc., Growth Energy, Renewable Fuels Association. Attorney Kinsey, John P. added. (Attachments: #1 Exhibit 1)(Kinsey, John)
January 27, 2010 Opinion or Order Filing 10 STIPULATION and ORDER allowing Plaintiffs to file second amended complaint for declaratory and injunctive relief signed by Magistrate Judge Dennis L. Beck on 1/26/2010. (Lundstrom, T)
January 26, 2010 Opinion or Order Filing 9 STIPULATION and PROPOSED ORDER for Allowing Plaintiffs to File Second Amended Complaint for Declaratory and Injunctive Relief by Rocky Mountain Farmers Union, Redwood County Minnesota Corn and Soybeans Growers, Rex Nederend, Penny Newman Grain, Inc., Growth Energy, Renewable Fuels Association. (Attachments: #1 Exhibit A, #2 Exhibit 1 to Exhibit A of Stip & Order)(Kinsey, John)
January 13, 2010 Opinion or Order Filing 8 SUMMONS ISSUED as to *James N. Goldstene* with answer to complaint due within *21* days. Attorney *John P. Kinsey* *8365 North Fresno Street* *Third Floor* *Fresno, CA 93720*. (Figueroa, O)
January 11, 2010 Opinion or Order Filing 7 AMENDED COMPLAINT against all defendants by Rex Nederend, Rocky Mountain Farmers Union, Redwood County Minnesota Corn and Soybeans Growers, Penny Newman Grain, Inc., Growth Energy, Renewable Fuels Association. Attorney Kinsey, John P. added. (Attachments: #1 Exhibit 1)(Kinsey, John)
December 28, 2009 Opinion or Order Filing 6 AMENDED DOCUMENT by Rocky Mountain Farmers Union, Redwood County Minnesota Corn and Soybeans Growers, Penny Newman Grain, Inc., Growth Energy, Renewable Fuels Association. Amendment to #1 Complaint, #5 Notice - Other. (Attachments: #1 Exhibit Exhibit A to Corrected Complaint for Declaratory and Injunctive Relief)(Kinsey, John)
December 28, 2009 Opinion or Order Filing 5 NOTICE OF ERRATA TO COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF by all plaintiffs re #1 Complaint,. (Kinsey, John)
December 24, 2009 Opinion or Order Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 3/25/2010 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Attachments: #1 Standing Order, #2 Consent Forms, #3 VDRP Forms) (Bradley, A)
December 24, 2009 Opinion or Order Filing 3 SUMMONS ISSUED as to *James N. Goldstene* with answer to complaint due within *21* days. Attorney *John P. Kinsey* *8365 N. Fresno Street, Suite 310* *Fresno, California 93729*. (Bradley, A)
December 24, 2009 Opinion or Order RECEIPT number #CAE100009340 $350.00 fbo Rocky Mountain Farmers Union by John P. Kinsey on 12/24/2009. (Flores, E)
December 23, 2009 Opinion or Order Filing 1 COMPLAINT for Declaratory and Injunctive Relief [28 U.S.C. Sections 1331, 1343] against James N Goldstene by Rocky Mountain Farmers Union, Redwood County Minnesota Corn and Soybeans Growers, Penny Newman Grain, Inc., Growth Energy, Renewable Fuels Association. Attorney Kinsey, John P. added. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet Civil Cover Sheet)(Kinsey, John)

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Search for this case: Rocky Mountain Farmers Union et al v. Corey, et al
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Plaintiff: Rocky Mountain Farmers Union
Represented By: John P. Kinsey
Represented By: Timothy Jones
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Plaintiff: Redwood County Minnesota Corn and Soybeans Growers
Represented By: John P. Kinsey
Represented By: Timothy Jones
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Plaintiff: Penny Newman Grain, Inc.
Represented By: John P. Kinsey
Represented By: Timothy Jones
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Plaintiff: Growth Energy
Represented By: John P. Kinsey
Represented By: John C. O'Quinn, PHV
Represented By: Stuart A C Drake, PHV
Represented By: Timothy Jones
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Plaintiff: Renewable Fuels Association
Represented By: Charles H. Knauss, PHV
Represented By: Daniel E. Lipton, PHV
Represented By: Howard R. Rubin, PHV
Represented By: John P. Kinsey
Represented By: Robert T. Smith, PHV
Represented By: Shannon Suzanne Broome
Represented By: Bryan M. Killian, PHV
Represented By: Thomas R. Lotterman, PHV
Represented By: Timothy Jones
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Plaintiff: Rex Nederend
Represented By: John P. Kinsey
Represented By: Timothy Jones
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Plaintiff: Fresno County Farm Bureau
Represented By: John P. Kinsey
Represented By: Timothy Jones
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Plaintiff: Nisei Farmers League
Represented By: John P. Kinsey
Represented By: Timothy Jones
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Plaintiff: California Dairy Campaign
Represented By: John P. Kinsey
Represented By: Timothy Jones
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Plaintiff: National Petrochemical & Refiners Association
Represented By: Marie L Fiala
Represented By: James W. Coleman, PHV
Represented By: Paul J. Zidlicky, PHV
Represented By: Roger R. Martella, PHV
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Plaintiff: American Trucking Associations
Represented By: Marie L Fiala
Represented By: James W. Coleman, PHV
Represented By: Paul J. Zidlicky, PHV
Represented By: Roger R. Martella, PHV
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Plaintiff: Center for North American Energy Security
Represented By: Marie L Fiala
Represented By: James W. Coleman, PHV
Represented By: Paul J. Zidlicky, PHV
Represented By: Roger R. Martella, PHV
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Plaintiff: The Consumer Energy Alliance
Represented By: James W. Coleman, PHV
Represented By: Marie L Fiala
Represented By: Paul J. Zidlicky, PHV
Represented By: Roger R. Martella, PHV
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Plaintiff: American Fuels & Petrochemical Manufacturers Association fka National Petroleum & Refiners Association
Represented By: Paul J. Zidlicky, PHV
Represented By: Roger R. Martella, PHV
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Defendant: James N. Goldstene
Represented By: Mark William Poole
Represented By: Gavin G. McCabe
Represented By: Margaret Elaine Meckenstock
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Defendant: Mary D. Nichols
Represented By: Gavin G. McCabe
Represented By: Mark William Poole
Represented By: Myung J. Park
Represented By: Margaret Elaine Meckenstock
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Defendant: Daniel Sperling
Represented By: Gavin G. McCabe
Represented By: Mark William Poole
Represented By: Myung J. Park
Represented By: Margaret Elaine Meckenstock
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Defendant: John Gioia
Represented By: Gavin G. McCabe
Represented By: Mark William Poole
Represented By: Myung J. Park
Represented By: Margaret Elaine Meckenstock
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Defendant: John Eisenhut
Represented By: Gavin G. McCabe
Represented By: Mark William Poole
Represented By: Myung J. Park
Represented By: Margaret Elaine Meckenstock
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Defendant: Barbara Riordan
Represented By: Gavin G. McCabe
Represented By: Mark William Poole
Represented By: Myung J. Park
Represented By: Margaret Elaine Meckenstock
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Defendant: John R. Balmes
Represented By: Gavin G. McCabe
Represented By: Mark William Poole
Represented By: Myung J. Park
Represented By: Margaret Elaine Meckenstock
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Defendant: Hector De La Torre
Represented By: Gavin G. McCabe
Represented By: Mark William Poole
Represented By: Myung J. Park
Represented By: Margaret Elaine Meckenstock
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Defendant: Sandra Berg
Represented By: Gavin G. McCabe
Represented By: Mark William Poole
Represented By: Myung J. Park
Represented By: Margaret Elaine Meckenstock
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Defendant: Ron Roberts
Represented By: Gavin G. McCabe
Represented By: Mark William Poole
Represented By: Myung J. Park
Represented By: Margaret Elaine Meckenstock
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Defendant: Alexander Sherriffs
Represented By: Gavin G. McCabe
Represented By: Mark William Poole
Represented By: Myung J. Park
Represented By: Margaret Elaine Meckenstock
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Defendant: Judith Mitchell
Represented By: Gavin G. McCabe
Represented By: Mark William Poole
Represented By: Myung J. Park
Represented By: Margaret Elaine Meckenstock
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Defendant: Edmund G. Brown, Jr.
Represented By: Gavin G. McCabe
Represented By: Mark William Poole
Represented By: Margaret Elaine Meckenstock
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Defendant: Kamala D. Harris
Represented By: Gavin G. McCabe
Represented By: Mark William Poole
Represented By: Margaret Elaine Meckenstock
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Defendant: Richard W. Corey
Represented By: Gavin G. McCabe
Represented By: Mark William Poole
Represented By: Myung J. Park
Represented By: Jonathan Wiener
Represented By: Margaret Elaine Meckenstock
Represented By: Noah Golden-Krasner
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Defendant: Phil Serna
Represented By: Gavin G. McCabe
Represented By: Mark William Poole
Represented By: Myung J. Park
Represented By: Margaret Elaine Meckenstock
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Defendant: Dean Florez
Represented By: Margaret Elaine Meckenstock
Represented By: Myung J. Park
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Defendant: Diane Takvorian
Represented By: Margaret Elaine Meckenstock
Represented By: Myung J. Park
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Defendant: Judy Mitchell
Represented By: Myung J. Park
Represented By: Margaret Elaine Meckenstock
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Intervenor defendant: Natural Resources Defense Council, Inc.
Represented By: David Pettit
Represented By: Gavin G. McCabe
Represented By: Mark William Poole
Represented By: Nancy S. Marks, PHV
Represented By: Vivian H. Wang, PHV
Represented By: Margaret Elaine Meckenstock
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Intervenor defendant: Sierra Club
Represented By: Margaret Elaine Meckenstock
Represented By: David Pettit
Represented By: Gavin G. McCabe
Represented By: Joanne Spalding
Represented By: Mark William Poole
Represented By: Patrick Gallagher
Represented By: Devorah Ancel
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Intervenor defendant: Conservation Law Foundation
Represented By: David Pettit
Represented By: Gavin G. McCabe
Represented By: Jennifer K. Rushlow, PHV
Represented By: Mark William Poole
Represented By: Jane West, PHV
Represented By: Margaret Elaine Meckenstock
Represented By: Sean H. Donahue
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Intervenor defendant: Environmental Defense Fund
Represented By: Gavin G. McCabe
Represented By: Mark William Poole
Represented By: Timothy Joseph O'Connor
Represented By: Margaret Elaine Meckenstock
Represented By: Sean H. Donahue
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Amicus curiae: State of Oregon
Represented By: Seth Throop Karpinski
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Amicus curiae: Brazillian Sugar Cane Industry Association (UNICA)
Represented By: Allison Rumsey
Represented By: Jonathan Martel
Represented By: Rachel Lena Chanin
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Amicus curiae: Oregon Petroleum Association
Represented By: John Stuart Poulos
Represented By: Thomas C. Sand, PHV
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Amicus curiae: State of Nebraska
Represented By: John P. Kinsey
Represented By: Kevin L. Griess, PHV
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Amicus curiae: Clean Energy Fuels, Inc.
Represented By: Robert Lenz Meylan
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