Hoopa Valley Tribe v. United States Bureau of Reclamation et al
Plaintiff: Hoopa Valley Tribe
Defendant: United States Department of Interior, David Bernhardt, United States Bureau of Reclamation, Ernest Conant and Brenda Burman
Petitioner: Non-Party Westlands Water District, Non-Party Panoche Water District and Non-Party San Luis Water District
Case Number: 1:2020cv01814
Filed: December 23, 2020
Court: US District Court for the Eastern District of California
Presiding Judge: Dale A Drozd
Referring Judge: Erica P Grosjean
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. ยง 551
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 3, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 1, 2021 Filing 45 CERTIFICATE of SERVICE by Hoopa Valley Tribe re #34 Civil New Case Documents,. (Somerville, Thane)
February 1, 2021 Filing 44 SUMMONS RETURNED EXECUTED by Hoopa Valley Tribe. All Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B)(Somerville, Thane)
January 20, 2021 Opinion or Order Filing 43 PRO HAC VICE ORDER GRANTING #41 Application for Pro Hac Vice, signed by Magistrate Judge Erica P. Grosjean on 1/19/2021. (Rivera, O)
January 20, 2021 Opinion or Order Filing 42 PRO HAC VICE ORDER GRANTING #39 Application for Pro Hac Vice, signed by Magistrate Judge Erica P. Grosjean on 1/19/2021. (Rivera, O)
January 19, 2021 Filing 41 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Hoopa Valley Tribe for attorney Thomas P. Schlosser to appear Pro Hac Vice. (Forman, George)
January 19, 2021 Filing 40 CLERK'S NOTICE to Attorney Thomas P. Schlosser re #38 PRO HAC VICE APPLICATION and PROPOSED ORDER: Your filing is entitled Pro Hac Vice Application for Attorney Thomas P. Schlosser, however, the actual document attached is a Pro Hac Vice Application for Attorney Thane D. Somerville. Advance payment of a fee in the amount of $225.00 is required and should be submitted electronically using an event in the category Payment of Fees. Please re-file the correct document. 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. (Gonzalez, R)
January 19, 2021 Filing 39 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Hoopa Valley Tribe for attorney Thane D. Somerville to appear Pro Hac Vice. (Forman, George)
January 19, 2021 Filing 38 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Hoopa Valley Tribe for attorney Thomas P. Schlosser to appear Pro Hac Vice. Attorney Forman, George added. (Forman, George)
January 19, 2021 PAYMENT for #41 Pro Hac Vice Application in the amount of $ 225, receipt number 0972-9364732. (Schlosser, Thomas)
January 19, 2021 PAYMENT for #39 Pro Hac Vice Application in the amount of $ 225, receipt number 0972-9364781. (Schlosser, Thomas)
December 30, 2020 Opinion or Order Filing 37 ORDER Relating Cases and Reassigning District Judge signed by District Judge Dale A. Drozd on 12/29/2020. Case reassigned to District Judge Dale A. Drozd. UnassignedDJ no longer assigned to case. New Case Number: 1:20-cv-01814-DAD-EPG. (Jessen, A)
December 28, 2020 Filing 36 NOTICE to Attorney Thomas Scott Jeffrey Directing him to register for CM/ECF. (Flores, E)
December 23, 2020 Filing 35 NOTICE to Attorney Thane D Somerville, NCAED, Thomas P. Schlosser Directing to File Pro Hac Vice Application. (Flores, E)
December 23, 2020 Filing 34 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 4/13/2021 at 09:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: #1 Standing Order, #2 Standing Order re Judicial Emergency, #3 Consent Form, #4 VDRP) (Flores, E)
December 23, 2020 Filing 33 CASE TRANSFERRED IN from District of California Northern; Case Number 3:20-cv-05630.
December 21, 2020 Opinion or Order Filing 32 ORDER by Judge Richard Seeborg granting #14 Motion to Transfer Case. (clS, COURT STAFF) (Filed on 12/21/2020) [Transferred from cand on 12/23/2020.]
December 21, 2020 case electronically transmitted to the Eastern District of California. (tnS, COURT STAFF) (Filed on 12/21/2020) [Transferred from cand on 12/23/2020.]
December 14, 2020 Filing 31 NOTICE OF MOTION, MOTION, AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO INTERVENE AS DEFENDANTS filed by Non-Party Westlands Water District. Motion Hearing set for 1/21/2021 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 12/28/2020. Replies due by 1/4/2021. (Larsen, Cynthia) (Filed on 12/14/2020) [Transferred from cand on 12/23/2020.]
December 10, 2020 Filing 30 Minute Entry for proceedings held before Judge Richard Seeborg: Motion Hearing held via Zoom/Video Conference on 12/10/2020 re #14 MOTION to Transfer Case to the Eastern District of California #19 MOTION to Dismiss or Lack of Jurisdiction and for Failure to State a Claim. Motions taken under submission; Court to issue an Order.Total Time in Court: 50 minutes. Court Reporter: Belle Ball. Plaintiff Attorney: Thane Somerville, Tom Schlosser. Defendant Attorney: J. Scott Thomas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (clS, COURT STAFF) (Date Filed: 12/10/2020) [Transferred from cand on 12/23/2020.]
December 4, 2020 Filing 29 CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing set for 12/10/2020 at 01:30 PM in San Francisco, - Videoconference Only before Judge Richard Seeborg. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/rs Court Appearances: Advanced notice is required of counsel or partie s who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at RScrd@cand.uscourts.gov no later than December 9, 2020 at 1:00 PM.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/., Set/Reset Deadlines as to #19 MOTION to Dismiss for Lack of Juris diction and for Failure to State a Claim, #14 MOTION to Transfer Case to the Eastern District of California. Motion Hearing set for 12/10/2020 01:30 PM in San Francisco, - Videoconference Only before Judge Richard Seeborg. (This is a text-only entry generated by the court. There is no document associated with this entry.) (clS, COURT STAFF) (Filed on 12/4/2020) [Transferred from cand on 12/23/2020.]
November 24, 2020 Opinion or Order Filing 28 ORDER by Judge Richard Seeborg granting #27 Motion for Pro Hac Vice as to Thane D. Somerville. (clS, COURT STAFF) (Filed on 11/24/2020) [Transferred from cand on 12/23/2020.]
November 23, 2020 Filing 27 MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $310.00, receipt number 0971-15228435) filed by Hoopa Valley Tribe. (Somerville, Thane) (Filed on 11/23/2020) [Transferred from cand on 12/23/2020.]
November 16, 2020 Filing 26 REPLY (re #19 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim ) filed by David Bernhardt, Brenda Burman, Ernest Conant, United States Bureau of Reclamation, United States Department of Interior. (Jeffrey, Thomas) (Filed on 11/16/2020) [Transferred from cand on 12/23/2020.]
November 9, 2020 Filing 25 OPPOSITION/RESPONSE to (re #19 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim ) filed by Hoopa Valley Tribe. (Attachments: #1 Appendix of Relevant Statutes, #2 Declaration of Michael Orcutt, #3 Declaration of Thomas Schlosser, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E)(Schlosser, Thomas) (Filed on 11/9/2020) [Transferred from cand on 12/23/2020.]
November 2, 2020 Filing 24 CLERK'S NOTICE CONTINUING MOTION HEARING as to #14 MOTION to Transfer Case to the Eastern District of California. Motion Hearing previously set for 11/12/2020 continued to 12/10/2020 at 01:30 PM in Videoconference Only before Judge Richard Seeborg. (This is a text-only entry generated by the court. There is no document associated with this entry.)(clS, COURT STAFF) (Filed on 11/2/2020) [Transferred from cand on 12/23/2020.]
November 2, 2020 Opinion or Order Filing 23 ORDER by Judge Richard Seeborg Denying as moot #15 Motion to Stay Deadlines. (clS, COURT STAFF) (Filed on 11/2/2020) [Transferred from cand on 12/23/2020.]
October 28, 2020 Filing 22 REPLY (re #14 MOTION to Transfer Case to the Eastern District of California ) filed byDavid Bernhardt, Brenda Burman, Ernest Conant, United States Bureau of Reclamation, United States Department of Interior. (Jeffrey, Thomas) (Filed on 10/28/2020) [Transferred from cand on 12/23/2020.]
October 27, 2020 Filing 21 CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE: The Initial Case Management Conference previously set for November 19, 2020 is continued to January 28, 2021 at 10:00 AM. All parties shall appear telephonically and must contact Court Call at (866) 582-6878 at least one week prior to the Conference to arrange their participation. Case Management Statement due by January 21, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rslc2S, COURT STAFF) (Filed on 10/27/2020) [Transferred from cand on 12/23/2020.]
October 27, 2020 Filing 20 STIPULATION AND [PROPOSED] ORDER to Continue Case Management Conference and Associated Pre-Conference Deadlines filed by Hoopa Valley Tribe. (Schlosser, Thomas) (Filed on 10/27/2020) [Transferred from cand on 12/23/2020.]
October 26, 2020 Filing 19 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by David Bernhardt, Brenda Burman, Ernest Conant, United States Bureau of Reclamation, United States Department of Interior. Motion Hearing set for 12/10/2020 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 11/9/2020. Replies due by 11/16/2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Jeffrey, Thomas) (Filed on 10/26/2020) [Transferred from cand on 12/23/2020.]
October 26, 2020 Filing 18 REPLY (re #15 MOTION to Stay Pending Resolution of the Motion to Transfer ) filed byDavid Bernhardt, Brenda Burman, Ernest Conant, United States Bureau of Reclamation, United States Department of Interior. (Jeffrey, Thomas) (Filed on 10/26/2020) [Transferred from cand on 12/23/2020.]
October 21, 2020 Filing 17 OPPOSITION/RESPONSE to (re #15 MOTION to Stay Pending Resolution of the Motion to Transfer) filed by Hoopa Valley Tribe. (Schlosser, Thomas) (Filed on 10/21/2020) [Transferred from cand on 12/23/2020.]
October 21, 2020 Filing 16 OPPOSITION/RESPONSE to (re #14 MOTION to Transfer Case to the Eastern District of California) filed by Hoopa Valley Tribe. (Attachments: #1 Declaration of Thomas P. Schlosser, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Schlosser, Thomas) (Filed on 10/21/2020) [Transferred from cand on 12/23/2020.]
October 7, 2020 Filing 15 MOTION to Stay Pending Resolution of the Motion to Transfer filed by David Bernhardt, Brenda Burman, Ernest Conant, United States Bureau of Reclamation, United States Department of Interior. Motion Hearing set for 11/12/2020 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 10/21/2020. Replies due by 10/28/2020. (Attachments: #1 Proposed Order Proposed Order)(Jeffrey, Thomas) (Filed on 10/7/2020) [Transferred from cand on 12/23/2020.]
October 7, 2020 Filing 14 MOTION to Transfer Case to the Eastern District of California filed by David Bernhardt, Brenda Burman, Ernest Conant, United States Bureau of Reclamation, United States Department of Interior. Motion Hearing set for 11/12/2020 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 10/21/2020. Replies due by 10/28/2020. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Proposed Order Proposed Order)(Jeffrey, Thomas) (Filed on 10/7/2020) [Transferred from cand on 12/23/2020.]
October 7, 2020 Filing 13 Notice of Appearance of J. Scott Thomas filed by David Bernhardt, Brenda Burman, Ernest Conant, United States Bureau of Reclamation, United States Department of Interior. (Jeffrey, Thomas) (Filed on 10/7/2020) Modified on 10/7/2020 (tnS, COURT STAFF). [Transferred from cand on 12/23/2020.]
August 25, 2020 Filing 12 STATEMENT IN OPPOSITION TO NOTICE OF RELATED CASE re #10 Notice filed by Hoopa Valley Tribe. (Schlosser, Thomas) (Filed on 8/25/2020) [Transferred from cand on 12/23/2020.]
August 24, 2020 Filing 11 CERTIFICATE OF SERVICE by Hoopa Valley Tribe (Schlosser, Thomas) (Filed on 8/24/2020) [Transferred from cand on 12/23/2020.]
August 20, 2020 Filing 10 NOTICE by Non-Party Westlands Water District, Non-Party San Luis Water District, Non-Party Panoche Water District of NOTICE OF RELATED CASE (Larsen, Cynthia) (Filed on 8/20/2020) [Transferred from cand on 12/23/2020.]
August 19, 2020 Filing 9 CLERK'S NOTICE RE REASSIGNED CASE: You are notified that the Court has scheduled an Initial Case Management Conference set for 11/19/2020 at 10:00 AM to be held telephonic before Judge Richard Seeborg upon reassignment. Case Management Statement due by 11/12/2020.All parties shall appear telephonically and must contact Court Conference at (866) 582-6878 at least one week prior to the Conference to arrange their participation. For a copy of Judge Seeborg's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 8/19/2020) [Transferred from cand on 12/23/2020.]
August 19, 2020 Opinion or Order Filing 8 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Richard Seeborg for all further proceedings. Magistrate Judge Robert M. Illman no longer assigned to case,. Signed by Clerk on 08/19/2020. (mbcS, COURT STAFF) (Filed on 8/19/2020) [Transferred from cand on 12/23/2020.]
August 18, 2020 Filing 7 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (glmS, COURT STAFF) (Filed on 8/18/2020) [Transferred from cand on 12/23/2020.]
August 17, 2020 Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Hoopa Valley Tribe.. (Schlosser, Thomas) (Filed on 8/17/2020) [Transferred from cand on 12/23/2020.]
August 13, 2020 Filing 5 Summons Issued as to Defendants David Bernhardt, Brenda Burman, Ernest Conant, United States Bureau of Reclamation, United States Department of Interior. (tnS, COURT STAFF) (Filed on 8/13/2020) [Transferred from cand on 12/23/2020.]
August 13, 2020 Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 11/10/2020. Initial Case Management Conference set for 11/17/2020 at 2:00 PM in McKinleyville, Chambers. (tnS, COURT STAFF) (Filed on 8/13/2020) [Transferred from cand on 12/23/2020.]
August 13, 2020 Filing 3 Case assigned to Magistrate Judge Robert M. Illman. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/27/2020. (haS, COURT STAFF) (Filed on 8/13/2020) [Transferred from cand on 12/23/2020.]
August 13, 2020 Filing 2 Proposed Summons. (Attachments: #1 Supplement to Proposed Summons)(Schlosser, Thomas) (Filed on 8/13/2020) [Transferred from cand on 12/23/2020.]
August 13, 2020 Filing 1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (Administrative Procedure Act Case) against All Defendants, (Filing Fee: $400.00, receipt number 0971-14810511). Filed by Hoopa Valley Tribe. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet)(Schlosser, Thomas) (Filed on 8/13/2020) Modified on 8/13/2020 (tnS, COURT STAFF). [Transferred from cand on 12/23/2020.]

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Search for this case: Hoopa Valley Tribe v. United States Bureau of Reclamation et al
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Plaintiff: Hoopa Valley Tribe
Represented By: Thane D Somerville, NCAED
Represented By: Thomas P. Schlosser
Represented By: Thomas P. Schlosser, PHV
Represented By: Thane D Somerville, PHV
Represented By: George Forman
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Defendant: United States Department of Interior
Represented By: Thomas Scott Jeffrey
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Defendant: David Bernhardt
Represented By: Thomas Scott Jeffrey
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Defendant: United States Bureau of Reclamation
Represented By: Thomas Scott Jeffrey
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Defendant: Ernest Conant
Represented By: Thomas Scott Jeffrey
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Defendant: Brenda Burman
Represented By: Thomas Scott Jeffrey
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Petitioner: Non-Party Westlands Water District
Represented By: Cynthia J. Larsen
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Petitioner: Non-Party Panoche Water District
Represented By: Cynthia J. Larsen
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Petitioner: Non-Party San Luis Water District
Represented By: Cynthia J. Larsen
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