Harris et al v. Henry Miller Reclamation District No. 2131 et al
| Harris Farms, LP and F. Russell Harris |
| Michael Cannon, Peter Cannon Michael, Henry Miller Reclamation District No. 2131, Michael Palazzo, David Carlucci, John Wiersma, Robert McDonald, Douglas Goodman, James Nickel, San Luis Canal Company, David Pruitt and Cannon Michael |
| 1:2021cv00882 |
| June 2, 2021 |
| US District Court for the Eastern District of California |
| Erica P Grosjean |
| Anthony W Ishii |
| Jennifer L Thurston |
| Civil Rights: Other |
| 18 U.S.C. § 241 Conspiracy Against Citizen Rights |
| None |
Docket Report
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Filing 43
ORDER REASSIGNING CASE signed by Chief Judge Kimberly J. Mueller: Due to the impending inactive retirement of District Judge *Anthony W. Ishii* from the bench of the Eastern District of California, this action is reassigned to *District Judge Jennifer L. Thurston* for all further proceedings. (Maldonado, C)
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Filing 42
STIPULATED ORDER TO STAY PROCEEDING DENYING signed by District Judge Anthony W. Ishii on 3/29/2023. IT IS HEREBY ORDERED: 1. All proceedings in this case are stayed through October 19, 2023; 2. Plaintiffs and Defendants shall submit a joint status report on settlement on or before October 5, 2023 and inform the Court on the status of the scheduled mediation and whether the parties request the stay to be continued, terminated, or such other relief; 3. Defendants' motion to dismiss the First Amended Complaint, Doc. No. #32 , is DENIED administratively (with no reflection on the merits of the motion) and will automatically revive on October 20, 2023 absent dismissal of this case or further Court order; and 4. Plaintiff's motion to disqualify, Doc. No. #25 , is DENIED administratively (with no reflection on the merits of the motion) and will automatically revive on October 20, 2023 absent dismissal of this case or further Court order. (Navarro, F)
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Filing 41
STIPULATION to Stay Proceedings by F. Russell Harris, Harris Farms, LP. (Morse, Kevin)
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Filing 40
STIPULATED ORDER TO STAY PROCEEDINGS, signed by District Judge Anthony W. Ishii on 11/23/2022. (Apodaca, P)
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Filing 39
STIPULATION and PROPOSED ORDER for Continuing Stay of Case re #37 Stipulation and Order, Case Stayed by F. Russell Harris, Harris Farms, LP. (Morse, Kevin)
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Filing 37
STIPULATION and ORDER to STAY Proceedings signed by District Judge Anthony W. Ishii on 9/9/2022. (Sant Agata, S)
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Filing 36
STIPULATION and PROPOSED ORDER for Stay of Proceedings by F. Russell Harris, Harris Farms, LP. (Morse, Kevin)
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Filing 35
MINUTE ORDER signed by District Judge Anthony W. Ishii on 3/23/2022: (Text Only Entry)) The Court has deemed the MOTION TO DISMISS, Doc. No. #32 , noticed for hearing on 3/28/2022, before District Judge Anthony W. Ishii, suitable for decision WITHOUT oral argument pursuant to Local Rule 230(g). As such, the hearing on same is VACATED and the motion will be taken under submission as of that date. Minute order signed by District Judge Anthony W. Ishii on 3/23/2022.(Gonzales, V)
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Filing 34
REPLY by Henry Miller Reclamation District No. 2131 re #32 Motion to Dismiss,. (Matthews, Ryan)
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Filing 33
OPPOSITION by F. Russell Harris, Harris Farms, LP to #32 Motion to Dismiss,. (Attachments: #1 Exhibit A - First Amended Complaint, #2 Exhibit B - Toscano Crossing, #3 Exhibit C - 11/19 HMRD Board Meetings, #4 Exhibit D - Denied Harris Crossing, #5 Proof of Service)(Morse, Kevin)
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Filing 32
MOTION to DISMISS by Henry Miller Reclamation District No. 2131. Motion Hearing set for 3/28/2022 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order)(Salazar, Joseph)
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Filing 31
FIRST AMENDED COMPLAINT against All Defendants by Harris Farms, LP, F. Russell Harris. (Attachments: #1 Civil Cover Sheet, #2 Proof of Service)(Morse, Kevin)
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Filing 30
ORDER GRANTING MOTION TO DISMISS (Doc. No. #15 ) signed by District Judge Anthony W. Ishii on 1/24/2022. (Gonzales, V)
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Filing 29
MINUTE ORDER signed by District Judge Anthony W. Ishii on 10/20/2021: The Court has deemed the MOTION TO DISMISS, Doc. No. #15 and the MOTION TO DISQUALIFY COUNSEL, Doc. No. #25 , noticed for hearing on 10/25/2021 before District Judge Anthony W. Ishii, suitable for decision WITHOUT oral argument pursuant to Local Rule 230(g). As such, the hearing on same is VACATED and the motions will be taken under submission as of that date. Minute order signed by District Judge Anthony W. Ishii on 10/20/2021. (Text Only Entry) (Gonzales, V)
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Filing 28
REPLY by F. Russell Harris, Harris Farms, LP re #26 Request, #27 Opposition to Motion, #25 Motion for Miscellaneous Relief. (Attachments: #1 Exhibit A - Keys Declaration, #2 Exhibit B - Wynkoop Declaration, #3 Proof of Service)(Morse, Kevin)
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Filing 27
OPPOSITION by David Carlucci, Douglas Goodman, Henry Miller Reclamation District No. 2131, Robert McDonald, Cannon Michael, James Nickel, Michael Palazzo, David Pruitt, San Luis Canal Company, John Wiersma to #25 Motion for Miscellaneous Relief. (Matthews, Ryan)
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Filing 26
REQUEST for Judicial Notice in Support of Motion to Disqualify Counsel from Concurrently Representing All Defendants by F. Russell Harris, Harris Farms, LP re #25 MOTION to Disqualify Counsel from Concurrently Representing All Defendants filed by Harris Farms, LP, F. Russell Harris. (Attachments: #1 SLCC Complaint, #2 SLCC Answer, #3 HMRD Complaint, #4 HMRD Answer)(Morse, Kevin)
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Filing 25
MOTION to Disqualify Counsel from Concurrently Representing All Defendants by F. Russell Harris, Harris Farms, LP. Motion Hearing set for 10/25/2021 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Morse, Kevin)
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Filing 24
MINUTE ORDER signed by District Judge Anthony W. Ishii on 9/22/2021: (Text Only Entry), The MOTION TO DISMISS (Doc. No. #15 ), currently set for 9/27/2021 at 1:30 PM is RESET for 10/25/2021, at 1:30 PM before District Judge Anthony W. Ishii. (Gonzales, V)
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Filing 23
REPLY by David Carlucci, Douglas Goodman, Henry Miller Reclamation District No. 2131, Robert McDonald, Cannon Michael, James Nickel, Michael Palazzo, David Pruitt, San Luis Canal Company, John Wiersma re #15 Motion to Dismiss,. (Chisum, William)
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Filing 22
NOTICE of APPEARANCE by Ryan James Matthews on behalf of David Carlucci, Douglas Goodman, Henry Miller Reclamation District No. 2131, Robert McDonald, Cannon Michael, James Nickel, Michael Palazzo, David Pruitt, San Luis Canal Company, John Wiersma. Attorney Matthews, Ryan James added. (Matthews, Ryan)
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Filing 21
NOTICE of APPEARANCE by Joseph A. Salazar, Jr on behalf of David Carlucci, Douglas Goodman, Henry Miller Reclamation District No. 2131, Robert McDonald, Cannon Michael, James Nickel, Michael Palazzo, David Pruitt, San Luis Canal Company, John Wiersma. Attorney Salazar, Joseph A. added. (Salazar, Joseph)
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Filing 20
OPPOSITION by F. Russell Harris, Harris Farms, LP to #15 Motion to Dismiss,. (Attachments: #1 Exhibit A - Complaint (1:21-cv-0882), #2 Exhibit B - SLCC Complaint, #3 Proof of Service)(Morse, Kevin)
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Filing 19
ORDER TO CONTINUE HEARING ON MOTION TO DISMISS COMPLAINT signed by District Judge Anthony W. Ishii on 8/09/2021. IT IS HEREBY ORDERED the Motion set for August 23, 2021, is CONTINUED to September 27, 2021, at 1:30 p.m., in Courtroom 2. Plaintiffs' responsive pleading to the Motion shall be filed on or before August 20, 2021. Defendants' reply to the Motion shall be filed on or before September 3, 2021. (Gonzales, V)
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Filing 18
STIPULATION and PROPOSED ORDER for Order to Continue Hearing on Motion to Dismiss Complaint by F. Russell Harris, Harris Farms, LP. (Attachments: #1 Proposed Order to Continue Hearing on Motion to Dismiss Complaint)(Wynkoop, Todd)
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Filing 17
MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on 8/4/2021: As a Motion to Dismiss, document #15 , has been noticed for 8/23/2021 before the District Judge, the Court vacates the Scheduling Conference set for 9/16/2021 before Magistrate Judge Erica P. Grosjean. Within ten days after the ruling on the Motion to Dismiss has been issued, should the case go forward, the parties are directed to contact Courtroom Deputy Michelle Rooney (mrooney@caed.uscourts.gov) to secure a new scheduling conference date. (Text Only Entry)(Rooney, M)
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Filing 16
REQUEST for JUDICIAL NOTICE by David Carlucci, Douglas Goodman, Henry Miller Reclamation District No. 2131, Robert McDonald, Cannon Michael, James Nickel, Michael Palazzo, David Pruitt, San Luis Canal Company, John Wiersma in re #15 Motion to Dismiss,. (Chisum, William)
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Filing 15
MOTION to DISMISS by David Carlucci, Douglas Goodman, Henry Miller Reclamation District No. 2131, Robert McDonald, Cannon Michael, James Nickel, Michael Palazzo, David Pruitt, San Luis Canal Company, John Wiersma. Motion Hearing set for 8/23/2021 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Chisum, William)
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Filing 14
STIPULATION Extending Time for Defendants' Responsive Pleading to Complaint by David Carlucci, Douglas Goodman, Henry Miller Reclamation District No. 2131, Robert McDonald, Cannon Michael, James Nickel, Michael Palazzo, David Pruitt, San Luis Canal Company, John Wiersma. Attorney Chisum, William Thomas added. (Chisum, William)
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Filing 13
SUMMONS RETURNED EXECUTED: Cannon Michael served on 6/16/2021, answer due 7/7/2021. (Wynkoop, Todd)
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Filing 12
SUMMONS RETURNED EXECUTED: David Carlucci served on 6/9/2021, answer due 6/30/2021; Douglas Goodman served on 6/9/2021, answer due 6/30/2021; Robert McDonald served on 6/4/2021, answer due 6/25/2021; James Nickel served on 6/10/2021, answer due 7/1/2021; Michael Palazzo served on 6/4/2021, answer due 6/25/2021; David Pruitt served on 6/7/2021, answer due 6/28/2021; John Wiersma served on 6/4/2021, answer due 6/25/2021. (Wynkoop, Todd)
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Filing 11
AMENDED SUMMONS ISSUED as to *Cannon Michael* with answer to complaint due within *21* days. Attorney *Todd Wynkoop* *McCormick Barstow, LLP* *7647 North Fresno Street* *Fresno, California 93720*. (Maldonado, C)
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Filing 10
SUMMONS RETURNED EXECUTED: San Luis Canal Company served on 6/4/2021, answer due 6/25/2021. (Wynkoop, Todd)
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Filing 9
SUMMONS RETURNED EXECUTED: Henry Miller Reclamation District No. 2131 served on 6/4/2021, answer due 6/25/2021. (Wynkoop, Todd)
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Filing 8
PRO HAC VICE ORDER, signed by Magistrate Judge Erica P. Grosjean on 06/03/2021. Added attorney Robert B. Marcus, PHV for F. Russell Harris and Harris Farms, LP. (Maldonado, C)
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Filing 7
CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 9/16/2021 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: #1 Consent Form, #2 VDRP) (Maldonado, C)
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Filing 6
SUMMONS ISSUED as to *Michael Palazzo, David Pruitt, San Luis Canal Company, John Wiersma* with answer to complaint due within *21* days. Attorney *Todd Wynkoop* *7647 North Fresno Street* *Fresno, California 93720*. (Maldonado, C)
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Filing 5
SUMMONS ISSUED as to *Henry Miller Reclamation District No. 2131, Robert McDonald, James Nickel* with answer to complaint due within *21* days. Attorney *Todd Wynkoop* *7647 North Fresno Street* *Fresno, California 93720*. (Maldonado, C)
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Filing 4
SUMMONS ISSUED as to *Michael Cannon, David Carlucci, Douglas Goodman* with answer to complaint due within *21* days. Attorney *Todd Wynkoop* *7647 North Fresno Street* *Fresno, California 93720*. (Maldonado, C)
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Filing 3
CORPORATE DISCLOSURE STATEMENT by Plaintiffs F. RUSSELL HARRIS, HARRIS FARMS, LP. (Wynkoop, Todd)
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Filing 2
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by F. RUSSELL HARRIS, HARRIS FARMS, LP for attorney Robert B. Marcus to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9633848) (Wynkoop, Todd)
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Filing 1
COMPLAINT FOR DAMAGES, DECLARATORY RELIEF, AND INJUNCTIVE RELIEF against All Defendants by HARRIS FARMS, LP, F. RUSSELL HARRIS. Attorney Wynkoop, Todd A. added. (Filing fee $ 402, receipt number 0972-9633846) (Attachments: #1 Civil Cover Sheet)(Wynkoop, Todd) (Marrujo, C).
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