South Yuba River Citizens League et al v. National Marine Fisheries Service et al
| 2:2006cv02845 |
| December 14, 2006 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Lawrence K. Karlton |
| John F. Moulds |
| Environmental Matters |
| 05 U.S.C. ยง 551 Administrative Procedure Act |
| None |
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The following documents for this case are available for you to view or download:
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Filing
505
NON-RELATED CASE ORDER signed by Judge Lawrence K. Karlton on 3/7/2013 ORDERING that the Court DECLINES to relate cases 2:06-cv-2845LKK-JFM, 2:13-cv-00059 MCE-EFB, and 2:13-cv-00042-MCE-CKD. (Zignago, K.)
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Filing
498
ORDER signed by Judge Lawrence K. Karlton on 11/1/12 ORDERING Plaintiffs' motion for a supplemental order directing the Federal Defendants to pay the attorneys' fees and costs awarded by the court, 491 , is DENIED. Final Judgment in this case has been entered, as of issuance of this court's May 31, 2012 Order, 475 . The fee awards set forth in the court's March 27, 2012 and May 31, 2012 orders are STAYED pending resolution of Defendants' appeal. The parti es SHALL notify the court upon resolution of the Federal Defendants' appeal or, if the Office of the Solicitor General decides not to approve Federal Defendants' appeal, upon the withdrawal of such appeal. The motion hearing currently set for November 5, 2012 at 10:00 a.m. is VACATED.(Matson, R)
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Filing
490
ORDER signed by Judge Lawrence K. Karlton on 8/28/12 ORDERING that Federal Defendants' 482 motion for modification of 475 the Court's 5/21/2012 Order is GRANTED. The language of the Order is modified to require Federal Defendants to sub mit a request to the Treasury Department for the payment of all fees due by 9/4/2012. Within 30 days of the issuance of this order, defendants SHALL inform the court of the status of the payment to plaintiffs.The hearing currently set for 9/4/2012 is VACATED. (Kastilahn, A)
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Filing
475
ORDER signed by Judge Lawrence K. Karlton on 5/31/2012 ORDERING that the hearing on defendants' 470 Motion for Reconsideration is VACATED. Plaintiffs' 473 Motion to file a Sur-reply is DENIED. The 470 Motion for Reconsideration is DE NIED. Plaintiffs' Request for Supplemental Fees in the amount of $9110.70, made in their opposition to the Motion for Reconsideration is DENIED. Plaintiffs' 458 Supplemental Motion for Fees is GRANTED in part and DENIED in part. Plai ntiffs are awarded $1705 in supplemental fees, reflecting a 90% reduction in the amount requested. Defendants SHALL pay all fees due no later than ninety (90) days from the issuance of this order, and shall thereupon file a declaration with the court stating that they have done so. (Zignago, K.)
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Filing
469
ORDER signed by Judge Lawrence K. Karlton on 3/26/12 ORDERING that 1 Plaintiffs' 407 motion for attorneys' fees and costs is GRANTED in part and DENIED in part. Plaintiffs are entitled to recover fees and costs in the amount of $1,875,951.20 from the federal defendants. This reflects a 20% reduction in the loadstar amount requested by plaintiffs. (Kastilahn, A)
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Filing
465
ORDER signed by Judge Lawrence K. Karlton on 2/22/2012 ORDERING that on 1/11/2012, Plaintiffs South Yuba River Citizens League and Friends of the River moved this Court for an order staying the deadlines in Local Rule 293 and Federal Rule of Civil Pr ocedure 54 for the filing of supplemental motions for attorneys' fees until 28 days after the Court rules on the Plaintiffs' main motion for attorneys' fees, which is currently under submission. See ECF No. 407 , 407-1 (Aug. 19, 2011) , see also ECF No. 433 (Nov. 3, 2011). The Federal Defendants took no position on the motion. Having considered the arguments and good cause appearing, the Court hereby GRANTS the motion. All deadlines for filing supplemental motions for attorneys& #039; fees are hereby stayed. Supplemental motions for attorneys' fees, if any, will be due no later than 28 days after an order on Plaintiffs' motion for attorneys' fees. See ECF No. 407 , 407-1 (Aug. 19, 2011), see also ECF No. 433 (Nov. 3, 2011). The hearing currently scheduled for 2/27/2012 is VACATED. (Zignago, K.)
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Filing
462
ORDER signed by Judge Lawrence K. Karlton on 2/2/12 ORDERING that Plaintiffs' MOTIONS 445 , 446 , 447 are DENIED. (Mena-Sanchez, L)
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Filing
440
ORDER signed by Judge Lawrence K. Karlton on 12/1/11 ORDERING that defendant's 436 request to shorten time is DENIED. Defendant's 435 Motion for an Extension of Time is SET for hearing on 12/19/2011 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Defendant's Reply Brief is DUE on 12/9/11. All other briefing has already been submitted. (Kastilahn, A)
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Filing
432
ORDER signed by Judge Lawrence K. Karlton on 10/31/11 GRANTING plaintiff's 430 Request to file their proposed response to defendants' supplemental brief. Plaintiffs SHALL filed their response within 7 days of the issuance of this order. (Meuleman, A)
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Filing
428
STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 10/13/11 ORDERING that plfs' claims against Cordua Irrigation District in their 407 Motion for Attorneys Fees and Costs and the 417 Reply brief are deemed WITHDRAWN and will not be considered by the Court. (Benson, A.)
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Filing
426
ORDER signed by Judge Lawrence K. Karlton on 9/27/11: Plaintiffs SHALL, within fourteen (14) days of the issuance of this order, submit to defendant a searchable electronic copy of the billing records for plaintiffs' attorneys who have billed ti me on this case. Within fourteen (14) days of receiving the records from plaintiffs, the federal defendants SHALL file with the court a supplemental brief. Intevenor Cordua Irrigation District is GRANTED fourteen (14) days from the issuance of this order to file a supplemental brief. (Kaminski, H)
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Filing
415
STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 9/12/11. The grating measure (Interim Measure 5) of the Order re interim measures, 402 at 44, is amended to remove the obligation to install grates over the lower 8 bays of the south fish ladder at Daguerre Point Dam and allow completion of grate installation by September 14, 2011. (Mena-Sanchez, L)
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Filing
402
ORDER signed by Senior Judge Lawrence K. Karlton on 7/25/11 ORDERING that Plaitiffs' MOTION for Final Remedies 363 is GRANTED in part and DENIED in part; Defendants MAY move for relief from Judgment upon a showing that they have complied with this Court's remand order 398 . Defendants' MOTION to STRIKE and/or Exclude Evidence 380 is DENIED. American Rivers, Inc.'s unopposed MOTION for Leave to File an Amicus Brief 392 is GRANTED. (Mena-Sanchez, L)
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Filing
390
ORDER signed by Senior Judge Lawrence K. Karlton on February 17, 2011. The hearing currently set for 02/22/2011 is CONTINUED TO 3/7/2011 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. State Water Contractors' Motion fo r leave to file Amicus Curiae Brief, 382 is GRANTED. Pacific Gas and Electric Companys motion for leave to file an amicus curiae brief 388 is GRANTED. The deadline for filing any further amicus briefs is February 22, 2011. The deadline for filing any responses to amicus briefs is February 28, 2011. (Rivas, A)
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Filing
385
STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 02/09/11. 380 Motion to Strike Hearing shortened to 2/22/2011 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Plaintiffs opposition to the motion to strike shall be filed no later than February 14,2011. Federal Defendants reply shall be filed no later than February 18, 2011.(Williams, D) Modified on 2/11/2011 (Williams, D).
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Filing
348
STIPULATION and ORDER on FINAL REMEDIES PHASE signed by Senior Judge Lawrence K. Karlton on 11/23/2010 re 345 ORDERING that all parties shall refrain from propounding discovery during the final injunctive relief phase of this case. The parties shal l not be required to designate experts or provide reports to use expert testimony relating to the injunctive relief sought during the final remedies phase of this case, as generally required by Rule 26 of the Federal Rules of Civil Procedure. Injunct ive relief in this matter, if warranted, shall be limited to the injunctive relief measures requested in Plaintiffs' 317 proposed order filed with their supplemental briefing. The Biological Opinion and Incidental Take Statement at issue in the case will not be vacated and shall remain in place during any remand period. Nothing in this order precludes Plaintiffs from seeking to recover attorneys' fees and costs at a later date. (Duong, D)
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Filing
343
ORDER signed by Senior Judge Lawrence K. Karlton on 11/16/10 ORDERING that the 260 Motion for Preliminary Injunction is DENIED without prejudice. The 11/22/10 hearing on pltf's motion is vacated. Pltf's Claim 4B is DISMISSED without prejudice as prudentially moot. A Status Conference is set for 11/22/2010 at 03:00 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Interested parties shall submit status reports of no more than 5 pages by 11/18/10 at 12:00 PM. (Owen, K)
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Filing
340
ORDER signed by Senior Judge Lawrence K. Karlton on 11/1/10: HEARING as to 260 Motion for Preliminary Injunction set for 11/22/2010 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Kaminski, H)
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Filing
338
ORDER signed by Senior Judge Lawrence K. Karlton on 10/26/2010 ORDERING parties to submit status reports within 14 days. (Zignago, K.)
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Filing
320
STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 8/6/10: The clerk of the court is directed to select a judge from the list used for post-pretrial settlement conferences. District Judge John A. Mendez is assigned for post-pretrial settlement conference.(Kaminski, H)
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Filing
316
ORDER signed by Senior Judge Lawrence K. Karlton on 7/8/2010; ORDERING Plaintiffs' motion for partial summary adjudication as to standing (Dkt. No. 247) is DENIED AS MOOT. Plaintiffs' motion for summary judgment as to liability (Dkt. No. 27 9) is GRANTED IN PART AND DENIED IN PART. Federal Defendants' motion for summary judgment as to liability (Dkt. No. 295) is GRANTED IN PART AND DENIED IN PART. The court GRANTS summary judgment to plaintiffs as to the question of liability on pl aintiffs' third claim. NMFS acted arbitrarily and capriciously in reaching the BiOp's no-jeopardy and no adverse modification conclusions, and in issuing the ITS. Federal Defendants' cross motion is denied on this issue. The court GRAN TS summary judgment to Federal Defendants as to liability on plaintiffs' claim 4A. Plaintiffs' cross motion is denied on this issue. It appears that a disputed question of material fact remains as to plaintiffs' claim 4B, alleging that the Corps violated the terms and conditions of the ITS. Federal Defendants' motion for summary judgment is therefore DENIED as to this claim. Plaintiffs did not seek summary judgment on this issue. Plaintiffs SHALL file a supplemental brief no later than July 23, 2010. This brief shall address a. Whether claim 4B, if successful, would entitle plaintiffs to any remedy beyond that available under claim 3. b. Whether the particular terms of the preliminary injunction requested by plaintiffs a re presently necessary to avoid irreparable injury, in light of Monsanto Co., ___ U.S. ___, 2010 WL 2471057, 2010 U.S. LEXIS 4980. Federal Defendants SHALL file an opposition to the above no later than August 6, 2010. The intervenor defendants MAY f ile concurrent opposition briefs. Plaintiffs MAY file a reply no later than August 13, 2010. This is not a final order as to all claims and all parties for purposes of Fed. R. Civ. P. 54(b). If a party should file an appeal from this non-appealable order, this court is not divested of jurisdiction. Estate of Conners v. OConnor, 6 F.3d 656, 658 (9th Cir. 1993); United States v. Garner, 663 F.2d 834, 838 (9th Cir. 1981).(Matson, R)
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Filing
313
ORDER signed by Senior Judge Lawrence K. Karlton on 6/7/10 ORDERING that Pltf's may file, within 14 days, a brief arguing that their ninth claim is not moot. If Pltf's agree that their ninth claim is moot, they are encouraged to submit a filing to that effect. The cross motions otherwise remain under submission and an order will issues once the mootness question is resolved. (Owen, K)
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Filing
304
ORDER signed by Senior Judge Lawrence K. Karlton on 8/12/09 ORDERING that the hearing on 247 motion for partial summary adjudication, 260 motion for a preliminary injunction, and 279 , 295 cross motions for summary judgment is CONTINUED to 8/21/2009 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Engbretson, K.)
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Filing
188
ORDER signed by Senior Judge Lawrence K. Karlton on 2/5/09 ORDERING that responses by Dfts and Dft-Intervenors to 185 Motion for Clarification shall be filed on or before 2/13/09. Pltfs' reply, if any, shall be filed on or before 2/17/09. Upon the filing of Pltfs' reply, the Motion shall stand submitted. (Engbretson, K.)
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