Hardesty et al v. Sacramento Metropolitan Air Quality Management District et al
| Joseph Hardesty and Yvette Hardesty |
| Sacramento Metropolitan Air Quality Management District, David Gross, James Goldstene, Office of Mine Reclamation, Dennis O'Bryant, Gay Norris, California State Mining and Geology Board, Steve Testa, Zachary Simmons, California Department of Fish and Game, Liz Gregory, Sacramento County and Richard Sherry |
| 2:2010cv02414 |
| September 8, 2010 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| John F. Moulds |
| Garland E. Burrell |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
753
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 11/14/23 DISMISSING action with prejudice as to all defendants and in its entirety, with each Party to bear his own attorneys' fees and costs. (Benson, A.)
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Filing
751
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 11/2/23 ORDERING this action DISMISSED with prejudice as to all Defendants and with each Party to bear his own attorneys' fees and costs; provided. The Court shall i n this exceptional case, in accordance with section 664.6 of the California Code of Civil Procedure and applicable federal law, retain jurisdiction over the Parties to the above- entitled action to enforce the terms and conditions of the Parties' Settlement Agreement. CASE CLOSED (Kastilahn, A)
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Filing
746
ORDER signed by Chief District Judge Kimberly J. Mueller on 10/03/23 GRANTING IN PART AND DENYING IN PART 712 Motion to Enforce Judgment as follows: the settlement agreement the parties signed and authorized at the conclusion of their mediation on 03/15/23, which the parties' referred to as the "Bridge Agreement," (attached as Exhibit A), shall be ENFORCED. For the reasons stated on the record during the hearing on this motion, the Court DENIES the County's request to enforce the subsequent version of the settlement agreement not all the Schneider Plaintiffs agreed to sign. The County shall have 20 days to make the payment required by the Bridge Agreement. (Benson, A.)
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Filing
729
ORDER signed by Chief District Judge Kimberly J. Mueller on 9/8/2023 GRANTING 728 Application for Pro Hac Vice. Added attorney Alexander R. Ades, PHV for Joseph Hardesty and Yvette Hardesty. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Clemente Licea, O)
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Filing
724
ORDER signed by Chief District Judge Kimberly J. Mueller on 8/24/2023 ORDERING that within seven (7) days Plaintiffs' counsel Glenn W. Peterson and Richard Manning Ross are directed to notify the court regarding the status of their representa tion of Plaintiffs Jay and Susan Schneider. If they no longer represent Plaintiffs in this matter, both attorneys are ordered to show cause as to why they should not be sanctioned for withdrawing without leave of court. Additionally, counsel for th e parties are hereby directed to meet and confer and notify the court within fourteen (14) days whether the briefing schedule for the pending motion should be modified in order for Plaintiffs Jay Schneider and Susan Schneider to file an opposition and whether the hearing as to the pending motion should be continued to a later date. (Mena-Sanchez, L)
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Filing
718
ORDER signed by Chief District Judge Kimberly J. Mueller on 08/22/23, per 283 Order closing the Schneider case, 2:12-cv-2457 KJM KJN, any future filings shall be filed ONLY in this lead case Hardesty, 2:10-cv-2414 KJM KJN. Clerk is to REFILE the fo llowing Schneider (2:12-cv-2457) documents into this Hardesty case (2:10-cv-2414): 142, 146,148 and 149. To the extent the Schneider Motion to Enforce Settlement Agreement (at ECF 147 in 2:12-cv-2457), includes documents that are not filed with the same 712 Motion in this Hardesty case (2:10-cv-2414), defendant County of Sacramento may file those additional documents in Hardesty (2:10-cv-2414). Clerk of Court file this order in both cases. (Benson, A.)
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Filing
716
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 8/10/23 ORDERING that a Pretrial Conference is SET for 9/22/2023 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. The parties will exchange witness lists, exhibit lists, exhibits, and designations of deposition testimony on 9/5/23. The parties will exchange objections to exhibits and designations of deposition testimony on 9/11/23. The parties will file a proposed Joint Pre-Trial Order with final witness lists, exhibits lists, and deposition testimony designations, including outstanding objections to both testimony and exhibits, on 9/15/23. The parties will file opening trial briefs no later than 9/19/23. The parties can file any responsive trial briefs no later than 9/26/23. The parties will file their proposed voir dire questions no later than 9/26/23. (Kastilahn, A)
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Filing
708
ORDER signed by Chief District Judge Kimberly J. Mueller on 07/14/23 ORDERING the following: 680 Hardestys' motion and County's 685 and 688 motions in limine have been resolved by approved stipulation; DENYING without prejudice [ 681] County's motion in limine, parties to meet and confer and file a joint statement within 30 days; DENYING without prejudice 682 County's motion in limine no. 2; DEFERRING pending finalization of settlement agreement 683 County 9;s motion in limine no. 3, parties are to meet and confer and file a joint statement 14 days after the settlement agreement is finalized and provided to the Hardestys ; DENYING without prejudice 684 County's motion in limine no. 4; DEFERRING 686 County's motion in limine no. 6, Court will hold a Daubert hearing prior to Crystal Howard's providing any expert testimony during trial; GRANTING without prejudice 687 County's motion in limine no. 7; DENYING without prejudice 689 County's motion in limine no. 9. (Benson, A.)
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Filing
703
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 06/26/23 ORDERING that the Court adopts the parties' Stipulation Regarding Motions in limine as set forth. The motions in limine identified in the stipulation are resolved as set forth. (Benson, A.)
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Filing
694
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 6/9/23 GRANTING the request for additional time to dismiss this action. (Kastilahn, A)
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Filing
674
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 10/30/22 ORDERING that Status Conference set for 12/15/2022 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. The parties shall file a joint status report fourteen (14) days prior to the hearing. (Kaminski, H)
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Filing
672
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 7/20/22 MODIFYING the schedule, stated in 668 Order, as follows: the cutoff for expert witness discovery is extended to 9/30/22; the deadline for fact-based discovery is extended to 9/30/22; dispositive motions shall be heard by 11/18/22. All other deadlines and requirements contained in 650 Order shall remain the same.(Kastilahn, A)
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Filing
668
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 3/9/2021 MODIFYING 657 Order as follows: Supplemental Disclosures due by 4/18/2021, Expert Witness Disclosures due by 5/4/2022, Rebuttal Expert Witness Disclosures due by 6/1/2022, Expert Witness Discovery Cutoff is 7/6/2022, Fact-Based Discovery due by 8/4/2022, and Dispositive Motions to be heard by 9/9/2022. All other deadlines identified in and requirements of 650 Order shall remain the same. (Huang, H)
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Filing
658
PRO HAC VICE ORDER signed by Chief District Judge Kimberly J. Mueller on 12/22/2021 GRANTING 655 Application for Pro Hac Vice. Added attorney Justin Tschoepe, PHV for Jake J. Schneider, Jared T. Schneider, Jay L Schneider, Katherine A Schneider, Leland H. Schneider, Leland A. Schneider, Susan J. Schneider. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Mena-Sanchez, L)
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Filing
652
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 10/18/2021 MODIFYING discovery deadlines as follows: Supplemental Disclosures under Rule 26(a)(1) due by 12/18/2021. Designation of Expert Witnesses due by 1/3/2022. Rebu ttal Witness Disclosures due by 2/2/2022. Expert Witness Discovery Cut-off is 3/4/2022. Fact-Based Discovery cut-off is 4/4/2022. Dispositive Motion deadline is 4/15/2022. All other deadlines identified in and requirements of the Courts 650 Order shall remain the same. (Coll, A)
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Filing
650
ORDER signed by Chief District Judge Kimberly J. Mueller on 10/1/21 WITHDRAWING 573 plaintiffs' Motion for Attorney Fees. The individual defendants are DISMISSED. Discovery in the case is reopened for the limited purpose of developing furt her evidence related to damages in light of the remand order from the Ninth Circuit Court of Appeals. The parties shall have five months from the date of this order to conduct discovery, with a fact discovery cutoff of 3/1/2022. The parties will m ake any initial expert disclosures under Rule 26(a)(2), within 30 days of this order, with rebuttal disclosures due 30 days thereafter and an expert discovery cutoff of 1/3/22. Dispositive motions, if any, shall be filed so as to be heard by 3/4/22. This matter is referred to Magistrate Judge Newman for the setting of a settlement conference to be held as soon as practicable. The parties shall file written notice with the court within 7 days of completing the settlement conference, informing the court of the result. This order resolves ECF Nos. 573 & 643 . (Kastilahn, A)
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Filing
647
STIPULATION and ORDER EXONERATE BOND signed by Chief District Judge Kimberly J. Mueller on 9/14/2021 ORDERING surety Hartford Fire Insurance Company is exonerated and bond number 72BSBID5173 is hereby released. (Zignago, K.)
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Filing
631
ORDER signed by Chief District Judge Kimberly J. Mueller on 1/6/2021 ORDERING that the deadline for their Joint Status Report shall be 1/22/2021.(Reader, L)
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Filing
618
ORDER signed by District Judge Kimberly J. Mueller on 6/27/19 GRANTING the County's request for a stay, conditioned on the posting within thirty (30) days of a bond of 50 percent of the judgment amount. (Kaminski, H)
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Filing
606
STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 10/24/2018 APPROVING the STAY of enforcement to which they previously agreed until the earlier of (i) 30 days from the date this Stipulation or (ii) the date the Court issues a ruling disposing of the Countys motion. (Washington, S)
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Filing
597
ORDER to SEAL signed by District Judge Kimberly J. Mueller on 9/20/2018. (Washington, S)
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Filing
589
STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 08/02/18 CONTINUING the hearing on 586 Motion to Stay and 573 Motion for Attorney Fees to 9/21/2018 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. The Stay of Execution of the Judgment is EXTENDED until the date of the hearing.(Benson, A.)
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Filing
577
STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 6/13/18: HEARING as to 573 Motion for Attorney Fees RESET for 8/10/2018 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Kaminski, H)
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Filing
561
STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 4/19/18, ORDERING that the Cost Claims shall be filed by plaintiffs on or before 5/29/2018, defendants shall have 21 days to oppose the Cost Claims, and plaintiffs shall have 21 days to file any reply. Plaintiffs shall suspend and forebear any efforts to execute on the Judgment from the date of this Stipulation up to and including the earlier of either 30 days after the Court issues a final ruling on the Cost Claims or 90 days after the date plaintiffs file their application(s) for the Cost Claims.(Kastilahn, A)
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Filing
559
ORDER denying 537 Renewed Motion for Judgment as a Matter of Law and denying 538 Motion for New Trial, signed by District Judge Kimberly J. Mueller on 03/31/18. (Mueller, Kimberly)
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Filing
546
STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 8/30/17. The last day for Plaintiffs' to file their opposition papers responsive to Defendants' post-trial is EXTENDED to 9/8/2017.(Mena-Sanchez, L)
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Filing
533
STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 6/12/2017 ORDERING Any and all initial filings related to plaintiffs' recovery of attorneys' fees and costs, including taxable and non-taxable costs, and whether due unde r 28:1920, 1988, FRCP Rule 54(d), and LR 292 and 293 or otherwise (herein "Cost Claims"), shall be filed together, on the same date, as set forth below. This Stipulation shall be without prejudice to plaintiffs rights to file amended or sup plemental filings related to the Cost Claims at a later date to the extent such filings may be permitted by the applicable rules and law or by leave of Court. The parties stipulate that all filings related to the Cost Claims shall be filed by plainti ffs within 28 days after the date of entry of the Court's ruling on defendants' forthcoming post-trial motions, and that defendants shall have 14 days to oppose the Cost Claims. In the event that defendants timely file multiple post-trial m otions and the Court disposes of the motions on different dates, that 28-day period will begin to run from the date of the Court's ruling on defendants' last pending timely filed post-trial motion. Plaintiffs' written opposition papers responsive to defendants' post-trial motions shall be filed not later than 56 days from the date said motions are filed. Defendants shall have 21 days to file written reply papers. Plaintiffs shall suspend and forebear any efforts to execute on the judgment from the date of this Stipulation up to and including 14 days after the last day for defendants to bring a timely appeal of the judgment. (Reader, L)
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Filing
529
ORDER signed by District Judge Kimberly J. Mueller on 6/8/2017 ORDERING that the Clerk is directed to enter judgment in favor of plaintiffs according to the 3/21/2017 jury verdict and to CLOSE this case. Plaintiffs' 508 motion to sever is DENIED as moot. CASE CLOSED. (Zignago, K.)
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Filing
461
FINAL JURY INSTRUCTIONS signed by District Judge Kimberly J. Mueller on 3/16/2017. (Donati, J)
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Filing
358
PRELIMINARY JURY INSTRUCTIONS Signed by District Judge Kimberly J. Mueller on 2/21/2017. (Reader, L)
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Filing
344
ORDER signed by District Judge Kimberly J. Mueller on 02/15/17 ORDERING that the 342 Motion for Reconsideration is GRANTED; plaintiff's remaining 287 Motions in Limine are GRANTED IN PART and RESERVED IN PART for ruling until first day of trial; this Order SUPERSEDES 340 Order on Motion in Limine. (Benson, A)
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Filing
340
ORDER signed by District Judge Kimberly J. Mueller on 2/10/2017 GRANTING 291 Motion in Limine; GRANTING 292 Motion in Limine; GRANTING 293 Motion in Limine. (Washington, S)
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Filing
311
ORDER signed by District Judge Kimberly J. Mueller on 8/1/16: Having received the Joint Stipulation confirming a back-up trial date, the Court CONFIRMS the current trial date of November 7, 2016, with the understanding this case trails another trial. If this case does not proceed on November 7, the trial date will be RESET to February 6, 2017. (Kaminski, H)
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Filing
285
ORDER signed by District Judge Kimberly J. Mueller on 6/15/2016 ORDERING The Hardestys did not produce evidence that would allow a rational trier of fact to find defendants Testa or Norris deprived the Hardestys of a constitutionally protected right or intended to drive the mining operation out of business. The court therefore granted summary judgment on the substantive due process claim against both. (Reader, L)
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Filing
283
ORDER signed by District Judge Kimberly J. Mueller on 6/8/2016 ORDERING Defendant Liz Gregory's 217 Motion for Summary Judgment or in the Alternative Partial Summary Judgment; Defendants 218 County of Sacramento, et al Motion for Summary Ju dgment; Plaintiff's 219 Schneider's Motion for Summary Adjudication, 220 ; Defendants 222 O'Bryant's et al Motion for Summary Judgment or in the Alternative Summary Adjudication; Defendant 105 David Bieber's Motion for Summary Judgment or in the Alternative Partial Summary Judgment is GRANTED in PART and DENIED in PART; Additionally, the unconsolidated portion of the Schneider case, against defendant Bieber is CLOSED. (Reader, L)
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Filing
282
ORDER signed by District Judge Kimberly J. Mueller on 6/2/16 ORDERING that the ex parte application 280 to continue in Case No. 10-2414 isDENIED. An order on the pending motions for summary judgment will soon be filed. (Kastilahn, A)
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Filing
279
ORDER signed by District Judge Kimberly J. Mueller on 05/02/16 ORDERING that defendants' 277 Ex Parte Application is GRANTED in part and DENIED in part; Final Pretrial Conference RESET for 7/1/2016 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller with a joint pretrial statement due 06/17/16; Jury Trial RESET for 8/15/2016 at 09:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Benson, A)
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Filing
276
ORDER signed by District Judge Kimberly J. Mueller on 3/7/16 ORDERING that the ex parte application is GRANTED IN PART. The Final Pretrial Conference is SET for 6/3/2016 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. A joint pretrial statement shall be filed by 5/20/2016. The Jury Trial is SET for 7/11/2016 at 09:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller, with trial briefs due by 6/27/2016. (Kastilahn, A)
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Filing
215
ORDER signed by Judge Kimberly J. Mueller on 8/18/2015 ORDERING that the parties shall compile a Statement of Undisputed Facts to be filed with the court no later than 9/18/2015, with no dispositive motions to be filed before this date. Dispositive motions shall be filed no later than 10/16/2015. Oppositions shall be filed no later than 12/4/2015. Replies shall be filed no later than 12/30/2015. The court anticipates a combined hearing in January 2016. Defendants O'Bryant, Norris, Testa, and Taras may file a consolidated motion for summary judgment supported by a memorandum of point and authorities of up to sixty-five pages; the consolidated brief in opposition may likewise not exceed sixty-five pages, and the consolidated reply shall not exceed thirty-two pages. (Zignago, K.)
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Filing
200
ORDER signed by Judge Kimberly J. Mueller on 5/14/15 GRANTING 197 Request to Disclose Expert Witness. (Manzer, C)
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Filing
196
FURTHER AMENDED STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Kimberly J. Mueller on 10/14/14: Initial disclosures shall be completed by 11/21/2014. All discovery shall be completed by 7/7/2015. Designation of Expert Witnesses due by 5/18/2 015, and rebuttal disclosures due by 6/8/2015. All expert discovery shall be completed by 7/7/2015. A mid-litigation status conference will be held on 7/30/2015. All dispositive motions, except motions for continuances, temporary restraining orders or other emergency applications, shall be heard no later than 12/18/2015. The Final Pretrial Conference is SET for 3/31/2016 at 03:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. A joint pretrial conference statement shall be filed b y 3/10/2016. The Jury Trial is SET for 4/25/2016 at 09:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. The parties estimate a trial length of approximately three weeks. Trial briefs are due by 4/11/2016. Objections shall be filed within 14 calendar days of service of this Order. (Kastilahn, A)
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Filing
164
ORDER signed by Judge Kimberly J. Mueller on 5/6/14 ORDERING that all parties in the above-captioned actions advise the court within fourteen days of the date of this order if any party objects to consolidation. If there is any objection, the court may order further briefing. If all parties believe the cases should be consolidated, they may file a stipulation and proposed order for the court's consideration. (Becknal, R)
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Filing
156
RELATED CASE ORDER signed by Judge Kimberly J. Mueller on 5/9/13. Case number 2:12-cv-2457 is reassigned to Judge Kimberly J. Mueller and Magistrate Judge John F. Moulds for all further proceedings. New Case Number: 2:12cv2457 KJM JFM. (Manzer, C)
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Filing
145
ORDER signed by Judge Kimberly J. Mueller on 3/22/13 ORDERING that the The State Defendants' MOTION to Dismiss 88 is GRANTED as to Koehler but DENIED in all other respects; The Motion to Dismiss by Storelli and Moffitt 93 is DENIED; The Coun ty Defendants' Motion to Dismiss 94 is DENIED; Gregory's Motion to Dismiss 95 is DENIED; The SMAQMD Defendants Motion to Dismiss 97 is GRANTED; Plaintiffs amended complaint, if they wish to file one, is due within twenty-one days of the date of this order; and The Case is SET for Pretrial Scheduling Conference on 4/18/2013 at 02:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. A Joint Pretrial report is due no later than 4/11/13. (Mena-Sanchez, L)
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Filing
69
ORDER signed by Judge Kimberly J. Mueller on 3/29/12 GRANTING 42 Motion to Amend the Complaint, but the first amended complaint is DISMISSED as discussed in the body of the order; plaintiffs' second amended complaint, prepared in light of the discussion set forth above in this order, is due within 21 days of the date of this order; GRANTING 28 Motion to Dismiss and the case is STAYED upon the filing of the second amended complaint; GRANTING IN PART AND DENYING IN PART 39 Motion to Dismiss; GRANTING IN PART AND DENYING IN PART 23 Motion to Dismiss; and DENYING 38 Motion for Sanctions. (Meuleman, A)
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Filing
64
STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 06/21/11 ORDERING that the July 20, 2011scheduling conference is continued until the Court has had an opportunity to resolve the referenced outstanding motions. (Michel, G)
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Filing
41
ORDER signed by District Judge Kimberly J. Mueller on 5/9/2011 GRANTING 37 consent motion for leave to file a dispositive motion and memorandum of points and authorities in excess of the court's page limit and accepts the dfts' dispositive motion and memorandum of points and authorities filed on 4/29/2011. (Zignago, K.)
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Filing
34
STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 3/7/2011 ORDERING 29 that defendant Zachary Simmons is GRANTED until 4/29/2011 to respond to the Complaint, or 45 business days after any Amended (First) Complaint that is filed, to respond to the Amended (First) Complaint. It is agreed that, entry into this stipulation does not waive any alleged defects in service of process, any defenses or objections to the claims in plaintiffs' complaint. (Reader, L)
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