Duarte Nursery Inc. et al v. United States Army Corps of Engineers et al
| Duarte Nursery Inc. and John Duarte |
| United States Army Corps of Engineers, Karl E Longley, Jennifer Lester Moffitt, Jon Costantino, Sandra O. Meraz, Carmen Ramirez, Robert Schneider and Pamela Creedon |
| 2:2013cv02095 |
| October 10, 2013 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Stanislaus |
| Dale A. Drozd |
| Lawrence K. Karlton |
| Other Civil Rights |
| 33 U.S.C. ยง 1319 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
329
ORDER signed by District Judge Kimberly J. Mueller on 8/10/2017 GRANTING 228 , 231 , 235 Motions in Limine; GRANTING IN PART, DENYING IN PART 230 Motion in Limine. (Michel, G.)
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Filing
289
ORDER signed by District Judge Kimberly J. Mueller on 6/22/17 ORDERING that Duarte's MOTION to STAY 269 is DENIED. (Mena-Sanchez, L)
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Filing
267
ORDER signed by District Judge Kimberly J. Mueller on 3/23/17 ORDERING that Plaintiffs' 196 motions for reconsideration and for certification of interlocutory appeal are DENIED. (Becknal, R)
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266
ORDER signed by District Judge Kimberly J. Mueller on 1/30/2017 DENYING Plaintiff's 221 Motion to Modify the Scheduling Order and to Amend the Answer; and DENYING AS MOOT Plaintiff's 223 Motion to Stay. (Jackson, T)
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Filing
246
RELATED CASE ORDER signed by District Judge Kimberly J. Mueller on 8/16/16 ORDERING that CIV No. 2:16-cv-01498-WBS-CMK is REASSIGNED from Senior United States District Judge William B. Shubb to the undersigned and from Magistrate Judge Craig M. Kelli son to Magistrate Judge Deborah Barnes. The caption on documents filed in the REASSIGNED case shall be shown as: CIV 2:16-cv-01498-KJM DB. It is further ORDERED that the Clerk of the Court make appropriate adjustment in the assignment of civil cases to compensate for this reassignment.(Mena-Sanchez, L)
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Filing
222
STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 7/28/16 ORDERING the pretrial conference, which was previously set for 8/26/16 at 10:00 A.M. and is now reset for 9/2/16 at 10:00 A.M.; the Joint Pretrial Statement and the Motions in limine are due to be filed no later than 8/5/16; Responses are due to be filed no later than 8/15/16; (Optional) replies are due to be filed no later than 8/19/16.(Becknal, R)
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Filing
199
ORDER granting 197 Motion to Shorten Time signed by District Judge Kimberly J. Mueller on 6/20/16: HEARING as to 196 Motion for Reconsideration RESET for 7/1/2016 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. Joint pretrial statement due date is CONTINUED to July 29, 2016. Final Pretrial Conference RESET for 8/12/2016 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. The Bench Trial previously set for July 25, 2016 is VACATED to be reset at the Final Pretrial Conference. (Kaminski, H)
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Filing
195
ORDER signed by District Judge Kimberly J. Mueller on 6/10/2016 GRANTING the United States' Motion for Summary Judgment on the plaintiffs' Due Process claims and on its CWA counterclaim; GRANTING the United States' Motion to Dismiss the plaintiffs' retaliatory prosecution claim WITHOUT LEAVE TO AMEND. (Michel, G.)
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Filing
188
STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 5/3/2016 ORDERING the parties to file their Joint Pretrial Conference Statement by 6/10/2016; CONTINUING the Final Pretrial Conference to 6/30/2016 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller; CONFIRMING the Bench Trial set for 7/25/2016. (Michel, G.)
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186
STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 4/14/2016 ORDERING that the Joint Pretrial Conference Statement previously due 4/28/2016, is now due 5/11/2016. (Zignago, K.)
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Filing
162
ORDER signed by Judge Kimberly J. Mueller on 11/13/2015 ORDERING that the government's 101 motion to withdraw deemed admissions is GRANTED and plaintiffs' 103 request for sanctions is DENIED. (Zignago, K.)
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106
STIPULATION and ORDER 102 allowing Duarte Nursery and United States to file 3 Motions for Summary Judgment by 10/23/2015 signed by Judge Kimberly J. Mueller on 10/16/2015. Here, the Court is prepared to accept parties' representation that thre e separate Briefs will allow for more clear presentation of issues and separate briefing is not a method by which to avoid Court's limitation on page-length. At the same time, Court is not persuaded that parties require additional pages, over and above what is allowed for anyone Brief. Thus, for each Brief up to a total of three briefs, Courts standing order "plac[ing] a page limit for Dispositive Motions of 20 pages on all initial moving papers," REMAIN IN EFFECT. (Marciel, M)
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Filing
89
ORDER signed by Judge Kimberly J. Mueller on 9/2/2015 GRANTING 80 Motion for Leave to Amend the Complaint; DIRECTING the Clerk of Court to file the second amended complaint, attached to the plaintiffs' motion, on the docket. (Michel, G.)
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Filing
74
STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Dale A. Drozd on 5/15/15. (Manzer, C) Modified on 5/18/2015 (Manzer, C).
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Filing
63
ORDER signed by Judge Kimberly J. Mueller on 3/23/15 ORDERING that The United States' motion to dismiss the first, second, and fifth claims as moot is DENIED. The United States' motion to dismiss the sixth claim for failure to state a claim is GRANTED with leave to amend. Plaintiffs are directed to file any second amended complaint consistent with this order within 21 days of the filed date of this order. (Kastilahn, A)
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Filing
58
STIPULATION and ORDER REGARDING DISCOVERY PROCEDURE signed by Magistrate Judge Dale A. Drozd on 1/29/15 re: 57 . (Meuleman, A)
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Filing
40
ORDER signed by Judge Lawrence K. Karlton on 8/6/2014 ORDERING 34 Plaintiffs' Motion to file first supplemental complaint; without prejudice to the United States' right to answer or otherwise respond to the first supplemental complaint, the unopposed motion is GRANTED. Further, the motion hearing noticed for 8/11/2014 is VACATED. (Reader, L)
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Filing
38
STIPULATION AND ORDER signed by Judge Lawrence K. Karlton on 7/8/2014 ORDERING the defendant to respond to the 34 Motion to file a First Supplemental Complaint by 7/24/2014; CONTINUING the Motion Hearing on the 34 Motion to file a First Supplemental Complaint to 8/11/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Michel, G)
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Filing
31
STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 6/2/2014 ORDERING 30 Status Conference Reset for 9/22/2014 at 01:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton; Status Reports due 14 days prior to conference. (Reader, L)
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Filing
27
ORDER signed by Judge Lawrence K. Karlton on 4/22/14 ORDERING that The Corps' MOTION to DISMISS for lack of federal jurisdiction 10 is DENIED; The Corps' MOTION to DISMISS for failure to state a claim is DENIED; and The State Defendants& #039; MOTION to DISMISS for lack of federal jurisdiction, 9 is GRANTED. This lawsuit is DISMISSED without prejudice, as to Defendants Longley, Moffitt, Constantino, Meraz, Ramirez, Schneider and Creedon, because the matter is not yet ripe for judicial review. (Mena-Sanchez, L)
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Filing
24
STIPULATION AND ORDER signed by Judge Lawrence K. Karlton on 3/24/2014 CONTINUING the Status Conference to 6/23/2014 at 01:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton; ORDERING the parties to file further status reports fourteen days prior to that date. (Michel, G)
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Filing
14
ORDER signed by Judge Lawrence K. Karlton on 1/8/13: Initial Scheduling Conference RESET for 3/24/2014 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Kaminski, H)
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