United States of America v. Sweeney et al
Plaintiff: United States of America
Defendant: John Donnelly Sweeney and Point Buckler Club, LLC
Case Number: 2:2017cv00112
Filed: January 18, 2017
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Solano
Presiding Judge: Edmund F. Brennan
Presiding Judge: Morrison C. England
Nature of Suit: Environmental Matters
Cause of Action: 33 U.S.C. ยง 1319 Clean Water Act
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
December 15, 2023 Opinion or Order Filing 265 STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 12/15/2023 EXTENDING time for the United States to respond to Defendants' filing to 1/26/2024 with Defendants reply, if any, due 02/09/24; and VACATING the 1/26/2023 hearing and RESCHEDULING the Motion Hearing to 2/16/2024 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Clemente Licea, O)
December 12, 2023 Opinion or Order Filing 264 STIPULATION and ORDER signed by Magistrate Judge Jeremy D. Peterson on 12/11/2023 ORDERING that Defendants shall have through and including 12/29/2023 to file their response to the United States' submission dated 10/13/2023. (Mena-Sanchez, L)
August 3, 2023 Opinion or Order Filing 252 ORDER signed by Magistrate Judge Jeremy D. Peterson on 8/3/2023 ORDERING by no later than 10/13/2023, the government shall file a supplement to its proposed restoration plan that includes the information set forth above and discussed at the 7/27/2023 status conference. Defendants are granted until 12/15/2023, to file a response to the government's submission. The government is granted until 1/31/2024, to reply to defendants' response, if any. (Cannarozzi, N)
April 10, 2023 Opinion or Order Filing 241 ORDER signed by Chief District Judge Kimberly J. Mueller on 04/07/23 ORDERING this action is NOT STAYED and case REMAINS REFERRED to Judge Peterson, as explained in the court's 223 prior order. (Benson, A.)
February 16, 2023 Opinion or Order Filing 230 ORDER signed by Chief District Judge Kimberly J. Mueller on 2/15/2023 DENYING defendants' motion to the extent, they seek dismissal due to the state court judgments and DENIES their request to transfer the case to a different judge. The court ot herwise STAYS defendants' motion 216 , until this court resolves the referral to Magistrate Judge Peterson, such as by adopting or declining to adopt F & R's. Within 14 days of this court's resolution of Magistrate Judge Peterson's F & R's, the parties are directed to file a Joint Status Report addressing whether further briefing on the motion for reconsideration is needed.(Reader, L)
January 26, 2023 Opinion or Order Filing 223 ORDER signed by Chief District Judge Kimberly J. Mueller on 01/25/2023 DIRECTING the Parties to Meet and Confer to Clarify their respective positions about whether further action is needed. Joint status report due within 21 days and this matter is REFERRED to Magistrate Judge Peterson. (Spichka, K.)
December 9, 2022 Opinion or Order Filing 210 ORDER signed by Chief District Judge Kimberly J. Mueller on 12/8/22 DIRECTING the defendants to develop a Restoration Plan to rehabilitate Point Buckler Island's tidal channels and march wetlands as contained in the order. This order resolves ECF No. 189 . (Kastilahn, A)
September 1, 2020 Opinion or Order Filing 180 ORDER and JUDGMENT signed by Chief District Judge Kimberly J. Mueller on 9/1/2020 in favor of United States of America against defendants John Donnelly Sweeney and Point Buckler Club, LLC DECLARING as follows: Defendant Sweeney has violated and r emains in violation of the Clean Water Act, 33 U.S.C. §§ 1311 and 1344; Defendant Point Buckler Club, LLC, has also violated and remains in violation of the Clean Water Act; Appropriate relief for defendants' Clean Water Act violations will be provided through the remedy to be ordered following a second phase of proceedings; and that Defendants' violations of the Clean Water Act are very serious, in that their construction of a nearly mile-long levee on Point Buckler Island r esulted in the loss of approximately 30 acres of tidal channels and marsh and their chemical, physical, and biological functioning. Any civil penalty award is held in abeyance pending the resolution of the government's request for amandatory injunction to implement restoration of Point Buckler Island and defendants' completion of that restoration. (Coll, A)
August 8, 2019 Opinion or Order Filing 167 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 8/7/2019 APPROVING 166 Stipulation. The United States (and Defendants) may obtain a transcript of United States' expert witness Daniel Leistra-Jones's 6/5/2019 s ealed courtroom trial testimony. The Court also approves the following portion of the parties' prior stipulation: "Transcripts of [sealed] testimony taken... will be separated from transcripts of public testimony and kept confidential , i.e. disclosed only to the Court, its staff, the Parties, and those associated and other persons identified in the pretrial confidentiality order, paragraphs 4 and 5, ECF No. 29, 8/8/2017." ECF no. 113 at 6:3-6. (cc: Sac. Court Reporters.) (York, M)
July 3, 2019 Opinion or Order Filing 165 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 7/3/19 APPROVING 163 Stipulation for Extension of Submittal Deadlines. Opening Submittals extended to August 23, 2019. Responsive Submittals extended to October 9, 2019. (Kaminski, H)
May 21, 2019 Opinion or Order Filing 141 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 5/20/19 APPROVING 136 Stipulation. (Coll, A)
May 17, 2019 Opinion or Order Filing 135 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 5/17/19 GRANTING defendants until 5/18/19 to file any objections to the direct testimony expert declarations for Bruce Herbold and Daniel Martel. (Coll, A)
February 27, 2019 Opinion or Order Filing 108 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 2/26/2019 ORDERING Joint Pretrial Statement due 3/25/2019. Final Pretrial Conference CONTINUED to 4/19/2019 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Zignago, K.)
December 21, 2018 Opinion or Order Filing 99 STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 12/21/18 ORDERING that Judge Newman may, on or before 1/10/19, conduct informal discovery conferences and resolve discovery disputes arising from the privilege log provided by the Regional Board in response to Defendants subpoena. (Kastilahn, A)
December 14, 2018 Opinion or Order Filing 95 ORDER signed by Magistrate Judge Kendall J. Newman on 12/14/18 ORDERING that BCDC shall produce to defendants the single page of notes prepared by BCDC staff member Maggie Webber regarding a meeting on 12/08/15 (referenced in the parties' 93 joint letter brief). (Benson, A.)
December 5, 2018 Opinion or Order Filing 92 PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 12/5/18. Pursuant to the terms of the Stipulation, the Court hereby vacates the hearing on Defendants' Motion to Compel Discovery from BCDC and BCDC's Motion for Protective Order, currently scheduled for December 6, 2018, at 10:00 a.m. (Kaminski, H)
November 28, 2018 Opinion or Order Filing 80 STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 11/28/18 ORDERING that the joint statement associated with Defendants' motion to compel 68 is now due November 30, 2018, to the extent that the filing of a joint statement remains necessary in light of the court's November 27, 2018 order. (Kaminski, H)
November 27, 2018 Opinion or Order Filing 79 ORDER signed by Magistrate Judge Kendall J. Newman on 11/27/18 ORDERING that the parties shall promptly meet and confer regarding the extent to which the order moots the pending formal discovery motions presently set for hearing on December 6, 2018, and/or whether those motions can be withdrawn, without prejudice to raising specific issues with the court at a later juncture by the informal telephonic conference mechanism. (Kaminski, H)
August 6, 2018 Opinion or Order Filing 62 STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 08/06/18 ORDERING that information previously limited to "for attorneys' eyes only" shall include persons within the scope of the Court's prior 08/08/17 29 Order regarding Confidential Financial Information. (Benson, A.)
April 12, 2018 Opinion or Order Filing 53 STIPULATION and ORDER TO AMEND SCHEDULE signed by District Judge Kimberly J. Mueller on 4/11/18. Any joinder of parties or amendments to the pleadings shall be filed by 7/19/2018. The parties shall provide opening expert reports by 7/27/18. The par ties shall provide responsive expert reports by 9/25/18. All discovery (fact or expert) shall conclude by 12/20/2018. All dispositive Motions, except Motions for continuances, temporary restraining orders or other emergency applications, shall be heard no later than 2/22/2019. Except as provided in Paragraphs 1-6 above, the Scheduling Order remains in effect. (Mena-Sanchez, L)
March 6, 2018 Opinion or Order Filing 50 ORDER signed by District Judge Kimberly J. Mueller on 3/5/2018 ORDERING The Scheduling Order is hereby AMENDED such that any joinder of parties or amendments to the pleadings shall be filed by 4/16/2018; No additional joinder or amendments to pleadings will be permitted without leave of court. (Reader, L)
December 18, 2017 Opinion or Order Filing 44 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 12/18/17: The Scheduling Order is hereby amended such that any joinder of parties or amendments to the pleadings shall be filed by March 1, 2018. No additional joinder or amendments to pleadings will be permitted without leave of court, good cause having been shown. (Kaminski, H)
December 6, 2017 Opinion or Order Filing 38 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 12/6/2017 EXTENDING the deadline for joining parties or amending the pleadings to 1/1/2018. (Hunt, G)
August 8, 2017 Opinion or Order Filing 29 ORDER RE: CONFIDENTIAL FINANCIAL INFORMATION signed by Magistrate Judge Kendall J. Newman on 8/8/2017. (Michel, G.)
July 5, 2017 Opinion or Order Filing 21 STIPULATION and ORDER re PRIVILEGE AND WORK PRODUCT LOGS signed by District Judge Kimberly J. Mueller on 6/30/17. (Kaminski, H)
June 29, 2017 Opinion or Order Filing 20 STATUS (PRETRIAL SCHEDULING) ORDER signed by District Judge Kimberly J. Mueller on 6/29/17, ORDERING that any joinder of parties or amendments to the pleadings shall be filed by 12/1/2017. Initial disclosures as required by Federal Rule of Civil Proc edure 26(a) shall have been completed by 6/8/2017. All Discovery shall be completed by 8/15/2018. Designation of Expert Witnesses due by 6/8/2018 and rebuttal disclosures due by 7/27/2018. All expert discovery shall be completed by 9/10/2018. All dispositive motions, except motions for continuances, temporary restrainingorders or other emergency applications, shall be heard no later than 11/16/2018. A mid-litigation Status Conference is SET for 10/25/2018 at 2:30 p.m. in Courtroom No. 3, 15t h Floor. The Final Pretrial Conference is set for 4/5/2019 at 10:00 a.m., with a joint pretrial conference statement due by 3/15/2019. The Bench Trial is SET for 5/20/2019 at 09:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller, with trial briefs due by 5/6/2019. A Settlement Conference is SET for 10/17/2017 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.(Kastilahn, A)
June 21, 2017 Opinion or Order Filing 18 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 6/21/2017 re: Federal Rule of Evidence 502. (Donati, J)
February 6, 2017 Opinion or Order Filing 7 RELATED CASE ORDER signed by District Judge Kimberly J. Mueller on 02/03/17 ORDERING that this case be RELATED to case number 2:16-cv-2972 KJM KJN and that this related case be REASSIGNED to District Judge Kimberly J. Mueller and Magistrate Judge Ken dall J. Newman for all further proceedings; any dates currently set in this case are VACATED. District Judge Morrison C. England, Jr. and Magistrate Judge Edmund F. Brennan are no longer assigned to case. The case number on all future filings shall be: 2:17-cv-0112 KJM KJN. (cc: MCE,EFB). (Benson, A)
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Defendant: John Donnelly Sweeney
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Defendant: Point Buckler Club, LLC
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Plaintiff: United States of America
Represented By: Rochelle L. Russell, GOVT
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