USA v. State of California et al
| United States of America |
| State of California, Edmund G. Brown, Jr. and California State Lands Commission |
| 2:2018cv00721 |
| April 2, 2018 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Deborah Barnes |
| William B. Shubb |
| Constitutionality of State Statutes |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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| Filing 29 JUDGMENT dated *11/1/2018* in favor of Plaintiff against Defendants pursuant to order signed by Senior Judge William B. Shubb on 11/1/2018. (Donati, J) |
Filing 28
ORDER signed by Senior Judge William B. Shubb on 11/1/2018 GRANTING 20 Motion for Summary Judgment and DENYING 24 Cross-Motion for Summary Judgment.The court DECLARES that SB 50 is unconstitutional because it violates the doctrine of intergovernmental immunity, and PERMANENTLY ENJOINS defendants from enforcing SB 50. CASE CLOSED. (Donati, J)
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| Filing 27 MINUTES (Text Only) for proceedings before Senior Judge William B. Shubb: MOTION HEARING held on 10/29/2018 re 20 Plaintiff's Motion for Summary Judgment and 24 Defendants' Motion for Summary Judgment. Counsel argue. MOTIONS SUBMITTED. The Court shall prepare and issue a separate order. Plaintiff's Counsel Eric Grant, David Shelledy present. Defendants' Counsel John Killeen, Andrew Vogel present. Court Reporter: Jennifer Coulthard. (Kirksey Smith, K) |
| Filing 26 REPLY by California State Lands Commission, State of California to response to 24 Cross-Motion for Summary Judgment; Motion to Exclude. (Attachments: # 1 Response to USA's Response to State Defendants' Statement of Undisputed Facts in Support of Cross-Motion for Summary Judgment)(Killeen, John) |
| Filing 25 REPLY by United States of America to response to 24 Cross-Motion for Summary Judgment; Motion to Exclude, 20 Motion for Summary Judgment. (Attachments: # 1 Concordance and Response re Undisputed Facts, # 2 Declaration of Stacy R. Stoller, # 3 Response to Defendants' Objections to Evidence, # 4 Opposition to Defendants' Motion to Exclude)(Grant, Eric) |
| Filing 24 CROSS-MOTION FOR SUMMARY JUDGMENT by California State Lands Commission, State of California. Motion Hearing set for 10/29/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: # 1 Opposition to 20 Motion for Summary Judgment and in Support of Cross-Motion, # 2 Statement of Undisputed Facts, # 3 Declaration of Lucchesi, # 4 Declaration of Killeen, # 5 Request for Judicial Notice, # 6 Index of Exhibits, # 7 Response to Statement of Undisputed Facts, # 8 Objections to Evidence, # 9 MOTION to EXCLUDE Declaration of Hufford)(Killeen, John) Modified on 9/18/2018 (Kastilahn, A). |
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Filing 23
STIPULATION AND ORDER signed by Senior Judge William B. Shubb on 9/4/2018 ORDERING Defendants' Memorandum in Opposition/Cross-Motion due by 9/17/2018; United States' Memorandum in Opposition/Reply Memorandum by 10/12/2018; Defendants' Reply Memorandum due by 10/16/2018; and the motion hearing set for 10/29/2018 (unchanged). (Reader, L)
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| Filing 22 STIPULATION and PROPOSED ORDER for Modifying Briefing Schedule for Cross-Motions for Summary Judgment by Edmund G. Brown, Jr, California State Lands Commission, State of California. (Killeen, John) |
| Filing 21 NOTICE of Erratum by United States of America re 20 Motion for Summary Judgment. (Grant, Eric) |
| Filing 20 MOTION FOR SUMMARY JUDGMENT by United States of America. Motion Hearing SET for 10/29/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: # 1 Statement of Undisputed Facts, # 2 Declaration of Peter McVeigh and Exhibits 1 to 37), # 3 (Exhibits 38 to 57), # 4 (Exhibits 58 to 90), # 5 Declaration of David Blatstein (TEOAF), # 6 Declaration of Janet Eubanks (BLM Realty), # 7 Declaration of David Haase (GSA), # 8 Declaration of Sandra Lew (USDA FS), # 9 Declaration of Joseph D. Lowe (USPS), # 10 Declaration of Wesley Newbold (USMS), # 11 Declaration of Lisa M. Ng (ACE), # 12 Declaration of James V. Scrivner (BLM Minerals), # 13 Declaration of David Siegenthaler (DOI-NPS FLPP), # 14 Declaration of Scott W. Springer (BOR), # 15 Declaration of Nicholas Hufford (Expert))(Grant, Eric) Modified on 8/17/2018 (Mena-Sanchez, L). |
| Filing 19 NOTICE of APPEARANCE by Justin Heminger, GOV on behalf of United States of America. (Heminger, Justin) |
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Filing 18
STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Deborah Barnes on 8/8/18. (Mena-Sanchez, L)
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Filing 17
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 08/02/18 ORDERING following revised briefing schedule and hearing date: U.S.' Motion for Summary Judgment: 08/16/18; Defendants' Opposition/Cross-Motion: 09/13/18; U.S. Opposition/Reply: 10/09/18; Defendants' Reply: 10/16/18; Hearing: 10/29/18. (Benson, A.)
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| Filing 16 STIPULATION and PROPOSED ORDER for Modifying 14 Briefing Schedule and Hearing Date for Cross-Motions for Summary Judgment by United States of America. (McVeigh, Peter) Modified on 8/2/2018 (Benson, A.). |
| Filing 15 STIPULATION and PROPOSED ORDER for Protective Order by Edmund G. Brown, Jr, California State Lands Commission, State of California. (Killeen, John) |
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Filing 14
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 07/12/18 ORDERING that the 08/13/18 Status Conference is VACATED and setting the following briefing schedule and hearing date for cross-motions for summary judgment: U.S.' Motion for Summary Judgment: 08/13/18; Defendants' Opposition/Cross-Motion: 09/04/18; U.S. Opposition/Reply: 09/24/18; Defendants' Reply: 10/01/18; Hearing: 10/15/18. (Benson, A.)
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| Filing 13 STIPULATION and PROPOSED ORDER for Briefing Schedule by United States of America. (McVeigh-GOVT, Peter) |
| Filing 12 JOINT STATUS REPORT by United States of America. (McVeigh-GOVT, Peter) |
| Filing 11 NOTICE of APPEARANCE by Stacy Robbin Stoller on behalf of United States of America. Attorney Stoller, Stacy Robbin added. (Stoller, Stacy) |
| Filing 10 NOTICE of APPEARANCE by Peter James McVeigh-GOVT on behalf of United States of America. Attorney McVeigh-GOVT, Peter James added. (McVeigh-GOVT, Peter) |
| Filing 9 NOTICE of APPEARANCE by Andrew Marc Vogel on behalf of Edmund G. Brown, Jr, California State Lands Commission, State of California. Attorney Vogel, Andrew Marc added. (Vogel, Andrew) |
| Filing 8 ANSWER by Edmund G. Brown, Jr, California State Lands Commission, State of California.(Killeen, John) |
| Filing 7 STIPULATION Dismissing Defendant Edmund G. Brown, Jr., Without Prejudice by Edmund G. Brown, Jr, California State Lands Commission, State of California. (Killeen, John) |
| Filing 6 STIPULATION Extending Time for Defendants to Respond to the Complaint by Edmund G. Brown, Jr, California State Lands Commission, State of California. Attorney Killeen, John William added. (Killeen, John) |
| Filing 5 SUMMONS RETURNED EXECUTED: State of California, Edmund G. Brown, Jr., California State Lands Commission served 4/3/2018. (Grant, Eric) Modified on 4/9/2018 (Zignago, K.). |
| Filing 4 AMENDED SUMMONS ISSUED as to *Edmund G. Brown, Jr, California State Lands Commission, State of California* with answer to complaint due within *21* days. Attorney *Eric Grant* *Environment and Natural Resources Division, U.S. Dept of Justice* *950 Pennsylvania Avenue, N.W., Room 2611* *Washington, DC 20530*. (Kastilahn, A) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference SET for 8/13/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: # 1 Consent Form, # 2 VDRP) (Kastilahn, A) |
| Filing 2 (DISREGARD and Refer To 4 Amended Summons Issued) SUMMONS ISSUED as to *Edmund G. Brown, Jr., California State Lands Commission, State of California* with answer to complaint due within *60* days. Attorney *Eric Grant* *Environment and Natural Resources Division, U.S. Dept of Justice* *950 Pennsylvania Avenue, N.W., Room 2611* *Washington, DC 20530*. (Kastilahn, A) Modified on 4/2/2018 (Kastilahn, A). |
| Filing 1 COMPLAINT against All Defendants by United States of America. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Civil Cover Sheet)(Grant, Eric) |
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