Nevada Irrigation District v. Sobeck, et al.
| Nevada Irrigation District |
| Tam M Doduc, EILEEN SOBECK, California State Water Resources Control Board, Dorene D'Adamo, LAUREL FIRESTONE, SEAN MAGUIRE and Board Chair E, Joaquin Esquivel |
| 2:2021cv00851 |
| May 11, 2021 |
| US District Court for the Eastern District of California |
| Carolyn K Delaney |
| John A Mendez |
| Other Statutory Actions |
| 33 U.S.C. § 1319 |
| None |
Docket Report
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| Filing 32 JOINT STATUS REPORT by Nevada Irrigation District. (Mandell-Rice, Jenna) |
| Filing 31 JOINT RESPONSE by Nevada Irrigation District to 29 Minute Order. (Mandell-Rice, Jenna) Modified on 6/8/2021 (Mena-Sanchez, L). |
Filing 30
RELATED CASE ORDER signed by District Judge John A. Mendez on 5/24/2021 RELATING cases 2:21-CV-00851 JAM-CKD and 2:21-CV-00861 WBS-KJN. (Tupolo, A)
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| Filing 29 MINUTE ORDER: On May 17, 2021, Plaintiff filed a notice of related cases asking the Court to relate this action to Yuba County Water Agency v. Sobeck, et al., 2:21-cv-00861-WBS-KJN. See ECF No. #27 . The Court agrees that these actions are related and will issue a separate order relating the two. However, a review of the complaint at ECF No. #1 suggests that this case might also be related to another action pending in this district, USA v. State Water Resources Control Board, 2:19-cv-00547-DAD-EPG, based on the definition of "related case" in Local Rule 123(a). Accordingly, the parties are directed to review Local Rule 123, and consistent with counsel's duties under Local Rule 123(b), if the parties believe these two pending actions are related, the parties shall file a notice of related cases no later than June 7, 2021. In addition, because it appears to the Court that these actions are related, if the parties believe they are not, each party shall file a brief explaining their reasons why reassignment of this case to the same district judge is not likely to effect a savings of judicial effort and other economies. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.) |
| Filing 28 CERTIFICATE of SERVICE by Nevada Irrigation District. (Attachments: #1 Appendix A)(McBride, Michael) |
| Filing 27 NOTICE of RELATED CASE(S) 2:21-cv-00861-WBS by Nevada Irrigation District. (McBride, Michael) |
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Filing 26
PRO HAC VICE ORDER signed by District Judge John A. Mendez on 5/12/2021 ADDING Attorney Ani M. Esenyan, PHV for Nevada Irrigation District. (Tupolo, A)
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Filing 25
PRO HAC VICE ORDER signed by District Judge John A. Mendez on 5/12/2021 ADDING Attorney Jenna Mandell-Rice, PHV for Nevada Irrigation District.(Tupolo, A)
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Filing 24
PRO HAC VICE ORDER signed by District Judge John A. Mendez on 5/12/2021 ADDING Attorney Michael A. Swiger, PHV for Nevada Irrigation District. (Tupolo, A)
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Filing 23
PRO HAC VICE ORDER signed by District Judge John A. Mendez on 5/12/2021 ADDING Attorney Michael F. McBride, PHV for Nevada Irrigation District. (Tupolo, A)
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| Filing 22 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Nevada Irrigation District for attorney Ani M. Esenyan to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9598047) (Attachments: #1 Certificate of Good Standing)(Zagon, Brian) |
| Filing 21 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Nevada Irrigation District for attorney Jenna R. Mandell-Rice to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9598032) (Attachments: #1 Certificate of Good Standing)(Zagon, Brian) |
| Filing 20 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Nevada Irrigation District for attorney Michael A. Swiger to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9598027) (Attachments: #1 Certificate of Good Standing)(Zagon, Brian) |
| Filing 19 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Nevada Irrigation District for attorney Michael F. McBride to appear Pro Hac Vice. Attorney Zagon, Brian L. added. (Filing fee $ 225, receipt number 0972-9598001) (Attachments: #1 Certificate of Good Standing)(Zagon, Brian) |
| Filing 18 CLERK'S NOTICE directing Attorney, Julia Kathryn Forgie, NACED to submit Petition to Practice in the Eastern District of California. (Lundstrom, T) |
| Filing 17 CIVIL NEW CASE DOCUMENTS ISSUED. (Attachments: #1 Consent Form, #2 Order re Filing Requirements, #3 VDRP) (Lundstrom, T) |
| Filing 16 CASE TRANSFERRED IN from District of District of Columbia; Case Number 1:20-cv-03523. |
| SERVICE BY MAIL: #18 Notice, #17 Civil New Case Documents for JAM served on Julia Kathryn Forgie NACED. (Lundstrom, T) |
| Set/Reset Deadlines: Transfer due by 5/9/2021. (hmc) [Transferred from dcd on 5/11/2021.] |
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Filing 15
MEMORANDUM ORDER. It is hereby ORDERED that the Clerk of Court shall TRANSFER this matter to the United States District Court for the Eastern District of California. It is further ORDERED that the Clerk of Court shall close this case. See attached Order for details. Signed by Judge Trevor N. McFadden on 4/29/2021. (lctnm1) [Transferred from dcd on 5/11/2021.]
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| Filing 14 REPLY to opposition to motion re 8 MOTION to Dismiss for Lack of Jurisdiction MOTION to Transfer Case MOTION to Stay and Memorandum in Support filed by CALIFORNIA STATE WATER RESOURCES CONTROL BOARD, DORENE D'ADAMO, TAM M. DODUC, E. JOAQUIN ESQUIVEL, LAUREL FIRESTONE, SEAN MAGUIRE, EILEEN SOBECK. (Forgie, Julia) [Transferred from dcd on 5/11/2021.] |
| Filing 13 RESPONSE re 8 MOTION to Dismiss for Lack of Jurisdiction MOTION to Transfer Case MOTION to Stay and Memorandum in Support filed by NEVADA IRRIGATION DISTRICT. (Attachments: # 1 Exhibit 6, # 2 Certificate of Service)(McBride, Michael) [Transferred from dcd on 5/11/2021.] |
| Set/Reset Deadlines: Plaintiff's response to Defendants' Motion to Transfer due by 2/26/2021. Defendants' reply due by 3/5/2021. (hmc) [Transferred from dcd on 5/11/2021.] |
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MINUTE ORDER. Upon consideration of Defendants' 12 Motion for Modification of Scheduling Order, the Court hereby modifies the briefing schedule ordered on February 11, 2021. On or before February 26, 2021, Plaintiff shall respond to Defendants' Motion to Transfer this case to the Eastern District of California. See Defendants' 8 Motion to Dismiss, Transfer, or Stay at 22-27. Defendants' shall file any Reply to Plaintiff's response by March 5, 2021. Briefing on all other issues shall be held in abeyance pending further order of the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/13/2021. (lctnm1) [Transferred from dcd on 5/11/2021.]
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| Filing 12 MOTION for Modification of Scheduling Order to Stay Plaintiff's Motion for Partial Summary Judgment by CALIFORNIA STATE WATER RESOURCES CONTROL BOARD, DORENE D'ADAMO, TAM M. DODUC, E. JOAQUIN ESQUIVEL, LAUREL FIRESTONE, SEAN MAGUIRE, EILEEN SOBECK. (Attachments: # 1 Text of Proposed Order)(Forgie, Julia) Modified relief on 2/17/2021 (znmw). [Transferred from dcd on 5/11/2021.] |
| Filing 11 NOTICE of Appearance by Julia Kathryn Forgie on behalf of All Defendants (Forgie, Julia) (Main Document 11 replaced on 2/11/2021) (zeg). [Transferred from dcd on 5/11/2021.] |
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MINUTE ORDER. Plaintiff's 10 Motion for Partial Summary Judgment is hereby DENIED without prejudice. On or before February 22, 2021, Plaintiff shall file a combined motion for partial summary judgment and response to Defendants' 8 Motion to Dismiss. On or before March 8, 2021, Defendants shall file a combined reply in support of their motion to dismiss and opposition to Plaintiff's motion. On or before March 22, 2021, Plaintiff shall file its reply, if any, in support of its motion for partial summary judgment. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/11/2021. (lctnm1) [Transferred from dcd on 5/11/2021.]
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| Set/Reset Deadlines: Plaintiff's combined motion for partial summary judgment and response to Defendants' motion to dismiss due by 2/22/2021. Defendants' combined reply and opposition due by 3/8/2021. Plaintiff's reply due by 3/22/2021. (hmc) [Transferred from dcd on 5/11/2021.] |
| Filing 10 MOTION for Partial Summary Judgment by NEVADA IRRIGATION DISTRICT. (Attachments: # 1 Exhibit 5, # 2 Statement of Points and Authorities, # 3 Statement of Facts Statement of Material Facts Not in Genuine Dispute, # 4 Declaration Declaration of Greg Jones, # 5 Text of Proposed Order, # 6 Certificate of Service)(McBride, Michael) [Transferred from dcd on 5/11/2021.] |
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MINUTE ORDER granting Defendants' 9 Unopposed Motion for Relief from the Requirements of Local Civil Rule 7(n). Unless otherwise ordered by the Court, Defendants need not file a certified list of the contents of the administrative record. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/9/2021. (lctnm1) [Transferred from dcd on 5/11/2021.]
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| Filing 9 MOTION for Relief from Local Civil Rule 7(n) re 8 MOTION to Dismiss for Lack of Jurisdiction MOTION to Change Venue MOTION to Stay and Memorandum in Support by CALIFORNIA STATE WATER RESOURCES CONTROL BOARD, DORENE D'ADAMO, TAM M. DODUC, E. JOAQUIN ESQUIVEL, LAUREL FIRESTONE, SEAN MAGUIRE, EILEEN SOBECK. (Levitan, Adam) [Transferred from dcd on 5/11/2021.] |
| Filing 8 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Transfer Case , MOTION to Stay and Memorandum in Support by CALIFORNIA STATE WATER RESOURCES CONTROL BOARD, DORENE D'ADAMO, TAM M. DODUC, E. JOAQUIN ESQUIVEL, LAUREL FIRESTONE, SEAN MAGUIRE, EILEEN SOBECK. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Levitan, Adam) Modified relief on 2/10/2021 (znmw). [Transferred from dcd on 5/11/2021.] |
| Set/Reset Deadlines: Defendants' response due by 2/8/2021. (hmc) [Transferred from dcd on 5/11/2021.] |
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MINUTE ORDER. Counsel for all of the Defendants has signed a Waiver of Service. See 7 Request for Waiver of Service. As a result, Plaintiff has successfully submitted proof of service of process. Defendants' response to Plaintiff's 1 Complaint is due on or before February 8, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/5/2021. (lctnm1). [Transferred from dcd on 5/11/2021.]
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| Set/Reset Deadlines: Plaintiff's proof of service due by 3/4/2021. (hmc) [Transferred from dcd on 5/11/2021.] |
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MINUTE ORDER. Plaintiff filed the Complaint in this action on December 4, 2020. As of the date of this Order, the public docket reflects that Plaintiff has yet to file proof of service for all Defendants. The Court directs Plaintiff's attention to Federal Rule of Civil Procedure 4(m) and Local Civil Rule 5.3. It is hereby ORDERED that, by no later than March 4, 2021, Plaintiff must either cause process to be served upon each Defendant and file proof of service with the Court or establish good cause for the failure to do so. Failure to make such filings will result in dismissal of this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/3/2021. (lctnm1) [Transferred from dcd on 5/11/2021.]
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| Filing 7 REQUEST FOR WAIVER of Service sent to Eileen Sobeck, E. Joaquin Esquivel, Dorene DAdamo, Tam M. Doduc, Sean Maguire, Laurel Firestone, California State Water Resources Control Board. on December 14, 2020. by NEVADA IRRIGATION DISTRICT. (View Docket Entry 6 to view document). (eg) [Transferred from dcd on 5/11/2021.] |
| Filing 6 NOTICE of a Lawsuit and Request to Waive Service of Summons by NEVADA IRRIGATION DISTRICT (McBride, Michael) [Transferred from dcd on 5/11/2021.] |
| Filing 5 AFFIDAVIT of Service by NEVADA IRRIGATION DISTRICT. (Attachments: # 1 Exhibit A)(McBride, Michael) [Transferred from dcd on 5/11/2021.] |
| Filing 4 AFFIDAVIT of Service by NEVADA IRRIGATION DISTRICT. (Attachments: # 1 Exhibit A)(McBride, Michael) [Transferred from dcd on 5/11/2021.] |
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Filing 3
STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 12/4/2020. (lctnm1) [Transferred from dcd on 5/11/2021.]
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| Filing 2 SUMMONS (7) Issued Electronically as to CALIFORNIA STATE WATER RESOURCES CONTROL BOARD, DORENE D'ADAMO, TAM M. DODUC, E. JOAQUIN ESQUIVEL, LAUREL FIRESTONE, SEAN MAGUIRE, EILEEN SOBECK. (Attachment: # 1 Notice and Consent)(adh, ) [Transferred from dcd on 5/11/2021.] |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number BDCDC-7916736) filed by NEVADA IRRIGATION DISTRICT. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet, # 6 Notice of Related Case, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons)(McBride, Michael) [Transferred from dcd on 5/11/2021.] |
| Case Assigned to Judge Trevor N. McFadden. (adh, ) [Transferred from dcd on 5/11/2021.] |
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