Clean Water SoCal et al v. U.S. EPA, et al
| Clean Water SoCal and Central Valley Clean Water Association |
| United States Environmental Protection Agency and Tomas Torres |
| 2:2023cv01149 |
| June 16, 2023 |
| US District Court for the Eastern District of California |
| Jeremy D Peterson |
| William B Shubb |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on September 18, 2023. A more recent docket listing may be available from PACER.
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Filing 36
MEMORANDUM and ORDER signed by Senior Judge William B. Shubb on 8/7/2023 DENYING Plaintiffs' Motion for Preliminary Injunction #15 . (Kirksey Smith, K)
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| Filing 35 MINUTES (Text Only) for proceedings held before Senior Judge William B. Shubb: MOTION HEARING held on 8/7/2023 re Plaintiffs' Corrected Motion for Preliminary Injunction re EPA Approval of New Toxicity Water Quality Standards #15 . Counsel argue. MOTION SUBMITTED. The Court to issue a separate order. Plaintiffs' Counsel Monica Browner, Melissa Thorme present. Defendants' Counsel Chi Soo Kim, Alex Purpuro present. Court Reporter: Kimberly Bennett. (Kirksey Smith, K) |
| Filing 34 ANSWER by Tomas Torres, United States Environmental Protection Agency.(Purpuro, Alexander) |
| Filing 33 REPLY by Tomas Torres, United States Environmental Protection Agency re #30 Reply to Response to Motion. (Purpuro, Alexander) |
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Filing 32
ORDER signed by Senior Judge William B. Shubb on 06/29/23 GRANTING #31 Motion to File Surreply; Surreply due 07/10/23. (Benson, A.)
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| Filing 31 MOTION to FILE SUR-REPLY to #30 Plaintiffs' Reply by Tomas Torres, United States Environmental Protection Agency. (Attachments: #1 Proposed Order)(Purpuro, Alexander) Modified on 6/26/2023 (Benson, A.). |
| Filing 30 REPLY by Central Valley Clean Water Association, Clean Water SoCal to #22 Opposition. (Attachments: #1 Declaration of Brian Hamilton, #2 Request for Judicial Notice, #3 Proposed Order)(Hamilton, Brian) Modified on 6/23/2023 (Benson, A.). |
| Filing 29 MINUTE ORDER (TEXT ONLY): Pursuant to the transfer of this action from the Central District of California to this Court, the parties are hereby notified that Plaintiffs' Corrected Motion for Preliminary Injunction re EPA Approval of New Toxicity Water Quality Standards #15 is hereby reset for hearing on 8/7/2023 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. [Counsel shall be sure to familiarize themselves with the Local Rules of this District Court and Judge Shubb's case management procedures. Courtesy copies of all pending motion documents, including supporting briefs, shall be submitted directly to chambers.] (Kirksey Smith, K) |
| Filing 28 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 10/10/2023 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Consent Form, #2 VDRP) (Sant Agata, S) |
| Filing 27 CASE TRANSFERRED IN from District of California Central; Case Number 2:23-cv-03930. |
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Filing 26
MINUTES IN CHAMBERS- COURT ORDER by Judge Percy Anderson. The Court concludes that transferring this case will better serve the interests of justice and the convenience of the parties and witnesses. Transfer under 1404(a) is therefore appropriate. The Court hereby orders the Clerk to transfer this action to the Sacramento Division of the Eastern District of California for the convenience of the parties and witnesses. (SEE DOCUMENT FOR FURTHER DETAILS.) (MD JS-6. Case Terminated.) (rolm) [Transferred from cacd on 6/16/2023.]
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| Filing 25 NOTICE OF LODGING filed of Proposed Order re Response in Opposition to Motion, #22 (Attachments: #1 Proposed Order Denying Plaintiffs' Motion for Preliminary Injunction)(Purpuro, Alexander) [Transferred from cacd on 6/16/2023.] |
| Filing 24 RESPONSE filed by Plaintiffs Central Valley Clean Water Association, Clean Water SoCalto Order to Show Cause, #16 (Attachments: #1 Request for Judicial Notice, #2 Declaration of Brian Hamilton In Support of Response, #3 of Stephen Jepson in Support of Response)(Thorme, Melissa) [Transferred from cacd on 6/16/2023.] |
| Filing 23 RESPONSE filed by Defendants Tomas Torres, United States Environmental Protection Agencyto Order to Show Cause, #16 (Attachments: #1 Declaration of Chi Soo Kim, #2 Declaration of Laurie Kermish)(Purpuro, Alexander) [Transferred from cacd on 6/16/2023.] |
| Filing 22 OPPOSITION to Corrected NOTICE OF MOTION AND MOTION for Preliminary Injunction re EPA Approval of New Toxicity Water Quality Standards #15 filed by Defendants Tomas Torres, United States Environmental Protection Agency. (Attachments: #1 Declaration of Marcela von Vacano, #2 Declaration of Alexander Purpuro, #3 Declaration of Becky Mitschele)(Purpuro, Alexander) [Transferred from cacd on 6/16/2023.] |
| Filing 21 Notice of Appearance or Withdrawal of Counsel: for attorney Alexander Purpuro counsel for Defendants Tomas Torres, United States Environmental Protection Agency. Adding Alexander Purpuro as counsel of record for Tomas Torres, United States Environmental Protection Agency for the reason indicated in the G-123 Notice. Filed by Defendants Tomas Torres, United States Environmental Protection Agency. (Purpuro, Alexander) [Transferred from cacd on 6/16/2023.] |
| Filing 20 NOTICE of Appearance filed by attorney Chi Soo Kim on behalf of Defendants Tomas Torres, United States Environmental Protection Agency (Kim, Chi) [Transferred from cacd on 6/16/2023.] |
| Filing 19 PROOF OF SERVICE Executed by Plaintiff Clean Water SoCal, Central Valley Clean Water Association, upon Defendant Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Mailroom. Executed upon the Attorney Generals Office of the United States by delivering a copy to Mailroom. Executed upon the officer agency or corporation by delivering a copy to Mailroom. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. (Thorme, Melissa) [Transferred from cacd on 6/16/2023.] |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff Clean Water SoCal, Central Valley Clean Water Association, upon Defendant United States Environmental Protection Agency served on 6/1/2023, answer due 7/31/2023. Service of the Summons and Complaint were NOT executed upon the United States Attorneys Office which was NOT served. The Attorney Generals Office of the United States was NOT served. Executed upon the officer agency or corporation by delivering a copy to Cristal Veloz, Receptionist. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. (Thorme, Melissa) [Transferred from cacd on 6/16/2023.] |
| Filing 17 PROOF OF SERVICE Executed by Plaintiff Clean Water SoCal, Central Valley Clean Water Association, upon Defendant Tomas Torres served on 6/2/2023, answer due 8/1/2023. Service of the Summons and Complaint were NOT executed upon the United States Attorneys Office which was NOT served. The Attorney Generals Office of the United States was NOT served. Executed upon the officer agency or corporation by delivering a copy to Richard Childress, Docket Tech. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. (Thorme, Melissa) [Transferred from cacd on 6/16/2023.] |
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Filing 16
MINUTES IN CHAMBERS-ORDER TO SHOW CAUSE by Judge Percy Anderson. The parties are ordered to file a written response to this Order to Show Cause by no later than June 12, 2023. Failure to timely and adequately respond to this Order may result in the transfer of this action to the Eastern District without further warning. (See document for further details). (aco) [Transferred from cacd on 6/16/2023.]
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| Filing 15 Corrected NOTICE OF MOTION AND MOTION for Preliminary Injunction re EPA Approval of New Toxicity Water Quality Standards filed by Plaintiffs Central Valley Clean Water Association, Clean Water SoCal. Motion set for hearing on 7/3/2023 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum UPDATED Memorandum of Points and Authorities ISO Plaintiffs' Motion for Preliminary Injunction, #2 Supplement UPDATED Request for Judicial Notice ISO Plaintiffs' Motion for Preliminary Injunction, #3 Declaration of Debbie Mackey ISO Plaintiffs' Request for Judicial Notice, #4 Proposed Order Granting Plaintiffs' Motion for Preliminary Injunction Under F.R.C.P. 65(c)) (Thorme, Melissa) [Transferred from cacd on 6/16/2023.] |
| Filing 14 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT by Judge Percy Anderson. The hearing has been rescheduled. MOTION for Preliminary Injunction re EPA Approval of CWA Testing Method #11 is set for hearing on 7/3/2023 at 01:30 PM before Judge Percy Anderson. (kss) [Transferred from cacd on 6/16/2023.] |
| Filing 13 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION for Preliminary Injunction re EPA Approval of CWA Testing Method #11 . The following error(s) was/were found: Hearing information is missing, incorrect, or untimely. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (kss) [Transferred from cacd on 6/16/2023.] |
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Filing 12
ORDER by Judge Percy Anderson, re Stipulation to Expedite #10 . Stipulation DENIED. No showing of good cause. (kss) [Transferred from cacd on 6/16/2023.]
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| Filing 11 NOTICE OF MOTION AND MOTION for Preliminary Injunction re EPA Approval of CWA Testing Method filed by Plaintiffs Central Valley Clean Water Association, Clean Water SoCal. Motion set for hearing on 6/12/2023 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Request for Judicial Notice, #2 Memorandum of Points and Authorities, #3 Declaration in Support of Request for Judicial Notice, #4 Proposed Order Proposed Order) (Thorme, Melissa) [Transferred from cacd on 6/16/2023.] |
| Filing 10 Joint STIPULATION to Expedite Deadlines for filing Motion for Preliminary Injunction filed by Plaintiffs Central Valley Clean Water Association, Clean Water SoCal.(Thorme, Melissa) [Transferred from cacd on 6/16/2023.] |
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Filing 9
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge Percy Anderson. (SEE DOCUMENT FOR FURTHER DETAILS). (aco) [Transferred from cacd on 6/16/2023.]
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| Filing 8 60 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Tomas Torres, United States Environmental Protection Agency. (lh) [Transferred from cacd on 6/16/2023.] |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) [Transferred from cacd on 6/16/2023.] |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) [Transferred from cacd on 6/16/2023.] |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Margo A. Rocconi. (lh) [Transferred from cacd on 6/16/2023.] |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 , Certificate/Notice of Interested Parties #3 , Civil Cover Sheet (CV-71) #2 filed by Plaintiffs Central Valley Clean Water Association, Clean Water SoCal. (Thorme, Melissa) [Transferred from cacd on 6/16/2023.] |
| Filing 3 CERTIFICATE of Interested Parties filed by Plaintiffs All Plaintiffs, (Thorme, Melissa) [Transferred from cacd on 6/16/2023.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Central Valley Clean Water Association, Clean Water SoCal. (Thorme, Melissa) [Transferred from cacd on 6/16/2023.] |
| Filing 1 COMPLAINT Fee Exemption in accordance with statute, filed by Plaintiffs Clean Water SoCal, Central Valley Clean Water Association. (Attorney Melissa A Thorme added to party Central Valley Clean Water Association(pty:pla), Attorney Melissa A Thorme added to party Clean Water SoCal(pty:pla))(Thorme, Melissa) [Transferred from cacd on 6/16/2023.] |
| FILING FEE PAID for new civil case. Receipt No. ACACDC-35357730 for $402 filing fee. (Thorme, Melissa) [Transferred from cacd on 6/16/2023.] |
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