Nemec v. Environmental Resource Recovery, Inc. et al
| Steven J. Nemec |
| Environmental Resource Recovery, Inc., MICHAEL G SALINAS, Jeff Hermle, Salvador Ortega, Alfonso Valencia, Doug Solinsky, Fairfield Residential Co. and FRH Management, LLC |
| 5:2021cv10095 |
| December 31, 2021 |
| US District Court for the Northern District of California |
| Susan van Keulen |
| Environmental Matters |
| 33 U.S.C. § 1319 Pollutants & Permit Violations |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 23, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 51 Minute Entry for proceedings held before Magistrate Judge Susan van Keulen: Order to Show Cause Hearing held on 8/23/2022 via Zoom.The Court ordered the case dismissed; clerk to close case.Digital Recording Time: Zoom 1:46-1:49pm (3 mins). Plaintiff Attorney not present; Plaintiff Steven Nemec present. Defendant Attorney: Ryan Newnan for Linda Keny. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Date Filed: 8/23/2022) |
| Filing 50 NOTICE of Voluntary Dismissal without prejudice of all parties and causes per FRCivP, Rule 41(a) by Steven J. Nemec (Liberty, Louis) (Filed on 8/23/2022) |
| #Electronic filing error. Incorrect event used. [err101]This filing will not be processed by the clerks office.Please re-file in its entirety. File as "Notice of Voluntary Dis missal" under Civil Events--Other Filings--Notices Re: #49 MOTION to Dismiss without prejudice, all parties & causes per FRCiv.P R.41(a)(1) filed by Steven J. Nemec (msr, COURT STAFF) (Filed on 8/23/2022) |
| Filing 49 MOTION to Dismiss without prejudice, all parties & causes per FRCiv.P R.41(a)(1) filed by Steven J. Nemec. Responses due by 8/23/2022. Replies due by 8/30/2022. (Liberty, Louis) (Filed on 8/22/2022) |
| Filing 48 CLERKS NOTICE CORRECTING TIME OF ORDER TO SHOW CAUSE HEARING.The Order to Show Cause Hearing on 8/23/22 is at 1:30PM and will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/svkGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.u scourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Filed on 8/19/2022) |
| Filing 47 CLERKS NOTICE SETTING ZOOM HEARING.The Order to Show Cause Hearing on 8/23/22 at 10:00 AM will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/svk General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, record ing, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.u scourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Filed on 8/17/2022) |
Filing 46
ORDER TO SHOW CAUSE RE FAILURE TO PROSECUTE. Order to Show Cause Hearing set for 8/23/2022 at 1:30 PM. Dismissal or Show Cause Response due by 8/16/2022. Signed by Judge Susan van Keulen on 8/8/2022. (svklc2, COURT STAFF) (Filed on 8/8/2022)
|
|
Filing 45
ORDER by Judge Susan van Keulen Granting #25 Motion to Dismiss with Leave to Amend; Granting #42 Administrative Motion to File Under Seal; and Granting #44 Administrative Motion to File Under Seal. (svklc2, COURT STAFF) (Filed on 7/14/2022)
|
| Filing 44 Administrative Motion to File Under Seal filed by Steven J. Nemec. (Attachments: #1 Exhibit 27-1 Exhibit A (Only) Redacted, #2 Exhibit 27-1 Exhibits complete with "A" Redacted, #3 Proposed Order)(Liberty, Louis) (Filed on 6/12/2022) |
| Filing 43 NOTICE by Steven J. Nemec re #41 Order - Copy of Filed Petition for Northern District Bar Admission with ECF acknowledgment of filing/fees paid (Liberty, Louis) (Filed on 6/12/2022) |
| Filing 42 Administrative Motion to File Under Seal Confidential Information filed by Environmental Resource Recovery, Inc., Jeff Hermle, Salvador Ortega, MICHAEL G SALINAS, Alfonso Valencia. (Attachments: #1 Declaration, #2 Exhibit Unredacted Exhibit, #3 Exhibit Redacted Document, #4 Proposed Order)(Keny, Linda) (Filed on 6/10/2022) |
|
Filing 41
ORDER DIRECTING PLAINTIFF'S COUNSEL TO SEEK ADMISSION OR ASSOCIATE COUNSEL. (svklc2, COURT STAFF) (Filed on 6/9/2022)
|
|
Filing 40
Order Re Filing of Confidential Information on Public Docket. Motions to seal due by 12 PM on Monday, June 13, 2022. (svklc2, COURT STAFF) (Filed on 6/9/2022)
|
| Filing 39 CLERK'S NOTICE VACATING 4/12/22 INITIAL CASE MANAGEMENT CONFERENCE.The Initial Case Management Conference on 4/12/22 at 9:30AM is off calendar; to be reset following the Court's ruling on the Motion to Dismiss #25 . (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Filed on 4/7/2022) |
| Filing 38 SEPARATE CASE MANAGEMENT STATEMENT filed by Steven J. Nemec. (Liberty, Louis) (Filed on 4/5/2022) Modified on 4/6/2022 (kmg, COURT STAFF). |
| Filing 37 SEPARATE CASE MANAGEMENT STATEMENT Separate Case Management Statement filed by Environmental Resource Recovery, Inc., Jeff Hermle, Salvador Ortega, MICHAEL G SALINAS, Alfonso Valencia. (Keny, Linda) (Filed on 4/5/2022) Modified on 4/6/2022 (kmg, COURT STAFF). |
| Filing 36 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Plaintiff Steven Nemec (Liberty, Louis) (Filed on 4/2/2022) |
| Filing 35 CLERK'S NOTICE VACATING 4/12/22 MOTION HEARING.The Motion #25 Hearing on 4/12/22 at 10:00AM is off calendar. The Court will re-set if necessary. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Filed on 3/30/2022) |
| Filing 34 REPLY (re #25 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's First Amended Complaint ) filed byEnvironmental Resource Recovery, Inc., Jeff Hermle, Salvador Ortega, MICHAEL G SALINAS, Alfonso Valencia. (Attachments: #1 Declaration Declaration of Lisa Saenz ISO Reply, #2 Declaration Declaration of Aaron Bettencourt ISO Reply, #3 Certificate/Proof of Service Certificate of Service)(Keny, Linda) (Filed on 3/29/2022) |
|
Filing 33
ORDER Approving #31 Stipulation for Dismissal with Prejudice. Signed by Judge Susan van Keulen on 3/28/2022. (svklc2, COURT STAFF) (Filed on 3/28/2022)
|
| Filing 32 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Keny, Linda) (Filed on 3/28/2022) |
| Filing 31 STIPULATION for Dismissal with Prejudice of Defendants Fairfield Residential; FRH Management, LLC; and, Doug Solinsky ONLY filed by Steven J. Nemec. (Liberty, Louis) (Filed on 3/25/2022) |
| Filing 30 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options CERTIFICATE OF SERVICE OF ADR CERTIFICATION (Cardenas, Allison) (Filed on 3/25/2022) |
| Filing 29 NOTICE by Fairfield Residential Co. , FRH Management, LLC, and Doug Solinsky of No Opposition filed by Plaintiff in response to Motion to Dismiss Plaintiff's First Amended Complaint (Cardenas, Allison) (Filed on 3/24/2022) |
| Filing 28 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 3/23/2022) |
| Filing 27 OPPOSITION/RESPONSE (re #26 First MOTION to Dismiss Plaintiff's Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(6), #25 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's First Amended Complaint ) filed bySteven J. Nemec. (Attachments: #1 Exhibit in support of opposition)(Liberty, Louis) (Filed on 3/22/2022) |
| Filing 26 NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS COMPLAINT PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(6) filed by Fairfield Residential Co.. Motion Hearing set for 4/5/2022 10:00 AM in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. Responses due by 3/22/2022. Replies due by 3/29/2022. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order, #3 Declaration)(Cardenas, Allison) (Filed on 3/8/2022) Modified on 3/9/2022 (kmg, COURT STAFF). |
| Filing 25 NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT AND TO DECLINE SUPPLEMENTAL JURISDICTION filed by Environmental Resource Recovery, Inc., Jeff Hermle, Salvador Ortega, MICHAEL G SALINAS, Alfonso Valencia. Motion Hearing set for 4/12/2022 10:00 AM in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. Responses due by 3/22/2022. Replies due by 3/29/2022. (Attachments: #1 Declaration Saenz Decl ISO Motion to Dismiss, #2 Declaration Bettencourt Decl ISO Motion to Dismiss, #3 Declaration Hermle Decl ISO Motion to Dismiss, #4 Exhibit Request for Judicial Notice, #5 Proposed Order Proposed Order Re: Motion to Dismiss, #6 Certificate/Proof of Service Cert of Service)(Keny, Linda) (Filed on 3/8/2022) Modified on 3/9/2022 (kmg, COURT STAFF). |
| Filing 24 CLERK'S NOTICE CONTINUING 4/5/22 INITIAL CASE MANAGEMENT CONFERENCE TO 4/12/22. Initial Case Management Conference set for 4/12/2022 09:30 AM in San Jose, - Videoconference Only. This proceeding will be held via a Zoom webinar.Case Management Statement due by 4/5/2022.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/sv k General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. Ther e is no document associated with this entry.)(jhf, COURT STAFF) (Filed on 3/1/2022) |
|
Filing 23
ORDER FINDING DEFENDANTS ENVIRONMENTAL RESOURCE RECOVERY, INC., HERMLE, ORTEGA, SALINAS, AND VALENCIA'S MOTION TO DISMISS #12 , MOTION FOR MORE DEFINITE STATEMENT #14 , AND MOTION TO STRIKE #15 MOOT AND CLARIFYING DEADLINE FOR RESPONDING TO THE FIRST AMENDED COMPLAINT. Signed by Judge Susan van Keulen on 2/23/2022. (svklc2, COURT STAFF) (Filed on 2/23/2022)
|
| Filing 22 FIRST AMENDED COMPLAINT against All Defendants. Filed by Steven J. Nemec. (Attachments: #1 Exhibit Attachments to First Amended Complaint)(Liberty, Louis) (Filed on 2/22/2022) Modified on 2/23/2022 (kmg, COURT STAFF). |
| Filing 21 THIRD JOINT STIPULATION FOR EXTENSION OF TIME TO FILE RESPONSIVE PLEADING TO COMPLAINT re #18 Stipulation, #3 Complaint, filed by FRH Management, LLC, Fairfield Residential Co., Doug Solinsky. (Lordan, Joseph) (Filed on 2/22/2022) Modified on 2/23/2022 (kmg, COURT STAFF). |
| Filing 20 REPLY (re #12 MOTION to Dismiss for Lack of Jurisdiction , #14 MOTION for More Definite Statement , #15 MOTION to Strike ) filed by Environmental Resource Recovery, Inc., Jeff Hermle, Salvador Ortega, MICHAEL G SALINAS, Alfonso Valencia. (Keny, Linda) (Filed on 2/22/2022) Modified on 2/23/2022 (kmg, COURT STAFF). |
|
Filing 19
ORDER re #18 Approving Second Joint Stipulation for Extension of Time to File Responsive Pleading to Complaint. (svklc2, COURT STAFF) (Filed on 2/16/2022)
|
| Filing 18 SECOND JOINT STIPULATION FOR EXTENSION OF TIME TO FILE RESPONSIVE PLEADING TO COMPLAINT re #10 filed by FRH Management, LLC, Fairfield Residential Co., Doug Solinsky. (Lordan, Joseph) (Filed on 2/15/2022) Modified on 2/16/2022 (kmg, COURT STAFF). |
| Filing 17 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by FRH Management, LLC, Fairfield Residential Co., Doug Solinsky.. (Lordan, Joseph) (Filed on 2/8/2022) |
| Filing 16 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Environmental Resource Recovery, Inc., Jeff Hermle, Salvador Ortega, MICHAEL G SALINAS.. (Keny, Linda) (Filed on 1/31/2022) |
| Filing 15 MOTION to Strike filed by Environmental Resource Recovery, Inc., Jeff Hermle, Salvador Ortega, MICHAEL G SALINAS. Motion Hearing set for 3/15/2022 10:00 AM in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. Responses due by 2/14/2022. Replies due by 2/22/2022. (Attachments: #1 Proposed Order Proposed Order for Motion to Strike, #2 Cert of Service)(Keny, Linda) (Filed on 1/31/2022) |
| Filing 14 MOTION for More Definite Statement filed by Environmental Resource Recovery, Inc., Jeff Hermle, Salvador Ortega, MICHAEL G SALINAS. Motion Hearing set for 3/15/2022 10:00 AM before Magistrate Judge Susan van Keulen. Responses due by 2/14/2022. Replies due by 2/22/2022. (Attachments: #1 Proposed Order Proposed Order for More Definite Statement, #2 Certificate/Proof of Service Certificate of Service)(Keny, Linda) (Filed on 1/31/2022) |
| Filing 13 CLERK'S NOTICE Re: Consent or Declination: Defendants Environmental Resource Recovery, Inc., Jeff Hermle, Salvador Ortega, MICHAEL G SALINAS shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 2/7/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Filed on 1/31/2022) |
| Filing 12 NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS COMPLAINT AND TO DECLINE SUPPLEMENTAL JURISDICTION filed by Environmental Resource Recovery, Inc., Jeff Hermle, Salvador Ortega, MICHAEL G SALINAS. Motion Hearing set for 3/15/2022 10:00 AM in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. Responses due by 2/14/2022. Replies due by 2/22/2022. (Attachments: #1 Declaration Hermle Decl ISO Motion to Dismiss, #2 Declaration Saenz Decl ISO Motion to Dismiss, #3 Exhibit RJN ISO Motion to Dismiss, #4 Proposed Order Proposed Order Re Motion to Dismiss, #5 Certificate/Proof of Service Certificate of Service)(Keny, Linda) (Filed on 1/31/2022) |
| Filing 11 CLERK'S NOTICE Re: Consent or Declination: Defendants FRH Management, LLC, Fairfield Residential Co., Doug Solinsky shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 2/9/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Filed on 1/26/2022) |
| Filing 10 STIPULATION re #3 Complaint, JOINT STIPULATION FOR EXTENSION OF TIME TO FILE RESPONSIVE PLEADING TO VERIFIED COMPLAINT filed by FRH Management, LLC, Fairfield Residential Co., Doug Solinsky. (Lordan, Joseph) (Filed on 1/26/2022) |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Steven J. Nemec.. (Liberty, Louis) (Filed on 1/9/2022) |
| Filing 8 CLERK'S NOTICE Re: Consent or Declination: Plaintiff Steven J. Nemec shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 1/20/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Filed on 1/6/2022) |
| Filing 7 Summons Issued as to Environmental Resource Recovery, Inc., FRH Management, LLC, Fairfield Residential Co., Jeff Hermle, Salvador Ortega, MICHAEL G SALINAS, Doug Solinsky, Alfonso Valencia. (ecg, COURT STAFF) (Filed on 1/4/2022) |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/29/2022. Initial Case Management Conference set for 4/5/2022 09:30 AM in San Jose, Courtroom 6, 4th Floor. (kmg, COURT STAFF) (Filed on 1/4/2022) |
| Filing 5 Case assigned to Magistrate Judge Susan van Keulen. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 1/18/2022. (as, COURT STAFF) (Filed on 1/3/2022) |
| Filing 4 Civil Cover Sheet by Steven J. Nemec . (Liberty, Louis) (Filed on 1/3/2022) |
| #Electronic filing error. Civil Cover Sheet missing. No judge assignment will be made until the document is e-filed. Submit your document using Civil Events > Other Filings > Other Documents > Civil Cover SheetThis filing will not be processed by the clerks office. Re: #3 Complaint, filed by Steven J. Nemec (as, COURT STAFF) (Filed on 1/3/2022) |
| Filing 3 COMPLAINT for damages and injunctive relief against All Defendants ( Filing fee $ 402, receipt number ACANDC-16762142.). Filed bySteven J. Nemec. (Attachments: #1 Supplement Mailed 60-day notices)(Liberty, Louis) (Filed on 12/31/2021) |
| Filing 2 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Steven J. Nemec.. (Liberty, Louis) (Filed on 12/31/2021) |
| Filing 1 Proposed Summons. (Liberty, Louis) (Filed on 12/31/2021) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
