USA v. CEMEX, Inc.
Plaintiff: USA
Defendant: CEMEX, Inc.
Case Number: 1:2009cv00019
Filed: January 6, 2009
Court: US District Court for the District of Colorado
Office: Environmental Matters Office
County: Boulder
Presiding Judge: Michael E. Hegarty
Presiding Judge: Marcia S. Krieger
Nature of Suit: None
Cause of Action: U.S. Government Plaintiff
Jury Demanded By: 42:7413(b) Clean Air Act
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Date Filed Document Text
March 5, 2013 Opinion or Order Filing 200 MINUTE ENTRY for Final Pretrial Conference held before Chief Judge Marcia S. Krieger on 3/5/2013. Matters addressed and deadlines imposed are set forth in the Minutes. 188 Motion in Limine; 193 Motion in Limine are both DENIED with leave to renew. Court Reporter: Terri Lindblom. (mskcd)
October 1, 2012 Opinion or Order Filing 185 ORDER SETTING FINAL PRETRIAL CONFERENCE: Final Pretrial Conference set for 3/5/2013 at 09:00 AM in Courtroom A 901 before Judge Marcia S. Krieger. by Judge Marcia S. Krieger on 10/1/12. Text Only Entry (msksec, )
September 24, 2012 Opinion or Order Filing 184 OPINION AND ORDER DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT AND SUSTAINING OBJECTION TO ORDER OF THE MAGISTRATE JUDGE: The Governments' Motion for Partial Summary Judgment 169 is DENIED, but the Court finds no genuine dispute that CEM EX's modifications were not "routine," and thus, that the facility had not "begun normal operations" at the relevant time, such that assessment of any emissions increase resulting from the modification should consider the mod ified facility's "potential emissions". These facts shall be deemed established for purposes of trial. The Court SUSTAINS the Government's Objections 156 to the Magistrate Judge's August 11, 2011 Order (#152) and VACATES that portion of the Order that directs cost-sharing. The parties shall, within 10 days of the issuance of this order, contact chambers to set this matter for a Final Pretrial Conference and a Trial. by Judge Marcia S. Krieger on 9/24/12.(msksec, )
March 30, 2012 Opinion or Order Filing 178 OPINION AND ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR SUMMARY JUDGMENT. Defendant Cemex, Inc.'s 147 Motion to for Summary Judgment is GRANTED IN PART AND DENIED IN PART. The motion is granted to the extent that Claims One and Two are based on Title V of the CAA. The motion is otherwise denied. The parties shall, within 10 days of the issuance of this order, contact chambers to set this matter for a Final Pretrial Conference and a Trial, by Judge Marcia S. Krieger on 03/30/2012.(wjcsl, )
October 28, 2011 Opinion or Order Filing 163 MINUTE ORDER granting 161 Plaintiff United States' Unopposed Motion for Leave to Take Depositions of Defendant's Surrebbuttal (sic) Experts Beyond the Close of Expert Discovery. Plaintiff shall complete all depositions of Defendant's surrebuttal experts by 12/16/2011. By Magistrate Judge Michael E. Hegarty on 10/28/2011. (mehcd)
August 11, 2011 Opinion or Order Filing 152 ORDER granting in part and denying in part 136 CEMEX Inc.'s Motion to Strike New Expert Reports of Plaintiff's Experts Venner and Westlin and Non-Rebuttal Materials Submitted by Plaintiff's Experts Fox and Greer. Expert discovery deadline extended to and including 10/11/2011. Dispositive motions deadline extended to and including 11/14/2011. By Magistrate Judge Michael E. Hegarty on 8/11/2011. (mehcd)
August 9, 2011 Opinion or Order Filing 150 MINUTE ORDER granting 148 Defendant's Motion for Leave to Resume the Deposition of Peter Westlin Beyond the Close of Expert Discovery. Expert discovery is extended to and including 8/31/2011, for the sole purpose of completing Mr. Westlin's deposition. By Magistrate Judge Michael E. Hegarty on 8/9/2011. (mehcd)
July 15, 2011 Opinion or Order Filing 143 MINUTE ORDER denying 139 Defendant's Motion for Temporary Stay of Expert Discovery and the Dispositive Motion Deadline Pending Resolution of CEMEX's Motion to Strike Plaintiff's Expert Rebuttal Disclosures, by Magistrate Judge Michael E. Hegarty on 7/15/2011. (mehcd)
May 25, 2011 Opinion or Order Filing 134 MINUTE ORDER granting 131 Plaintiff United States of America's Unopposed Motion for Leave to Serve Rebuttal Expert Disclosures and to Modify Scheduling Order. Plaintiff's rebuttal expert disclosures due by 6/24/2011. Expert discovery due by 8/15/2011. Dispositive motions due by 8/29/2011. By Magistrate Judge Michael E. Hegarty on 5/25/2011. (mehcd)
January 27, 2011 Opinion or Order Filing 126 ORDER granting 120 Plaintiff's Motion for Leave to Take the Deposition of Royce Smith and for Expedited Briefing Schedule. Plaintiff may depose Mr. Smith for no more than two hours regarding only the factual circumstances around the injection of oxygen during the April 1998 Test, to be completed before 2/15/2011. By Magistrate Judge Michael E. Hegarty on 1/27/2011. (mehcd)
January 5, 2011 Opinion or Order Filing 123 MINUTE ORDER granting 116 Plaintiff United States of America's Uncontested Motion for Leave to Complete Certain Discovery and to Modify Scheduling Order. Plaintiff's Rule 26(a)(2) disclosures due by 3/1/2011. Defendant's Rule 26(a) (2) disclosures due by 5/10/2011. Expert discovery due by 7/30/2011. Dispositive Motions due by 7/30/2011. The parties may complete the Rule 30(b)(6) depositions of Emilio Llamozas and Boulder County. Also pending before the Court is Plaintiff� 39;s Motion for Leave to Take the Deposition of Royce Smith and for Expedited Briefing Schedule [filed 12/30/2010; docket #120]. Defendant shall respond to this motion on or before 1/17/2011. Plaintiff may reply within seven days of Defendant's response. By Magistrate Judge Michael E. Hegarty on 1/5/2011. (mehcd)
October 19, 2010 Opinion or Order Filing 114 MINUTE ORDER granting 111 the Joint Motion to Revise Scheduling Order. Fact discovery due by 12/17/2010. Plaintiff's Rule 26(a)(2) disclosures due by 1/31/2011. Defendant's Rule 26(a)(2) disclosures due by 4/11/2011. Expert discovery due by 7/1/2011. Dispositive Motions due by 7/1/2011. By Magistrate Judge Michael E. Hegarty on 10/19/2010. (mehcd)
June 28, 2010 Opinion or Order Filing 101 Courtroom Minutes/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: Telephonic Scheduling and Status Conference held on 6/28/2010, granting 98 the Joint Motion to Revise Amended Scheduling Order. Fact Discovery due by 11/17/2010. All Expert Discovery due by 6/1/2011. Dispositive Motions due by 6/1/2011. (Court Reporter FTR - C. Coomes) (mehcd)
March 31, 2010 Opinion or Order Filing 89 OPINION AND ORDER DENYING MOTION TO DISMISS: For the reasons set forth in the Order, Cemex's Motion to Dismiss 19 is DENIED. Judge Marcia S. Krieger on 3/31/10.(msksec, )
October 16, 2009 Opinion or Order Filing 79 STIPULATED AGREEMENT AND CONFIDENTIALITY ORDER REGARDING SETTLEMENT NEGOTIATIONS by Magistrate Judge Michael E. Hegarty on 10/16/2009. (wjc, )
August 17, 2009 Opinion or Order Filing 60 MINUTE ORDER withdrawing 59 Report and Recommendation, and granting 55 Renewed Joint Motion to Modify the Scheduling Order. By Magistrate Judge Michael E. Hegarty on 8/17/2009. (mehcd)
July 24, 2009 Opinion or Order Filing 50 MINUTE ORDER granting in part and denying without prejudice in part 47 Joint Motion to Revise Scheduling Order. Settlement Conference set for 8/25/2009 is VACATED and RESET to 10/23/2009 10:00 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. By Magistrate Judge Michael E. Hegarty on 7/24/2009. (mehcd) Modified on 7/28/2009 to add text without prejudice (wjc, ).
May 21, 2009 Opinion or Order Filing 43 MINUTE ORDER granting 40 Joint Motion to Vacate and Reset Settlement Conference. Settlement Conference reset for 8/25/2009 10:00 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty, by Magistrate Judge Michael E. Hegarty on 5/21/09.(gmssl, )
May 20, 2009 Opinion or Order Filing 39 Minute Entry for proceedings held before Judge Marcia S. Krieger: 32 Motion to Bifurcate is GRANTED in part and DENIED in part. Motion Hearing held on 5/20/2009. (Court Reporter Paul Zuckerman) (mskcd)
April 6, 2009 Opinion or Order Filing 25 TRIAL PREPARATION ORDER-CIVIL: Final Pretrial Conference set for 7/8/2010 at 09:00 AM in Courtroom A 901 before Judge Marcia S. Krieger. by Judge Marcia S. Krieger on 4/6/09. (msksec, )
January 27, 2009 Opinion or Order Filing 4 ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN EVIDENTIARY HEARINGS AND TRIALS: Any exhibits and depositions used during evidentiary hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and deposition s from the Court following the evidentiary hearing or trial, and shall retain same for 60 days beyond the later of the time to appeal or conclusion of any appellate proceedings. The Court will retain its copy of the exhibits for the same time period after which the documents will be destroyed. by Judge Marcia S. Krieger on 1/27/09. (mskcd)
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Plaintiff: USA
Represented By: Robert R. Homiak
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Defendant: CEMEX, Inc.
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