USA v. Government of Guam
| USA |
| Government of Guam |
| Gershman Brickner & Bratton, Inc. |
| 1:2002cv00022 |
| July 15, 2009 |
| US District Court for the District of Guam |
| Hagatna Office |
| Frances M. Tydingco-Gatewood |
| Environmental Matters |
| 33 U.S.C. ยง 1319 Clean Water Act |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
1736
Order DENYING 1716 Emergency Motion for Stay Pending Appellate Review. Because Morrico has indicated it will seek a stay with the appellate court, in order to allow for an orderly emergency motion practice before the Ninth Circuit, the court direc ts the Receiver to delay the awarding of the new invitation for bid until April 28, 2017. If a stay is not ordered by the Ninth Circuit Court of Appeals by said date, the Receiver is directed to proceed with the procurement process and awarding of co ntract so as not to further delay obtaining the cab forward refuse trucks that are critical to the safety needs of GSWA and the public, as well as the operations of GSWA and its ability to expeditiously achieve compliance with the Consent Decree. Signed by Chief Judge Frances M. Tydingco-Gatewood on 4/7/2017. (fad, )
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Filing
1653
Order denying 1641 Motion for Reconsideration filed by HCP, Inc. dba Lagu Sanitation. Lagu shall immediately comply with the terms of the Settlement Agreement and the Orders of this court by immediately remitting the past due amounts owed to GSWA. (related document(s): 1596 Motion for Clarification). Signed by Chief Judge Frances M. Tydingco-Gatewood on 1/22/2016. (fad, )
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Filing
1582
Order re Financing Post-Closure Care for the Ordot Dump. Signed by Chief Judge Frances M. Tydingco-Gatewood on 5/27/2015. (related document(s): 1416 Government of Guam's Financing Plan).(fad, )
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Filing
1243
Order re 1177 Motion to Stay and for Further Relief. The court grants the Lieutenant Governor's request to fully substitute the Attorney General with the Cabot Mantanona law firm based on a breakdown in the attorney-client relationship. How ever, after weighing the competing factors, the court finds that a stay of these proceedings is unwarranted. The court finds the following motions to be moot: 1184 Motion to Shorten Time on Motion to Stay and for Further Relief; 1191 Emergency M otion for an Order Granting a Temporary Stay of Procurement While the Government's Motion to Stay and for Further Relief is Pending; 1199 Motion for Clarification of Order Setting Expedited Briefing; and 1234 Request for an Order on Motion to Stay and for Further Relief. Signed by Chief Judge Frances M. Tydingco-Gatewood on 10/29/2013. (fad, )
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Filing
1189
Order re 1155 Motion for Clarification of July 1, 2013 Order. No clarification is necessary since the court has repeatedly held that the Receiver is not the client of the Attorney General. In the present case, the Motion for Clarification does n ot present the court with enough facts for the court to conclude that the attorney-client privilege is applicable to shield the disclosure of the information sought by the Governor's Office. Accordingly, the court believes that further briefing is needed on this issue. Attorney General's supplemental brief due by 9/27/2013. Responses to supplemental brief due by 10/11/2013. Attorney General's reply due by 10/18/2013. Signed by Chief Judge Frances M. Tydingco-Gatewood on 9/18/2013. (fad, )
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Filing
1164
Order denying 1031 Motion to Intervene; granting in part 1034 Request for Judicial Notice; granting in part 1096 Request for Judicial Notice. Signed by Chief Judge Frances M. Tydingco-Gatewood on 8/21/2013. (fad, )
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Filing
1157
Order denying 1075 Motion for Reconsideration. Signed by Chief Judge Frances M. Tydingco-Gatewood on 8/13/2013. (fad, )
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Filing
464
Order. DPW ordered to file progress reports every two weeks commencing 8/1/2009 regarding the Partula radiolata and its efforts in addressing the situation. The Plaintiff and U.S. Fish and Wildlife ordered to assist DPW regarding the Part ula radiolata. Guam EPA directed to file a request detailing its budgetary need for additional funds in order to work on specific Consent Decree Projects by 12:00 noon, 7/29/2009. GovGuam shall use its best efforts to execute a Letter of Intent with the military by close of business 7/17/2009. GBB permitted to establish appropriate interim residential collection fees as set forth in its July 2009 quarterly report. Next status hearing set for 10/21/2009 09:00 AM in 4th Floor Courtroom bef ore Chief Judge Frances M. Tydingco-Gatewood for presentation of the Receiver's next Quarterly report. All parties previously ordered to attend the 7/15/2009 status hearing are required to attend the 10/21/2009 status hearing. Signed by Chief Judge Frances M. Tydingco-Gatewood on 7/15/2009. (fad, ) **Modified on 7/16/2009 to edit docket text.** (jlm)
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Filing
372
Order To Show Cause. The court hereby orders counsel for the Government of Guam to show cause why the Government of Guam should not be held in contempt for its failure to make the first court-ordered payment on March 2, 2009. Counsel shall file its brief by March 10, 2009, and the United States shall file its brief by March 17, 2009. The United States shall provide this court, no later than March 17, 2009, with an accounting of: (1) penalties accrued as of March 2, 2009; and (2) the amount of the Government of Guam has paid in fines since the inception of the case. The court notes that Ms. Perez, the Director of Guam Department of Administration has identified $1 million from Government of Guam funds that are available for payment. The court orders Ms. Perez to retain those funds and to continue to identify and retain any future amounts owed under the court-ordered schedule of payments until further order of this court. (related document(s): 359 Order Re: Cash Payments). Signed by Chief Judge Frances M. Tydingco-Gatewood on 3/3/2009. (fad, )
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Filing
357
Order. IT IS HEREBY ORDERED that GEPA shall use its best attempts to secure funding for a technical consultant to work only on the Layon project to ensure the permitting process complies with the court approved deadlines. In the event that GEPA is un able to secure funding for a technical consultant for this specific project, the Government of Guam shall immediately file a motion to this court requesting the use of the monies held in trust by Citibank, N.A. Such motion shall be filed with a decl aration specifying the reasons GEPA was unable to obtain funding for a technical consultant, and the best efforts GEPA had made to secure funding. IT IS HEREBY ORDERED that GEPA shall use all its available resources to ensure compliance with each de adline set forth in Guam EPAs Permitting Process Activities (GEPA Permitting Schedule). The court finds that, in light of the history of this case, GEPA must submit monthly reports as to the progress being made in the permitting process for the Layo n landfill. IT IS HEREBY ORDERED that the Government of Guam shall file monthly reports on the first working day of each month (from March 2, 2009 to August 3, 2009), to document GEPAs progress on the solid waste permitting for the landfill at Layon. The filing of these reports, however, shall not excuse GEPA from meeting the deadlines in the GEPA Permitting Schedule. Finally, to prevent current progress from being stymied by further delay, IT IS FURTHER ORDERED that USEPA or GEPA, or both, shall immediately file notice to this court of any occurrence that would render GEPA unable to comply with any deadline set forth in the GEPA Permitting Schedule. Signed by Chief Judge Frances M. Tydingco-Gatewood on 2/12/2009. (fad, )
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Filing
330
Order. The Government of Guam shall file its Response to GBB's proposed payment schedule by 12:00 noon, 1/22/2009. The Government of Guam shall include in its Response any alternative means of financing the Consent Decree projects it believes viable. GEPA and USEPA shall submit a joint report by 2/4/2009 outlining the permitting process for the Solid Waste Management Facility at Layon to meet the timetable. GEPA and USEPA shall advise the court if any assistance from the court or GBB is required. Signed by Chief Judge Frances M. Tydingco-Gatewood on 1/14/2009. (fad, )
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Filing
272
Order Re: Consent Decree Timetable, Financing Options, Guam Land Use Commission. The court HEREBY ORDERS compliance with the timetable as set forth in the October 22, 2008 Quarterly Report. Additionally, the court HEREBY ORDERS: 1. That the Guam Leg islature and Governor work cooperatively with GBB in timely choosing a financing option for the Consent Decree projects, and shall file with the court a status report indicating the selected financing option by 12:00 noon, 12/1/2008; 2. That the Gove rnment of Guam deposit $20 million to a trustee to be subsequently designated by GBB and approved by the court by 1/5/2009; 3. That the GLUC promptly make a determination as to the re-zoning petition. (related document(s): 269 Quarterly Report filed by Gershman Brickner & Bratton, Inc., 55 Consent Decree). Signed by Chief Judge Frances M. Tydingco-Gatewood on 10/22/2008. (fad, ) **Modified on 10/22/2008 to edit docket text to add relation to document no. 269 and remove relation to docket no. 270** (fad, ).
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