Uhouse et al vs Bureau of Reclamation, et al
| Alicia Uhouse, Crystal G. Zavala, James A. Slusser, David M. Hail, Mary A. Hail and Ernie E. Duarte |
| Bureau of Reclamation, Dirk Kempthorne, Truckee-Carson Irrigation District, Board of Directors of Truckee-Carson Irrigation and David P. Overvold |
| 3:2008cv00285 |
| May 23, 2008 |
| US District Court for the District of Nevada |
| Other Statutory Actions Office |
| Washoe |
| Lloyd D. George |
| Robert A. McQuaid |
| Both |
| U.S. Government Defendant |
| 05:551 Administrative Procedure Act |
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The following documents for this case are available for you to view or download:
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Filing
492
ORDER OF DISMISSAL WITH PREJUDICE - In accordance with the terms of the class action settlement approved by the Court in these related actions each and every action captioned here and each and every claim alleged in each such action is hereby DISMISSED WITH PREJUDICE, each party to bear their own costs and expenses of litigation including attorneys' fees. Signed by Judge Lloyd D. George on 4/12/2016. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
488
ORDER - Anticipating the agreed upon global settlement in this class action and the dismissal of the FTCA cases, the following motions to set trial are DENIED without prejudice:Kroshus v. United States, 3:08-cv-0246-LDG (#882)Uhouse v. Bureau of Reclamation, 3:08-0285-LDG (# 478 )Adamson v. United States, 3:08-cv-621-LDG (#457)Moore v. United States, 3:09-cv-0167-LDG (#255)Adgett v. United States Department of Interior, 3:09-cv-0649-LDG (#195)Kroshus v. United States, 3:0 9-cv-0713-LDG (#416)Adamson v. United States Department of Interior, 3:09-cv-0715-LDG (#398)Ames v. Unites States, 3:10-cv-0463-LDG (#146)Signed by Judge Lloyd D. George on 3/31/2016. (Copies have been distributed pursuant to the NEF - KR)
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Filing
487
ORDER granting 484 Motion to Approve Final Settlement, Plan of Distribution, Plaintiffs' Counsel Application for Award of Attorneys' Fees and Costs; and an Award to the Class Representatives. Signed by Judge Lloyd D. George on 3/11/16. (Copies have been distributed pursuant to the NEF - JC)
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Filing
481
THE COURT HEREBY ORDERS that the following motions are DENIED without prejudice subject to their reinstatement by the court in the due course of the aforementioned proceedings: Kroshus v. United States, 3:08-cv-0246-LDG : Plaintiffs� 39; renewal and reinstatement of motion for summary judgment on the issue of the Bureau of Reclamations level of flows through the Truckee Canal (#879) Kroshus v. United States, 3:09-cv-0713-LDG : Plaintiffs' renewal and reinst atement of motion for summary judgment regarding the level of flows through the Truckee Canal (#413) The dispositive motions involving the United States are the next matters on this court's docket. Signed by Judge Lloyd D. George on 9/30/2015. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
477
ORDER - The following motions are DENIED without prejudice subject to their reinstatement by the court in the due course of the aforementioned proceedings: Kroshus v. United States, 3:08-cv-0246-LDG Plaintiff Judy Kroshus renewal and reinstatement of motion for summaryjudgment regarding the level of flows through the Truckee Canal (#875) Moore v. United States, 3:09-cv-0167-LDG United States motion for summary judgment regarding discretionary function immunity ( #219) Adgett v. United States, 3:09-cv-0649-LDG United States motion for summary judgment regarding discretionary function immunity (#161) Kroshus v. United States, 3:09-cv-0713-LDG Plaintiffs renewal and reinstatement of motio n for summary judgment regarding the level of flows through the Truckee Canal (#409) Adamson v. United States, 3:09-cv-0715-LDG United States motion for summary judgment regarding discretionary function immunity (#170) Ames v. United States, 3:10-cv-0463-LDG United States motion for summary judgment regarding discretionary function immunity (#112) Signed by Judge Lloyd D. George on 9/26/2014. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
476
THE COURT HEREBY ORDERS that the following motions are DENIED without prejudice subject to their reinstatement by the court: Adamson v. United States , 3:08-cv-00621-LDG. United States' #25 Motion to dismiss, United States& #039; #212 Motion for summary judgment as to Ten Specific Claims, and Plaintiffs' #446 Motion to dismiss renewal and reinstatement of motions. Moore v. United States , 3:09-cv-0167-LDG. Plaintiffs' #244 Motion to dismiss United States renewal United States' renewal and reinstatement of motions. Adgett v. United States , 3:09-cv-0649-LDG. Plaintiffs' #184 Motion to dismiss United States renewal and reinstatement of motions. Adamson v. United States , 3:09-cv-0715-LDG. Plaintiffs' #387 Motion to dismiss United State' renewal and reinstatement of motions. Ames v. United States , 3:10-cv-0463-LDG. Plaintiffs' #27 Motion to convert mot ion to dismiss to motion for summary judgment, and Plaintiff's #135 Motion to dismiss United States' renewal and reinstatement of motion to dismiss. Signed by Judge Lloyd D. George on 3/31/2014. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
474
ORDER TO DISMISS Plaintiffs' Complaint and All CLaims Against TRC Engineers Inc f/k/a VPoint Engineering, Martin Ugalde, Robert Bidart, and Michael Bidart With Prejudice. Signed by Judge Lloyd D. George on 01/23/2014. (Copies have been distributed pursuant to the NEF - KR)
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Filing
473
ORDERED that the following motions are DENIED without prejudice subject to their reinstatement by the court in the due course of the aforementioned proceedings: Kroshus v. United States (Kroshus I), 3:08-cv-0246-LDG Plaintiff's motio n for summary judgment on the issue of the Bureau of Reclamations level of flows through the Truckee Canal (#857); Adamson v. United States, 3:08-cv-00621-LDG United States' motion for summary judgment regarding discretionary functio n immunity (#230); Moore v. United States, 3:09-cv-0167-LDG United States' motion for summary judgment regrading discretionary function immunity (#219); Adgett v. United States, 3:09-cv-0649-LDG United States' motion for summary judgment regrading discretionary function Immunity (#161); Kroshus v. United States (Kroshus II), 3:09-cv-0713-LDG TRC Engineers, Inc.'s, defendants' motion for summary judgment against the 58 Individuals in Kroshus II w ho are not members of the Reimers class action (#368); Adamson v. United States, 3:09-cv-0715-LDG United States' motion for summary judgment regarding discretionary function immunity (#170); Ames v. United States, 3:10-cv-046 3-LDG United States' motion for summary judgment regarding discretionary function immunity (#112); FURTHER ORDERED that, as approval of class settlement and distribution of settlement funds has been granted, the following related mo tions for approval of settlement of class action pursuant to FRCP 23(e) and distribution of settlement funds are hereby DENIED in the following cases as moot:; Kroshus v. United States (Kroshus I), 3:08-cv-0246-LDG (#848); Uhouse v. Bureau of Reclamation, 3:08-cv-0285-LDG (# 458 ); and Kroshus v. United States (Kroshus II), 3:09-cv-0713-LDG (#384). Signed by Judge Lloyd D. George on 9/27/2013. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
472
ORDER - The following motions are DENIED without prejudice subject to their reinstatement by the court in the due course of the aforementioned proceedings: Uhouse v. Bureau of Reclamation , 3:08-cv-0285-LDG : Plaintiffs' motio n to reconsider the magistrate judges order denying plaintiffs' motion to enforce settlement (# 428 ) Adamson v. United States , 3:08-cv-0621-LDG : Motion for summary judgment as to ten specific claims (#212) Moore v. Uni ted States , 3:09-cv-0167-LDG : Motion to set date for trial (#215) Adgett v. United States , 3:09-cv-0649-LDG : Motion for summary judgment as to ten specific claims (#147, and Motion to set a date for trial (#157) Adams on v. United States , 3:09-cv-0715-LDG : Motion for summary judgment as to ten specific claims (#149), and Renewed motion to dismiss claims of 168 enumerated plaintiffs as untimely (#166) Ames v. United States , 3:10-cv-0463-LDG : Motion to set a date for trial (#108) Signed by Judge Lloyd D. George on 3/27/2013. (Copies have been distributed pursuant to the NEF - DRM) Modified on 3/28/2013 to correct file date, and clarify (DRM).
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Filing
465
ORDER GRANTING MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT. (See pdf Order for specifics) Signed by Judge Lloyd D. George on 1/9/2013. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
464
ORDER APPROVING Fairness of Settlement re 456 Motion for Determination of Good Faith Settlement. Signed by Judge Lloyd D. George on 12/26/12. (Copies have been distributed pursuant to the NEF - JC)
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Filing
455
ORDER denying without prejudice 376 renewal and reinstatement of 218 Motion for Summary Judgment. Hearing re 218 motion for summary judgment set for Monday, 1/14/2013, at 9:00 a.m. Please see attached for further details. Signed by Judge Lloyd D. George on 9/28/12. (Copies have been distributed pursuant to the NEF - JC)
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Filing
386
ORDER ADOPTING 384 Notice/Special Master's Recommendation Regarding Distribution of Approved Settlement Funds. Signed by Magistrate Judge Robert A. McQuaid, Jr on 11/15/2011. (Copies have been distributed pursuant to the NEF - MLC)
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Filing
374
THE COURT HEREBY ORDERS that the United States motions for summary judgment regarding Flood Control Act immunity in Adamson v. United States (Adamson I), 3:08-cv-621-LDG-RAM (#127); Moore v. United States, 3:09-cv-167-LDG-RAM (#120); Adgett v. United States, 3:09-cv-649-LDG-RAM (#74); Adamson v. United States (Adamson II), 3:09-cv-715-LDG-RAM (#78); and Ames v. United States, 3:10-cv-463-LDG-RAM (#33) are DENIED. Signed by Judge Lloyd D. George on 9/26/2011. (Copies have been distributed pursuant to the NEF - KO)
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Filing
372
THE COURT HEREBY ORDERS: that, in Kroshus v. United States (Kroshus I), 3:08-cv-00246-LDG-RAM, defendant Lynon Countys #564 is DENIED as moot; that, in Kroshus v. United States (Kroshus II), 3:09-cv-00713-LDG-RAM, defendant L yon Countys #195 motion for summary judgment is DENIED as moot; that in Adgett v. United States, 3:09-cv-00649-LDG-RAM, the United States #69 motion to renew and reinstate that motion is DENIED as moot; that in Adgett v. Unite d States, 3:09-cv-00649-LDG-RAM the United States #71 motion to renew and reinstate that motion is DENIED as moot; that in Kroshus v. United States (Kroshus II), 3:09-cv-00713-LDG-RAM, the United States #45 motion to dismiss duplica tive claims by certain plaintiffs is hereby GRANTED;that in Adamson v. United States (Adamson II) 3:09-cv-00715-LDG-RAM, the United States #72 and #73 motions to renew those motions are DENIED as moot; that in Adamson v. United States (Adamson II) 3:09-cv-00715-LDG-RAM, the United States #75 motion to renew that motion is DENIED as moot.
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Filing
367
ORDER. THE COURT HEREBY ORDERS that the United States motion to dismiss VictoriaLopez Lasane in Adgett 20 is GRANTED, and its motion to dismiss Hayley McGrath andHazyn McGrath in Adgett 20 is DENIED as moot. THE COURT FURTHER ORDERS tha t the United States motion to dismiss duplicative claims in Adamson II 21 is GRANTED. THE COURT FURTHER ORDERS that the United States motion to dismiss plaintiffs identified as minors in Adamson I 25 is GRANTED. THE COURT FURTHER ORDERS t hat the United States motion to dismiss debtors in bankruptcy in Adamson II 23 is GRANTED as to plaintiff Jeremy Gottlieb and DENIED without prejudice as to plaintiffs James and Denise Spracklin. Signed by Judge Lloyd D. George on 8/12/2011. (Copies have been distributed pursuant to the NEF - MLC)
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Filing
366
ORDER re 365 Proposed Order Submission. IT IS ORDERED that based on the findings related to the factors the Court must consider that the settlement entered into between the Settling Class, the City of Fernley and the County of Lyon is in good faith and the Joint Motion for Good Faith Settlement is hereby granted. Signed by Magistrate Judge Robert A. McQuaid, Jr on 8/8/2011. (Copies have been distributed pursuant to the NEF - PM)
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Filing
364
ORDER re 361 Proposed Order. IT IS ORDERED that TCID DIRECTORS Motion for Determination of Good Faith Settlement is GRANTED. Signed by Magistrate Judge Robert A. McQuaid, Jr on 8/4/2011. (Copies have been distributed pursuant to the NEF - KO)
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Filing
351
ORDER Re: Mailing of Class Action Notice and Service of Class Action Notice by Publication. Pursuant to the Courts Stipulation and Order for Approval of Settlement of Class Action and Distribution of Funds filed 6/13/2011, Plaintiffs counsel shall mail notice of the class certification and proposed settlements with the approved Settlement Claim Form to class members who have not previously received such notice no later than Friday, 7/8/2011. Plaintiffs counsel shall also publish notice of the settlement in the Reno Gazette Journal and Fernley Leader for three (3) successive weeks. Objections to the proposed settlements shall be mailed to the Clerk and postmarked no later than Wednesday, 7/27/2011. See Order for specifics. ( Notice of Compliance is due by 7/27/2011.) Signed by Magistrate Judge Robert A. McQuaid, Jr on 7/7/2011. (Copies have been distributed pursuant to the NEF - MLC)
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Filing
346
ORDER ON STIPULATION re: [344 ] Stipulation. There will be a Settlement Fairness Hearing on Friday, 7/29/2011, at 10:00 AM in Department 7 at the Second Judicial District Court, Washoe County, Reno, NV. Plaintiffs counsel shall cause notic e of the hearing to be served upon all class members no later than Wednesday, 6/15/2011. Plaintiffs counsel shall cause notice of the class certification and proposed settlement to be published in the Reno Gazette Journal and Fernley Leader for thre e (3) successive weeks. Objections to the proposed settlement shall filed no later than Friday, 7/15/2011. ( Notice of Compliance is due by 7/15/2011., Miscellaneous Hearing set for 7/29/2011 10:00 AM before Magistrate Judge Robert A. McQuaid Jr.) Signed by Magistrate Judge Robert A. McQuaid, Jr on 6/13/2011. (Copies have been distributed pursuant to the NEF - MLC) Modified on 6/13/2011 to correct deadline to 6/15/2011. RE-NEF to counsel. (MLC).
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Filing
322
ORDER SHORTENING TIME FOR HEARING re 318 Emergency MOTION To Enforce Settlement Agreement with Truckee-Carson Irrigation District filed by Plaintiffs. Responses due by 5/2/2011. Replies due by 5/3/2011. Motion Hearing set for Wednesday, May 4, 2011 at 10:00 AM in Reno Courtroom 2 before Magistrate Judge Robert A. McQuaid, Jr. Counsel wishing to appear telephonically shall dial 1-888-273-3658, enter the access code 5820561, and enter the security code 18285 approximately five (5) minutes prior to the hearing. Signed by Magistrate Judge Robert A. McQuaid, Jr. on 5/2/2011. (Copies have been distributed pursuant to the NEF - HJ)
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Filing
313
ORDER. The following motions will be heard by the court on Monday, June 13, 2011, in Reno,Nevada, at 9:00 am in a courtroom to be determined and posted at a later date; and continued, ifnecessary, to Tuesday, June 14, 2011, at 9:00 am.Adamson v. Uni ted States (Adamson I), 3:08-cv-621-LDG-RAMUnited States motion to dismiss (#25) (denied without prejudice to reconsideration ofissues on summary judgment) (reinstated for purposes of this hearing)United States motion for summary judgment regarding F lood Control Act immunity(#127)Moore v. United States, 3:09-cv-167-LDG-RAMUnited States motion to dismiss (#9) (denied without prejudice to reconsideration ofissues on summary judgment) (reinstated for purposes of this hearing)United States motion fo r summary judgment regarding Flood Control Act immunity(#120)Adgett v. United States, 3:09-cv-649-LDG-RAMUnited States motion to strike jury demand (#19) (denied without prejudice toreinstatement)United States motion to dismiss duplicative claims (#2 0) (denied without prejudice toreinstatement)United States motion to dismiss (#21) (denied without prejudice to reinstatement)United States motion for summary judgment regarding Flood Control Act immunity (#74)Adamson v. United States (Adamson II), 3 :09-cv-715-LDG-RAMUnited States motion to strike jury demand (#20) (denied without prejudice toreinstatement)United States motion to dismiss duplicative claims (#21) (denied without prejudice toreinstatement)United States motion to dismiss (#23) (den ied without prejudice to reinstatement)United States motion for summary judgment regarding Flood Control Act immunity (#78)Ames v. United States, 3:10-cv-463-LDG-RAMUnited States motion to dismiss (#15)United States motion to strike claims of prejudg ement interest and attorneys fees (#17)Plaintiffs motion to convert motion to dismiss to motion for summary judgment (#27)United States motion for summary judgment regarding Flood Control Act immunity (#33) ( Motion Hearing set for 6/13/2011 09:00 AM before Judge Lloyd D. George.) Signed by Judge Lloyd D. George on 4/18/2011. (Copies have been distributed pursuant to the NEF - MLC)
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Filing
310
ORDER. The following FTCA jurisdictional and related FTCA non-Flood Control Act motions will be heard by the court at the April 18, 2011, hearing in Reno: Adamson v. United States (Adamson I), 3:08-cv-621-LDG-RAM: United States' motion to dismiss (#25) (denied without prejudice to reconsideration of issues on summary judgment) (reinstated for purposes of this hearing); Moore v. United States, 3:09-cv-167-LDG-RAM: United States' motion to dismiss (#9) (deni ed without prejudice to reconsideration of issues on summary judgment) (reinstated for purposes of this hearing); Adgett v. United States, 3:09-cv-649-LDG-RAM: United States' motion to strike jury demand (#27) (denied without preju dice to reinstatement) United States' motion to dismiss duplicative claims (#20) (denied without prejudice to reinstatement) United States' motion to dismiss (#21) (denied without prejudice to reinstatement) Adamson v. U nited States (Adamson II), 3:09-cv-715-LDG-RAM: United States' motion to strike jury demand (#20) (denied without prejudice to reinstatement) United States' motion to dismiss duplicative claims (#21) (denied without prejudice to reinstatement) United States' motion to dismiss (#23) (denied without prejudice to reinstatement) Ames v. United States, 3:10-cv-463-LDG-RAM: United States' motion to dismiss (#15) United States' motion to strike claims of prejudgement interest and attorneys fee (#17) Plaintiffs' motion to convert motion to dismiss to motion for summary judgment (#27). Signed by Judge Lloyd D. George on 4/12/2011. (Copies have been distributed pursuant to the NEF - KO)
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Filing
308
ORDER DENYING without prejudice subject to their reinstatement by the Court 218 Motion for Summary Judgment. Signed by Judge Lloyd D. George on 3/29/2011. (Copies have been distributed pursuant to the NEF - MLC)
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Filing
305
ORDER. The Court hereby ORDERS that a video conference hearing presided over by this court in Las Vegas from Courtroom 6B at the Lloyd D. George United States Courthouse to Courtroom 6 in Reno at the Bruce R. Thompson United States Courthouse and F ederal Building shall be conducted on Thursday, March 24, 2011, at 2:00 p.m. to hear arguments on the following motions:Adamson, et al. v. United States (Adamson I), 3:08-cv-621-LDG-RAM: United States' motion to strike class al legations (dkt #26) (denied without prejudice to subsequent reinstatement); Moore, et al. v. United States, 3:09-cv-167-LDG-RAM:United States' motion to strike class action allegations (dkt #10) (denied without prejudice to reco nsideration in ruling on the motion for class certification)Plaintiffs' motion for class certification (dkt #68);Adamson, et al. v. United States (Adamson II), 3:09-cv-715-LDG-RAM:United States' motion to strike class action allegations (dkt #22) (denied for case management purposes without prejudice to reinstatement). Signed by Judge Lloyd D. George on 3/16/2011. (Copies have been distributed pursuant to the NEF - KO)
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Filing
266
CONFIDENTIALITY ORDER re # 265 Stipulated Proposed Order. Signed by Magistrate Judge Robert A. McQuaid, Jr on 11/16/2010. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
258
ORDER GRANTING CLASS CERTIFICATION AND APPOINTING CLASS COUNSEL re 50 MOTION. This action is certified as a class action; Counsel for the class shall be Robert C. Maddox, Esq., Calvin R.X. Dunlap, Esq., Vernon E. Leverty, Esq., Robert R. Hager, Esq., and Lee Hotchkin, Esq. ( see pdf order for details and specifics ) Signed by Judge Lloyd D. George on 10/22/2010. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
255
ORDER that, in the interests of case management and the consolidation for oral argument of pending dispositive and consolidation motions, and pending discussion during the video conference hearing of the potential for mediation, the following motions are DENIED without prejudice to their reinstatement following the scheduling of oral argument on pending dispositive and consolidation motions: 165 Motion to Consolidate Cases denied. See Attached PDF/Image for Specifics. Signed by Judge Lloyd D. George on 9/27/10. (Copies have been distributed pursuant to the NEF - BLG)
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Filing
245
THE COURT ORDERS that a video conference hearing on TCID's 243 Motion for mediation of all claims shall be conducted on September 15, 2010 at 1:00 PM. The parties in the captioned cases shall be present in Reno, Nevada, in a Courtroom to be designated later by minute order, and Judge Lloyd D. George shall preside from Las Vegas, Nevada. ( See pdf Order for additional specifics ) Signed by Judge Lloyd D. George on 8/13/2010. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
244
ORDER APPROVING PROPOSED ORDER RE: Hearing held 08/03/2010 217 Motion for Order Providing For Clawback of Information Inadvertently Disclosed. It is recognized that the prosecution and defense of these related actions will require each party to re view and to disclose large quantities of information and documents through the discovery process. (See Order for additional specifics). Signed by Magistrate Judge Robert A. McQuaid, Jr on 08/04/2010. (Copies have been distributed pursuant to the NEF - MLC)
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Filing
133
PROTECTIVE ORDER re 131 Proposed Protective Order. See Order for details. Signed by Magistrate Judge Robert A. McQuaid, Jr. on 7/17/2009. (Copies have been distributed pursuant to the NEF - HJ)
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