State of Nevada v. United States et al
| Nevada, State of |
| United States, Rick Perry, National Nuclear Security Administration, Lisa E. Gordon and United States Department of Energy |
| State of South Carolina |
| 3:2018cv00569 |
| November 30, 2018 |
| US District Court for the District of Nevada |
| Carla Baldwin Carry |
| Miranda M Du |
| Environmental Matters |
| 05 U.S.C. § 702 |
| None |
Docket Report
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This docket was last retrieved on June 29, 2020. A more recent docket listing may be available from PACER.
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| Filing 132 REPLY to Response to #126 Motion to Amend/Correct by Plaintiff Nevada, State of. (Smith, Jordan) |
| Filing 131 RESPONSE to #126 Motion to Amend/Correct by Defendants Lisa E. Gordon, National Nuclear Security Administration, Rick Perry, United States, United States Department of Energy. Replies due by 9/27/2019. (Negri, David) |
Filing 130
ORDER granting ECF No. #127 Stipulation Regarding Reinstated Motions. See order pdf for specifics. Signed by Chief Judge Miranda M. Du on 9/3/2019. (Copies have been distributed pursuant to the NEF - LH)
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| Filing 129 MOTION to Reinstate Countermotion for Leave to Conduct Discovery re #108 Motion by Plaintiff Nevada, State of. Responses due by 9/17/2019. (Smith, Jordan) |
| Filing 128 NOTICE of Docket Correction to #125 Motion to Amend/Correct, : Counsel filed (ECF No. #125 ) in error as one document. Refiled as (ECF No. #126 ) with the amended complaint as an attachment. (no image attached) (LE) |
| Filing 127 STIPULATION Regarding Reinstated Motions re #120 Motion to Extend/Shorten Time, #92 Motion for Protective Order, #93 Motion to Dismiss by Plaintiff Nevada, State of. (Smith, Jordan) |
| Filing 126 MOTION to Amend/Correct #1 Complaint,,,,, by Plaintiff Nevada, State of. Responses due by 9/13/2019. (Attachments: #1 Exhibit 1)(Smith, Jordan) |
| Filing 125 MOTION to Amend/Correct #1 Complaint,,,,, by Plaintiff Nevada, State of. Responses due by 9/13/2019.(Smith, Jordan) Modified on 9/3/2019 Counsel filed this in error as one document. Refiled as #126 with the amended complaint as an attachment. (LE). |
| Filing 124 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 8/27/2019. ORDER granting the errata (ECF No. #123 ) to ECF No. #119 .)( Any Response to an motion for leave to amend the complaint is due by 9/20/2019. (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 123 ERRATA to #119 Motion to Extend/Shorten Time, by Defendants Lisa E. Gordon, National Nuclear Security Administration, Rick Perry, United States, United States Department of Energy. (Negri, David) |
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Filing 122
MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 8/23/2019. Defendant's motion to reinstate ECF No. #92 , Motion for Protective Order and ECF no. #93 , Motion to dismiss is granted. It is further ordered that the Stay of case is lifted. Signed by Judge Miranda M. Du on 8/23/2019. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
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| Filing 121 NOTICE of Docket Correction to #120 Notice of Reinstatement of Motions : Changed the event from a notice to a motion. Parties are asking the Court to reinstate motions. Document should have been filed as a motion. (no image attached) (LE) |
| Filing 120 Motion to reinstate #92 Motion for Protective Order and #93 Motion to dismiss NOTICE of Reinstatement of Motions by Lisa E. Gordon, National Nuclear Security Administration, Rick Perry, United States, United States Department of Energy re #118 Order on Motion to Lift Stay of Case,,,,,,,,,,,. (Negri, David) Modified event from a notice to a motion and add link to 82 and 93 on 8/22/2019 (LE). |
| Filing 119 First MOTION to Extend Time (First Request) re #118 Order on Motion to Lift Stay of Case,,,,,,,,,,, by Defendants Lisa E. Gordon, National Nuclear Security Administration, Rick Perry, United States, United States Department of Energy. (Negri, David) |
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Filing 118
ORDERED that Nevada's motion to lift the stay of this case and to establish a briefing schedule (ECF Nos. #116 , #117 ) is granted in part and denied in part, in accordance with this order. It is further ordered that should Nevada file a motion for leave to amend its Complaint (ECF No. #1 ) it must do so on or before August 30, 2019. The response to any such motion will be due September 13, 2019, with the reply due on September 20, 2019. It is further ordered that the parties who filed motions that were denied without prejudice when the Court imposed the stay may (1) elect to seek reinstatement of the prior motions within 14 days from the date of this order or (2) file renewed motions within 14 days from the Court's ruling on Nevada's motion for leave to amend its Complaint. Signed by Judge Miranda M. Du on 8/20/2019. (Copies have been distributed pursuant to the NEF - DRM)
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| Filing 117 MOTION to Establish Briefing Schedule re #116 Motion to Lift Stay of Case by Plaintiff Nevada, State of. Responses due by 8/29/2019. (Smith, Jordan) |
| Filing 116 MOTION to Lift Stay of Case by Plaintiff Nevada, State of. (Smith, Jordan) |
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Filing 115
ORDER of USCA, Ninth Circuit, as to ECF No. #65 Notice of Appeal, dismissing appeal. USCA case 19-15202. (Copies have been distributed pursuant to the NEF - KR)
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Filing 114
ORDER of USCA, Ninth Circuit, as to ECF No. #65 Notice of Appeal. This matter is ordered submitted on the briefs and the record without oral argument on August 9, 2019 in San Francisco, California. USCA Case No. 19-15202. (Copies have been distributed pursuant to the NEF - LH)
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| Filing 113 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carla Baldwin Carry on 5/2/2019. By Deputy Clerk: LGM. In light of the District Court's order (ECF No. #112 ), the case management conference currently set before this Court on 6/7/2019 at 9:00 AM is VACATED. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - LGM) |
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Filing 112
ORDER that South Carolina's motion for clarification (ECF No. #87 ) is denied as moot; Nevada's emergency motion to stay briefing (ECF No. #97 ) is denied as moot; Nevada's counter motion requiring the Government to file the administrative record (ECF No. #109 ) is denied as moot; all remaining pending motions (ECF Nos. #88 , #92 , #93 , #108 ) are denied as moot and without prejudice to the moving parties to request that the motion, if fully briefed, be reinstated, or to filing a renewed motion within 14 days from the Ninth Circuit's decision on Nevada's interlocutory appeal. Signed by Judge Miranda M. Du on 4/30/2019. (Copies have been distributed pursuant to the NEF - LH)
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| Filing 111 REPLY to Response to #92 Motion for Protective Order, by Defendants Lisa E. Gordon, National Nuclear Security Administration, Rick Perry, United States, United States Department of Energy. (Negri, David) |
| Filing 110 REPLY to Response to #97 Motion, by Plaintiff Nevada, State of. (Attachments: #1 Exhibit 7) (Smith, Jordan) |
| Filing 109 Counter MOTION Countermotion to Require United States to File Administrative Record re #92 Motion for Protective Order, by Plaintiff Nevada, State of. Responses due by 5/13/2019. (Attachments: #1 Index, #2 Exhibit 1, #3 Exhibit 2) (Smith, Jordan) |
| Filing 108 Counter MOTION Countermotion for Leave to Conduct Discovery re #92 Motion for Protective Order, by Plaintiff Nevada, State of. Responses due by 5/13/2019. (Attachments: #1 Index, #2 Exhibit 1, #3 Exhibit 2) (Smith, Jordan) |
| Filing 107 CLERK'S NOTICE. Attorney Action Required to ECF No. #98 . Document was not filed pursuant to LR IC 2-2(b). For each type of relief requested or purpose, a separate document must be filed. Counsel is advised to refile ECF No. #98 and be in compliance with LR IC 2-2(b) and LR IC 2-2(c) by filing two separate documents for each request or purpose. Please correctly file Countermotion for Leave to Conduct Discovery and Countermotion to Require United States to File Administrative Record as two separate documents. Counsel my use same PDF as in document #98 . (no image attached) (LE) |
| Filing 106 RESPONSE to #97 Motion, by Defendants Lisa E. Gordon, National Nuclear Security Administration, Rick Perry, United States, United States Department of Energy. Replies due by 5/2/2019. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Negri, David) |
| Filing 105 NOTICE of Manual Filing by Defendants Lisa E. Gordon, National Nuclear Security Administration, Rick Perry, United States, United States Department of Energy. Object: Flash Drive, Volume(s): One, Description: Administrative Record, manually filed with the Clerk's Office. (Attachments: #1 Exhibit Certification of Administrative Record, #2 Exhibit Administrative Record Index)(Negri, David) |
| Filing 104 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carla Baldwin Carry on 4/24/2019. By Deputy Clerk: LGM. The case management conference currently set for 5/1/2019 at 9:00 AM is VACATED and RESCHEDULED to 6/7/2019 at 09:00 AM in Reno Courtroom 1 before Magistrate Judge Carla Baldwin Carry. The parties shall jointly file a supplement to their case management report by no later than the close of business on Friday, May 31, 2019. Out-of-state and out-of-town counsel shall be allowed to appear telephonically for this hearing and shall dial 877-336-1829 at least five (5) minutes prior to the hearing to be properly connected into the courtroom. The access code is 2809752 and security code18569. Therefore, the ex parte motion to appear telephonically (ECF No. #102 ) filed by the Intervenor-Defendant is DENIED as moot. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - LGM) |
| Filing 103 REPLY to Response to #88 Motion by Intervenor Defendant State of South Carolina. (Irvine, Brian) |
| Filing 102 MOTION for Leave to Appear Telephonically, Attorney Randolph R. Lowell, by Intervenor Defendant State of South Carolina. (Irvine, Brian) |
| Filing 101 NOTICE of Corrected Image/Document re #100 Reply by Intervenor Defendant State of South Carolina. (Service of corrected image is attached.) (Irvine, Brian) |
| Filing 100 REPLY to Response to #87 Motion by Intervenor Defendant State of South Carolina. (Irvine, Brian) |
| Filing 99 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 4/22/2019. By Deputy Clerk: Peggie Vannozzi. The Court has determined that expedited consideration of Nevada's emergency motion to stay briefing on the United States' motion to dismiss (ECF No. #97 ) is warranted. The United States must respond to the emergency motion by this Thursday -- April 25, 2019. Nevada's reply will be due by the following MondayApril 29, 2019 -- at noon. The briefing schedule on the United States' motion to dismiss (ECF No. #93 ) is suspended pending the Court's ruling on Nevada's emergency motion. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 98 RESPONSE to #92 Motion for Protective Order, by Plaintiff Nevada, State of. Replies due by 4/29/2019. (Attachments: #1 Index, #2 Exhibit 1, #3 Exhibit 2) (Smith, Jordan) |
| Filing 97 Emergency MOTION Motion to Stay Briefing on the United States' Motion to Dismiss Pending the Ninth Circuit Appeal or Alternatively, Motion to Extend Time to Respond re #93 Motion to Dismiss by Plaintiff Nevada, State of. Responses due by 5/6/2019. (Attachments: #1 Index Index, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6) (Smith, Jordan) |
| Filing 96 Joint CASE MANAGEMENT REPORT by Plaintiff Nevada, State of (Smith, Jordan) |
| Filing 95 RESPONSE to #87 Motion by Plaintiff Nevada, State of. Replies due by 4/23/2019. (Smith, Jordan) |
| Filing 94 RESPONSE to #88 Motion by Plaintiff Nevada, State of. Replies due by 4/23/2019. (Smith, Jordan) |
| Filing 93 MOTION to Dismiss by Defendants Lisa E. Gordon, National Nuclear Security Administration, Rick Perry, United States, United States Department of Energy. Responses due by 4/25/2019. (Negri, David) |
| Filing 92 MOTION for Protective Order by Defendants Lisa E. Gordon, National Nuclear Security Administration, Rick Perry, United States, United States Department of Energy. (Attachments: #1 Declaration of David L. Negri, #2 Exhibit 1, #3 Exhibit 2) (Negri, David) |
| Filing 91 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carla Baldwin Carry on 4/8/2019. By Deputy Clerk: LGM. A case management conference is set for 5/1/2019 at 09:00 AM in Reno Courtroom 1 before Magistrate Judge Carla Baldwin Carry. Any out-of-state and out-of-town counsel shall be allowed to file a motion to appear telephonically after the joint case management report is filed and prior to the case management conference. The parties shall jointly file a case management report by no later than the close of business on Wednesday, April 17, 2019. See the attached order for specifications. (Copies have been distributed pursuant to the NEF - LGM) |
| Filing 90 ERRATA to #87 Motion by Intervenor Defendant State of South Carolina. (Attachments: #1 Exhibit 1) (Irvine, Brian) |
| Filing 89 Case Management Report MOTION State of South Carolina's Rule 26(f) Report by Intervenor Defendant State of South Carolina. Responses due by 4/16/2019. (Desmond, John) Modified on 4/24/2019 (DN). |
| Filing 88 MOTION Renewed Motion to Transfer Venue by Intervenor Defendant State of South Carolina. Responses due by 4/16/2019. (Irvine, Brian) |
| Filing 87 MOTION Motion for Clarification by Intervenor Defendant State of South Carolina. Responses due by 4/16/2019. (Irvine, Brian) |
| Filing 86 PROPOSED Discovery Plan/Scheduling Order by Plaintiff Nevada, State of STATE OF NEVADA'S RULE 26(f) CONFERENCE REPORT (Smith, Jordan) |
| Filing 85 PROPOSED Discovery Plan/Scheduling Order by Defendants Lisa E. Gordon, National Nuclear Security Administration, Rick Perry, United States, United States Department of Energy (Negri, David) |
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Filing 84
ORDER of USCA, Ninth Circuit, as to ECF No. #65 Notice of Appeal. Appellant's opposed urgent motion for injunction pending appeal (Docket Entry No. 19) is denied. USCA Case No. 19-15202. (Copies have been distributed pursuant to the NEF - LH)
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| Filing 82 NOTICE of Appearance by attorney Todd L. Bice on behalf of Plaintiff Nevada, State of. (Bice, Todd) |
| Filing 81 NOTICE of Appearance by attorney James J. Pisanelli on behalf of Plaintiff Nevada, State of. (Pisanelli, James) |
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Filing 83
ORDER granting ECF NO. #79 Unopposed Motion. Discovery Plan/Scheduling Order due by 4/2/2019. Signed by Magistrate Judge Carla Baldwin Carry on 3/20/2019. (Copies have been distributed pursuant to the NEF - KR)
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| Filing 80 NOTICE of Appearance by attorney Jordan T. Smith on behalf of Plaintiff Nevada, State of. (Smith, Jordan) |
| Filing 79 First UNOPPOSED MOTION by Plaintiff Nevada, State of. (Nubel, Daniel) |
| Filing 78 DESIGNATION of Record on Appeal by Plaintiff Nevada, State of re #65 Notice of Appeal,. (Nubel, Daniel) |
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Filing 77
ORDER - ECF No. #69 Motion for preliminary injunction is denied as moot. ECF No. #61 Motion for status conference is denied as moot. ECF No. #37 Motion to transfer venue is denied as moot. Attorney Robert D. Cook's motion to withdraw as attorney for South Carolina (ECF No. #68 ) is granted. Signed by Judge Miranda M. Du on 2/25/2019.; Attorney Robert D. Cook terminated. (Copies have been distributed pursuant to the NEF - DRM)
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| Filing 76 REPLY to #69 Motion for Preliminary Injunction by Plaintiff Nevada, State of. (Howle, C.) |
| Filing 75 ERRATA to #74 Response, by Defendants Lisa E. Gordon, National Nuclear Security Administration, Rick Perry, United States, United States Department of Energy. (Attachments: #1 Exhibit 1) (Costello, Sara) Modified on 2/19/2019 link added to #69 . (BLG). |
| Filing 74 RESPONSE to #69 Motion for Preliminary Injunction by Defendants Lisa E. Gordon, National Nuclear Security Administration, Rick Perry, United States, United States Department of Energy. Replies due by 2/21/2019. (Attachments: #1 Declaration of Bruce M. Diamond, #2 Declaration of Steven J. Lawrence, #3 Declaration of Sara E. Costello, #4 Exhibit 1, #5 Exhibit 2) (Costello, Sara) |
| Filing 73 RESPONSE to #69 Motion for Preliminary Injunction by Intervenor Defendant State of South Carolina. Replies due by 2/20/2019. (Irvine, Brian) |
| Filing 72 NOTICE of Corrected Image/Document re #71 Notice of Appearance by Defendants Lisa E. Gordon, National Nuclear Security Administration, Rick Perry, United States, United States Department of Energy. (Service of corrected image is attached.) (Costello, Sara) |
| Filing 71 NOTICE of Appearance by attorney Sara E. Costello on behalf of Defendants Lisa E. Gordon, National Nuclear Security Administration, Rick Perry, United States, United States Department of Energy. (Costello, Sara) |
| Filing 70 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 2/8/2019. By Deputy Clerk: Peggie Vannozzi. Any response to Plaintiff's motion for preliminary injunction (ECF No. #69 )is due by 2/14/2019, with replies due by 2/20/2019. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 69 MOTION for Preliminary Injunction re #65 Notice of Appeal, by Plaintiff Nevada, State of. Responses due by 2/21/2019. (Attachments: #1 Exhibit Transcript of Motion Hearing) (Howle, C.) |
| Filing 68 MOTION to Withdraw as Attorney by Robert D. Cook for Intervenor Defendant State of South Carolina. (Attachments: #1 Exhibit Declaration) (Irvine, Brian) |
| Filing 67 USCA NOTICE to appellant re ECF No. #65 Notice of Appeal: A briefing schedule will be set by future court order. USCA Case No. 19-15202 assigned. (LH) |
| Filing 66 FORMS - Designation of Transcripts and Transcript Order forms and instructions for ECF No. #65 Notice of Appeal. The forms may also be obtained on the Court's website at #www.nvd.uscourts.gov. (Attachments: #1 Transcript Order Form) (LH) |
| Filing 65 NOTICE OF APPEAL as to #62 Order on Motion for Preliminary Injunction,,,, Terminate Motions, by Plaintiff Nevada, State of. Filing fee $ 505, receipt number 0978-5416634. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Attachments: #1 Errata 1 - Order) (Howle, C.) |
| Filing 64 ANSWER to #1 Complaint,,,,, filed by Lisa E. Gordon, National Nuclear Security Administration, Rick Perry, United States, United States Department of Energy. Discovery Plan/Scheduling Order due by 3/19/2019.(Negri, David) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Filing 63 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 1/31/2019. Plaintiff's motion for a temporary restraining order pending the Court's decision its motion for preliminary injunction (ECF No. #60 ) is denied as moot in light of the Court's ruling on the latter motion (ECF No. #62 ). The parties are directed to confer on Plaintiff's motion for a status conference (ECF No. #61 ) and file a report with the Court as to the need for the conference as well as proposed dates. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
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Filing 62
ORDER: It is ordered that Nevada's motion for preliminary injunction (ECF No. #2 ) is denied. Signed by Judge Miranda M. Du on 1/30/2019. See Order for Specifics. (Copies have been distributed pursuant to the NEF - BLG) Modified on 1/30/2019 (BLG).
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| Filing 61 MOTION by Plaintiff Nevada, State of. Responses due by 2/13/2019. (Howle, C.) |
| Filing 60 MOTION for Temporary Restraining Order by Plaintiff Nevada, State of. (Attachments: #1 Exhibit 1 - Affidavit of Marta Adams, #2 Exhibit 2 - Final Surplus Plutonium Disposition Supplemental EIS, April 2015) (Howle, C.) |
| Filing 59 STATUS REPORT by Plaintiff Nevada, State of. (Howle, C.) |
| Filing 58 STATUS REPORT by Defendants Lisa E. Gordon, National Nuclear Security Administration, Rick Perry, United States, United States Department of Energy. (Negri, David) |
| Filing 57 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 1/30/2019. By Deputy Clerk: Peggie Vannozzi. The Court has reviewed the United States' Notice of New Information (ECF No. #56 ). The parties are directed to file a status report by 2:00 pm today as to whether this new information has rendered Nevada's motion for preliminary injunction moot. It is not clear to the Court whether all shipment of plutonium (approximately metric ton) to Nevada (ECF No. #56 at 2) means no more plutonium will be shipped to NNSS as part of the SAs proposed action. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 56 NOTICE of New Information by Lisa E. Gordon, National Nuclear Security Administration, Rick Perry, United States, United States Department of Energy. (Attachments: #1 Declaration of Bruce M. Diamond) (Negri, David) |
| Filing 55 TRANSCRIPT of Proceedings, 45 Order on Motion,,,,,,,,, Preliminary/Permanent Injunction Hearing,,,,,,,, held on 1-17-19, before Judge Miranda M. Du. Court Reporter/Transcriber: Kathy French, KF@nvd.uscourts.gov. Any Redaction Request is due by 2/20/2019. Redacted Transcript Deadline is set for 3/2/2019. Release of the Transcript Restriction is set for 4/30/2019. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (KF) |
| Filing 54 REPLY to Response to #37 Motion by Intervenor Defendant State of South Carolina. (Irvine, Brian) |
| Filing 53 RESPONSE to #52 Errata by Defendants Lisa E. Gordon, National Nuclear Security Administration, Rick Perry, United States, United States Department of Energy. (Negri, David) |
| Filing 52 ERRATA to 45 Order on Motion,,,,,,,,, Preliminary/Permanent Injunction Hearing,,,,,,,, by Plaintiff Nevada, State of. (Howle, C.) |
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Filing 51
ORDER approving ECF No. #48 Verified Petition for Permission to Practice Pro Hac Vice as to Randolph R. Lowell on behalf of State of South Carolina and approving Designation of Local Counsel John P. Desmond. Signed by Judge Miranda M. Du on 1/23/2019. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - LH)
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| Filing 50 RESPONSE to #37 Motion by Plaintiff Nevada, State of. Replies due by 1/30/2019. (Howle, C.) |
| Filing 49 RESPONSE to #37 Motion by Defendants Lisa E. Gordon, National Nuclear Security Administration, Rick Perry, United States, United States Department of Energy. Replies due by 1/30/2019. (Negri, David) |
| Filing 48 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Randolph R. Lowell and DESIGNATION of Local Counsel John P. Desmond (Filing fee $ 250 receipt number 0978-5401819) by Intervenor Defendant State of South Carolina. (Desmond, John) |
| Filing 47 EXHIBIT LIST by Defendants Lisa E. Gordon, National Nuclear Security Administration, Rick Perry, United States, United States Department of Energy for hearing held 1/17/2019 before Judge Miranda M. Du. (PAV) |
| Filing 46 EXHIBIT LIST by Plaintiff State of Nevada for hearing held 1/17/2019 before Judge Miranda M. Du. (PAV) |
| Filing 45 MINUTES OF PROCEEDINGS - Preliminary/Permanent Injunction Hearing held on 1/17/2019 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: C. Wayne Howle, Marta Adams, Daniel Nubel, Martin Malsch; Def Counsel: David Negri; Court Reporter: Kathy French; Time of Hearing: 9:09 AM - 11:15 AM; 11:28 AM - 12:40 PM; 1:51 PM - 3:45 PM; Courtroom: 5; The Court advises counsel that it has reviewed Defendants motion to exclude witnesses and limit testimony (ECF No. #43 ,) and Plaintiffs response (ECF No. #44 .) Mr. Nubel and Mr. Negri present argument. The court makes findings for the record. For the reasons the court has stated on the record, Defendants motion to exclude witnesses and limit testimony (ECF No. 43) is granted in part and denied in part. Plaintiffs witnesses Robert Halstead, Bradley Crowell and John Bakkedahl will be allowed to testify to specific areas. Mr. Irvine advises the court that the state of South Carolina intends to file a joinder to Defendants opposition to the Preliminary injunction motion. Mr. Irvine answers questions posed by the court. Mr. Howle and Mr. Negri presents opening statements and answer questions posed by the court. Robert J. Halstead is sworn to testify. Ms. Adams examines the witness. Mr. Negri and Ms. Adams examine the witness. The witness is excused. Recess: 11:15 AM - 11:28 AM Bradley Crowell is sworn to testify. Ms. Adams examines the witness. All exhibits marked by the parties are deemed admitted. Mr. Negri examines the witness. The witness is excused. Jon Bakkedahl is sworn to testify. Mr. Nubel and Mr. Negri examine the witness. The witness is excused. Recess: 12:40 PM - 1:51 PM. John Harris Walker is sworn to testify. Mr. Negri and Mr. Malsch examine the witness. The witness is excused. Plaintiffs exhibits 1 through 15 are admitted. Defendants exhibits 500 through 507 are admitted. Mr. Howle and Mr. Negri present argument. The Court takes Plaintiffs motion for preliminary injunction (ECF No. #2 ) under submission. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 44 RESPONSE to #43 Motion by Plaintiff Nevada, State of. Replies due by 1/23/2019. (Howle, C.) |
| Filing 43 MOTION by Defendants Lisa E. Gordon, National Nuclear Security Administration, Rick Perry, United States, United States Department of Energy. Responses due by 1/29/2019. (Negri, David) |
| Filing 42 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Robert D. Cook; and Randolph R. Lowell to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 3/1/2019. (no image attached) (BLG) |
| Filing 41 ERRATA to #27 Response,, by Defendants Lisa E. Gordon, National Nuclear Security Administration, Rick Perry, United States, United States Department of Energy. (Negri, David) |
| Filing 40 MINUTES OF PROCEEDINGS - Telephonic Status Conference held on 1/15/2019 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Marta Adams, C. Wayne Howle, Martin Malsch, Carson Thomas; Def Counsel: David Negri; Intervenor Counsel: Brian Irvine, Randolph Lowell Court Reporter: Kathy French; Time of Hearing: 2:11 PM - 2:32 PM; Courtroom: 5; Brad Crowell, Director of Conservation and Natural Resources for the state of Nevada is also present by phone. The Court makes preliminary remarks. Ms. Adams and Mr. Negri respond to the Court. Mr. Negri advises the Court that the Defendant will file a motion to stay the response time on Intervenor's motion to transfer venue. The Court indicates that it will not stay the response time indefinitely. The Court plans to hold the preliminary injunction hearing. Mr. Negri asks for an extension of time to file a response. The Court makes findings and grants Defendant's request to extend time to file a response. Any response to Intervenor's motion to transfer venue (ECF No. #37 is due by 1/23/2019. Replies are due by 1/28/2019. If the Court deems it necessary to hold a hearing on the motion, the hearing will be telephonic. The Court asks counsel for a time estimate on the preliminary injunction hearing. Mr. Negri advises that the Government intends to file two motions today that may streamline the hearing. Ms. Adams believes the hearing can be completed in one judicial day. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 39 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 1/15/2019. By Deputy Clerk: Peggie Vannozzi. A telephonic Status Conference is set for 1/15/2019 at 02:00 PM in Reno Courtroom 5 before Judge Miranda M. Du. Counsel are to call 1-888-251-2909, and enter code 3803398 and password 123456. The use of speaker phones and/or cell phones is prohibited. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 38 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 1/15/2019. The Court finds that issues raised by South Carolina in its Motion to Transfer #37 warrant expedited consideration and should be addressed on a shortened briefing schedule. Accordingly, the parties must file their responses to the Motion to Transfer by 1/18/2019. Reply due by 1/22/2019. (no image attached) (Copies have been distributed pursuant to the NEF - ST) |
| Filing 37 MOTION TO TRANSFER VENUE by Defendant State of South Carolina. Responses due by 1/28/2019. (Irvine, Brian) Modified text on 1/15/2019 (BLG). |
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Filing 36
ORDER that South Carolina's Motion to Intervene ECF No. #25 is granted. Signed by Judge Miranda M. Du on 1/14/2019.(Copies have been distributed pursuant to the NEF - KW)
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| Filing 35 EXHIBIT LIST Plaintiff's List of Exhibits and Witnesses for January 17, 2019, Evidentiary Hearing on Motion for Preliminary Injunction by Plaintiff Nevada, State of. (Howle, C.) |
| Filing 34 REPLY to Response to #2 Motion for Preliminary Injunction by Plaintiff Nevada, State of. (Attachments: #1 Exhibit 1 - Declaration of Henry Allen Gunter, #2 Exhibit 2 - Defendants' Statement Concerning Remedy, #3 Exhibit 3 - DOE Standard, Stabilization, Packaging and Storage of Plutonium-Bearing Materials) (Howle, C.) |
| Filing 33 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 1/11/2019. By Deputy Clerk: Peggie Vannozzi. The Court has reviewed the joint status report (ECF No. #29 ) and grants the parties' request for each side to give a brief opening statement limited to 10 minutes per party, and a closing statement. Plaintiff will be given the opportunity to present a rebuttal during closing but not opening arguments. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 32 REPLY to #25 Motion to Intervene, #28 Response, by Defendant State of South Carolina. (Irvine, Brian) |
| Filing 31 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 1/11/2019. ORDER granting ECF No. #30 Motion for Leave to File Excess Pages re reply to ECF No. #2 Motion for Preliminary Injunction. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 30 Unopposed MOTION for Leave to File Excess Pages re #2 Motion for Preliminary Injunction, #27 Response,, by Plaintiff Nevada, State of. (Attachments: #1 Exhibit 1 - Declaration of C. Wayne Howle) (Howle, C.) |
| Filing 29 Joint STATUS REPORT by Plaintiff Nevada, State of. (Howle, C.) |
| Filing 28 RESPONSE to #25 Motion to Intervene, by Plaintiff Nevada, State of. Replies due by 1/11/19 1/16/2019. (Attachments: #1 Exhibit 1 - Plaintiff's Opposition to State of South Carolina's Motion to Transfer Venue) (Howle, C.) Modified on 1/10/2019 due date for reply updated to comply with (# 26 ) Minute Order. (BLG). |
| Filing 27 RESPONSE to #2 Motion for Preliminary Injunction by Defendants Lisa E. Gordon, National Nuclear Security Administration, Rick Perry, United States, United States Department of Energy. Replies due by 1/11/2019. (Attachments: #1 Declaration of William Harris Walker, #2 Declaration of David L. Negri, #3 Exhibit US Exhibit 1, #4 Exhibit US Exhibit 2, #5 Exhibit US Exhibit 3, #6 Exhibit US Exhibit 4, #7 Exhibit US Exhibit 5, #8 Exhibit US Exhibit 6, #9 Exhibit US Exhibit 7, #10 Exhibit US Exhibit 8) (Negri, David) |
| Filing 26 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 1/4/2019. By Deputy Clerk: Peggie Vannozzi. An expedited briefing schedule is set for the State of South Carolina's emergency motion to intervene (ECF No. #25 .) Responses are due by 1/9/2019. Replies are due by 1/11/2019. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 25 MOTION to Intervene STATE OF SOUTH CAROLINA'S EMERGENCY MOTION TO INTERVENE AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF by Defendant State of South Carolina. Responses due by 1/17/2019. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Irvine, Brian) |
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Filing 24
ORDER granting ECF No. #22 Unopposed Motion to Exceed Page Limits. Signed by Judge Miranda M. Du on 1/2/2019.(Copies have been distributed pursuant to the NEF - KW)
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Filing 23
ORDER that the government's motion to stay (ECF No. #20 ) on behalf of all Defendants is denied. Signed by Judge Miranda M. Du on 1/2/2019. (Copies have been distributed pursuant to the NEF - LH)
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| Filing 22 Unopposed MOTION for Leave to File Excess Pages re #2 Motion for Preliminary Injunction by Defendants Lisa E. Gordon, National Nuclear Security Administration, Rick Perry, United States, United States Department of Energy. (Attachments: #1 Declaration of David L. Negri) (Negri, David) |
| Filing 21 RESPONSE to #2 Motion for Preliminary Injunction by Plaintiff Nevada, State of. Replies due by 1/4/2019. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Howle, C.) |
| Filing 20 MOTION to Stay Case re #2 Motion for Preliminary Injunction by Defendants Lisa E. Gordon, National Nuclear Security Administration, Rick Perry, United States, United States Department of Energy. (Negri, David) |
| Filing 19 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 12/20/2018. Defendants' motion for a two week extension of time (ECF No. #18 ), which Plaintiff opposes, is granted. Defendants' response to Plaintiff's motion for preliminary injunction (ECF No. #2 ) is due January 4, 2019. Plaintiff's motion for preliminary injunction (ECF No. #2 ) is set for oral argument on 1/17/2019 at 09:00 AM in Reno Courtroom 5 before Judge Miranda M. Du. To the extent the parties request to present evidence at the hearing on Plaintiff's motion for preliminary injunction (ECF No. #2 ,) the parties are directed to coordinate exhibits and witnesses and file a status report with the Court no later than 7 days prior to the hearing. Counsel are directed to file exhibit lists and witness lists no later than 5 days prior to the hearing. Plaintiffs are to use numerals 1-499 and Defendants are to use numerals 500 and above. Counsel are further to provide the Court with a courtesy copy of all exhibits to be used in the hearing by delivering a thumb drive or CD to the Clerks Office in Reno for the Courts use no later than 2 days prior to the hearing. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 18 MOTION to Extend Time (First Request) For United States' Response re #2 Motion for Preliminary Injunction by Defendants Lisa E. Gordon, National Nuclear Security Administration, Rick Perry, United States, United States Department of Energy. (Negri, David) |
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Filing 17
ORDER approving ECF No. #10 Verified Petition for Permission to Practice Pro Hac Vice as to Martin G. Malsch on behalf of Plaintiff State of Nevada and approving Designation of Local Counsel C. Wayne Howle. Signed by Judge Miranda M. Du on 12/12/2018. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - LH)
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Filing 16
ORDER approving ECF No. #9 Verified Petition for Permission to Practice Pro Hac Vice as to John W. Lawrence on behalf of Plaintiff State of Nevada and approving Designation of Local Counsel C. Wayne Howle. Signed by Judge Miranda M. Du on 12/12/2018. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - LH)
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Filing 15
ORDER approving ECF No. #8 Verified Petition for Permission to Practice Pro Hac Vice as to Charles J Fitzpatrick on behalf of Plaintiff State of Nevada and approving Designation of Local Counsel C. Wayne Howle. Signed by Judge Miranda M. Du on 12/12/2018. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - LH)
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| Filing 14 NOTICE of Corrected Image/Document re #10 Motion for Permission to Practice Pro Hac Vice - Verified Petition by Plaintiff Nevada, State of. (Service of corrected image is attached.) (Howle, C.) |
| Filing 13 NOTICE of Corrected Image/Document re #9 Motion for Permission to Practice Pro Hac Vice - Verified Petition by Plaintiff Nevada, State of. (Service of corrected image is attached.) (Howle, C.) |
| Filing 12 NOTICE of Corrected Image/Document re #8 Motion for Permission to Practice Pro Hac Vice - Verified Petition by Plaintiff Nevada, State of. (Service of corrected image is attached.) (Howle, C.) |
| Filing 11 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 12/11/2018. By Deputy Clerk: Peggie Vannozzi. The following Motions for Permission to Practice Pro Hac Vice - Verified Petition are deficient: Charles J. Fitzpatrick's motion (ECF No. #8 ;) John W. Lawrence's Motion (ECF No. #9 ;) and Martin G. Malsch's motion (ECF No. #10 .) The form requires that a party representative sign on page 5 of the form to appoint resident Nevada counsel. Petitioners are directed to obtain the signature of Plaintiff's representative on each petition. Petitioners are further directed to re-file the petitions, using the event "Notice of Corrected Image" and link each corrected image to the corresponding petition. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 10 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Martin G. Malsch and DESIGNATION of Local Counsel C. Wayne Howle (Filing fee $ 250 receipt number 0978-5352370) by Plaintiff Nevada, State of. (Howle, C.) |
| Filing 9 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by John W. Lawrence and DESIGNATION of Local Counsel C. Wayne Howle (Filing fee $ 250 receipt number 0978-5352361) by Plaintiff Nevada, State of. (Howle, C.) |
| Filing 8 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Charles J. Fitzpatrick and DESIGNATION of Local Counsel C. Wayne Howle (Filing fee $ 250 receipt number 0978-5352348) by Plaintiff Nevada, State of. (Howle, C.) |
| Filing 7 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Martin G. Malsch; Charles J. Fitzpatrick; and John W. Lawrence to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 1/18/2019. (no image attached) (BLG) |
| Filing 6 CLERK'S NOTICE Regarding Local Rule IC 2-1(g). Filer's account information is different from the address information contained in the filed document, ECF No. #1 . Attorney Charles J. Fitzpatrick is advised to review and update his user account information. (no image attached) (BLG) |
| Filing 5 AFFIDAVIT of Service of Summons, Complaint, and Plaintiff's Motion for Preliminary Injunction and Memorandum of Points and Authorities in Support Thereof re #2 Motion for Preliminary Injunction, #3 Summons Issued as to USA, #1 Complaint,,,,, by Plaintiff Nevada, State of. (Howle, C.) |
| Filing 4 ERRATA to #1 Complaint,,,,, by Plaintiff Nevada, State of. (Howle, C.) |
| Filing 3 SUMMONS ISSUED as to Lisa E. Gordon, National Nuclear Security Administration, Rick Perry, United States, United States Department of Energy, U.S. Attorney and U.S. Attorney General. (Attachments: #1 Rick Perry, #2 National Nuclear Security Administration, #3 Lisa E. Gordon, #4 Civil Process Clerk, #5 Attorney General of the United States) (LH) |
| Case assigned to Judge Miranda M. Du and Magistrate Judge Carla Baldwin Carry. ***Emergency motion previously filed in case.*** (BLG) |
| Filing 2 MOTION for Preliminary Injunction by Plaintiff Nevada, State of. Responses due by 12/14/2018. (Howle, C.) *QC assisted filing. Counsel having attached motion to #1 Complaint. (BLG) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $400 receipt number 0978-5342999) by Nevada, State of. Proof of service due by 2/28/2019. (Attachments: #1 Exhibit A - NNSAs Supplemental Analysis, dated July 2018, #2 Exhibit B - Affidavit of Timothy A. Frazier, #3 Exhibit C - Affidavit of Robert J. Halstead, #4 Exhibit D - To Be Filed Later - Robinson Affidavit, #5 Exhibit E - DOE Progress Report, #6 Exhibit F - Table E-1, #7 Exhibit G - Table E-6, #8 Exhibit H - Table E-5, #9 Exhibit I - Tables E-8 & E-12, #10 Exhibit J - Tables E-13 & E-14, #11 Exhibit K - Tables L-8 & L-9, #12 Exhibit L - GAO Report, #13 Civil Cover Sheet, #14 Summons, #15 Summons, #16 Summons, #17 Summons, #18 Summons, #19 Summons, #20 Plaintiff's Motion for Preliminary Injunction and Memorandum of Points and Authorities in Support Thereof) (Howle, C.) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. Modified on 11/30/2018 #20 should have been filed separately QC has made a separate docket entry see #2 . (BLG). |
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