The Klamath Tribes v. United States Bureau of Reclamation et al
| The Klamath Tribes |
| United States Fish and Wildlife Service, United States Bureau of Reclamation and National Marine Fisheries Service |
| Klamath Riverkeeper, Hoopa Valley Tribe, Pacific Coast Federation of Fishermen's Associations, Siskiyou County, Yurok Tribe and Institute for Fisheries Resources |
| Sunnyside Irrigation District, Klamath Water Users Association and Ben DuVal |
| 3:2018cv01419 |
| July 27, 2018 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Michael W Mosman |
| Environmental Matters |
| 16 U.S.C. § 1538 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 14, 2018. A more recent docket listing may be available from PACER.
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| Filing 89 Motion to Limit Review to the Administrative Record. Filed by United States Bureau of Reclamation. (Poirier, Kaitlyn) |
Filing 88
Scheduling Order: The Court generally adopts the parties' joint proposed scheduling order #84 except that within 20 days of the date the Court files its order on the Federal Defendants' and Federal-Defendant Intervenors' motion to limit review to the administrative record, the parties will either file a proposed briefing schedule for cross-motions for summary judgment or a proposed litigation schedule. Ordered by Judge Michael W. Mosman. (dls)
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| Filing 87 Joint Notice of Declination to Proceed Before Magistrate Filed by The Klamath Tribes. (MacCourt, Douglas) |
| Filing 86 Joint ADR Report By Plaintiffs, Federal Defendants and Defendant-Intervenors. Filed by The Klamath Tribes.(MacCourt, Douglas) |
| Filing 85 Notice re Complaint, #1 of Plaintiff's Voluntary Dismissal of Count III With Prejudice Filed by The Klamath Tribes. (Related document(s): Complaint, #1 .) (MacCourt, Douglas) |
| Filing 84 Proposed Joint Case Management Schedule . Filed by The Klamath Tribes. (MacCourt, Douglas) |
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Filing 83
ORDER: The parties shall file a proposed scheduling order by 8/29/2018. Ordered by Judge Michael W. Mosman. (kms)
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| Filing 82 Notification of CM/ECF Account for Paul S. Weiland (Pro Hac Vice admission). Your login is: psweiland. Go to #the CM/ECF login page to set your password. (jtj) |
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Filing 81
ORDER: Finding as Moot Application for Special Admission Pro Hac Vice of Paul S. Weiland for Siskiyou County.; Granting Application for Special Admission Pro Hac Vice of Paul S. Weiland for Siskiyou County. Application Fee in amount of $300 collected. Receipt No. 0979-5524967 issued. Signed on 8/22/2018 by Judge Michael W. Mosman. (jtj)
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| Filing 80 Motion for Leave to Appear Pro Hac Vice for Attorney Paul Weiland . Filing fee in the amount of $300 collected; Receipt No.: 26bojcpj. Filed by Siskiyou County. (Blain, Mika) |
| Filing 79 Motion for Leave to Appear Pro Hac Vice for Attorney Paul Weiland . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5524967. Filed by Siskiyou County. (Blain, Mika) |
| Filing 78 Notification of CM/ECF Account for Jared S. Mueller (Pro Hac Vice admission). Your login is: jsmueller. Go to #the CM/ECF login page to set your password. (ecp) |
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Filing 77
ORDER: Granting Application for Special Admission Pro Hac Vice of Jared S. Mueller for Ben DuVal, Klamath Water Users Association, Sunnyside Irrigation District. Application Fee in amount of $300 collected. Receipt No. 0979-5498883 issued. Signed on 7/31/2018 by Judge Michael W. Mosman. (ecp)
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| Filing 76 Motion for Leave to Appear Pro Hac Vice for Attorney Jared Stanton Mueller . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5498883. Filed by Ben DuVal, Klamath Water Users Association, Sunnyside Irrigation District. (Simmons, Paul) |
| Filing 75 Notice of Case Assignment: This case is assigned to Judge Michael W. Mosman. (eo) |
| Filing 74 Case transferred in from District of California Northern; Case Number 3:18-cv-03078. Electronic file received. |
| The United States District Court for the District of Oregon shall receive the contact information from this Court via e-mail/telephone transfer. Re #73 Order (aaaS, COURT STAFF) (Filed on 7/25/2018) [Transferred from California Northern on 7/27/2018.] |
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Filing 73
ORDER TRANSFERRING VENUE AND DENYING MOTION FOR PRELIMINARY INJUNCTION WITHOUT PREJUDICE - The federal defendants' and intervenors' motions to dismiss for improper venue are DENIED, but their motions to transfer venue are GRANTED. The District Court for the District of Oregon is the appropriate venue for this matter. The Klamath Tribes' motion for preliminary injunction is DENIED. Signed by Judge William H. Orrick on 07/25/2018. (jmdS, COURT STAFF) (Filed on 7/25/2018) [Transferred from California Northern on 7/27/2018.]
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| Filing 72 Minute Entry for proceedings held before Judge William H. Orrick: Motion Hearing held on 7/20/2018 re #13 MOTION for Preliminary Injunction and #18 MOTION to Dismiss. Motions taken under submission; written order to follow. Total Time in Court: 1 hour, 32 minutes. Court Reporter: Katherine Sullivan. (jmdS, COURT STAFF) (Date Filed: 7/20/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 71 Clerk's Notice CONSENTING TO Video Recording re: #56 Clerk's Notice of Video Recording Request. (jmdS, COURT STAFF) (Filed on 7/18/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 70 MOTION for Joinder in Federal Defendants' Objection to New Evidence and Arguments Presented in Plaintiff's Reply filed by Ben DuVal, Klamath Water Users Association, Sunnyside Irrigation District. (Simmons, Paul) (Filed on 7/17/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 69 OBJECTIONS to re #65 Reply to Opposition/Response, #67 Errata by National Marine Fisheries Service, United States Bureau of Reclamation, United States Fish And Wildlife Service. (Williams, Robert) (Filed on 7/17/2018) [Transferred from California Northern on 7/27/2018.] |
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Filing 68
Order by Judge William H. Orrick granting #51 Motion for Pro Hac Vice by Mika N. Blain. (jmdS, COURT STAFF) (Filed on 7/12/2018) [Transferred from California Northern on 7/27/2018.]
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| Filing 67 ERRATA re #65 Reply to Opposition/Response re Motion for Preliminary Injunction by The Klamath Tribes. (Attachments: #1 Exhibit Plaintiff's Combined Reply (Corrected))(Weiner, Jeremiah) (Filed on 7/11/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 66 AMENDED DOCUMENT by Siskiyou, County of. Amendment to #51 MOTION for leave to appear in Pro Hac Vice Mika Blain ( Filing fee $ 310, receipt number 0971-12485149.) . (Attachments: #1 Certificate of Good Standing)(Weiland, Paul) (Filed on 7/11/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 65 REPLY (re #13 MOTION for Preliminary Injunction ) Combined filed byThe Klamath Tribes. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Weiner, Jeremiah) (Filed on 7/10/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 64 EXHIBITS re #61 Declaration in Support, #62 Exhibits, #63 Exhibits, filed byBen DuVal, Klamath Water Users Association, Sunnyside Irrigation District. (Attachments: #1 Exhibit L)(Related document(s) #61 , #62 , #63 ) (Simmons, Paul) (Filed on 7/10/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 63 EXHIBITS re #61 Declaration in Support, #62 Exhibits filed byBen DuVal, Klamath Water Users Association, Sunnyside Irrigation District. (Attachments: #1 Exhibit G, #2 Exhibit H, #3 Exhibit I, #4 Exhibit J)(Related document(s) #61 , #62 ) (Simmons, Paul) (Filed on 7/10/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 62 EXHIBITS re #61 Declaration in Support, filed byBen DuVal, Klamath Water Users Association, Sunnyside Irrigation District. (Attachments: #1 Exhibit E)(Related document(s) #61 ) (Simmons, Paul) (Filed on 7/10/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 61 Declaration of Paul S Simmons in Support of #60 Reply to Opposition/Response, filed byBen DuVal, Klamath Water Users Association, Sunnyside Irrigation District. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Related document(s) #60 ) (Simmons, Paul) (Filed on 7/10/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 60 REPLY (re #13 MOTION for Preliminary Injunction ) Reply to Federal Defendants' Response to Plaintiff's Motion for Preliminary Injunction and to Briefs of Amicus Curiae filed byBen DuVal, Klamath Water Users Association, Sunnyside Irrigation District. (Attachments: #1 Declaration Greg Addington, #2 Exhibit A, #3 Exhibit B)(Simmons, Paul) (Filed on 7/10/2018) [Transferred from California Northern on 7/27/2018.] |
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Filing 59
ORDER ALLOWING PLAINTIFF TO EXCEED PAGE LIMITS IN COMBINED REPLY TO FEDERAL DEFENDANTS' AND INTERVENOR-DEFENDANTS' OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION by Judge William H. Orrick granting #58 Stipulation. (jmdS, COURT STAFF) (Filed on 7/10/2018) [Transferred from California Northern on 7/27/2018.]
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| Filing 58 STIPULATION WITH PROPOSED ORDER re #13 MOTION for Preliminary Injunction , #38 Opposition/Response to Motion,, #44 Opposition/Response to Motion,,,,,, For the Klamath Tribes to Exceed Page Limit in Combined Reply In Support of Motion for Preliminary Injunction filed by The Klamath Tribes. (Weiner, Jeremiah) (Filed on 7/10/2018) [Transferred from California Northern on 7/27/2018.] |
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Filing 57
ORDER GRANTING MOTIONS FOR LEAVE TO FILE AMICUS BRIEFSby Judge William H. Orrick granting #36 Stipulation, #46 Motion to File Amicus Curiae Brief, #47 Motion to File Amicus Curiae Brief, and #49 Motion for Leave to File. (jmdS, COURT STAFF) (Filed on 7/10/2018) [Transferred from California Northern on 7/27/2018.]
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| Filing 56 Clerk's Notice of Video Recording Request for hearing set on 7/20/2018 09:00 AM. Objections to Video Recording due 7/16/2018. (jmdS, COURT STAFF) (Filed on 7/9/2018) [Transferred from California Northern on 7/27/2018.] |
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Filing 55
ORDER GRANTING DEFENDANT-INTERVENORS' ADMINISTRATIVE MOTION FOR LEAVE TO FILE REPLY TO FEDERAL DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION by Judge William H. Orrick granting #48 Administrative Motion. (jmdS, COURT STAFF) (Filed on 7/9/2018) [Transferred from California Northern on 7/27/2018.]
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| Filing 54 REPLY (re #17 MOTION to Dismiss for Lack of Jurisdiction ) filed byBen DuVal, Klamath Water Users Association, Sunnyside Irrigation District. (Simmons, Paul) (Filed on 7/6/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 53 REPLY (re #18 MOTION to Dismiss ) filed byNational Marine Fisheries Service, United States Bureau of Reclamation, United States Fish And Wildlife Service. (Attachments: #1 Exhibit A - Bottcher Declaration, #2 Exhibit B - Senn Declaration, #3 Exhibit C - Simondet Declaration, #4 Exhibit D - FWS Technical Report, #5 Exhibit E - Letter from Reclamation to MacCourt)(Poirier, Kaitlyn) (Filed on 7/6/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 52 OPPOSITION/RESPONSE (re #48 ADMINISTRATIVE MOTION Leave to File Reply to Federal Defendants' Response to Plaintiff's Motion for Preliminary Injunction re #44 Opposition/Response to Motion,,,,,, ) filed byThe Klamath Tribes. (Weiner, Jeremiah) (Filed on 7/5/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 51 MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice Mika Blain ( Filing fee $ 310, receipt number 0971-12485149.) filed by Siskiyou, County of. (Attachments: #1 Exhibit Evidence of Good Standing)(Weiland, Paul) (Filed on 7/3/2018) Modified on 7/5/2018 (aaaS, COURT STAFF). [Transferred from California Northern on 7/27/2018.] |
| Filing 50 Declaration of Blake Follis in Support of #49 MOTION for Leave to File Amicus Curiae Brief filed bySiskiyou, County of. (Attachments: #1 Exhibit A to Decl. of Blake Follis ISO Amicus Curiae, #2 Exhibit B to Decl. of Blake Follis ISO Amicus Curiae, #3 Declaration of Richard A. Valdez ISO Amicus Curiae, #4 Exhibit 1 to Decl. of Richard A. Valdez ISO Amicus Curiae, #5 Exhibit 2 to Decl. of Richard A. Valdez ISO Amicus Curiae, #6 Exhibit 3 to Decl. of Richard A. Valdez ISO Amicus Curiae, #7 Exhibit 4 to Decl. of Richard A. Valdez ISO Amicus Curiae)(Related document(s) #49 ) (Weiland, Paul) (Filed on 7/3/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 49 MOTION for Leave to File Amicus Curiae Brief filed by Siskiyou, County of. (Attachments: #1 Brief of Amicus Curiae County of Siskiyou, County of Modoc, Klamath County, and Modoc Tribe ISO Defendants U.S. Bureau of Reclamanation et al., #2 Proposed Order [Proposed] Order Granting County of Siskiyou, et al.'s Unopposed Motion for Leave to File Amicus Curiae Brief, #3 Declaration of James E. Smith ISO Amicus Curiae, #4 Declaration of Kelley Minty Morris ISO Amicus Curiae, #5 Exhibit A to Decl. of Kelley Minty Morris ISO Amicus Curiae, #6 Declaration of Gary Fensler ISO Amicus Curiae)(Weiland, Paul) (Filed on 7/3/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 48 ADMINISTRATIVE MOTION Leave to File Reply to Federal Defendants' Response to Plaintiff's Motion for Preliminary Injunction re #44 Opposition/Response to Motion,,,,,, filed by Ben DuVal, Klamath Water Users Association, Sunnyside Irrigation District. Responses due by 7/6/2018. (Attachments: #1 Declaration Paul S. Simmons, #2 Proposed Order)(Simmons, Paul) (Filed on 7/2/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 47 MOTION to File Amicus Curiae Brief filed by Institute for Fisheries Resources, Klamath Riverkeeper, Pacific Coast Federation of Fishermen's Associations, Yurok Tribe. Motion Hearing set for 7/20/2018 09:00 AM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 7/2/2018. Replies due by 7/6/2018. (Attachments: #1 Declaration Patti A. Goldman, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9)(Boyles, Kristen) (Filed on 7/2/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 46 MOTION to File Amicus Curiae Brief and Amicus Brief filed by Hoopa Valley Tribe. Motion Hearing set for 7/13/2018 09:00 AM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 7/2/2018. (Schlosser, Thomas) (Filed on 7/2/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 45 ERRATA re #38 Opposition/Response to Motion,, by Ben DuVal, Klamath Water Users Association, Sunnyside Irrigation District. (Attachments: #1 Exhibit A-Decl. John Spranza, Exh. A-D, #2 Certificate/Proof of Service)(Simmons, Paul) (Filed on 6/28/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 44 OPPOSITION/RESPONSE (re #13 MOTION for Preliminary Injunction ) filed byNational Marine Fisheries Service, United States Bureau of Reclamation, United States Fish And Wildlife Service. (Attachments: #1 Exhibit A - FWS Technical Report, #2 Exhibit B - Klamath Basin Adjudication Post-Hearing Reply Brief, #3 Exhibit C - Biological Opinions, #4 Exhibit D - Memorandum from FWS to Reclamation Re: Amendment # 3 to the 2013 BiOp, #5 Exhibit E - Memorandum from FWS to Reclamation Re: Amendment # 4 to the 2013 BiOp, #6 Exhibit F - 2013 Incidental Take Report, #7 Exhibit G - 2015 Incidental Take Report, #8 Exhibit H - 2014 Incidental Take Report, #9 Exhibit I - 2016 Incidental Take Report, #10 Exhibit J - 2017 Incidental Take Report, #11 Exhibit K - Bottcher Declaration, #12 Exhibit L - Memorandum from Reclamation to FWS re: Proposed Refinement of Upper Klamath Lake Spring/Summer Threshold Elevation Calculations, #13 Exhibit M - Memorandum from FWS to Reclamation Re: Amendment the 2013 BiOp, #14 Exhibit N - Memorandum from Reclamation to FWS re: Proposed Refinement of Upper Klamath Lake Fall/Winter Threshold Elevation Calculations, #15 Exhibit O - Memorandum from FWS to Reclamation Re: Amendment # 2 to the 2013 BiOp, #16 Exhibit P - Email Exchange Re: May Threshold, #17 Exhibit Q - Hydrologic and Biologic Assessment, #18 Exhibit R - Letter from MacCourt to Burman, #19 Exhibit S - Letter from Reclamation to MacCourt, #20 Exhibit T - Janney Declaration)(Poirier, Kaitlyn) (Filed on 6/27/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 43 CERTIFICATE OF SERVICE by Ben DuVal, Klamath Water Users Association, Sunnyside Irrigation District re #40 Exhibits, #41 Declaration in Support, #38 Opposition/Response to Motion,, #39 Declaration in Support, #42 Declaration in Support, (Simmons, Paul) (Filed on 6/27/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 42 Declaration of Mark Johnson in Support of #38 Opposition/Response to Motion,, filed byBen DuVal, Klamath Water Users Association, Sunnyside Irrigation District. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Related document(s) #38 ) (Simmons, Paul) (Filed on 6/27/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 41 Declaration of John Spranza in Support of #38 Opposition/Response to Motion,, filed byBen DuVal, Klamath Water Users Association, Sunnyside Irrigation District. (Related document(s) #38 ) (Simmons, Paul) (Filed on 6/27/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 40 EXHIBITS re #38 Opposition/Response to Motion,, #39 Declaration in Support, Brad Kirby filed byBen DuVal, Klamath Water Users Association, Sunnyside Irrigation District. (Attachments: #1 Exhibit E, #2 Exhibit F, #3 Exhibit G, #4 Exhibit H, #5 Exhibit I, #6 Exhibit J)(Related document(s) #38 , #39 ) (Simmons, Paul) (Filed on 6/27/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 39 Declaration of Brad Kirby in Support of #38 Opposition/Response to Motion,, filed byBen DuVal, Klamath Water Users Association, Sunnyside Irrigation District. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Related document(s) #38 ) (Simmons, Paul) (Filed on 6/27/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 38 OPPOSITION/RESPONSE (re #13 MOTION for Preliminary Injunction ) filed byBen DuVal, Klamath Water Users Association, Sunnyside Irrigation District. (Attachments: #1 Declaration Donnie Boyd, #2 Declaration Shane Brollier, #3 Declaration Bryce Crawford, #4 Declaration Jason Flowers, #5 Declaration Tracey Liskey, #6 Declaration Luke Robison, #7 Declaration Marc Staunton, #8 Declaration Marshall Staunton, #9 Declaration Scott White)(Simmons, Paul) (Filed on 6/27/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 37 MOTION for leave to appear in Pro Hac Vice Application for Admission of Attorney Patti A. Goldman ( Filing fee $ 310, receipt number 0971-12470487.) filed by Institute for Fisheries Resources, Klamath Riverkeeper, Pacific Coast Federation of Fishermen's Associations, Yurok Tribe. (Boyles, Kristen) (Filed on 6/27/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 36 STIPULATION WITH PROPOSED ORDER Stipulation for Leave to Appear and File Amicus Curiae Briefs filed by Yurok Tribe, Pacific Coast Federation of Fishermen's Associations, Institute for Fisheries Resources, Klamath Riverkeeper. (Boyles, Kristen) (Filed on 6/27/2018) [Transferred from California Northern on 7/27/2018.] |
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Filing 35
ORDER ALLOWING PLAINTIFF TO EXCEED PAGE LIMITS IN OPPOSITION TO MOTIONS TO DISMISS by Judge William H. Orrick granting #34 Stipulation. (jmdS, COURT STAFF) (Filed on 6/25/2018) [Transferred from California Northern on 7/27/2018.]
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| Filing 34 STIPULATION WITH PROPOSED ORDER to Exceed Page Limits for Federal Defendants' and Defendant-Intervenors' Responses to Motion for Preliminary Injunction filed by National Marine Fisheries Service, United States Bureau of Reclamation, United States Fish And Wildlife Service. (Poirier, Kaitlyn) (Filed on 6/25/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 33 OPPOSITION/RESPONSE (re #18 MOTION to Dismiss , #17 MOTION to Dismiss for Lack of Jurisdiction ) Combined filed byThe Klamath Tribes. (Attachments: #1 Exhibit A-J)(Weiner, Jeremiah) (Filed on 6/25/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 32 STIPULATION & Proposed Order Allowing Plaintiff to Exceed Page Limits in Opposition to Motions to Dismiss filed by The Klamath Tribes. (Christian, Lucas) (Filed on 6/22/2018) [Transferred from California Northern on 7/27/2018.] |
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Filing 31
ORDER FOR EXTENSION OF TIME granting #30 STIPULATION (AS MODIFIED) Deadlines Reset as to #17 , #18 Motions to Dismiss. Responses due by 6/25/2018. Replies due by 7/6/2018. Motion Hearing set for 7/20/2018 09:00 AM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Signed by Judge William H. Orrick on 06/21/2018. (jmdS, COURT STAFF) (Filed on 6/21/2018) [Transferred from California Northern on 7/27/2018.]
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| Filing 30 STIPULATION WITH PROPOSED ORDER re #29 Notice of Withdrawal of Motion, #25 Stipulation and Order,, Set Motion and Deadlines/Hearings, For Extension of Time filed by The Klamath Tribes. (Weiner, Jeremiah) (Filed on 6/21/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 29 Notice of Withdrawal of #28 Motion for Extension of Time to File Response ; (Poirier, Kaitlyn) (Filed on 6/21/2018) Modified on 6/22/2018 (aaaS, COURT STAFF). [Transferred from California Northern on 7/27/2018.] |
| Reset Deadlines as to #13 MOTION for Preliminary Injunction pursuant to #31 Order. Responses due by 6/27/2018. Replies due by 7/10/2018. Motion Hearing set for 7/20/2018 09:00 AM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. (jmdS, COURT STAFF) (Filed on 6/21/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 28 MOTION for Extension of Time to File Response/Reply as to #13 MOTION for Preliminary Injunction (Expedited Consideration Requested) filed by National Marine Fisheries Service, United States Bureau of Reclamation, United States Fish And Wildlife Service. (Attachments: #1 Declaration, #2 Proposed Order)(Poirier, Kaitlyn) (Filed on 6/20/2018) [Transferred from California Northern on 7/27/2018.] |
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Filing 27
ORDER GRANTING KLAMATH WATER USERS ASSOCIATION, SUNNYSIDE IRRIGATION DISTRICT, AND BEN DUVAL'S #16 MOTION TO INTERVENE by Judge William H. Orrick. (jmdS, COURT STAFF) (Filed on 6/15/2018) [Transferred from California Northern on 7/27/2018.]
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| Filing 26 Statement re #16 MOTION to Intervene of Nonopposition by The Klamath Tribes. (Christian, Lucas) (Filed on 6/14/2018) [Transferred from California Northern on 7/27/2018.] |
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Filing 25
ORDER granting #19 Stipulation Requesting Order Changing Time - Deadlines reset as to #18 MOTION to Dismiss, #13 MOTION for Preliminary Injunction, #16 MOTION to Intervene, and #17 MOTION to Dismiss for Lack of Jurisdiction. Responses due by 6/22/2018. Replies due by 6/29/2018. Motion Hearing reset for 7/13/2018 09:00 AM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Signed by Judge William H. Orrick on 06/12/2018. (jmdS, COURT STAFF) (Filed on 6/12/2018) [Transferred from California Northern on 7/27/2018.]
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| Filing 24 CERTIFICATE OF SERVICE by The Klamath Tribes re #9 Summons Issued, #1 Complaint, via Certified Mail, Return Receipt Requested as to all Defendants (Christian, Lucas) (Filed on 6/12/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 23 CERTIFICATE OF SERVICE by The Klamath Tribes re #9 Summons Issued, #1 Complaint, as to Defendant US Fish & Wildlife Service (Christian, Lucas) (Filed on 6/12/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 22 CERTIFICATE OF SERVICE by The Klamath Tribes re #9 Summons Issued, #1 Complaint, as to Defendant National Marine Fisheries Service (Christian, Lucas) (Filed on 6/12/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 21 CERTIFICATE OF SERVICE by The Klamath Tribes re #9 Summons Issued, #1 Complaint, as to Defendant US Bureau of Reclamation (Christian, Lucas) (Filed on 6/12/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 20 NOTICE of Appearance by Thomas K Snodgrass Notice of Appearance for Federal Defendants (Snodgrass, Thomas) (Filed on 6/11/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 19 STIPULATION WITH PROPOSED ORDER Changing Time filed by National Marine Fisheries Service, United States Bureau of Reclamation, United States Fish And Wildlife Service. (Poirier, Kaitlyn) (Filed on 6/8/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 18 MOTION to Dismiss filed by National Marine Fisheries Service, United States Bureau of Reclamation, United States Fish And Wildlife Service. Motion Hearing set for 7/11/2018 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 6/22/2018. Replies due by 6/29/2018. (Attachments: #1 Exhibit Exhibit A - Biological Opinions, #2 Exhibit Exhibit B - Final Biological Assessment, #3 Exhibit Exhibit C - Senn Declaration, #4 Exhibit Exhibit D - Simondet Declaration, #5 Exhibit Exhibit E - Letter from Reclamation to MacCourt, #6 Exhibit Exhibit F - Bottcher Declaration, #7 Exhibit Exhibit G - Letter from MacCourt to Burman, et al., #8 Proposed Order)(Poirier, Kaitlyn) (Filed on 6/8/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 17 [PROPOSED] INTERVENORS'S NOTICE OF MOTION AND MOTION TO DISMISS FOR LACK OF VENUE PLAINTIFF'S COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF; filed by Ben DuVal, Klamath Water Users Association, Sunnyside Irrigation District. Motion Hearing set for 7/11/2018 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 6/20/2018. Replies due by 6/27/2018. (Attachments: #1 Declaration Earl Danosky, #2 Proposed Order, #3 Certificate/Proof of Service)(Simmons, Paul) (Filed on 6/6/2018) Modified on 6/7/2018 (aaaS, COURT STAFF). [Transferred from California Northern on 7/27/2018.] |
| Filing 16 MOTION to Intervene filed by Klamath Water Users Association, Sunnyside Irrigation District, Ben DuVal. Motion Hearing set for 7/11/2018 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 6/19/2018. Replies due by 6/26/2018. (Attachments: #1 Exhibit Attachment 1, #2 Exhibit Attachment 2, #3 Declaration of Ben DuVal, #4 Declaration of Gary Patrick Patterson, #5 Declaration of Scott White, #6 Proposed Order, #7 Certificate/Proof of Service)(Simmons, Paul) (Filed on 6/5/2018) [Transferred from California Northern on 7/27/2018.] |
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Filing 15
RELATED CASE ORDER - This matter is found to be related to Case No. 3:16cv4294-WHO. Signed by Judge William H. Orrick on 06/04/2018. (jmdS, COURT STAFF) (Filed on 6/4/2018) [Transferred from California Northern on 7/27/2018.]
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| Filing 14 Proposed Order re #13 MOTION for Preliminary Injunction by The Klamath Tribes. (Attachments: #1 Exhibit A)(Christian, Lucas) (Filed on 5/29/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 13 MOTION for Preliminary Injunction filed by The Klamath Tribes. Motion Hearing set for 7/11/2018 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 6/12/2018. Replies due by 6/19/2018. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Christian, Lucas) (Filed on 5/29/2018) [Transferred from California Northern on 7/27/2018.] |
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Filing 12
Order by Judge William H. Orrick granting #4 Motion for Pro Hac Vice by Jeremiah D. Weiner. (jmdS, COURT STAFF) (Filed on 5/25/2018) [Transferred from California Northern on 7/27/2018.]
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Filing 11
ORDER ON MOTION FOR LEAVE TO FILE EXCESS PAGES by Judge William H. Orrick granting #5 Motion for Leave to File Excess Pages. (jmdS, COURT STAFF) (Filed on 5/25/2018) [Transferred from California Northern on 7/27/2018.]
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| Filing 10 NOTICE of Appearance by Lucas Troy Christian (Christian, Lucas) (Filed on 5/25/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 9 Summons Issued as to National Marine Fisheries Service, United States Bureau of Reclamation, United States Fish And Wildlife Service. (aaaS, COURT STAFF) (Filed on 5/24/2018) [Transferred from California Northern on 7/27/2018.] |
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Filing 8
Initial Case Management Scheduling Order with ADR Deadlines: This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras Case Management Statement due by 8/14/2018. Initial Case Management Conference set for 8/21/2018 02:00 PM. Signed by Judge William H. Orrick on 5/24/18. (aaaS, COURT STAFF) (Filed on 5/24/2018) (Additional attachment(s) added on 5/24/2018: #1 Notice of Eligibility) (aaaS, COURT STAFF). [Transferred from California Northern on 7/27/2018.]
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| Filing 7 Case assigned to Judge William H. Orrick. 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. (srnS, COURT STAFF) (Filed on 5/24/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 6 Certificate of Interested Entities by The Klamath Tribes (Christian, Lucas) (Filed on 5/24/2018) Modified on 5/24/2018 (aaaS, COURT STAFF). [Transferred from California Northern on 7/27/2018.] |
| #Electronic filing error. Corrected by Clerk's Office. No further action is necessary. Re: #1 Complaint, filed by Klamath Tribes Parties Entered Incorrectly (aaa S, COURT STAFF) (Filed on 5/23/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 5 MOTION for Leave to File Excess Pages filed by The Klamath Tribes. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Christian, Lucas) (Filed on 5/23/2018) Modified on 5/24/2018 (aaaS, COURT STAFF). [Transferred from California Northern on 7/27/2018.] |
| Filing 4 MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice of Douglas C. MacCourt ( Filing fee $ 310, receipt number 0971-12379679.) filed by The Klamath Tribes. (MacCourt, Douglas) (Filed on 5/23/2018) Modified on 5/24/2018 (aaaS, COURT STAFF). [Transferred from California Northern on 7/27/2018.] |
| Filing 3 Civil Cover Sheet by The Klamath Tribes . (Christian, Lucas) (Filed on 5/23/2018) Modified on 5/24/2018 (aaaS, COURT STAFF). [Transferred from California Northern on 7/27/2018.] |
| Filing 2 Proposed Summons. (Christian, Lucas) (Filed on 5/23/2018) [Transferred from California Northern on 7/27/2018.] |
| Filing 1 COMPLAINT For Declaratory and Injunctive Relief ; JURY TRIAL DEMANDED; against All Defendants ( Filing fee $ 400, receipt number 0971-12379233.). Filed by The Klamath Tribes. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Christian, Lucas) (Filed on 5/23/2018) Modified on 5/24/2018 (aaaS, COURT STAFF). [Transferred from California Northern on 7/27/2018.] |
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