Docket Entries Since Last Update
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Court Dockets
U.S. District Court
Eastern District of California - Live System (Sacramento)
CIVIL DOCKET FOR CASE #: 2:19-cv-02142-WBS-EFB
Eastern District of California - Live System (Sacramento)
CIVIL DOCKET FOR CASE #: 2:19-cv-02142-WBS-EFB
USA v. State of California et al
DOCKET INFORMATION
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| Plaintiff |
United States of America
Plaintiff
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| Representation | |||
| Paul Emmanuel Salamanca U.S. Department of Justice 950 Pennsylvania Avenue, N.W. Washington, DC 20530 (202) 598-7264 Fax: (202) 514-0557 TERMINATED: 01/15/2021 LEAD ATTORNEY | Peter James McVeigh , GOVT Department Of Justice 950 Pennsylvania Avenue, N.W. Room 2612 Washington, DC 20530 (202) 514-4642 Fax: (202) 514-4231 peter.mcveigh@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED | Jonathan D Brightbill , GOVT US Department Of Justice 950 Pennsylvania Ave., NW Washington, DC 20530 (202) 514-2701 jonathan.brightbill@usdoj.gov Environment And Natural Resouce Division TERMINATED: 02/02/2021 ATTORNEY TO BE NOTICED | |
| Defendant |
State of California
Defendant
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| Representation | |||
| Margaret Elaine Meckenstock Office of the Attorney General 1515 Clay Street 20th Floor Oakland, CA 94612 (510) 879-0299 Fax: (510) 622-2272 Elaine.Meckenstock@doj.ca.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED | Michael P. Cayaban, California Office of the Attorney General 600 West Broadway Suite 1800 San Diego, CA 92101 (619) 738-9313 Fax: (619) 645-2271 mike.cayaban@doj.ca.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED | Michael Stephen Dorsi California Department of Justice 455 Golden Gate Ave. Suite 11000 San Francisco, CA 94102 (415) 510-3802 Michael.Dorsi@doj.ca.gov Attorney General's Office LEAD ATTORNEY ATTORNEY TO BE NOTICED | |
| Phillip M. Hoos California Department of Justice 600 W. Broadway Suite 1800 San Diego, CA 92101 (619) 738-9301 Fax: (619) 645-2271 phillipm.hoos@doj.ca.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED | Theodore Alfred Bellman McCombs California Department of Justice 600 W. Broadway Suite 1800 San Diego, CA 92186-5266 (619) 738-9003 theodore.mccombs@doj.ca.gov ATTORNEY TO BE NOTICED | ||
| Defendant |
Mary D. Nichols Chairman, in her official capacity as Chair of the California Air Resources BoardDefendant
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| Representation | |||
| Margaret Elaine Meckenstock (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED | Michael P. Cayaban (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED | Michael Stephen Dorsi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED | |
| Monica Hans Folsom Delfino Madden O'Malley Coyle Koewler 500 Capitol Mall Suite 1550 Sacramento, CA 95814 (916) 661-5700 Fax: (916) 661-5701 mfolsom@delfinomadden.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | Phillip M. Hoos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED | Kristin Nicole Ivanco Delfino Madden O'Malley Coyle Koewler 500 Capital Mall Suite 1550 Sacramento, CA 95814 (916) 661-5700 Fax: (916) 661-5701 kivanco@delfinomadden.com ATTORNEY TO BE NOTICED | |
| Theodore Alfred Bellman McCombs (See above for address) ATTORNEY TO BE NOTICED | |||
| Defendant |
State of Oregon
Defendant
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| Representation | |||
| Jeanne Nicole DeFever Oregon Department of Justice 100 SW Market Street Portland, OR 97201 (971) 673-5023 nicole.defever@doj.state.or.us LEAD ATTORNEY ATTORNEY TO BE NOTICED | Seth Throop Karpinski Oregon Department of Justice 1162 Court St NE Salem, OR 97301 (541) 686-7873 Fax: (503) 947-4792 seth.t.karpinski@doj.state.or.us TERMINATED: 03/27/2020 | ||
| Amicus |
Professors of Foreign Relations Law
Amicus
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| Representation | |||
| Richard Michael Frank U.C. Davis School of Law PO Box 944255 University Of, California P.O. Box 944255, 400 Mrak Hall Drive Davis, CA 95616 (530) 752-7422 Rmfrank@ucdavis.edu LEAD ATTORNEY ATTORNEY TO BE NOTICED | |||
| Amicus |
The Nature Conservancy
Amicus
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| Representation | |||
| Gary Guzy , PHV Covington & Burling LLP One CityCenter 850 Tenth St NW Washington, DC 20001 (202) 662-5978 Fax: (202) 778-5978 Gguzy@cov.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | Jack Mizerak , PHV Covington & Burling LLP One CityCenter 850 Tenth Street, NW Washington, DC 20001 (202) 662-5099 Fax: (202) 778-5099 JMizerak@cov.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | Kevin James Poloncarz Covington & Burling LLP 415 Mission Street Suite 5400 San Francisco, CA 94105 (415) 591-7070 Fax: (415) 591-6091 kpoloncarz@cov.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | |
| Lindsay Brewer , PHV Covington & Burling LLP One CityCenter 850 Tenth Street NW Washington, DC 20001 (202) 662-5409 Fax: (202) 778-5409 LBrewer@cov.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | Jacob Caplan Levine Covington & Burling, LLP 1999 Svenue of the Stars Suite 3500 Los Angeles, CA 90067-4643 (424) 332-4776 jclevine@cov.com ATTORNEY TO BE NOTICED | ||
| Amicus |
Former U.S. Diplomats and Government Officials
Amicus
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| Representation | |||
| A. Marisa Chun Crowell & Moring LLP 3 Embarcadero Center, 26th Floor San Francisco, CA 94111 (415) 365-7408 Fax: (415) 986-2827 mchun@crowell.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | Harold Hongju Koh , PHV Peter Gruber Rule of Law Clinic P.O. Box 208215 New Haven, CT 06520 (203) 432-4932 Fax: (203) 432-4822 harold.koh@ylsclinics.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | ||
| Intervenor |
Environmental Defense Fund
Intervenor
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| Representation | |||
| Matthew D. Zinn Shute Mihaly & Weinberg 396 Hayes Street San Francisco, CA 94102 (415) 552-7272 Fax: (415) 552-5816 zinn@smwlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | Patrick Laughlin Woolsey Shute Mihaly & Weinberger LLP 396 Hayes Street San Francisco, CA 94102 (415) 552-7272 Fax: (415) 552-5816 pwoolsey@smwlaw.com ATTORNEY TO BE NOTICED | ||
| Intervenor |
International Emissions Trading Association
Intervenor
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| Representation | |||
| Nicholas W. van Aelstyn Sheppard Mullin Richter & Hampton LLP 4 Embarcadero Center 17th Floor San Francisco, CA 94111 (415) 434-9100 Fax: (415) 434-3947 NvanAelstyn@sheppardmullin.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | Zachary Michael Norris Sheppard, Mullin, Richter & Hampton 333 S Hope St, 43rd Fl Los Angeles, CA 90071-1422 (213) 620-1780 Fax: (213) 620-1398 znorris@sheppardmullin.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | ||
Numbers shown are court assigned numbers.
| Entry | Filed | Description | |
|---|---|---|---|
| 1 | Oct 23, 2019 | View | COMPLAINT against All Defendants by United States of America. Attorney Salamanca, Paul Emmanuel added. (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C, # 4 Civil Cover Sheet)(Salamanca, Paul) (Entered: 10/23/2019) |
| 2 | Oct 23, 2019 | View | SUMMONS ISSUED as to *Richard Bloom, Jared Blumenfeld, California Air Resources Board, Kip Lipper, Gavin C. Newsom, Mary D. Nichols, State of California, Western Climate Initiative, Inc* with answer to complaint due within *21* days. Attorney *Paul Emmanuel Salamanca* *U.S. Department Of Justice* *950 Pennsylvania Avenue, N.W.* *Washington, DC 20530*. (Tupolo, A) (Entered: 10/23/2019) |
| 3 | Oct 23, 2019 | View | CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 3/2/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: # 1 Consent Form, # 2 VDRP) (Tupolo, A) (Entered: 10/23/2019) |
| 4 | Nov 5, 2019 | Request | SUMMONS RETURNED EXECUTED on 10/29/19 for All Defendants. (Salamanca, Paul) Modified on 11/6/2019 (Kastilahn, A). (Entered: 11/05/2019) |
| 5 | Nov 5, 2019 | Request | CERTIFICATE of SERVICE by United States of America re 4 Summons Returned Executed. (Attachments: # 1 Return of Service)(Salamanca, Paul) (Entered: 11/05/2019) |
| 6 | Nov 14, 2019 | Request | SUMMONS RETURNED EXECUTED: Jared Blumenfeld, Mary D. Nichols, Western Climate Initiative, Inc. served on 11/8/2019, answer due 11/29/2019. (Salamanca, Paul) Modified on 11/15/2019 (Benson, A.). (Entered: 11/14/2019) |
| 7 | Nov 19, 2019 | View | FIRST AMENDED COMPLAINT against All Defendants by United States of America. (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C, # 4 Civil Cover Sheet)(Salamanca, Paul) (Entered: 11/19/2019) |
| 8 | Nov 19, 2019 | View | STIPULATION and PROPOSED ORDER for extension of time to respond to amended complaint by Jared Blumenfeld, California Air Resources Board, Gavin C. Newsom, Mary D. Nichols, State of California. Attorney Meckenstock, Margaret Elaine added. (Meckenstock, Margaret) (Entered: 11/19/2019) |
| 9 | Nov 20, 2019 | Request | CERTIFICATE of SERVICE by United States of America re 7 Amended Complaint. (Salamanca, Paul) (Entered: 11/20/2019) |
| 10 | Nov 20, 2019 | Request | DESIGNATION of COUNSEL FOR SERVICE. Added attorney Michael Stephen Dorsi for Jared Blumenfeld, California Air Resources Board, Gavin C. Newsom, Mary D. Nichols, State of California (Dorsi, Michael) (Entered: 11/20/2019) |
| 11 | Nov 22, 2019 | View | STIPULATION and ORDER signed by District Judge John A. Mendez on 11/22/2019 ORDERING that the date for all defendants to answer or move to dismiss is EXTENDED to 1/6/2020. (Zignago, K.) (Entered: 11/22/2019) |
| 12 | Dec 11, 2019 | View | MOTION FOR SUMMARY JUDGMENT by United States of America. Motion Hearing set for 1/13/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: # 1 Statement of Undisputed Fact, # 2 Declaration, # 3 Notice of Lodging of Exhibits, # 4 Proposed Order)(Salamanca, Paul) Modified on 12/11/2019 (Benson, A.). (Entered: 12/11/2019) |
| 13 | Dec 11, 2019 | Request | CERTIFICATE of SERVICE of 12 Motion by United States of America. (Salamanca, Paul) Modified on 12/11/2019 (Benson, A.). (Entered: 12/11/2019) |
| 14 | Dec 11, 2019 | Request | DESIGNATION of COUNSEL FOR SERVICE. Added attorney Monica Hans Folsom for Richard Bloom, Jared Blumenfeld, Kip Lipper, Mary D. Nichols and Western Climate Initiative, Inc. (Folsom, Monica) Modified on 12/11/2019 (Benson, A.). (Entered: 12/11/2019) |
| Dec 12, 2019 | ACKNOWLEDGEMENT OF RECEIPT of Exhibits on flash drive from Paul E. Salamanca re 12 Notice of Lodging. (Coll, A) (Entered: 12/12/2019) | ||
| 15 | Dec 13, 2019 | Request | MOTION to CONTINUE hearing re Summary Judgment by Defendants(Attachments: # 1 Declaration Meckenstock, # 2 Exhibit C - J, # 3 Declaration Folsom, # 4 Proposed Order)(Meckenstock, Margaret) Modified on 12/23/2019 (Mena-Sanchez, L). (Entered: 12/13/2019) |
| 16 | Dec 13, 2019 | View | REQUEST for JUDICIAL NOTICE by Defendants in SUPPORT of 15 Motion. (Attachments: # 1 Exhibit A - B)(Meckenstock, Margaret) Modified on 12/23/2019 (Mena-Sanchez, L). (Entered: 12/13/2019) |
| 17 | Dec 13, 2019 | View | EX PARTE APPLICATION to SHORTEN TIME on Scheduling Motion and Extend time to respond to Motion for Summary Judgment by Defendants (Attachments: # 1 Proposed Order)(Dorsi, Michael) Modified on 12/23/2019 (Mena-Sanchez, L). (Entered: 12/13/2019) |
| 18 | Dec 16, 2019 | View | OPPOSITION by United States of America to 17 Motion to Shorten Time,. (Salamanca, Paul) (Entered: 12/16/2019) |
| 19 | Dec 16, 2019 | View | ORDER signed by Senior Judge William B. Shubb on 12/16/2019 GRANTING 17 Defendants' Motion to Shorten Time for Scheduling Motion and Extend Time to Respond to Motion for Summary Judgment: Defendants' Motion to Take Plaintiff's Motion for Summary Judgment Off Calendar or, in the Alternative, to Continue Plaintiff's Motion 15 , is GRANTED. Defendants shall file their responsive pleading to the First Amended Complaint no later than 1/6/2020, in accordance with the parties' previous stipulation. 11 Defendants shall respond to Plaintiff's Motion for Summary Judgment 12 , by 2/10/2020, and hearing on that motion is reset for 2/24/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K) (Entered: 12/16/2019) |
| 20 | Dec 17, 2019 | View | CORPORATE DISCLOSURE STATEMENT by Defendant Western Climate Initiative, Inc.. (Folsom, Monica) (Entered: 12/17/2019) |
| 21 | Dec 19, 2019 | Request | ASSOCIATION of ATTORNEY: Added attorney Phillip M. Hoos for Jared Blumenfeld, California Air Resources Board, Gavin C. Newsom, Mary D. Nichols, and State of California. (Hoos, Phillip) Modified on 12/23/2019 (Mena-Sanchez, L). (Entered: 12/19/2019) |
| 22 | Dec 19, 2019 | Request | ASSOCIATION of ATTORNEY: Added attorney Michael P. Cayaban for Jared Blumenfeld, California Air Resources Board, Gavin C. Newsom, Mary D. Nichols, and State of California. (Cayaban, Michael) Modified on 12/23/2019 (Mena-Sanchez, L). (Entered: 12/19/2019) |
| 23 | Dec 23, 2019 | View | MOTION to INTERVENE by Environmental Defense Fund, Natural Resources Defense Council. Attorney Zinn, Matthew D. added. Motion Hearing set for 1/27/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: # 1 Declaration of Matthew Zinn, # 2 Declaration of Alex Jackson, # 3 Declaration of James Fine, # 4 Proposed Order, # 5 Answer to Amended Complaint, # 6 Corporate Disclosure Statement)(Zinn, Matthew) Modified on 12/26/2019 (Coll, A). (Entered: 12/23/2019) |
| 24 | Jan 6, 2020 | View | ANSWER by California Air Resources Board, Gavin C. Newsom, Mary D. Nichols, State of California.(Dorsi, Michael) (Entered: 01/06/2020) |
| 25 | Jan 6, 2020 | View | MOTION to DISMISS for LACK of JURISDICTION by Richard Bloom, et al., Motion Hearing set for 2/10/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: # 1 Proposed Order)(Meckenstock, Margaret) Modified on 1/10/2020 (Becknal, R). (Entered: 01/06/2020) |
| 26 | Jan 6, 2020 | View | REQUEST for JUDICIAL NOTICE re Defendants' 25 Motion to Dismiss. (Attachments: # 1 Exhibit A-F)(Meckenstock, Margaret) (Entered: 01/06/2020) |
| 27 | Jan 6, 2020 | View | MOTION to INTERVENE by International Emissions Trading Association. Attorney van Aelstyn, Nicholas W. added. Motion Hearing set for 1/27/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: # 1 Proposed Order, # 2 Proposed Answer)(van Aelstyn, Nicholas) (Entered: 01/06/2020) |
| 28 | Jan 6, 2020 | Request | STIPULATION and PROPOSED ORDER for Shortening of Time for Hearing Date on International Emission Trading Association's Unopposed 27 Motion to Intervene by International Emissions Trading Association. (Attachments: # 1 Proposed Order)(van Aelstyn, Nicholas) (Entered: 01/06/2020) |
| 29 | Jan 6, 2020 | Request | CORPORATE DISCLOSURE STATEMENT by Intervenor International Emissions Trading Association. (van Aelstyn, Nicholas) (Entered: 01/06/2020) |
| 30 | Jan 7, 2020 | View | ORDER signed by Senior Judge William B. Shubb on 1/7/2020 ORDERING the hearing on the International Emissions Trading Association's Unopposed Motion to Intervene shall be scheduled for 1/27/2020, at 1:30 p.m. in Courtroom 5 (WBS).(Becknal, R) (Entered: 01/07/2020) |
| 31 | Jan 13, 2020 | Request | STATEMENT of NON-OPPOSITION by Richard Bloom et al to 27 Motion to Intervene. (Folsom, Monica) (Entered: 01/13/2020) |
| 32 | Jan 13, 2020 | Request | STATEMENT of NON-OPPOSITION by Richard Bloom et al to 23 Motion to Intervene. (Folsom, Monica) (Entered: 01/13/2020) |
| 33 | Jan 13, 2020 | Request | STATEMENT of NON-OPPOSITION by Jared Blumenfeld et al to 23 & 27 Motions to Intervene. (Dorsi, Michael) (Entered: 01/13/2020) |
| 34 | Jan 14, 2020 | View | STATEMENT of NON-OPPOSITION by United States of America to 27 Motion to Intervene, 23 Motion to Intervene,. (Salamanca, Paul) (Entered: 01/14/2020) |
| 35 | Jan 15, 2020 | View | ORDER signed by Senior Judge William B. Shubb on 1/14/2020 GRANTING 23 and 27 Motions to Intervene, without prejudice to the right of the United States to object to any intervening defendant's Article III standing in this action. The hearing set for 1/27/2020 is VACATED. (Huang, H) (Entered: 01/15/2020) |
| 36 | Jan 27, 2020 | View | OPPOSITION by United States of America to 25 Motion to Dismiss/Lack of Jurisdiction,. (Attachments: # 1 Request for Judicial Notice)(Salamanca, Paul) Modified on 1/28/2020 (Mena-Sanchez, L). (Entered: 01/27/2020) |
| 37 | Jan 28, 2020 | View | NOTICE The Court by United States of America. (Salamanca, Paul) (Entered: 01/28/2020) |
| 38 | Jan 31, 2020 | View | STIPULATION and PROPOSED ORDER to Continue Pretrial Scheduling Conference by Jared Blumenfeld, et al., . (Attachments: # 1 Proposed Order)(Dorsi, Michael) Modified on 1/31/2020 (Kirksey Smith, K). (Entered: 01/31/2020) |
| 39 | Feb 3, 2020 | View | EX PARTE APPLICATION FOR SCHEDULING ORDER re 12 Motion for Summary Judgment, 19 Order by Richard Bloom, et al., (Attachments: # 1 Declaration, # 2 Exhibits 1-2, # 3 Proposed Order)(Dorsi, Michael) (Entered: 02/03/2020) |
| 40 | Feb 3, 2020 | View | REPLY to 25 Motion to Dismiss by Richard Bloom, et al., (Meckenstock, Margaret) Modified on 2/4/2020 (York, M). (Entered: 02/03/2020) |
| 41 | Feb 4, 2020 | View | ORDER signed by Senior Judge William B. Shubb on 2/3/2020 CONTINUING the Initial Scheduling Conference to 4/27/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb, and a Joint Status Report shall be filed no later than 4/13/2020. (Reader, L) (Entered: 02/04/2020) |
| 42 | Feb 4, 2020 | View | RESPONSE by United States of America to 39 Ex Parte Application . (Attachments: # 1 Declaration) (Salamanca, Paul) Modified on 2/5/2020 (York, M). (Entered: 02/04/2020) |
| 43 | Feb 6, 2020 | Request | ORDER DENYING 39 State of California's Ex Parte Application for Scheduling Order signed by Senior Judge William B. Shubb on 2/6/2020: The court adopts the following deadlines: 1) On 2/10/2020: Defendants will file opposition(s) and cross-motion(s) for summary judgment; 2) On 2/18/2020: Amici, if any, shall submit briefs; 3) On 2/24/2020: Plaintiff shall file its opposition to cross-motions for summary judgment and its responses to amici, if any; 4) On 3/2/2020: Defendants shall file replies in support of their cross-motions for summary judgment; and 5) the hearing on cross-motions for summary judgment is set for 3/9/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K) (Entered: 02/06/2020) |
| 44 | Feb 7, 2020 | Request | MINUTE ORDER (TEXT ONLY): On the Court's own motion, the parties are hereby notified that the hearing on 25 the WCI, Inc. Defendants and Blumenfeld's Motion to Dismiss is continued from 2/10/2020 to 2/24/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K) (Entered: 02/07/2020) |
| 45 | Feb 10, 2020 | View | OPPOSITION by Richard Bloom, Jared Blumenfeld, Kip Lipper, Mary D. Nichols, Western Climate Initiative, Inc. to 12 Motion for Summary Judgment. (Attachments: # 1 Declaration, # 2 Response to Separate Statement, # 3 Separate Statement of Material Facts)(Folsom, Monica) Modified on 2/11/2020 (York, M). (Entered: 02/10/2020) |
| 46 | Feb 10, 2020 | View | CROSS-MOTION FOR SUMMARY JUDGMENT by Richard Bloom, Jared Blumenfeld, Kip Lipper, Mary D. Nichols, Western Climate Initiative, Inc. Motion Hearing set for 3/9/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Response to Separate Statement, # 4 Separate Statement of Material Facts, # 5 Proposed Order)(Folsom, Monica) Modified on 2/11/2020 (York, M). (Entered: 02/10/2020) |
| 47 | Feb 10, 2020 | View | OPPOSITION by International Emissions Trading Association to 12 Motion for Summary Judgment. Attorney Norris, Zachary Michael added. (Attachments: # 1 Response to Statement of Unidsputed Facts)(Norris, Zachary) Modified on 2/11/2020 (York, M). (Entered: 02/10/2020) |
| 48 | Feb 10, 2020 | View | OPPOSITION by Environmental Defense Fund, Natural Resources Defense Council to 12 Motion for Summary Judgment. (Attachments: # 1 Response to Statement of Undisputed Facts, # 2 Joinder in Defendants' Statement of Undisputed Facts, # 3 Proposed Order)(Zinn, Matthew) Modified on 2/11/2020 (York, M). (Entered: 02/10/2020) |
| 49 | Feb 10, 2020 | View | OPPOSITION to 12 Motion for Summary Judgment by Jet al., (Attachments: # 1 Declaration of Rajinder Sahota, # 2 Declaration of Michael S. Dorsi, # 3 Exhibits 1-17, # 4 Response to Statement of Undisputed Facts, # 5 Statement of Undisputed Facts, # 6 Objections to Evidence)(Meckenstock, Margaret) Modified on 2/11/2020 (York, M). (Entered: 02/10/2020) |
| 50 | Feb 10, 2020 | View | CROSS-MOTION FOR SUMMARY JUDGMENT and OPPOSITION to 12 Motion for Summary Judgment by Jared Blumenfeld, California Air Resources Board, Gavin C. Newsom, Mary D. Nichols, State of California. Motion Hearing set for 3/9/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: # 1 Memorandum, # 2 Declaration of Rajinder Sahota, # 3 Declaration of Michael S. Dorsi, # 4 ExhibitS 1-17, # 5 Statement of Undisputed Facts, # 6 Response to Statement of Undisputed Facts, # 7 Proposed Order)(Meckenstock, Margaret) Modified on 2/11/2020 (York, M). (Entered: 02/10/2020) |
| 51 | Feb 10, 2020 | View | REQUEST for JUDICIAL NOTICE in SUPPORT of 49 Opposition to Motion, 50 Cross-Motion for Summary Judgment by Jared Blumenfeld, California Air Resources Board, Gavin C. Newsom, Mary D. Nichols, State of California. (Meckenstock, Margaret) Modified on 2/11/2020 (York, M). (Entered: 02/10/2020) |
| 52 | Feb 14, 2020 | Request | APPLICATION to Shorten Time for Setting of Hearing on Professors of Foreign Relations Law's Motion to File Amici Curiae Brief; Affidavit and PROPOSED ORDER by Professors of Foreign Relations Law. Attorney Frank, Richard M. added. (Frank, Richard) (Entered: 02/14/2020) |
| 53 | Feb 14, 2020 | View | MOTION FOR LEAVE to File Amici Curiae Brief re 52 Application, by Professors of Foreign Relations Law. Motion Hearing set for 3/9/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Frank, Richard) Modified on 2/19/2020 (Kastilahn, A). (Entered: 02/14/2020) |
| 54 | Feb 14, 2020 | View | BRIEF of Amici Curiae filed by Professors of Foreign Relations Law. (Frank, Richard) (Entered: 02/14/2020) |
| 55 | Feb 18, 2020 | Request | PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by The Nature Conservancy for attorney Lindsay Brewer to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8743150) (Poloncarz, Kevin) (Entered: 02/18/2020) |
| 56 | Feb 18, 2020 | Request | PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by The Nature Conservancy for attorney Jack Mizerak to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8743192) (Poloncarz, Kevin) (Entered: 02/18/2020) |
| 57 | Feb 18, 2020 | Request | PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by The Nature Conservancy for attorney Gary Guzy to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8743302) (Poloncarz, Kevin) (Entered: 02/18/2020) |
| 58 | Feb 18, 2020 | Request | NOTICE of APPEARANCE by Kevin James Poloncarz on behalf of The Nature Conservancy. (Poloncarz, Kevin) (Entered: 02/18/2020) |
| 59 | Feb 18, 2020 | View | MOTION for Leave to File Amicus Curiae Brief in Support of Defendants' 50 Motion for Summary Judgment by The Nature Conservancy. Motion Hearing set for 2/24/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: # 1 Proposed Amicus Curiae Brief, # 2 Proposed Order)(Poloncarz, Kevin) Modified on 2/19/2020 (Kastilahn, A). (Entered: 02/18/2020) |
| 60 | Feb 18, 2020 | Request | MINUTE ORDER (TEXT ONLY): The parties are hereby notified that 59 The Nature Conservancy's Motion for Leave to File Amicus Curiae Brief has been improperly noticed for hearing pursuant to Local Rule 230(b). The filer is instructed to immediately e-file the required application and request for leave to shorten time, along with a proposed order, in order to have the motion heard on an earlier date pursuant to Local Rule 144(e). The parties are further instructed to review the Local Rules and Judge Shubb's calendaring information on the court website for available hearing dates prior to filing any motions. (Kirksey Smith, K) (Entered: 02/18/2020) |
| 61 | Feb 18, 2020 | Request | MOTION FOR LEAVE to File Brief of Amici Curiae The States of Oregon, Connecticut, Delaware, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New York, Rhode Island, Vermont, Washington, and The Commonwealth of Massachusetts, by State Of Oregon. Attorney Karpinski, Seth Throop added. Motion Hearing set for 3/9/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: # 1 Proposed Order)(Karpinski, Seth) Modified on 2/20/2020 (Kastilahn, A). (Entered: 02/18/2020) |
| 62 | Feb 18, 2020 | View | BRIEF of Amici Curiae The States of Oregon, Connecticut, Delaware, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New York, Rhode Island, Vermont, Washington, and the Commonwealth of Massachusetts, filed by State Of Oregon. (Attachments: # 1 Appendix - Attachment 1, # 2 Appendix - Attachment 2)(Karpinski, Seth) Modified on 2/20/2020 (Kastilahn, A). (Entered: 02/18/2020) |
| 63 | Feb 18, 2020 | Request | STIPULATION and PROPOSED ORDER for Order to Shorten Time for Hearing of Motions of Proposed Amici for Leave to File Briefs as Amici Curiae by State Of Oregon. (Attachments: # 1 Proposed Order )(Karpinski, Seth) Modified on 2/20/2020 (Kastilahn, A). (Entered: 02/18/2020) |
| 64 | Feb 18, 2020 | View | PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Former U.S. Diplomats and Government Officials for attorney Harold Hongju Koh to appear Pro Hac Vice. Attorney Chun, A. Marisa added. (Filing fee $ 225, receipt number 0972-8744645) (Chun, A.) (Entered: 02/18/2020) |
| 65 | Feb 18, 2020 | View | MOTION Leave to File Amici Curiae Brief re 49 Opposition to Motion, 50 Motion for Summary Judgment, by Former U.S. Diplomats and Government Officials. Motion Hearing set for 2/24/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: # 1 Exhibit A - Proposed Amici Brief, # 2 Proposed Order)(Chun, A.) (Entered: 02/18/2020) |
| 66 | Feb 19, 2020 | Request | PRO HAC VICE ORDER signed by Senior Judge William B. Shubb on 2/19/2020. Added attorney Lindsay Brewer, PHV for The Nature Conservancy. (Coll, A) (Entered: 02/19/2020) |
| 67 | Feb 19, 2020 | Request | PRO HAC VICE ORDER signed by Senior Judge William B. Shubb on 2/19/2020. Added attorney Gary Guzy, PHV for The Nature Conservancy. (Coll, A) (Entered: 02/19/2020) |
| 68 | Feb 19, 2020 | Request | PRO HAC VICE ORDER signed by Senior Judge William B. Shubb on 2/19/2020. Added attorney Harold Hongju Koh, PHV for Former U.S. Diplomats and Government Officials. (Coll, A) (Entered: 02/19/2020) |
| 69 | Feb 19, 2020 | Request | PRO HAC VICE ORDER signed by Senior Judge William B. Shubb on 2/19/2020. Added attorney Jack Mizerak, PHV for The Nature Conservancy. (Coll, A) (Entered: 02/19/2020) |
| 70 | Feb 20, 2020 | Request | ORDER signed by Senior Judge William B. Shubb on 2/19/2020 GRANTING 65 Motion for leave to file a brief as amici curiae, as to the Former U.S. Diplomats and Government Officials, and the proposed amici curiae brief attached to said motion is DEEMED filed. (Reader, L) (Entered: 02/20/2020) |
| 71 | Feb 20, 2020 | Request | ORDER signed by Senior Judge William B. Shubb on 2/19/2020 GRANTING 61 Motion for leave to file a brief as amici curiae, as to the States of Oregon, et al and the proposed amici curiae brief attached to said motion is DEEMED filed. (Reader, L) (Entered: 02/20/2020) |
| 72 | Feb 20, 2020 | Request | ORDER signed by Senior Judge William B. Shubb on 2/19/2020 GRANTING 59 the Unopposed Motion for leave to file a brief as amici curiae, as to the Nature Conservancy. (Reader, L) (Entered: 02/20/2020) |
| 73 | Feb 20, 2020 | Request | ORDER signed by Senior Judge William B. Shubb on 2/19/2020 GRANTING 53 Motion for leave to file a brief as amici curiae, as to the Professors of Foreign Relations Law. (Reader, L) (Entered: 02/20/2020) |
| 74 | Feb 20, 2020 | Request | NOTICE of APPEARANCE by Jacob Caplan Levine on behalf of The Nature Conservancy. Attorney Levine, Jacob Caplan added. (Levine, Jacob) (Entered: 02/20/2020) |
| 75 | Feb 21, 2020 | Request | NOTICE of APPEARANCE by Patrick Laughlin Woolsey on behalf of Environmental Defense Fund, Natural Resources Defense Council. Attorney Woolsey, Patrick Laughlin added. (Woolsey, Patrick) (Entered: 02/21/2020) |
| 76 | Feb 24, 2020 | Request | NOTICE of APPEARANCE by Kristin Nicole Ivanco on behalf of Richard Bloom, Jared Blumenfeld, Kip Lipper, Mary D. Nichols, Western Climate Initiative, Inc.. Attorney Ivanco, Kristin Nicole added. (Ivanco, Kristin) (Entered: 02/24/2020) |
| 77 | Feb 24, 2020 | Request | MINUTES (Text Only) for proceedings before Senior Judge William B. Shubb: MOTION HEARING held on 2/24/2020 re 25 WCI, Inc. Defendants and Blumenfeld's Motion to Dismiss. Counsel argue. MOTION SUBMITTED. The Court shall prepare and issue a separate order. Plaintiff's Counsel Paul Salamanca, Jonathan Brightbill present. Defendants' Counsel Elaine Meckentock, Kristin Ivanco, Monica Folsom present. Court Reporter: Kimberly Bennett. (Kirksey Smith, K) (Entered: 02/24/2020) |
| 78 | Feb 24, 2020 | View | REPLY BRIEF by United States of America in support of 12 Motion for Summary Judgment and in OPPOSTION to 46 Motion for Summary Judgment, 50 Motion for Summary Judgment. (Attachments: # 1 Statement, # 2 Declaration, # 3 Notice of Lodging, # 4 Response)(Salamanca, Paul) Modified on 2/26/2020 (Mena-Sanchez, L). (Entered: 02/24/2020) |
| 79 | Feb 26, 2020 | View | ORDER re 25 Motion to Dismiss for Lack of Jurisdiction signed by Senior Judge William B. Shubb on 2/26/2020: IT IS ORDERED that the motion to dismiss for lack of subject matter jurisdiction and failure to state a claim 25 be, and the same thereby is, GRANTED with respect to defendants Kip Lipper and Richard Bloom, and DENIED with respect to all other parties. (Kirksey Smith, K) (Entered: 02/26/2020) |
| 80 | Feb 26, 2020 | View | ORDER signed by Senior Judge William B. Shubb on 2/26/2020: The court notes that although the First Amended Complaint in this action contains four causes of action the parties in their cross-motions have moved for summary judgment only on the Article I Treaty Clause and Compact Clause claims. (Docket Nos. 12 , 46 , 50 .) The court does not wish to decide this case piecemeal unless necessary. Therefore, on or before Monday, 3/2/2020 at Noon (PST), each of the parties is hereby ORDERED to provide a short supplemental brief explaining the reasons why they have not also moved for summary judgment on the Foreign Affairs Doctrine and Foreign Commerce Clause claims. (Kirksey Smith, K) (Entered: 02/26/2020) |
| Feb 27, 2020 | ACKNOWLEDGEMENT OF RECEIPT of 78 Lodged Documents (Document 78-3) of Exhibit 35 to Second Declaration of Rachel Iacangelo (pdf documents, routed to Chambers and flash drive, routed to File Room) from Paul Salamanca. (Text only entry) (York, M) (Entered: 02/27/2020) | ||
| 81 | Mar 2, 2020 | View | RESPONSE by Environmental Defense Fund to 12 Motion for Summary Judgment. (Zinn, Matthew) (Entered: 03/02/2020) |
| 82 | Mar 2, 2020 | View | RESPONSE by Jared Blumenfeld, et al., to 80 Order. (Dorsi, Michael) Modified on 3/4/2020 (Kastilahn, A). (Entered: 03/02/2020) |
| 83 | Mar 2, 2020 | View | RESPONSE by Western Climate Initiative, Inc., to 80 Order. (Folsom, Monica) Modified on 3/4/2020 (Kastilahn, A). (Entered: 03/02/2020) |
| 84 | Mar 2, 2020 | View | SUPPLEMENTAL BRIEF by United States of America re 80 Order. (Salamanca, Paul) Modified on 3/4/2020 (Kastilahn, A). (Entered: 03/02/2020) |
| 85 | Mar 2, 2020 | View | REPLY by Western Climate Initiative, Inc., re 78 Reply to Response to Motion, 46 Motion for Summary Judgment. (Attachments: # 1 Statement by WCI, Inc.)(Folsom, Monica) Modified on 3/4/2020 (Kastilahn, A). (Entered: 03/02/2020) |
| 86 | Mar 2, 2020 | View | REPLY by Jared Blumenfeld, et al., to 50 Motion for Summary Judgment. (Attachments: # 1 Objections to plaintiff's supplemental evidence) (Meckenstock, Margaret) Modified on 3/4/2020 (Kastilahn, A). (Entered: 03/02/2020) |
| 87 | Mar 6, 2020 | Request | NOTICE of APPEARANCE by Jonathan D Brightbill, GOVT on behalf of United States of America. Attorney Brightbill, Jonathan D added. (Brightbill, Jonathan) (Entered: 03/06/2020) |
| 88 | Mar 9, 2020 | Request | MINUTES (Text Only) for proceedings before Senior Judge William B. Shubb: MOTIONS HEARING held on 3/9/2020 re 12 USA's Motion for Summary Judgment, 46 WCI, Inc. Defendants' Motion for Summary Judgment and 50 State Defendants' Motion for Summary Judgment. Counsel argue. MOTIONS SUBMITTED. The Court shall issue a separate order. Plaintiff's Counsel Jonathan Brightbill, DOJ, Paul Salamanca, DOJ present. Counsel for State Defendants: Elaine Meckenstock; WCI, INC. Defendants: Monica Folsom; International Admissions Trading Association Intervenor: Nicholas van Aelstyn; and Environmental Defense Fund Intervenors: Matthew Zinn - All Present. Court Reporter Number: Tiphanne Crowe. (Kirksey Smith, K) (Entered: 03/09/2020) |
| 89 | Mar 11, 2020 | View | ANSWER by Jared Blumenfeld.(Dorsi, Michael) (Entered: 03/11/2020) |
| 90 | Mar 11, 2020 | View | ANSWER by Jared Blumenfeld, Mary D. Nichols, Western Climate Initiative, Inc. (Folsom, Monica) (Entered: 03/11/2020) |
| 91 | Mar 12, 2020 | View | MEMORANDUM and ORDER re Cross-Motions for Summary Judgment signed by Senior Judge William B. Shubb on 3/12/2020: IT IS ORDERED that the United States' Motion for Summary Judgment on the First and Second Causes of Action of the Complaint 12 be, and the same hereby is, DENIED; AND IT IS FURTHER ORDERED that the State of California and WCI, Inc.'s Motions for Summary Judgment on the First and Second Causes of Action of the Complaint 46 , 50 be, and the same hereby are, GRANTED. (Kirksey Smith, K) (Entered: 03/12/2020) |
| 92 | Mar 12, 2020 | Request | TRANSCRIPT REQUEST by State of California for proceedings held on 2/24/2020 before Judge William Shubb. Court Reporter Kimberly Bennett. (Cayaban, Michael) (Entered: 03/12/2020) |
| 93 | Mar 13, 2020 | Request | TRANSCRIPT REQUEST by State of California for proceedings held on 2/24/2020 before Judge William Shubb. Court Reporter Kimberly Bennett. (Cayaban, Michael) (Entered: 03/13/2020) |
| 94 | Mar 13, 2020 | Request | TRANSCRIPT REQUEST by State of California for proceedings held on 3/9/2020 before Judge William Shubb. Court Reporter Tiphanne Crowe. (Cayaban, Michael) (Entered: 03/13/2020) |
| 95 | Mar 13, 2020 | Request | TRANSCRIPT REQUEST by United States of America for proceedings held on 03/09/2020 before Judge William Shubb. Court Reporter Tiphanne Crowe. (Salamanca, Paul) (Entered: 03/13/2020) |
| 96 | Mar 13, 2020 | Request | TRANSCRIPT REQUEST by United States of America for proceedings held on 02/24/2020 before Judge William Shubb. Court Reporter Kimberly Bennett. (Salamanca, Paul) (Entered: 03/13/2020) |
| 97 | Mar 16, 2020 | Request | TRANSCRIPT of Motions Hearing held on 03/09/2020, before Senior Judge William B. Shubb, filed by Court Reporter Tiphanne Crowe, Phone number 916-743-0122 E-mail Tcrowe.CSR@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 4/6/2020. Redacted Transcript Deadline set for 4/16/2020. Release of Transcript Restriction set for 6/15/2020. (Crowe, T) (Entered: 03/16/2020) |
| 98 | Mar 27, 2020 | Request | DESIGNATION of COUNSEL by State of Oregon terminating attorney Seth T. Karpinski; Attorney DeFever, Jeanne Nicole added. (DeFever, Jeanne) Modified on 3/30/2020 (Benson, A.). (Entered: 03/27/2020) |
| 99 | Apr 3, 2020 | View | STIPULATION and PROPOSED ORDER for Continuing Status Conference re 41 Order by Jared Blumenfeld, California Air Resources Board, Gavin C. Newsom, Mary D. Nichols, State of CA. (Attachments: # 1 Proposed Order)(Meckenstock, Margaret) Modified on 4/3/2020 (Reader, L). (Entered: 04/03/2020) |
| 100 | Apr 6, 2020 | Request | ORDER signed by Senior Judge William B. Shubb on 4/3/2020 CONTINUING the Scheduling Conference to 6/22/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. All deadlines based on the Scheduling Conference are RESET based on the new Status Conference date. The Parties shall hold the Rule 26(f) conference no later than 5/26/2020 and shall file a joint status report no later than 6/8/2020. (Huang, H) (Entered: 04/06/2020) |
| 101 | Apr 14, 2020 | Request | TRANSCRIPT of Proceedings held on 2/24/2020, before Senior Judge William B. Shubb, filed by Court Reporter Kimberly Bennett, Phone number 916-741-3475 E-mail reporter.bennett@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 5/7/2020. Redacted Transcript Deadline set for 5/15/2020. Release of Transcript Restriction set for 7/13/2020. (Bennett, K) (Entered: 04/14/2020) |
| 102 | Apr 20, 2020 | View | SECOND MOTION FOR SUMMARY JUDGMENT by United States of America. Motion Hearing set for 6/1/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: # 1 Statement of Undisputed Facts, # 2 Declaration of Rachel Iacangelo, # 3 Proposed Order (Second Motion for Summary Judgment), # 4 Proposed Order (Motion to Dismiss), # 5 Notice of Lodging)(Salamanca, Paul) Modified on 4/21/2020 (Kaminski, H). (Entered: 04/20/2020) |
| Apr 23, 2020 | ACKNOWLEDGEMENT OF RECEIPT of 102 flash drive from USA. (Text only entry) (Benson, A.) (Entered: 04/24/2020) | ||
| 103 | May 13, 2020 | Request | STIPULATION and PROPOSED ORDER for Setting Briefing Schedule on 102 Cross-Motions for Summary Judgment by Jared Blumenfeld et al. (Dorsi, Michael) Modified on 5/14/2020 (Coll, A). (Entered: 05/13/2020) |
| 104 | May 14, 2020 | View | STIPULATION and ORDER setting briefing on cross-motions for summary judgment 103 signed by Senior Judge William B. Shubb on 5/14/2020: Amici briefs, if any, shall be filed no later than 5/26/2020. Plaintiff shall file its reply, opposition to cross-motions for summary judgment and responses to amici, if any, no later than 6/8/2020. Defendants shall file replies in support of their cross-motions for summary judgment no later than 6/22/2020. Hearing on cross-motions for summary judgment 102 are set for 6/29/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Scheduling Conference is continued from 6/22/2020 to 9/14/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. A joint status report shall be filed no later than 8/31/2020. (Kirksey Smith, K) (Entered: 05/14/2020) |
| 105 | May 18, 2020 | View | OPPOSITION by International Emissions Trading Association to 102 Motion for Summary Judgment. (Attachments: # 1 Response to Statement of Undisputed Facts, # 2 Proposed Order)(Norris, Zachary) Modified on 5/19/2020 (Kaminski, H). (Entered: 05/18/2020) |
| 106 | May 18, 2020 | View | OPPOSITION by Environmental Defense Fund, Natural Resources Defense Council to 102 Motion for Summary Judgment. (Attachments: # 1 Response to Statement of Undisputed Facts)(Zinn, Matthew) Modified on 5/19/2020 (Kaminski, H). (Entered: 05/18/2020) |
| 107 | May 18, 2020 | View | OPPOSITION by Jared Blumenfeld, Mary D. Nichols, Western Climate Initiative, Inc. to 102 Motion for Summary Judgment. (Attachments: # 1 Declaration of Greg Tamblyn, # 2 Response to Plaintiff's Separate Statement of Facts, # 3 Statement of Material Facts).(Folsom, Monica) Modified on 5/19/2020 (Kaminski, H). (Entered: 05/18/2020) |
| 108 | May 18, 2020 | View | CROSS-MOTION FOR SUMMARY JUDGMENT by Jared Blumenfeld, Mary D. Nichols, Western Climate Initiative, Inc.. Motion Hearing set for 6/29/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Greg Tamblyn, # 3 Response to Plaintiff's Separate Statement of Facts, # 4 Statement of Material Facts, # 5 Proposed Order)(Folsom, Monica) Modified on 5/19/2020 (Kaminski, H). (Entered: 05/18/2020) |
| 109 | May 18, 2020 | Request | RESPONSE in Support of Plaintiff's et al., re 102 Motion for Summary Judgment. (Attachments: # 1 Proposed Order)(Dorsi, Michael) Modified on 5/19/2020 (Kaminski, H). (Entered: 05/18/2020) |
| 110 | May 18, 2020 | View | CROSS-MOTION FOR SUMMARY JUDGMENT by Jared Blumenfeld, California Air Resources Board, Gavin C. Newsom, Mary D. Nichols, State of California. Motion Hearing set for 6/29/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: # 1 Declaration of Michael S. Dorsi, # 2 Exhibits # 3 Statement of Undisputed Facts, # 4 Response to Plaintiff's Statement of Undisputed Facts, # 5 Objections to Evidence, # 6 Proposed Order)(Meckenstock, Margaret) Modified on 5/19/2020 (Kaminski, H). (Entered: 05/18/2020) |
| 111 | May 18, 2020 | Request | REQUEST for JUDICIAL NOTICE by Jared Blumenfeld, California Air Resources Board, Gavin C. Newsom, Mary D. Nichols, State of California in re 110 Cross-Motion for Summary Judgment. (Meckenstock, Margaret) Modified on 5/19/2020 (Kaminski, H). (Entered: 05/18/2020) |
| 112 | May 26, 2020 | Request | MOTION for Leave to File Amici Curiae Brief by Professors of Foreign Relations Law. Motion Hearing set for 6/29/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Frank, Richard) (Entered: 05/26/2020) |
| 113 | May 26, 2020 | View | BRIEF of AMICI CURIAE filed by Professors of Foreign Relations Law. (Frank, Richard) (Entered: 05/26/2020) |
| 114 | May 26, 2020 | Request | UNOPPOSED MOTION for Leave to File Brief of Amici Curiae the States of Oregon, Connecticut, Delaware, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New York, Rhode Island, Vermont, Washington, and the Commonwealth of Massachusetts in Support of State Defendants' Cross-Motion for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment by State of Oregon. Motion Hearing set for 6/15/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (DeFever, Jeanne) Modified on 5/27/2020 (Zignago, K.). (Entered: 05/26/2020) |
| 115 | May 26, 2020 | Request | PROPOSED ORDER re Granting 114 Unopposed Motion for Leave to File Brief of Amici Curiae by State of Oregon. (DeFever, Jeanne) Modified on 5/27/2020 (Zignago, K.). (Entered: 05/26/2020) |
| 116 | May 26, 2020 | View | BRIEF of AMICI CURIAE by the States of Oregon, Connecticut, Delaware, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New York, Rhode Island, Vermont, Washington, and the Commonwealth of Massachusetts in Support of State Defendants' Cross-Motion for Summary Judgment and Opposition to Plaintiff's Summary Judgment Motion filed by State of Oregon. (DeFever, Jeanne) (Entered: 05/26/2020) |
| 117 | May 26, 2020 | Request | STIPULATION and PROPOSED ORDER for Shorten Time for Hearing of 114 Unopposed Motion for Leave to File Brief of Amici Curiae. (Attachments: # 1 Proposed Order)(DeFever, Jeanne) Modified on 5/27/2020 (Zignago, K.). (Entered: 05/26/2020) |
| 118 | May 26, 2020 | View | EX PARTE APPLICATION to Continue Hearing Date for Cross-Motions for Summary Judgment by Jared Blumenfeld, California Air Resources Board, Gavin C. Newsom, Mary D. Nichols, State of California. (Attachments: # 1 Declaration of M. Elaine Meckenstock, # 2 Exhibit (A-G) to Meckenstock Declaration, # 3 Proposed Order)(Dorsi, Michael) Modified on 5/27/2020 (Zignago, K.). (Entered: 05/26/2020) |
| 119 | May 26, 2020 | Request | MOTION for Leave to File Amicus Curiae Brief in Support of Defendants' 110 Second Motion for Summary Judgment, 111 Request for Judicial Notice by The Nature Conservancy. Motion Hearing set for 6/15/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: # 1 Proposed Amicus Curiae Brief, # 2 Proposed Order)(Poloncarz, Kevin) Modified on 5/27/2020 (Zignago, K.). (Entered: 05/26/2020) |
| 120 | May 27, 2020 | Request | ORDER signed by Senior Judge William B. Shubb on 5/27/2020 GRANTING 114 Unopposed Motion for Leave to File an amici curiae brief by the States of Oregon, Connecticut, Washington, Illinois, Michigan, Minnesota, Delaware, New Jersey, Maine, Maryland, New York, Vermont, Rhode Island, and the Commonwealth of Massachusetts (collectively "Proposed Amici") in opposition to Plaintiff's Second Motion for Summary Judgment. The Proposed Amici's amici curiae brief that is attached to its Motion is hereby FILED. (York, M) (Entered: 05/27/2020) |
| 121 | May 27, 2020 | Request | ORDER signed by Senior Judge William B. Shubb on 5/27/2020 GRANTING 112 Motion for Leave to File Amici Curiae Brief by Professors of Foreign Relations Law. The Court ORDERS the Amici Curiae brief to be FILED, and will consider that brief in its deliberation in this case. (York, M) (Entered: 05/27/2020) |
| 122 | May 28, 2020 | Request | ORDER signed by Senior Judge William B. Shubb on 5/27/2020 GRANTING 119 Unopposed Motion for Leave to File Amicus Curiae Brief. (Huang, H) (Entered: 05/28/2020) |
| 123 | May 29, 2020 | View | OPPOSITION by Plaintiff United States of America to 118 Ex Parte Application to Continue Hearing Date for Cross-Motions for Summary Judgment. (Attachments: # 1 Second Declaration of Jonathan D. Brightbill, # 2 Exhibit 1, # 3 Declaration of Paul E. Salamanca, # 4 Exhibit 1)(Salamanca, Paul) Modified on 6/1/2020 (York, M). (Entered: 05/29/2020) |
| 124 | Jun 4, 2020 | Request | MINUTE ORDER (TEXT ONLY): On the Court's own motion, the parties are hereby notified that 102 USA'S Second Motion for Summary Judgment and Motion to Dismiss, 108 WCI. Inc. Defendants' Motion for Summary Judgment and 110 State Defendants' Motion for Summary Judgment now set for hearing on 6/29/2020 are taken off calendar and under submission to be decided on the papers, no appearance is necessary. The briefing schedule shall remain as outlined in the 104 Stipulation and Order filed 5/14/2020. The Court shall issue a separate order. (Kirksey Smith, K) (Entered: 06/04/2020) |
| 125 | Jun 8, 2020 | Request | REPLY by United States of America in SUPPORT of 110 Motion for Summary Judgment,, 108 Motion for Summary Judgment,. (Attachments: # 1 Concordance of Undisputed Facts and Response to Defendants' Facts, # 2 Fourth Declaration of Rachel E. Iacangelo, # 3 Notice of Lodging, # 4 Response to State Defendants' Objections to Evidence)(Salamanca, Paul) Modified on 6/9/2020 (Mena-Sanchez, L). (Entered: 06/08/2020) |
| Jun 10, 2020 | ACKNOWLEDGEMENT OF RECEIPT of 125 flash drive from Paul Salamanca. (Text only entry) (Benson, A.) (Entered: 06/15/2020) | ||
| 126 | Jun 22, 2020 | View | REPLY by Defendants to 108 Motion for Summary Judgment,. (Attachments: # 1 Statement WCI, Inc. Defendants' Reply to Plaintiff's Additional Undisputed Facts and Response to WCI, Inc. Defs Material Facts)(Folsom, Monica) (Entered: 06/22/2020) |
| 127 | Jun 22, 2020 | View | REPLY by Defendants to 110 Cross-Motion for Summary Judgment. Attorney McCombs, Theodore Alfred Bellman added. (McCombs, Theodore) Modified on 6/23/2020 (Mena-Sanchez, L). (Entered: 06/22/2020) |
| 128 | Jun 22, 2020 | View | RESPONSE by Defendants to 125 Undisputed Facts and Objections to New Evidence. (McCombs, Theodore) Modified on 6/23/2020 (Mena-Sanchez, L). (Entered: 06/22/2020) |
| 129 | Jul 17, 2020 | View | MEMORANDUM and ORDER signed by Senior Judge William B. Shubb on 7/16/20 GRANTING 108 Motion for Summary Judgment and 110 Motion for Summary Judgment AND DENYING 102 Motion for Summary Judgment. The Clerk of Court is instructed to enter judgment in favor of all defendants and against the United States. (Kaminski, H) (Entered: 07/17/2020) |
| 130 | Jul 17, 2020 | View | JUDGMENT dated *7/17/20* pursuant to order signed by Senior Judge William B. Shubb on 7/16/20. (Kaminski, H) (Entered: 07/17/2020) |
| 131 | Sep 14, 2020 | View | NOTICE of APPEAL by USA as to 91 Memorandum, Opinion & Order, Order, 129 Memorandum, Opinion & Order and 130 Judgment. (Attachments: # 1 Appeal Information)(Salamanca, Paul) Modified on 9/23/2020 (Benson, A.). (Entered: 09/14/2020) |
| 132 | Sep 15, 2020 | View | APPEAL PROCESSED to Ninth Circuit re 131 Notice of Appeal, filed by United States of America. Notice of Appeal filed *9/14/2020*, Complaint filed *10/23/2019* and Appealed Order / Judgment filed *7/17/2020*. Court Reporter: *Kimberly Bennett, Tiphanne Crowe*. *Fee Status: Waived* (Attachments: # 1 Appeal Information) (Tupolo, A) (Entered: 09/15/2020) |
| 133 | Sep 16, 2020 | Request | USCA CASE NUMBER 20-16789 for 131 Notice of Appeal, filed by United States of America. (York, M) (Entered: 09/16/2020) |
| 134 | Sep 17, 2020 | View | AMENDED 131 REPRESENTATION STATEMENT by USA. (Salamanca, Paul) Modified on 9/17/2020 (Kirksey Smith, K). (Entered: 09/17/2020) |
| 135 | Feb 2, 2021 | Request | DESIGNATION of COUNSEL FOR SERVICE., attorney Jonathan D Brightbill, GOVT terminated (McVeigh, Peter) (Entered: 02/02/2021) |
| 136 | Apr 22, 2021 | View | USCA ORDER DISMISSING 131 Notice of Appeal.(Mena-Sanchez, L) (Entered: 04/23/2021) |