Sancho v. U.S. Department of Energy et al

Plaintiffs:Luis Sancho and Walter L. Wagner
Defendants:U.S. Department of Energy, Fermilab, Center For Nuclear Energy Research (CERN), National Science Foundation and Doe Entities 1-100
 
Case Number:1:2008cv00136
Filed:March 21, 2008
 
Court:Hawaii District Court
Office:Environmental Matters Office [ Court Info ]
County:Honolulu
Presiding Judge:JUDGE HELEN GILLMOR
Referring Judge:JUDGE KEVIN S.C. CHANG
 
Nature of Suit:Other Statutes - Environmental Matters
Cause:U.S. Government Defendant
Jurisdiction:U.S. Government Defendant
Jury Demanded By:30:181 Environment: Review of Agency Action
Date Filed # Docket Text
March 21, 2008 1 COMPLAINT against all defendants, filed by Luis Sancho, Walter L. Wagner. (Attachments: # 1 Affidavit of Luis Sancho, # 2 Affidavit of Richard J. Wagner, # 3 Affidavit of Walter L. Wagner, # 4 Affidavit of Mark Leggett, # 5 Affidavit of Rodney J. Skinner, # 6 Affidavit Paul W. Dixon, # 7 Affidavit of James R. Blodgett, # 8 Transmittal, # 9 Civil Cover Sheet)(gls, ) (Entered: March 24, 2008)
March 21, 2008 2 Order Setting Rule 16 Scheduling Conference for 09:00AM on 6/16/2008 before JUDGE KEVIN S.C. CHANG.. Signed by JUDGE HELEN GILLMOR on 3/24/08. (Attachments: # 1 Corporate Disclosure memo)(gls, ) (Entered: March 24, 2008)
March 21, 2008 4 Filing fee: $ 350, receipt number 242993 (emt, ) (Entered: March 24, 2008)
March 24, 2008 3 NOTICE of Appearance by Derrick K. Watson on behalf of U.S. Department of Energy, National Science Foundation on behalf of U.S. Department of Energy, National Science Foundation. (Watson, Derrick) (Entered: March 24, 2008)
March 27, 2008 5 NOTICE of Appearance by Brian C. Toth on behalf of U.S. Department of Energy, Fermilab, National Science Foundation on behalf of U.S. Department of Energy, Fermilab, National Science Foundation. (Toth, Brian) (Entered: March 27, 2008)
March 31, 2008 6 Summons Issued (gab, ) (Entered: April 1, 2008)
April 28, 2008 7 SUMMONS RETURNED EXECUTED by Walter L. Wagner. U.S. Department of Energy served on 4/25/2008, answer due 6/24/2008. (bbb, ) (Entered: April 28, 2008)
May 30, 2008 8 Scheduling Conference Statement DEFENDANTS U.S. DEPARTMENT OF ENERGY, FERMILAB, and NATIONAL SCIENCE FOUNDATION'S SCHEDULING CONFERENCE STATEMENT; CERTIFICATE OF SERVICE. (Watson, Derrick) (Entered: May 30, 2008)
June 12, 2008 9 Plaintiff WALTER L. WAGNER'S SCHEDULING CONFERENCE STATEMENT. (cc: KSC) (bbb, ) (Additional attachment(s) added on 6/13/2008: # 1 copy of envelope post marked 06/11/08) (bbb, ). (Entered: June 13, 2008)
June 12, 2008 11 CERTIFICATE OF SERVICE by Walter L. Wagner (bbb, ) (Entered: June 16, 2008)
June 13, 2008 10 NOTICE by U.S. Department of Energy, Fermilab, National Science Foundation FEDERAL DEFENDANTS' NOTICE OF SUBSTITUTION OF COUNSEL; CERTIFICATE OF SERVICE U.S. Department of Energy, Fermilab, National Science Foundation. (Watson, Derrick) (Entered: June 13, 2008)
June 16, 2008 12 EP: Rule 16 Scheduling Conference held on 6/16/2008. Rule 16 Scheduling Conference Order to be issued. Plaintiff advised the court that they will amend the complaint and request for a Jury Trial. Mr. Watson stated that he will oppose both. Bench Trial set for 6/16/2009 09:00 AM before JUDGE HELEN GILLMOR. Final Pretrial Conference set for 5/5/2009 09:00 AM before JUDGE KEVIN S.C. CHANG. Final Pretrial Conference set for 6/5/2009 08:30 AM before JUDGE HELEN GILLMOR. Settlement Conference set for 3/2/2009 10:00 AM before JUDGE KEVIN S.C. CHANG. Motions due by 1/14/2009. Discovery due by 4/17/2009. ( C5 - no record, 9:00-9:07am.) (JUDGE KEVIN S.C. CHANG)(sna, ) (Entered: June 16, 2008)
June 16, 2008 13 RULE 16 SCHEDULING ORDER. Signed by Magistrate JUDGE KEVIN S.C. CHANG on June 16, 2008. (bbb, ) (Entered: June 16, 2008)
June 16, 2008 COURT'S CERTIFICATE of Service - a copy of 13 "RULE 16 SCHEDULING ORDER" has been served by First Class Mail to the addresses of record on 06/16/2008. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (bbb, ) (Entered: 06/16/2008)
June 24, 2008 14 MOTION to Dismiss, MOTION for Summary Judgment Brian C. Toth appearing for Defendants U.S. Department of Energy, Fermilab, National Science Foundation (Toth, Brian) (Entered: June 24, 2008)
June 24, 2008 15 MEMORANDUM in Support re 14 MOTION to Dismiss MOTION for Summary Judgment filed by U.S. Department of Energy, Fermilab, National Science Foundation. (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)(Toth, Brian) (Entered: June 24, 2008)
June 24, 2008 16 CONCISE STATEMENT of Facts re 14 MOTION to Dismiss MOTION for Summary Judgment filed by U.S. Department of Energy, Fermilab, National Science Foundation. (Toth, Brian) (Entered: June 24, 2008)
June 24, 2008 17 Declaration re 14 MOTION to Dismiss MOTION for Summary Judgment (Declaration of Dennis Kovar). (Attachments: # 1 Attachment A)(Toth, Brian) (Entered: June 24, 2008)
June 24, 2008 18 Declaration re 14 MOTION to Dismiss MOTION for Summary Judgment (Declaration of Joanna M. Livengood). (Toth, Brian) (Entered: June 24, 2008)
June 24, 2008 19 Declaration re 14 MOTION to Dismiss MOTION for Summary Judgment (Declaration of Morris Pripstein). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Toth, Brian) (Entered: June 24, 2008)
June 24, 2008 20 Declaration re 14 MOTION to Dismiss MOTION for Summary Judgment (Declaration of Bruce Strauss). (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3, # 4 Attachment 4, # 5 Attachment 5, # 6 Attachment 6, # 7 Attachment 7, # 8 Attachment 8, # 9 Attachment 9, # 10 Attachment 10, # 11 Attachment 11, # 12 Attachment 12, # 13 Attachment 13, # 14 Attachment 14, # 15 Attachment 15, # 16 Attachment 16, # 17 Attachment 17)(Toth, Brian) (Entered: June 24, 2008)
June 25, 2008 21 NOTICE of Hearing on Motion. 14 Federal Defendants' Combined Motion to Dismiss and Motion for Summary Judgment is set for 9/2/2008 at 10:00 AM in Aha Nonoi before CHIEF JUDGE HELEN GILLMOR. (mrf) (Entered: June 25, 2008)
June 25, 2008 COURT'S CERTIFICATE of Service - a copy of 21 Notice of Hearing on Motion has been served by First Class Mail to (1) Luis Sancho at P.O. Box 411 Honomu, HI 96728, and (2)Walter L. Wagner at P.O. Box 881 Pepeekeo, HI 96783 on June 25, 2008. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (mrf) (Entered: June 25, 2008)
June 30, 2008 22 CERTIFICATE OF SERVICE;# 1 Exhibit A, # 2 Exhibit B by Luis Sancho.(bbb, ) (Entered: July 1, 2008)
June 30, 2008 23 SUMMONS RETURNED EXECUTED / Certificate of Service [sic] by Luis Sancho. Center For Nuclear Energy Research (CERN) served on 5/28/2008, answer due 6/17/2008. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(bbb, ) (Entered: July 1, 2008)
July 1, 2008 24 REQUEST FOR ENTRY OF DEFAULT AGAINST DEFENDANT CERN [CENTER FOR NUCLEAR ENTERY RESEARCH] by Luis Sancho. (bbb, ) (Entered: July 2, 2008)
July 1, 2008 25 DECLARATION OF WALTER L. WAGNER IN SUPPORT of 24 Request for Entry of Default Against CERN. (bbb, ) (Entered: July 2, 2008)
July 1, 2008 26 CLERK'S ENTRY OF DEFAULT AGAINST DEFENDANT Center For Nuclear Energy Research (CERN). (bbb, ) (Entered: July 2, 2008)
August 5, 2008 28 Plaintiff Walter L. Wagner's [ MOTION ] JUDGMENT BY DEFAULT AGAINST DEFENDANT CERN (Proposed). (cc: KSC) (bbb, ) (Entered: August 7, 2008)
August 5, 2008 29 Plaintiff Walter L. Wagner's MOTION FOR PERMANENT INJUNCTION AGAINST DEFAULTING DEFENDANT CERN. (cc: HG) (bbb, ) (Entered: August 7, 2008)
August 5, 2008 30 AFFIDAVIT OF WALTER L. WAGNER IN SUPPORT of 29 Permanent Injunction re Defendant CERN;# 1 Exhibit A. (cc: HG) (bbb, ) (Entered: August 7, 2008)
August 5, 2008 31 Plaintiff Walter L. Wagner's MEMORANDUM OF LAW IN SUPPORT of 29 Permanent Injunction. (cc: HG) (bbb, ) (Entered: August 7, 2008)
August 5, 2008 32 CERTIFICATE OF SERVICE by Walter L. Wagner re 31 Memorandum in Support of Motion, 30 Affidavit, 29 MOTION for Permanent Injunction (bbb, ) (Entered: 08/07/2008)
August 11, 2008 33 CERTIFICATE OF SERVICE by Walter L. Wagner (bbb, ) (Entered: August 11, 2008)
August 11, 2008 34 ERRATUM RE: SIGNED SIGNATURE PAGES;# 1 Affidavit of Walter L. Wagner in Support of Permanent Injunction re: Deft CERN, # 2 Exhibit A. (cc: HG) (bbb, ) (Entered: August 11, 2008)
August 13, 2008 35 EX PARTE MOTION for Pro Hac Vice by (Amici Curiae) Sheldon Glashow, Frank Wilczek and Richard Wilson for attorney Martin S. Kaufman. (cc: KSC) (bbb, ) (Entered: August 14, 2008)
August 13, 2008 36 PRO HAC VICE Filing fee for atty Martin S. Kaufman: $ 225.00, receipt number 244589 (bbb, ) (Entered: August 14, 2008)
August 13, 2008 37 MOTION FOR LEAVE TO FILE BRIEF AMICUS CURIAE;# 1 Preliminary Statement and Interest of Amici - Martin S. Kaufman appearing for Movants Sheldon Glashow, Frank Wilczek, Richard Wilson. (cc: KSC) (bbb, ) (Entered: August 14, 2008)
August 14, 2008 38 Courtesy copy LETTER to Chief Judge Helen Gillmor addressed to the Clerk of Court dated 08/12/2008 (Letter accompanied w/ 35 Pro Hac and 37 Motion for Leave). (bbb, ) (Entered: August 14, 2008)
August 14, 2008 39 FAXED LETTER to Chief Judge Helen Gillmor dated 08/13/2008 from Viviana Studer. (bbb, ) (Entered: August 14, 2008)
August 14, 2008 42 NOTICE of Hearing on Motion 28 Judgment by Default Against Defendant CERN set for 9/25/2008 09:30 AM before JUDGE KEVIN S.C. CHANG. (sna, ) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: August 14, 2008)
August 14, 2008 58 Correspondence: LETTER from Alexander Wittwer addressed to Chief Judge Helen Gillmor date 08/11/2008 (Note: Original returned to HG Chambers as requested) (bbb, ) Modified on 8/27/2008 - unrestricting document (bbb, ). (Entered: August 27, 2008)
August 18, 2008 43 Ex Parte MOTION for Pro Hac Vice (Martin S. Kaufman) [Doc. 36] Robert M. Kohn appearing for Movant Sheldon Glashow (Attachments: # 1 Memorandum Memorandum in Support of Application, # 2 Declaration Declaration of Kenneth T. Okamoto, # 3 Declaration Declaration of Martin S. Kaufman, # 4 Certificate of Service)(Kohn, Robert) (Entered: August 18, 2008)
August 18, 2008 57 Correspondence: LETTER from Edwin Steinitz addressed to Chief Judge Helen Gillmor date 08/13/2008 (Note: Original returned to HG Chambers as requested) (Attachments: # 1 copy of envelope) (bbb, ) Modified on 8/27/2008 - unrestricting document (bbb, ). (Entered: August 27, 2008)
August 19, 2008 46 AFFIDAVIT of Walter L. Wagner in Support of Opposition to 44 MOTION for Leave to File Amended Brief Amicus Curiae of Sheldon Glashow, Frank Wilczek and Richard Wilson in Support of Federal Defendants by Luis Sancho. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(gab, ) (Entered: August 21, 2008)
August 19, 2008 47 CERTIFICATE OF SERVICE by Luis Sancho (gab, ) (Entered: August 21, 2008)
August 21, 2008 44 MOTION for Leave to File Amended Brief Amicus Curiae of Sheldon Glashow, Frank Wilczek and Richard Wilson in Support of Federal Defendants Robert M. Kohn appearing for Movant Sheldon Glashow (Attachments: # 1 Exhibit Ex. A - Amended Brief Amicus Curiae, # 2 Exhibit Ex. B - Redline, # 3 Certificate of Service)(Kohn, Robert) (Entered: August 21, 2008)
August 21, 2008 45 ORDER GRANTING 35 & 43 EX PARTE APPLICATION FOR COUNSEL (MARTIN S. KAUFMAN) TO APPEAR PRO HAC VICE. Signed by Magistrate JUDGE KEVIN S.C. CHANG on August 21, 2008. (bbb, ) (Entered: August 21, 2008)
August 22, 2008 48 REPLY re 14 MOTION to Dismiss MOTION for Summary Judgment FEDERAL DEFENDANTS' REPLY IN SUPPORT OF COMBINED MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT; CERTIFICATE OF SERVICE filed by U.S. Department of Energy, Fermilab, National Science Foundation. (Watson, Derrick) (Entered: August 22, 2008)
August 22, 2008 49 MEMORANDUM OF LAW IN OPPOSITION to Combined 14 MOTION to Dismiss and for MOTION for Summary Judgment filed by Walter L. Wagner. (Attachments: # 1 Certificate of Compliance w/LR 7.5) (cc: HG) (bbb, ) (Entered: August 25, 2008)
August 22, 2008 50 CERTIFICATE OF SERVICE by Walter L. Wagner (bbb, ) (Entered: August 25, 2008)
August 26, 2008 51 CERTIFICATE OF SERVICE by Walter L. Wagner (bbb, ) (Entered: August 26, 2008)
August 26, 2008 52 Plaintiff Walter L. Wagner's REPLY / REBUTTAL to Federal Defendant's 48 Reply in Support of Combined 14 Motion to Dismiss and for Summary Judgment. (cc: HG) (bbb, ) (Entered: August 26, 2008)
August 26, 2008 53 CERTIFICATE OF SERVICE by Walter L. Wagner (bbb, ) (Entered: August 26, 2008)
August 26, 2008 54 AFFIDAVIT of Walter L. Wagner in Support of Opposition to Combined 14 Motion to Dismiss and for Summary Judgment ;# 1 Exhibit A, # 2 Exhibit B. (cc: HG) (bbb, ) (Entered: August 26, 2008)
August 26, 2008 55 AFFIDAVIT of Luis Sancho in Support of Opposition to Combined 14 Motion to Dismiss and for Summary Judgment;# 1 Notes, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E. (cc: HG) [ORIGINAL RETAINED IN CASE FILE DUE TO COLORED EXHIBITS] (bbb, ) (Entered: August 26, 2008)
August 27, 2008 59 Declaration re 56 MOTION to Strike FEDERAL DEFENDANTS' EX PARTE APPLICATION TO STRIKE PLAINTIFFS' UNTIMELY RESPONSES TO FEDERAL DEFENDANTS' MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR AN OPPORTUNITY TO REPLY; CERTIFICATE OF SERVICE ; Supplemental Declaration of Derrick K Watson in Support of Federal Defendants' Ex Parte Application to Strike Plaintiffs' Untimely Responses to Federal Defendants' Motion to Dismiss or, in the Alternative, for an Opportunity to Reply; Certificate of Service. (Watson, Derrick) (Entered: August 27, 2008)
August 28, 2008 60 EO:Re- 56 -MOTION to Strike FEDERAL DEFENDANTS' EX PARTE APPLICATION TO STRIKE PLAINTIFFS' UNTIMELY RESPONSES TO FEDERAL DEFENDANTS' MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR AN OPPORTUNITY TO REPLY-The Hearing will not be continued. The other issues referenced in the Motion shall be taken up at the Hearing on Federal Defendants Combined Motion to Dismiss and Motion for Summary Judgement (Doc. 14) to be held on September 2, 2008 at 10:00 a.m. (JUDGE HELEN GILLMOR)(lls, ) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: August 28, 2008)
August 28, 2008 61 Plaintiff Walter L. Wagner's OPPOSITION to Federal Defendants' 56 Ex Parte Applciation to Strike PLaintiffs' Untimely Responses to Federal Defendants' Motion to Dismiss or, in the Alternative, For an Opportunity to Reply. (cc: HG) (bbb, ) (Entered: August 29, 2008)
August 28, 2008 62 CERTIFICATE OF SERVICE by Walter L. Wagner re 61 Opposition to Motion, (bbb, ) (Entered: August 29, 2008)
August 28, 2008 63 Plaintiff Walter L. Wagner's OPPOSITION to 44 Motion for Leave to File Amended Brief Amicus Curiae. (cc: HG) (bbb, ) (Entered: 08/29/2008)
August 28, 2008 64 CERTIFICATE OF SERVICE by Walter L. Wagner re 63 Opposition to Motion (bbb, ) (Entered: August 29, 2008)
August 29, 2008 65 Declaration re 14 MOTION to Dismiss MOTION for Summary Judgment FEDERAL DEFENDANTS' DECLARATION OF BRIAN C. TOTH; CERTIFICATE OF SERVICE. (Attachments: # 1 Exhibit "A", # 2 Exhibit "B")(Watson, Derrick) (Entered: August 29, 2008)
August 29, 2008 66 Declaration re 14 MOTION to Dismiss MOTION for Summary Judgment FEDERAL DEFENDANTS' DECLARATION OF BRUCE P. STRAUSS IN RESPONSE TO AUGUST 5, 2008 AFFIDAVIT OF WALTER L. WAGNER (DKT. No. 30) AND IN SUPPORT OF FEDERAL DEFENDANTS' JUNE 24, 2008 MOTION TO DISMISS (DKT. No. 14); CERTIFICATE OF SERVICE. (Attachments: # 1 Attachment "1", # 2 Attachment "2", # 3 Attachment "3", # 4 Attachment "4", # 5 Attachment "5", # 6 Attachment "6", # 7 Attachment "7" Part 1, # 8 Attachment "7" Part 2, # 9 Attachment "8", # 10 Attachment "9", # 11 Attachment "10")(Watson, Derrick) (Entered: August 29, 2008)
September 2, 2008 67 AFFIDAVIT of Walter L. Wagner in Rebuttal to Late-Filed 66 Affidavit of Bruce Strauss Dated August 29, 2008;# 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G. (cc: HG) [ORIGINAL RETAINED IN CASE FILE DUE TO COLORED AND HIGHLIGHTED EXHIBITS WHICH DO NOT REFLECT ON SCANNED IMAGES] (bbb, ) (Entered: September 2, 2008)
September 2, 2008 68 EP: 14 FEDERAL DEFENDANTS' COMBINED MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT. Part I(C)of FEDERAL DEFENDANTS' COMBINED MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT is GRANTED. The remainder of FEDERAL DEFENDANTS' COMBINED MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT is TAKEN UNDER SUBMISSION. 56 FEDERAL DEFENDANTS' EX PARTE APPLICATION TO STRIKE PLAINTIFFS' UNTIMELY RESPONSES TO FEDERAL DEFENDANTS' MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR AN OPPORTUNITY TO REPLY is DENIED. (Court Reporter Debra Chun) (CHIEF JUDGE HELEN GILLMOR)(mrf) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: September 2, 2008)
September 2, 2008 69 EO: Pursuant to Local Rule 7.2(d), the Court elects to decide the foregoing motions on the documents without a hearing. 37 ATTORNEYS FOR AMICI CURIAE'S MOTION FOR LEAVE TO FILE BRIEF AMICUS CURIAE and 44 ATTORNEYS FOR AMICI CURIAE'S MOTION FOR LEAVE TO FILE AMENDED BRIEF AMICUS CURIAE OF SHELDON GLASHOW, FRANK WILCZEK, AND RICHARD WILSON IN SUPPORT OF FEDERAL DEFENDANTS ROBERT M. KOHN APPEARING FOR MOVANT SHELDON GLASHOW are DENIED. The Court has received no affidavit or by other evidence that the alleged amici Sheldon Glashow, Frank Wilczek and Richard Wilson are involved in the filing. The brief is unsupported argument. (CHIEF JUDGE HELEN GILLMOR)(mrf) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: September 2, 2008)
September 3, 2008 70 EO: PLAINTIFFS' REQUEST FOR LEAVE TO FILE SUPPLEMENTAL MEMORANDUM OF LAW RE CERN'S DEFAULT, filed on September 3, 2008, is STRICKEN. Plaintiffs have failed to follow the instructions set forth in the 68 September 2, 2008 Order. (CHIEF JUDGE HELEN GILLMOR)(mrf) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: September 3, 2008)
September 3, 2008 71 DOCUMENT STRICKEN PURSUANT TO 70 CHIEF JUDGE HELEN GILLMOR'S SEPTEMBER 3, 2008 MINUTE ORDER: Plaintiffs' REQUEST for Leave to File Supplemental Memorandum of Law re CERN's Default. (afc) (Entered: September 4, 2008)
September 4, 2008 72 TRANSCRIPT of Proceedings Motion to Dismiss or Motion for Summary Judgment held on 9/2/2008, before Judge Helen Gillmor. Court Reporter Debra Chun, Telephone number 808 534-0667. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/22/2008. Redacted Transcript Deadline set for 10/2/2008. Release of Transcript Restriction set for 12/1/2008. (dc@hid.uscourts.gov) pp. 30. (Entered: September 4, 2008)
September 5, 2008 73 RESPONSE in Opposition re 29 MOTION for Permanent Injunction filed by U.S. Department of Energy, National Science Foundation. (Attachments: # 1 Declaration of Bruce Strauss, # 2 Declaration of Stanley F. Miller, # 3 Exhibit A to Declaration of Stanley F. Miller, # 4 Exhibit B to Declaration of Stanley F. Miller, # 5 Exhibit C to Declaration of Stanley F. Miller, # 6 Exhibit D to Declaration of Stanley F. Miller, # 7 Exhibit E to Declaration of Stanley F. Miller, # 8 Exhibit F to Declaration of Stanley F. Miller, # 9 Exhibit G to Declaration of Stanley F. Miller)(Smith, Andrew) (Entered: September 5, 2008)
September 8, 2008 74 Errata re 73 Response in Opposition to Motion,,. (Smith, Andrew) (Entered: September 8, 2008)
September 9, 2008 75 EO: re 42 28 Plaintiffs' Motion for Judgment by Default is scheduled to be heard by Magistrate Judge Kevin S.C. Chang on September 25, 2008. The Court requests that Plaintiffs, in their Reply Memorandum, address the assertion raised by Federal Defendants that Plaintiffs did not properly serve Defendant CERN in accordance with Federal Rule of Civil Procedure 4(f) and the Hague Convention. (JUDGE KEVIN S.C. CHANG)(sna, ) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: September 9, 2008)
Docket Report Last Checked: September 10, 2008 13:55:25 PDT
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Plaintiff: Luis Sancho
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Plaintiff: Walter L. Wagner
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Defendant: U.S. Department of Energy
Represented By: Derrick K. Watson
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Defendant: Fermilab
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Defendant: Center For Nuclear Energy Research (CERN)
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Defendant: National Science Foundation
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Defendant: Doe Entities 1-100
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