Filed # Docket Text
Apr. 02, 2004  1  COMPLAINT; 3 summons(es) issued (gw) (Entered: 04/02/2004)
May 04, 2004  3  MOTION by plas Loretto O'Reilly Jr, Kelly Fitzmaurice, Hazel Sinclair for a preliminary injunction to be heard before Judge at 9:00 6/2/04 (gw) (Entered: 05/06/2004)
May 04, 2004  4  Request/Statement for Oral Argument by plas regarding motion for a preliminary injunction [3-1] by plas (gw) (Entered: 05/06/2004)
May 12, 2004  5  MINUTE ENTRY ( 5/11/04 ) ORDERED that oral argument on plas' motion for a preliminary injunction [3-1] is set for 6/30/04 at 10:00 am; Govt shall file its response to plas' mtn by 6/11/04; No addl memo shall be filed by either pty prior to oral argument by Judge Jay C. Zainey (gw) (Entered: 05/12/2004)
June 07, 2004  6  ANSWER by defendant USACE to complaint by plas Loretto O'Reilly Jr, Kelly Fitzmaurice & Hazel Sinclair [1-1] (gw) (Entered: 06/07/2004)
June 09, 2004  7  NOTICE/ORDER that a preliminary conference is scheduled by telephone before courtroom deputy at 2:00 7/1/04 by Clerk (lg) (Entered: 06/09/2004)
June 10, 2004  8  Motion by defendant USACE and ORDER granting an ext of time until 6/22/04 to file a response to plas' mtn for prelim inj by Judge Jay C. Zainey Date Signed: 6/14/04 (gw) (Entered: 06/14/2004)
June 18, 2004  9  Notice by defendant USACE regarding administrative record (gw) (Entered: 06/18/2004)
June 21, 2004  10  MINUTE ENTRY ( 06/18/04 ) telephone conf held ; plas' counsel & their expert may enter the prop in question as scheduled on 06/18/04 at 10:00 for the ltd purpose of conducting a visual inspection & taking photographs of same. Mr. Bopp and/or other owners of the prop (& their experts) may attend if they so choose by Magistrate Judge Alma Chasez (crc) (Entered: 06/21/2004)
June 22, 2004  12  MOTION by defendant USACE for summary judgment to be heard before Judge at 9:00 7/28/04 (gw) (Entered: 06/23/2004)
June 23, 2004  13  Motion by intervenor Eric A Bopp and ORDER granting leave to intervene & that he may file a memo in opp to the mtn for prelim inj & participate in these proceedings as a pty dft by Judge Jay C. Zainey Date Signed: 6/24/04 (gw) Modified on 06/25/2004 (Entered: 06/25/2004)
June 25, 2004  14  Memo in opposition by intervenor Eric A Bopp to motion for a preliminary injunction [3-1] filed by plas Loretto O'Reilly Jr, Kelly Fitzmaurice, Hazel Sinclair (gw) (Entered: 06/25/2004)
June 25, 2004  15  MINUTE ENTRY ( 6/23/04 ) ORDERED that oral argument on plas' motion for a preliminary injunction [3-1] will begin at 9:30 am on 6/30/04 instead of 10:00 am by Judge Jay C. Zainey (gw) (Entered: 06/25/2004)
June 29, 2004  16  MOTION by plas Loretto O'Reilly Jr, Kelly Fitzmaurice, Hazel Sinclair for summary judgment on standing & the merits to be heard before Judge at 9:00 7/28/04 (gw) (Entered: 06/30/2004)
June 30, 2004  17  SMOOTH MINUTES: Reported/Recorded by Vic DiGiorgio; Hrg held on plas' motion for a preliminary injunction [3-1]; Mtns due 7/12/04; It was stip that no construction work of any sort will be done until after the trial on the merits; Trial on the briefs is set for 7/28/04; Plas' mtn is denied as moot; Court adjourned by Judge Jay C. Zainey (gw) (Entered: 07/01/2004)
July 01, 2004  18  MINUTE ENTRY ( 6/30/04): Preliminary Conference held; amendments due 8/16/04 ; pretrial conf set 2:30 12/16/04 ; non-jury trial set 9:00 1/18/05; Addl deadlines are stated in the doc by Judge Jay C. Zainey (gw) (Entered: 07/01/2004)
July 12, 2004  19  Memo in opposition by plaintiffs Loretto O'Reilly Jr, Kelly Fitzmaurice, Hazel Sinclair to motion for summary judgment [12-1] filed by defendant USACE (gw) (Entered: 07/13/2004)
July 12, 2004  20  Reply memorandum by defendant USACE in support of its [12-1] motion for summary judgment & response to plas' [16-1] cross-motion for summary judgment on standing & the merits (gw) (Entered: 07/13/2004)
July 09, 2004  21  Motion by intervenor Eric A Bopp and ORDER to adopt USACE's motion for summary judgment [12-1] & that the intervenor shall be heard & allowed to participate in the oral argument of the matter which is scheduled for 7/28/04 by Judge Jay C. Zainey Date Signed: 7/13/04 (gw) (Entered: 07/14/2004)
July 16, 2004  22  MINUTE ENTRY ( 7/15/04 ) ORDERED that the motion by dft USACE for sum jgm [12-1[] & plas' motion for sum jgm [16-1] set for hrg on 7/28/04 shall be considered on the briefs w/o oral argument by Judge Jay C. Zainey (gw) (Entered: 07/16/2004)
July 23, 2004  23  Motion by plas Loretto O'Reilly Jr, Kelly Fitzmaurice, Hazel Sinclair and ORDER for leave to file a reply memo in support of their cross-motion for sum jgm is granted by Judge Jay C. Zainey Date Signed: 7/26/04 (gw) (Entered: 07/27/2004)
July 27, 2004  24  Reply memorandum by plas Loretto O'Reilly Jr, Kelly Fitzmaurice, Hazel Sinclair in support of their [16-1] cross-motion for summary judgment on standing & the merits (gw) (Entered: 07/27/2004)
July 30, 2004  25  Motion by intervenor Eric A Bopp and ORDER for leave to file water quality certification by Judge Jay C. Zainey Date Signed: 8/2/04 (plh) (Entered: 08/03/2004)
Aug. 03, 2004  26  Water Quality Certification (plh) (Entered: 08/03/2004)
Aug. 10, 2004  27  ORDER & REASONS: ORDERED that plas' motion for summary judgment on standing & the merits [16-1] is GRANTED as stated herein; FURTHER ORDERED that the motion by dft USACE for summary judgment [12-1] is DENIED by Judge Jay C. Zainey (gw) (Entered: 08/10/2004)
Aug. 11, 2004  28  JUDGMENT: in favor of plas Loretto O'Reilly Jr, Kelly Fitzmaurice & Hazel Sinclaire and agst the dft USACE, the Court having enjoined the 404 permit no. EC-19-990-2020-1 issd by the Dept of the Army by Judge Jay C. Zainey Date signed: 8/10/04. (CLOSED CASE) (gw) (Entered: 08/11/2004)
Sept. 09, 2004  29  Bill of Costs submitted by plas Loretto O'Reilly Jr, Kelly Fitzmaurice, Hazel Sinclair; hearing held 9/28/04; Costs taxed in the amount of $150.00 by Clerk Date Signed: 9/28/04 (gw) (Entered: 09/28/2004)
Sept. 24, 2004  30  Objections by defendant USACE to plas' [29-1] bill of costs lodged with the Clerk of Court. (gw) (Entered: 09/28/2004)
Sept. 27, 2004  31  Response by Loretto O'Reilly Jr, Kelly Fitzmaurice, Hazel Sinclair to USACE's [30-1] objection to pla's [29-1] bill of costs lodged with the Clerk of Court. (gw) (Entered: 09/28/2004)
Oct. 08, 2004  32  Notice of appeal by defendant USACE from Dist. Court [28-2] judgment entered on 8/11/04. (gw) (Entered: 10/08/2004)
Oct. 08, 2004  33  Notice of appeal by intervenor Eric A Bopp from Dist. Court [28-2] judgment entered on 8/10/04 (gw) (Entered: 10/12/2004)
Feb. 01, 2005  34  MINUTE ENTRY ( 1/31/05): a status conference is scheduled before Judge at 3:00 2/3/05 in chambers by Judge Jay C. Zainey (gw) (Entered: 02/01/2005)
Mar. 21, 2007  35  USCA JUDGMENT affirming in part, amended in part, reversed in part, and the cause is remanded to US Corps of Engineers for further proceedings in accordance with the opinion of this Court. Issued as mandate on 3/20/07 as to 32 33 Notice of Appeal. USCA judge name: Davis & Dennis. (gbw, ) Modified on 4/9/2007 (gbw, ). (Entered: 03/22/2007)
Mar. 21, 2007  36  Appeal Record Returned (original exhibits and/or non-electronic documents) from U.S. Court of Appeals: (gbw, ) (Entered: 03/22/2007)