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Aqua Terra Aeris
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Minutes | Filed: May 15, 2024 | Entered: May 15, 2024 Wai Ola Alliance, et al. v. United States Department of the Navy
Environmental Matters | Hawaii
1 - Terminate Hearings
EO: In light of [ECF 127 ] Order: Granting in Part and Denying in Part Defendants' Motion to Dismiss or, in the Alternative, Stay Proceedings; Granting Defendants' Amended Unopposed Request for Judicial Notice in Support of Motion to Dismiss or, in the Alternative, Stay Proceedings (ECF No. 90); and Granting in Part and Denying in Part Plaintiffs' Request for Judicial Notice in Support of Motion to Dismiss or, in the Alternative, Stay Proceedings (ECF No. 90), filed 5/14/2024, the Telephone Conference scheduled for 5/17/2024 before Magistrate Judge Trader is VACATED.
(MAGISTRATE JUDGE ROM TRADER)
(rt2) -
Stipulation | Filed: May 15, 2024 | Entered: May 15, 2024 Coastal Ranches Conservancy v. California Department of Transportation et al
Environmental Matters | California Central
Continue
STIPULATION to Continue Expert Disclosure Deadlines from June 7, 2024, and June 28, 2024 to July 9, 2024, and July 30, 2024 filed by Defendant Tony Tavares. (Attachments: # 1 Proposed Order [PROPOSED] ORDER GRANTING STIPULATION TO CONTINUE EXPERT DISCLOSURE DEADLINES SET BY THE COURTS SCHEDULING ORDER)(Collins, Hunter)
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Order | Filed: May 14, 2024 | Entered: May 14, 2024 Wai Ola Alliance, et al. v. United States Department of the Navy
Environmental Matters | Hawaii
Order on Motion for Miscellaneous Relief
ORDER: GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS OR, IN THE ALTERNATIVE, STAY PROCEEDINGS; GRANTING DEFENDANTS' AMENDED UNOPPOSED REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS OR, IN THE ALTERNATIVE, STAY PROCEEDINGS (ECF NO. 90); AND GRANTING IN PART AND DENYING IN PART PLAINTIFFS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS OR, IN THE ALTERNATIVE, STAY PROCEEDINGS (ECF NO. 90) re 90 , 102 , 108 - Signed by JUDGE LESLIE E. KOBAYASHI on 5/14/2024.
For the foregoing reasons, this Court rules as follows:
(eta)- Defendants' Amended Unopposed Request for Judicial Notice in Support of Motion to Dismiss or, in the Alternative, Stay Proceedings (ECF No. 90), filed December 7, 2023, is GRANTED;
Plaintiffs' Second Amended Complaint for Declaratory Relief and Injunctive Relief, filed October 13, 2023, is HEREBY DISMISSED WITHOUT PREJUDICE. Plaintiffs are directed to file their third amended complaint by June 13, 2024. After the filing of the third amended complaint, the portions of Plaintiffs' claims concerning matters that are being addressed through the administrative processes under either the DOH's 5/6/22 Emergency Order or the EPA's 2023 Consent Order will be STAYED for one year from the filing of the third amended complaint. This case will proceed only as to the portions of Plaintiffs' claims concerning matters that are not being addressed under either the 5/6/22 Emergency Order or the 2023 Consent Order.
- Plaintiffs' Request for Judicial Notice in Support of Motion to Dismiss or, in the Alternative, Stay Proceedings (ECF No. 90), filed December 22, 2023, is GRANTED IN PART AND DENIED IN PART; and
- Defendants' Moton to Dismiss or, in the Alternative, Stay Proceedings, filed October 27, 2023, is HEREBY GRANTED IN PART AND DENIED IN PART.
Defendants are ORDERED to file their first status report regarding their compliance with the 5/6/22 Emergency Order and the 2023 Consent Order by July 15, 2024. After Plaintiffs file their third amended complaint, deadlines will be issued for Defendants' subsequent status reports.
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