Center for Food Safe v. Veneman
Federal Civil Lawsuit Hawaii District Court, Case No. 1:03-cv-00621-JMS
District Judge J. MICHAEL SEABRIGHT, presiding

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No Logo CENTER FOR FOOD SAFETY, Plaintiff

Toggle Switch Represented by CENTER FOR FOOD SAFETY

Name Phone Fax E-Mail
Space Joseph Mendelson, III +1 202 547 9359 +1 202 547 9429 joemend@icta.org

Toggle Switch Represented by EARTHJUSTICE

Name Phone Fax E-Mail
Space Paul Henry Achitoff +1 808 599 2436 +5216 521 521 6841 achitoff@earthjustice.org
Space Isaac H. Moriwake +5992 599 599 2436 imoriwake@earthjustice.org
No Logo Friends Of The Earth, Inc., Plaintiff

Toggle Switch Represented by CENTER FOR FOOD SAFETY

Name Phone Fax E-Mail
Space Joseph Mendelson, III +1 202 547 9359 +1 202 547 9429 joemend@icta.org

Toggle Switch Represented by EARTHJUSTICE

Name Phone Fax E-Mail
Space Paul Henry Achitoff +1 808 599 2436 +5216 521 521 6841 achitoff@earthjustice.org
Space Isaac H. Moriwake +5992 599 599 2436 imoriwake@earthjustice.org
No Logo Kahea, Plaintiff

Toggle Switch Represented by CENTER FOR FOOD SAFETY

Name Phone Fax E-Mail
Space Joseph Mendelson, III +1 202 547 9359 +1 202 547 9429 joemend@icta.org

Toggle Switch Represented by EARTHJUSTICE

Name Phone Fax E-Mail
Space Paul Henry Achitoff +1 808 599 2436 +5216 521 521 6841 achitoff@earthjustice.org
Space Isaac H. Moriwake +5992 599 599 2436 imoriwake@earthjustice.org
No Logo Pesticide Action Network North America, Plaintiff

Toggle Switch Represented by CENTER FOR FOOD SAFETY

Name Phone Fax E-Mail
Space Joseph Mendelson, III +1 202 547 9359 +1 202 547 9429 joemend@icta.org

Toggle Switch Represented by EARTHJUSTICE

Name Phone Fax E-Mail
Space Paul Henry Achitoff +1 808 599 2436 +5216 521 521 6841 achitoff@earthjustice.org
Space Isaac H. Moriwake +5992 599 599 2436 imoriwake@earthjustice.org
v.
No Logo Bobby R. Acord, Defendant

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Thomas A. Helper +5412 541 541 2850 Tom.Helper@usdoj.gov
Space Gregory D. Page +1 202 305 0446 +1 202 305 0505 gregory.page@usdoj.gov
Space Jean-Michel Voltaire +1 202 616 8211 +1 202 616 8460 jean.michel.voltaire@usdoj.gov
No Logo Cindy Smith, Defendant

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Thomas A. Helper +5412 541 541 2850 Tom.Helper@usdoj.gov
Space Gregory D. Page +1 202 305 0446 +1 202 305 0505 gregory.page@usdoj.gov
Space Jean-Michel Voltaire +1 202 616 8211 +1 202 616 8460 jean.michel.voltaire@usdoj.gov
No Logo Mike Johann, Defendant

Represented by United States Department of Justice

No Logo William T. Hawks, Defendant

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Thomas A. Helper +5412 541 541 2850 Tom.Helper@usdoj.gov
Space Gregory D. Page +1 202 305 0446 +1 202 305 0505 gregory.page@usdoj.gov
Space Jean-Michel Voltaire +1 202 616 8211 +1 202 616 8460 jean.michel.voltaire@usdoj.gov
No Logo Biotechnology Industry Organization, Intervenor

Represented by Bronster Hoshibata, Attorneys at Law

Office Hawaii
Filed 11/12/2003
Jury Demand None
Demand $0
Nature of Suit 893 - Environmental Matters
Cause Section 42 U.S.C. § 4321 Review of Agency Action-Environment
Jurisdiction U.S. Government Defendant
Disposition Judgment - Motion Before Trial
County Honolulu
Terminated 9/7/2006
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Cases '06-17316'['9CCA'], '06-17319'['9CCA'], '07-17356'['9CCA']
Def Custody Status
Flag APPEAL
  Entries (337) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document 319 Filed: 4/11/2008, Entered: 4/14/2008 USCA Order
ORDER of USCA as to [316] Notice of Appeal filed by Bobby R. Acord, William T. Hawks, Cindy Smith, Mike Johann - DISMISSED. (gls, )
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    Legal Document 318 Filed: 12/27/2007, Entered: 12/28/2007 USCA Case Number
    USCA Case Number 07-17356 for [316] Notice of Appeal filed by Bobby R. Acord, William T. Hawks, Cindy Smith, Mike Johann. (Attachments: # (1) Time Schedule Order)(gls, )
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      Legal Document 317 Filed: 12/17/2007, Entered: 12/17/2007, Terminated: 4/11/2008 Transmission of Notice of Appeal and Docket Sheet
      Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re [316] Notice of Appeal (lmg, )
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        Legal Document 316 Filed: 12/7/2007, Entered: 12/10/2007 Notice of Appeal
        NOTICE OF APPEAL as to [315], by Mike Johann, William T. Hawks, Bobby R. Acord, Cindy Smith. (Attachments: # (1) Exhibit A# (2) Representation Statement# (3) Certificate of Service)(gls, )
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          Legal Document 315 Filed: 10/18/2007, Entered: 10/18/2007 Order Adopting Findingsand RecommendationsCourt Filing
          ORDER ADOPTING IN PART AND MODIFYING IN PART THE SPECIAL MASTER'S REPORT RECOMMENDING THAT PLAINTIFFS' MOTION FOR ATTORNEY'S FEES BE GRANTED IN PART AND DENIED IN PART for [303]. Signed by Judge J. MICHAEL SEABRIGHT on 10/18/07. "As set forth above, the court awards Plaintiffs attorney's fees of $561,971.14 and costs and other expenses in the amount of $12,646.29." (gls, )
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            Blank -- Filed: 10/18/2007, Entered: 10/18/2007 Court's Certificate of Service
            COURT'S CERTIFICATE of Service - a copy of [315] Order on Special Master Report, has been served by First Class Mail to the addresses of record on : 10/18/07. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (gls, )
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              Legal Document 314 Filed: 6/18/2007, Entered: 6/18/2007 Declaration
              Declaration re [258] MOTION for Attorney Fees and Costs of Paul Achitoff. (Attachments: # (1) Exhibit A)(Achitoff, Paul)
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                Legal Document 313 Filed: 6/15/2007, Entered: 6/15/2007, Terminated: 6/15/2007 Motion for Attorney Fees
                Supplemental MOTION for Attorney Fees Supplemental Declaration of Paul Achitoff by Center for Food Safety. (Attachments: # (1) Exhibit 1)(Achitoff, Paul)
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                  Blank -- Filed: 6/15/2007, Entered: 6/18/2007 Corrective Entry
                  CORRECTIVE ENTRY. The entry docket number [313] Supplemental MOTION for Attorney Fees Supplemental Declaration of Paul Achitoff filed by Center for Food Safety was filed incorrectly in this case. The wrong Event was used. The Events, "Declaration" or "Supplement", can be found in the 'Other Documents' Event field. The Motion Event was incorrectly used. The Judge's initials in the case number is incorrect also. The trial Judge is Judge Seabright (JMS). So the correct case number is:CV 03-00621 JMS BMK. The Motion/entry will be terminated. The filing party shall re-submit a corrected filing.. (gls, )
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                    Legal Document 312 Filed: 6/11/2007, Entered: 6/11/2007 Reply
                    REPLY re [303] FINDINGS AND RECOMMENDATIONS of Special Master re [258] MOTION for Attorney Fees and Costs filed by Center for Food SafetyFINDINGS AND RECOMMENDATIONS of Special Master re [258] MOTION for Attorney Fees and Costs filed by Center for Food SafetyFINDINGS AND RECOMMENDATIONS of Special Master re [258] MOTION for Attorney Fees and Costs filed by Center for Food Safety Defendants' Reply to Plaintiffs' Opposition to Defendants' Objections to Special Master's Report Recommending That Plaintiffs' Motion for Attorneys' Fees Be Granted in Part and Denied in Part and Certificate of Service filed by Mike Johann, William T. Hawks, Bobby R. Acord, Cindy Smith. (Attachments: # (1) Table of Contents)(Helper, Thomas)
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                      Blank -- Filed: 5/30/2007, Entered: 5/30/2007 Court's Certificate of Service
                      COURT'S CERTIFICATE of Service - a copy of [311] USCA Order has been served by First Class Mail to the addresses of record on: Gregory Page, Jean-Michel Voltaire, John Zacharia and Joseph Mendelson, III. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (gls, )
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                        Legal Document 311 Filed: 5/29/2007, Entered: 5/30/2007 USCA Order
                        ORDER of USCA as to [274] Notice of Appeal, filed by Mike Johann; Deft's Motion to Dismiss No. 06-17316 is GRANTED. (gls, )
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                          Legal Document 310 Filed: 5/29/2007, Entered: 5/29/2007 Response
                          RESPONSE re [307] Objection,, Plaintiffs Opposition To Defendants Objections To Special Masters Report filed by Center for Food Safety. (Achitoff, Paul)
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                            Legal Document 309 Filed: 5/29/2007, Entered: 5/29/2007 Response
                            RESPONSE re [303] FINDINGS AND RECOMMENDATIONS of Special Master re [258] MOTION for Attorney Fees and Costs filed by Center for Food SafetyFINDINGS AND RECOMMENDATIONS of Special Master re [258] MOTION for Attorney Fees and Costs filed by Center for Food SafetyFINDINGS AND RECOMMENDATIONS of Special Master re [258] MOTION for Attorney Fees and Costs filed by Center for Food Safety Defendants' Opposition to Plaintiffs' Objections to Special Master's Report Recommending That Plaintiffs' Motion for Attorneys' Fees Be Granted In Part and Denied In Part, filed April 10, 2007 and Certificate of Service filed by Mike Johann, William T. Hawks, Bobby R. Acord, Cindy Smith. (Attachments: # (1) Table of Contents)(Helper, Thomas)
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                              Legal Document 308 Filed: 5/18/2007, Entered: 5/18/2007 Objection to Report and Recommendations
                              OBJECTION to [303] Report and Recommendations and Declarations of Bookbinder, Paul and Achitoff, by Center for Food Safety. (Attachments: # (1) Exhibit 1# (2) Exhibit 2)(Achitoff, Paul)
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                                Legal Document 307 Filed: 5/18/2007, Entered: 5/18/2007 Objection
                                OBJECTION re [303] FINDINGS AND RECOMMENDATIONS of Special Master re [258] MOTION for Attorney Fees and Costs filed by Center for Food SafetyFINDINGS AND RECOMMENDATIONS of Special Master re [258] MOTION for Attorney Fees and Costs filed by Center for Food SafetyFINDINGS AND RECOMMENDATIONS of Special Master re [258] MOTION for Attorney Fees and Costs filed by Center for Food Safety and Certificate of Service filed by Mike Johann, William T. Hawks, Bobby R. Acord, Cindy Smith. (Attachments: # (1) Table of Contents# (2) Table of Authorities)(Helper, Thomas)
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                                  Blank 306 Filed: 4/27/2007, Entered: 4/27/2007 Terminate MotionsCourt Filing
                                  EO: ENTERING ORDER: MOTION FOR AN EXTENSION OF TIME TO FILE OBJECTIONS TO SPECIAL MASTERS REPORT; The Court GRANTS the joint Motion For An Extension Of Time To File Objections To Special Masters Report (#s 304 & 305). Both Plaintiffs and Defendants shall have up to and including May 18, 2007 to file objections to the April 19, 2007 Special Masters Report Recommending that Plaintiffs Motion For Attorneys Fees Be Granted and Denied in Part. Motions terminated: [304], [305]. (Judge J. MICHAEL SEABRIGHT )(gls, )
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                                    Legal Document 305 Filed: 4/27/2007, Entered: 4/27/2007 Response to Motion
                                    RESPONSE to Motion re [304] MOTION for Extension of Time to File Defendants' Unopposed Motion to Extend Time Within Which Parties May Either File or Not File Objections to Special Masters' Report and Certificate of Service filed by Center for Food Safety. (Attachments: # (1) Exhibit Exhibit A to Response to Motion to Extend Time)(Achitoff, Paul)
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                                      Blank -- Filed: 4/27/2007, Entered: 4/27/2007 Court's Certificate of Service
                                      COURT'S CERTIFICATE of Service - a copy of [306] Entering Order on Motion for Extension of Time to file Objections has been served by First Class Mail to the addresses of record on: Joseph Mendelson, III, Gregory Page, Jean-Michel Voltaire and John Zacharia. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (gls, )
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                                        Legal Document 304 Filed: 4/26/2007, Entered: 4/26/2007, Terminated: 4/27/2007 Motion for Extension of Time to File
                                        MOTION for Extension of Time to File Defendants' Unopposed Motion to Extend Time Within Which Parties May Either File or Not File Objections to Special Masters' Report and Certificate of Service by Mike Johann, William T. Hawks, Bobby R. Acord, Cindy Smith. (Helper, Thomas)
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                                          Legal Document 303 Filed: 4/19/2007, Entered: 4/19/2007, Terminated: 10/18/2007 Findingsand Recommendations - Special MasterCourt Filing
                                          Special Master's Report Recommending That Plaintiffs' Motion For Attorney's Fees Be Granted In Part And Denied In Part re [258] MOTION for Attorney Fees and Costs filed by Center for Food Safety Objections to R&R due by 5/17/2007. Signed by Judge BARRY M. KURREN on 4/19/07. "The Special Master FINDS that Plaintiffs are entitled to attorney's fees, costs, and other expenses under both the EAJA and the ESA...., the Special Master RECOMMENDS that Plaintiffs be awarded attorney's fees in the amount of $487,281.44 and costs and other expenses in the amount of $12,646.29."(gls, )
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                                            Blank -- Filed: 4/19/2007, Entered: 4/19/2007 Court's Certificate of Service
                                            COURT'S CERTIFICATE of Service - a copy of [303] Special Master's Report in re Motion for Attorney's Fees, has been served by First Class Mail to the addresses of record on: Joseph Mendelson, III, Gregory Page, Jean-Michel Voltaire and John Zacharia. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (gls, )
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                                              Legal Document 301 Filed: 4/5/2007, Entered: 4/5/2007, Terminated: 5/29/2007 USCA Order
                                              ORDER of USCA 06-17316, 06-17319 - (gab, )
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                                                Legal Document 300 Filed: 3/19/2007, Entered: 3/19/2007, Terminated: 5/29/2007 USCA Order
                                                ORDER of USCA 06-17316 - m/second extension to file opening brief - granted (gab, )
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                                                  Legal Document (Payment Possibly Required) 298 Filed: 2/7/2007, Entered: 2/7/2007 TranscriptCourt Filing
                                                  TRANSCRIPT of Proceedings [227] Motion Hearing held on 6/26/06 before Judge Kurren. Court Reporter: Jessica Cahill. 38 pgs. (gls, )
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                                                    Legal Document (Payment Possibly Required) 297 Filed: 2/1/2007, Entered: 2/1/2007 TranscriptCourt Filing
                                                    TRANSCRIPT of Proceedings - Hearing on Appeals from Magistrate Judge's Order - held on July 3, 2006 before Judge J. Michael Seabright. Court Reporter: Sharon Ross. (sharonross@hawaii.rr.com) (pp. 39)
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                                                      Legal Document 296 Filed: 1/30/2007, Entered: 1/30/2007 Statement in Support of Motion
                                                      STATEMENT in Support re [258] MOTION for Attorney Fees and Costs filed by Center for Food Safety. (Attachments: # (1) Appendix 1 in support of motion for fees & costs# (2) Appendix 2 in support of motion for fees & costs# (3) Appendix 3 in support of motion for fees & costs# (4) Declaration Achitoff# (5) Exhibit 1 to Achitoff Dec# (6) Exhibit 2 to Achitoff dec# (7) Declaration James T. Paul# (8) Certificate of Service)(Achitoff, Paul) Modified on 1/30/2007 - Filing party called and requested that Reply also be linked to [295] (ecs, ).
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                                                        Legal Document 295 Filed: 1/16/2007, Entered: 1/16/2007 Memorandum in Opposition to Motion
                                                        MEMORANDUM in Opposition re [258] MOTION for Attorney Fees and Costs Defendants' Opposition to Plaintiffs' Motion for Attorneys' Fees and Costs and Certificate of Service filed by Mike Johann. (Attachments: # (1) Table of Contents# (2) Table of Authorities)(Helper, Thomas)
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                                                          Legal Document 294 Filed: 12/29/2006, Entered: 1/3/2007 USCA Case Number
                                                          USCA Case Number 06-17316 for [274] Notice of Appeal, filed by Mike Johann. (gls, )
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                                                            Legal Document 293 Filed: 12/29/2006, Entered: 12/29/2006 ~Notice (other)
                                                            NOTICE by Center for Food Safety, Kahea, Friends of the Earth, Inc., Pesticide Action Network North America re [233] Terminate Hearings, OF AMENDED APPEAL; CERTIFICATE OF SERVICE. (Attachments: # (1) Main Document Plaintiffs' Amended Notice of Appeal; Exhibit 1)(Achitoff, Paul)
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                                                              Legal Document 292 Filed: 12/18/2006, Entered: 12/19/2006 USCA Scheduling Order
                                                              USCA Time Scheduling Order as to [282] Notice of Cross Appeal filed by Center for Food Safety,, Friends of the Earth, Inc.,. (gls, )
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                                                                Legal Document 291 Filed: 12/18/2006, Entered: 12/19/2006 USCA Case Number
                                                                USCA Case Number 06-17319 for [282] Notice of Cross Appeal filed by Center for Food Safety,, Friends of the Earth, Inc.,. (Attachments: # (1) Time Schedule Order)(gls, )
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                                                                  Legal Document 289 Filed: 12/13/2006, Entered: 12/13/2006 OrderCourt Filing
                                                                  ORDER Setting New Briefing Schedule For Fee Petition re [258] . Signed by Judge BARRY M. KURREN on 12/13/06. "Defendants shall submit any memorandum in opposition to Plaintiffs' motion by January 16, 2007. Plaintiffs shall submit any reply brief by January 30, 2007."(gls, )
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                                                                    Blank -- Filed: 12/13/2006, Entered: 12/13/2006 Court's Certificate of Service
                                                                    COURT'S CERTIFICATE of Service - a copy of [288] Order Affirming Magistrate Judge's Order..., and [289] Order Setting New Briefing Schedule, has been served by First Class Mail to the addresses of record on: Joseph Mendelson, III, Gregory Page, Jean-Michel Voltaire and John Zacharia. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (gls, )
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                                                                      Legal Document 288 Filed: 12/12/2006, Entered: 12/12/2006 OrderCourt Filing
                                                                      ORDER 1) Affirming Magistrate Judge's Order Denying Defendants' Motion To Stay Plaintiffs' Fee Petition 2) Denying Plaintiffs' Objection to, and Motion To Strike, Defendants' Reply to Plaintiffs' Response To Defendants' Objections 3) Denying As Moot Defendants' Motion For Leave To File Defendants' Reply To Plaintiffs' Response To Defendants' Objections To Judge's Order Denying Defendants' Motion To Stay Plaintifffs' Fee Petition Pending A Final Decision On The Merits re [280], [285], Motion terminated:[286]. Signed by Judge J. MICHAEL SEABRIGHT on 12/12/06. (gls, )
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                                                                        Legal Document 286 Filed: 12/6/2006, Entered: 12/6/2006, Terminated: 12/12/2006 Motion for Leave to FileCourt Filing
                                                                        MOTION for Leave to File Defendants' Reply to Plaintiffs' Response to Defendants' Objections to Magistrate Judge's Order Denying Defendants' Motion to Stay Plaintiffs' Fee Petition Pending a Final Decision on the Merits and Certificate of Service by Mike Johann. (Burke, R.)
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                                                                          Legal Document 285 Filed: 12/4/2006, Entered: 12/4/2006 ObjectionCourt Filing
                                                                          OBJECTION to and Motion to Strike, Defendants' Reply to Plaintiffs' Response to Defendants' Objections to Magistrate Judge's Order Denying Defendants' Motion to Stay Plaintiffs' Fee Petition Pending a Final Decision of the Merits filed by Center for Food Safety. (Achitoff, Paul)
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                                                                            Legal Document 284 Filed: 12/1/2006, Entered: 12/1/2006 ReplyCourt Filing
                                                                            REPLY re [275] Order on Motion to Stay,, Defendants' Reply to Plaintiffs' Response to Defendants' Objections to Magistrate Judge's Order Denying Defendants' Motion to Stay Plaintiffs' Fee Petition Pending A Final Decision on the Merits and Certificate of Service filed by Mike Johann. (Helper, Thomas)
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                                                                              Legal Document 281 Filed: 11/20/2006, Entered: 11/20/2006 Response
                                                                              RESPONSE TO DEFENDANTS' OBJECTIONS TO MAGISTRATE JUDGE'S ORDER DENYING DEFENDANTS' MOTION TO STAY PLAINTIFFS' FEE PETITION PENDING A FINAL DECISION ON THE MERITS filed by Center for Food Safety. (Attachments: # (1) Certificate of Service)(Achitoff, Paul)
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                                                                                Legal Document 283 Filed: 11/17/2006, Entered: 11/20/2006 USCA Appeal Fees
                                                                                USCA Appeal Fees received $ 455 receipt number 237456 re [282] Notice of Cross Appeal filed by Center for Food Safety,, Friends of the Earth, Inc., (gls, )
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                                                                                  Legal Document 282 Filed: 11/17/2006, Entered: 11/20/2006 Notice of cross-appeal
                                                                                  NOTICE OF CROSS APPEAL as to [232] Order, by Center for Food Safety, Friends of the Earth, Inc.. Filing fee $ 455. (gls, )
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                                                                                    Legal Document 280 Filed: 11/15/2006, Entered: 11/15/2006, Terminated: 12/12/2006 ObjectionCourt Filing
                                                                                    OBJECTION re [275] Order on Motion to Stay,, Table of Contents; Defendants' Objections to Magistate Judge's Order Denying Defendants' Motion to Stay Plaintiffs' Fee Petition Pending a Final Decision on the Merits and Certificate of Service filed by Mike Johann. (Burke, R.)
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                                                                                      Legal Document 279 Filed: 11/14/2006, Entered: 11/14/2006 Order on Motion for ReconsiderationCourt Filing
                                                                                      ORDER Granting Defendants' Ex-Parte Motion to Expedite Ruling And Granting Defendants' Motion For Partial Reconsideration Of Briefing Schedule [276] [277] . Signed by Judge BARRY M. KURREN on 11/14/06. Defendant's Opposition brief shall be filed by December 6, 2006. Plaintiff's reply to the opposition brief by December 20, 2006. (gls, )
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                                                                                        Blank -- Filed: 11/14/2006, Entered: 11/14/2006 Court's Certificate of Service
                                                                                        COURT'S CERTIFICATE of Service - a copy of [279] Order on Motion for Reconsideration, Order on Motion to Expedite,, has been served by First Class Mail to the addresses of record on: Gregory Page, Jean-Micehl, John Zacharia and Joseph Mendelson, III. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (gls, )
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                                                                                          Legal Document 278 Filed: 11/13/2006, Entered: 11/13/2006 Memorandum in Opposition to Motion
                                                                                          MEMORANDUM in Opposition to Defendants' Motion for Partial Reconsideration of Briefing Schedule Specified in 7 November 2006 Order filed by Center for Food Safety. (Attachments: # (1) Certificate of Service)(Achitoff, Paul)
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                                                                                            Legal Document 277 Filed: 11/9/2006, Entered: 11/9/2006, Terminated: 11/14/2006 Motion to Expedite
                                                                                            Ex Parte MOTION to Expedite Ruling on Defendants' Motion for Partial Reconsideration of Briefing Schedule Specified in 7 November 2006 Order and Certificate of Service by Mike Johann. (Attachments: # (1) Memorandum in Support of Ex Parte Motion# (2) Declaration of Gregory Page)(Burke, R.)
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                                                                                              Legal Document 276 Filed: 11/9/2006, Entered: 11/9/2006, Terminated: 11/14/2006 Motion for Reconsideration
                                                                                              MOTION for Reconsideration re [275] Order on Motion to Stay,, Defendants' Motion for Partial Reconsideration of Briefing Schedule Specified in 7 November 2006 Order and Certificate of Service by Mike Johann. (Attachments: # (1) Memorandum in Support of Motion)(Burke, R.)
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                                                                                                Legal Document 275 Filed: 11/7/2006, Entered: 11/7/2006 Order on Motion to StayCourt Filing
                                                                                                ORDER denying [264] Defendants' Motion to Stay Plaintiffs' Fee Petition - Signed by Judge BARRY M. KURREN on 11/07/06. [CONCLUSION: For the foregoing reasons, Defendants' Motion is DENIED. Bothparties will resume briefing on Plaintiffs' motion for attorneys' fees and costs.Defendants shall submit any memorandum in opposition to Plaintiffs' motion byNovember 22, 2006. Plaintiffs shall submit any memorandum in reply toDefendants' opposition by December 6, 2006.] (afc)
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                                                                                                  Blank -- Filed: 11/7/2006, Entered: 11/7/2006 Court's Certificate of Service
                                                                                                  COURT'S CERTIFICATE of Service - a copy of [275] ORDER DENYING DEFENDANTS' MOTION TO STAY PLAINTIFFS' FEE PETITION, has been served by First Class Mail to the addresses of record on November 7, 2006. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (afc)
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                                                                                                    Legal Document 274 Filed: 11/3/2006, Entered: 11/7/2006, Terminated: 5/29/2007 Notice of Appeal
                                                                                                    NOTICE OF APPEAL; certificate of service by Mike Johann as to [255]: AMENDED Order Granting in Part and Denying in Part Plaintiffs' Motion for Summary Judgment and Granting in Part and Denying in Part Defendants' Motion for Summary Judgment; [256]: Clerk's Judgment in a Civil Case; and [270]: Order denying Defendants' F.R.C.P. 59 Motion to Amend Judgment. Filing fee: N/A (USA appeal)(afc)
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                                                                                                      Legal Document 273 Filed: 11/3/2006, Entered: 11/3/2006 ~Notice (other)
                                                                                                      NOTICE by Mike Johann, Mike Johann re [255] Order,,,,, [270] Order on Motion to Amend/Correct, [256] Clerk's Judgment Defendants' Notice of Appeal and Certificate of Service Mike Johann, Mike Johann. (Helper, Thomas)
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                                                                                                        Blank -- Filed: 11/3/2006, Entered: 11/7/2006 Corrective Entry
                                                                                                        ADVISORY ENTRY re: docket entry number [273] "NOTICE by Mike Johann...Notice of Appeal and Certificate of Service." No filing fee is required from appellant U.S.A., however, because there is a fee for filing a "Notice of Appeal," the "Notice of Appeal" is one example of a document that presently must be filed in the traditional manner; i.e. it is a pleading that must be filed in paper rather than by electronic filing. The "NOTICE OF APPEAL" filing event is thus not made available to ECF-registered participants. PLEASE BE ADVISED that the Office of the Clerk will re-docket the Notice of Appeal for the original file-date of November 3, 2006. No further action by the filing-party is required . (afc)
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                                                                                                          Legal Document 272 Filed: 11/2/2006, Entered: 11/2/2006 Motion HearingCourt Filing
                                                                                                          EP: [264] Defendants' Motion to Stay Plaintiffs' Fee Petition Pending a Final Decision on the Merits - taken on advisement.Status Conference Re [258] Plaintiffs' Motion for Award of Attorneys' Fees and Costs - held. (FTR-Ctrm C6F, 9:03 - 9:27) (Judge BARRY M. KURREN)(rwy)
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                                                                                                            Legal Document 271 Filed: 10/20/2006, Entered: 10/20/2006 Reply
                                                                                                            REPLY re [264] MOTION to Stay re [258] MOTION for Attorney Fees and Costs Defendants' Motion To Stay Plaintiffs' Fee Petition Pending a Final Decision On the Merits; Certificate of Service Defendants' Reply to Plaintiffs' Opposition to Defendants' Motion to Stay Plaintiffs' Fee Petition Pending a Final Decision on the Merits and Certificate of Service filed by Mike Johann. (Helper, Thomas)
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                                                                                                              Legal Document 270 Filed: 10/11/2006, Entered: 10/11/2006 Order on Motion to Amend/CorrectCourt Filing
                                                                                                              ORDER Denying Defendants' F.R.C.P. 59 Motion to Amend Judgment [257] - Signed by Judge J. MICHAEL SEABRIGHT on 10/11/06. (emt, )
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                                                                                                                Blank -- Filed: 10/11/2006, Entered: 10/11/2006 Court's Certificate of Service
                                                                                                                COURT'S CERTIFICATE of Service - a copy of [270] "ORDER Denying Defendants' F.R.C.P. 59 Motion to Amend Judgment" has been served by First Class Mail to the addresses of record on October 11, 2006. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, )
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                                                                                                                  Blank 269 Filed: 10/6/2006, Entered: 10/6/2006 Set HearingsCourt Filing
                                                                                                                  EO:Status Conference Re [258] Plaintiffs' Motion for Award of Attorneys' Fees and costs set for 10/17/2006 continued to 11/2/2006 09:00 AM before JUDGE BARRY M. KURREN. Also set for hearing on that same date and time is [264]-Defendants' Motion to Stay Plaintiffs' Fee Petition pending a Final Decision. (Judge BARRY M. KURREN )(lls, )
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                                                                                                                    Legal Document 268 Filed: 10/6/2006, Entered: 10/6/2006 Reply
                                                                                                                    REPLY Brief in Support of Defendants' Motion For Reconsideration; Certificate of Service filed by Mike Johann. (Burke, R.)
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                                                                                                                      Blank 267 Filed: 10/5/2006, Entered: 10/5/2006 Notice of Hearing on Motion
                                                                                                                      NOTICE of Hearing on [264] Defendants' Motion to Stay Plaintiffs' Fee Petition Pending a Final Decision on the Merits is set for 11/2/2006 at 09:00 AM before JUDGE BARRY M. KURREN. (rwy)
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                                                                                                                        Legal Document 266 Filed: 10/4/2006, Entered: 10/4/2006 Memorandum in Opposition to Motion
                                                                                                                        MEMORANDUM in Opposition to Defendant's Motion to Stay filed by Center for Food Safety. (Attachments: # (1) Attachment# (2) Certificate of Service)(Achitoff, Paul) Modified on 10/4/2006 to create link to M/Stay: [264](afc).
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                                                                                                                          Legal Document 265 Filed: 10/4/2006, Entered: 10/4/2006 Response
                                                                                                                          RESPONSE re [262] Statement of Consultation Defendants' Response To Plaintiffs' Statement of Consultation; Certificate of Service filed by Mike Johann. (Ching, Edric)
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                                                                                                                            Legal Document 264 Filed: 10/2/2006, Entered: 10/2/2006, Terminated: 11/7/2006 Motion to Stay
                                                                                                                            MOTION to Stay re [258] MOTION for Attorney Fees and Costs Defendants' Motion To Stay Plaintiffs' Fee Petition Pending a Final Decision On the Merits; Certificate of Service by Mike Johann. (Attachments: # (1) Memorandum Memorandum in Support of Motion to Stay Plaintiffs' Fee Petition Pending a Final Decision on the Merits)(Helper, Thomas)
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                                                                                                                              Legal Document 263 Filed: 10/2/2006, Entered: 10/2/2006 Memorandum in Opposition to Motion
                                                                                                                              MEMORANDUM in Opposition to Defendants FRCP 59 Motion to Amend Judgment filed by Center for Food Safety. (Attachments: # (1) Exhibit Partial Transcript# (2) Certificate of Service)(Achitoff, Paul) Modified on 10/2/2006 to add link to subject motion: [257](afc).
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                                                                                                                                Legal Document 262 Filed: 10/2/2006, Entered: 10/2/2006 Statement of Consultation
                                                                                                                                STATEMENT of Consultation filed by Center for Food Safety. (Achitoff, Paul) Modified on 10/2/2006 to link to [258] M/Atty Fees (afc).
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                                                                                                                                  Blank -- Filed: 10/2/2006, Entered: 10/2/2006 Corrective Entry
                                                                                                                                  CORRECTIVE ENTRY - NO LINK TO MOTION; SIGNATURE ON DOCUMENT DIFFERS FROM THE ECF LOGIN & PASSWORD re: docket entry number [263] "MEMORANDUM in Opposition to Defendants FRCP 59 Motion to Amend Judgment..." filed by Center for Food Safety. Please be advised that the Memorandum in Opposition should have been linked to the appropriate Motion to which the memorandum addresses. The Office of the Clerk will modify the docket text to create the "link" to the Motion to Amend Judgment, document [257]. Secondly, since the user's login and password constitutes the electronic signature, the filer should not make entries signed by another attorney. In this instance, the signature on the document should have been reflected as "/s/ Paul H. Achitoff". For future reference, Mr. Moriwake as the "/s/" signatory on the document, would use his own login and password to e-file a document. No further action by the filing party is required. (afc)
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                                                                                                                                    Legal Document (Payment Possibly Required) 261 Filed: 9/26/2006, Entered: 9/26/2006 TranscriptCourt Filing
                                                                                                                                    TRANSCRIPT of Proceedings - Status Conference (partial transcript) - held on August 22, 2006 before Judge J. Michael Seabright. Court Reporter: Sharon Ross. (sr@hid.uscourts.gov) (pp. 6)
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                                                                                                                                      Blank 260 Filed: 9/26/2006, Entered: 9/26/2006 Set HearingsCourt Filing
                                                                                                                                      EO: Status Conference Re [258] Plaintiffs' Motion for Award of Attorneys' Fees and Costs is set for 10/17/2006 at 10:00 AM before JUDGE BARRY M. KURREN. (Judge BARRY M. KURREN)(rwy)
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                                                                                                                                        Legal Document 258 Filed: 9/21/2006, Entered: 9/21/2006, Terminated: 4/19/2007 Motion for Attorney Fees
                                                                                                                                        MOTION for Attorney Fees and Costs by Center for Food Safety. (Attachments: # (1) Memorandum Memo in Support of Motion# (2) Contents & Authorities# (3) Declaration Paul H. Achitoff# (4) Exhibit Exhibit 1# (5) Exhibit Exhibit 2# (6) Exhibit Exhibit 3# (7) Exhibit Exhibit 4# (8) Exhibit Exhibit 5# (9) Exhibit Exhibit 6# (10) Exhibit Exhibit 7# (11) Exhibit Exhibit 8# (12) Certificate of Service)(Achitoff, Paul)
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                                                                                                                                          Legal Document 257 Filed: 9/21/2006, Entered: 9/21/2006, Terminated: 10/11/2006 Motion to Amend/Correct
                                                                                                                                          MOTION to Amend/Correct [256] Clerk's Judgment Defendants' F.R.C.P. 59 Motion To Amend Judgment; Certificate of Service by Mike Johann. (Attachments: # (1) Memorandum Memorandum of Law in Support of Defendants' F.R.C.P. 59 Motion To Amend Judgment)(Helper, Thomas)
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                                                                                                                                            Legal Document 256 Filed: 9/7/2006, Entered: 9/7/2006 Clerks Judgment
                                                                                                                                            CLERK'S JUDGMENT IN A CIVIL CASE (afc)
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                                                                                                                                              Blank -- Filed: 9/7/2006, Entered: 9/7/2006 Court's Certificate of Service
                                                                                                                                              COURT'S CERTIFICATE of Service - a copy of [256] CLERK'S JUDGMENT IN A CIVIL CASE, has been served by First Class Mail to the addresses of record on September 7, 2006. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (afc)
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                                                                                                                                                Legal Document 255 Filed: 9/1/2006, Entered: 9/1/2006, Terminated: 11/3/2006 OrderCourt Filing
                                                                                                                                                AMENDED ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT re [179] [182] [236] - Signed by Judge J. MICHAEL SEABRIGHT on 8/31/06. amending [247] [the court GRANTS IN PART and DENIES IN PART the Plaintiffs' Motion for Summary Judgment and GRANTS IN PARTand DENIES IN PART the Defendants' Motion for Summary Judgment: the courtGRANTS summary judgment in favor of the Plaintiffs as to Counts One, Two,Three, Four, Six, Seven, Eight, and Nine of their Second Amended Complaint, andthe court GRANTS summary judgment in favor of the Defendants as to CountsFive, Ten, and Eleven of the Plaintiffs' Second Amended Complaint. As thisOrder disposes of all outstanding matters in this case, the clerk of the court is instructed to do the following: (1) enter judgment in favor of the Plaintiffs as to Counts One, Two, Three, Four, Six, Seven, Eight, and Nine of the Plaintiffs' Second Amended Complaint; (2) enter judgment in favor of the Defendants as to Counts Five, Ten, and Eleven of the Plaintiffs' Second Amended Complaint; and (3) close the case file.] (afc)
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                                                                                                                                                  Blank -- Filed: 9/1/2006, Entered: 9/1/2006 Court's Certificate of Service
                                                                                                                                                  COURT'S CERTIFICATE of Service - a copy of [255] AMENDED ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, has been served by First Class Mail to the addresses of record on September 1, 2006. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (afc)
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                                                                                                                                                    Legal Document 254 Filed: 8/23/2006, Entered: 8/23/2006 Status ConferenceCourt Filing
                                                                                                                                                    EP: Status Conference held on 8/22/2006. Present for Plaintiff Paul H. Achitoff. For defendants Gregory Page via telephone, Thomas Helper, Margery Bronster, Jeannette Castagnetti.Arguments heard as to (1) Plaintiffs' and Defendants' Motions for Summary Judgment on Counts 5 and 10 of Plaintiffs' Second Amended Complaint; and (2) potential remedies for Counts 1 through 10 of Plaintiffs' Second Amended Complaint.Matters taken under advisement. (Court Reporter Sharon Ross.) (Judge J. MICHAEL SEABRIGHT )(edm, )
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                                                                                                                                                      Legal Document 253 Filed: 8/21/2006, Entered: 8/21/2006 Response
                                                                                                                                                      RESPONSE to Defs. Supp Brief re Equitable or Other Remedies filed by Center for Food Safety. (Attachments: # (1) Achitoff Declaration# (2) Exhibit 1# (3) Exhibit 2 # (4) Exhibit 3 # (5) Certificate of Service)(Achitoff, Paul) Modified on 8/22/2006: describe attachment 4; link to: [250], [247] (afc).
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                                                                                                                                                        Legal Document 252 Filed: 8/21/2006, Entered: 8/21/2006 Response
                                                                                                                                                        RESPONSE re [249] Supplement Intervenor the Biotechnology Industry Organization's Response in Opposition to Plaintiffs' Supplemental Brief Regarding Remedies filed by Biotechnology Industry Organization. (Attachments: # (1) Certificate of Service)(Castagnetti, Jeannette)
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                                                                                                                                                          Legal Document 251 Filed: 8/21/2006, Entered: 8/21/2006 Response
                                                                                                                                                          RESPONSE to Intervenor's Supp Brief re Remedy filed by Center for Food Safety. (Achitoff, Paul)
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                                                                                                                                                            Blank -- Filed: 8/21/2006, Entered: 8/22/2006 Corrective Entry
                                                                                                                                                            CORRECTIVE ENTRY - No link to pleading; attachment not described re: docket entry number [253] "RESPONSE to Defs. Supp Brief re Equitable or Other Response..." filed by Center for Food Safety. For future reference, the filing party is reminded to "Link" responsive pleadings to the appropriate motion/pertinent document. Secondly, Attachment # (4) to this filing was not described. The filing party should take caution to properly describe all attachments in future filings. This office will describe Attachment # (4) as "Exhibit 3". No further action by the filing party is required . (afc)
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                                                                                                                                                              Legal Document 250 Filed: 8/17/2006, Entered: 8/17/2006 Reply
                                                                                                                                                              REPLY re [247] Order,,,,, Intervenor the Biotechnology Industry Organization's Supplemental Brief Regarding Remedy filed by Biotechnology Industry Organization. (Attachments: # (1) Certificate of Service)(Castagnetti, Jeannette)
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                                                                                                                                                                Legal Document 249 Filed: 8/17/2006, Entered: 8/17/2006 Supplement
                                                                                                                                                                SUPPLEMENT by Center for Food Safety Brief Regarding Remedies. (Achitoff, Paul) Modified on 8/19/2006 to create link to [247] Court's ORDER (afc).
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                                                                                                                                                                  Legal Document 248 Filed: 8/17/2006, Entered: 8/17/2006 Reply
                                                                                                                                                                  REPLY re [247] Order,,,,, Defendants' Supplemental Brief About the Efficacy of Equitable or Other Remedies and Certificate of Service filed by Mike Johann. (Helper, Thomas)
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                                                                                                                                                                    Legal Document 247 Filed: 8/10/2006, Entered: 8/10/2006 OrderCourt Filing
                                                                                                                                                                    ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT re [179] [236] . Signed by Judge J. MICHAEL SEABRIGHT on 8/10/06. (eps ) - the court GRANTS summary judgment in favor of the Plaintiffs as to Counts One, Two, Three, Four, Six, Seven, Eight, and Nine of their Second Amended Complaint; the court GRANTS summary judgment in favor of the Defendants as to Count Eleven of the Plaintiffs' Second Amended Complaint; and the court WITHHOLDS RULING as to Counts Five and Ten of the Plaintiffs' Second Amended Complaint...the court will hold a hearing on August 22, 2006, at 9:00 a.m., as to the appropriate remedies in this case. All parties -- the Plaintiffs, the Defendants, and the Intervenors -- may file briefs, up to fifteen pages in length, discussing their views as to what appropriate remedies should be based on this Order. These briefs should also discuss Counts Five and Ten of the Plaintiffs' Second Amended Complaint (as discussed in note 16, supra). These briefs shall be filed no later than August 17, 2006. All parties may file responsive briefs, up to five pages in length, no later than August 21, 2006 at 12:00 p.m.
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                                                                                                                                                                      Blank -- Filed: 8/10/2006, Entered: 8/10/2006 Court's Certificate of Service
                                                                                                                                                                      COURT'S CERTIFICATE of Service - [247] Order has been served by First Class Mail to the addresses of record on 8/10/06. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eps )
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                                                                                                                                                                        Legal Document 246 Filed: 7/31/2006, Entered: 7/31/2006, Terminated: 7/31/2006 Motion for Miscellaneous Relief
                                                                                                                                                                        MOTION Defendants' Additional Briefing on Plaintiffs' Pettiion for Rulemaking; Certificate of Service re [240] Order, by Mike Johann. (Attachments: # (1) Declaration John T. Turner, Ph.D.# (2) Exhibit A# (3) Exhibit B)(Helper, Thomas)
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                                                                                                                                                                          Legal Document 245 Filed: 7/31/2006, Entered: 7/31/2006 Supplement
                                                                                                                                                                          SUPPLEMENT by Center for Food Safety Supplemental Brief Re APHIS's Response to Plaintiffs' 12/16/02 Petition. (Attachments: # (1) Achitoff Declaration# (2) Exhibit 1# (3) Certificate of Service)(Achitoff, Paul)
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                                                                                                                                                                            Blank -- Filed: 7/31/2006, Entered: 8/1/2006 Corrective Entry
                                                                                                                                                                            CORRECTIVE ENTRY. The wrong event "MOTION" was selected as to entry docket number [246] MOTION Defendants' Additional Briefing on Plaintiffs' Petition for Rulemaking; Certificate of Service re [240] Order, filed by Mike Johann. As the document is titled as "Additional Briefing...", the filing party may have selected a more appropriate event such as "Supplement" found under "Other Documents". In this instance, no further action is required by the filing party. The "Motion" created by the filing of this document will be terminated.. (afc)
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                                                                                                                                                                              Legal Document (Payment Possibly Required) 244 Filed: 7/21/2006, Entered: 7/21/2006 TranscriptCourt Filing
                                                                                                                                                                              PARTIAL TRANSCRIPT of Proceedings - 1) Defendant's Motion for Summary Judgment; 2) Plaintiffs' Motion for Summary Judgment; 3) Motion to Strike - held on July 7, 2006 before Judge J. Michael Seabright. Court Reporter: Sharon Ross. (sr@hid.uscourts.gov) (pp. 6)
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                                                                                                                                                                                Legal Document (Payment Possibly Required) 243 Filed: 7/21/2006, Entered: 7/21/2006 TranscriptCourt Filing
                                                                                                                                                                                PARTIAL TRANSCRIPT of Proceedings - 1) Defendant's Motion for Summary Judgment; 2) Plaintiffs' Motion for Summary Judgment; 3) Motion to Strike - held on July 7, 2006 before Judge J. Michael Seabright. Court Reporter: Sharon Ross. (sr@hid.uscourts.gov) (pp. 43)
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                                                                                                                                                                                  Blank 242 Filed: 7/19/2006, Entered: 7/19/2006 Set DeadlinesCourt Filing
                                                                                                                                                                                  EO:[241] MOTION for Extension of Time to File Defendants' Motion to Extend Time for Filing of Supplemental Brief About Plaintiffs' Rulemaking Claim to 31 July 2006-is Granted. The Plaintiffs and the Defendants shall file their supplemental briefs no later than 7/31/2006. Motion terminated. (Judge J. MICHAEL SEABRIGHT )(lls, )
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                                                                                                                                                                                    Legal Document 241 Filed: 7/13/2006, Entered: 7/13/2006, Terminated: 7/19/2006 Motion for Extension of Time to File
                                                                                                                                                                                    MOTION for Extension of Time to File Defendants' Motion to Extend Time for Filing of Supplemental Brief About Plaintiffs' Rulemaking Claim to 31 July 2006; Certificate of Service by Mike Johann. (Helper, Thomas)
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                                                                                                                                                                                      Legal Document 240 Filed: 7/11/2006, Entered: 7/11/2006 OrderCourt Filing
                                                                                                                                                                                      ORDER REQUESTING ADDITIONAL BRIEFING - Signed by Judge J. MICHAEL SEABRIGHT on 7/11/06. [Plaintiffs and Defendants to submit additional briefing; briefs & supporting documentation due by 4:00 p.m. on Wednesday, July 19, 2006] re [179] [182] [236]: Motions for Summary Judgment (afc)
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                                                                                                                                                                                        Blank -- Filed: 7/11/2006, Entered: 7/12/2006 Corrective Entry
                                                                                                                                                                                        CORRECTIVE ENTRY - The file date entered for docket entry number [239]: MINUTES of hearing on Defendant's Motion for Summary Judgment, was inadvertently documented for the file date of July 11, 2006 rather than the correct date of the hearing: July 7, 2006. The "Date filed" field on the case docket will be modified to reflect the July 7, 2006 date. (afc)
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                                                                                                                                                                                          Blank -- Filed: 7/11/2006, Entered: 7/11/2006 Court's Certificate of Service
                                                                                                                                                                                          COURT'S CERTIFICATE of Service - a copy of [240] ORDER REQUESTING ADDITIONAL BRIEFING, has been served by First Class Mail to the addresses of record on July 11, 2006. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (afc)
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                                                                                                                                                                                            Legal Document 239 Filed: 7/7/2006, Entered: 7/11/2006 LinkCourt Filing
                                                                                                                                                                                            EP: Motions Taken Under Advisement: [236] MOTION for Summary Judgment; Memo in Support. Arguments made on 7-7-06)(Court Reporter Sharon Ross.) (Judge J. MICHAEL SEABRIGHT )(edm, ) Modified on 7/12/06: "Date Filed" field corrected from 7/11/06 to 7/7/06, the date of the hearing. (afc)
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                                                                                                                                                                                              Legal Document 238 Filed: 7/6/2006, Entered: 7/6/2006 ~Notice (other)
                                                                                                                                                                                              NOTICE by Mike Johann re [236] MOTION for Summary Judgment ; Memo in Support; Defendants' Notice of Filing Sixth Declaration of Neil Hoffman in Opposition to Plaintiffs' Motion for Summary Judgment; Certificate of Service (Attachments: # (1) Exhibit L)(Helper, Thomas)
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                                                                                                                                                                                                Legal Document 237 Filed: 7/6/2006, Entered: 7/6/2006 Concise Statement in Support of Motion
                                                                                                                                                                                                CONCISE STATEMENT in Support Plaintiffs' Motion for Summary Judgment filed by Center for Food Safety. (Attachments: # (1) Schubert Dec# (2) Schubert Dec 2# (3) Gurian Sherman Dec 2# (4) Rissler Dec 2# (5) Arriola Dec# (6) Conant Dec# (7) Achitoff Dec# (8) Exhibit 1# (9) Exhibit 2# (10) Exhibit 3# (11) Exhibit 4# (12) Exhibit 5# (13) Exhibit 6# (14) Exhibit 7# (15) Exhibit 8# (16) Exhibit 9# (17) Exhibit 10# (18) Exhibit 11# (19) Exhibit 12# (20) Exhibit 13# (21) Exhibit 14# (22) Exhibit 15# (23) Exhibit 16# (24) Exhibit 17# (25) Exhibit 18# (26) Exhibit 19# (27) Certificate of Service)(Achitoff, Paul) [236] Modified on 7/6/2006 - link added (ecs, ).
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                                                                                                                                                                                                Legal Document 236 Filed: 7/6/2006, Entered: 7/6/2006, Terminated: 9/7/2006 Motion for Summary Judgment
                                                                                                                                                                                                MOTION for Summary Judgment ; Memo in Support; by Center for Food Safety. (Attachments: # (1) Certificate of Compliance# (2) Certificate of Service)(Achitoff, Paul)
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                                                                                                                                                                                                  Legal Document 234 Filed: 7/5/2006, Entered: 7/5/2006 LinkCourt Filing
                                                                                                                                                                                                  EO: MINUTE ORDER {re: [179] Defendants' MOTION for Summary Judgment; [182] Plaintiffs' MOTION for Summary Judgment} The Plaintiffs' and the Defendants' motions for summary judgment will beheard at 8:30 a.m. on Friday, July 7, 2006. In reviewing the parties' briefs, thecourt observes that the focus of the Plaintiffs' and the Defendants' briefs appearsto be on the merits of the administrative agency's decisions to issue severalpermits. The Plaintiffs' lawsuit, however, asks the court to decide whether theDefendants complied with certain procedural requirements as set forth in theNational Environmental Policy Act ("NEPA"), the Endangered Species Act("ESA"), the Plant Protection Act ("PPA"), and implementing regulations. See,e.g., 42 U.S.C. 4321 et seq., 16 U.S.C. 1531 et seq., 7 U.S.C. 7701 et seq., 40CFR 1508.4, 40 CFR 1508.27, 7 CFR 372.1 et seq., 50 CFR 402.01 etseq.; see also 5 U.S.C. 701 et seq. (Administrative Procedure Act or "APA").Neither the Plaintiffs nor the Defendants have clearly articulated thelegal framework applicable in this case, nor has either party cogently explainedwhether the administrative agency's review complied with the required proceduralframework. To assist the court in resolving the instant dispute, the court asks thePlaintiffs and the Defendants to be prepared to address the following issues at thehearing with respect to the four permits at issue as well as the Plaintiffs' Petitionon GEPPVs: 1. What procedures, if any, are required by NEPA (including the implementing regulations) when an agency determines that acategorical exclusion applies and that an exception to theexclusion does not apply? 2. In this case, under the ESA, which party or parties had theinitial legal responsibility to identify listed species andhabitats? 3. As to both Questions 1 and 2, what specific evidence is thereinside the administrative record that the administrative agencydid or did not comply with the mandated procedures? 4. To the extent that a party seeks to introduce evidence outsidethe administrative record, why does this evidence falls withinan exception to the general rule that this court's review shouldbe limited to the administrative record? See Love v. Thomas,858 F.2d 1347, 1356 (9th Cir. 1988). 5. Have there been any changes in any of the relevant regulationssince the time of the agency actions? In other words, have anyof the relevant regulations been amended since the time thefour permits were issued or since the time the Plaintiffssubmitted their Petition?This list of questions is by no means exhaustive. It is designed solelyto help the parties to focus their arguments so as to assist the court in its ruling. cc: Paul H. Achitoff, Esq.; Thomas Helper, Esq.; Margery Bronster, Esq. (Judge J. MICHAEL SEABRIGHT)(afc)
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                                                                                                                                                                                                    Blank 233 Filed: 7/3/2006, Entered: 7/5/2006 Terminate HearingsCourt Filing
                                                                                                                                                                                                    EP: Hearing on Appeal's from Magistrate Judges Order:Present for plaintiff, Paul H. Achitoff. For defendants Jeannette Castagnetti, Thomas Helper and Margery Bronster telephonically. Arguments made.Court Denied plaintiffs and defendants appeals and AFFIRMS Magistrate Judge Kurren's Order. (Court Reporter Sharon Ross.) (Judge J. MICHAEL SEABRIGHT )(edm, ) Modified on 7/5/2006 to include link to Appeal [230](afc).
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                                                                                                                                                                                                      Blank 232 Filed: 6/29/2006, Entered: 6/29/2006 OrderCourt Filing
                                                                                                                                                                                                      ORDER GRANTING in Part and DENYING in part Intervenor The Biotechnology Industry Organization's [209] MOTION to Maintain Seal on Confidential Information contained in Plaintiffs' [182] Motion for Summary Judgment filed March 31, 2006 and Related Documents - Signed by Judge BARRY M. KURREN on 6/28/06. (afc) (ORDER FILED UNDER SEAL)
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                                                                                                                                                                                                        Blank 231 Filed: 6/29/2006, Entered: 6/29/2006 Set HearingsCourt Filing
                                                                                                                                                                                                        EO: Hearing on Appeal's from Magistrate Judges Order set for 7/3/2006 09:00 AM before JUDGE J. MICHAEL SEABRIGHT. (Judge J. MICHAEL SEABRIGHT )(edm,)
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                                                                                                                                                                                                          Blank -- Filed: 6/29/2006, Entered: 6/29/2006 Court's Certificate of Service
                                                                                                                                                                                                          COURT'S CERTIFICATE of Service - a copy of [232] ORDER GRANTING IN PART AND DENYING IN PART INTERVENOR THE BIOTECHNOLOGY INDUSTRY ORGANIZATION'S MOTION TO MAINTAIN SEAL ON CONFIDENTIAL INFORMATION, filed under seal on June 29, 2006, has been served June 29, 2006 via First Class Mail upon counsel of record. (Interoffice delivery to: Chambers of Judge J. Michael Seabright) (afc)
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                                                                                                                                                                                                            Blank 230 Filed: 6/28/2006, Entered: 6/29/2006 Appeal of Magistrate Judge Decision to District CoCourt Filing
                                                                                                                                                                                                            STATEMENT OF APPEAL from Magistrate's Order arising out of hearing date June 26, 2006; Exhibits A - C; certificate of service - by Intervenor Biotechnology Industry Organization re [227] Minutes of hearing (afc) (cc: JMS/BMK) Modified on 6/29/2006 to indicate document is SEALED. (afc) Modified on 6/29/2006 to include link to Magistrate Judge's Order: document [232](afc).
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                                                                                                                                                                                                              Legal Document 229 Filed: 6/28/2006, Entered: 6/28/2006 Appeal of Magistrate Judge Decision to District CoCourt Filing
                                                                                                                                                                                                              APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Center for Food Safety (Achitoff, Paul) Modified on 6/28/2006 to include link to Minutes: [227] (afc). Modified on 6/29/2006 to include link to Magistrate Judge's Order: document [232](afc).
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                                                                                                                                                                                                                Blank -- Filed: 6/28/2006, Entered: 6/29/2006 Corrective Entry
                                                                                                                                                                                                                CORRECTIVE ENTRY in re: docket entry number [230] "Intervenor's Statement of Appeal from Magistrate's Order...". The docket text failed to include a notation indicating that this document was filed under SEAL. No document image is attached to the entry. . (afc)
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                                                                                                                                                                                                                  Legal Document 228 Filed: 6/27/2006, Entered: 6/27/2006 ~Notice (other)
                                                                                                                                                                                                                  NOTICE /Corrective entry re [227]. The incorrect image was attached to the docket entry. The corrected image is now attached.(rwy)
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                                                                                                                                                                                                                    Legal Document 227 Filed: 6/26/2006, Entered: 6/27/2006 Terminate MotionsCourt Filing
                                                                                                                                                                                                                    EP: [209] Intervenor the Biotechnology Industry Organization's Motion to Maintain Seal on Confidential Information Contained in Plaintiffs' Motion for Summary Judgment Filed March 31, 2006 and Related Documents - GRANTED in part. Court to prepare order. Notice of Appeal to be filed by 6/28/06.Motion terminated: [209] MOTION to Maintain Seal on Confidential Information Contained in Plaintiffs' Motion for Summary Judgment and Related Documents filed by Biotechnology Industry Organization. (FTR-Ctrm C6F, 2:43 - 3:30) (Judge BARRY M. KURREN)(rwy) Additional attachment(s) added on 6/27/2006 (rwy). Modified on 6/27/2006 (rwy).
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                                                                                                                                                                                                                      Blank 226 Filed: 6/23/2006, Entered: 6/23/2006 LinkCourt Filing
                                                                                                                                                                                                                      EP: Further Status Conference Re [209] Motion to Maintain Seal on Confidential Information Contained in Plaintiffs' Motion for Summary Judgment Filed March 31, 2006 and Related Documents held.Motion to Maintain Seal on Confidential Information Contained in Plaintiffs' Motion for Summary Judgment Filed March 31, 2006 and Related Documents is set for hearing on 6/26/06 @ 2:30 p.m., BMK. (FTR-Ctrm Chambers, 11:45 - 12) (Judge BARRY M. KURREN)(rwy)
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                                                                                                                                                                                                                        Blank 225 Filed: 6/23/2006, Entered: 6/23/2006 Notice of Hearing on Motion
                                                                                                                                                                                                                        NOTICE of Hearing on [209] Intervenor the Biotechnology Industry Organization's Motion to Maintain Seal on Confidential Information Contained in Plaintiffs' Motion for Summary Judgment Filed March 31, 2006 and Related Documents is set for 6/26/2006 02:30 PM before JUDGE BARRY M. KURREN. (rwy)
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                                                                                                                                                                                                                          Legal Document 223 Filed: 6/22/2006, Entered: 6/22/2006 Order on Motion to StrikeCourt Filing
                                                                                                                                                                                                                          ORDER DENYING MOTION TO STRIKE AND PROHIBITING THE PARTIES FROM FILING ADDITIONAL DOCUMENTS WITHOUT LEAVE OF COURT - Signed by Judge J. MICHAEL SEABRIGHT on 6/21/06. [Court DENIES [207] MOTION to Strike Defendants' Sixth Declaration of Neil Hoffman. Court DENIES AS MOOT [220] Plaintiff's MOTION for Leave to File an Opposition to Plaintiffs' Motion To Strike. Court furthermore orders that any party wishing to file additional documents in this case must obtain leave of court to do so; "...This requirement will remain in effect until the court issues a written order on the parties' motions for summary judgment or unless otherwise ordered by this court or by the Magistrate Judge. This requirement does not apply to the parties' filings related to [209] the Motion to Maintain Seal on Confidential Information currently pending before the Magistrate Judge...".] (afc)
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                                                                                                                                                                                                                            Blank -- Filed: 6/22/2006, Entered: 6/22/2006 Court's Certificate of Service
                                                                                                                                                                                                                            COURT'S CERTIFICATE of Service - a copy of [223] ORDER DENYING MOTION TO STRIKE AND PROHIBITING THE PARTIES FROM FILING ADDITIONAL DOCUMENTS WITHOUT LEAVE OF COURT, has been served by First Class Mail to the addresses of record on June 22, 2006. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (afc)
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                                                                                                                                                                                                                              Legal Document 224 Filed: 6/21/2006, Entered: 6/22/2006 Status ConferenceCourt Filing
                                                                                                                                                                                                                              EP: Status Conference Re [209] Motion to Maintain Seal on Confidential Information Contained in Plaintiffs' Motion for Summary Judgment Filed March 31, 2006 and Related Documents held on 6/21/2006. (FTR-Ctrm Chambers, 2:30 - 4) (Judge BARRY M. KURREN)(rwy) Modified on 6/23/2006 to add doc no. of motion. (afc)
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                                                                                                                                                                                                                                Sealed Legal Document 222 Filed: 6/20/2006, Entered: 6/22/2006 Response
                                                                                                                                                                                                                                Plaintiffs' RESPONSE to [218] Intervenor Biotachnology Industry Organization's SUPPLEMENT to [209] MOTION to Maintain Seal on Confidential Information Contained in Plaintiffs' [179] Motion for Summary Judgment Filed 03/31/06 and Related Documents ; Declaration of Paul H. Achitoff; exhibits "1" - "3"; certificate of service (SEALED) (afc)
                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                  Legal Document 221 Filed: 6/20/2006, Entered: 6/20/2006 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                  MEMORANDUM in Opposition re [220] to Defendant's Motion for Leave to File Opp to Plaintiffs' Motion to Strike as a Post-Hearing Brief filed by Center for Food Safety. (Achitoff, Paul)
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                                                                                                                                                                                                                                    Legal Document 220 Filed: 6/20/2006, Entered: 6/20/2006, Terminated: 6/22/2006 Motion for Leave to File
                                                                                                                                                                                                                                    MOTION for Leave to File Opposition to Plaintiffs' Motion To Strike as a Post-Hearing Brief by Mike Johann. (Helper, Thomas)
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                                                                                                                                                                                                                                      Blank 219 Filed: 6/19/2006, Entered: 6/19/2006 Set HearingsCourt Filing
                                                                                                                                                                                                                                      EO: Status Conference Re Motion to Maintain Seal on Confidential Information Contained in Plaintiffs' Motion for Summary Judgment Filed March 31, 2006 and Related Documents is set for 06/21/2006 at 02:30 PM before Judge BARRY M. KURREN. Mr. Achitoff and Ms. Bronster to be present. (Judge BARRY M. KURREN) (rwy)
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                                                                                                                                                                                                                                        Sealed Legal Document 218 Filed: 6/19/2006, Entered: 6/19/2006 Supplement
                                                                                                                                                                                                                                        SUPPLEMENT by Biotechnology Industry Organization to its MOTION: re [209] MOTION to Maintain Seal on Confidential Information Contained in Plaintiffs' Motion for Summary Judgment Filed 03/31/06 and Related Documents; exhibits A - H; certificate of service (SEALED) (afc)
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                                                                                                                                                                                                                                          Legal Document 217 Filed: 6/19/2006, Entered: 6/19/2006 ERRATA
                                                                                                                                                                                                                                          Errata re [209] MOTION to Maintain Seal on Confidential Information Contained in Plaintiffs' Motion for Summary Judgment Filed 03/31/06 and Related Documents. (Attachments: # (1) Exhibit A# (2) Certificate of Service)(Castagnetti, Jeannette)
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                                                                                                                                                                                                                                            Legal Document 216 Filed: 6/19/2006, Entered: 6/19/2006 Declaration
                                                                                                                                                                                                                                            Declaration re [209] MOTION to Maintain Seal on Confidential Information Contained in Plaintiffs' Motion for Summary Judgment Filed 03/31/06 and Related Documents Submission of Original Declarations. (Attachments: # (1) Declaration Second Declaration of Philip J. Eppard, Ph.D# (2) Declaration of John W. Reiher# (3) Declaration Second Declaration of L. Von Kaster# (4) Certificate of Service)(Castagnetti, Jeannette)
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                                                                                                                                                                                                                                              Legal Document 215 Filed: 6/19/2006, Entered: 6/19/2006 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                              MEMORANDUM in Opposition [209] Intervenor's Motion to Maintain Seal on Confidential Information filed by Center for Food Safety. (Attachments: # (1) Declaration of William Freese; # (2) Declaration of Lorrin Pang, M.D., M.P.H.; # (3) Declaration of Margaret Mellon, Ph.D.; # (4) Declaration of Paul H. Achitoff; exhibits 1-5; # (5) Exhibit 1 to Declaration of Paul H. Achitoff; # (6) Exhibit 2 to Declaration of Paul H. Achitoff; # (7) Exhibit 3 to Declaration of Paul H. Achitoff; # (8) Exhibit 4 to Declaration of Paul H. Achitoff; # (9) Exhibit 5 to Declaration of Paul H. Achitoff; # (10) Certificate of Compliance; # (11) Certificate of Service )(Achitoff, Paul) Modified on 6/19/2006 to include description of attachments (afc).
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                                                                                                                                                                                                                                              Blank -- Filed: 6/19/2006, Entered: 6/19/2006 Corrective Entry
                                                                                                                                                                                                                                              CORRECTIVE ENTRY AS TO THE ATTACHMENTS included in docket entry number [215] "Memorandum in Opposition Intervenor's Motion to Maintain Seal on Confidential Information" filed by Center for Food Safety. Although attached correctly, there is no description as to each attachment. This office will describe the attachments 1 through 11 as such: Attachment # 1: Declaration of William Freese; Attachment # 2: Declaration of Lorrin Pang, M.D., M.P.H.; Attachment # 3: Declaration of Margaret Mellon, Ph.D.; Attachment # 4: Declaration of Paul H. Achitoff; exhibits 1 - 5; Attachment # 5: Exhibit 1 to Declaration of Paul H. Achitoff; Attachment # 6: Exhibit 2 to Declaration of Paul H. Achitoff; Attachment # 7: Exhibit 3 to Declaration of Paul H. Achitoff; Attachment # 8: Exhibit 4 to Declaration of Paul H. Achitoff; Attachment # 9: Exhibit 5 to Declaration of Paul H. Achitoff; Attachment # 10: Certificate of Compliance; Attachment # 11: Certificate of Service. The filing party should take caution to properly describe each attachment in future filings. (afc)
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                                                                                                                                                                                                                                                Legal Document 214 Filed: 6/14/2006, Entered: 6/16/2006 LinkCourt Filing
                                                                                                                                                                                                                                                EO: MINUTE ORDER - On June 8, 2006, the court received a letter from Plaintiff's counsel regarding the scope of the court's June 1, 2006 order [205]. The court hereby clarifies that the June 1, 2006 order is intended to apply prospectively only. In other words, the June 1, 2006 order applies to the motions for summary judgment currently pending before the court, as well as any future dispositive motions that may come before the court, but does not apply to any dispositive motions previously decided by the court. cc: Isaac H. Moriwake, Esq.; Joseph Mendelson, III, Esq.; Paul H. Achitoff, Esq.;Margery Bronster, Esq.; Gregory D. Page, Esq.; Thomas Helper, Esq. [212](Judge J. MICHAEL SEABRIGHT )(afc)
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                                                                                                                                                                                                                                                  Blank 211 Filed: 6/14/2006, Entered: 6/14/2006 Notice of Hearing on Motion
                                                                                                                                                                                                                                                  NOTICE of Hearing on Motion [207] MOTION to Strike [206] Declaration:Motion Hearing set for 7/7/2006 09:00 AM before JUDGE J. MICHAEL SEABRIGHT. (edm,)
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                                                                                                                                                                                                                                                    Legal Document 210 Filed: 6/13/2006, Entered: 6/13/2006 ERRATA
                                                                                                                                                                                                                                                    Errata to [207] Plaintiffs' Motion to Strike Sixth Declaration of Hoffman. (Attachments: # (1))(Achitoff, Paul) Modified on 6/14/2006 to insert and create document-link to [207] (afc).
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                                                                                                                                                                                                                                                      Legal Document 209 Filed: 6/13/2006, Entered: 6/13/2006, Terminated: 6/26/2006 Motion for Miscellaneous Relief
                                                                                                                                                                                                                                                      MOTION to Maintain Seal on Confidential Information Contained in Plaintiffs' Motion for Summary Judgment Filed 03/31/06 and Related Documents by Biotechnology Industry Organization. (Attachments: # (1) Memorandum # (2) Memorandum Jeannette H. Castagnetti# (3) Exhibit A# (4) Exhibit B# (5) Exhibit C# (6) Exhibit D# (7) Exhibit E# (8) Exhibit F# (9) Certificate of Word Count# (10) Certificate of Service)(Castagnetti, Jeannette)
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                                                                                                                                                                                                                                                      Legal Document 208 Filed: 6/13/2006, Entered: 6/13/2006 Stipulation
                                                                                                                                                                                                                                                      STIPULATION Regarding Unsealing of Motions for Summary Judgment filed March 31, 2006 and Related Documents by Biotechnology Industry Organization. (Castagnetti, Jeannette)
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                                                                                                                                                                                                                                                        Legal Document 207 Filed: 6/9/2006, Entered: 6/9/2006, Terminated: 6/22/2006 Motion to Strike
                                                                                                                                                                                                                                                        MOTION to Strike [206] Declaration by Center for Food Safety. (Attachments: # (1))(Achitoff, Paul)
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                                                                                                                                                                                                                                                          Legal Document 205 Filed: 6/2/2006, Entered: 6/2/2006 OrderCourt Filing
                                                                                                                                                                                                                                                          ORDER DENYING [186] MOTION to Strike and Setting Schedule for Hearing on MOTION for Summary Judgment . Signed by Judge J. MICHAEL SEABRIGHT on 6/1/06. (ecs, )
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                                                                                                                                                                                                                                                            Legal Document 204 Filed: 6/2/2006, Entered: 6/2/2006 Reply
                                                                                                                                                                                                                                                            REPLY re [195] Memorandum in Opposition to Motion for Summary Judgment; Certificate of Service filed by Mike Johann. (Helper, Thomas)
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                                                                                                                                                                                                                                                              Legal Document 203 Filed: 6/2/2006, Entered: 6/2/2006 Reply
                                                                                                                                                                                                                                                              REPLY re [192] Memorandum in Opposition to Motion, filed by Center for Food Safety. (Achitoff, Paul)
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                                                                                                                                                                                                                                                                Legal Document 202 Filed: 6/2/2006, Entered: 6/2/2006 Reply
                                                                                                                                                                                                                                                                REPLY re [182] MOTION for Summary Judgment, [194] Memorandum in Opposition to Motion, Reply to Intervenor's Opposition to Plaintiff's MSJ filed by Center for Food Safety. (Attachments: # (1))(Achitoff, Paul)
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                                                                                                                                                                                                                                                                  Blank -- Filed: 6/2/2006, Entered: 6/2/2006 Court's Certificate of Service
                                                                                                                                                                                                                                                                  COURT'S CERTIFICATE of Service - a copy of [205] Order Denying Motion to Strike and Setting Schedule for Hearing on Motion for Summary Judgment has been served by First Class Mail to the addresses of record on 6/2/06. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (ecs, )
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                                                                                                                                                                                                                                                                    Blank 201 Filed: 6/1/2006, Entered: 6/1/2006 Terminate HearingsCourt Filing
                                                                                                                                                                                                                                                                    EP: Motions terminated: [186] MOTION to Strike [182] MOTION for Summary Judgment filed by Biotechnology Industry Organization:Present for plaintiff Paul H. Achitoff and Isaac H. Moriwake. Present for defendants Margery Bronster, Jeannette Castagnetti, Thomas Helper and Gregory Page telephonically.Judge Seabright disclosed that he was employed by the U. S. Attorney's Office until May 16, 2005. Judge Seabright explained Canon 3C(1) and 3C(1)(e) of the Code of Conduct for United States Judges and 28 U.S.C. Section 455. Judge Seabright disclosed that he reviewed the entire case file in this matter and had no recollection, and did not believe, that he had any contact with or participated in this matter while employed at the U. S. Attorney's Office. Assistant U. S. Attorney Thomas Helper confirmed that Judge Seabright did not participate in this matter while employed at the U. S. Attorney's Office. Counsel for plaintiff, Mr. Achitoff, Ms. Bronster and Mr. Page stated that they had no objection to Judge Seabright presiding over this matter. The Court therefore found no basis for disqualification under the canon of ethics or the laws of the United States. The Court found no basis for disqualification under 455(b)(3).Arguments made. Motion to Strike Motion for Summary Judgment DENIED without prejudice. Court will prepare written Order.All motions scheduled to be heard on 6/13/2006 at 9:00 AM is continued to 7/7/2006 at 9:00 AM. Ms. Bronster to file statement as to what documents should be sealed by 6/13/2006 and Mr. Architoff to respond by 6/19/2006. Arguments made. Motion to Strike Motion for Summary Judgment DENIED without prejudice. Court to prepare written Order. (Court Reporter Sharon Ross.) (Judge J. MICHAEL SEABRIGHT )(edm, )
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                                                                                                                                                                                                                                                                      Blank 206 Filed: 5/31/2006, Entered: 6/4/2006 Declaration
                                                                                                                                                                                                                                                                      Defendants' Notice of filing SIXTH DECLARATION of Neil Hoffman in OPPOSITION to [182] plaintiffs' MOTION for Summary Judgment. (FILED UNDER SEAL) (afc)
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                                                                                                                                                                                                                                                                        Legal Document 199 Filed: 5/31/2006, Entered: 5/31/2006 Reply
                                                                                                                                                                                                                                                                        REPLY re [197] Memorandum in Opposition to Motion Intervenor the Biotechnology Industry Organization's Reply in Support of Motion to Strike filed by Biotechnology Industry Organization. (Attachments: # (1) Certificate of Service)(Castagnetti, Jeannette) Modified on 6/1/2006 to create link to document [186] M/Strike(afc).
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                                                                                                                                                                                                                                                                          Sealed Legal Document 197 Filed: 5/30/2006, Entered: 5/31/2006 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                          Plaintiffs' OPPOSITION to Intervenor Biotechnology Industry Organization's MOTION: re: [186] MOTION to Strike [182] MOTION for Summary Judgment; certificate of service (SEALED) (afc)
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                                                                                                                                                                                                                                                                            Sealed Legal Document 196 Filed: 5/26/2006, Entered: 5/30/2006 Response
                                                                                                                                                                                                                                                                            Plaintiffs' RESPONSE to [180] Defendants' Concise Statement of Material Facts re [179] defendants' MOTION for Summary Judgment; certificate of service (SEALED) (afc)
                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                              Sealed Legal Document 195 Filed: 5/26/2006, Entered: 5/30/2006 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                              Plaintiffs' MEMORANDUM in Opposition to defendants' Motion: re [179] MOTION for Summary Judgment; Table of Contents; Table of Authorities; Third Declaration of Andrew Kimbrell; certificate of service (SEALED) (afc)
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                                                                                                                                                                                                                                                                                Legal Document 194 Filed: 5/26/2006, Entered: 5/26/2006 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                                MEMORANDUM in Opposition re [182] MOTION for Summary Judgment filed by Biotechnology Industry Organization. (Attachments: # (1) Declaration of Michael J. Phillips# (2) Declaration of Margery S. Bronster# (3) Exhibit A# (4) Certificate of Service)(Castagnetti, Jeannette)
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                                                                                                                                                                                                                                                                                  Legal Document 193 Filed: 5/26/2006, Entered: 5/26/2006 Concise Statement in Opposition
                                                                                                                                                                                                                                                                                  Concise Statement in Opposition Defendants' Response to Plaintiffs' Concise Statement of Material Facts; Certificate of Service filed by Mike Johann. (Helper, Thomas)
                                                                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                                                                    Legal Document 192 Filed: 5/26/2006, Entered: 5/26/2006 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                                    MEMORANDUM in Opposition re [182] MOTION for Summary Judgment Defendants' Opposition to Plaintiffs' Motion for Summary Judgment; Certification of Word Count; Certificate of Service filed by Mike Johann. (Attachments: # (1) Table of Contents# (2) Table of Authorities)(Helper, Thomas)
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                                                                                                                                                                                                                                                                                      Legal Document 191 Filed: 5/25/2006, Entered: 5/25/2006 Order on Motion to Shorten time to hear MotionCourt Filing
                                                                                                                                                                                                                                                                                      ORDER granting [187] Ex Parte Motion to Shorten time on Intervenor's Motion to Strike - Signed by Judge J. MICHAEL SEABRIGHT on 05/25/06. [Hearing on [186] Motion to Strike, will be heard on Thursday, June 1, 2006 at 10:30 a.m. before Judge J. Michael Seabright. Parties file responses to intervenor The Biotechnology Industry Organization ("BIO") Motion: 05/30/06. BIO's reply: 05/31/06. This order also makes mention of the 9CCA decision in Kamakana v. City and County of Honolulu] (afc)
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                                                                                                                                                                                                                                                                                        Blank 190 Filed: 5/25/2006, Entered: 5/25/2006 Notice of Hearing on Motion
                                                                                                                                                                                                                                                                                        NOTICE of Hearing on Motion [186] MOTION to Strike [182] MOTION for Summary Judgment:Motion Hearing set for 6/1/2006 10:30 AM before JUDGE J. MICHAEL SEABRIGHT. (edm,)
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                                                                                                                                                                                                                                                                                          Blank -- Filed: 5/25/2006, Entered: 5/25/2006 Court's Certificate of Service
                                                                                                                                                                                                                                                                                          COURT'S CERTIFICATE of Service - a copy of [191] ORDER GRANTING EX PARTE MOTION TO SHORTEN TIME ON INTERVENOR'S MOTION TO STRIKE, has been served by First Class Mail to the addresses of record on May 25, 2006. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (afc)
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                                                                                                                                                                                                                                                                                            Legal Document 189 Filed: 5/24/2006, Entered: 5/24/2006 Reply
                                                                                                                                                                                                                                                                                            REPLY re [188] Memorandum in Opposition to Motion, The Biotechnology Industry Organization's Reply to Plaintiffs' Opposition to Ex Parte Motion for Order Shortening Time for Hearing filed by Biotechnology Industry Organization. (Attachments: # (1) Certificate of Service)(Castagnetti, Jeannette)
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                                                                                                                                                                                                                                                                                              Legal Document 188 Filed: 5/22/2006, Entered: 5/22/2006 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                                              MEMORANDUM in Opposition re [187] Ex Parte MOTION to Shorten Time to hear Motion re[186] MOTION to Strike [182] MOTION for Summary Judgment filed by Center for Food Safety. (Attachments: # (1) Declaration Paul Achitoff# (2) Certificate of Service)(Achitoff, Paul)
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                                                                                                                                                                                                                                                                                                Legal Document 187 Filed: 5/19/2006, Entered: 5/19/2006, Terminated: 5/25/2006 Motion to Shorten Time to hear Motion
                                                                                                                                                                                                                                                                                                Ex Parte MOTION to Shorten Time to hear Motion re[186] MOTION to Strike [182] MOTION for Summary Judgment by Biotechnology Industry Organization. (Attachments: # (1) Declaration of Jeannette H. Castagnetti# (2) Certificate of Service)(Castagnetti, Jeannette)
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                                                                                                                                                                                                                                                                                                  Legal Document 186 Filed: 5/19/2006, Entered: 5/19/2006, Terminated: 6/1/2006 Motion to Strike
                                                                                                                                                                                                                                                                                                  MOTION to Strike [182] MOTION for Summary Judgment by Biotechnology Industry Organization. (Attachments: # (1) Memorandum in Support of Motion# (2) Declaration of Jeannette H. Castagnetti# (3) Exhibit A# (4) Certificate of Service)(Castagnetti, Jeannette)
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                                                                                                                                                                                                                                                                                                    Legal Document 185 Filed: 4/20/2006, Entered: 4/20/2006 ~Notice (other)
                                                                                                                                                                                                                                                                                                    NOTICE by Mike Johann Notice of Filing Confidentiality Statements; Certificate of Service (Attachments: # (1) Exhibit A)(Helper, Thomas)
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                                                                                                                                                                                                                                                                                                      Blank 184 Filed: 4/7/2006, Entered: 4/7/2006 Notice of Hearing on Motion
                                                                                                                                                                                                                                                                                                      NOTICE of Hearing on Motion [182] Center for Food Safety, Kahea, Friends of the Earth, Inc., Pesticide Action Network North America's Motion for Summary Judgment filed 3/31/2006 will be heard on 6/13/2006 9:00 AM. [179] MOTION for Summary Judgment Defendants' Motion for Summary Judgment; Memorandum in Support of Defendants' Motion for Summary Judgment; Certificate of Service orignially scheduled to be heard of 6/5/2006 10:00 AM is continued to 6/13/2006 09:00 AM before JUDGE J. MICHAEL SEABRIGHT. (edm, )
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                                                                                                                                                                                                                                                                                                        Blank 183 Filed: 3/31/2006, Entered: 4/3/2006 Concise Statement in Support of Motion
                                                                                                                                                                                                                                                                                                        CONCISE STATEMENT of Material Facts in Support re [182] MOTION for Summary Judgment; Declaration of David R. Schubert, PH.D; Second Declaration of David R. Schubert, PH.D; Second Declaration of Douglas Gurian-Sherman, PH.D; Second Declaration of Jane F. Rissler, PH.D; Declaration of Paul Arriola, PH.D; Declaration of Sheila Conant, PH.D; Declaration of Paul H. Achitoff; Exhibits 1 - 19; Certificate of service [SEALED] filed by Center for Food Safety, Kahea, Friends of the Earth, Inc., Pesticide Action Network North America. (gls, )
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                                                                                                                                                                                                                                                                                                          Blank 182 Filed: 3/31/2006, Entered: 4/3/2006 Motion for Summary Judgment
                                                                                                                                                                                                                                                                                                          MOTION for Summary Judgment; Memorandum in Support of Motion for Summary Judgment; Certificate of Compliance; Certificate of Service [SEALED] by Center for Food Safety, Kahea, Friends of the Earth, Inc., Pesticide Action Network North America. (gls, )
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                                                                                                                                                                                                                                                                                                            Blank 181 Filed: 3/31/2006, Entered: 3/31/2006 Notice of Hearing on Motion
                                                                                                                                                                                                                                                                                                            NOTICE of Hearing on Motion [179] MOTION for Summary Judgment Defendants' Motion for Summary Judgment; Memorandum in Support of Defendants' Motion for Summary Judgment; Certificate of Service:Motion Hearing set for 6/5/2006 10:00 AM before JUDGE J. MICHAEL SEABRIGHT. (edm, )
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                                                                                                                                                                                                                                                                                                              Legal Document 180 Filed: 3/31/2006, Entered: 3/31/2006 Concise Statement in Support of Motion
                                                                                                                                                                                                                                                                                                              CONCISE STATEMENT in Support re [179] MOTION for Summary Judgment Defendants' Motion for Summary Judgment; Memorandum in Support of Defendants' Motion for Summary Judgment; Certificate of Service Defendants' Concise Statement of Material Facts; Certificate of Servicer filed by William T. Hawks. (Helper, Thomas)
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                                                                                                                                                                                                                                                                                                                Legal Document 179 Filed: 3/31/2006, Entered: 3/31/2006, Terminated: 9/7/2006 Motion for Summary Judgment
                                                                                                                                                                                                                                                                                                                MOTION for Summary Judgment Defendants' Motion for Summary Judgment; Memorandum in Support of Defendants' Motion for Summary Judgment; Certificate of Service by Mike Johann. (Attachments: # (1) Memorandum)(Helper, Thomas)
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                                                                                                                                                                                                                                                                                                                  Legal Document 178 Filed: 3/28/2006, Entered: 3/28/2006 Ex Parte Motion and orderCourt Filing
                                                                                                                                                                                                                                                                                                                  APPLICATION by plaintiffs for leave to file oversized brief in support of its Motion for Summary Judgment (Attachments: # (1) Declaration of Paul H. Achitoff # (2) ORDER granting Application # (3) Certificate of Service) - Order signed by Judge J. MICHAEL SEABRIGHT on 3/27/06. (afc)
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                                                                                                                                                                                                                                                                                                                    Legal Document 177 Filed: 3/22/2006, Entered: 3/23/2006 Declaration
                                                                                                                                                                                                                                                                                                                    Declaration of Paul H. Achitoff re Confidentiality Statement of Sheila Conant (Attachments: # (1) Exhibit A # (2) Certificate of Service)(afc)
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                                                                                                                                                                                                                                                                                                                      Legal Document 176 Filed: 2/21/2006, Entered: 2/21/2006 Original Signature submitted
                                                                                                                                                                                                                                                                                                                      Notice of filing ORIGINAL Confidentiality Statement of David Schubert re [174] (Attachments: # (1) Exhibit A # (2) Certificate of Service)(afc)
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                                                                                                                                                                                                                                                                                                                        Sealed Legal Document 175 Filed: 2/13/2006, Entered: 2/16/2006 Response
                                                                                                                                                                                                                                                                                                                        Letter; attachment [(Declaration of Paul H. Achitoff re: Confidentiality Statements; document (172)] - from Paul H. Achitoff, Esq. addressed to Honorable Barry M. Kurren re [170] Protective Order (SEALED) (afc)
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                                                                                                                                                                                                                                                                                                                          Legal Document 174 Filed: 2/13/2006, Entered: 2/15/2006 Declaration
                                                                                                                                                                                                                                                                                                                          Declaration of Paul H. Achitoff re Confidentiality Statement re [170] Protective Order. (Attachments: # (1) Exhibit A, and Certificate of Service)(afc)
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                                                                                                                                                                                                                                                                                                                            Legal Document 173 Filed: 12/22/2005, Entered: 12/27/2005 Status ConferenceCourt Filing
                                                                                                                                                                                                                                                                                                                            EP: Minute Entry for proceedings held before Judge BARRY M KURREN: Status Conference held on 12/22/2005. Dispositive motion deadline extended; due by 3/31/2006. (Court Reporter No Record.) (afc)
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                                                                                                                                                                                                                                                                                                                              Legal Document 172 Filed: 12/21/2005, Entered: 12/22/2005 Description not available
                                                                                                                                                                                                                                                                                                                              Declaration of Paul H. Achitoff re: Confidentiality Statements - filed by plaintiffs (Attachments: # (1) Exhibit A - Part 1: Confidentiality Statement with signatories: George A. Kimbrell; Peter T. Jenkins, and Copy of "Protective Order re The Administrative Record...." filed 12/09/05 #(2) Exhibit A - Part 2: Confidentiality Statement with signatories Maggie Douglas; Joseph Mendelson, III, and the 12/09/05 Protective Order #(3) Exhibit A - Part 3: Confidentiality Statement with signatories Peter T. Jenkins; Douglas Gorjan-Sherman #(4) Exhibit A - Part 4: Confidentiality Statement with signatories Isaac Moriwake; Paul Achitoff #(5) Exhibit A - Part 5: Confidentiality Statement with signatories Paul Achitoff; Isaac Moriwake #(6) Exhibit A - Part 6: Confidentiality Statement with signatories Paul Achitoff; Everett Ching #(7) Certificate of Service)(afc)
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                                                                                                                                                                                                                                                                                                                              Legal Document 171 Filed: 12/16/2005, Entered: 12/20/2005 Response
                                                                                                                                                                                                                                                                                                                              Certification of the Administrative Record filed by Mike Johann, Chief, Regulatory and Environmental Analysis Branch Biotechnology Regulatory Services Animal and Plant Health Inspection Service, U.S. Department of Agriculture - (attached CD - Administrative Record) (SEALED) (gab, )
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                                                                                                                                                                                                                                                                                                                                Blank 170 Filed: 12/9/2005, Entered: 12/12/2005 Protective OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                PROTECTIVE ORDER re The Administrative Record; exhibit A - Signed by Judge BARRY M KURREN on 12/09/05. (cc: all counsel)(afc)
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                                                                                                                                                                                                                                                                                                                                  Blank 169 Filed: 12/2/2005, Entered: 12/2/2005 Miscellaneous Document
                                                                                                                                                                                                                                                                                                                                  Plaintiffs' Correspondence with attachments, addressed to the Honorable Barry M. Kurren, and submitted re: plaintiffs proposed protective order [168-1] (afc)
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                                                                                                                                                                                                                                                                                                                                    Blank 168 Filed: 11/23/2005, Entered: 11/28/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                    EP : Conference Re Protective Order as to the Administrative Record held. Bronster to prepare Protective Order. Rescheduling Conference set for 12-22-05 @ 10:30 a.m., BMK. ( Ct Rptr : C6, 10:30-11:37) JUDGE Mag Judge Barry M. Kurren (emt)
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                                                                                                                                                                                                                                                                                                                                      Blank 167 Filed: 11/22/2005, Entered: 11/25/2005 Description not available
                                                                                                                                                                                                                                                                                                                                      AMENDED DECLARATION of Paul H. Achitoff in support of plaintiffs' breif regarding protective order filed on November 21, 2005; certificate of service [166-1] (afc)
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                                                                                                                                                                                                                                                                                                                                        Blank 166 Filed: 11/21/2005, Entered: 11/22/2005 Miscellaneous Document
                                                                                                                                                                                                                                                                                                                                        Plaintiffs' BRIEF regarding protective order [24-1]; declaration of Douglas Gurian-sherman, Ph.D.; declaration of Paul H. Achitoff; exhibits 1-4; certificate of service (gab)
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                                                                                                                                                                                                                                                                                                                                          Blank 165 Filed: 11/10/2005, Entered: 11/14/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                          EP: Further Status Conference Re Administrative Record and Rescheduling Conference - parties to submit proposed agreements and matters not agreed upon by 11-21-05. Hearing on Protective Order as to Administrative Record set for 11-23-05 @ 10:30 a.m., BMK. ; status conference set for 10:30 11/23/05 before Mag Judge Barry M. Kurren () JUDGE Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                                                                                                                                                                                                            Blank 164 Filed: 11/7/2005, Entered: 11/13/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                            EO: Continued : [Further Status Conference Re Administrative Record and Rescheduling Conference] from 11/08/2005 08:45:00 AM to 11/10/2005 09:30:00 AM before BMK. Jeannette Holmes to notify parties. () JUDGE Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                                                                                                                                                                                                              Blank 163 Filed: 10/11/2005, Entered: 10/14/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                              EP: Further Status Conference Re Administrative Record and Rescheduling Conference - held. Further conference continued to 11-8-05 @ 8:45 a.m., BMK. Palintiffs' M/Compel set for 10-26-05 is vacated by the court. status conference set for 8:45 11/8/05 before Mag Judge Barry M. Kurren vacating [159-1] motion to compel production of administrative record () JUDGE Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                                                                                                                                                                                                                Blank 162 Filed: 10/6/2005, Entered: 10/11/2005 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                ORDER RE-ASSIGNING CIVIL CASES by Judge David A. Ezra Case reassigned to Judge J. M. Seabright (cc: all counsel, JMS, BMK, respective CRM's) (afc)
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                                                                                                                                                                                                                                                                                                                                                  Blank 161 Filed: 9/27/2005, Entered: 9/28/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                  EP: Status Conference Re Administrative Record - parties to meet and confer on 10-5-05 @ 9 a.m. on the Administrative Record and how it can be produced. Further Status Conference and Rescheduling Conference set for 10-11-05 @ 8:45 a.m., BMK. () JUDGE Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                                                                                                                                                                                                                    Blank 160 Filed: 9/27/2005, Entered: 9/28/2005 Miscellaneous Document
                                                                                                                                                                                                                                                                                                                                                    NOTICE of filing indexes to administrative record - filed by Federal defendants [note: content of this document notes that the administrative record described in the attached indexes...is housed in an APHIS office designated by its record custodian. This pleading further provides information as to how to inspect the record or making other arrangements for copies/transmission] (afc)
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                                                                                                                                                                                                                                                                                                                                                      Blank 159 Filed: 9/26/2005, Entered: 9/28/2005 Motion to CompelCourt Filing
                                                                                                                                                                                                                                                                                                                                                      NOTICE OF MOTION and motion by plaintiffs to compel production of administrative record ; memorandum in support of motion; declaration of Paul H. Achitoff; exhibits 1 - 6; certificate of service - set for 11:00 10/26/05 before Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                                                                                                                                                                                                                        Blank 158 Filed: 8/30/2005, Entered: 9/7/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                        EP: Settlement Conference held. No settlement at this time. Further conference on call. () JUDGE Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                                                                                                                                                                                                                          Blank 157 Filed: 8/18/2005, Entered: 8/24/2005 Answer
                                                                                                                                                                                                                                                                                                                                                          ANSWER by Federal defendants' to plaintiffs' second amended complaint for declaratory and injunctive relief [154-1]; certificate of service (afc)
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                                                                                                                                                                                                                                                                                                                                                            Blank 156 Filed: 8/15/2005, Entered: 8/15/2005 Answer
                                                                                                                                                                                                                                                                                                                                                            The Biotechnology Industry Organization's ANSWER in Intervention to Plaintiffs' Second Amended Complaint; Certificate of Service to [154-1] (gs)
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                                                                                                                                                                                                                                                                                                                                                              Blank 155 Filed: 8/12/2005, Entered: 8/15/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                              EP: Rescheduling Conference - continued to 9/27/05 @ 9:30 a.m., BMK; Status conference Re Administrative Record set for 9/27/05 @ 9:30 a.m., BMK; Govt to provide the Vaughn Index by 9/12/05; Settlement conference set for 9:00 8/30/05 before Mag Judge Barry M. Kurren; Confidential Settlement Conference Statements due 8/26/05 by Mag Judge Barry M. Kurren (gs)
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                                                                                                                                                                                                                                                                                                                                                                Blank 154 Filed: 8/1/2005, Entered: 8/6/2005 Amended Complaint
                                                                                                                                                                                                                                                                                                                                                                SECOND AMENDED COMPLAINT for declaratory and injunctive relief; certificate of service [9-1] - by plaintiffs (afc)
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                                                                                                                                                                                                                                                                                                                                                                  Blank 153 Filed: 8/1/2005, Entered: 8/2/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                  EO: Rescheduling Conference is set for 8-12-05 @ 9 a.m. Hawaii time before Magistrate Judge Barry M. Kurren. Any party who would like to participate by phone is to notify Richlyn Young @ (808) 541-3090 prior to the hearing date. cc: Paul H. Achitoff, Thomas A. Helper, Jean-Michel Voltaire, Gregory D. Page, Margery S. Bronster, Jeannette E. Holmes rescheduling conference set for 9:00 8/12/05 before Mag Judge Barry M. Kurren () JUDGE Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                                                                                                                                                                                                                                    Blank 152 Filed: 7/21/2005, Entered: 7/22/2005 Answer
                                                                                                                                                                                                                                                                                                                                                                    ANSWER by Federal defendants to first amended complaint; certificate of service [9-1] (afc)
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                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 200 Filed: 7/19/2005, Entered: 7/20/2005 Transcript
                                                                                                                                                                                                                                                                                                                                                                      ORIGINAL TRANSCRIPT filed (Ct Rptr Cynthia Tando Fazio) taken on July 12, 2005 (afc)
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                                                                                                                                                                                                                                                                                                                                                                        Blank 151 Filed: 7/18/2005, Entered: 7/20/2005 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                        ORDER denying defendants' renewed motion to dismiss for lack of jurisdiction and failure to state a claim by Judge David A. Ezra [12-1] - Court further grants plaintiffs Hawaiian-Environmental Alliance ("KAHEA") and Pesticide Action Network of North America ("PANNA") LEAVE TO AMEND within 10 days of this order (cc: all counsel) (afc)
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                                                                                                                                                                                                                                                                                                                                                                          Blank 150 Filed: 7/12/2005, Entered: 7/15/2005 Minutes-Miscellaneous
                                                                                                                                                                                                                                                                                                                                                                          EP: Renewed Motion to Dismiss for Lack of Standing. Oral arguments heard. Renewed Motion to Dismiss for Lack of Standing - DENIED. Court to prepare order. [12-1] (Ct Rptr: Cynthia Fazio) JUDGE David A. Ezra (afc)
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                                                                                                                                                                                                                                                                                                                                                                            Blank 149 Filed: 7/8/2005, Entered: 7/11/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                            EO: Continued : [Settlement Conference] from 07/15/2005 09:00:00 AM to 08/30/2005 09:00:00 AM before BMK at the agreement of the parties. Confidential Settlement Conference Statements due 08/26/2005. Notified: Paul H. Achitoff, Gregory Page, Margery Bronster () JUDGE Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                                                                                                                                                                                                                                              Blank 148 Filed: 7/5/2005, Entered: 7/6/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                              EO: Renewed Motion to Dismiss for Lack of Withstanding set for 07/12/2005 9:45am before DAE. The time has been changed to 130pmDAE on 7/12/2005. All counsel notified by phone and mail. [12-1] 1:30 7/12/05 () JUDGE Judge David A. Ezra (afc)
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                                                                                                                                                                                                                                                                                                                                                                                Blank 147 Filed: 6/29/2005, Entered: 7/3/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                EO: Renewed Motion to Dismiss for Lack of Withstanding has been continued from 07/11/2005 09:45:00 AM to 07/12/2005 09:45:00 AM before DAE cc: All counsel [12-1] () JUDGE Judge David A. Ezra (afc)
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                                                                                                                                                                                                                                                                                                                                                                                  Blank 146 Filed: 6/17/2005, Entered: 6/20/2005 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                  SURREPLY by plaintiffs in opposition to defendants' motion to dismiss for lack of standing [12-1]; certificate of compliance; certificate of service (afc)
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                                                                                                                                                                                                                                                                                                                                                                                    Blank 145 Filed: 6/8/2005, Entered: 6/12/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                    EO: Renewed Motion to Dismiss for Lack of Withstanding set for 07/11/2005 09:45:00 AM before DAE. Submitted by: Theresa Lam, Courtroom Manager setting hearing on motion to dismiss for lack of jurisdiction and failure to state a claim and supporting memorandum of law [12-1] 9:45 7/11/05 () Judge David A. Ezra (afc)
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                                                                                                                                                                                                                                                                                                                                                                                      Blank 144 Filed: 6/7/2005, Entered: 6/12/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                      EO: Settlement Conference continued from 7-8-05 to 7-15-05 @ 9 a.m. before Magistrate Judge Barry M. Kurren. Confidential Settlement Conference Statements due 7-8-05. cc: Paul Achitoff, Gregory Page, John Zacharia, Thomas Helper, Margery Bronster, Jeannette Holmes () JUDGE Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                                                                                                                                                                                                                                                        Blank 143 Filed: 5/24/2005, Entered: 5/25/2005 Notice of Appearance/
                                                                                                                                                                                                                                                                                                                                                                                        USA's APPEARANCE OF COUNSEL; certificate of service - ATTORNEY APPEARANCE for Federal defendants - Jean-Michael Voltaire - U.S. Department of Justice, Civil Division, Environmental & Natural Resources Division (afc)
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                                                                                                                                                                                                                                                                                                                                                                                          Blank 142 Filed: 5/17/2005, Entered: 5/19/2005 Order
                                                                                                                                                                                                                                                                                                                                                                                          ORDER GRANTING in part and DENYING in part plaintiffs' motion for reconsideration of Order granting defendants' motion for leave to file reply memorandum in support of defendants' renewed motion to dismiss for lack of standing, or in the alternative, for hearing on the issue of standing by JUDGE DAVID A. EZRA [140-1] [12-1] (cc: all counsel) [court clarifies that it deems the MOTION to dismiss for lacking of standing to be renewed; court will set matter for hearing to be announced via separate minute order] [reinstating motion to dismiss for lack of jurisdiction and failure to state a claim and supporting memorandum of law [12-1]] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                            Blank 141 Filed: 4/27/2005, Entered: 4/28/2005 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                            OPPOSITION by defendants' to plaintiffs' motion for reconsideration of Order granting defendants' motion to file reply memorandum in support of defendants' renewed motion to dismiss for of standing, or in the alternative, for hearing on the of standing [140-1]; certificate of service (afc)
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                                                                                                                                                                                                                                                                                                                                                                                              Blank 140 Filed: 4/20/2005, Entered: 4/21/2005, Terminated: 4/27/2005 Motion for ReconsiderationCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                              NOTICE OF MOTION and motion by plaintiffs for reconsideration of Order granting defendants' motion to file reply memorandum in support of defendants' renewed motion to dismiss for lack of standing, or in the alternative, for hearing on the issue of standing ; memorandum in support of motion; declaration of Isaac Moriwake; exhibit 1; certificate fo service - referred to Judge David A. Ezra (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                Blank 139 Filed: 4/14/2005, Entered: 4/15/2005 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                REPLY MEMORANDUM by defendants in support of their renewed motion to dismiss for lack of standing; table of contents; table of authorities; certificate of service (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                  Blank 138 Filed: 4/12/2005, Entered: 4/12/2005 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                  MEMORANDUM by plaintiffs in opposition to defendants' motion for leave to file reply memorandum in support of defendants' renewed motion to dismiss for lack of standing; certificate of service [137-1] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                    Blank 137 Filed: 4/11/2005, Entered: 4/12/2005 Ex Parte Motion and order
                                                                                                                                                                                                                                                                                                                                                                                                    MOTION by defendants for leave to file reply memorandum in support of defendants' renewed motion to dismiss for lack of standing; declaration of John Zacharia; exhibit A; proposed order; certificate of service - signed by JUDGE DAVID A. EZRA [ordered that the Clerk of this District Court accept for docketing Exhibit A to defendants' motion for leave to file defendants' reply memorandum in support of defts' renewed m/dismiss for lack of standing] (afc) Modified on 04/12/2005
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                                                                                                                                                                                                                                                                                                                                                                                                      Blank 136 Filed: 4/11/2005, Entered: 4/11/2005 Description not available
                                                                                                                                                                                                                                                                                                                                                                                                      Notice of filing original DECLARATION of John Zacharia; original declaration of John Zacharia; certificate of service - on behalf of defendant (lmg)
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                                                                                                                                                                                                                                                                                                                                                                                                        Blank 135 Filed: 3/29/2005, Entered: 3/30/2005 Order
                                                                                                                                                                                                                                                                                                                                                                                                        ORDER DENYING motion to dismiss on grounds of intervening mootness [108-1] by JUDGE DAVID A. EZRA (cc: all counsel) (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                          Blank 134 Filed: 3/28/2005, Entered: 3/29/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                          EP: Defendants' Motion To Dismiss On Grounds Of Intervening Mootness And Supporting Memorandum Of Law. Oral Arguments heard. Defendants' Motion To Dismiss On Grounds Of Intervening Mootness And Supporting Memorandum Of Law-TAKEN UNDER ADVISEMENT. Court to issue order. [108-1] (Ct Rptr: Cynthia Fazio) JUDGE Judge David A. Ezra (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                            Blank 133 Filed: 3/17/2005, Entered: 3/20/2005 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                            REPLY by defendants to plaintiffs' opposition to defendants' motion to dismiss on grounds of intervening mootness [108-1] and supporting memorandum of law; table of contents; table of authorities; certificate of service (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                              Blank 132 Filed: 3/17/2005, Entered: 3/20/2005 Ex Parte Motion and orderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                              EX PARTE MOTION by plaintiffs to vacate deadlines in amended Rule 16 scheduling order [101-1]; ORDER by Mag Judge Barry M. Kurren granting ex parte motion [a new schedule will be entered by this Court after resolution of defendants' Motion to Dismiss on Grounds of Intervening Mootness presently scheduled to be heard on 03/28/05] [108-1] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                Blank 131 Filed: 3/15/2005, Entered: 3/16/2005 Reply
                                                                                                                                                                                                                                                                                                                                                                                                                Plaintiffs' REPLY Brief Regarding Standing; Certificate of Service re [130-1] (gs)
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                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 130 Filed: 3/11/2005, Entered: 3/11/2005 Response/Reply - Miscellaneous
                                                                                                                                                                                                                                                                                                                                                                                                                  Defendants' Memorandum in RESPONSE to plaintiffs' "Supplemental Brief Regarding Standing"; Table of Contents; Table of Authorities; Exhibit K; Certificate of Service to [122-1] (gs)
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                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 198 Filed: 3/8/2005, Entered: 3/10/2005 Transcript
                                                                                                                                                                                                                                                                                                                                                                                                                    ORIGINAL TRANSCRIPT filed ( Ct Rptr Cynthia Fazio) taken on 2/4/05 (gs) Additional attachment(s) added on 5/31/2006 (afc, ).
                                                                                                                                                                                                                                                                                                                                                                                                                      Request RequestSpace LREF
                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 129 Filed: 3/8/2005, Entered: 3/10/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                      EO: Defendants' Motion to Dismiss on Grounds of Intervening Mootness and Supporting Memorandum of Law has been continued from 3/21/05 9:00 a.m. to 3/28/05 9:00 a.m. before DAE [108-1] by Judge David A. Ezra (gs)
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                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 128 Filed: 3/3/2005, Entered: 3/4/2005 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                        MEMORANDUM by plaintiffs in opposition to defendants' motion to dismiss on grounds of intervening mootness [108-1]; declaration of Isaac Moriwake; exhibits 1-3; certificate of service (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 127 Filed: 3/2/2005, Entered: 3/2/2005 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                          ORDER DENYING Intervenor's and defendants' motion to stay proceedings pending resolution of defendants' motion to dismiss [109-1] by Judge David A. Ezra (cc: all counsel) (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                            Sealed Legal Document 126 Filed: 3/1/2005, Entered: 3/1/2005 Original Signature submitted
                                                                                                                                                                                                                                                                                                                                                                                                                            Plaintiffs' NOTICE OF FILING ORIGINAL DECLARATIONS of Mark Anderson; Norman L. Dean; Sherri Foster and Kirstin Morris in support of plaintiffs' supplemental brief regarding standing filed under seal on February 25, 2005; exhibits 1 - 4; certificate of service [122-1] [108-1] (SEALED) (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 125 Filed: 2/28/2005, Entered: 3/1/2005 Stipulation and OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                              STIPULATION to extend time to respond to plaintiffs' brief on standing; ORDER by Judge David A. Ezra - filed by defendants [defts may have up to 14 days to resond to pltfs' brief on standing] [108-1] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 124 Filed: 2/25/2005, Entered: 2/28/2005 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                                                                                                                                CERTIFICATE of service by plaintiffs (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 123 Filed: 2/25/2005, Entered: 2/28/2005 Description not available
                                                                                                                                                                                                                                                                                                                                                                                                                                  DECLARATION of Paul H. Achitoff re Confidentiality certifications [107-1] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 122 Filed: 2/25/2005, Entered: 2/28/2005 Miscellaneous Document
                                                                                                                                                                                                                                                                                                                                                                                                                                    SUPPLEMENTAL BRIEF by plaintiffs regarding standing; declaration of Dr. Jane Rissler; second declaration of Dr. Jane Rissler; declaration of Dr. David Schubert; declaration of Dr. Paul Arriola; declaration of Mark Glick; declaration of Victoria Holt Takamine; declaration of Mark Query; declaration of Mark Anderson; declaration of Kirsten Morris; declaration of Rebecca Branham; declaration of Sherri Foster; declaration of Norman L. Dean; second declaration of Andrew Kimbrell; declaration of Paul Achitoff; exhibits 1-5; certificate of compliance; certificate of service [108-1] [SEALED] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 121 Filed: 2/10/2005, Entered: 2/14/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                      EO: Plaintiffs' Motion for Certification of Findings for Contempt and Imposition of Sanctions set for 02/11/2005 10:00:00 AM before BMK is vacated. Parties working on a resolution. Achitoff to file a withdrawal of this motion after resolution. Notified: Paul Achitoff, Gregory Page, John Zacharia [113-1] ()JUDGE Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 120 Filed: 2/4/2005, Entered: 2/8/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                        EP: Intervenor's and Defendants' Motion to Stay Proceedings Pending Resolution of Defendants' Motion to Dismiss. Intervenor's and Defendants' Motion to Stay Proceedings Pending Resolution of Defendants' Motion to Dismiss-DENIED. Court to issue order. [109-1] (Ct Rptr: Cynthia Fazio) JUDGE Judge David A. Ezra (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 119 Filed: 2/2/2005, Entered: 2/4/2005 Response - Miscellaneous
                                                                                                                                                                                                                                                                                                                                                                                                                                          Plaintiffs' Notice of Uncited authority; certificate of service [109-1] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 118 Filed: 1/31/2005, Entered: 2/1/2005 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                            REPLY by plaintiffs in support of its motion for certification of findings for contempt and imposition of sanctions [113-1]; declaration of Paul H. Achitoff; exhibit 1; certificate of service (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 117 Filed: 1/26/2005, Entered: 1/26/2005 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                              ORDER DENYING without Prejudice defendants' motion to dismiss for lack of jurisdiction and failure to state a claim pending further discovery [12-1] by Judge David A. Ezra [denying motion without prejudice, the Court allows defendants to refile their motion after additional discovery has been conducted as ordered by this Court] (cc: all counsel) (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 116 Filed: 1/24/2005, Entered: 1/25/2005 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                Intervenor's and defendants' REPLY to plaintiffs' opposition to Intervenor's & defendants' motion to stay proceedings pending resolution of defendants' motion to dismiss [109-1]; exhibits 1 and 2; certificate of word count; certificate of service (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 115 Filed: 1/24/2005, Entered: 1/25/2005 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                  MEMORANDUM by Federal defendants' in opposition to plaintiffs' motion for certification of findings for contempt and imposition of sanctions [113-1]; table of contents; table of authorities; exhibits I-K; certificate of service (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 114 Filed: 1/11/2005, Entered: 1/12/2005 Order
                                                                                                                                                                                                                                                                                                                                                                                                                                                    ORDER denying The Biotechnology Industry Organization's motion to strike plaintiffs' response to the Biotechnology Industry Organization's supplement regarding evidence of irreparable injury [102-1] by JUDGE DAVID A. EZRA (cc: all counsel) (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 113 Filed: 1/10/2005, Entered: 1/11/2005 Motion to Certify ClassCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                      NOTICE OF MOTION and motion by plaintiffs for certification of findings for contempt and imposition of sanctions ; memorandum in support of motion; exhibit 1; certificate of service - set for 10:00 2/11/05 before Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 112 Filed: 1/7/2005, Entered: 1/7/2005 Reply
                                                                                                                                                                                                                                                                                                                                                                                                                                                        REPLY by intervenor The Biotechnology Industry Org in support of M/strike plaintiffs' response to Biotechology's supplement regarding evidence of irreparable injury, filed 11/30/04; certificate of service [102-1] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 111 Filed: 1/4/2005, Entered: 1/5/2005 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                          EO: Intervenor's and Defendants' Motion to Stay Proceedings Pending Resolution of Defendants' Motion to Dismiss has been continued from 01/13/2005 09:00:00 AM to 02/04/2005 10:30:00 AM before DAE cc: All counsel [109-1] () JUDGE Judge David A. Ezra (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 110 Filed: 12/30/2004, Entered: 1/5/2005 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                            MEMORANDUM by plaintiffs in opposition to defendants' and intervenor's joint motion to stay proceedings pending resolution of defendants' motion to dismiss [109-1]; certificate of service (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 109 Filed: 12/29/2004, Entered: 1/3/2005, Terminated: 3/2/2005 Motion to StayCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                              NOTICE OF MOTION and motion by intervenor Biotechnology Industry Org to stay proceedings pending resolution of defendants' motion to dismiss ; memorandum in support of motion; declaration of Jeannette E. Holmes; exhibit A; certificate of service - set for 9:00 1/13/05 before Judge David A. Ezra (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 108 Filed: 12/27/2004, Entered: 1/3/2005, Terminated: 3/29/2005 Motion to DismissCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                MOTION by Federal defendants to dismiss on grounds of intervening mootness ; supporting memorandum of law; [certificate of service] - set for 9:00 3/21/05 before Judge David A. Ezra (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 107 Filed: 12/22/2004, Entered: 12/22/2004 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ORDER Re: Disclosure of Field Test Locations by Mag Judge Barry M. Kurren re [105-1] (sm)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 106 Filed: 12/20/2004, Entered: 12/21/2004 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Plaintiffs' MEMORANDUM in opposition to The Biotechnology Industry Organization's motion to strike plaintiffs' response to the Biotechnology Industry Organization's supplement regarding evidence of irreparable injury; Certificate of Service [102-1] (gs)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 105 Filed: 12/17/2004, Entered: 12/20/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                      EO: Court's ruling on letter briefs submitted 12/14/04, 12/15/04, and 12/16/04: Court ruled that he is approving the plaintiffs' order and plaintiffs' certification concerning disclosure of the field test locations by Mag Judge Barry M. Kurren (gs)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 104 Filed: 12/16/2004, Entered: 12/17/2004 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Amended CERTIFICATE of service (lmg)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 103 Filed: 12/15/2004, Entered: 12/17/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                          EO: Motion of Intervenor The Biotechnology Industry Organization to Strike Plaintiffs' Response to the Biotechnology Industry Organization's Supplement regarding Evidence of Irreparable Injury filed November 30, 2004 that was filed on December 14, 2004 will be a Non Hearing Motion. The Memorandum in Opposition as to this Motion shall be filed by December 30, 2004 and the Reply Memorandum to be filed by January 07, 2005. This Motion will be then under submission to this Court. cc: All Counsel of Record by Fax :taking under advisement on the motion to strike plaintiffs' response to the Biotechnology Industry Organization's supplement regarding evidence of irreparable injury, filed November 30, 2004; [102-1] () JUDGE Judge David A. Ezra (sm)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 102 Filed: 12/14/2004, Entered: 12/17/2004, Terminated: 1/11/2005 Motion to StrikeCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            NOTICE OF MOTION and motion of Intervenor the Biotechnology Industry Organization to strike plaintiffs' response to the Biotechnology Industry Organization's supplement regarding evidence of irreparable injury, filed November 30, 2004; memorandum in support of motion; certificate of service; referred to Judge David A. Ezra (sm)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 101 Filed: 12/14/2004, Entered: 12/16/2004, Terminated: 3/17/2005 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                              AMENDED Rule 16 SCHEDULING ORDER Mag Judge Barry M. Kurren (cc: all counsel) (lmg)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 100 Filed: 12/13/2004, Entered: 12/13/2004 Original Signature submitted
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                NOTICE by plaintiff of filing original declarations of Richard Caplan and Hanohano Naehu; exhibits A-B; certificate of service [re: declarations made in support to plaintiffs' response to Biotech's supplement filed 11-30-04, doc [95-1]] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 99 Filed: 12/13/2004, Entered: 12/13/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  EP: Discovery Conference held. Each person given the information will sign a confidentiality agreement. Agreements to be filed under seal. Copies of agreements to be provided to Bronster. Achitoff to provide number of people that information is to be disclosed. Competitor clause to be included in the order. Achitoff to be circumspect with whom he give the information. Parties to resubmit order by 12-14-04. New dates given. Court to prepare an amended scheduling order: 1. Non-jury trial on September 13, 2005 at 9:00 a.m. before DAE 2. Final Pretrial Conference on August 2, 2005 at 9:00 a.m. before BMK 3. 4. Final Pretrial Statement by July 26, 2005 5. File motions to Join/Add Parties/Amend Pleadings by February 11, 2005 6. File other Non-Dispositive Motions by June 15, 2005 7. File Dispositive Motions by April 13, 2005 8a. File Motions in Limine by August 23, 2005 8b. File opposition memo to a Motion in Limine by August 30, 2005 11a. Plaintiff's Expert Witness Disclosures by March 14, 2005 11b. Defendant's Expert Witness Disclosures by April 13, 2005 12. Discovery deadline July 15, 2005 13. Settlement Conference set for July 8, 2005 at 9:00 a.m. before BMK 14. Settlement Conference statements by July 1, 2005 20. 21. File Final witness list by August 23, 2005 24. Exchange Exhibit and Demonstrative aids by August 16, 2005 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by August 23, 2005 26. File objections to the Exhibits by August 30, 2005 28a. File Deposition Excerpt Designations by August 23, 2005 28b. File Deposition Counter Designations and Objections by August 30, 2005 29. File Trial Brief by August 30, 2005 30. File Findings of Fact & Conclusions of Law by August 30, 2005 cc: Tammy Kimura [Trial set for 9:00 9/13/05 before Judge David A. Ezra; final pretrial conference set for 9:00 8/2/05 before Mag Judge Barry M. Kurren ; Discovery ddl set for 7/15/05; Motion filing ddl set for 4/13/05; settlement conference set for 9:00 7/8/05 before Mag Judge Barry M. Kurren] (Ct Rptr: NRT) JUDGE Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 98 Filed: 12/2/2004, Entered: 12/3/2004 Original Signature submitted
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    SUBMISSION by intv Biotechnology Ind Organization of original signature of Michael Freeling [91-1]; certificate of service [91-1] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 97 Filed: 12/2/2004, Entered: 12/3/2004 Original Signature submitted
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      SUBMISSION by intv Biotechnology Ind Organization of original signature of Keith Redenbaugh [91-1]; certificate of service (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 96 Filed: 11/30/2004, Entered: 12/2/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        EO: Dicovery Conference continued from 12-8-04 to 12-13-04 @ 10 a.m., BMK. Notified: Paul H. Achitoff, Gregory Page, Thomas Helper, Margery Bronster () JUDGE Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 95 Filed: 11/30/2004, Entered: 12/2/2004 Response/Reply - Miscellaneous
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          RESPONSE by plaintiffs to The Biotechnology Industry Organization's supplement regarding evidence of irreparable injury; declaration of Richard Caplan (facsimile); exhibits 1-2; declaration of Jane F. Rissler, Ph.D; exhibit 3; declaration of Melanie Bondera; exhibits 4-6; declaration of Paul H. Achitoff; exhibits 7-17; declaration of Paul Arriola, Ph.D.; declaration of Hanohano Naehu (facsimile); declaration of Lorrin Pang, M.D., M.P.H. (facsimile); declaration of David R. Schubert, Ph.D.; certificate of compliance; certificate of service [91-1] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 94 Filed: 11/29/2004, Entered: 12/1/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            EO: Status Conference Re Discovery Dispute set for 12-8-04 @ 9:30 a.m. before Magistrate Judge Barry M. Kurren. () JUDGE Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 93 Filed: 11/12/2004, Entered: 11/15/2004 Original Signature submitted
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              SUBMISSION by intervenor The Biotechnology Industry Organization of original declaration of Jeri J. Ooka; certificate of service [91-1] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 92 Filed: 11/3/2004, Entered: 11/4/2004 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ORDER by Judge David A. Ezra denying the Biotechnology Industry Organization's motion for RECONSIDERATION AND STAY OF ORDER PENDING SUBMISSION OF SUPPLEMENTAL EVIDENCE within 90 days [78-1] (cc: all counsel) - parties to submit a written confidentiality agreement to the Court within 10 days (gab)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 91 Filed: 11/1/2004, Entered: 11/2/2004 Supplement
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  The Biotechnology Industry Organization's SUPPLEMENT Regarding Evidence of Irreparable Injury; Declaration of Raymond J. Foster; Michael Freeling (Exhibits A-E); Jeri Ooka (Exhibit A); Keith Redenbaugh (Exhibit 1); L. Von Kaster; Stephanie A. Whalen; David Williams; Declaration of Margery S. Bronster (Exhibits A-H); Certificate of Service (gs)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 90 Filed: 10/18/2004, Entered: 10/19/2004 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    AMENDED CERTIFICATE of service by intervenor Biotechnology Ind Or (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 89 Filed: 10/15/2004, Entered: 10/15/2004 Answer
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      The Biotechnology Industry ANSWER in Intervention; certificate of service [9-1] (answer to First Amended Complaint) (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 88 Filed: 9/17/2004, Entered: 9/20/2004 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ORDER DENYING appeal of June 29, 2004 order granting in part and denying in part MOTION of the Biotechnology Industry Organization for leave to intervene - by Judge David A. Ezra [63-1] [64-1] [29-1] (cc: all counsel) (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 87 Filed: 9/9/2004, Entered: 9/10/2004 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          AMENDED CERTIFICATE of service by amicus Biotechnology Ind Or (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 86 Filed: 9/3/2004, Entered: 9/7/2004 Reply
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            REPLY in support of motion for reconsideration and for stay of order pending submission of supplemental evidence within 90 days; declaratio of Margery S Bronster; exhibit a; certificate of service - by intervenor Biotechnology Ind Or re [78-1] (eps) Modified on 09/07/2004
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 85 Filed: 8/23/2004, Entered: 8/24/2004 Response/Reply - Miscellaneous
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Federal defendants' STATEMENT OF CONSENT to intervenor Biotechnology Industry Organization's MOTION FOR RECONSIDERATION AND STAY OF ORDER pending submission of supplemental evidence within 90 days, filed on August 10, 2004; certificate of service [78-1] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 84 Filed: 8/23/2004, Entered: 8/24/2004 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                OPPOSITION by plaintiffs to Biotechnology Industry Organization's motion for RECONSIDERATION AND STAY OF ORDER PENDING SUBMISSION OF SUPPLEMENTAL EVIDENCE within 90 days [78-1]; declaration of Isaac H. Moriwake; exhibits 1-3; certificate of service (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 83 Filed: 8/19/2004, Entered: 8/19/2004 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ORDER DENYING Biotechnology Industry Organization's request for 90-day stay and ORDER GRANTING stay during pendency of motion for reconsideration by JUDGE David A. Ezra [court denies Biotechnology's request for an additional 90 days to submit supplemental evidence; court will stay its August 3, 2004 order affirming Magistrate Judge's order denying defendants' consolidated motions for a protective order; additional order re: disclosure during the pendency of Biotechnology's motion for reconsideration] [78-1] [75-1,2] (cc: all counsel) (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 82 Filed: 8/17/2004, Entered: 8/17/2004 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    AMENDED CERTIFICATE of service by amicus Biotechnology Ind Org (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 81 Filed: 8/16/2004, Entered: 8/17/2004 Original Signature submitted
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Defendants' Notice of filing ORIGINAL fifth declaration of Neil Hoffman; original fifth declaratio of Neil Hoffman (defendants' exhibit I); certificate of service [79-1] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 80 Filed: 8/13/2004, Entered: 8/16/2004 Original Signature submittedCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        SUBMISSION by intervenor Biotechnology Ind Org of original declaration of Stephanie Harnick for The Biotechnology Industry Organization's motion for RECONSIDERATION AND STAY OF [Order for Discovery; Order Affirming Magistrate Judge's Order Denying Defendants' Consolidated Motions for a Protective Order; Additional Order re: Disclosure, entered on August 3, 2004] PENDING SUBMISSION OF SUPPLEMENTAL EVIDENCE within 90 days [78-1] [certificate of service] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 79 Filed: 8/11/2004, Entered: 8/12/2004 Description not available
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Defendants' Notice of filing FIFTH DECLARATION of Neil Hoffman; fifth declaration of Neil Hoffman (exhibit I); exhibit A to fifth declaration of Neil Hoffman; certificate of service [24-1] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 78 Filed: 8/10/2004, Entered: 8/11/2004, Terminated: 8/13/2004 Motion for ReconsiderationCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            NOTICE OF MOTION and motion by intervenor The Biotechnology Industry Organization for RECONSIDERATION AND STAY OF ORDER [Order for Discovery; Order Affirming Magistrate Judge's Order Denying Defendants' Consolidated Motions for a Protective Order; Additional Order re: Disclosure, entered on August 3, 2004] PENDING SUBMISSION OF SUPPLEMENTAL EVIDENCE within 90 days ; declaration of Margery S. Bronster; declaration of Stephanie Harnick; exhibits A-F; certificate of service - referred to Judge David A. Ezra (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 77 Filed: 8/9/2004, Entered: 8/10/2004 Order
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ORDER denying Intervenor's STATEMENT OF APPEAL FROM June 29, 2004 ORDER denying defendants' consolidated motions for a protective order [62-1] [66-1] by JUDGE David A. Ezra (cc: all counsel) (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 76 Filed: 8/4/2004, Entered: 8/4/2004 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ORDER requesting supplemental briefing from both parties regarding the issue of standing by Judge David A. Ezra re [12-1] (cc: all counsel) (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 75 Filed: 8/3/2004, Entered: 8/4/2004 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ORDER AFFIRMING Magistrate Judge's Order for Discovery; ORDER AFFIRMING Magistrate Judge's Order denying defendants' consolidated motions for a protective order; ADDITIONAL ORDER re disclosure - by JUDGE DAVID A. EZRA [28-1][68-1][66-1] for discovery (cc: all counsel) (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 74 Filed: 8/2/2004, Entered: 8/4/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    EO: Court's response to Plaintiffs' Request for Additional Pretrial Scheduling Conference and Ex Parte Motion for Enlargement or Stay of Deadlines Under Rule 16 Scheduling Order, filed 8-2-04 - all pending deadlines are stayed until rulings made on the Motion to Dismiss and appeal of discovery orders. Mr. Isaac Moriwake to notify this court when orders are filed. A Status Conference will then be set. cc: Isaac Moriwake, Gregory Page, Margery Bronster [73-1,2] () JUDGE Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 73 Filed: 8/2/2004, Entered: 8/2/2004, Terminated: 8/2/2004 Miscellaneous DocumentCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      REQUEST by plaintiffs for additional pretrial scheduling conference and ex parte motion for enlargement or stay of deadlines under Rule 16 scheduling order ; certificate of service - referred to Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 72 Filed: 7/26/2004, Entered: 7/28/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        EP: Defendants' Consolidated Motion to Dismiss For Lack of Jurisdiction and Failure to State a Claim and Supporting Memorandum of Law; Deft's Consolidated Motion to Dismis for Lack of Jurisdiction and failure to State a Claim and Supporting Memorandum of Law - TAKEN UNDER ADVISEMENT [12-1] (Ct Rptr: ESR) by Judge David A. Ezra (gs)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 71 Filed: 7/20/2004, Entered: 7/21/2004 Response/Reply - MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Plaintiffs' RESPONSE to defendants' limited objection to the Magistrate Judge's Order for Discovery; certificate of service [28-1] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 70 Filed: 7/20/2004, Entered: 7/21/2004 Response/Reply - Miscellaneous
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Plaintiffs' RESPONSE to The Biotechnology Industry Organization's statement of appeal from June 29, 2004 Order granting in part and denying in part motion of The Biotechnology Industry Organization for Leave to Intervene; certificate of service [64-1] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 69 Filed: 7/20/2004, Entered: 7/21/2004 Response/Reply - Miscellaneous
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Plaintiffs' CONSOLIDATED RESPONSE to defendants' and intervenor's appeals from June 29, 2004 order denying defendants' consolidated motions for a protective order; certificate of compliance; certificate of service [67-1], [68-1] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 68 Filed: 7/9/2004, Entered: 7/12/2004 Appeal of Magistrate Judge Decision to District CoCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Federal defendants' APPEAL OF THE MAGISTRATE'S June 29, 2004 ORDER denying defendants' consolidated motions for a protective order [62-1] ; certificate of service - referred to Judge David A. Ezra (cc: BMK) (afc) Modified on 07/12/2004
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 67 Filed: 7/9/2004, Entered: 7/9/2004, Terminated: 7/20/2004 Memorandum in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  MEMORANDUM of law by Biotechnology Ind Or in support of appeal motion STATEMENT OF APPEAL FROM June 29, 2004 ORDER denying defendants' consolidated motions for a protective order [62-1] [66-1]; exhibits a-m; certificate of service (eps)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 66 Filed: 7/9/2004, Entered: 7/9/2004, Terminated: 8/3/2004 Appeal of Magistrate Judge Decision to District Co
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    STATEMENT OF APPEAL FROM June 29, 2004 ORDER denying defendants' consolidated motions for a protective order [62-1] ; exhibit a; certificate of service by Biotechnology Ind Or - referred to DAE (eps)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 65 Filed: 7/9/2004, Entered: 7/9/2004 Memorandum in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      MEMORANDUM of law by Biotechnology Ind Or in support of appeal motion STATEMENT OF APPEAL FROM June 29, 2004 ORDER granting in part and denying in part motion of the Biotechnology Industry Organization for leave to intervene; certificate of service [63-1] [64-1] (eps)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 64 Filed: 7/9/2004, Entered: 7/9/2004, Terminated: 9/17/2004 Appeal of Magistrate Judge Decision to District Co
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        STATEMENT OF APPEAL FROM June 29, 2004 ORDER granting in part and denying in part motion of the Biotechnology Industry Organization for leave to intervene [63-1] ; certificate of service - by amicus Biotechnology Ind Or (eps)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 63 Filed: 6/29/2004, Entered: 6/30/2004, Terminated: 7/9/2004 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ORDER by Mag Judge Barry M. Kurren granting in part and denying in part motion of The Biotechnology Industry Organization for Leave to Intervene [29-1] (cc: all counsel) (sm)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 62 Filed: 6/29/2004, Entered: 6/30/2004, Terminated: 7/9/2004 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ORDER by Mag Judge Barry M. Kurren denying defendants' consolidated motions for protective order [24-1] (cc: all counsel) (sm)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 61 Filed: 6/22/2004, Entered: 6/22/2004 Original Signature submitted
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              NOTICE by plaintiffs of filing ORIGINAL DECLARATION of Mark Anderson; exhibit 1; certificate of service [21-1], [12-1] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 60 Filed: 6/18/2004, Entered: 6/22/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                EP: Defendants' Motion for Protective Order - taken on advisement. [24-1] (Ct Rptr: C6-CD7; Time: 3:16-4:13) JUDGE Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 59 Filed: 6/17/2004, Entered: 6/18/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  EO: Defendants' Motion for Protective Order, Reconsideration of the Court's 13 April 2004 Order, and for Permission to File Reply Brief and Supporting Memorandum of Law set for 06/18/2004 at 3:30 p.m. is moved to 3:00 p.m. the same day before BMK. Notified Paul Achitoff, Theodore Meeker [24-1,2,3] () JUDGE Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 58 Filed: 6/17/2004, Entered: 6/18/2004 Original Signature submitted
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Plaintiffs' notice of filing ORIGINAL declaration of David Caccia; exhibit 1; certificate of service [21-1] [12-1] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 57 Filed: 6/16/2004, Entered: 6/17/2004 ERRATA
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Plaintiffs' ERRATA (re: plaintiffs' surreply in opposition to defendants' motion for a protective order); certificate of service [32-1][24-1] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 56 Filed: 6/16/2004, Entered: 6/16/2004 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ORDER granting plaintiffs' motion for leave to file surreply - by Mag Judge Barry M. Kurren [48-1] (cc: all counsel) (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 55 Filed: 6/16/2004, Entered: 6/16/2004 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          CERTIFICATE of service by plaintiffs (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 54 Filed: 6/15/2004, Entered: 6/16/2004 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            RESPONSE by plaintiffs to statement of position of proposed intervenor The Biotechnology Industry Organization regarding defendants' motion for protective order; declaration of Isaac H. Moriwake; exhibit 1; certificate of service [24-1] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 53 Filed: 6/15/2004, Entered: 6/16/2004 Description not available
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              NOTICE by Federal defendants of filing fourth declaration of Neil Hoffman [24-1] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 52 Filed: 6/14/2004, Entered: 6/15/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                EO: Continued : Defendants' Motion for Protective Order, Reconsideration of the Court's 13 April 2004 Order, and for Permission to File Reply Brief and Supporting Memorandum of Law and Plaintiffs' Motion for Leave to File Surreply continued from 6-17-04 to 6-18-04 @ 3:30 p.m., BMK. Notified: Paul Achitoff, Gregory Page, Theodore Meeker [24-1][48-1] () JUDGE Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 51 Filed: 6/10/2004, Entered: 6/15/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  EP: Motion of the Biotechnology Industry Organization to Intervene - taken on advisement. [29-1] (Ct Rptr: C6 CD5; Time: 9:44-10:12) JUDGE Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 50 Filed: 6/10/2004, Entered: 6/11/2004 Original Signature submitted
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Federal defendants' NOTICE OF FILING ORIGINALS of declarations previously filed as exhibits [12-1][24-1] (afc) Modified on 06/11/2004
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 49 Filed: 6/8/2004, Entered: 6/9/2004 ERRATA
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Federal defendants' NOTICE of filing both ERRATA to and corrected copy of defendants' reply to plaintiffs' opposition to defendants' motion for a protective order [24-1][32-1] (afc) Modified on 06/11/2004
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 48 Filed: 6/7/2004, Entered: 6/8/2004, Terminated: 6/16/2004 Motion for Miscellaneous ReliefCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        NOTICE OF MOTION and motion by plaintiff for leave to file surreply [in opposition to defendants' motion for a protective order] ; memorandum in support of motion; plaintiffs' surreply in opposition to defendants' motion for a protective order; certificate of service - set for 10:00 6/17/04 before Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 47 Filed: 6/3/2004, Entered: 6/4/2004 Miscellaneous Document
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          STATEMENT of Position of Proposed Intervenor The Biotechnology Industry Organization regarding defendants' motion for protective order; declaration of Michael J. Phillips; exhibits A-E; declaration of Jeannette E. Holmes; certificate of service [24-1] (sm)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 46 Filed: 5/28/2004, Entered: 6/1/2004 Memorandum in Support of Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            REPLY by proposed intervenor Biotechnology Ind Or in support of motion for leave to intervene [29-1]; certificate of service (eps)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 45 Filed: 5/25/2004, Entered: 5/26/2004 Miscellaneous Document
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              STATEMENT of no opposition by federal defendants to the proposed intervenor the Biotechnology Industry Organization's motion for leave to intervene [29-1]; filed on April 27, 2004; certificate of service (eps)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 44 Filed: 5/21/2004, Entered: 5/21/2004 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                MEMORANDUM by plaintiffs in opposition to Biotechnology Industry Organization's motion for leave to intervene [29-1]; declaration of Isaac H. Moriwake; exhibit 1; certificate of service (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 43 Filed: 5/17/2004, Entered: 5/18/2004 Original Signature submitted
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Plaintiff's notice of filing ORIGINAL DECLARATION of Bill Freese; exhibit 1; certificate of service [26-1] [24-1] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 42 Filed: 5/10/2004, Entered: 5/11/2004 Ex Parte Motion and orderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Defendants' FIRST MOTION for an enlargement of time to reply to plaintiffs' opposition to defendants' motion to dismiss [12-1] - referred to Judge David A. Ezra; order denying this motion filed 05-10-04, refer to docket entry [41-1] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 41 Filed: 5/10/2004, Entered: 5/11/2004 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ORDER denying defendants' first motion for an enlargement of time to reply to plaintiffs' opposition to defendants' motion to dismiss by Judge David A. Ezra [12-1] [defendants' reply is due on 04-30-04] (cc: all counsel) (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 40 Filed: 5/10/2004, Entered: 5/11/2004 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ORDER continuing hearing on defendants' motion to dismiss for lack of jurisdiction and failure to state a claim, originally scheduled for May 10, 2004 [12-1] - by Judge David A. Ezra [hearing continued to July 26, 2004 at 9:00 a.m.] (cc: all counsel) (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 39 Filed: 5/4/2004, Entered: 5/5/2004 Original Signature submitted
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          SUBMISSION of ORIGINAL DECLARATION of Michael J. Phillips - by and for movant Biotechnology Ind Org motion for leave to intervene [29-1]; [certificate of service] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 38 Filed: 5/4/2004, Entered: 5/5/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            EO: Defendants' Consolidated Motion to Dismiss For Lack Of Jurisdiction And Failure To State A Claim And Supporting memorandum Of Law has been continued from 05/10/2004 09:00:00 AM to 07/26/2004 09:00:00 AM before DAE cc: All counsel [12-1] () JUDGE Judge David A. Ezra (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 37 Filed: 4/30/2004, Entered: 5/3/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              EO: Defendants' Motion for Protective Order continued from 5-12-04 to 6-17-04 @ 10 a.m., BMK. Notified: Gregory Page, Paul Achitoff, Margery Bronster/Jeannette Holmes [24-1] () JUDGE Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 36 Filed: 4/30/2004, Entered: 5/3/2004 ERRATA
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ERRATUM by and to proposed intervenor Biotechnology Ind Or to M/Intervene [29-1]; certificate of service (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 35 Filed: 4/30/2004, Entered: 5/3/2004 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ORDER DENYING proposed intervenor's ex parte motion to shorten time for a hearing on proposed intervenor's motion to continue the May 12, 2004 hearing on defendants' motion for a protective order and ORDER CONTINUING the May 12th hearing - by Judge David A. Ezra - [May 12th hearing on a motion for a protective order, doc [24-1], is continued until June 17, 2004 at 2:00] [34-1] (cc: all counsel) (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 34 Filed: 4/30/2004, Entered: 5/3/2004 Motion to ContinueCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    NOTICE OF MOTION and motion by proposed intervenor The Biotechnology Industry Organization to continue May 12, 2004 hearing on defendants' motion for protective order ; declaration of Jeannette Holmes; exhibit A; certificate of service - referred to Judge David A. Ezra (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 33 Filed: 4/30/2004, Entered: 5/3/2004 Ex Parte Motion and order
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      EX PARTE MOTION by movant Biotechnology Ind Org for order shortening time for hearing on its motion to continue 05-12-04 hearing on defts' motion for protective order, or in the alternative, to shorten time for hearing on motion for leave to intervene ; declaration of Jeannette E. Holmes; exhibit A; order [proposed]; certificate of service [29-1] [24-1] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 32 Filed: 4/30/2004, Entered: 4/30/2004 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        REPLY by Federal defendants to plaintiffs' opposition to defendants' motion for protective order [24-1]; [exhibits; attachments; certificate of service] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 31 Filed: 4/29/2004, Entered: 4/30/2004 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          MEMORANDUM by plaintiffs in opposition to ex parte motion of proposed intervenor The Biotechnology Industry Organization for order shortening time for hearing on its motion to intervene [29-1]; declaration of Isaac H. Moriwake; certificate of service (afc) Modified on 05/18/2004
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 30 Filed: 4/28/2004, Entered: 4/29/2004 Original Signature submitted
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            NOTICE by plaintiffs of filing original declaration of Peter T. Jenkins; exhibit 1; certificate of service [declaration made in support of plaintiffs' memo in opp, doc [26-1], to motion for protective order [24-1]] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 29 Filed: 4/27/2004, Entered: 4/29/2004, Terminated: 6/29/2004 Motion to InterveneCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              NOTICE OF MOTION and motion by movant The Biotechnology Industry Organization for leave to intervene ; memorandum in support of motion; declaration of Margery S. Bronster; exhibits A and B; certificate of service - set for 9:30 6/10/04 before Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 28 Filed: 4/27/2004, Entered: 4/28/2004, Terminated: 8/3/2004 Appeal of Magistrate Judge Decision to District CoCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Defendants' Limited OBJECTION to the Magistrate Judge's Order for Discovery [20-1] and HEARING REQUESTED; [certificate of service] - referred to Judge David A. Ezra (cc: BMK) (afc) Modified on 04/28/2004
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 27 Filed: 4/27/2004, Entered: 4/28/2004 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  MEMORANDUM by plaintiff in opposition to defendants' first motion for an enlargement of time to reply to plaintiffs' opposition to defendants' motion to dismiss; certificate of service [request included in defts' consolidated motion for protective order [24-1]] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 26 Filed: 4/26/2004, Entered: 4/28/2004 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Plaintiffs' MEMORANDUM IN OPPOSITION to defendants' consolidated motions for a protective order, reconsideration of the Court's April 13, 2004 order, and for permission to file reply brief [24-1]; declaration of Peter T. Jenkins; exhibit A; certificate of service (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 25 Filed: 4/23/2004, Entered: 4/26/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      EO: This Court's 4-13-04 discovery order is stayed pending the resolution of Defendants' Consolidated Motion for a Protective Order which is continued from 4-30-04 to 5-12-04 @ 8:45 a.m. Hawaii standard time. The briefing schedule set on 4-20-04 for Defendants Consolidated Motion for a Protective Order on 4-20-04 will remain as follows: Memorandum in Opposition faxed no later that 4-26-04 @ 9 a.m., Hawaii standard time. Reply to Oppostion faxed no later than 4-29-04 @ 9 a.m., Hawaii standard time. The Court will not consider Defendants' Motion for Reconsideration of the April 13, 2004 discovery order which is included in Defendants Consolidated Motion for a Protective Order. To the extent Defendants wishes to move for reconsideration, Defendants should file a proper motion in accord with the Federal Rules of Civil Procedure and this District's Local Rules. As to Defendants Motion for Permission to File a Reply Brief also included in Defendants Consolidated Motion for a Protective Order, the deadline to file a reply brief is 4-29-04 @ 9 a.m., Hawaii standard time. Finally, this Court will not consider Defendants' motion for a continuance of the 5/10/04 hearing set before Judge David A. Ezra included in Defendants Consolidated Motion for a Protective Order. To the extent Defendants wish to move for a continuance of the hearing date, Defendants should file a separate motion before Judge Ezra in accord with this District's Local Rules. [discovery order = doc [20-1], also [19-1]; M/Protective Order = [24-1]; M/reconsideration of the Court's April 13, 2004 order = [24-2]; M/file reply brief = [24-3] () JUDGE Mag Judge Barry M. Kurren (cc via e-mail: Gregory Page; Paul Achitoff) (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 24 Filed: 4/23/2004, Entered: 4/26/2004, Terminated: 4/30/2004 Motion for Protective OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        NOTICE OF MOTION and CONSOLIDATED motions by defendants for protective order, reconsideration of the Court's April 13, 2004 order, and for permission to file reply brief and supporting memorandum of law ; [memorandum in support of consolidated motions; exhibit F; attachments 1,2; certificate of service] - set for 8:45 05/12/04 before Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 21 Filed: 4/22/2004, Entered: 4/23/2004 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          MEMORANDUM by plaintiffs' in opposition to defendants' motion to dismiss for lack of jurisdiction and failure to state a claim; declaration of Paul H. Arhitoff; exhibits 1-10; declaration of Mark Anderson; declaration of David Caccia; declaration of Bill Freese; declaration of Andrew Kimbrell; declaration of Kirstin Morris; declaration of Mark Query; declaration of Renate Sella Rose; declaration of Victoria Holt Takamine; certificate of compliance; certificate of service [12-1] (lmg)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 23 Filed: 4/20/2004, Entered: 4/23/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            EO : Continued : [Defendants' Motion for Protective Order, Reconsideration of the Court's 13 April 2004 Order, and for Permission to File Reply Brief and Supporting Memorandum of Law ] from 04/28/2004 09:30:00 AM to 04/30/2004 09:00:00 AM before BMK. Memorandum in Opposition due 4-26-04 by 9 a.m., Hawaii time. Reply to Opposition due 4-29-04 by 9 a.m., Hawaii time. Notified: Paul Achitoff, Gregory Page () JUDGE Mag Judge Barry M. Kurren (sm)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 22 Filed: 4/19/2004, Entered: 4/23/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              EO : Defendants' Motion for Protective Order, Reconsideration of the Court's 13 April 2004 Order, and for Permission to File Reply Brief and Supporting Memorandum of Law moved from 5-24-04 to 04/28/2004 09:30:00 AM before BMK. Notified: Paul Achitoff, Gregory Page () JUDGE Mag Judge Barry M. Kurren (sm)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 20 Filed: 4/19/2004, Entered: 4/19/2004 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ORDER FOR DISCOVERY by Mag Judge Barry M. Kurren granting motion to compel discovery [16-1] - filed by plaintiffs (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 19 Filed: 4/13/2004, Entered: 4/15/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  EP: Plaintiffs' Motion to Compel Discovery and Opposition to Defendants' Motion to Stay Discovery and Defendants' Consolidated Motion to Stay Permissible Discovery Period - GRANTED in part and DENIED in part. Pltfs' request for precise locations of field test GRANTED. To be produced by 2 p.m. Hawaii time on 4-19-04. Achitoff to prepare order by today. Objection to form of order by 3 p.m. Hawaii time on 4-14-04. [16-1] [13-1] (Ct Rptr: C6 CD4; Time: 10:06-10:39) JUDGE Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 18 Filed: 4/13/2004, Entered: 4/14/2004 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    CERTIFICATE of service by plaintiffs (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 17 Filed: 4/12/2004, Entered: 4/14/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      EO: MINUTES: Continued : [Plaintiffs' Motion to Compel Discovery and Opposition to Defendants' Motion to Stay Discovery] from 04/12/2004 09:15:00 AM to 04/13/2004 10:00:00 AM, BMK. Defendants' Consolidated Motion to Stay Permissible Discovery Period moved from 04/30/2004 to 04/13/2004 10:00:00 AM, BMK. Notified: Paul Achitoff, Gregory Page [16-1] [13-1] by Judge Barry M. Kurren (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 16 Filed: 4/6/2004, Entered: 4/7/2004, Terminated: 4/19/2004 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Plaintiffs' OPPOSITION to defendants' motion to stay discovery period [13-1] (made a part of plaintiffs' M/compel discovery) (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 16 Filed: 4/6/2004, Entered: 4/7/2004, Terminated: 4/19/2004 Motion to CompelCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          NOTICE OF MOTION and motion by plaintiffs to compel discovery and opposition to defendants' motion to stay discovery; declaration of Paul H. Achitoff; exhibits 1-5; certificate of compliance; certificate of service - set for 9:15 4/12/04 before Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 15 Filed: 4/6/2004, Entered: 4/7/2004 Ex Parte Motion and orderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            EX PARTE MOTION by plaintiffs to shorten time for hearing discovery motions ; declaration of Paul H. Achitoff; ORDER by Mag Judge Barry M. Kurren granting ex parte motion; certificate of service (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 14 Filed: 4/5/2004, Entered: 4/6/2004 Memorandum in Opposition to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              MEMORANDUM by defendant Ann Veneman, defendant William T. Hawks, defendant Bobby R. Acord, defendant Cindy Smith in opposition to plaintiffs' ex parte motion to shorten time for hearing discovery motions (eps)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 13 Filed: 3/24/2004, Entered: 3/25/2004 Motion for DiscoveryCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                NOTICE OF MOTION and related hearing; Federal defendants' consolidated motion to stay permissible discovery period ; supporting memorandum of law; (exhibit C; certificate of service) - set for 9:00 4/30/04 before Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 12 Filed: 3/1/2004, Entered: 3/1/2004, Terminated: 7/12/2005 Motion to DismissCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Federal defendants' CONSOLIDATED MOTION to dismiss for lack of jurisdiction and failure to state a claim and supporting memorandum of law - set for 9:00 5/10/04 before Judge David A. Ezra (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 11 Filed: 2/20/2004, Entered: 2/23/2004 Certificate Of Service.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    CERTIFICATE of service by plaintiffs (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 10 Filed: 2/18/2004, Entered: 2/19/2004 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Rule 16 SCHEDULING ORDER Mag Judge Barry M. Kurren (cc: all counsel) (fe)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 9 Filed: 2/10/2004, Entered: 2/11/2004 Amended Complaint
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        FIRST AMENDED COMPLAINT for declaratory and injunctive relief; certificate of service [1-1] - by plaintiffs (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 8 Filed: 2/9/2004, Entered: 2/11/2004 Minutes-MiscellaneousCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          EP: Rule 16 Scheduling Conference held. Court to prepare scheduling conference order. 1. Non-jury trial on February 1, 2005 at 9:00 a.m. before DAE 2. Final Pretrial Conference on December 14, 2004 at 9:00 a.m. before BMK 3. 4. Final Pretrial Statement by December 7, 2004 5. File motions to Join/Add Parties/Amend Pleadings by July 2, 2004 6. File other Non-Dispositive Motions by November 3, 2004 7. File Dispositive Motions by August 2, 2004 8a. File Motions in Limine by January 11, 2005 8b. File opposition memo to a Motion in Limine by January 18, 2005 11a. Plaintiff's Expert Witness Disclosures by August 2, 2004 11b. Defendant's Expert Witness Disclosures by September 1, 2004 12. Discovery deadline December 3, 2004 13. Settlement Conference set for November 2, 2004 at 2:00 p.m. before BMK 14. Settlement Conference statements by October 26, 2004 20. 21. File Final witness list by January 11, 2005 24. Exchange Exhibit and Demonstrative aids by January 4, 2005 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by January 11, 2005 26. File objections to the Exhibits by January 18, 2005 28a. File Deposition Excerpt Designations by January 11, 2005 28b. File Deposition Counter Designations and Objections by January 18, 2005 29. File Trial Brief by January 18, 2005 30. File Findings of Fact & Conclusions of Law by January 18, 2005 cc: Tammy Kimura, Alycia Ziarno [rule 16 scheduling conference held on 9:00 2/9/04 before Mag Judge Barry M. Kurren ; Non-Jury Trial set for 9:00 2/1/05 Judge David A. Ezra ; final pretrial conference set for 9:00 12/14/04 before Mag Judge Barry M. Kurren ; Discovery ddl set for 12/3/04; Motion filing ddl set for 8/2/04; settlement conference set for 2:00 11/2/04 before Mag Judge Barry M. Kurren] (Ct Rptr: C6 - No Record Taken) JUDGE Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 7 Filed: 1/30/2004, Entered: 2/2/2004 Report of Planning Meeting
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Parties' joint REPORT OF PARTIES PLANNING MEETING; certificate of service (fe)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 6 Filed: 1/29/2004, Entered: 1/30/2004 Scheduling Conference Statement
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              SCHEDULING CONFERENCE STATEMENT; certificate of service - by plaintiffs (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 5 Filed: 1/12/2004, Entered: 1/20/2004 Ex Parte Motion and orderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                FIRST MOTION for an enlargement of time to answer or otherwise respond by Judge David A. Ezra - filed by federal defendants - [defts file answer on or before 03/01/04] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 4 Filed: 11/19/2003, Entered: 11/20/2003 Original Signature submitted
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Plaintiffs' SUBMISSION of original signatures on declarations of Joseph Mendelson III and Peter T. Jenkins, filed 11/12/03; certificate of service [1-1] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 3 Filed: 11/17/2003, Entered: 11/18/2003 Ex Parte Motion and orderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    APPLICATION by plaintiffs for admission pro hac vice of Joseph Mendelson III, and Peter T. Jenkins ; declaration of Paul H. Achitoff; declaration of Joseph Mendelson III; declaration of Peter T. Jenkins; ORDER by Mag Judge Barry M. Kurren granting application; certificate of service [local counsel: Paul H. Achitoff, Esq./Earthjustice; FEE PAID 11/12/03, receipt no's 219277 & 219278] (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 2 Filed: 11/12/2003, Entered: 11/13/2003 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ORDER by Judge David A. Ezra rule 16 conference set for 9:00 2/9/04 before Mag Judge Barry M. Kurren (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 1 Filed: 11/12/2003, Entered: 11/13/2003 Complaint
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        COMPLAINT for declaratory and injunctive relief; summons (Summons issued) (afc)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank -- Filed: 11/12/2003, Entered: 11/13/2003 Filing Fee Received
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          FILING FEE PAID in the amount of $ 150.00, receipt # 219279 (afc)
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