|
Since this appears to be a very large docket, we will only show 500 entries at at time.
Page 1 Page 2
|
| Save 25% on a pre-paid one year subscription. |
|
|
548 |
Filed: 8/22/2008, Entered: 8/22/2008 |
Appeal Record Sent to USCA |
|
APPEAL Record Sent to USCA (Electronic File) Circuit No. 07-4342Lead;07-4360 Assoc. case-Indexed record on Appeal Files for [539], [540] Notice(s) of Appeal were transmitted to the U.S. Court of Appeals. (Attachments: # (1) index part 2 of 2)(gmg)
|
|
|
 |
|
|
547 |
Filed: 11/16/2007, Entered: 11/16/2007 |
Mail Returned |
|
MAIL RETURNED as Undeliverable re: [539]; [540] Notice(s) of Appeal, Mail sent to Catherine E. Witherspoon, Esq. (gmg)
|
|
|
 |
|
|
546 |
Filed: 10/22/2007, Entered: 10/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Monday 3/19/2007 (Motions Hearing) before Judge William K. Sessions III. Court Reporter: Johanna Masse, Court Reporters Associates. (gmg)
|
|
|
 |
|
|
545 |
Filed: 10/22/2007, Entered: 10/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Friday 3/09/2007 (Status Conference) before Judge William K. Sessions III. Court Reporter: Anne E. Nichols. (gmg)
|
|
|
 |
|
|
544 |
Filed: 10/22/2007, Entered: 10/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Thursday 1/11/2007 (Rule 16 Conference) before Judge William K. Sessions III. Court Reporter: Nichols. (gmg)
|
|
|
 |
|
|
543 |
Filed: 10/18/2007, Entered: 10/18/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Friday 3/02/2007 (Motions Hearing and Pretrial Conference) before Judge William K. Sessions III. Court Reporter: Nichols. (gmg)
|
|
|
 |
|
|
542 |
Filed: 10/9/2007, Entered: 10/9/2007 |
Appeal Remark |
|
COURT'S LETTER of Acknowledgment re [540] Notice of Appeal by The Association of International Automobile Manufacturers. Copy mailed to non-NEF counsel of record. (gmg)
|
|
|
 |
|
|
541 |
Filed: 10/9/2007, Entered: 10/9/2007 |
Appeal Remark |
|
COURT'S LETTER of Acknowledgment re [539] Notice of Appeal by Alliance of Automobile Manufacturers, DaimlerChrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge Jeep, Green Mountain Ford Mercury, Joe Tornabene's GMC. Copy mailed to non-NEF counsel of record. (gmg)
|
|
|
 |
|
|
540 |
Filed: 10/5/2007, Entered: 10/5/2007 |
Notice of Appeal |
|
NOTICE OF APPEAL as to [534] Judgment and related [533] Opinion and Order by The Association of International Automobile Manufacturers. Filing fee $455. (law)
|
|
|
 |
|
|
539 |
Filed: 10/5/2007, Entered: 10/5/2007 |
Notice of Appeal |
|
NOTICE OF APPEAL as to [534] Judgment by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. Filing fee $455. (Attachments: # (1) Exhibit A)(law)
|
|
|
 |
|
|
538 |
Filed: 10/1/2007, Entered: 10/1/2007 |
Order on Motion for Admission Pro Hac Vice |
|
ORDER granting [536] Motion for Admission Pro Hac Vice of Kathleen M. Sullivan, Sanford I. Weisburst and William B. Adams. Signed by Judge William K. Sessions III on 10/01/07. (This is a text only Order.) (eae)
|
|
|
 |
|
|
537 |
Filed: 9/28/2007, Entered: 9/28/2007 |
Notice of Appearance |
|
NOTICE OF APPEARANCE by Kathleen M. Sullivan on behalf of Alliance of Automobile Manufacturers. (law)
|
|
|
 |
|
|
536 |
Filed: 9/28/2007, Entered: 9/28/2007, Terminated: 10/1/2007 |
Motion for Appearance Pro Hac Vice |
|
MOTION for Admission Pro Hac Vice of Kathleen M. Sullivan, Sanford I. Weisburst and William B. Adams by Alliance of Automobile Manufacturers. (Attachments: # (1) Affidavit of Kathleen M. Sullivan# (2) Affidavit of Sanford I. Weisburst# (3) Affidavit of William B. Adams)(law)
|
|
|
 |
|
|
535 |
Filed: 9/12/2007, Entered: 9/12/2007 |
Notice of Docket Entry Correction (PDF) |
|
NOTICE of DOCKET ENTRY CORRECTION re: [534] Attachment #1 NOTICE to Litigants re: Appeal Period. The original attachment image has been removed (incorrectly specified a 60-day appeal period). The corrected image, specifying a 30-day appeal period, is now attached to [534] and to this entry. (jmm)
|
|
|
 |
|
|
534 |
Filed: 9/12/2007, Entered: 9/12/2007 |
Clerks Judgment |
|
JUDGMENT for Defendants on Count I (express and implied preemption under the federal fuel economy laws) and Count IV (preemption under the foreign policy of the United States and the foreign affairs powers of the federal government) of the Complaint in Docket No. 2:05-cv-302 and on the First Claim (preemption under the federal EPCA) of the Complaint in Docket No. 2:05-cv-304. Count II (preemption under the CAA) of the Complaint in Docket No. 2:05-cv-302 is DISMISSED as moot. Counts III, V, and VI of the Complaint in Docket No. 2:05-cv-302 were dismissed by Plaintiffs before trial. The Second Claim (preemption under the Clean Air Act) of the Complaint in Docket No. 2:05-cv-304 is dismissed as moot. (Attachments: # (1) Notice to Litigants (image removed)(law) (# (2) CORRECTED Notice to Litigants (appeal period expires 10/12/2007)) (9/12/2007 4:00 pm)(jmm)
|
|
|
 |
|
|
533 |
Filed: 9/12/2007, Entered: 9/12/2007 |
Order |
|
OPINION AND ORDER: [486] RENEWED MOTION for Sanctions For Expert Discovery Violations, [479] RENEWED MOTION to Exclude Testimony of Barrett N. Rock, [485] RENEWED MOTION to Exclude Testimony of James E. Hansen, [487] MOTION to Exclude the Testimony of K.G. Duleep are denied. Judgment is ordered for Defendants on Count I (express and implied preemption under the federal fuel economy laws) and Count IV (preemption under the foreign policy of the United States and the foreign affairs powers of the federal government) of the Complaint in Docket No. 2:05-cv-302. Count II (preemption under the CAA) is dismissed as moot. Counts III, V, and VI were dismissed by Plaintiffs before trial. Judgment is ordered for Defendants on the First Claim (preemption under the federal EPCA) of the Complaint in Docket No. 2:05-cv-304. The Second Claim (preemption under the Clean Air Act) is dismissed as moot. Signed by Judge William K. Sessions III on 09/12/2007. (law)
|
|
|
 |
|
|
532 |
Filed: 8/29/2007, Entered: 8/29/2007 |
~Notice (other) |
|
NOTICE of Withdrawal of Attorney Scott M. Cullen by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Scoville, Michael)
|
|
|
 |
|
|
531 |
Filed: 8/29/2007, Entered: 8/29/2007 |
Order on Motion for Miscellaneous Relief |
|
ORDER denying [519] Motion for an Order to Correct Defendants' Post-Trial Filings. The Court will rely only on exhibits admitted into evidence in making its findings. Signed by Judge William K. Sessions III on 08/29/07. (This is a text only Order.) (eae)
|
|
|
 |
|
|
530 |
Filed: 8/10/2007, Entered: 8/10/2007 |
~Notice (other) |
|
NOTICE of Withdrawal of Attorney by Conservation Law Foundation (Attachments: # (1) Certificate of Service)(Kuster, Bradford)
|
|
|
 |
|
|
529 |
Filed: 7/31/2007, Entered: 7/31/2007 |
Order on Motion to Intervene |
|
ORDER denying in part and denying in part as moot [470] MOTION to Intervene and MOTION to Unseal Certain Court Records, or MOTION to Compel Showing of Confidentiality by Greenpeace and denying as moot [512] Motion for Special Admission Pro Hac Vice of Peter Glaser, Esq, denying as moot [521] Motion to Intervene and denying as moot [513] UNOPPOSED MOTION to Establish Briefing Schedule by Patrick Michaels. Signed by Judge William K. Sessions III on 07/31/2007. (law)
|
|
|
 |
|
|
528 |
Filed: 7/26/2007, Entered: 7/26/2007 |
Reply to Response to Motion |
|
REPLY filed by movant Greenpeace, Inc. to [521] Dr. Pat Michaels' Motion to Intervene. (law)
|
|
|
 |
|
|
527 |
Filed: 7/17/2007, Entered: 7/17/2007 |
Exhibit |
|
OFFICIAL LIST of Defendants' Exhibits Admitted during trial. (Attachments: # (1) Main Document (Part 2 of 4), # (2) Main Document (Part 3 of 4), # (3) Main Document (Part 4 of 4))(jam)
|
|
|
 |
|
|
526 |
Filed: 7/17/2007, Entered: 7/17/2007 |
Exhibit |
|
OFFICIAL LIST of Plaintiffs' Exhibits Admitted during trial. (Attachments: # (1) Main Document (Part 1 of 4), # (2) Main Document (Part 2 of 4), # (3) Main Document (Part 3 of 4), # (4) Main Document (Part 4 of 4))(jam) (Attachment 1 was a duplicate of the main image and has been removed) (jmm)
|
|
|
 |
|
|
525 |
Filed: 7/11/2007, Entered: 7/11/2007 |
Notice of Docket Entry Correction (PDF) |
|
NOTICE of DOCKET ENTRY CORRECTION re: [520] Response in Support re [486] Renewed Motion for Sanctions For Expert Discovery Violations, [487] Motion to Exclude the Testimony of K.G. Duleep. Reason for Correction: the original image was incorrect (see [524]) and has been removed. The correct image is now attached as Exhibit D to [520] and to this entry. (law)
|
|
|
 |
|
|
524 |
Filed: 7/9/2007, Entered: 7/9/2007 |
Errata |
|
ERRATA re: [520] Response in Support re [486] RENEWED MOTION for Sanctions For Expert Discovery Violations, [487] MOTION to Exclude the Testimony of K.G. Duleep by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Declaration# (2) Certificate of Service)(Byrne, Matthew) Link to [486] & [487] and filers added on 7/10/2007 (law)
|
|
|
 |
|
|
523 |
Filed: 7/9/2007, Entered: 7/9/2007 |
Response |
|
RESPONSE to [519] MOTION for an Order to Correct Defendants' Post-Trial Filings by George Crombie, richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group. (Attachments: # (1) Errata [D's Second Errata to Post Trial Filings]# (2) Errata [Corrected DPF p. 79-80]# (3) Errata [Corrected DPF p. 140]# (4) Errata [Corrected DPF p. 187-189]# (5) Errata [Corrected DPF p. 195]# (6) Errata [Corrected Trial Brief p. 55]# (7) Errata [Corrected Trial Brief p. 107]# (8) Certificate of Service)(Leske, Kevin) Filers added on 7/9/2007 (law).
|
|
|
 |
|
|
522 |
Filed: 7/6/2007, Entered: 7/6/2007 |
Response to Motion |
|
RESPONSE to [470] MOTION to Intervene and MOTION to Unseal Certain Court Records, or MOTION to Compel Showing of Confidentiality filed by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Bentsen, Derek) Text clarified 7/6/2007. (jmm)
|
|
|
 |
|
|
521 |
Filed: 7/6/2007, Entered: 7/6/2007, Terminated: 7/31/2007 |
Motion to Intervene |
|
MOTION to Intervene by Patrick J. Michaels. (Attachments: # (1) Memorandum in Support # (2) Affidavit)(law)
|
|
|
 |
|
|
520 |
Filed: 7/2/2007, Entered: 7/2/2007 |
Response in Support of Motion |
|
RESPONSE in Support re [486] RENEWED MOTION for Sanctions For Expert Discovery Violations, [487] MOTION to Exclude the Testimony of K.G. Duleep filed by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E# (6) Exhibit F# (7) Exhibit G# (8) Exhibit H# (9) Exhibit I)(Scoville, Michael) Exhibit D replaced 7/11/2007 (law)
|
|
|
 |
|
|
519 |
Filed: 7/2/2007, Entered: 7/2/2007, Terminated: 8/29/2007 |
Motion for Miscellaneous Relief |
|
MOTION for an Order to Correct Defendants' Post-Trial Filings by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC.(Scoville, Michael) Text clarified 7/3/2007. (jmm)
|
|
|
 |
|
|
518 |
Filed: 7/2/2007, Entered: 7/2/2007 |
Response |
|
RESPONSE re [486] RENEWED MOTION for Sanctions For Expert Discovery Violations, [487] MOTION to Exclude the Testimony of K.G. Duleep by George Crombie. (Attachments: # (1) Certificate of Service)(Leske, Kevin) Additional attachment(s) added on 7/3/2007 (jmm, ).
|
|
Request |
 |
|
|
517 |
Filed: 7/2/2007, Entered: 7/2/2007 |
Response |
|
RESPONSE re: [490] Renewed Proffer of PX 1297 by George Crombie, Richard Valentinetti, Jeffrey Wennberg. (Attachments: # (1) Certificate of Service)(Leske, Kevin) Text clarified, filers added 7/3/2007. (jmm)
|
|
|
 |
|
|
516 |
Filed: 7/2/2007, Entered: 7/2/2007 |
Proposed Findings of Fact |
|
PROPOSED FINDINGS OF FACT (CORRECTED) (Correction to [492] Proposed Findings of Fact) by Green Mountain Chrysler-Plymouth-Dodge, Alliance of Automobile Manufacturers, Association of International Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Byrne, Matthew) Text clarified, filers added 7/3/2007. (jmm)
|
|
|
 |
|
|
515 |
Filed: 6/21/2007, Entered: 6/21/2007 |
Amended Document |
|
CORRECTED POST TRIAL BRIEF by George Crombie, Richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group, Denise M. Sheehan, State of New York. Correcting [495] Trial Brief. (Attachments: # (1) Main Document (Part 2 of 4)# (2) Main Document (Part 3 of 4)# (3) Main Document (Part 4 of 4))(law)
|
|
|
 |
|
|
514 |
Filed: 6/21/2007, Entered: 6/21/2007 |
Errata |
|
ERRATA re: [495] Trial Brief by Jeffrey Wennberg, Richard Valentinetti, George Crombie. (law)
|
|
|
 |
|
|
513 |
Filed: 6/20/2007, Entered: 6/20/2007, Terminated: 7/31/2007 |
Motion for Miscellaneous Relief |
|
UNOPPOSED MOTION by Patrick J. Michaels to Establish Briefing Schedule to Respond to Greenpeace [470] MOTION to Intervene and MOTION to Unseal Certain Court Records, or MOTION to Compel Showing of Confidentiality . (Attachments: # (1) Text of Proposed Order)(law)
|
|
|
 |
|
|
512 |
Filed: 6/20/2007, Entered: 6/20/2007, Terminated: 7/31/2007 |
Motion for Appearance Pro Hac Vice |
|
MOTION for Special Admission Pro Hac Vice of Peter Glaser, Esq. by Patrick J. Michaels. (Attachments: # (1) Affidavit in Support of Motion for Admission Pro Hac Vice)(law)
|
|
|
 |
|
|
511 |
Filed: 6/20/2007, Entered: 6/20/2007 |
Notice of Appearance |
|
NOTICE OF APPEARANCE by Douglas G. Kallen on behalf of Patrick J. Michaels. (law)
|
|
|
 |
|
|
510 |
Filed: 6/19/2007, Entered: 6/19/2007 |
Response |
|
RESPONSE to Plaintiffs' Proffer of Exhibit 1179 (Foreign Policy Exhibits) by George Crombie, Richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group, Denise M. Sheehan, State of New York. (Attachments: # (1) Certificate of Service)(Leske, Kevin) Text clarified, filers added 6/19/2007. (jmm)
|
|
|
 |
|
|
509 |
Filed: 6/19/2007, Entered: 6/19/2007 |
Order on Motion to Amend/Correct |
|
ORDER granting [473] Consented to Motion to Amend [469] Order Re: Outstanding Proffers. Signed by Judge William K. Sessions III on 06/19/07. (This is a text only Order.) (eae)
|
|
|
 |
|
|
508 |
Filed: 6/18/2007, Entered: 6/18/2007 |
Response |
|
RESPONSE to Plaintiffs' Proffer of Exhibits by George Crombie, Richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group, Denise M. Sheehan, State of New York. (Attachments: # (1) Certificate of Service)(Leske, Kevin) Text clarified, filers added 6/18/2007. (jmm)
|
|
|
 |
|
|
507 |
Filed: 6/18/2007, Entered: 6/18/2007 |
Notice of Docket Entry Correction (PDF) |
|
NOTICE of DOCKET ENTRY CORRECTION re: [478] POST-TRIAL BRIEF by The Association of International Automobile Manufacturers. The original image contained illegible graphics. The corrected image is now attached to [478] and to this entry. (jmm)
|
|
|
 |
|
|
504 |
Filed: 6/18/2007, Entered: 6/18/2007 |
Errata |
|
This duplicate entry has been removed. Please refer to [483] Declaration of John B. Heywood. (6/18/2007) (jmm)
|
|
|
 |
|
|
503 |
Filed: 6/16/2007, Entered: 6/16/2007 |
Errata |
|
This duplicate entry has been removed. Please refer to [492] Proposed Findings of Fact. (6/18/2007) (jmm)
|
|
|
 |
|
|
502 |
Filed: 6/16/2007, Entered: 6/16/2007 |
Errata |
|
This duplicate entry has been removed. Please refer to [493] Proposed Conclusions of Law. (6/18/2007) (jmm)
|
|
|
 |
|
|
501 |
Filed: 6/16/2007, Entered: 6/16/2007 |
Errata |
|
This duplicate entry has been removed. Please refer to [494] Post-Trial Memorandum. (6/18/2007)(jmm)
|
|
|
 |
|
|
500 |
Filed: 6/16/2007, Entered: 6/16/2007 |
~Notice (other) |
|
REQUEST for Judicial Notice by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Excerpt: Waiver of Federal Preemption, California Low-Emission Vehicles, U.S. EPA (Jan. 7, 1992) # (2) Excerpt: Decision Document Supporting 61 Fed. Reg. 53,371 (Oct. 11, 1996))(Bentsen, Derek) Text clarified 6/18/2007. (jmm)
|
|
|
 |
|
|
499 |
Filed: 6/16/2007, Entered: 6/16/2007 |
Trial Brief/Memorandum |
|
This entry was e-filed erroneously (duplicate of [495]) and has been removed. Please refer to [495]. (6/18/2007)(jmm)
|
|
|
 |
|
|
498 |
Filed: 6/16/2007, Entered: 6/16/2007 |
Trial Brief/Memorandum |
|
This entry was e-filed erroneously (duplicate of [495]) and has been removed. Please refer to [495]. (6/18/2007)(jmm)
|
|
|
 |
|
|
497 |
Filed: 6/16/2007, Entered: 6/16/2007 |
Trial Brief/Memorandum |
|
This entry was e-filed erroneously (duplicate of [495]) and has been removed. Please refer to [495]. (6/18/2007)(jmm)
|
|
|
 |
|
|
496 |
Filed: 6/16/2007, Entered: 6/16/2007 |
Trial Brief/Memorandum |
|
This entry was e-filed erroneously (duplicate of [495]) and has been removed. Please refer to [495]. (6/18/2007)(jmm)
|
|
|
 |
|
|
495 |
Filed: 6/16/2007, Entered: 6/16/2007 |
Trial Brief/Memorandum |
|
POST-TRIAL BRIEF by George Crombie, Richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group, Denise M. Sheehan, State of New York. (Attachments: # (1) Main Document (2 of 3)# (2) Main Document (3 of 3)# (3) Appendix A# (4) Appendix B# (5) Appendix C# (6) Appendix C - depositions# (7) Exhibit A# (8) Exhibit B # (9) Certificate of Service (added 6/18/2007))(Leske, Kevin) Text clarified, filers added 6/18/2007. (jmm)
|
|
|
 |
|
|
494 |
Filed: 6/16/2007, Entered: 6/16/2007 |
Trial Brief/Memorandum |
|
POST-TRIAL MEMORANDUM by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (4) Exhibit A# (5) Appendix B)(Bentsen, Derek) (Images replaced 6/18/2007.) (jmm)
|
|
|
 |
|
|
493 |
Filed: 6/16/2007, Entered: 6/16/2007 |
Supplemental Document |
|
PROPOSED CONCLUSIONS OF LAW by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Blocher, Lucas) Text clarified, image replaced 6/18/2007. (jmm)
|
|
|
 |
|
|
506 |
Filed: 6/15/2007, Entered: 6/18/2007 |
~Notice (other) |
|
DEPOSITION DESIGNATIONS (with HCI Redactions) by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge (located in separate black 3-ring binder for viewing in the Clerk's Office). (law)
|
|
|
 |
|
|
505 |
Filed: 6/15/2007, Entered: 6/18/2007 |
Motion for Hearing |
|
NOTICE of Lodging of Sealed Documents and CONDITIONAL REQUEST for a Hearing on Submission and Review of Lodged Sealed Documents by the Court by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge.(law) (Sealed depositions received by Clerk's Office on 6/18/2007.)(jmm)
|
|
|
 |
|
|
492 |
Filed: 6/15/2007, Entered: 6/15/2007 |
Proposed Findings of Fact |
|
PROPOSED FINDINGS OF FACT by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Blocher, Lucas) Image replaced 6/18/2007. (jmm)
|
|
|
 |
|
|
491 |
Filed: 6/15/2007, Entered: 6/15/2007 |
Proposed Findings of Fact |
|
This entry (Proposed Findings of Fact - parts 3, 4) was e-filed erroneously and has been removed. Please refer to [489] which now contains Proposed Findings of Fact - parts 1, 2, 3, 4. (6/18/2007)(jmm)
|
|
|
 |
|
|
490 |
Filed: 6/15/2007, Entered: 6/15/2007 |
Supplemental Document |
|
RENEWED PROFFER of PX1297 by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Revised PX1297)(Blocher, Lucas) Text clarified 6/18/2007. (jmm)
|
|
|
 |
|
|
489 |
Filed: 6/15/2007, Entered: 6/15/2007 |
Proposed Findings of Fact |
|
PROPOSED FINDINGS OF FACT by George Crombie, Richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group, Denise M. Sheehan, State of New York. (Attachments: # (1) Main Document (2 of 4)# (2) Main Document (3 of 4) # (3) Main Document (4 of 4))(Leske, Kevin) Text clarified, filers added, attachments 3, 4 added 6/18/2007. (jmm)
|
|
|
 |
|
|
488 |
Filed: 6/15/2007, Entered: 6/15/2007 |
Supplemental Document |
|
APPENDIX A re: [486] RENEWED MOTION for Sanctions For Expert Discovery Violations, [487] MOTION to Exclude the Testimony of K.G. Duleep by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury. (Attachments: # (1) Exhibit 1# (2) Exhibit 2 - Part 1 of 3# (3) Exhibit 2 - Part 2 of 3# (4) Exhibit 2 - Part 3 of 3# (5) Exhibit 3# (6) Exhibit 4# (7) Exhibit 5 - Part 1 of 2# (8) Exhibit 5 - Part 2 of 2# (9) Exhibit 6# (10) Exhibit 7# (11) Exhibit 8# (12) Exhibit 9# (13) Exhibit 10# (14) Exhibit 11# (15) Exhibit 12# (16) Exhibit 13# (17) Exhibit 14# (18) Exhibit 15)(Blocher, Lucas) Text clarified 6/19/2007. (jmm)
|
|
|
 |
|
|
487 |
Filed: 6/15/2007, Entered: 6/15/2007, Terminated: 9/12/2007 |
Motion to Exclude |
|
MOTION to Exclude the Testimony of K.G. Duleep by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3# (4) Exhibit 4# (5) Exhibit 5# (6) Exhibit 6# (7) Exhibit 7# (8) Exhibit 8# (9) Exhibit 9# (10) Exhibit 10# (11) Exhibit 11# (12) Exhibit 12# (13) Exhibit 13 - Part 1 of 3# (14) Exhibit 13 - Part 2 of 3# (15) Exhibit 13 - Part 3 of 3# (16) Exhibit 14# (17) Exhibit 15# (18) Exhibit 16# (19) Exhibit 17 - Part 1 of 3# (20) Exhibit 17 - Part 2 of 3# (21) Exhibit 17 - Part 3 of 3# (22) Exhibit 18# (23) Exhibit 19# (24) Exhibit 20)(Blocher, Lucas) Text clarified 6/18/2007. (jmm)
|
|
|
 |
|
|
486 |
Filed: 6/15/2007, Entered: 6/15/2007, Terminated: 9/12/2007 |
Motion for Sanctions |
|
RENEWED MOTION for Sanctions For Expert Discovery Violations by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3# (4) Exhibit 4# (5) Exhibit 5# (6) Exhibit 6# (7) Exhibit 7# (8) Exhibit 8# (9) Exhibit 9# (10) Exhibit 10# (11) Exhibit 11# (12) Exhibit 12# (13) Exhibit 13 - Part 1 of 2# (14) Exhibit 13 - Part 2 of 2# (15) Exhibit 14# (16) Exhibit 15# (17) Exhibit 16# (18) Exhibit 17)(Blocher, Lucas) Text clarified 6/18/2007. (jmm)
|
|
|
 |
|
|
485 |
Filed: 6/15/2007, Entered: 6/15/2007, Terminated: 9/12/2007 |
Motion to Exclude |
|
RENEWED MOTION to Exclude Testimony of James E. Hansen by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E - Part 1 of 6# (6) Exhibit E - Part 2 of 6# (7) Exhibit E - Part 3 of 6# (8) Exhibit E - Part 4 of 6# (9) Exhibit E - Part 5 of 6# (10) Exhibit E - Part 6 of 6# (11) Exhibit F# (12) Exhibit G - Part 1 of 5# (13) Exhibit G - Part 2 of 5# (14) Exhibit G - Part 3 of 5# (15) Exhibit G - Part 4 of 5# (16) Exhibit G - Part 5 of 5# (17) Exhibit H# (18) Exhibit I# (19) Exhibit J# (20) Exhibit K# (21) Exhibit L# (22) Exhibit M - Part 1 of 3# (23) Exhibit M - Part 2 of 3# (24) Exhibit M - Part 3 of 3# (25) Exhibit N# (26) Exhibit O - Part 1 of 2# (27) Exhibit O - Part 2 of 2# (28) Exhibit P# (29) Exhibit Q# (30) Exhibit R# (31) Exhibit S# (32) Exhibit T# (33) Exhibit U# (34) Exhibit V)(Blocher, Lucas) Text clarified 6/18/2007. (jmm)
|
|
Request |
 |
|
|
484 |
Filed: 6/15/2007, Entered: 6/15/2007 |
Certificate Of Service. |
|
CERTIFICATE OF SERVICE re: [480] Memorandum in Opposition to [479] RENEWED MOTION to Exclude Testimony of Barrett N. Rock, [485] RENEWED MOTION to Exclude Testimony of James Hansen, [487] RENEWED MOTION to Exclude the Testimony of K.G. Duleep; [481] DECLARATION of K.G. Duleep; [482] DECLARATION of Marc H. Ross, Ph.D; [483] DECLARATION of John B. Heywood, Ph.D by State of New York, George Crombie, Richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group, Denise M. Sheehan. (Chu, Yueh-ru) Text clarified, filers added 6/18/2007. (jmm)
|
|
|
 |
|
|
483 |
Filed: 6/15/2007, Entered: 6/15/2007 |
Declaration |
|
DECLARATION of John B. Heywood, Ph.D. re: [479] RENEWED MOTION to Exclude Testimony of Barrett N. Rock, [485] RENEWED MOTION to Exclude Testimony of James Hansen, [487] RENEWED MOTION to Exclude the Testimony of K.G. Duleep by State of New York, George Crombie, Richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group, Denise M. Sheehan. (Chu, Yueh-ru) Text clarified, filers added, complete/corrected image added 6/18/2007. (jmm)
|
|
|
 |
|
|
482 |
Filed: 6/15/2007, Entered: 6/15/2007 |
Declaration |
|
DECLARATION of Marc H. Ross, Ph.D. re: [479] RENEWED MOTION to Exclude Testimony of Barrett N. Rock, [485] RENEWED MOTION to Exclude Testimony of James Hansen, [487] RENEWED MOTION to Exclude the Testimony of K.G. Duleep by State of New York, George Crombie, Richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group, Denise M. Sheehan. (Chu, Yueh-ru) Text clarified, filers added 6/18/2007. (jmm)
|
|
|
 |
|
|
481 |
Filed: 6/15/2007, Entered: 6/15/2007 |
Affidavit |
|
DECLARATION of K.G. Duleep re: [479] RENEWED MOTION to Exclude Testimony of Barrett N. Rock, [485] RENEWED MOTION to Exclude Testimony of James Hansen, [487] RENEWED MOTION to Exclude the Testimony of K.G. Duleep by State of New York, George Crombie, Richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group, Denise M. Sheehan. (Chu, Yueh-ru) Text clarified, filers added 6/18/2007. (jmm)
|
|
|
 |
|
|
480 |
Filed: 6/15/2007, Entered: 6/15/2007 |
Memorandum in Opposition |
|
MEMORANDUM by State of New York, George Crombie, Richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group, Denise M. Sheehan in Opposition to [479] RENEWED MOTION to Exclude Testimony of Barrett N. Rock, [485] RENEWED MOTION to Exclude Testimony of James Hansen, [487] RENEWED MOTION to Exclude the Testimony of K.G. Duleep. (Chu, Yueh-ru) Text clarified, filers added 6/18/2007. (jmm)
|
|
|
 |
|
|
479 |
Filed: 6/15/2007, Entered: 6/15/2007, Terminated: 9/12/2007 |
Motion to Exclude |
|
RENEWED MOTION to Exclude Testimony of Barrett N. Rock by Alliance of Automobile Manufacturers, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E# (6) Exhibit F# (7) Exhibit G# (8) Exhibit H# (9) Exhibit I# (10) Exhibit J# (11) Exhibit K)(Blocher, Lucas)
|
|
|
 |
|
|
478 |
Filed: 6/15/2007, Entered: 6/15/2007 |
Trial Brief/Memorandum |
|
POST-TRIAL BRIEF by The Association of International Automobile Manufacturers. (Behm, R.) Image replaced 6/18/2007 (graphics were distorted in original image). (jmm)
|
|
|
 |
|
|
477 |
Filed: 6/15/2007, Entered: 6/15/2007 |
Letter |
|
LETTER re: Defendants' Designations for Manufacturers by George Crombie, Richard Valentinetti, Jeffrey Wennberg. (law)
|
|
|
 |
|
|
476 |
Filed: 6/14/2007, Entered: 6/14/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Friday 4/06/2007 (Hearing on Document Sealing and/or Courtroom Closure) before Judge William K. Sessions III. Court Reporter: Anne E. Nichols. (law)
|
|
|
 |
|
|
475 |
Filed: 6/14/2007, Entered: 6/14/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Wednesday, 04/04/2007 (Hearing to Discuss U.S. Supreme Court Decision in Massachusetts V EPA & Testimony of Mr. Duleep) before Judge William K. Sessions III. Court Reporter: Anne E. Nichols. (law)
|
|
|
 |
|
|
474 |
Filed: 6/12/2007, Entered: 6/12/2007 |
Stipulation |
|
STIPULATION Re: Defendants' Exhibits by Alliance of Automobile Manufacturers, Association of International Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC, George Crombie, Richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group, Denise M. Sheehan, State of New York (Attachments: # (1) Certificate of Service)(Leske, Kevin) Filers added 6/13/2007. (jmm)
|
|
|
 |
|
|
473 |
Filed: 6/12/2007, Entered: 6/12/2007, Terminated: 6/19/2007 |
Motion to Amend/Correct |
|
CONSENTED TO MOTION to Amend [469] Order Re: Outstanding Proffers by Association of International Automobile Manufacturers.(Bouffard, Debra)
|
|
|
 |
|
|
472 |
Filed: 6/11/2007, Entered: 6/11/2007 |
Response to Motion |
|
RESPONSE filed by Burlington Free Press to [470] MOTION to Intervene and MOTION to Unseal Certain Court Records, or MOTION to Compel Showing of Confidentiality. (law)
|
|
|
 |
|
|
471 |
Filed: 6/11/2007, Entered: 6/11/2007, Terminated: 6/11/2007 |
Motion to Intervene |
|
This entry was e-filed erroneously (wrong event) and has been removed. Please refer to [472]. (6/11/2007) (jmm)
|
|
|
 |
|
|
470 |
Filed: 6/8/2007, Entered: 6/8/2007, Terminated: 7/31/2007 |
Motion to Intervene |
|
MOTION to Intervene and MOTION to Unseal Certain Court Records, or MOTION to Compel Showing of Confidentiality by Greenpeace, Inc. (Attachments: # (1) Memorandum in Support # (2) Certificate of Service)(law)
|
|
|
 |
|
|
469 |
Filed: 6/4/2007, Entered: 6/4/2007 |
Order |
|
ORDER: Outstanding Proffers. Signed by Judge William K. Sessions III on 06/04/2007. (law)
|
|
|
 |
|
|
468 |
Filed: 6/4/2007, Entered: 6/4/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on May 16, 2007 (Status Conference) before Judge William K. Sessions III. Court Reporter: Norma J. Miller. (law)
|
|
|
 |
|
|
467 |
Filed: 6/4/2007, Entered: 6/4/2007 |
Order on Motion to Extend Time |
|
ORDER granting [466] Unopposed Motion For Enlargement of Time to File Post-Trial Submissions. Signed by Judge William K. Sessions III on 06/04/07. (This is a text only Order.) (eae)
|
|
|
 |
|
|
466 |
Filed: 6/4/2007, Entered: 6/4/2007, Terminated: 6/4/2007 |
Motion to Extend Time |
|
UNOPPOSED MOTION for Extension of Time to File Post-Trial Submissions by Alliance of Automobile Manufacturers, Association of International Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC.(Feldmann, Ross) Filers added 6/4/2007. (jmm)
|
|
|
 |
|
|
-- |
Filed: 6/4/2007, Entered: 6/4/2007 |
Set/Reset Deadlines: |
|
Reset Deadlines: Post-trial submissions due by 6/15/2007. (law)
|
|
|
 |
|
|
465 |
Filed: 5/31/2007, Entered: 5/31/2007 |
Order on Motion to Seal Document |
|
ORDER granting [456] Stipulated Motion to Seal Document Submission of Disputed Deposition Testimony Designated as HCI. Signed by Judge William K. Sessions III on 5/31/2007. (This is a text only Order.) (eae) Entry unsealed per Chambers 6/4/2007. (jmm)
|
|
|
 |
|
|
463 |
Filed: 5/30/2007, Entered: 5/30/2007 |
Notice of Docket Entry Correction |
|
NOTICE of DOCKET ENTRY CORRECTION re: [460], [461], [462]. Text and images associated with these filings have been removed from the docket (e-filed erroneously as separate entries). Please refer to the consolidated entry [464]. (jmm)
|
|
|
 |
|
|
464 |
Filed: 5/29/2007, Entered: 5/30/2007 |
Supplemental Document |
|
SUPPLEMENTAL MEMORANDUM on the Respective Roles of EPA and NHTSA by Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group, Jeffrey Wennberg, Richard Valentinetti, Denise M. Sheehan, State of New York, George Crombie. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E# (6) Exhibit F# (7) Exhibit G# (8) Exhibit H# (9) Exhibit I# (10) Exhibit J# (11) Exhibit K# (12) Exhibit L# (13) Exhibit M# (14) Exhibit N# (15) Exhibit O# (16) Exhibit P# (17) Exhibit Q# (18) Exhibit R (Part 1 of 5)# (19) Exhibit R (Part 2 of 5)# (20) Exhibit R (Part 3 of 5)# (21) Exhibit R (Part 4 of 5)# (22) Exhibit R (Part 5 of 5)# (23) Exhibit S# (24) Certificate of Service)(law)
|
|
|
 |
|
|
462 |
Filed: 5/29/2007, Entered: 5/29/2007 |
Supplemental Document |
|
SUPPLEMENTAL MEMORANDUM on Respective Roles of EPA and NHTSA. ***NOTE: The images and docket entry text associated with this filing have been removed. Please refer to the consolidated entry [464]. (5/30/2007)(jmm)
|
|
|
 |
|
|
461 |
Filed: 5/29/2007, Entered: 5/29/2007 |
Supplemental Document |
|
SUPPLEMENTAL MEMORANDUM on Respective Roles of EPA and NHTSA. ***NOTE: The images and docket entry text associated with this filing have been removed. Please refer to the consolidated entry [464]. (5/30/2007)(jmm)
|
|
|
 |
|
|
460 |
Filed: 5/29/2007, Entered: 5/29/2007 |
Supplemental Document |
|
SUPPLEMENTAL MEMORANDUM on Respective Roles of EPA and NHTSA. ***NOTE: The images and docket entry text associated with this filing have been removed. Please refer to the consolidated entry [464]. (5/30/2007)(jmm)
|
|
|
 |
|
|
459 |
Filed: 5/29/2007, Entered: 5/29/2007 |
Supplemental Document |
|
LETTER re: Exhibit DX 2007 by George Crombie, Richard Valentinetti, Jeffrey Wennberg. (Attachments: # (1) Exhibit 1)(Leske, Kevin) Text clarified, filers added 5/29/2007. (jmm)
|
|
|
 |
|
|
458 |
Filed: 5/23/2007, Entered: 5/24/2007 |
Sealed Document + |
|
SUBMISSION filed by Defendants and Defendant-Intervenors' of Disputed Deposition Testimony Designated as HCI by Plaintiffs. (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3# (4) Exhibit 4) (IMAGES ARE SEALED)(law)
|
|
Request |
 |
|
|
457 |
Filed: 5/23/2007, Entered: 5/23/2007 |
Response |
|
RESPONSE to [403] Plaintiffs' Proffer of Exhibit 1297 by George Crombie, Richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group, Denise M. Sheehan, State of New York. Attachments: # (1) Exhibit 1# (2) Certificate of Service)(Leske, Kevin) (Filers added, text clarified 5/24/2007.) (jmm)
|
|
|
 |
|
|
456 |
Filed: 5/23/2007, Entered: 5/23/2007, Terminated: 5/31/2007 |
~Motion to Seal Document |
|
STIPULATED MOTION to Seal Submission of Disputed Deposition Testimony Designated as HCI by Thomas W. Torti, Richard Valentinetti, George Crombie.(law) Entry and image unsealed 6/4/2007 per Chambers. (jmm)
|
|
|
 |
|
|
455 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Trial Brief/Memorandum |
|
BRIEF Concerning Trade Secret Deposition Designations by The Association of International Automobile Manufacturers. (Attachments: # (1) Affidavit of John W. Alden, Jr.# (2) Affidavit of Raymond Coss # (3) Certificate of Service)(Bouffard, Debra) Text clarified 5/23/2007. (jmm)
|
|
|
 |
|
|
454 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Response |
|
RESPONSE re: [414] Proffer of Exhibits by Defendants and Defendant-Intervenors by Alliance of Automobile Manufacturers, Association of International Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3# (4) Exhibit 4# (5) Exhibit 5# (6) Exhibit 6# (7) Exhibit 7# (8) Certificate of Service)(Byrne, Matthew) Text clarified, filers added 5/23/2007. (jmm)
|
|
|
 |
|
|
453 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Tuesday, 05/08/2007 (Volume 16-B, Closing Arguments) before Judge William K. Sessions III. Court Reporter: Anne E. Nichols. (law)
|
|
|
 |
|
|
452 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Tuesday, 05/08/2007 (Volume 16-A, Witness: Donald J. Patterson, Ph.D.) before Judge William K. Sessions III. Court Reporter: Johanna Masse. (law)
|
|
|
 |
|
|
451 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Monday, 05/07/2007 (Volume 15, Witnessess: David Greene & Thomas Austin) before Judge William K. Sessions III. Court Reporter: Anne E. Nichols. (law)
|
|
|
 |
|
|
450 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Friday 5/04/2007 (Volume 14-B, Witness: Peter Berck, Ph.D.) before Judge William K. Sessions III. Court Reporter: Johanna Masse. (law)
|
|
|
 |
|
|
| Save 25% on a pre-paid one year subscription. |
|
|
449 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Friday, 05/04/2007 (Volume 14-A, Witnesses: Barrett Rock & John R. Christy) before Judge William K. Sessions III. Court Reporter: Anne E. Nichols. (law)
|
|
|
 |
|
|
448 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Thursday, 05/03/2007 (Volume 13-B, Witness: James E. Hansen, Ph.D.) before Judge William K. Sessions III. Court Reporter: Johanna Masse. (law)
|
|
|
 |
|
|
447 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Thursday, 05/03/2007 (Volume 13-A, Witnesses: K.G. Duleep & James Hansen) before Judge William K. Sessions III. Court Reporter: Anne E. Nichols. (law)
|
|
|
 |
|
|
446 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Wednesday, 05/02/2007 (Volume 12-B, Witness: K.G. Duleep) before Judge William K. Sessions III. Court Reporter: Johanna Masse. (law)
|
|
|
 |
|
|
445 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Wednesday, 05/02/2007 (Volume 12-A, Witnesses: Daniel Sperling & K.G. Duleep) before Judge William K. Sessions III. Court Reporter: Anne E. Nichols. (law)
|
|
|
 |
|
|
444 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Tuesday, 05/01/2007 (Volume 11-B, Witness: Michael D. Jackson) before Judge William K. Sessions III. Court Reporter: Anne E. Nichols. (law)
|
|
|
 |
|
|
443 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Tuesday, 05/01/2007 (Volume 11-A, Witnesses: Thomas C. Moye & Michael D. Jackson) before Judge William K. Sessions III. Court Reporter: Johanna Masse. (law)
|
|
|
 |
|
|
442 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Monday, 04/30/2007 (Volume 10-B, Witness: Kenneth J. Patton) before Judge William K. Sessions III. Court Reporter: Anne E. Nichols. (law)
|
|
|
 |
|
|
441 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Monday, 04/30/2007 (Volume 10-A, Witness: Kenneth J. Patton) before Judge William K. Sessions III. Court Reporter: Johanna Masse. (law)
|
|
|
 |
|
|
440 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Wednesday, 04/25/2007 (Volume 9-B, Witness: Kevin B. McMahon) before Judge William K. Sessions III. Court Reporter: Johanna Masse. (law)
|
|
|
 |
|
|
439 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Wednesday, 04/25/2007 (Volume 9-A, Witnesses: M. Laurentius Marais & Kevin McMahon) before Judge William K. Sessions III. Court Reporter: Anne E. Nichols. (law)
|
|
|
 |
|
|
438 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Tuesday, 04/24/2007 (Volume 8-B, Witnessess: Robert Shelton & M. Laurentius Marais) before Judge William K. Sessions III. Court Reporter: Anne E. Nichols. (law)
|
|
|
 |
|
|
437 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Tuesday, 04/24/2007 (Volume 8-A, Witnesses: Thomas C. Austin) before Judge William K. Sessions III. Court Reporter: Johanna Masse. (law)
|
|
|
 |
|
|
436 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Monday, 04/23/2007 (Volume 7-B, Witnesses: Thomas C. Austin) before Judge William K. Sessions III. Court Reporter: Johanna Masse. (law)
|
|
|
 |
|
|
435 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Monday, 04/23/2007 (Volume 7-A, Witness: Thomas Austin) before Judge William K. Sessions III. Court Reporter: Anne E. Nichols. (law)
|
|
|
 |
|
|
434 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Friday, 04/20/2007 (Volume 6-B, Witnesses: Ronald Harbour & Thomas C. Austin) before Judge William K. Sessions III. Court Reporter: Johanna Masse. (law)
|
|
|
 |
|
|
433 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Friday, 04/20/2007 (Volume 6-A, Witness: Ronald Harbour) before Judge William K. Sessions III. Court Reporter: Anne E. Nichols. (law)
|
|
|
 |
|
|
432 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Thursday, 04/19/2007 (Volume 5-B, Witness: David Harrison) before Judge William K. Sessions III. Court Reporter: Anne E. Nichols. (law)
|
|
|
 |
|
|
431 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Thursday, 04/19/2007 (Volume 5-A, Witnesses: Harold M. Haskew & David Harrison, Jr., Ph.D.) before Judge William K. Sessions III. Court Reporter: Johanna Masse. (law)
|
|
|
 |
|
|
430 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Friday, 04/13/2007 (Volume 4-B, Sealed by Order of Court due to discussions of admissibility of trade secrets or highly confidential information, Witnesses: Robert Lee & Van Jollisaint) before Judge William K. Sessions III. Court Reporter: Anne E. Nichols. (law)
|
|
|
 |
|
|
429 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Friday, 04/13/2007 (Volume 4-B, Public Copy, Witnesses: Robert Lee & Van Jollisaint) before Judge William K. Sessions III. Court Reporter: Anne E. Nichols. (law)
|
|
|
 |
|
|
428 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Friday, 04/13/2007 (Volume 4-A, Sealed by Order of Court due to discussions of admissibility of trade secrets or highly confidential information, Witnesses: Reginald Modlin & Robert Lee) before Judge William K. Sessions III. Court Reporter: Johanna Masse. (law)
|
|
|
 |
|
|
427 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Friday, 04/13/2007 (Volume 4-A, Public Copy, Witnesses: Reginald Modlin & Robert Lee) before Judge William K. Sessions III. Court Reporter: Johanna Masse. (law)
|
|
|
 |
|
|
426 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Thursday, 04/12/2007 (Volume 3-B, Sealed by Order of Court due to discussions of admissibility of trade secrets or highly confidential information, Witness: Reginald Modlin) before Judge William K. Sessions III. Court Reporter: Anne E. Nichols. (law)
|
|
|
 |
|
|
425 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Thursday, 04/12/2007 (Volume 3-B, Public Copy, Witness: Reginald Modlin) before Judge William K. Sessions III. Court Reporter: Anne E. Nichols. (law)
|
|
|
 |
|
|
424 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Thursday, 04/12/2007 (Volume 3-A, Sealed by Order of Court due to discussions of admissibility of trade secrets or highly confidential information. Witnesses: Reginald Modlin & Ronald Carpenter) before Judge William K. Sessions III. Court Reporter: Johanna Masse. (law)
|
|
|
 |
|
|
423 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Thursday, 04/12/2007 (Volume 3-A, Public Copy, Witnesses: Reginald Modlin & Ronald Carpenter) before Judge William K. Sessions III. Court Reporter: Johanna Masse. (law)
|
|
|
 |
|
|
422 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Wednesday, 04/11/2007 (Volume 2-B, Sealed by Order of Court due to discussions of admissibility of trade secrets or highly confidential information, Witnesses: Alan Weverstad & Reginald Modlin) before Judge William K. Sessions III. Court Reporter: Johanna Masse. (law)
|
|
|
 |
|
|
421 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Wednesday, 04/11/2007 (Volume 2-B, Public Copy, Witnesses: Alan Weverstad & Reginald Modlin) before Judge William K. Sessions III. Court Reporter: Johanna Masse. (law)
|
|
|
 |
|
|
420 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Wednesday, 04/11/2007 (Volume 2-A, Sealed by Order of Court due to discussions of admissibility of trade secrets or highly confidential information. Witnesses: Alan Weverstad & Joseph J. Tornabene, Jr.) before Judge William K. Sessions III. Court Reporter: Anne E. Nichols. (law)
|
|
|
 |
|
|
419 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Wednesday, 04/11/2007 (Volume 2-A, Public Copy, Witnesses: Alan Weverstad & Joseph J. Tornabene, Jr.) before Judge William K. Sessions III. Court Reporter: Anne E. Nichols. (law)
|
|
|
 |
|
|
418 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Tuesday, 04/10/2007 (Volume 1-C, Witness: Alan Weverstad) before Judge William K. Sessions III. Court Reporter: Anne E. Nichols. (law)
|
|
|
 |
|
|
417 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Tuesday, 04/10/2007 (Volume 1-B, Sealed by Order of Court due to discussions of admissibility of trade secrets or highly confidential information. Witness: Alan Weverstad) before Judge William K. Sessions III. Court Reporter: Johanna Masse. (law)
|
|
|
 |
|
|
416 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Tuesday, 04/10/2007 (Volume 1-B, Public Copy - Witness: Alan Weverstad) before Judge William K. Sessions III. Court Reporter: Johanna Masse. (law)
|
|
|
 |
|
|
415 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Transcript |
|
TRANSCRIPT of Proceedings held on Tuesday, 04/10/2007 (Volume 1-A, Opening Statements & Witnesses: Charles Shulock and Alan Weverstad) before Judge William K. Sessions III. Court Reporter: Anne E. Nichols. (law)
|
|
|
 |
|
|
414 |
Filed: 5/21/2007, Entered: 5/21/2007 |
~Notice (other) |
|
PROFFER of Exhibits by George Crombie, Richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group, Denise M. Sheehan, State of New York. (Attachments: # (1) Exhibits# (2) Exhibit 1# (3) Exhibit 2# (4) Certificate of Service)(Leske, Kevin) Text clarified, filers added 5/22/2007. (jmm)
|
|
|
 |
|
|
413 |
Filed: 5/21/2007, Entered: 5/21/2007 |
Notice of Docket Entry Correction |
|
NOTICE of DOCKET ENTRY CORRECTION re: [412] Minute Entry. Two dates in the original minute entry were incorrect and have been corrected: Remaining disputes by pltfs to be submitted by Tuesday 5/22/07 (not Wednesday 5/23/07) and any remaining objections to deposition designations, including excerpts, are to be submitted by end of day on Tuesday 5/22/07 (not Wednesday 5/23/07). These dates have been corrected in entry [412]. (jmm)
|
|
|
 |
|
|
-- |
Filed: 5/21/2007, Entered: 5/21/2007 |
Set/Reset Deadlines: |
|
Reset Deadlines: Set Status Report deadline: Remaining exhibit disputes by pltfs due by 5/22/2007 and deposition designation disputes due by 5/22/07. (jmm)
|
|
|
 |
|
|
412 |
Filed: 5/16/2007, Entered: 5/16/2007 |
Status Conference |
|
MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Status Conference held on 5/16/2007 to review objections to trial exhibits. R. Hemley, M. Byrne, D. Bentsen, S. Drake & C. Haake (via phone) present for pltfs; S. Kline, K. Leske, E. Jessup, B. Kuster (via phone), D. Bookbinder (via phone) present for dfts. Court makes inquiries regarding remaining disputes as to admission of various exhibits. Statements by counsel. ORDERED: remaining disputes by dfts to be submitted in writing by the end of day on Monday 5/21/07; remaining disputes by pltfs to be submitted by Tuesday 5/22/07; dfts will have 10 days to respond to any Daubert motions (if necessary) that are to be submitted by 6/8/07 along with post-trial memos; any remaining objections to deposition designations including excerpts are to be submitted by end of day on Tuesday 5/22/07. (Court Reporter: Miller) (jam) Corrected dates in bold 5/21/2007. (jmm)
|
|
|
 |
|
|
-- |
Filed: 5/16/2007, Entered: 5/17/2007 |
Set/Reset Deadlines: |
|
Set/Reset Deadlines: Post Trial Briefs/Memorandums due by 6/8/2007; remaining exhibit disputes by dfts due by 5/21/2007, remaining exhibit disputes by pltfs due by 5/23/2007; deposition designation disputes due by 5/23/07. (jam)
|
|
|
 |
|
|
411 |
Filed: 5/15/2007, Entered: 5/15/2007 |
Memorandum in Opposition |
|
MEMORANDUM in OPPOSITION by Alliance of Automobile Manufacturers, Association of International Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC to: [406], [407], [408] Defendants' Requests for Judicial Notice of Certain Documents (Byrne, Matthew) Filers added, text clarified on 5/15/2007. (jmm)
|
|
|
 |
|
|
410 |
Filed: 5/14/2007, Entered: 5/14/2007 |
Notice of Docket Entry Correction (PDF) |
|
NOTICE of DOCKET ENTRY CORRECTION re: [407] REQUEST for Judicial Notice re: Exhibits 1-10. The original image associated with [407] was incorrect and has been removed. The correct image is now attached to [407] and this entry. (jmm)
|
|
|
 |
|
|
409 |
Filed: 5/14/2007, Entered: 5/14/2007 |
~Notice (other) |
|
RULE-MAKING DOCUMENTS by Jeffrey Wennberg, Richard Valentinetti, George Crombie re: exhibits DX2403-2410, DX2415, DX2632-2638, DX2643- DX2650, DX2298, DX2303, DX3012-3014. (law)
|
|
|
 |
|
|
408 |
Filed: 5/14/2007, Entered: 5/14/2007 |
~Notice (other) |
|
REQUEST for Judicial Notice (Foreign Policy Documents) by Jeffrey Wennberg, Richard Valentinetti, George Crombie re: exhibits 2375-2396, 2424, 2430, 3006-3009. (law)
|
|
|
 |
|
|
407 |
Filed: 5/14/2007, Entered: 5/14/2007 |
~Notice (other) |
|
REQUEST for Judicial Notice by Jeffrey Wennberg, Richard Valentinetti, George Crombie re: Exhibits 1-10. (law) Image corrected 5/14/2007. (jmm)
|
|
|
 |
|
|
406 |
Filed: 5/14/2007, Entered: 5/14/2007 |
~Notice (other) |
|
REQUEST for Judicial Notice by Jeffrey Wennberg, Richard Valentinetti, George Crombie re: exhibits 3015, 3016, 3019-3028. (law)
|
|
|
 |
|
|
405 |
Filed: 5/11/2007, Entered: 5/11/2007 |
Notice of Docket Entry Correction |
|
NOTICE of DOCKET ENTRY TEXT CORRECTION re: [402] Notice of Hearing. The Status Conference is scheduled to take place 5/16/2007, not 4/16/2007. (jmm)
|
|
|
 |
|
|
404 |
Filed: 5/11/2007, Entered: 5/11/2007 |
Response |
|
RESPONSE re: [378] Memorandum on EPA Waiver Authority by Alliance of Automobile Manufacturers, Association of International Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C)(Byrne, Matthew) Text clarified, filers added 5/11/2007. (jmm)
|
|
|
 |
|
|
403 |
Filed: 5/11/2007, Entered: 5/11/2007 |
Supplemental Document |
|
PROFFER of Exhibit 1297 by Alliance of Automobile Manufacturers, Association of International Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Plaintiffs' Exhibit 1297)(Byrne, Matthew) (Filers added 5/14/2007.)(jmm) (Text clarified 5/24/2007.)(jmm)
|
|
|
 |
|
|
402 |
Filed: 5/11/2007, Entered: 5/11/2007 |
Notice of Hearing. |
|
NOTICE of Hearing: Status Conference set for 5/16/2007 at 8:15 AM in Burlington Courtroom 542 before Hon. William K. Sessions III. Copy to Non-NEF parties.(jam)
|
|
|
 |
|
|
401 |
Filed: 5/11/2007, Entered: 5/11/2007 |
Response |
|
RESPONSE to Defendants' Proffer of Certain Documents by Alliance of Automobile Manufacturers, Association of International Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Byrne, Matthew) Text clarified, filers added 5/11/2007. (jmm)
|
|
|
 |
|
|
400 |
Filed: 5/9/2007, Entered: 5/9/2007 |
Witness List |
|
OFFICIAL LIST OF WITNESSES called during trial. (jam)
|
|
|
 |
|
|
399 |
Filed: 5/8/2007, Entered: 5/9/2007 |
Bench Trial Completed |
|
MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Court Trial Completed on Day 16. R. Hemley, S. Drake, A. Clubok, R. Ludwiszewski, M. Bryne, D. Bentsen, L. Blocher, S. Cullen, J. Becker, D. Bouffard, C. Haake & S. Bennett present for pltfs; S. Wynn, Y. Chu, S. Kline, K. Leske, E. O'Grady, N. Spiegel, D. Bookbinder & B. Kuster present for dfts. Donald Patterson, sworn by Clerk, was examined for pltfs on rebuttal. No further testimony. Defense informs Court of various additional submissions to be made. Parties given until Friday 5/11/2007 to submit further stipulations or objections to deposition designations; foreign policy documents and administrative documents from both sides. Record remains open until that time. ORDERED: [298] MOTION to Strike "Status Report" Dated March 14, 2007 filed by Burlington Free Press, [268] MOTION to Present Certain Testimony in Camera to Protect Trade Secrets filed by Green Mountain Chrysler-Plymouth-Dodge, [387] MOTION to Quash Subpoena and Objection to Subpoena filed by George Crombie, [249] MOTION to Compel to Determine the Sufficiency of Objections to Plaintiffs' Requests for Admission and Limited Motion for Expedited Briefing filed by Green Mountain Chrysler-Plymouth-Dodge, [171] MOTION to Deconsolidate and for Rule 16 Conference filed by Alliance of Automobile Manufacturers, [392] MOTION to Compel filed by Green Mountain Chrysler-Plymouth-Dodge et al, [395] MOTION to Address the Court filed by Andrea G. Briggs, and [213] MOTION for Sanctions or Other Relief filed by Green Mountain Chrysler-Plymouth-Dodge DENIED AS MOOT. Closing arguments by counsel. Post-trial memoranda remain due on 6/8/2007. The Court recesses at 4:15 p.m. (Court Reporter: Masse/Nichols) (jam)
|
|
|
 |
|
|
398 |
Filed: 5/7/2007, Entered: 5/8/2007 |
Bench Trial - Held |
|
MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Court Trial Day 15 held on 5/7/2007. R. Hemley, M. Byrne, A. Clubok, S. Drake, M. Scoville, R. Ludwiszewski, D. Bouffard & C. Haake present for pltfs; N. Spiegel, D. Bookbinder, K. Leske, S. Kline, E. O'Grady, S. Wynn, Y. Chu, B. Kuster & J. Tripp present for dfts. David Greene, sworn by clerk, examined for dfts. Defense informs Court of further submissions to be turned over at end of trial. Oral motion by dfts to preclude Dr. Patterson's rebuttal testimony. Statements by counsel. Court makes findings; Dr. Patterson and Dr. Ross will be permitted to testify on rebuttal. Thomas Austin, sworn by clerk, examined for pltfs on rebuttal. Court recesses at 3:00 p.m. to resume on Tuesday 5/8/07 at 9:00 a.m. for continuation of trial. (Court Reporter: Nichols) (jam)
|
|
|
 |
|
|
397 |
Filed: 5/4/2007, Entered: 5/7/2007 |
Bench Trial - Held |
|
MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Court Trial Day 14 held on 5/4/2007. R. Hemley, M. Byrne, A. Clubok, S. Drake, M. Scoville, S. Bennett, J. Becker, R. Ludwiszewski, D. Bouffard and C. Haake present for pltfs; K. Leske, S. Kline, B. Krass, B. Kuster, M. Reilly, M. Pawa, J. Tripp and D. Bookbinder present for dfts. The following witnesses, sworn by Clerk, were examined for dfts: Barrett Rock, Peter Berck. John Christy, sworn by Clerk, was examined for plts on rebuttal. Testimony concluded for the day at 2:25 p.m. Schedule discussed; Post Trial Briefs/Memoranda due by 6/8/2007. Court recesses for the day at 3:10 p.m. to continue at 9:00 a.m. on Monday 5/7/07 for continuation of trial.(Court Reporter: Nichols/Masse) (jam)
|
|
|
 |
|
|
396 |
Filed: 5/3/2007, Entered: 5/4/2007 |
Bench Trial - Held |
|
MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Court Trial Day 13 held on 5/3/2007. S. Drake, A. Clubok, R. Hemley, R. Ludwiszewski, S. Cullen, C. Haake, M. Scoville, L. Blocher, D. Bouffard and S. Bennett present for pltfs; Y. Chu, S. Wynn, S. Kline, K. Leske, D. Bookbinder, B. Kuster, J. Tripp, M. Pawa, B. Krass and M. Rielly present for dfts. Discussion held regarding pltfs' rebuttal witness. ORDERED: Dr. Patterson to be made available to dfts for deposition; pltfs to submit to Court by Monday, 5/7/2007 and to dfts by Friday, 5/4/2007 a memorandum outlining Mr. Duleep's testimony that they were not aware of in advance and identify what Dr. Patterson will say in rebuttal. Cross examination of Mr. Duleep held. James Hansen, sworn by Clerk, was examined for dfts. Court recesses at 5:10 p.m. to resume at 8:15 a.m. on Friday 5/4/2007 for continuation of trial. (Court Reporter: Nichols/Masse) (jam)
|
|
|
 |
|
|
395 |
Filed: 5/3/2007, Entered: 5/3/2007, Terminated: 5/8/2007 |
Motion for Miscellaneous Relief |
|
REQUEST to Address the Court by Andrea G. Briggs.(law)
|
|
|
 |
|
|
394 |
Filed: 5/2/2007, Entered: 5/3/2007 |
Bench Trial - Held |
|
MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Court Trial Day 12 held on 5/2/2007. R. Hemley, A. Clubok, M. Byrne, S. Drake, J. Becker, R. Ludwiszewski, D. Bouffard and C. Haake present for pltfs; S. Kline, K. Leske, B. Kuster, S. Wynn, Y. Chu and J. Tripp present for dfts. The following witnesses, sworn by Clerk, examined for dfts: Daniel Sperling and K.G. Duleep. Discussion held regarding recent notes of Mr. Duleep; pltfs request exclusion of testimony accordingly or that they be permitted to conduct another deposition on this subject only. ORDERED: continue on with direct examination of Mr. Duleep; Mr. Duleep to be made available for a limited deposition within half an hour of close of testimony on this date; cross examination to begin on Thursday 5/3/2007. Court recesses for the day at 4:10 p.m. to resume with trial at 8:15 a.m. on Thursday, 5/3/2007. (Court Reporter: Nichols/Masse) (jam)
|
|
|
 |
|
|
393 |
Filed: 5/1/2007, Entered: 5/2/2007 |
Bench Trial - Held |
|
MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Court Trial Day 11 held on 5/1/2007. A. Clubok, R. Hemley, S. Drake, C. Haake, S. Bennett, J. Behm & R. Ludwiszewski present for pltfs; S. Kline, K. Leske, E. O'Grady, S. Wynn & J. Tripp present for dfts. Parties inform Court of resolution of some outstanding issues. Defense case begins. The following witnesses, sworn by clerk, were examined for dfts: Thomas Moye and Michael Jackson. Court recesses for the day at 4:50 p.m. to resume on Wednesday 5/2/07 at 8:15 a.m. for continuation of trial. (Court Reporter: Masse/Nichols) (jam)
|
|
|
 |
|
|
392 |
Filed: 4/30/2007, Entered: 5/1/2007 |
Motion to Compel |
|
MOTION to Compel by Plaintiffs. (Attachments: # (1) Declaration of Robert F. O'Neill) (PREVIOUS ENTRY SAME IMAGE)(law)
|
|
|
 |
|
|
391 |
Filed: 4/30/2007, Entered: 5/1/2007 |
Response in Opposition to Motion |
|
OPPOSITION to [387] MOTION to Quash Rule 45 Subpoena filed by Plaintiffs. (Attachments: # (1) Declaration of Robert F. O'Neill) (NEXT ENTRY SAME IMAGE)(law)
|
|
|
 |
|
|
390 |
Filed: 4/30/2007, Entered: 5/1/2007 |
Supplemental Document |
|
MEMORANDUM Regarding the Admissibility of Emails From Employees of the California Air Resources Board by Plaintiffs. (law)
|
|
|
 |
|
|
389 |
Filed: 4/30/2007, Entered: 5/1/2007 |
Bench Trial - Held |
|
MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Court Trial Day 10 held on 4/30/2007. A. Clubok, S. Drake, R. Hemley, R. Ludwiszewski, D. Bouffard, C. Haake, M. Scoville & J. Becker present for pltfs; S. Wynn, S. Kline, K. Leske, D. Bookbinder, S. Hinchman & Y. Chu present for dfts. Statements re: outstanding issues. Issues to be further addressed at end of the day. Kenneth Patton, sworn by Clerk, was examined for pltfs. Various exhibits and depositions moved into evidence; admission reserved; pltfs' case remains open pending ruling on admission. Outstanding issues re-addressed. ORDERED: the discovery deadline is extended until Friday, 5/4/2007 for the limited purpose of allowing a foundation deposition regarding the admission of emails from the California Air Resources Board. Discovery due by 5/4/2007. Court recesses at 4:30 p.m. to resume on Tuesday, 5/1/2007 at 8:15 a.m. for continuation of trial. (Court Reporter: Masse/Nichols) (jam) Text added 5/1/2007. (jmm)
|
|
|
 |
|
|
388 |
Filed: 4/30/2007, Entered: 4/30/2007 |
Discovery Certificate - Notice of Deposition |
|
DISCOVERY CERTIFICATE - Notice of Deposition of California Air Resources Board Custodian of Records by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC.(Bentsen, Derek)
|
|
|
 |
|
|
387 |
Filed: 4/29/2007, Entered: 4/29/2007, Terminated: 5/8/2007 |
Motion to Quash |
|
MOTION to Quash Subpoena and OBJECTION to Subpoena as to Vermont Department of Environmental Conservation by George Crombie, Richard Valentinetti, Jeffrey Wennberg. (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3# (4) Certificate of Service)(Leske, Kevin) Text clarified, filers added 4/30/2007. (jmm)
|
|
|
 |
|
|
386 |
Filed: 4/27/2007, Entered: 4/27/2007 |
Discovery Certificate - Notice of Deposition |
|
DISCOVERY CERTIFICATE - Notice of Deposition of Thomas Austin by Environmental Defense, Natural Resources Defense Council, Sierra Club.(Krass, Benjamin)
|
|
|
 |
|
|
385 |
Filed: 4/27/2007, Entered: 4/27/2007 |
Discovery Certificate - Notice of Deposition |
|
DISCOVERY CERTIFICATE - Notice of Deposition of John Christy by Environmental Defense, Natural Resources Defense Council, Sierra Club.(Krass, Benjamin)
|
|
|
 |
|
|
384 |
Filed: 4/25/2007, Entered: 4/26/2007 |
Bench Trial - Held |
|
MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Court Trial Day 9 held on 4/25/2007. R. Hemley, S. Drake, A. Clubok, M. Scoville, C. Haake, S. Bennett, J. Behm, M. Byrne & J. Becker present for pltfs; N. Spiegel, S. Kline, K. Leske, S. Hinchman, E. O'Grady, J. Tripp, M. Pawa & S. Wynn present for dfts. Examination of Dr. Marais continues. Kevin McMahon, sworn by clerk, examined for pltfs. Testimony ends for the day at 3:35 p.m. Issue regarding substitution of pltfs' expert discussed. Court makes findings. ORDERED: substitution of Dr. Christy for Mr. Michaels allowed. Court recesses at 4:30 p.m. to resume on Monday, 4/30/2007 at 8:15 a.m. for the continuation of trial. (Court Reporter: Nichols/Masse) (jam)
|
|
|
 |
|
|
383 |
Filed: 4/25/2007, Entered: 4/25/2007 |
Order on Motion in Limine |
|
ORDER denying as moot [369] Motion in Limine to Preclude the Testimony of Patrick J. Michaels in Plaintiffs' Case in Chief and Memorandum in Support. Signed by Judge William K. Sessions III on 04/25/07. (This is a text only Order.) (eae)
|
|
|
 |
|
|
382 |
Filed: 4/25/2007, Entered: 4/25/2007 |
Notice of Docket Entry Correction |
|
NOTICE of DOCKET ENTRY CORRECTION re: [381] Response in Opposition. [381] was originally linked (erroneously) to [369] Motion in Limine. It is now linked (correctly) to [376] Trial Memorandum re: Substitution of Experts. (jmm)
|
|
|
 |
|
|
381 |
Filed: 4/25/2007, Entered: 4/25/2007 |
Response in Opposition to Motion |
|
MEMORANDUM in Opposition to [376] Trial Memorandum re: Substitution of Experts filed by George Crombie, Richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group, Denise M. Sheehan, State of New York. (Attachments: # (1) Affidavit Declaration of Matthew F. Pawa in Support# (2) Exhibit A# (3) Exhibit B# (4) Exhibit C# (5) Exhibit D# (6) Exhibit E# (7) Exhibit F# (8) Exhibit G# (9) Exhibit H)(Krass, Benjamin) Link corrected, filers added 4/25/2007. (jmm)
|
|
|
 |
|
|
380 |
Filed: 4/24/2007, Entered: 4/25/2007 |
Bench Trial - Held |
|
MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Court Trial Day 8 held on 4/24/2007. S. Drake, A. Clubok, R. Hemley, S. Cullen, C. Haake, S. Bennett, J. Becker & J. Behm present for pltfs; S. Wynn, Y. Chu, D. Bookbinder, S. Hinchman, K. Leske, S. Kine, J. Tripp & N. Spiegel present for dfts. Re-direct examination of Mr. Austin continues. The following witnesses, sworn by clerk, examined for pltfs: Robert Shelton & Laurentius Marais. Court recesses at 4:15 p.m. to resume at 8:15 a.m. on Wednesday 4/25/07 for continuation of trial. (Court Reporter: Masse/Nichols) (jam)
|
|
|
 |
|
|
379 |
Filed: 4/23/2007, Entered: 4/24/2007 |
Bench Trial - Held |
|
MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Court Trial Day 7 held on 4/23/2007. A. Clubok, S. Drake, R. Hemley, C. Haake, S. Cullen, M. Scoville, D. Bouffard & M. Byrne present for pltfs; S. Wynn, Y. Chu, D. Bookbinder, S. Kline, K. Leske, S. Kline, S. Hinchmann & J. Tripp present for dfts. Examination of Thomas Austin continues. Court recesses for the day at 4:29 p.m. to return at 8:15 a.m. on Tuesday 4/24/2007 for continuation of the trial. (Court Reporter: Nichols/Masse) (jam)
|
|
|
 |
|
|
378 |
Filed: 4/23/2007, Entered: 4/23/2007 |
Supplemental Document |
|
MEMORANDUM on EPA Waiver Authority by George Crombie, Richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group, Denise M. Sheehan, State of New York. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Certificate of Service)(Leske, Kevin) Filers added 4/24/2007. (jmm)
|
|
|
 |
|
|
377 |
Filed: 4/20/2007, Entered: 4/23/2007 |
Bench Trial - Held |
|
MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Court Trial Day 6 held on 4/20/2007. R. Hemley, M. Byrne, A. Clubok, S. Drake, C. Haake, M. Bryne, J. Becker, D. Bentsen & M. Scoville present for pltfs; D. Bookbinder, S. Wynn, J. Tripp, S. Kline, K. Leske, Y. Chu & M. Hoffer present for dfts. The following witnesses, sworn by Clerk, were examined for pltfs: Ronald Harbour and Thomas Austin. Court adjourns at 4:00 p.m. to resume at 8:15 a.m. on Monday 4/23/2007 for continuation of the trial. (Court Reporter: Masse/Nichols) (jam)
|
|
|
 |
|
|
376 |
Filed: 4/19/2007, Entered: 4/20/2007 |
Trial Brief/Memorandum |
|
TRIAL MEMORANDUM re: Substitution of Experts by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Association of International Automobile Manufacturers, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Attachment)(law) (Filed date corrected from 4/20/2007 to 4/19/2007)(jmm)
|
|
|
 |
|
|
375 |
Filed: 4/19/2007, Entered: 4/20/2007 |
Bench Trial - Held |
|
MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Court Trial Day 5 held on 4/19/2007. R. Ludwiszewski, C. Haake, A. Clubok, S. Drake, J. Becker, M. Byrne, R. Hemley & D. Bouffard present for pltfs; J. Tripp, S. Kline, D. Bookbinder, K. Leske, Y. Chu & S. Wynn present for dfts. The following witnesses, sworn by clerk, examined for pltfs: Harold Haskew & D. Harrison. Evidence concluded for the day at 2:35 p.m. Scheduling discussed. Statements re: new expert witness to be called by pltfs; response to this motion to be filed by 4/25/07. Court recesses at 3:05 p.m. to resume at 8:15 a.m. on Friday 4/20/07. (Court Reporter: Masse/Nichols) (jam, )
|
|
|
 |
|
|
374 |
Filed: 4/13/2007, Entered: 4/17/2007 |
Bench Trial - Held |
|
MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Court Trial Day 4 held on 4/13/2007. A. Clubok, R. Hemley, M. Byrne, L. Blocher, S. Drake, M. Scoville, J. Becker, R. Ludwiszewski, D. Bouffard & C. Haake present for pltfs; B. Kuster, K. Leske, S. Kline, D. Bookbinder, J. Tripp, N. Spiegel, Y. Chu & S. Wynn present for dfts. Cross examination of Reginald Modlin continues. The following witnesses, sworn by clerk, were examined for pltfs: Robert Lee and Van Jolissaint. Court adjourns at 5:25 p.m. Trial will resume on Thursday 4/19/07 at 8:15 a.m. (Court Reporter: Masse/Nichols) (jam)
|
|
|
 |
|
|
373 |
Filed: 4/12/2007, Entered: 4/13/2007 |
Bench Trial - Held |
|
MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Court Trial Day 3 held on 4/12/2007. R. Hemley, M. Byrne, A. Clubok, L. Bocher, S. Drake, M. Scoville, J. Becker, R. Ludwiszewski, D. Bouffard & C. Haake present for pltfs; B. Kuster, S. Hinchman, Y. Chu, S. Kline, K. Leske, J. Tripp, N. Spiegel, S. Wynn & D. Bookbinder present for dfts. Direct examination of Reginald Modlin continues. Cross examination interrupted. Ronald Carpenter, sworn by Clerk, examined for pltfs out of order. Chambers conference held regarding scheduling. In open Court, cross examination of Mr. Modlin continues. Trial recesses to allow parties an opportunity to discuss HCI documents. Trial to resume at 8:15 a.m. on Friday, 4/13/07. (Court Reporter: Nichols/Masse) (jam)
|
|
|
 |
|
|
372 |
Filed: 4/11/2007, Entered: 4/12/2007 |
Bench Trial - Held |
|
MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Court Trial Day 2 held on 4/11/2007. R. Hemley, A. Clubok, M. Byrne, L. Blocher, S. Drake, M. Scoville, J. Becker, R. Ludwiszewski, D. Bouffard & C. Haake present for pltfs; B. Kuster, S. Wynn, B. Krass, D. Bookbinder, J. Tripp, M. Hoffer, E. O'Grady, N. Spiegel, S. Hinchman & Y. Chu present for dfts. Examination of Mr. Weverstad continues. Joseph J. Tornabene, Jr., sworn by Clerk, examined for pltfs by Mr. Byrne out of order. Chambers conference held regarding HCI documents. In open court, the Court clarifies procedures for bench conferences and chambers conferences - if HCI documents are addressed, these conferences will be sealed. Cross examination of Mr. Weverstad held. Reginald Modlin, sworn by Clerk, examined for pltfs. Court adjourns at 3:05 p.m. to resume with Court Trial on Thursday 4/12/07 at 8:15 a.m. (Court Reporter: Nichols/Masse) (jam)
|
|
|
 |
|
|
371 |
Filed: 4/10/2007, Entered: 4/11/2007 |
Bench Trial - Begun |
|
MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Court Trial Day 1 held on 4/10/2007. A. Clubok, R. Hemley, S. Drake, R. Ludwiszewski, M. Byrne, M. Scoville, J. Becker & C. Haake present for pltfs; S. Kline, M. Pawa, B. Krass, D. Bookbinder, K. Leske, Y. Chu, B. Kuster, M. Hoffer, E. O'Grady, N. Spiegel, S. Wynn present for dfts; R. Cain present for BFP. Opening statements by counsel. Video deposition of Charles Shulok played. Alan Weverstad, sworn by clerk, examined for pltfs. At 5:15 p.m. Court adjourns. Trial to resume at 8:15 a.m. on Wed. 4/11/07. (Court Reporter: Nichols/Masse) (jam)
|
|
|
 |
|
|
369 |
Filed: 4/8/2007, Entered: 4/8/2007, Terminated: 4/25/2007 |
Motion in Limine |
|
MOTION in Limine to Preclude the Testimony of Patrick J. Michaels in Plaintiffs' Case in Chief and Memorandum in Support by George Crombie, Richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group, Denise M. Sheehan, State of New York. (Attachments: # (1) Exhibit A# (2) Exhibit B)(Krass, Benjamin) Filers added 4/9/2007. (jmm)
|
|
|
 |
|
|
370 |
Filed: 4/6/2007, Entered: 4/9/2007 |
Status Conference |
|
MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Status Conference held on 4/6/2007 beginning in chambers. R. Hemley, A. Clubok, C. Haake present for pltfs; S. Kline, B. Kuster, M. Pawa, S. Wynn present for dfts. Ptys inform the Court of progress made regarding HCI documents. Proposed guidelines to be followed distributed by Court and discussed. Hearing held in open Court at 1:30 p.m. R. Cain, N. Burkhouse present for Burlington Free Press along with counsel previously mentioned. Court gives overview of process to be followed during trial regarding HCI documents. Statements by Mr. Cain. Written Order will be filed accordingly. (Court Reporter: Nichols) (jam)
|
|
|
 |
|
|
368 |
Filed: 4/6/2007, Entered: 4/6/2007 |
Trial Brief/Memorandum |
|
TRIAL BRIEF/MEMORANDUM by George Crombie, Richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group, Denise M. Sheehan, State of New York. (Attachments: # (1) Certificate of Service)(Leske, Kevin) Text clarified, filers added 4/9/2007. (jmm)
|
|
|
 |
|
|
367 |
Filed: 4/6/2007, Entered: 4/6/2007 |
Trial Brief/Memorandum |
|
TRIAL BRIEF/MEMORANDUM by The Association of International Automobile Manufacturers. (Attachments: # (1) Certificate of Service)(Bouffard, Debra)
|
|
|
 |
|
|
366 |
Filed: 4/6/2007, Entered: 4/6/2007 |
Trial Brief/Memorandum |
|
EXHIBITS to [364] Trial Brief/Memorandum by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Exhibit 2# (2) Exhibit 3# (3) Exhibit 4# (4) Exhibit 5# (5) Exhibit 6# (6) Exhibit 7# (7) Exhibit 8# (8) Exhibit 9# (9) Exhibit 10# (10) Exhibit 11# (11) Exhibit 12# (12) Exhibit 13# (13) Exhibit 14# (14) Exhibit 15# (15) Exhibit 16# (16) Exhibit 17# (17) Exhibit 18# (18) Exhibit 19# (19) Exhibit 20# (20) Exhibit 21)(Blocher, Lucas)
|
|
|
 |
|
|
365 |
Filed: 4/6/2007, Entered: 4/6/2007 |
Order |
|
ORDER SETTING GUIDELINES for the resolution of the conflict between the need to protect legitimate trade secrets and the First Amendment right to public access to the materials that form the basis of an adjudication. Signed by Judge William K. Sessions III on 4/6/2007. Copies to Non-NEF parties.(jam)
|
|
|
 |
|
|
364 |
Filed: 4/6/2007, Entered: 4/6/2007 |
Trial Brief/Memorandum |
|
TRIAL BRIEF/MEMORANDUM by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Appendix A# (2) Appendix B# (3) Appendix C# (4) Appendix D# (5) Appendix E# (6) Certificate of Service)(Blocher, Lucas)
|
|
|
 |
|
|
363 |
Filed: 4/5/2007, Entered: 4/5/2007 |
Notice of Appearance |
|
NOTICE OF APPEARANCE of Norman Spiegel on behalf of State of New York and Denise M. Sheehan. (Chu, Yueh-ru) Text modified on 4/6/2007. (jse)
|
|
|
 |
|
|
362 |
Filed: 4/5/2007, Entered: 4/5/2007 |
Notice of Hearing. |
|
NOTICE of Hearing: Bench Trial set for 08:15 AM on 4/10/07 - 4/13/07; 4/19/07 - 4/20/07; 4/23/07 - 4/25/07; 4/30/07 - 5/4/07 in Burlington Courtroom 542 before Hon. William K. Sessions III. Copies to Non-NEF parties.(jam)
|
|
|
 |
|
|
361 |
Filed: 4/5/2007, Entered: 4/5/2007 |
Notice of Hearing. |
|
NOTICE of Hearing: Chambers Conference to determine trade secret status of trial exhibits for which pltfs seek protection from disclosure. The Burlington Free Press will thereafter have an opportunity to review any remaining redacted documents followed by a hearing regarding document sealing and/or courtroom closure set for 4/6/2007 at 9:30 AM before Hon. William K. Sessions III. Copies to Non-NEF parties.(jam)
|
|
|
 |
|
|
360 |
Filed: 4/4/2007, Entered: 4/5/2007 |
Status Conference |
|
MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Hearing held on 4/4/2007 to discuss the U.S. Supreme Court decision in Mass. v. EPA to be followed by a hearing regarding dfts' expert K.G. Duleep's testimony. A. Clubok, R. Hemley, M. Byrne, S. Drake, R. Ludwiszewski, D. Bouffard present for pltfs; K. Leske, S. Kline, D. Bookbinder, S. Hinchman, M. Pawa, Y. Chu present for dfts; B. Kuster, S. Wynn, C. Haake present for dfts via telephone; R. Cain, N. Burkhouse present for Burlington Free Press. Court reviews status of this case and requests opinions of counsel in regards to Mass. v. EPA. Statements by Counsel. Court makes findings; issues are still pending in this case that were not resolved by Supreme Court's decision in Mass. v. EPA. ORDERED: this case to go forward with trial on 4/10/07; trial briefs now due by 4/6/2007. Statements by counsel regarding Duleep's testimony. Further depositions of each side's experts will be allowed if experts offer additional opinions or consider additional information; if bases for opinions are not disclosed, testimony concerning bases will not be allowed. Chambers conference to determine trade secret status of trial exhibits for which plaintiffs seek protection from disclosure will be held Friday, 4/6/07; Burlington Free Press will thereafter have opportunity to review any remaining redacted documents, and to present argument along with the other parties at a hearing re: document sealing and/or courtroom closure. (Court Reporter: Nichols) (jam)
|
|
|
 |
|
|
359 |
Filed: 4/4/2007, Entered: 4/4/2007 |
Notice of Attorney Substitution |
|
NOTICE of Appearance and Substitution of Counsel by Simon D. Wynn for State of New York and Denise M. Sheehan. (law)
|
|
|
 |
|
|
358 |
Filed: 4/3/2007, Entered: 4/3/2007 |
Supplemental Document |
|
BRIEF on the Impact of Mass. v. EPA by George Crombie, Richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group, Denise M. Sheehan, State of New York. (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3# (4) Certificate of Service)(Leske, Kevin) Text clarified, filers added 4/4/2007. (jmm)
|
|
|
 |
|
|
357 |
Filed: 4/3/2007, Entered: 4/3/2007 |
Response |
|
MEMORANDUM re: Mass. v. EPA by Alliance of Automobile Manufacturers, Association of International Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Certificate of Service)(Behm, R.) Text clarified, filers added 4/4/2007. (jmm)
|
|
|
 |
|
|
356 |
Filed: 4/3/2007, Entered: 4/3/2007, Terminated: 4/6/2007 |
Motion to Compel |
|
STATUS REPORT and REQUEST for Further Relief with Respect to [213] MOTION for Sanctions or Other Relief (Rule 26 Compliance by Defendant's Retained Expert Witness (Mr. K.G. Duleep)) by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Exhibit A# (2) Certificate of Service)(Cullen, Scott) Text clarified 4/4/2007. Link corrected 4/9/2007. (jmm)
|
|
|
 |
|
|
355 |
Filed: 4/3/2007, Entered: 4/3/2007 |
Response |
|
MEMORANDUM re: Mass. v EPA by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Certificate of Service)(Bentsen, Derek)
|
|
|
 |
|
|
354 |
Filed: 4/3/2007, Entered: 4/3/2007 |
Notice of Hearing. |
|
REVISED NOTICE of Hearing (subject matter change only): Hearing to Discuss the U.S. Supreme Court Decision in Mass. v EPA to be followed by a Hearing regarding dfts' Expert K.G. Duleep's Testimony is set for 4/4/2007 at 9:30 AM in Burlington Courtroom 542 before Hon. William K. Sessions III. Copies to Non-NEF parties.(jam)
|
|
|
 |
|
|
353 |
Filed: 4/2/2007, Entered: 4/2/2007 |
Notice of Hearing. |
|
NOTICE of Hearing: Hearing to Discuss the Supreme Court Decision in MA v EPA is set for 4/4/2007 09:30 AM in Burlington Courtroom 542 before Hon. William K. Sessions III replacing the Hearing Regarding Mr. Duleep's testimony. Copies to Non-NEF parties.(jam)
|
|
|
 |
|
|
352 |
Filed: 3/30/2007, Entered: 4/2/2007 |
Status Conference |
|
MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Chambers Conference to Review Confidential Documents held on 3/30/2007. A. Clubok & C. Haake present for pltfs; S. Kline, B. Kuster & S. Wynn present for dfts. Different processes discussed and suggestions made. Scheduling discussed. ORDERED: trial will begin Tuesday, April 10, 2007 as opposed to Monday, April 9, 2007; both sides are to exchange their list of exhibits, witnesses and direct examinations on Monday, April 2, 2007 for review by other side and attempt to come up with an agreement; both sides to exchange their cross examinations on Wednesday, April 4, 2007 for review by other side and attempt to come up with an agreement; hearing re: Duleep's testimony remains scheduled for Wednesday, April 4, 2007; if further disputes remain regarding confidential documents and/or testimony, a hearing will be held on Friday, April 6, 2007 at 1:30 p.m.; parties to meet for 2 hours following this chamber conference to start the process of going through documents. Trial Brief/Memorandum due by 4/5/2007.(Court Reporter: Nichols) (jam)
|
|
|
 |
|
|
| Save 25% on a pre-paid one year subscription. |
|
|
351 |
Filed: 3/30/2007, Entered: 3/30/2007 |
Notice of Docket Entry Correction |
|
NOTICE of DOCKET ENTRY CORRECTIONS re: [349] and [350]. These entries consisted of correspondence from counsel to the Clerk of Court (filed erroneously). Images and docket text have been removed. Please disregard entries [349] and [350]. (jmm)
|
|
|
 |
|
|
350 |
Filed: 3/29/2007, Entered: 3/29/2007 |
~Notice (other) |
|
LETTER - Image and docket text removed 3/30/2007 (correspondence from counsel to Clerk of Court, filed erroneously). (jmm)
|
|
|
 |
|
|
349 |
Filed: 3/29/2007, Entered: 3/29/2007 |
~Notice (other) |
|
LETTER - Image and docket text removed 3/30/2007 (correspondence from counsel to Clerk of Court, filed erroneously). (jmm)
|
|
|
 |
|
|
348 |
Filed: 3/29/2007, Entered: 3/29/2007 |
Notice of Docket Entry Correction |
|
NOTICE of DOCKET ENTRY CORRECTION re: [346] Letter filed by Burlington Free Press. [346] consisted of correspondence from counsel to Chambers (filed erroneously). The image and docket text have been removed. Please disregard [346]. (jmm)
|
|
|
 |
|
|
347 |
Filed: 3/29/2007, Entered: 3/29/2007 |
Notice of Attorney Substitution |
|
NOTICE of Appearance and Attorney Substitution by Simon D. Wynn for State of New York and Denise M. Sheehan. (Wynn, Simon) Text clarified 3/29/2007. (jmm)
|
|
|
 |
|
|
346 |
Filed: 3/28/2007, Entered: 3/28/2007 |
~Notice (other) |
|
LETTER re: Timing - Image and docket text removed 3/29/2007 (correspondence to Chambers, filed in error). (jmm)
|
|
|
 |
|
|
345 |
Filed: 3/28/2007, Entered: 3/28/2007 |
Notice of Docket Entry Correction |
|
NOTICE of DOCKET ENTRY CORRECTIONS re: [341] and [344]. These entries consisted of correspondence from counsel to Chambers (filed erroneously). Images and docket text have been removed. Please disregard entries [341] and [344]. (jmm)
|
|
|
 |
|
|
344 |
Filed: 3/28/2007, Entered: 3/28/2007 |
~Notice (other) |
|
NOTICE re: Designations - Image and docket text removed 3/28/2007 (correspondence to Chambers, filed in error). (jmm)
|
|
|
 |
|
|
343 |
Filed: 3/28/2007, Entered: 3/28/2007 |
Motion Hearing |
|
MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Motion Hearing held on 3/28/2007 re Motions in Limine. A. Clubok, R. Hemley, C. Haake, M. Scoville, J. Whatley, M. Byrne, D. Bouffard & J. Becker present for pltfs; M. Pawa, N. Spiegel, S. Kline, K. Leske, Y. Chu & M. Rielly present for dfts. Scheduling and hours of trial discussed. Bench trial to begin 4/9/2007 and continue for the following days: 4/10/2007 through 4/13/2007, 4/19/2007, 4/20/2007 and 4/23/2007 through 4/25/2007. If more time is needed, trial will continue into the week of 4/30/2007; each side allowed 35 hours a piece to complete their case; this limit includes rebuttal; ptys to confirm with Court by end of day tomorrow (3/29/2007) as to time limit and preferable hours trial will be held each day. Both sides have submitted their confidential exhibits; however, each side shall submit a summary of these exhibits and any related deposition testimony outlining why each exhibit and/or testimony is needed and why they should be sealed from the public; summaries to be submitted by end of day tomorrow (3/29/2007); Chambers Conference to review this confidential information will be held on Friday 3/30/2007 at 9:00 a.m. and will continue into the following week if necessary. Statements by counsel re: pending motions in limine. ORDERED: [270] MOTION in Limine [Exclude Marais Testimony] is DENIED, [271] MOTION in Limine [Exclude Austin Testimony] is WITHDRAWN, [273] MOTION in Limine [Exclude Shelton Testimony] is DENIED, [274] MOTION in Limine [Exclude Testimony re: Safety] is DENIED, [275] MOTION in Limine [Exclude Hansen Testimony] is DENIED, [277] MOTION in Limine [Exclude Rock Testimony] is DENIED, 278 MOTION in Limine [Exclude Keller Testimony] is DENIED, [283] MOTION in Limine [Exclude Evidence re: CA NY Admin] is RESERVED. Hearing re: Duleep's testimony set for 4/4/2007 at 9:30 AM in Burlington Courtroom 542 before Hon. William K. Sessions III; Pretrial Memos due by 4/4/2007.(Court Reporter: Nichols) (jam) Text clarified 3/28/2007. (jmm)
|
|
|
 |
|
|
342 |
Filed: 3/27/2007, Entered: 3/27/2007 |
Affidavit in Opposition to Motion |
|
OPPOSITION to [325] REQUEST for Further Relief with Respect to MOTION to Compel Rule 26 Compliance by Defendants' Retained Expert Witness (Mr. K.G. Duleep) filed by George Crombie, Richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group, Denise M. Sheehan, State of New York. (Chu, Yueh-ru) Text clarified, filers added, original image split into Main doc and Exh A attachments on 3/28/2007. (jmm) Attachments:# (1) Main document# (2) Exhibit A
|
|
|
 |
|
|
341 |
Filed: 3/27/2007, Entered: 3/27/2007 |
~Notice (other) |
|
NOTICE re: Testimony in Camera - Image and docket text removed 3/28/2007 (correspondence to Chambers, filed in error). (jmm)
|
|
|
 |
|
|
340 |
Filed: 3/27/2007, Entered: 3/27/2007 |
Declaration |
|
DECLARATION of Kenneth J. Patton re: [325] STATUS REPORT and REQUEST for Further Relief with Respect to MOTION to Compel Rule 26 Compliance by Defendants' Retained Expert Witness (Mr. K.G. Duleep) by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Cullen, Scott) Text clarified 3/28/2007. (jmm)
|
|
|
 |
|
|
339 |
Filed: 3/27/2007, Entered: 3/27/2007 |
Response in Opposition to Motion |
|
RESPONSE in Opposition re [249] MOTION to Compel to Determine the Sufficiency of Objections to Plaintiffs' Requests for Admission and Limited Motion for Expedited Briefing filed by George Crombie, Richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group, Denise M. Sheehan, State of New York. (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3# (4) Exhibit 4# (5) Exhibit 5# (6) Exhibit 7# (7) Exhibit 6# (8) Certificate of Service)(Leske, Kevin) Filers added 3/27/2007. (jmm) NOTE: Images for Exhibits 6 and 7 have been reversed (corrected). (jmm)
|
|
|
 |
|
|
338 |
Filed: 3/27/2007, Entered: 3/27/2007 |
Supplemental Document |
|
WITHDRAWAL OF DOCUMENT re: [272] MOTION in Limine to Exclude Testimony of Employee Experts Weverstad and Patton by George Crombie, Richard Valentinetti, Jeffrey Wennberg. (Leske, Kevin) Text clarified, filers added 3/27/2007. (jmm)
|
|
|
 |
|
|
337 |
Filed: 3/26/2007, Entered: 3/27/2007 |
Status Conference |
|
MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Status Conference Regarding the Use of Confidential Business Information and Trade Secret Information at Trial held on 3/26/2007. R. Hemley, M. Byrne, A. Clubok, J. Behm, R. Ludwiszewski & C. Haake present for pltfs; K. Leske, S. Kline, B. Kuster, D. Bookbinder, N. Spiegal & R. Cain present for dfts. Statements by counsel. ORDERED: parties to get together and exchange examinations of witnesses and exhibits to be used and then parcel out what information is confidential and should be sealed; parties to designate a couple of attys from each side to meet with Court in chambers on Friday, 3/30/07 to review this information and a decision regarding sealing of information will be made on a document by document basis at which point the Court will summarize findings and rulings in open court for the benefit of the public; separate motion hearing remains scheduled for Wednesday, 3/28/07 at 9:30 a.m. (Court Reporter: Nichols) (jam)
|
|
|
 |
|
|
336 |
Filed: 3/26/2007, Entered: 3/26/2007 |
Notice of Docket Entry Correction |
|
NOTICE of DOCKET ENTRY MODIFICATION re: [332] Response in Opposition to [275] Motion in Limine to Exclude Testimony of James E. Hansen, Ph.D. Exhibits E, G, H, and BB have been attached UNDER SEAL to [332] (pursuant to [335] Order granting [333] Stipulated Motion to Seal). (jmm)
|
|
|
 |
|
|
335 |
Filed: 3/26/2007, Entered: 3/26/2007 |
Order on Motion to Seal |
|
ORDER granting [333] Stipulated Motion to Seal Exhibits E, G, H and BB to Declaration of Benjamin A. Krass in Support of Defendants' Opposition to Plaintiffs' Motion to Exclude Testimony of James Hansen, Ph.D. Signed by Judge William K. Sessions III on 03/26/07. (This is a text only Order.) (eae)
|
|
|
 |
|
|
334 |
Filed: 3/26/2007, Entered: 3/26/2007 |
Notice of Hearing on Motion |
|
NOTICE of Hearing re Motions in Limine: [270] MOTION in Limine to Exclude Marais Testimony, [271] MOTION in Limine to Exclude Austin Testimony, [272] MOTION in Limine to Exclude Weverstad and Patton Testimony, [273] MOTION in Limine to Exclude Shelton Testimony, [274] MOTION in Limine to Exclude Testimony re Alleged Safety Impacts, [275] MOTION in Limine to Exclude Hansen Testimony, [277] MOTION in Limine to Exclude Rock Testimony, [278] MOTION in Limine to Exclude Keller Testimony, [283] MOTION in Limine to Exclude Evidence re State Administrative Rulemaking Process of CA and NY. Hearing set for 3/28/2007 at 9:30 AM in Burlington Courtroom 542 before Hon. William K. Sessions III. Copies to Non-NEF parties.(jam) Text clarified 3/26/2007. (jmm)
|
|
|
 |
|
|
333 |
Filed: 3/23/2007, Entered: 3/23/2007, Terminated: 3/26/2007 |
Motion to Seal |
|
STIPULATED MOTION to Seal Exhibits E, G, H and BB to Declaration of Benjamin A. Krass in Support of Defendants' Opposition to Plaintiffs' Motion to Exclude Testimony of James Hansen, Ph.D. by Environmental Defense, Natural Resources Defense Council, Sierra Club.(Krass, Benjamin)
|
|
|
 |
|
|
332 |
Filed: 3/23/2007, Entered: 3/23/2007, Terminated: 3/26/2007 |
Response in Opposition to Motion |
|
RESPONSE in Opposition re [275] MOTION in Limine to exclude Testimony of James E. Hansen, Ph.D. filed by Environmental Defense, Natural Resources Defense Council, Sierra Club. (Attachments: # (1) Affidavit In Support of Opposition# (2) Exhibit A# (3) Exhibit B# (4) Exhibit C# (5) Exhibit D# (6) Exhibit F# (7) Exhibit I# (8) Exhibit J# (9) Exhibit K# (10) Exhibit L# (11) Exhibit M# (12) Exhibit N# (13) Exhibit O# (14) Exhibit P# (15) Exhibit Q# (16) Exhibit R# (17) Exhibit S# (18) Exhibit T# (19) Exhibit U# (20) Exhibit V# (21) Exhibit W# (22) Exhibit X# (23) Exhibit Y# (24) Exhibit Z# (25) Exhibit AA)(Krass, Benjamin) Exhibits E, G, H, BB attached UNDER SEAL on 3/26/2007 pursuant to [335] Order. (jmm)
|
|
|
 |
|
|
331 |
Filed: 3/23/2007, Entered: 3/23/2007 |
Response in Opposition to Motion |
|
RESPONSE in Opposition re [277] MOTION in Limine to Exclude the Testimony of Barrett N. Rock, Ph.D. filed by Environmental Defense, Natural Resources Defense Council, Sierra Club. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E# (6) Exhibit F# (7) Exhibit G)(Krass, Benjamin)
|
|
|
 |
|
|
330 |
Filed: 3/23/2007, Entered: 3/23/2007 |
Response in Opposition to Motion |
|
RESPONSE in Opposition re [278] MOTION in Limine to Exclude the Testimony of Maryann N. Keller filed by Environmental Defense, Natural Resources Defense Council, Sierra Club. (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3#)(Krass, Benjamin) Text clarified 3/26/2007. (jmm)
|
|
|
 |
|
|
329 |
Filed: 3/23/2007, Entered: 3/23/2007 |
Notice of Hearing. |
|
NOTICE of Hearing: Status Conference set for 3/26/2007 at 1:30 PM in Burlington Courtroom 542 before Hon. William K. Sessions III. (law)
|
|
|
 |
|
|
328 |
Filed: 3/23/2007, Entered: 3/23/2007 |
Order on Motion to Intervene |
|
OPINION AND ORDER granting in part [297] Motion to Intervene by Burlington Free Press. Also, a status conference to be held March 26, 2007 at 1:30 pm. Signed by Judge William K. Sessions III on 3/22/2007. (law)
|
|
|
 |
|
|
327 |
Filed: 3/23/2007, Entered: 3/23/2007 |
Letter |
|
LETTER from Robert B. Hemley, Esq. re: status report. (law)
|
|
|
 |
|
|
326 |
Filed: 3/22/2007, Entered: 3/22/2007 |
Certificate |
|
CERTIFICATE of Service of Motion to Compel Rule 26 Compliance by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Cullen, Scott)
|
|
|
 |
|
|
325 |
Filed: 3/22/2007, Entered: 3/22/2007, Terminated: 4/6/2007 |
Motion to Compel |
|
STATUS REPORT AND REQUEST for Further Relief with Respect to [213] MOTION for Sanctions or Other Relief (Rule 26 Compliance by Defendant's Retained Expert Witness (Mr. K.G. Duleep)) by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Exhibit A# (2) Exhibit B)(Cullen, Scott) Text clarified 3/23/2007. (jse) Text clarified 4/9/2007. (jmm)
|
|
|
 |
|
|
324 |
Filed: 3/22/2007, Entered: 3/22/2007 |
Response to Motion |
|
SUPPLEMENTAL BRIEF re [268] MOTION to Present Certain Testimony in Camera to Protect Trade Secrets filed by Burlington Free Press. (Attachments: # (1) Exhibit A# (2) Certificate of Service)(Burkhouse, Nolan) Docket Text Modified by court on 3/23/2007 (jse).
|
|
|
 |
|
|
323 |
Filed: 3/22/2007, Entered: 3/22/2007 |
Supplemental Document |
|
SUPPLEMENTAL DOCUMENT re: [268] MOTION to Present Certain Testimony in Camera to Protect Trade Secrets re: Waiver Issue by Association of International Automobile Manufacturers, The.. (Attachments: # (1) Certificate of Service)(Behm, R.)
|
|
|
 |
|
|
322 |
Filed: 3/22/2007, Entered: 3/22/2007 |
Response to Motion |
|
RESPONSE to Motion re [271] MOTION in Limine to Exclude Proffered Testimony of Thomas C. Austin on the Subject of Global Warming[VT 4 - Austin] filed by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Certificate of Service)(Blocher, Lucas) Modified on 3/23/2007 (jse, ).
|
|
|
 |
|
|
321 |
Filed: 3/22/2007, Entered: 3/22/2007 |
Response in Opposition to Motion |
|
RESPONSE in Opposition re [274] MOTION in Limine [VT 7 - Safety] To Exclude Testimony Regarding Alleged Safety Impacts filed by Association of International Automobile Manufacturers, The. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Certificate of Service)(Behm, R.)
|
|
|
 |
|
|
320 |
Filed: 3/22/2007, Entered: 3/22/2007 |
Response in Opposition to Motion |
|
RESPONSE in Opposition re: [283] MOTION in Limine to Exclude Evidence Related to the State Administrative Rulemaking Process of CA and NY [VT 1 - CA NY Admin] filed by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Certificate of Service)(Blocher, Lucas)
|
|
|
 |
|
|
319 |
Filed: 3/22/2007, Entered: 3/22/2007 |
Response in Opposition to Motion |
|
RESPONSE in Opposition re [273] MOTION in Limine to Exclude Any Witness Testimony by L. Robert Shelton III[VT 6 - Shelton] filed by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Certificate of Service)(Blocher, Lucas)
|
|
|
 |
|
|
318 |
Filed: 3/22/2007, Entered: 3/22/2007 |
Response in Opposition to Motion |
|
RESPONSE in Opposition re: [274] MOTION in Limine to Exclude Testimony Regarding Alleged Safety Impacts [VT 7 - Safety] filed by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Certificate of Service)(Blocher, Lucas)
|
|
|
 |
|
|
317 |
Filed: 3/22/2007, Entered: 3/22/2007 |
Response in Opposition to Motion |
|
RESPONSE in Opposition re [270] MOTION in Limine to Exclude Expert Testimony of M. Laurentius Marias [VT 3 - Marais] filed by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E# (6) Exhibit F# (7) Exhibit G# (8) Exhibit H# (9) Certificate of Service)(Blocher, Lucas)
|
|
|
 |
|
|
316 |
Filed: 3/22/2007, Entered: 3/22/2007 |
Supplemental Document |
|
SUPPLEMENTAL DOCUMENT in Response to [315] Defendants' and Defendant-Intervenors' Supplemental Brief re: [268] Motion to Present Certain Testimony in Camera to Protect Trade Secrets by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Certificate of Service)(Blocher, Lucas) Text clarified 3/22/2007. (jmm)
|
|
|
 |
|
|
315 |
Filed: 3/21/2007, Entered: 3/21/2007 |
Supplemental Document |
|
SUPPLEMENTAL DOCUMENT re: [268] MOTION to Present Certain Testimony in Camera to Protect Trade Secrets by George Crombie, Richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group. (Attachments: # (1) Certificate of Service)(Leske, Kevin) Text clarified, filers added 3/22/2007. (jmm)
|
|
|
 |
|
|
314 |
Filed: 3/21/2007, Entered: 3/21/2007 |
Notice of Docket Entry Correction |
|
NOTICE of DOCKET ENTRY MODIFICATION re: [265] Supplemental Memorandum. SEALED EXHIBITS have been attached to [265] pursuant to [310] Court's Order granting [266] Stipulated Motion to Seal Exhibits. (jmm)
|
|
|
 |
|
|
313 |
Filed: 3/21/2007, Entered: 3/21/2007 |
Memorandum in Support |
|
BRIEF by Alliance of Automobile Manufacturers Regarding the Standards for Protecting Trade Secret Information at Trial re: [297] Motion to Intervene. (Attachments: # (1) Certificate of Service)(Blocher, Lucas) Text clarified 3/21/2007. (jmm)
|
|
|
 |
|
|
312 |
Filed: 3/21/2007, Entered: 3/21/2007 |
Order on Motion for Admission Pro Hac Vice |
|
ORDER granting [309] Motion for Admission of Melissa A. Hoffer Pro Hac Vice. Signed by Judge William K. Sessions III on 03/21/07. (This is a text only Order.) (eae)
|
|
|
 |
|
|
310 |
Filed: 3/20/2007, Entered: 3/20/2007 |
Order on Motion to Seal Document |
|
ORDER granting [266] Stipulated Motion to Seal Exhibits to [265] Supplemental Memorandum by Green Mountain Chrysler-Plymouth-Dodge, granting [302] Motion to Seal Attachment B of [300] Opposition to [268] Motion to Present Certain Testimony in Camera to Protect Trade Secrets. Signed by Judge William K. Sessions III on 3/20/2007. (This is a text only Order.)(eae) Entry unsealed 3/21/2007. (jmm)
|
|
|
 |
|
|
309 |
Filed: 3/20/2007, Entered: 3/20/2007, Terminated: 3/21/2007 |
Motion for Appearance Pro Hac Vice |
|
MOTION for Admission of Melissa A. Hoffer Pro Hac Vice by Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group. (Attachments: # (1) Affidavit of Melissa A. Hoffer)(law)
|
|
|
 |
|
|
311 |
Filed: 3/19/2007, Entered: 3/20/2007 |
Status Conference |
|
MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Status Conference held on 3/19/2007. R. Hemley, M. Byrne, A. Clubok, J. Becker, J. Behm, R. Ludwiszewski & C. Haake present for pltfs; K. Leski, S. Kline, M. Pawa & N. Spiegal present for dfts; B. Krass, B. Kuster, M. Reilly & D. Bookbinder present via phone for dfts; R. Cain & N. Burkhouse present for BFP. Statements by counsel re: BFP's [297] Motion to Intervene. Court will issue ruling by end of this week (3/23/07); trial delayed for 2 weeks to allow time to resolve the outstanding issues. (Court Reporter: Masse) (jam)
|
|
|
 |
|
|
308 |
Filed: 3/19/2007, Entered: 3/19/2007 |
Reply to Response to Motion |
|
REPLY to Response to Motion re [297] MOTION to Intervene filed by Burlington Free Press. (Attachments: # (1) Exhibit A# (2) Certificate of Service)(Burkhouse, Nolan)
|
|
|
 |
|
|
307 |
Filed: 3/19/2007, Entered: 3/19/2007 |
Certificate |
|
CERTIFICATE of Service (revised) for (1) the Plaintiffs' [303] Brief on the Use of Confidential Business Information and Trade Secret Information at Trial, and (2) Plaintiffs' [304] Memorandum in Response to the Burlington Free Press's Motion to Intervene by Alliance of Automobile Manufacturers. (Blocher, Lucas) Links added 3/19/2007. (jmm)
|
|
|
 |
|
|
306 |
Filed: 3/19/2007, Entered: 3/19/2007 |
Certificate |
|
CERTIFICATE of Service for Plaintiffs' Brief on the Use of Confidential Business Information and Trade Secret Information at Trial and (2) Plaintiffs' Memorandum in Response to the Burlington Free Press's Motion to Intervene by Alliance of Automobile Manufacturers. (Blocher, Lucas)
|
|
|
 |
|
|
305 |
Filed: 3/19/2007, Entered: 3/19/2007 |
Notice of Docket Entry Correction |
|
NOTICE of DOCKET ENTRY MODIFICATION re: [300] Response in Opposition. Attachment B and Attachment B/Exhibits 1-7 (FILED UNDER SEAL) added to [300] on 3/19/2007. (jmm)
|
|
|
 |
|
|
304 |
Filed: 3/19/2007, Entered: 3/19/2007 |
Response to Motion |
|
RESPONSE to [297] MOTION to Intervene filed by Alliance of Automobile Manufacturers. (Attachments: # (1) Exhibit A)(Blocher, Lucas)
|
|
|
 |
|
|
303 |
Filed: 3/19/2007, Entered: 3/19/2007 |
Memorandum in Support |
|
MEMORANDUM by Alliance of Automobile Manufacturers in support of [291] Status Report. (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3# (4) Exhibit 4# (5) Exhibit 5# (6) Exhibit 6# (7) Exhibit 7# (8) Exhibit 8# (9) Exhibit 9# (10) Exhibit 10# (11) Exhibit 11# (12) Exhibit 12# (13) Exhibit 13A# (14) Exhibit 13B# (15) Exhibit 14# (16) Exhibit 15# (17) Exhibit 15A# (18) Exhibit 15B# (19) Exhibit 15C# (20) Exhibit 15D)(Blocher, Lucas)
|
|
|
 |
|
|
302 |
Filed: 3/19/2007, Entered: 3/19/2007, Terminated: 3/20/2007 |
Motion to Seal |
|
MOTION to Seal Attachment B of [300] Opposition to [268] Motion to Present Certain Testimony in Camera to Protect Trade Secrets by George Crombie, Richard Valentinetti, Jeffrey Wennberg. (Attachments: # (1) Certificate of Service)(Leske, Kevin) Text clarified, filers added 3/19/2007. (jmm)
|
|
|
 |
|
|
301 |
Filed: 3/19/2007, Entered: 3/19/2007 |
Response in Opposition to Motion |
|
RESPONSE in Opposition to [298] MOTION to Strike [291] "Status Report" Dated March 14, 2007 and Response to [291] Status Report filed by George Crombie, Richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group (Attachments: # (1) Certificate of Service)(Leske, Kevin) Text clarified, filers added 3/19/2007. (jmm)
|
|
|
 |
|
|
300 |
Filed: 3/19/2007, Entered: 3/19/2007 |
Response in Opposition to Motion |
|
RESPONSE in Opposition to [268] MOTION to Present Certain Testimony in Camera to Protect Trade Secrets filed by George Crombie, Richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group. (Attachments: # (1) Exhibit A# (2) Certificate of Service)(Leske, Kevin) Text clarified, filers added, Attachment B and Attachment B/Exhibits 1-7 (FILED UNDER SEAL) added 3/19/2007. (jmm)
|
|
|
 |
|
|
299 |
Filed: 3/16/2007, Entered: 3/16/2007 |
Response in Support of Motion |
|
RESPONSE in Support re: [297] MOTION to Intervene filed by George Crombie, Richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group. (Attachments: # (1) Certificate of Service)(Leske, Kevin) Filers added 3/16/2007. (jmm)
|
|
|
 |
|
|
298 |
Filed: 3/15/2007, Entered: 3/15/2007, Terminated: 5/8/2007 |
Motion to Strike |
|
MOTION to Strike [291] "Status Report" Dated March 14, 2007 by Burlington Free Press. (Attachments: # (1) Certificate of Service)(Burkhouse, Nolan) Link added 3/16/2007. (jmm)
|
|
|
 |
|
|
297 |
Filed: 3/15/2007, Entered: 3/15/2007, Terminated: 3/23/2007 |
Motion to Intervene |
|
MOTION to Intervene by Burlington Free Press. (Attachments: # (1) Memorandum in Support # (2) Exhibit A (Proposed Opposition to Motion to Present Certain Testimony In Camera)# (3) Certificate of Service)(Burkhouse, Nolan)
|
|
|
 |
|
|
295 |
Filed: 3/15/2007, Entered: 3/15/2007 |
Notice of Hearing. |
|
NOTICE of Hearing: Hearing Regarding the Use of Confidential Business Information and Trade Secret Information at Trial set for 3/19/2007 at 1:30 PM in Burlington Courtroom 542 before Hon. William K. Sessions III. Copies to Non-NEF parties.(jam)
|
|
|
 |
|
|
296 |
Filed: 3/14/2007, Entered: 3/15/2007 |
Letter |
|
LETTER from Attorney Robert G. Cain in follow up to court hearing held 03/09/2007. (law)
|
|
|
 |
|
|
294 |
Filed: 3/14/2007, Entered: 3/14/2007 |
Certificate Of Service. |
|
DISCOVERY CERTIFICATE - Second Revised Responses to Requests for Admission by State of New York. (Chu, Yueh-ru) Text clarified 3/15/2007. (jmm)
|
|
|
 |
|
|
293 |
Filed: 3/14/2007, Entered: 3/14/2007 |
Certificate Of Service. |
|
DISCOVERY CERTIFICATE - Additional Disclosures by defendants' expert witness K. G. Duleep by State of New York. (Chu, Yueh-ru) Text clarified 3/15/2007. (jmm)
|
|
|
 |
|
|
292 |
Filed: 3/14/2007, Entered: 3/14/2007 |
Status Report |
|
LETTER IN RESPONSE to [291] Status Report by George Crombie, Richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group. (Leske, Kevin) Text clarified, filers added 3/15/2007. (jmm)
|
|
|
 |
|
|
291 |
Filed: 3/14/2007, Entered: 3/14/2007 |
Status Report |
|
STATUS REPORT re Confidential Business Information by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E)(Bentsen, Derek)
|
|
|
 |
|
|
289 |
Filed: 3/14/2007, Entered: 3/14/2007 |
Discovery Certificate - Notice of Deposition |
|
DISCOVERY CERTIFICATE - Subpoena and Notice of Continued Deposition of Ford Motor Company by Environmental Defense, Natural Resources Defense Council, Sierra Club.(Krass, Benjamin)
|
|
|
 |
|
|
288 |
Filed: 3/14/2007, Entered: 3/14/2007 |
Discovery Certificate - Notice of Deposition |
|
DISCOVERY CERTIFICATE - Notice of Deposition of DaimlerChrysler Corporation by Environmental Defense, Natural Resources Defense Council, Sierra Club.(Krass, Benjamin)
|
|
|
 |
|
|
287 |
Filed: 3/14/2007, Entered: 3/14/2007 |
Discovery Certificate - Notice of Deposition |
|
DISCOVERY CERTIFICATE - Notice of Deposition of General Motors Corporation by Environmental Defense, Natural Resources Defense Council, Sierra Club.(Krass, Benjamin)
|
|
|
 |
|
|
286 |
Filed: 3/12/2007, Entered: 3/12/2007 |
Order on Motion for Admission Pro Hac Vice |
|
ORDER granting [284] Motion for Admission Pro Hac Vice of James T.B. Tripp. Signed by Judge William K. Sessions III on 3/12/2007. (This is a text only Order.) (eae)
|
|
|
 |
|
|
285 |
Filed: 3/12/2007, Entered: 3/12/2007 |
Declaration |
|
AMENDED DECLARATION of Elizabeth Barrowman Gibson re: [268] Motion to Present Certain Testimony in Camera to Protect Trade Secrets by Alliance of Automobile Manufacturers, The Association of International Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Certificate of Service)(Byrne, Matthew) Text clarified, filers added 3/12/2007. (jmm)
|
|
|
 |
|
|
284 |
Filed: 3/12/2007, Entered: 3/12/2007, Terminated: 3/12/2007 |
Motion for Appearance Pro Hac Vice |
|
MOTION for Admission of James T.B. Tripp Pro Hac Vice by Environmental Defense, Natural Resources Defense Council, Sierra Club. (Attachments: # (1) Affidavit of James T.B. Tripp)(law)
|
|
|
 |
|
|
290 |
Filed: 3/9/2007, Entered: 3/14/2007 |
Status Conference |
|
MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Status Conference held on 3/9/2007. R. Hemley (via phone), C. Haake (via phone), M. Byrne, S. Drake & J. Behm present for pltfs; S. Kline, Y. Chu & S. Wynn present for dfts; R. Cain present for the Burlington Free Press. Intervention by the Burlington Free Press on sealing the courtroom discussed. Court informs parties of risk of delay if no resolution is reached. All parties to meet with the Free Press to try to set acceptable parameters for closing the courtroom subject to a protective order and report back to the Court by Wed 3/14/07. Exclusion of dfts' expert addressed; issues have been narrowed but not resolved. ORDERED: dfts to turn over to pltfs as much as possible of Mr. Duleep's sources for the 3 prototypes addressed by 3/16/07 or provide an clear explanation why they weren't able to; whatever is not turned over becomes the basis for possible exclusion. First day of trial (3/22/07) will be reserved for a hearing on outstanding issues in particular the press' access to courtroom (this hearing could also be held on 3/20/07 in DC if arranged & necessary); if the press issue is resolved, a hearing on exclusion of Mr. Dunleep's testimony and all motions in limine will be held on 3/22/07; opening statements and testimony will begin on 3/26/07; responses to motions in limine due by 3/20/07.(Court Reporter: Nichols) (jam)
|
|
|
 |
|
|
283 |
Filed: 3/9/2007, Entered: 3/9/2007, Terminated: 3/28/2007 |
Motion in Limine |
|
MOTION in Limine to Exclude Evidence Related to the State Administrative Rulemaking Process of CA and NY [VT 1 - CA NY Admin] by George Crombie, Richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group. (Attachments: # (1) Certificate of Service)(Leske, Kevin) Text clarified, filers added 3/12/2007. (jmm)
|
|
|
 |
|
|
282 |
Filed: 3/9/2007, Entered: 3/9/2007 |
Notice of Docket Entry Correction (PDF) |
|
NOTICE of DOCKET ENTRY CORRECTION re: [271] MOTION in Limine to Exclude Proffered Testimony of Thomas C. Austin on the Subject of Global Warming. The original image filed as Exhibit B was incorrect and has been removed from [271]. The correct Exhibit B image has been added to [271] and is attached to this entry as well. (jmm)
|
|
|
 |
|
|
281 |
Filed: 3/9/2007, Entered: 3/9/2007 |
Notice of Docket Entry Correction (PDF) |
|
NOTICE of DOCKET ENTRY CORRECTION re: [272] MOTION in Limine to Exclude Testimony of Employee Experts Weverstad and Patton. [272] was originally filed without Exhibit C. The image has been added to [272] and is attached to this entry as well. (jmm)
|
|
|
 |
|
|
280 |
Filed: 3/9/2007, Entered: 3/9/2007 |
Letter |
|
LETTER from Attorney Nolan C. Burkhouse re: Burlington Free Press plans to move to intervene for the purpose of opposing [268] Motion to Present Certain Testimony in Camera (or Under Seal) to Protect Trade Secrets. (law)
|
|
|
 |
|
|
279 |
Filed: 3/8/2007, Entered: 3/8/2007 |
Declaration |
|
DECLARATION of Edie re: [268] MOTION to Seal Motion to Present Certain Testimony in Camera to Protect Trade Secrets by Green Mountain Chrysler-Plymouth-Dodge.. (Byrne, Matthew)
|
|
|
 |
|
|
278 |
Filed: 3/8/2007, Entered: 3/8/2007, Terminated: 3/28/2007 |
Motion in Limine |
|
MOTION in Limine to Exclude the Testimony of Maryann N. Keller by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, The Association of International Automobile Manufacturers, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Certificate of Service # (2) Exhibit 1# (3) Exhibit 2# (4) Exhibit 3# (5) Exhibit 4)(Bentsen, Derek) Text clarified 3/9/2007. (jmm)
|
|
|
 |
|
|
277 |
Filed: 3/8/2007, Entered: 3/8/2007, Terminated: 3/28/2007 |
Motion in Limine |
|
MOTION in Limine to Exclude the Testimony of Barrett N. Rock, Ph.D. by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, The Association of International Automobile Manufacturers, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Certificate of Service # (2) Exhibit 1# (3) Exhibit 2# (4) Exhibit 3# (5) Exhibit 4# (6) Exhibit 5# (7) Exhibit 6# (8) Exhibit 7# (9) Exhibit 8# (10) Exhibit 9)(Bentsen, Derek) Text clarified 3/9/2007. (jmm)
|
|
|
 |
|
|
276 |
Filed: 3/8/2007, Entered: 3/8/2007 |
~Notice (other) |
|
ADDITIONAL EXHIBITS to [275] Motion in Limine to Exclude Testimony of James E. Hansen, Ph.D. by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, The Association of International Automobile Manufacturers, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Exhibit J# (2) Exhibit K# (3) Exhibit L# (4) Exhibit M# (5) Exhibit N)(Bentsen, Derek) Text clarified 3/9/2007. (jmm)
|
|
|
 |
|
|
275 |
Filed: 3/8/2007, Entered: 3/8/2007, Terminated: 3/28/2007 |
Motion in Limine |
|
MOTION in Limine to Exclude Testimony of James E. Hansen, Ph.D. by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, The Association of International Automobile Manufacturers, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Certificate of Service # (2) Exhibit A# (3) Exhibit B# (4) Exhibit C# (5) Exhibit D# (6) Exhibit E# (7) Exhibit F# (8) Exhibit G# (9) Exhibit H)(Bentsen, Derek) Text clarified 3/9/2007. (jmm)
|
|
|
 |
|
|
274 |
Filed: 3/8/2007, Entered: 3/8/2007, Terminated: 3/28/2007 |
Motion in Limine |
|
MOTION in Limine to Exclude Testimony Regarding Alleged Safety Impacts [VT 7 - Safety] by George Crombie, Richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Certificate of Service)(Leske, Kevin) Text clarified 3/9/2007. (jmm)
|
|
|
 |
|
|
273 |
Filed: 3/8/2007, Entered: 3/8/2007, Terminated: 3/28/2007 |
Motion in Limine |
|
MOTION in Limine to Exclude Any Expert Witness Testimony by L. Robert Shelton III [VT 6 - Shelton] by George Crombie, Richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Certificate of Service)(Leske, Kevin) Text clarified 3/9/2007. (jmm)
|
|
|
 |
|
|
272 |
Filed: 3/8/2007, Entered: 3/8/2007, Terminated: 3/27/2007 |
Motion in Limine |
|
MOTION in Limine to Exclude Testimony of Employee Experts Weverstad and Patton [VT 5 - Emp. Experts] by George Crombie, Richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Certificate of Service)(Leske, Kevin) NOTE: # (4) Exhibit C added 3/9/2007. Text clarified 3/9/2007. (jmm)
|
|
|
 |
|
|
271 |
Filed: 3/8/2007, Entered: 3/8/2007, Terminated: 3/28/2007 |
Motion in Limine |
|
MOTION in Limine to Exclude Proffered Testimony of Thomas C. Austin on the Subject of Global Warming [VT 4 - Austin] by George Crombie, Richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group. (Attachments: # (1) Exhibit A# (2) Exhibit B (filed in error, replaced - see below)# (3) Exhibit C# (4) Exhibit D)(Leske, Kevin) Text clarified 3/9/2007. (jmm) CORRECTED Exhibit B# (5) added 3/9/2007. (jmm)
|
|
|
 |
|
|
270 |
Filed: 3/8/2007, Entered: 3/8/2007, Terminated: 3/28/2007 |
Motion in Limine |
|
MOTION in Limine to Exclude Expert Testimony of M. Laurentius Marais [VT 3 - Marais] by George Crombie, Richard Valentinetti, Jeffrey Wennberg, Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E# (6) Certificate of Service)(Leske, Kevin) Text clarified 3/9/2007. (jmm)
|
|
|
 |
|
|
269 |
Filed: 3/8/2007, Entered: 3/8/2007 |
Notice of Docket Entry Correction (PDF) |
|
NOTICE of DOCKET ENTRY CORRECTION re: Attachment #4 of [268]. The original pdf image associated with Attachment #4 (Declaration of Elizabeth Barrowman Gibson) was damaged and has been removed. A working pdf image of the Declaration has been added as Attachment #8 to [268]. The image is also attached to this entry. (jmm)
|
|
|
 |
|
|
268 |
Filed: 3/8/2007, Entered: 3/8/2007, Terminated: 5/8/2007 |
Motion to Seal |
|
MOTION to Present Certain Testimony in Camera (or Under Seal) to Protect Trade Secrets by Alliance of Automobile Manufacturers, The Association of International Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Exhibit A# (2) Declaration of Alan R. Weverstad# (3) Declaration of Deborah L. Morrissett# (4) Declaration of Elizabeth Barrowman Gibson (replaced, see below)# (5) Affidavit John W. Alden, Jr.# (6) Affidavit Raymond Coss# (7) Certificate of Service)(Byrne, Matthew) Declaration of Gibson# (8) added on 3/8/2007 (original image damaged).(jmm)
|
|
|
 |
|
|
267 |
Filed: 3/8/2007, Entered: 3/8/2007 |
Notice of Hearing. |
|
NOTICE of Hearing: Status Conference set for 3/9/2007 09:30 AM in Burlington Courtroom 542 before Hon. William K. Sessions III. Copy to Non-NEF parties.(jam)
|
|
|
 |
|
|
266 |
Filed: 3/8/2007, Entered: 3/8/2007, Terminated: 3/20/2007 |
~Motion to Seal Document |
|
STIPULATED MOTION to Seal Exhibits to [265] Supplemental Memorandum by Green Mountain Chrysler-Plymouth-Dodge. (Attachments: # (1) Certificate of Service)(Byrne, Matthew) Text clarified 3/8/2007. (jmm)
|
|
|
 |
|
|
265 |
Filed: 3/8/2007, Entered: 3/8/2007, Terminated: 3/21/2007 |
Reply to Response to Motion |
|
SUPPLEMENTAL MEMORANDUM Concerning Discovery Related to Expert Opinions of Mr. K.G. Duleep re: [213] MOTION for Sanctions filed by Green Mountain Chrysler-Plymouth-Dodge. (Byrne, Matthew) (Text clarified 3/8/2007.) (jmm) SEALED EXHIBITS attached 3/21/2007 pursuant to [310] text-only ORDER granting [266] Stipulated Motion to Seal Exhibits to [265].(jmm)
|
|
|
 |
|
|
264 |
Filed: 3/7/2007, Entered: 3/7/2007 |
Discovery Certificate - Request for Admissions |
|
DISCOVERY CERTIFICATE - Defendant-Intervenors' Revised Response to Plaintiffs' First Set of Requests for Admissions by Conservation Law Foundation, Sierra Club, Natural Resources Defense Council, Environmental Defense, Vermont Public Interest Research Group.(Kuster, Bradford) Text clarified and filers added 3/7/2007. (jmm)
|
|
|
 |
|
|
262 |
Filed: 3/6/2007, Entered: 3/6/2007 |
Discovery Certificate - Request for Admissions |
|
DISCOVERY CERTIFICATE - Second Revised Response to Plaintiff's First Set of Requests for Admission by George Crombie, Richard Valentinetti, Jeffrey Wennberg.(Leske, Kevin) Text clarified and filers added 3/7/2007. (jmm)
|
|
|
 |
|
|
261 |
Filed: 3/6/2007, Entered: 3/6/2007 |
Supplemental Document |
|
LETTER to Court (re: Motion in Limine) by George Crombie, Richard Valentinetti, Jeffrey Wennberg. (Leske, Kevin) Text clarified and filers added 3/6/2007. (jmm)
|
|
|
 |
|
|
263 |
Filed: 3/2/2007, Entered: 3/7/2007 |
Motion Hearing |
|
MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Motion Hearing held on 3/2/2007; Final Pretrial Conference held on 3/2/2007. R. Hemley, M. Byrne, A. Clubok, D. Bentsen, S. Drake, C. Haake, J. Behm and R. Ludwiszewski present for pltfs; K. Leske, S. Kline, B. Krass, D. Doniger, S. Hinchman, M. Pawa present for dfts; B. Kuster, D. Bookbinder, N. Spiegel, Y. Chu, S. Wynn, C. McCarthy and L. Wilkinson present for dfts via telephone. Statements by counsel. ORDERED: [155] MOTION for Summary Judgment filed by AIAM and [162] MOTION for Judgment on the Pleadings filed by VPIRG et al will not be ruled on until all the evidence is heard; the Court needs to assess these motions in the context of the entire case; [249] MOTION to Compel to Determine the Sufficiency of Objections to Plaintiffs' Requests for Admission and Limited Motion for Expedited Briefing filed by pltfs held open, all defendants will submit revised answers, mtn will be re-addressed on 3/22/07 if necessary; [171] MOTION to Deconsolidate and for Rule 16 Conference filed by AAM not addressed; [213] MOTION for Sanctions filed by GMCPD to be discussed further by parties and daubert motion filed if appropriate at which point a hearing will be held; Pretrial Memoranda due by 3/22/2007. Dfts to file a motion forthwith regarding live witnesses in lieu of deposition testimony.(Court Reporter: Nichols) (jam)
|
|
|
 |
|
|
260 |
Filed: 3/1/2007, Entered: 3/1/2007 |
Reply to Response to Motion |
|
SUR-REPLY of Defendants and Defendant-Intervenors to [213] MOTION for Sanctions filed by State of New York, Conservation Law Foundation, George Crombie, Environmental Defense, Natural Resources Defense Council, Sierra Club, Richard Valentinetti, Vermont Public Interest Research Group. (Chu, Yueh-ru) Text clarified and filers added 3/2/2007. (jmm)
|
|
|
 |
|
|
259 |
Filed: 3/1/2007, Entered: 3/1/2007 |
Supplemental Document |
|
SUR-REPLY to Reply in Support of [155] MOTION for Summary Judgment by George Crombie, State of New York, Natural Resources Defense Council, Conservation Law Foundation, Sierra Club, Environmental Defense, Vermont Public Interest Research Group. (Attachments: # (1) Certificate of Service)(Leske, Kevin) Text clarified, filers added on 3/1/2007. (jmm)
|
|
|
 |
|
|
258 |
Filed: 2/28/2007, Entered: 2/28/2007 |
Order on Motion for Admission Pro Hac Vice |
|
ORDER granting [239] Motion for Admission Pro Hac Vice of Stephen F. Hinchman. Signed by Judge William K. Sessions III on 02/28/07. (This is a text only Order.) (eae)
|
|
|
 |
|
|
257 |
Filed: 2/27/2007, Entered: 2/27/2007 |
Supplemental Document |
|
LETTER/UPDATE from William Wehrum, U.S. EPA to Catherine Witherspoon, California Air Resources Board re: CARB's request for a waiver of preemption under Section 209(b) of the Clean Air Act by George Crombie. (Leske, Kevin) Text clarified 2/28/2007. (jmm)
|
|
|
 |
|
|
256 |
Filed: 2/26/2007, Entered: 2/27/2007 |
Affidavit |
|
AFFIDAVIT of Stephen F. Hinchman re: [239] Motion for Admission of Stephen F. Hinchman Pro Hac Vice by Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group.. (law)
|
|
|
 |
|
|
255 |
Filed: 2/26/2007, Entered: 2/26/2007 |
Affidavit in Support of Motion |
|
AFFIDAVIT in Support of Kenneth Patton re [213] MOTION for Sanctions filed by Green Mountain Chrysler-Plymouth-Dodge. (Byrne, Matthew)
|
|
|
 |
|
|
254 |
Filed: 2/26/2007, Entered: 2/26/2007 |
Affidavit in Support of Motion |
|
AFFIDAVIT in Support of Thomas Austin re [213] MOTION for Sanctions filed by Green Mountain Chrysler-Plymouth-Dodge. (Byrne, Matthew)
|
|
|
 |
|
|
253 |
Filed: 2/26/2007, Entered: 2/26/2007 |
Affidavit in Support of Motion |
|
AFFIDAVIT in Support of Scott Cullen re [213] MOTION for Sanctions filed by Green Mountain Chrysler-Plymouth-Dodge. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D (part 1 of 3)# (5) Exhibit D (part 2 of 3)# (6) Exhibit D (part 3 of 3))(Byrne, Matthew)
|
|
|
 |
|
|
252 |
Filed: 2/26/2007, Entered: 2/26/2007 |
Reply to Response to Motion |
|
REPLY to Response to [213] MOTION for Sanctions filed by Green Mountain Chrysler-Plymouth-Dodge. (Attachments: # (1) Exhibit 1)(Byrne, Matthew)
|
|
|
 |
|
|
| Save 25% on a pre-paid one year subscription. |
|
|
251 |
Filed: 2/26/2007, Entered: 2/26/2007 |
~Notice (other) |
|
NOTICE by Green Mountain Chrysler-Plymouth-Dodge Letter to the Court (Byrne, Matthew)
|
|
|
 |
|
|
250 |
Filed: 2/26/2007, Entered: 2/26/2007 |
Declaration |
|
DECLARATION of Matthew Bryne re: [249] MOTION to Determine the Sufficiency of Objections to Plaintiffs' Requests for Admission and Limited Motion for Expedited Briefing by Green Mountain Chrysler-Plymouth-Dodge. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E# (6) Exhibit F# (7) Exhibit G# (8) Exhibit H# (9) Exhibit I# (10) Exhibit J# (11) Certificate of Service)(Byrne, Matthew)
|
|
|
 |
|
|
249 |
Filed: 2/26/2007, Entered: 2/26/2007, Terminated: 5/8/2007 |
Motion to Compel |
|
MOTION to Determine the Sufficiency of Objections to Plaintiffs' Requests for Admission and Limited Motion for Expedited Briefing by Green Mountain Chrysler-Plymouth-Dodge.(Byrne, Matthew)
|
|
|
 |
|
|
248 |
Filed: 2/23/2007, Entered: 2/23/2007 |
Certificate Of Service. |
|
DISCOVERY CERTIFICATE for NY Defendant-Intervenors' Revised RFA Responses by State of New York (Chu, Yueh-ru) Text modified 2/26/2007. (jmm)
|
|
|
 |
|
|
247 |
Filed: 2/22/2007, Entered: 2/22/2007 |
Discovery Certificate - Request for Admissions |
|
DISCOVERY CERTIFICATE - Request for Admissions (Revised Responses) by George Crombie.(Leske, Kevin)
|
|
|
 |
|
|
245 |
Filed: 2/21/2007, Entered: 2/21/2007 |
Order on Motion For Leave to File. |
|
ORDER granting [206] MOTION for Leave to File AMICUS CURIAE MEMORANDUM IN SUPPORT OF VERMONT'S EXPEDITED MOTION TO STAY. Signed by Judge William K. Sessions III on 02/21/07. (This is a text only Order.) (eae)
|
|
|
 |
|
|
243 |
Filed: 2/21/2007, Entered: 2/21/2007 |
Discovery Certificate - Answer to Interrogatories |
|
DISCOVERY CERTIFICATE - Supplemental Interrogatory Responses by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC.(Scoville, Michael)
|
|
|
 |
|
|
242 |
Filed: 2/21/2007, Entered: 2/21/2007 |
Discovery Certificate - Disclosure of Experts |
|
DISCOVERY CERTIFICATE - Supplemental Expert Disclosure by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC.(Scoville, Michael)
|
|
|
 |
|
|
241 |
Filed: 2/20/2007, Entered: 2/20/2007 |
Certificate Of Service. |
|
CERTIFICATE OF SERVICE K.G. Duleep Feb. 20, 2007 Supplemental Report by State of New York (Chu, Yueh-ru)
|
|
|
 |
|
|
240 |
Filed: 2/19/2007, Entered: 2/19/2007 |
Certificate |
|
CERTIFICATE of Service- Motion for Admission of Stephen F. Hinchman Pro Hac Vice by Conservation Law Foundation. (Kuster, Bradford)
|
|
|
 |
|
|
239 |
Filed: 2/19/2007, Entered: 2/19/2007, Terminated: 2/28/2007 |
Motion for Appearance Pro Hac Vice |
|
MOTION for Appearance Pro Hac Vice Stephen F. Hinchman by Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group.(Kuster, Bradford) Receipt #4242 - Fee received on 2/26/2007. Modified on 2/28/2007 (jse).
|
|
|
 |
|
|
238 |
Filed: 2/16/2007, Entered: 2/16/2007 |
Notice of Docket Entry Correction (PDF) |
|
NOTICE of DOCKET ENTRY CORRECTION re: [233] Response in Opposition. The Main Document image originally filed in [233] was incorrect (a duplicate of the Exhibit image). It has been replaced with the correct image. The correct image is also attached to this entry. (jmm)
|
|
|
 |
|
|
237 |
Filed: 2/15/2007, Entered: 2/16/2007 |
Motion Hearing |
|
MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Motion Hearing held on 2/15/2007 re [203] MOTION to Stay and Request for Rule 16 Conference filed by George Crombie. R. Hemley, M. Burke, S. Drake, D. Bouffard present for pltfs; A. Clubock, C. Haake, J. Becker present for pltfs via telephone; K. Leske, S. Kline present for dfts; D. Bookbinder, B. Kuster, M. Reilley, M. Pawa, N. Spiegal, J. Whatley, D. Doniger present for dfts via telephone. Court makes inquiries. Statements by counsel. Court makes findings. ORDERED: Motion to Stay DENIED; Motion for Rule 16 conference DENIED as parties informed Court that they will work out issues and keep the Court posted. (Court Reporter: Nichols) (jam).
|
|
|
 |
|
|
236 |
Filed: 2/15/2007, Entered: 2/15/2007 |
Certificate Of Service. |
|
CERTIFICATE OF SERVICE for Opposition to Plaintiffs' Motion for Sanctions by State of New York (Chu, Yueh-ru)
|
|
|
 |
|
|
235 |
Filed: 2/15/2007, Entered: 2/15/2007 |
Affidavit in Opposition to Motion |
|
AFFIDAVIT in Opposition re [213] MOTION for Sanctions Declaration of Yueh-ru Chu, AAG filed by State of New York. (Chu, Yueh-ru)
|
|
|
 |
|
|
234 |
Filed: 2/15/2007, Entered: 2/15/2007 |
Affidavit in Opposition to Motion |
|
AFFIDAVIT in Opposition re [213] MOTION for Sanctions Declaration of K. G. Duleep filed by State of New York. (Chu, Yueh-ru)
|
|
|
 |
|
|
233 |
Filed: 2/15/2007, Entered: 2/15/2007 |
Response in Opposition to Motion |
|
RESPONSE in Opposition re: [213] MOTION for Sanctions filed by State of New York. (Attachments: # (1) Exhibit LEXIS case)(Chu, Yueh-ru) Main document image replaced/corrected 2/16/2007. (jmm)
|
|
|
 |
|
|
232 |
Filed: 2/13/2007, Entered: 2/13/2007 |
Reply to Response to Motion |
|
REPLY to Response to Motion re [162] MOTION for Judgment on the Pleadings filed by George Crombie. (Attachments: # (1) Certificate of Service)(Leske, Kevin)
|
|
|
 |
|
|
231 |
Filed: 2/13/2007, Entered: 2/13/2007, Terminated: 2/21/2007 |
Motion to Seal |
|
STIPULATED MOTION to Seal Exhibits A through C of the Second Affidavit of Charles H. Haake by Association of International Automobile Manufacturers, The.(Behm, R.)
|
|
|
 |
|
|
230 |
Filed: 2/13/2007, Entered: 2/13/2007 |
Certificate |
|
CERTIFICATE of Service by Association of International Automobile Manufacturers, The. (Behm, R.)
|
|
|
 |
|
|
229 |
Filed: 2/13/2007, Entered: 2/13/2007 |
Statement of Undisputed Facts |
|
REPLY to [156] STATEMENT OF UNDISPUTED FACTS in support of [155] Motion for Summary Judgment and RESPONSE to Statement of Additional Facts contained within [191] re: [155] Motion for Summary Judgment by The Association of International Automobile Manufacturers. (Behm, R.) Text clarified on 2/13/2007 (jmm).
|
|
|
 |
|
|
228 |
Filed: 2/13/2007, Entered: 2/13/2007 |
Affidavit |
|
AFFIDAVIT of Charles H. Haake (Second) re: [227] Reply to Response to Motion, [155] MOTION for Summary Judgment by The Association of International Automobile Manufacturers. (Attachments: # (1) Exhibit A (request to file under seal)# (2) Exhibit B (request to file under seal)# (3) Exhibit C (request to file under seal)# (4) Exhibit D# (5) Exhibit A (sealed)# (6) Exhibit B (sealed)# (7) Exhibit C (sealed)# (8) Certificate of Service# (Behm, R.) Text clarified 2/13/2007 (jmm). Exhibits A, B, C added on 2/23/2007 pursuant to #244. (jmm)
|
|
|
 |
|
|
227 |
Filed: 2/13/2007, Entered: 2/13/2007 |
Reply to Response to Motion |
|
REPLY to Response to [155] MOTION for Summary Judgment and Memorandum in Support filed by The Association of International Automobile Manufacturers. (Behm, R.)
|
|
|
 |
|
|
226 |
Filed: 2/13/2007, Entered: 2/13/2007, Terminated: 2/21/2007 |
Motion to Seal |
|
STIPULATED MOTION to Seal the unredacted version of Defendants and Defendant-Intervenors' Reply Memorandum in Support of Motion to Stay by Jeffrey Wennberg, Richard Valentinetti, George Crombie.(law)
|
|
|
 |
|
|
225 |
Filed: 2/13/2007, Entered: 2/13/2007 |
Notice of Docket Entry Correction |
|
NOTICE of DOCKET ENTRY CORRECTION: Entries 225, 226, 227, 228 (exhibits to [224]) have been deleted from the docket. For clarity, these exhibits have been incorporated into [224]. (jmm)
|
|
|
 |
|
|
224 |
Filed: 2/12/2007, Entered: 2/12/2007 |
~Notice (other) |
|
REQUEST FOR JUDICIAL NOTICE by George Crombie, Jeffrey Wennberg, Richard Valentinetti re: [223] Reply to Response to Motion.(Attachments: # (1) List of Exhibits# (2) Exhibit 1a# (3) Exhibit 1b# (4) Exhibit 1c# (5) Exhibit 2# (6) Exhibit 3# (7) Exhibit 4# (8) Exhibit 5a# (9) Exhibit 5b# (10) Exhibit 5c# (11) Exhibit 5d# (12) Exhibit 5e# (13) Exhibit 5f# (14) Exhibit 5g# (15) Exhibit 5h# (16) Exhibit 5i# (17) Exhibit 6# (18) Exhibit 7a# (19) Exhibit 7b (20) Exhibit 8a# (21) Exhibit 8b# (22) Exhibit 8c# (23) Exhibit 8d# (24) Exhibit 9a# (25) Exhibit 9b# (26) Exhibit 9c# (27) Exhibit 10a# (28) Exhibit 10b# (29) Exhibit 10c# (30) Exhibit 11# (31) Exhibit 12a# (32) Exhibit 12b# (33) Exhibit 13a# (34) Exhibit 13b# (35) Exhibit 13c# (36) Exhibit 13d# (37) Exhibit 13e# (38) Exhibit 13f# (39) Exhibit 13g# (40) Certificate of Service#)(Leske, Kevin) NOTE: Entries 225, 226, 227, 228 consolidated into [224] on 2/13/2007 (jmm).
|
|
Request |
 |
|
|
223 |
Filed: 2/12/2007, Entered: 2/12/2007 |
Reply to Response to Motion |
|
REPLY to Response to Motion re [203] MOTION to Stay (expedited) and Request for Rule 16 Conference And Memorandum in Support (Redacted) filed by George Crombie. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E# (6) Certificate of Service)(Leske, Kevin)
|
|
|
 |
|
|
222 |
Filed: 2/7/2007, Entered: 2/7/2007, Terminated: 2/21/2007 |
Motion for Leave to Exceed Page Limit |
|
STIPULATED MOTION for Leave to Exceed Page Limit for Defendants' Reply in Support of Motion for Judgment on the Pleadings by George Crombie. (Attachments: # (1) Certificate of Service)(Leske, Kevin)
|
|
|
 |
|
|
221 |
Filed: 2/6/2007, Entered: 2/6/2007 |
Supplemental Document |
|
SUPPLEMENTAL DOCUMENT re: [220] Response in Opposition to Motion, Request for Judicial Notice by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC.. (Bentsen, Derek)
|
|
|
 |
|
|
220 |
Filed: 2/6/2007, Entered: 2/6/2007 |
Response in Opposition to Motion |
|
RESPONSE in Opposition re [203] MOTION to Stay (expedited) and Request for Rule 16 Conference And Memordandum in Support filed by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E# (6) Exhibit F# (7) Certificate of Service)(Bentsen, Derek)
|
|
|
 |
|
|
219 |
Filed: 2/6/2007, Entered: 2/6/2007 |
Response in Opposition to Motion |
|
RESPONSE in Opposition re [203] MOTION to Stay (expedited) and Request for Rule 16 Conference And Memordandum in Support filed by Association of International Automobile Manufacturers, The. (Behm, R.)
|
|
|
 |
|
|
217 |
Filed: 1/31/2007, Entered: 1/31/2007 |
Notice of Hearing on Motion |
|
NOTICE of Hearing on [203] MOTION to Stay (expedited) and Request for Rule 16 Conference And Memorandum in Support: Motion Hearing set for 2/15/2007 at 1:30 PM in Burlington Courtroom 542 before Hon. William K. Sessions III. Copies sent to Non-NEF parties.(jam)
|
|
|
 |
|
|
216 |
Filed: 1/30/2007, Entered: 1/30/2007 |
Stipulation |
|
STIPULATION re [203] MOTION to Stay (expedited) and Request for Rule 16 Conference And Memorandum in Support by Green Mountain Chrysler-Plymouth-Dodge. (Attachments: # (1) Certificate of Service)(Byrne, Matthew)
|
|
|
 |
|
|
215 |
Filed: 1/30/2007, Entered: 1/30/2007 |
Certificate |
|
CERTIFICATE of Service re: [213] Motion for Sanctions by Green Mountain Chrysler-Plymouth-Dodge. (Byrne, Matthew) Text Modified on 1/30/2007 (jse).
|
|
|
 |
|
|
214 |
Filed: 1/30/2007, Entered: 1/30/2007 |
Notice of Docket Entry Correction |
|
NOTICE of DOCKET ENTRY CORRECTION re: [211] Supplemental Document. Image and docket text have been removed. Attorney to attorney correspondence docketed in error. (jse)
|
|
|
 |
|
|
-- |
Filed: 1/30/2007, Entered: 1/30/2007 |
set motion and R&R; deadlines/hearings |
|
Set/Reset Deadlines as to [162] MOTION for Judgment on the Pleadings - reply due 2/13/07 (pursuant to [109]). (law)
|
|
|
 |
|
|
213 |
Filed: 1/29/2007, Entered: 1/29/2007, Terminated: 5/8/2007 |
Motion for Sanctions |
|
MOTION for Sanctions or Other Relief by Green Mountain Chrysler-Plymouth-Dodge. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit D)(Byrne, Matthew). Attachment# (4) Exhibit C (sealed) added 2/23/2007 pursuant to sealed text only Order [244]. (jmm) Text clarified 4/9/2007. (jmm)
|
|
|
 |
|
|
212 |
Filed: 1/29/2007, Entered: 1/29/2007 |
Declaration |
|
DECLARATION of Matthew B. Byrne In Support of Motion for Sanctions or Other Relief by Green Mountain Chrysler-Plymouth Dodge. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E# (6) Exhibit F# (7) Exhibit G# (8) Exhibit H# (9) Exhibit I# (10) Exhibit J# (11) Exhibit K)(Byrne, Matthew)
|
|
|
 |
|
|
211 |
Filed: 1/29/2007, Entered: 1/29/2007 |
Supplemental Document |
|
SUPPLEMENTAL DOCUMENT re: [162] MOTION for Judgment on the Pleadings Letter to Plaintiffs by George Crombie. (Leske, Kevin) ***Image removed. Attorney to attorney correspondence docketed in error. 1/30/2007 (jmm).
|
|
|
 |
|
|
210 |
Filed: 1/29/2007, Entered: 1/29/2007 |
Certificate |
|
CERTIFICATE of Corrected Certificate of Service by Green Mountain Chrysler-Plymouth-Dodge. (Byrne, Matthew)
|
|
|
 |
|
|
209 |
Filed: 1/29/2007, Entered: 1/29/2007, Terminated: 2/21/2007 |
~Motion to Seal Document |
|
STIPULATED MOTION to Seal Document by Green Mountain Chrysler-Plymouth-Dodge. (Attachments: # (1) Certificate of Service)(Byrne, Matthew)
|
|
|
 |
|
|
208 |
Filed: 1/29/2007, Entered: 1/29/2007 |
Order on Motion for Admission Pro Hac Vice |
|
ORDER granting [201] Motion for Admission of Scott M. Cullen Pro Hac Vice, granting [204] Motion for Admission of Lucas R. Blocher Pro Hac Vice. Signed by Judge William K. Sessions III on 01/29/07. (This is a text only Order.) (eae)
|
|
|
 |
|
|
207 |
Filed: 1/26/2007, Entered: 1/26/2007 |
Declaration |
|
DECLARATION of Service by Mail re: [206] MOTION for Leave to File AMICUS CURIAE MEMORANDUM IN SUPPORT OF VERMONT'S EXPEDITED MOTION TO STAY; AMICUS CURIAE MEMORANDUM by Catherine E. Witherspoon.. (Barbieri, Joseph)
|
|
|
 |
|
|
206 |
Filed: 1/26/2007, Entered: 1/26/2007, Terminated: 2/21/2007 |
Motion for Leave to File |
|
MOTION for Leave to File AMICUS CURIAE MEMORANDUM IN SUPPORT OF VERMONT'S EXPEDITED MOTION TO STAY; AMICUS CURIAE MEMORANDUM by California Attorney General's Office, Catherine E. Witherspoon.(Barbieri, Joseph) Additional attachment(s) added on 1/29/2007 (jse, ).
|
|
|
 |
|
|
205 |
Filed: 1/26/2007, Entered: 1/26/2007 |
Affidavit |
|
AFFIDAVIT of Lucas R. Blocher in support of [204] MOTION for Admission Pro Hac Vice by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation. (law)
|
|
|
 |
|
|
204 |
Filed: 1/26/2007, Entered: 1/26/2007, Terminated: 1/29/2007 |
Motion for Appearance Pro Hac Vice |
|
MOTION for Admission Pro Hac Vice by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation.(law)
|
|
|
 |
|
|
203 |
Filed: 1/25/2007, Entered: 1/25/2007, Terminated: 2/15/2007 |
Motion to Stay |
|
MOTION to Stay (expedited) and Request for Rule 16 Conference And Memorandum in Support by George Crombie. (Attachments: # (1) Text of Proposed Order # (2) Exhibit 1-2# (3) Exhibit 3# (4) Exhibit 4# (5) Exhibit 5# (6) Exhibit 6-7# (7) Certificate of Service)(Leske, Kevin)
|
|
|
 |
|
|
202 |
Filed: 1/25/2007, Entered: 1/25/2007 |
Affidavit |
|
AFFIDAVIT of Scott M. Cullen re: [201] MOTION for Admission Pro Hac Vice by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation. (law)
|
|
|
 |
|
|
201 |
Filed: 1/25/2007, Entered: 1/25/2007, Terminated: 1/29/2007 |
Motion for Appearance Pro Hac Vice |
|
MOTION for Admission Pro Hac Vice by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation.(law)
|
|
|
 |
|
|
200 |
Filed: 1/18/2007, Entered: 1/18/2007 |
Supplemental Document |
|
SUPPLEMENTAL DOCUMENT Decision dated January 12, 2007 from the Eastern District of California by Thomas W. Torti, Jeffrey Wennberg, Richard Valentinetti.. (Attachments: # (1) Certificate of Service)(Kline, Scot)
|
|
|
 |
|
|
199 |
Filed: 1/17/2007, Entered: 1/17/2007 |
Notice of Hearing. |
|
NOTICE of Hearing: Bench Trial set for 3/22/2007 - 3/23/2007; 3/26/2007 - 3/30/2007; 4/2/2007 - 4/6/2007; 4/9/2007 - 4/13/2007 at 09:00 AM in Burlington Courtroom 542 before Hon. William K. Sessions III. Copies to Non-NEF parties.(jam)
|
|
|
 |
|
|
198 |
Filed: 1/17/2007, Entered: 1/17/2007 |
Notice of Hearing on Motion |
|
NOTICE of Hearing on Motion [162] MOTION for Judgment on the Pleadings, [155] MOTION for Summary Judgment, [171] MOTION Deconsolidate: Motion Hearing and Final Pretrial Conference set for 3/2/2007 01:30 PM in Burlington Courtroom 542 before Hon. William K. Sessions III. Copies to Non-NEF parties.(jam)
|
|
|
 |
|
|
-- |
Filed: 1/17/2007, Entered: 1/17/2007 |
Set/Reset Hearings |
|
Set Hearing: Pretrial Conference set for 3/2/2007 at 01:30 PM in Burlington Courtroom 542 before Hon. William K. Sessions III (jam)
|
|
|
 |
|
|
197 |
Filed: 1/16/2007, Entered: 1/16/2007 |
Supplemental Document |
|
SUPPLEMENTAL DOCUMENT re: [196] Supplemental Document,,, [195] Response in Opposition to Motion, Exhibits to Request for Judicial Notice by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC, Cody Chevrolet, Inc. (Attachments: # (1) Exhibit I# (2) Exhibit J# (3) Exhibit K# (4) Exhibit L# (5) Exhibit M# (6) Exhibit N)(Bentsen, Derek) Modified on 1/17/2007 (jse).
|
|
|
 |
|
|
196 |
Filed: 1/16/2007, Entered: 1/16/2007 |
Supplemental Document |
|
SUPPLEMENTAL DOCUMENT re: [195] Response in Opposition to Motion, Request for Judicial Notice by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC, Cody Chevrolet, Inc... (Attachments: # (1) Exhibit A# (2) Exhbit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E# (6) Exhibit F# (7) Exhibit G)(Bentsen, Derek) Docket Text Modified on 1/17/2007 (jse).
|
|
|
 |
|
|
195 |
Filed: 1/16/2007, Entered: 1/16/2007 |
Response in Opposition to Motion |
|
RESPONSE in Opposition re [162] MOTION for Judgment on the Pleadings filed by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC, Cody Chevrolet, Inc.. (Attachments: # (1) Certificate of Service)(Bentsen, Derek)
|
|
|
 |
|
|
194 |
Filed: 1/16/2007, Entered: 1/16/2007 |
Response to Motion for Judgment |
|
RESPONSE to Motion for Judgment re [155] MOTION for Summary Judgment and Memorandum in Support filed by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC, Cody Chevrolet, Inc.. (Attachments: # (1) Certificate of Service)(Bentsen, Derek)
|
|
|
 |
|
|
193 |
Filed: 1/16/2007, Entered: 1/16/2007 |
Discovery Certificate - Response to Request for Ad |
|
DISCOVERY CERTIFICATE - Response to Request for Admissions by Conservation Law Foundation.(Kuster, Bradford)
|
|
|
 |
|
|
192 |
Filed: 1/16/2007, Entered: 1/16/2007 |
Discovery Certificate - Response to Request for Ad |
|
DISCOVERY CERTIFICATE - Response to Request for Admissions by State of New York.(Chu, Yueh-ru)
|
|
|
 |
|
|
191 |
Filed: 1/16/2007, Entered: 1/16/2007 |
Response to Motion for Summary Judgment |
|
RESPONSE to Summary Judgment Motion re [155] MOTION for Summary Judgment and Memorandum in Support filed by George Crombie. (Attachments: # (1) Response to Statement of Undisputed Facts, and Statement of Disputed Facts# (2) Affidavit of Kevin O. Leske in Support of Opposition# (3) Exhibits 1-3# (4) Exhibits 4-5# (5) Exhibit 6 (1 of 2)# (6) Exhibit 6 (2 of 2)# (7) Exhibit 7 (1 of 3)# (8) Exhibit 7 (2 of 3)(sealed)# (9) Exhibit 7 (3 of 3)(sealed)# (10) Exhibit 8# (11) Certificate of Service (Leske, Kevin) Additional SEALED attachments added on 2/22/2007:# (12) Exhibit D of Declaration of Marc Melnick# (13) Exhibit E of Declaration of Marc Melnick# (14) Exhibit F of Declaration of Marc Melnick# (15) G of Declaration of Marc Melnick. (jmm)
|
|
|
 |
|
|
190 |
Filed: 1/16/2007, Entered: 1/16/2007 |
Discovery Certificate - Response to Request for Ad |
|
DISCOVERY CERTIFICATE - Response to Request for Admissions by George Crombie.(Leske, Kevin)
|
|
|
 |
|
|
189 |
Filed: 1/16/2007, Entered: 1/16/2007 |
Supplemental Document |
|
SUPPLEMENTAL DOCUMENT re: [187] Response in Opposition to Motion For Judgment on the Pleadings - Request for Judicial Notice by Association of International Automobile Manufacturers, The.. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C)(Bouffard, Debra)
|
|
|
 |
|
|
188 |
Filed: 1/16/2007, Entered: 1/16/2007 |
Supplemental Document |
|
SUPPLEMENTAL DOCUMENT re: [187] Response in Opposition to Motion For Judgment on the Pleadings - Appendix of Other Authorities by The Association of International Automobile Manufacturers. (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3# (4) Exhibit 4)(Bouffard, Debra)
|
|
|
 |
|
|
187 |
Filed: 1/16/2007, Entered: 1/16/2007 |
Response in Opposition to Motion |
|
RESPONSE in Opposition re [162] MOTION for Judgment on the Pleadings filed by Association of International Automobile Manufacturers, The. (Bouffard, Debra)
|
|
|
 |
|
|
-- |
Filed: 1/16/2007, Entered: 1/16/2007 |
set motion and R&R; deadlines/hearings |
|
Set/Reset Deadlines as to [162] MOTION for Judgment on the Pleadings - reply due 1/30/2007. (law)
|
|
|
 |
|
|
186 |
Filed: 1/12/2007, Entered: 1/12/2007 |
Notice of Docket Entry Correction |
|
NOTICE of DOCKET ENTRY CORRECTION re: #185 Minute Entry. #185 originally stated - incorrectly - that a Jury Trial was set for 3/22/2007. A COURT Trial is set to being 3/22/2007. Text of #185 has been corrected to reflect this. (jmm)
|
|
|
 |
|
|
-- |
Filed: 1/12/2007, Entered: 1/16/2007 |
Set/Reset Hearings |
|
Set/Reset Hearings: Bench Trial set for 3/22/2007 09:00 AM in Burlington Courtroom 542 before Hon. William K. Sessions III. (jam)
|
|
|
 |
|
|
185 |
Filed: 1/11/2007, Entered: 1/12/2007 |
Status Conference |
|
MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Rule 16 Conference held on 1/11/2007. R. Hemley, M. Byrne, A. Clubok, J. Behm, R. Ludwiszewski & J. Becker present for plfs; K. Leske, S. Kline, B. Kuster, D. Doniger, N. Spiegel & Y. Chu present for dfts & intv-dfts. Court makes inquiries. Statements by counsel. ORDERED: [164] MOTION to Compel filed by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation DENIED AS MOOT; [116] MOTION to Compel filed by Vermont Public Interest Research Group, Jeffrey Wennberg, Sierra Club, Conservation Law Foundation, Thomas W. Torti, Richard Valentinetti, Natural Resources Defense Council, Environmental Defense DENIED; dfts may redraft and be more precise in their demands. Scheduling discussed; COURT Trial set to begin on 3/22/2007; final PTC and motion hearing set for 2/20/07 at 1:30 p.m.(this date has since been changed to 3/2/07 at 1:30 p.m.). (Court Reporter Nichols.) (jam) (Modified on 1/12/2007: Jury Trial corrected to COURT Trial)(jmm).
|
|
|
 |
|
|
184 |
Filed: 1/11/2007, Entered: 1/11/2007 |
Stipulation and Order |
|
SECOND AMENDED STIPULATION AND ORDER re: expert discovery. Signed by Judge William K. Sessions III on January 11, 2007. (law)
|
|
|
 |
|
|
183 |
Filed: 1/11/2007, Entered: 1/11/2007 |
Order on Motion to Exceed Page Limit |
|
ORDER granting [180] Plaintiff's Stipulated Motion to File Overlength Brief. Signed by Judge William K. Sessions III on 01/11/07. (This is a text only Order.) (eae)
|
|
|
 |
|
|
182 |
Filed: 1/10/2007, Entered: 1/10/2007 |
Notice of Appearance |
|
NOTICE OF APPEARANCE by Scot L. Kline on behalf of Geroge Crombie (substituted for Thomas W. Torti), Jeffrey Wennberg, Richard Valentinetti. (law)
|
|
|
 |
|
|
181 |
Filed: 1/9/2007, Entered: 1/9/2007 |
Reply to Response to Motion |
|
REPLY to Response to Motion re [171] MOTION Deconsolidate and for Rule 16 Conference filed by Green Mountain Chrysler-Plymouth-Dodge. (Attachments: # (1) Certificate of Service)(Byrne, Matthew)
|
|
|
 |
|
|
180 |
Filed: 1/9/2007, Entered: 1/9/2007, Terminated: 1/11/2007 |
Motion for Leave to Exceed Page Limit |
|
STIPULATED MOTION for Leave to Exceed Page Limit re: Brief in Opposition to Consolidated Motion for Judgment on the Pleadings by Green Mountain Chrysler-Plymouth-Dodge.(Byrne, Matthew) Docket text modified on 1/9/2007 (jse).
|
|
|
 |
|
|
179 |
Filed: 1/5/2007, Entered: 1/5/2007 |
Discovery Certificate |
|
DISCOVERY CERTIFICATE re: Second Amended Stipulation and [Proposed] Order by Green Mountain Chrysler-Plymouth-Dodge.(Byrne, Matthew)
|
|
|
 |
|
|
178 |
Filed: 1/5/2007, Entered: 1/5/2007 |
Stipulated Discovery Schedule/Order (proposed) |
|
RECEIVED (proposed) Second Amended Stipulation and (proposed) Order by Green Mountain Chrysler-Plymouth-Dodge.(Byrne, Matthew) Text Modified on 1/8/2007 (jse).
|
|
|
 |
|
|
177 |
Filed: 1/3/2007, Entered: 1/3/2007 |
Response in Opposition to Motion |
|
RESPONSE in Opposition re [171] MOTION Deconsolidate and for Rule 16 Conference filed by Association of International Automobile Manufacturers, The. (Behm, R.)
|
|
|
 |
|
|
176 |
Filed: 1/2/2007, Entered: 1/2/2007 |
Response in Opposition to Motion |
|
RESPONSE in Opposition re [171] MOTION Deconsolidate and for Rule 16 Conference filed by State of New York. (Attachments: # (1) Exhibit AIAM's Motion to Consolidate)(Chu, Yueh-ru)
|
|
|
 |
|
|
175 |
Filed: 12/27/2006, Entered: 12/27/2006 |
Notice of Hearing. |
|
NOTICE of Hearing: Rule 16 Conference set for 1/11/2007 03:00 PM in Burlington Courtroom 542 before Hon. William K. Sessions III. (law)
|
|
|
 |
|
|
174 |
Filed: 12/21/2006, Entered: 12/21/2006 |
Stipulation and Order |
|
FIRST AMENDED STIPULATION AND ORDER. Signed by Judge William K. Sessions III on December 21, 2006. (law)
|
|
|
 |
|
|
173 |
Filed: 12/19/2006, Entered: 12/19/2006 |
Stipulated Discovery Schedule/Order (proposed) |
|
RECEIVED First Amended Stipulation and (proposed) Order by Alliance of Automobile Manufacturers. (Attachments: # (1) Certificate of Service)(Byrne, Matthew) Text modified on 12/20/2006 (jse).
|
|
|
 |
|
|
172 |
Filed: 12/15/2006, Entered: 12/15/2006 |
Response |
|
RESPONSE to Attorney Hemley's letter attached to [171] MOTION to Deconsolidate and for Rule 16 Conference by Thomas W. Torti, Jeffrey Wennberg, Richard Valentinetti. (law)
|
|
|
 |
|
|
171 |
Filed: 12/13/2006, Entered: 12/13/2006, Terminated: 5/8/2007 |
Motion for Miscellaneous Relief |
|
MOTION to Deconsolidate and for Rule 16 Conference by Alliance of Automobile Manufacturers. (Attachments: # (1) Certificate of Service # (2) Letter to Clerk)(Hemley, Robert)
|
|
|
 |
|
|
170 |
Filed: 12/11/2006, Entered: 12/11/2006 |
Stipulation and Order |
|
STIPULATION AND ORDER resolving [152] MOTION to Modify Scheduling Order or to Compel and [153] Motion to Modify Scheduling Order. Signed by Judge William K. Sessions III on 12/07/06. (law, )
|
|
|
 |
|
|
169 |
Filed: 12/6/2006, Entered: 12/6/2006 |
Stipulation |
|
STIPULATION and Proposed Order resolving motions numbered [152] and [153] to modify scheduling order by State of New York. (Chu, Yueh-ru).
|
|
|
 |
|
|
168 |
Filed: 12/6/2006, Entered: 12/6/2006 |
Stipulation |
|
STIPULATION re Witnesses filed by Alliance of Automobile Manufacturers on behalf of all parties. (Byrne, Matthew)
|
|
|
 |
|
|
167 |
Filed: 11/30/2006, Entered: 11/30/2006 |
Response to Motion |
|
RESPONSE to Motion re [152] MOTION to Modify Scheduling Order or to Compel filed by State of New York. (Chu, Yueh-ru)
|
|
|
 |
|
|
166 |
Filed: 11/30/2006, Entered: 11/30/2006 |
Response to Motion |
|
RESPONSE to Motion re [152] MOTION to Modify Scheduling Order or to Compel filed by Conservation Law Foundation. (Attachments: # (1) Certificate of Service)(Kuster, Bradford)
|
|
|
 |
|
|
165 |
Filed: 11/30/2006, Entered: 11/30/2006 |
Order on Motion to Dismiss/Lack of Jurisdiction |
|
MEMORANDUM OPINION AND ORDER denying [48] Motion to Dismiss for Lack of Jurisdiction . Signed by Judge William K. Sessions III on 30th day of November, 2006. (law, )
|
|
|
 |
|
|
163 |
Filed: 11/14/2006, Entered: 11/14/2006 |
Declaration |
|
DECLARATION of Matthew Byrne re: [152] MOTION to Modify Scheduling Order or to Compel by Alliance of Automobile Manufacturers.. (Byrne, Matthew)
|
|
|
 |
|
|
162 |
Filed: 11/13/2006, Entered: 11/14/2006 |
Motion for Judgment on the Pleadings |
|
MOTION for Judgment on the Pleadings and Memorandum of Law in Support by Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group, Thomas W. Torti, Jeffrey Wennberg, Richard Valentinetti. (Attachments: # (1) Main Document (Part 2 of 2)# (2) Exhibits - Table of Contents# (3) Exhibit 1 (Part 1 of 2)# (4) Exhibit 1 (Part 2 of 2)# (5) Exhibit 2# (6) Exhibit 3# (7) Exhibit 4# (8) Exhibit 5# (9) Exhibit 6# (10) Exhibit 7# (11) Exhibit 8 (Part 1 of 9)# (12) Exhibit 8 (Part 2 of 9)# (13) Exhibit 8 (Part 3 of 9)# (14) Exhibit 8 (Part 4 of 9)# (15) Exhibit 8 (Part 5 of 9)# (16) Exhibit 8 (Part 6 of 9)# (17) Exhibit 8 (Part 7 of 9)# (18) Exhibit 8 (Part 8 of 9)# (19) Exhibit 8 (Part 9 of 9)# (20) Exhibit 9# (21) Certificate of Service)(law, )
|
|
|
 |
|
|
161 |
Filed: 11/13/2006, Entered: 11/14/2006 |
Affidavit |
|
AFFIDAVIT of Charles H. Haake re: [155] MOTION for Summary Judgment by Association of International Automobile Manufacturers, The. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E) (IMAGES for Exhibits C and D ARE SEALED)(***Same Document as Doc. No. 158***)(law) Modified on 12/20/2006 (jse).
|
|
|
 |
|
|
160 |
Filed: 11/13/2006, Entered: 11/13/2006 |
~Notice (other) |
|
NOTICE by The Association of International Automobile Manufacturers re [155] MOTION for Summary Judgment and Memorandum in Support - Request for Judicial Notice (Attachments: # (1) Exhibit 1 (1 of 2)# (2) Exhibit 1 (2 of 2)# (3) Exhibit 2 (1 of 6)# (4) Exhibit 2 (2 of 6)# (5) Exhibit 2 (3 of 6)# (6) Exhibit 2 (4 of 6)# (7) Exhibit 2 (5 of 6)# (8) Exhibit 2 (6 of 6))(Behm, R.)
|
|
|
 |
|
|
159 |
Filed: 11/13/2006, Entered: 11/13/2006 |
Supplemental Document |
|
SUPPLEMENTAL DOCUMENT re: [155] MOTION for Summary Judgment and Memorandum in Support - Appendix of Other Authorities by Association of International Automobile Manufacturers, The.. (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3# (4) Exhibit 4# (5) Exhibit 5)(Behm, R.)
|
|
|
 |
|
|
158 |
Filed: 11/13/2006, Entered: 11/13/2006 |
Affidavit |
|
AFFIDAVIT of Charles H. Haake re: [155] MOTION for Summary Judgment and Memorandum in Support by Association of International Automobile Manufacturers, The.. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E)(Behm, R.) (***Same Document as Doc. No. 161***) Modified on 12/20/2006 (jse).
|
|
|
 |
|
|
157 |
Filed: 11/13/2006, Entered: 11/13/2006 |
Affidavit |
|
AFFIDAVIT of Harold M. Haskew re: [155] MOTION for Summary Judgment and Memorandum in Support by Association of International Automobile Manufacturers, The.. (Behm, R.)
|
|
|
 |
|
|
156 |
Filed: 11/13/2006, Entered: 11/13/2006 |
Statement of Undisputed Facts |
|
STATEMENT OF UNDISPUTED FACTS by Association of International Automobile Manufacturers, The re: [155] MOTION for Summary Judgment and Memorandum in Support. (Behm, R.)
|
|
|
 |
|
|
155 |
Filed: 11/13/2006, Entered: 11/13/2006, Terminated: 9/12/2007 |
Motion for Summary Judgment |
|
MOTION for Summary Judgment and Memorandum in Support by Association of International Automobile Manufacturers, The.(Behm, R.)
|
|
|
 |
|
|
164 |
Filed: 11/10/2006, Entered: 11/15/2006 |
Motion to Compel |
|
MOTION to Compel by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation. (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Certificate of Service) (SAME IMAGE AS [152])(law, )
|
|
|
 |
|
|
154 |
Filed: 11/10/2006, Entered: 11/10/2006 |
Certificate |
|
CERTIFICATE of service of NY defendant-intervenors' motion to modify scheduling order by State of New York. (Chu, Yueh-ru)
|
|
|
 |
|
|
153 |
Filed: 11/10/2006, Entered: 11/10/2006, Terminated: 12/11/2006 |
Motion to Modify |
|
MOTION to Modify Scheduling Order by State of New York.(Chu, Yueh-ru)
|
|
|
 |
|
|
| Save 25% on a pre-paid one year subscription. |
|
|
152 |
Filed: 11/10/2006, Entered: 11/10/2006, Terminated: 12/11/2006 |
Motion to Modify |
|
MOTION to Modify Scheduling Order or to Compel by Alliance of Automobile Manufacturers.(Byrne, Matthew)
|
|
|
 |
|
|
151 |
Filed: 11/9/2006, Entered: 11/9/2006 |
Discovery Certificate - Response to Request to Pro |
|
DISCOVERY CERTIFICATE - Responses and Objections to First Request for Production of Documents by Conservation Law Foundation.(Kuster, Bradford) Modified on 11/9/2006 (jmm).
|
|
|
 |
|
|
150 |
Filed: 11/7/2006, Entered: 11/7/2006 |
Discovery Certificate - Answer to Interrogatories |
|
DISCOVERY CERTIFICATE - Answer to Interrogatories by Defendant Intervenors Conservation Law Foundation, Vermont Public Interest Research Group, Environmental Defense, Natural Resources Defense Council and Sierra Club by Environmental Defense, Natural Resources Defense Council, Sierra Club.(Krass, Benjamin)
|
|
|
 |
|
|
149 |
Filed: 11/7/2006, Entered: 11/7/2006 |
Discovery Certificate |
|
DISCOVERY CERTIFICATE re: Third Party Expert Witness Dr. Barrett N. Rock's Response and Objections to Subpoena and Notice to Appear for Deposition and Request to Produce Documents by Environmental Defense, Natural Resources Defense Council, Sierra Club.(Krass, Benjamin) Modified on 11/8/2006 (jmm).
|
|
|
 |
|
|
148 |
Filed: 11/7/2006, Entered: 11/7/2006 |
Discovery Certificate - Response to Request to Pro |
|
DISCOVERY CERTIFICATE - Responses and Objections to Second Request for Production of Documents, and Responses and Objections to Request for Production of Documents in Notice of Deposition by Sierra Club, Thomas W. Torti, Jeffrey Wennberg, Richard Valentinetti.(law, )
|
|
|
 |
|
|
147 |
Filed: 11/7/2006, Entered: 11/7/2006 |
Discovery Certificate - Interrogatories and Reques |
|
DISCOVERY CERTIFICATE - Responses to First Set of Interrogatories and First Set of Requests to Produce by Denise M. Sheehan.(Chu, Yueh-ru) Modified on 11/7/2006 (jse).
|
|
|
 |
|
|
146 |
Filed: 11/6/2006, Entered: 11/6/2006 |
Discovery Certificate - Answer to Interrogatories |
|
DISCOVERY CERTIFICATE - Responses and Objections to Second Set of Interrogatories by Sierra Club, Thomas W. Torti, Jeffrey Wennberg, Richard Valentinetti.(law, )
|
|
|
 |
|
|
145 |
Filed: 11/6/2006, Entered: 11/6/2006 |
Reply to Response to Motion |
|
REPLY in support of their [116] MOTION to Compel filed by Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group, Thomas W. Torti, Jeffrey Wennberg, Richard Valentinetti. (Attachments: # (1) Exhibit A)(law, )
|
|
|
 |
|
|
144 |
Filed: 11/6/2006, Entered: 11/6/2006 |
Order on Motion for Admission Pro Hac Vice |
|
ORDER granting [137] Motion for Admission of Mark R. Rielly Pro Hac Vice, granting [142] Motion for Admission of Tyler D. Mace Pro Hac Vice. Signed by Judge William K. Sessions III on 11/06/06. (This is a text only Order.) (eae)
|
|
|
 |
|
|
143 |
Filed: 11/2/2006, Entered: 11/2/2006 |
Affidavit |
|
AFFIDAVIT (photocopy) of Tyler D. Mace in support of [142] MOTION for Admission Pro Hac Vice by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation. (law, )
|
|
|
 |
|
|
142 |
Filed: 11/2/2006, Entered: 11/2/2006, Terminated: 11/6/2006 |
Motion for Appearance Pro Hac Vice |
|
MOTION for Admission Pro Hac Vice by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation.(law)
|
|
|
 |
|
|
141 |
Filed: 11/2/2006, Entered: 11/2/2006 |
~Notice (other) |
|
REQUEST FOR JUDICIAL NOTICE by Thomas W. Torti, Jeffrey Wennberg, Richard Valentinetti. (Attachments: # (1) Attachment 1# (2) Attachment 2# (3) Attachment 3# (4) Attachment 4# (5) Attachment 5)(law, )
|
|
|
 |
|
|
140 |
Filed: 11/2/2006, Entered: 11/2/2006 |
Discovery Certificate - Notice of Deposition |
|
DISCOVERY CERTIFICATE - Subpoena and Notice of Deposition of Barrett N. Rock and Request for Production of Documents by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Association of International Automobile Manufacturers, The, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC.(law, )
|
|
|
 |
|
|
139 |
Filed: 11/1/2006, Entered: 11/1/2006 |
Discovery Certificate |
|
DISCOVERY CERTIFICATE re: Objections to Second Requests for Documents by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Association of International Automobile Manufacturers, The, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC.(law)
|
|
|
 |
|
|
138 |
Filed: 10/24/2006, Entered: 10/24/2006 |
Affidavit |
|
AFFIDAVIT of Mark Rielly in support of [137] MOTION for Admission of Mark R. Rielly Pro Hac Vice by Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group. (law, )
|
|
|
 |
|
|
137 |
Filed: 10/24/2006, Entered: 10/24/2006, Terminated: 11/6/2006 |
Motion for Appearance Pro Hac Vice |
|
MOTION for Admission of Mark R. Rielly Pro Hac Vice by Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group.(law)
|
|
|
 |
|
|
136 |
Filed: 10/20/2006, Entered: 10/20/2006 |
Response to Motion |
|
RESPONSE to Motion re [116] MOTION to Compel filed by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C)(Hemley, Robert)
|
|
|
 |
|
|
135 |
Filed: 10/18/2006, Entered: 10/18/2006 |
~Notice (other) |
|
NOTICE by Alliance of Automobile Manufacturers re [116] MOTION to Compel Letter re agreement to extension for reply (Hemley, Robert)
|
|
|
 |
|
|
134 |
Filed: 10/18/2006, Entered: 10/18/2006 |
Order on Motion for Admission Pro Hac Vice |
|
ORDER granting [131] Motion for Admission Pro Hac Vice of Stacey L. Bennett and Michael E. Scoville. Signed by Judge William K. Sessions III on 10/18/06. (This is a text only Order.) (eae)
|
|
|
 |
|
|
133 |
Filed: 10/16/2006, Entered: 10/17/2006 |
Affidavit |
|
AFFIDAVIT of Michael E. Scoville in support of [131] MOTION for Admission Pro Hac Vice by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation. (law)
|
|
|
 |
|
|
132 |
Filed: 10/16/2006, Entered: 10/17/2006 |
Affidavit |
|
AFFIDAVIT of Stacey L. Bennett in support of [131] MOTION for Admission Pro Hac Vice by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation. (law)
|
|
|
 |
|
|
131 |
Filed: 10/16/2006, Entered: 10/17/2006, Terminated: 10/18/2006 |
Motion for Appearance Pro Hac Vice |
|
MOTION for Admission Pro Hac Vice by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation.(law)
|
|
|
 |
|
|
130 |
Filed: 10/11/2006, Entered: 10/11/2006 |
Response to Motion |
|
RESPONSE to Request for an Expedited Briefing Schedule on [116] MOTION to Compel filed by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Association of International Automobile Manufacturers, The, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (law)
|
|
|
 |
|
|
129 |
Filed: 10/11/2006, Entered: 10/11/2006 |
Discovery Certificate - Disclosure of Experts |
|
DISCOVERY CERTIFICATE - Supplemental Expert Witness Disclosures by Thomas W. Torti, Jeffrey Wennberg, Richard Valentinetti.(law)
|
|
|
 |
|
|
128 |
Filed: 10/11/2006, Entered: 10/11/2006 |
Discovery Certificate - Notice of Deposition |
|
CERTIFICATE OF SERVICE - Notices of Depositions by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Association of International Automobile Manufacturers, The, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC.(law)
|
|
|
 |
|
|
127 |
Filed: 10/11/2006, Entered: 10/11/2006 |
Notice of Docket Entry Correction (PDF) |
|
NOTICE of DOCKET ENTRY CORRECTION re: [123] Memorandum of Law. The Main Document image associated with [123] has been replaced. (It originally contained a Declaration, now docketed separately). The correct image, containing only the Memorandum of Law, is now attached to [123] and is also attached to this entry. (jmm)
|
|
|
 |
|
|
125 |
Filed: 10/10/2006, Entered: 10/10/2006 |
Discovery Certificate |
|
DISCOVERY CERTIFICATE re: Notice of Subpoena on Eaton Corp. by State of New York.(Chu, Yueh-ru)
|
|
|
 |
|
|
124 |
Filed: 10/10/2006, Entered: 10/10/2006 |
Notice of Docket Entry Correction (PDF) |
|
NOTICE of DOCKET ENTRY CORRECTION re: [121] Discovery Certificate. The original image associated with [121] was incorrect and has been replaced with the correct image. The correct image is also attached to this entry. (jmm)
|
|
|
 |
|
|
126 |
Filed: 10/6/2006, Entered: 10/11/2006 |
Affidavit |
|
DECLARATION of Matthew F. Pawa in support of [116] MOTION to Compel by Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group, Thomas W. Torti, Jeffrey Wennberg, Richard Valentinetti. (law)
|
|
|
 |
|
|
123 |
Filed: 10/6/2006, Entered: 10/10/2006 |
Memorandum in Support |
|
MEMORANDUM OF LAW by Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group, Thomas W. Torti, Jeffrey Wennberg, Richard Valentinetti in support of [116] MOTION to Compel Production of Documents. (Attachments: # (1) Exhibit A# (2) Exhibit B (1 of 2)# (3) Exhibit B (2 of 2)# (4) Exhibit C (1 of 17)# (5) Exhibit C (2 of 17)# (6) Exhibit C (3 of 17)# (7) Exhibit C (4 of 17)# (8) Exhibit C (5 of 17)# (9) Exhibit C (6 of 17)# (10) Exhibit C (7 of 17)# (11) Exhibit C (8 of 17)# (12) Exhibit C (9 of 17)# (13) Exhibit C (10 of 17)# (14) Exhibit C (11 of 17)# (15) Exhibit C (12 of 17)# (16) Exhibit C (13 of 17)# (17) Exhibit C (14 of 17)# (18) Exhibit C (15 of 17)# (19) Exhibit C (16 of 17)# (20) Exhibit C (17 of 17)# (21) Exhibit D (1 of 4)# (22) Exhibit D (2 of 4)# (23) Exhibit D (3 of 4)# (24) Exhibit D (4 of 4)# (25) Exhibit E (1 of 7)# (26) Exhibit E (2 of 7)# (27) Exhibit E (3 of 7)# (28) Exhibit E (4 of 7)# (29) Exhibit E (5 of 7)# (30) Exhibit E (6 of 7)# (31) Exhibit E (7 of 7)# (32) Exhibit F (1 of 5)# (33) Exhibit F (2 of 5)# (34) Exhibit F (3 of 5)# (35) Exhibit F (4 of 5)# (36) Exhibit F (5 of 5))(law) Additional attachments added 10/11/2006 (jmm).
|
|
Request |
 |
|
|
122 |
Filed: 10/6/2006, Entered: 10/6/2006 |
Discovery Certificate |
|
DISCOVERY CERTIFICATE re: Notice of Subpoena on Barbara Samardzich by State of New York.(Chu, Yueh-ru)
|
|
|
 |
|
|
121 |
Filed: 10/6/2006, Entered: 10/6/2006 |
Discovery Certificate - Notice of Deposition |
|
DISCOVERY CERTIFICATE - Notice of Deposition of Thomas Stephens and Robert Lee by State of New York.(Chu, Yueh-ru) Image replaced on 10/10/2006 (jmm).
|
|
|
 |
|
|
120 |
Filed: 10/6/2006, Entered: 10/6/2006 |
Discovery Certificate |
|
DISCOVERY CERTIFICATE re: Notice of Subpoenas Duces Tecum by State of New York.(Chu, Yueh-ru)
|
|
|
 |
|
|
119 |
Filed: 10/6/2006, Entered: 10/6/2006 |
Discovery Certificate |
|
DISCOVERY CERTIFICATE re: Defs and Def-Ints Request for Documents correction by State of New York.(Chu, Yueh-ru)
|
|
|
 |
|
|
118 |
Filed: 10/6/2006, Entered: 10/6/2006 |
Discovery Certificate |
|
DISCOVERY CERTIFICATE re: Defs and Def-Ints' Request for Documents to Plaintiffs by State of New York.(Chu, Yueh-ru)
|
|
|
 |
|
|
117 |
Filed: 10/6/2006, Entered: 10/6/2006 |
Discovery Certificate - Notice of Deposition |
|
DISCOVERY CERTIFICATE - Notice of Deposition of Joe Tornabene and Ronald Carpenter by State of New York.(Chu, Yueh-ru)
|
|
|
 |
|
|
116 |
Filed: 10/6/2006, Entered: 10/6/2006, Terminated: 1/11/2007 |
Motion to Compel |
|
MOTION to Compel Production of Documents from Plaintiffs by Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group, Thomas W. Torti, Jeffrey Wennberg, Richard Valentinetti. Responses due by 10/23/2006. Note: 3 additional days will be allowed for mailing. See 2005 Amendment to Fed. R. Civ. P. 6e, effective Dec. 1, 2005. (law)
|
|
|
 |
|
|
115 |
Filed: 10/6/2006, Entered: 10/6/2006 |
Response |
|
RESPONSE to [111] REQUEST for Judicial Notice and SUPPLEMENTAL STATEMENT in support of [48] MOTION to Dismiss for Lack of Jurisdiction by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, The Association of International Automobile Manufacturers, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Attachment A# (2) Attachment B# (3) Attachment C# (4) Attachment D# (5) Attachment E (1 of 2)# (6) Attachment E (2 of 2))(law)
|
|
|
 |
|
|
114 |
Filed: 10/5/2006, Entered: 10/5/2006 |
Discovery Certificate - Request to Produce |
|
DISCOVERY CERTIFICATE - Second Request for Production of Documents and Second Set of Interrogatories to Vermont dfts, First Set of Interrogatories and First Request for Production of Documents to Environmental Defendant-Intervenors and New York Defendant-Intervenors by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, The Association of International Automobile Manufacturers, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC.(law) Modified on 10/6/2006 (jmm).
|
|
|
 |
|
|
113 |
Filed: 10/5/2006, Entered: 10/5/2006 |
Discovery Certificate - Notice of Deposition |
|
DISCOVERY CERTIFICATE - Notices of Deposition of a representative or representatives of the New York Department of Environmental Conservation and the Vermont Agency of Natural Resources by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Association of International Automobile Manufacturers, The, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC.(law, )
|
|
|
 |
|
|
112 |
Filed: 9/27/2006, Entered: 9/27/2006 |
Discovery Certificate - Notice of Deposition |
|
DISCOVERY CERTIFICATE - Notices of Deposition of George Little, Thomas Moye, Richard Valentinetti, Thomas Torti, Jeffrey Wennberg, Steven E. Flint, Jeff Marshall, David L. Barnes, and Maria Nelly Acevedo by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Association of International Automobile Manufacturers, The, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC.(law)
|
|
|
 |
|
|
111 |
Filed: 9/26/2006, Entered: 9/26/2006 |
Memorandum in Support |
|
REQUEST for Judicial Notice and SUPPLEMENTAL STATEMENT by Thomas W. Torti, Jeffrey Wennberg, Richard Valentinetti in support of [48] MOTION to Dismiss for Lack of Jurisdiction. (Attachments: # (1) Attachment 1 (1 of 4)# (2) Attachment 1 (2 of 4)# (3) Attachment 1 (3 of 4)# (4) Attachment 1 (4 of 4))(law)
|
|
|
 |
|
|
110 |
Filed: 9/15/2006, Entered: 9/15/2006 |
Discovery Certificate - Initial Disclosures |
|
CERTIFICATE OF SERVICE - Initial Disclosures by Denise M. Sheehan, State of New York.(law)
|
|
|
 |
|
|
109 |
Filed: 9/13/2006, Entered: 9/14/2006 |
Stipulated Discovery Schedule/Order |
|
FIRST AMENDED JOINT PROPOSED DISCOVERY SCHEDULE/ORDER; Discovery due by 10/31/2006. Motions due by 11/10/2006. Ready for Trial by 3/1/2007. Signed by Judge William K. Sessions III on 9/13/06. (Attachments: # (1) Red-Line Version of 3/7/2006 Order)(law)
|
|
|
 |
|
|
-- |
Filed: 9/11/2006, Entered: 9/12/2006 |
Stipulated Discovery Schedule/Order (proposed) |
|
RECEIVED (proposed) First Amended Joint Discovery Schedule/Order by all parties.(law)
|
|
|
 |
|
|
108 |
Filed: 8/28/2006, Entered: 8/28/2006 |
Letter |
|
LETTER from Matthew B. Byrne, Esq. re: Memorandum Opinion and Order Re Defendant-Intervenors' Motion for Reconsideration of the Order Denying Request to Modify Scheduling Order that was issued in USDC-Eastern District of CA on 8/25/06. (jse)
|
|
|
 |
|
|
107 |
Filed: 8/23/2006, Entered: 8/24/2006 |
Stipulation |
|
SECOND AMENDED STIPULATION and Protective Order Regarding Handling of Confidential Information (Pursuant to [106] Text Only Order on Motion for Protective Order). (jam)
|
|
|
 |
|
|
106 |
Filed: 8/23/2006, Entered: 8/23/2006 |
Order on Motion for Protective Order |
|
ORDER granting [105] Stipulated Motion for Protective Order. Signed by Judge William K. Sessions III on 08/23/06. (This is a text only Order.) (eae)
|
|
|
 |
|
|
105 |
Filed: 8/23/2006, Entered: 8/23/2006, Terminated: 8/23/2006 |
Motion for Protective Order |
|
STIPULATED MOTION for the Entry of a Protective Order by all parties. (Attachments: # (1) Proposed Amended Stipulation and Protective Order)(jse)
|
|
|
 |
|
|
104 |
Filed: 8/17/2006, Entered: 8/17/2006 |
Order on Motion for Admission Pro Hac Vice |
|
ORDER granting [100] Motion for Admission Pro Hac Vice of Yueh-Ru Chu and Andrew G. Frank. Signed by Judge William K. Sessions III on 08/17/06. (This is a text only Order.) (eae)
|
|
|
 |
|
|
99 |
Filed: 8/15/2006, Entered: 8/15/2006 |
Discovery Certificate - Disclosure of Experts |
|
DISCOVERY CERTIFICATE - Expert Witness Disclosures by Thomas W. Torti.(jse)
|
|
|
 |
|
|
96 |
Filed: 7/28/2006, Entered: 7/28/2006 |
Order on Motion for Extension of Time to File Resp |
|
ORDER granting as unopposed [78] Motion for Extension of Time to File Response/Reply as to [48] MOTION to Dismiss for Lack of Jurisdiction. Signed by Judge William K. Sessions III on 07/28/06. (This is a text only Order.) (eae)
|
|
|
 |
|
|
-- |
Filed: 7/28/2006, Entered: 8/1/2006 |
set motion and R&R; deadlines/hearings |
|
Reset Deadlines as to [48] MOTION to Dismiss for Lack of Jurisdiction. Replies due by 7/24/2006. (jam, )
|
|
|
 |
|
|
103 |
Filed: 7/27/2006, Entered: 8/16/2006 |
Answer |
|
ANSWER of Intervenor-Applicants State of New York and Denise M. Sheehan, in her Official Capacity as Commissioner of Environmental Conservation of the State of New York, to the Complaint filed by the Association of International Automobile Manufacturers.(jlh)
|
|
|
 |
|
|
102 |
Filed: 7/27/2006, Entered: 8/16/2006 |
Affidavit |
|
AFFIDAVIT of Yueh-Ru Chu in support of [100] MOTION for Appearance Pro Hac Vice of Yueh-Ru Chu. (jlh)
|
|
|
 |
|
|
101 |
Filed: 7/27/2006, Entered: 8/16/2006 |
Affidavit |
|
AFFIDAVIT of Andrew G. Frank in support of [100] MOTION for Appearance Pro Hac Vice of Andrew Frank. (jlh)
|
|
|
 |
|
|
100 |
Filed: 7/27/2006, Entered: 8/16/2006, Terminated: 8/17/2006 |
Motion for Appearance Pro Hac Vice |
|
MOTION for Appearance Pro Hac Vice of Yueh-Ru Chu and Andrew G. Frank by Denise M. Sheehan and the State of New York. Responses due by 8/10/2006. Note: 3 additional days will be allowed for mailing. See 2005 Amendment to Fed. R. Civ. P. 6e, effective Dec. 1, 2005. (jlh)
|
|
|
 |
|
|
98 |
Filed: 7/27/2006, Entered: 8/11/2006 |
Answer |
|
ANSWER to Complaint by Denise M. Sheehan and State of New York.(jlh)
|
|
|
 |
|
|
97 |
Filed: 7/27/2006, Entered: 7/31/2006 |
Pretrial Conference - Interim |
|
MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Rule 16 Conference held on 7/27/2006. R. Hemley (via phone), A. Clubok, M. Byrne, S. Drake, C. Haake and J. Behm present for pltfs; K. Leske, B. Kuster, D. Doniger (via phone) present for dfts; J. Sipos and A. Frank present for interv-dfts. Statements by counsel on outstanding issues and motions. ORDERED: [80] MOTION to Intervene filed by State of New York, Denise M. Sheehan GRANTED; [74] MOTION to Modify Discovery Schedule and MOTION for Hearing filed by Jeffrey Wennberg, Thomas W. Torti, Richard Valentinetti GRANTED; [48] MOTION to Dismiss taken under advisement. (Court Reporter: Nichols.) (jam)
|
|
|
 |
|
|
95 |
Filed: 7/27/2006, Entered: 7/27/2006 |
Order on Motion for Admission Pro Hac Vice |
|
ORDER granting [91] Motion for Admission of David Bookbinder Pro Hac Vice, granting [93] Motion for Admission of David D. Doniger Pro Hac Vice. Signed by Judge William K. Sessions III on 07/27/06. (This is a text only Order.) (eae)
|
|
|
 |
|
|
-- |
Filed: 7/27/2006, Entered: 7/31/2006 |
Motions Taken Under Advisement |
|
Motion Taken Under Advisement: [48] MOTION to Dismiss for Lack of Jurisdiction (jam, )
|
|
|
 |
|
|
94 |
Filed: 7/26/2006, Entered: 7/27/2006 |
Affidavit |
|
AFFIDAVIT of David D. Doniger in support of [93] MOTION for Appearance Pro Hac Vice by Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Vermont Public Interest Research Group. (jlh)
|
|
|
 |
|
|
93 |
Filed: 7/26/2006, Entered: 7/27/2006 |
Motion for Appearance Pro Hac Vice |
|
MOTION for Appearance Pro Hac Vice of David Doniger by Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Vermont Public Interest Research Group. Responses due by 8/9/2006. Note: 3 additional days will be allowed for mailing. See 2005 Amendment to Fed. R. Civ. P. 6e, effective Dec. 1, 2005. (jlh)
|
|
|
 |
|
|
92 |
Filed: 7/26/2006, Entered: 7/27/2006 |
Affidavit |
|
AFFIDAVIT of David Bookbinder in support of [91] MOTION for Appearance Pro Hac Vice by Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Vermont Public Interest Research Group. (jlh)
|
|
|
 |
|
|
91 |
Filed: 7/26/2006, Entered: 7/27/2006, Terminated: 7/27/2006 |
Motion for Appearance Pro Hac Vice |
|
MOTION for Appearance Pro Hac Vice of David Bookbinder by Conservation Law Foundation, Environmental Defense, Natural Resources Defense Council, Sierra Club, Vermont Public Interest Research Group. Responses due by 8/9/2006. Note: 3 additional days will be allowed for mailing. See 2005 Amendment to Fed. R. Civ. P. 6e, effective Dec. 1, 2005. (jlh)
|
|
|
 |
|
|
90 |
Filed: 7/26/2006, Entered: 7/26/2006 |
Response in Opposition to Motion |
|
RESPONSE in Opposition to [74] MOTION to Modify the Joint Proposed Discovery Schedule/Order filed by The Association of International Automobile Manufacturers. (jlh)
|
|
|
 |
|
|
89 |
Filed: 7/26/2006, Entered: 7/26/2006 |
Reply |
|
CONSOLIDATED MEMORANDUM of Plaintiffs in Sur-reply to Defendants and Defendant-Intervenor's Reply Brief in Support of Motion to Dismiss. (jlh)
|
|
|
 |
|
|
88 |
Filed: 7/25/2006, Entered: 7/26/2006 |
Affidavit |
|
DECLARATION of Matthew Byrne re: [87] Response in Opposition to Motion by plaintiffs Green Mountain Chrysler Plymouth Dodge Jeep, et al. (Attachments: # (1) Exhibit A# (2) Exhibit B)(jse)
|
|
|
 |
|
|
87 |
Filed: 7/25/2006, Entered: 7/26/2006 |
Response in Opposition to Motion |
|
RESPONSE in Opposition re [74] MOTION to Modify the Discovery Schedule Order filed by Plaintiffs Green Mountain Plymouth Dodge Jeep, et al. (jse)
|
|
|
 |
|
|
86 |
Filed: 7/24/2006, Entered: 7/25/2006 |
Reply to Response to Motion |
|
REPLY to Both Sets of Plaintiffs' Opposition to [48] MOTION to Dismiss for Lack of Jurisdiction filed by defendants Thomas W. Torti, et al. (jse)
|
|
|
 |
|
|
85 |
Filed: 7/24/2006, Entered: 7/24/2006 |
Notice of Hearing. |
|
NOTICE of Hearing: Rule 16 Pretrial Conference set for 7/27/2006 at 1:00 PM in Burlington Courtroom 542 before Judge William K. Sessions III. Cy to non-NEF parties (jam). Modified on 7/25/2006 (jmm).
|
|
|
 |
|
|
84 |
Filed: 7/20/2006, Entered: 7/20/2006 |
~Notice (other) |
|
REQUEST FOR JUDICIAL NOTICE by Thomas W. Torti, Jeffrey Wennberg, Richard Valentinetti. (Attachments: # (1) Order from USDC-EDCA)(jse, )
|
|
|
 |
|
|
83 |
Filed: 7/17/2006, Entered: 7/17/2006 |
Notice of Appearance |
|
NOTICE of APPEARANCE by Benjamin A. Krass on behalf of Environmental Defense, Natural Resources Defense Council and Sierra Club. (jse)
|
|
|
 |
|
|
82 |
Filed: 7/14/2006, Entered: 7/14/2006 |
Affidavit |
|
DECLARATION of Andrew G. Frank in support of [80] MOTION to Intervene by Denise M. Sheehan and State of New York. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E# (6) Exhibit F# (7) Exhibit G# (8) Exhibit H# (9) Exhibit I# (10) Exhibit J# (11) Exhibit K)(jlh )
|
|
|
 |
|
|
81 |
Filed: 7/14/2006, Entered: 7/14/2006 |
Memorandum in Support |
|
MEMORANDUM in support of [80] MOTION to Intervene by Denise M. Sheehan and State of New York. (jlh)
|
|
|
 |
|
|
80 |
Filed: 7/14/2006, Entered: 7/14/2006, Terminated: 7/27/2006 |
Motion to Intervene |
|
MOTION to Intervene by Denise M. Sheehan and the State of New York. Responses due by 7/28/2006. Note: 3 additional days will be allowed for mailing. See 2005 Amendment to Fed. R. Civ. P. 6e, effective Dec. 1, 2005. (jlh)
|
|
|
 |
|
|
79 |
Filed: 7/13/2006, Entered: 7/13/2006 |
Order on Motion for Protective Order |
|
ORDER granting [73] Stipulated Motion for Protective Order. Signed by Judge William K. Sessions III on 07/13/06. (This is a text only Order.) (eae)
|
|
|
 |
|
|
78 |
Filed: 7/13/2006, Entered: 7/13/2006, Terminated: 7/28/2006 |
Motion for Extension of Time to File Response/Repl |
|
UNOPPOSED MOTION for Extension of Time Within Which to Reply to Both Sets of Plaintiffs' Memorandums in Opposition to [48] MOTION to Dismiss for Lack of Jurisdiction by Thomas W. Torti, Jeffrey Wennberg, Richard Valentinetti. (law)
|
|
|
 |
|
|
77 |
Filed: 7/12/2006, Entered: 7/13/2006 |
Memorandum in Support |
|
MEMORANDUM by Defendant-Intervenors' in support of [74] MOTION to Modify the Joint Proposed Discovery Schedule/Order, MEMORANDUM IN SUPPORT and REQUEST for a Rule 16 Conference. (Attachments: # (1) Exhibit A (Part 1 of 2)# (2) Exhibit A (Part 2 of 2)# (3) Exhibit B)(law) Modified on 7/13/2006 (jmm). Modified on 7/26/2006 (jse, ).
|
|
|
 |
|
|
76 |
Filed: 7/12/2006, Entered: 7/13/2006 |
Memorandum in Support |
|
MEMORANDUM by Defendant-Intervenors' in support of [74] MOTION to Modify the Joint Proposed Discovery Schedule/Order, MEMORANDUM IN SUPPORT and REQUEST for a Rule 16 Conference. (Attachments: # (1) Exhibit A (1 of 2)# (2) Exhibit A (2 of 2)# (3) Exhibit B)(law) Modified on 7/26/2006 (jse).
|
|
|
 |
|
|
75 |
Filed: 7/12/2006, Entered: 7/13/2006 |
Affidavit |
|
LOCAL RULE 26.1 AFFIDAVIT of Kevin Leske in support of [74] MOTION to Modify the Joint Proposed Discovery Schedule/Order, and REQUEST for a Rule 16 Conference by Thomas W. Torti, Jeffrey Wennberg, Richard Valentinetti. (law)
|
|
|
 |
|
|
74 |
Filed: 7/12/2006, Entered: 7/13/2006 |
Motion to Modify |
|
MOTION to Modify the Joint Proposed Discovery Schedule/Order, MEMORANDUM IN SUPPORT and REQUEST for a Rule 16 Conference by Thomas W. Torti, Jeffrey Wennberg, Richard Valentinetti. Responses due by 7/26/2006. Note: 3 additional days will be allowed for mailing. See 2005 Amendment to Fed. R. Civ. P. 6e, effective Dec. 1, 2005. (EXHIBITS TOO VOLUMINOUS TO SCAN, available for viewing in the Clerk's Office.)(law) Modified on 7/13/2006 (jmm).
|
|
|
 |
|
|
73 |
Filed: 7/11/2006, Entered: 7/11/2006, Terminated: 7/13/2006 |
Motion for Protective Order |
|
STIPULATED MOTION for the Entry of a Protective Order by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Association of International Automobile Manufacturers, The, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Exhibit A)(law)
|
|
|
 |
|
|
70 |
Filed: 6/28/2006, Entered: 6/28/2006 |
Affidavit |
|
DECLARATION of Donald P. Wisehart in opposition to [48] MOTION to Dismiss for Lack of Jurisdiction by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC.. (law)
|
|
|
 |
|
|
67 |
Filed: 6/28/2006, Entered: 6/28/2006 |
Affidavit |
|
DECLARATION of Derek S. Bensten in opposition to [48] MOTION to Dismiss for Lack of Jurisdiction by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E# (6) Exhibit F (1 of 2)# (7) Exhibit F (2 of 2))(law)
|
|
|
 |
|
|
66 |
Filed: 6/28/2006, Entered: 6/28/2006 |
Affidavit |
|
DECLARATION of Alan R. Weverstad (confidential information redacted) in opposition to [48] MOTION to Dismiss for Lack of Jurisdiction by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC.. (law)
|
|
|
 |
|
|
65 |
Filed: 6/28/2006, Entered: 6/28/2006 |
Affidavit |
|
DECLARATION of Reginald R. Modlin (confidential information redacted) in Opposition to [48] MOTION to Dismiss for Lack of Jurisdiction by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (law)
|
|
|
 |
|
|
64 |
Filed: 6/28/2006, Entered: 6/28/2006 |
Affidavit |
|
DECLARATION of Thomas C. Austin re: [63] Memorandum in Opposition to [48] Motion to Dismiss for Lack of Jurisdiction by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC.. (Attachments: # (1) Exhibit A# (2) Exhibit B)(law)
|
|
|
 |
|
|
63 |
Filed: 6/28/2006, Entered: 6/28/2006 |
Response in Opposition to Motion |
|
MEMORANDUM in Opposition to [48] MOTION to Dismiss for Lack of Jurisdiction filed by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (law)
|
|
|
 |
|
|
61 |
Filed: 6/28/2006, Entered: 6/28/2006 |
Response in Opposition to Motion |
|
MEMORANDUM IN OPPOSITION to [48] MOTION to Dismiss for Lack of Jurisdiction filed by The Association of International Automobile Manufacturers. (Attachments: # (1) Exhibit A# (2) Exhibit A of A# (3) Exhibit B of A# (4) Exhibit C of A# (5) Exhibit D of A# (6) Exhibit B)(law )
|
|
|
 |
|
|
60 |
Filed: 6/27/2006, Entered: 6/27/2006 |
Discovery Certificate - Response to Request to Pro |
|
DISCOVERY CERTIFICATE - DaimlerChrysler Corporation, Alliance of Automobile Manufacturers, General Motors Corporation's Responses to First Set of Requests for Production and Alliance of Automobile Manufacturers' Response to First Set of Interrogatories.(law)
|
|
|
 |
|
|
59 |
Filed: 6/27/2006, Entered: 6/27/2006 |
Discovery Certificate - Answer to Interrogatories |
|
DISCOVERY CERTIFICATE - Responses to Defendant's First Set of Interrogatories by Daimlerchrysler Corporation, General Motors Corporation.(law)
|
|
|
 |
|
|
58 |
Filed: 6/22/2006, Entered: 6/22/2006 |
Notice of Appearance |
|
NOTICE of Appearance by Matthew Forte Pawa on behalf of Environmental Defense, Natural Resources Defense Council, Sierra Club. (law)
|
|
|
 |
|
|
57 |
Filed: 6/19/2006, Entered: 6/19/2006 |
Order on Motion for Extension of Time to File Resp |
|
ORDER granting [53] as unopposed Motion for Extension of Time Within Which to Respond to Defendants' Rule 12(h)(3) Motion to Dismiss for Lack of Jurisdiction, granting as unopposed [56] Plaintiff Association of International Automobile Manufacturers Unopposed Motion for Extension of Time to File Within Which To Respond to Defendants' Rulte 12(h)(3) Motion to Dismiss for Lack of Jurisdiction. Responses now due by June 26, 2006. Note: 3 additional days will be allowed for mailing. See 2005 Amendment to Fed. R. Civ. P. 6e, effective Dec. 1, 2005.Signed by Judge William K. Sessions III on 06/19/06. (This is a text only Order.) (eae)
|
|
|
 |
|
|
-- |
Filed: 6/19/2006, Entered: 6/20/2006 |
set motion and R&R; deadlines/hearings |
|
Set/Reset Deadlines as to [48] MOTION to Dismiss for Lack of Jurisdiction. Responses due by 6/26/2006. Note: 3 additional days will be allowed for mailing. See 2005 Amendment to Fed. R. Civ. P. 6e, effective Dec. 1, 2005. Pursuant to [57]. (law)
|
|
|
 |
|
|
56 |
Filed: 6/16/2006, Entered: 6/16/2006, Terminated: 6/19/2006 |
Motion for Extension of Time to File Response/Repl |
|
UNOPPOSED MOTION for Extension of Time Within Which to Respond to [48] MOTION to Dismiss for Lack of Jurisdiction by The Association of International Automobile Manufacturers. (law)
|
|
|
 |
|
|
55 |
Filed: 6/16/2006, Entered: 6/16/2006 |
Discovery Certificate - Response to Request to Pro |
|
DISCOVERY CERTIFICATE - Responses to First Set of Requests for Production of Documents and Responses to First Set of Interrogatories by Daimlerchrysler Corporation, General Motors Corporation, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC.(law) Modified on 6/19/2006 (jse).
|
|
|
 |
|
|
54 |
Filed: 6/16/2006, Entered: 6/16/2006 |
Discovery Certificate - Response to Request to Pro |
|
DISCOVERY CERTIFICATE - Responses to Plaintiffs' First Request for Production of Documents, Responses to Plaintiffs' First Set of Interrogatories and Defendants' First Production of Documents by Thomas W. Torti, Jeffrey Wennberg, Richard Valentinetti.(law)
|
|
|
 |
|
|
53 |
Filed: 6/15/2006, Entered: 6/15/2006, Terminated: 6/19/2006 |
Motion for Extension of Time to File Response/Repl |
|
UNOPPOSED MOTION for Extension of Time Within Which to Respond to [48] MOTION to Dismiss for Lack of Jurisdiction by Alliance of Automobile Manufacturers, Daimlerchrysler Corporation, General Motors Corporation, Association of International Automobile Manufacturers, The, Green Mountain Chrysler-Plymouth-Dodge, Green Mountain Ford Mercury, Joe Tornabene's GMC. (law)
|
|
|
 |
|
|
52 |
Filed: 6/15/2006, Entered: 6/15/2006 |
~Notice (other) |
|
NOTICE of Withdrawal as Attorney by Erick Titrud for Thomas W. Torti, Jeffrey Wennberg, Richard Valentinetti. (law)
|
|
|
 |