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Richland/Wilkin Joint Powers Authority v. United States Army Corps of Engineers et al, No. 0:13-cv-02262 (D. Minn.)
Case Title: Richland/Wilkin Joint Powers Authority v. United States Army Corps of Engineers et al
Case Type: Civil Case
Court: U.S. District Court for the District of Minnesota
Index Number(s): 0:2013cv2262, 0:13-cv-02262, 0:13-cv-02262-JRT-LIB
Nature of Suit: 893 Environmental Matters
Judge: John R. Tunheim
Magistrate Judge: Leo I. Brisbois
Case Opened: August 19, 2013
Docket Entries
Date Filed Dkt # Entry Text
Aug 14, 2014 90 MEMORANDUM, OPINION AND ORDER 1)Granting defendant's 53 Motion for Preliminary Injunction as follows: a) The parties in this action and their officers, agents, and employees, and all others acting in concert or participation with them are enjoined from prosecuting and pursuing relief in the lawsuit filed June 13, 2014 by Plaintiff in the State of Minnesota District Court, Eighth Judicial District, County of Wilkin. b) This injunction shall re main in effect until a final judgment is entered in this action and all appellate rights are exhausted or until further order of the Court. 2) Granting Minnesota Department of Natural Resources 76 Motion to Appear as Amicus Curiae (Written Opinion). Signed by Judge John R. Tunheim on August 14, 2014. (DML)
Document
May 13, 2015 193 MEMORANDUM OPINION AND ORDER granting 122 Richland/Wilkin Joint Powers Authority's Motion for Preliminary Injunction until further order of this Court; granting 141 federal defendants' Partial Motion to D ismiss; granting in part and denying in part 145 the Fargo-Moorhead Flood Diversion Board of Authority's Motion to Dismiss; granting 185 the State of North Dakota's Motion to Appear as Amicus Curiae. (Written Opinion). Signed by Judge John R. Tunheim on May 13, 2015. (HAZ)
Document
Jun 24, 2015 238 MEMORANDUM OPINION AND ORDER denying 197 Motion to Stay the Court's 197 preliminary injunction order; waiving security requirement of Fed. R. Civ. P. 65(c); granting State of Minnesota's 202 Motion to Appear as Amicus Curiae (Written Opinion). Signed by Judge John R. Tunheim on June 24, 2015. (DML)
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Jul 8, 2015 275 MEMORANDUM OPINION AND ORDER granting 243 Motion to Intervene (Written Opinion). Signed by Chief Judge John R. Tunheim on July 8, 2015. (HAZ)
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Jul 28, 2015 287 MEMORANDUM OPINION AND ORDER granting 252 Motion to Clarify the Preliminary Injunction Order. The Preliminary Injunction entered against the Fargo-Moorhead Flood Diversion Board of Authority on May 13, 2015 193 is MODIFIED, at Paragraph 4 of Page 53, as noted in this Order.(Written Opinion) Signed by Chief Judge John R. Tunheim on July 28, 2015. (DML)
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Mar 31, 2016 320 MEMORANDUM OPINION AND ORDER denying plaintiff's 254 Motion for Summary Judgment on Counts I and II; granting defendant Fargo-Moorhead Flood Diversion Board of Authority's 298 Cross Motion for Summary Judgment on Counts I and II; granting defendant U.S. Army Corps of Engineers 300 Motion for Summary Judgment on Counts I and II. (Written Opinion) Signed by Chief Judge John R. Tunheim on March 31, 2016. (DML)
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Dec 16, 2016 373 ORDER relating to the 344 Motion to Reinstate U.S. Army Corps of Engineers as an Active Defendant and to Supplement Pleadings. The Court directs the U.S. Army Corps of Engineers to respond to the following questions: (1) whether the Court has aut hority to reinstate the U.S. Army Corps of Engineers as an active defendant pursuant to Fed. R. Civ. P. 60(b), and if so (2) whether Plaintiff met its burden to show reinstatement is appropriate under Fed. R. Civ. P. 60(b)(2), (b)(5), or (b)(6). (Written Opinion). Signed by Chief Judge John R. Tunheim on December 16, 2016. (DML)
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Jan 13, 2017 398 MEMORANDUM OPINION AND ORDER granting 382 Minnesota Department of Natural Resources' Motion to Intervene (Written Opinion). Signed by Chief Judge John R. Tunheim on January 13, 2017. (HAZ)
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Feb 24, 2017 408 MEMORANDUM OPINION AND ORDER:1) Richland/Wilkin Joint Powers Authority's 341 Motion for Partial Summary Judgment is DENIED and DISMISSED without prejudice; 2) Richland/Wilkin Joint Powers Authority's 344 Motion to Reinstate the U.S . Army Corps of Engineers as an Active Defendant and to Supplement the Pleadings is GRANTED in part and DENIED in part. a. The motion is GRANTED as to reinstatement of the U.S. Army Corps of Engineers as an active defendant and as to reinstatement of the NEPA claim against the U.S. Army Corps of Engineers. b. The motion is DENIED as to the reinstatement of the NEPA claim against the Fargo-Moorhead Flood Diversion Board of Authority. c. The motion is DENIED as to the reinstatement of the st ate and local permitting law claim against the Fargo-Moorhead Flood Diversion Board of Authority. d. The motion is GRANTED as to leave for Richland/Wilkin Joint Powers Authority and the Minnesota Department of Natural Resources to file supplemental pleadings.; 3) Fargo-Moorhead Flood Diversion Board of Authority's 351 Motion for Summary Judgment is DENIED and DISMISSED without prejudice; 4) Fargo-Moorhead Flood Diversion Board of Authority's 365 Motion for Summary Judgment Judgment and to Lift the Preliminary Injunction is DENIED in part, as follows: a. The motion is DENIED as to City of Oxbow's request for summary judgment. This portion of the motion is DISMISSED without prejudice. b. The Court declines to resolve at this time the portion of the motion requesting the lifting of the preliminary injunction. The parties are ordered to meet with the Magistrate Judge within two (2) weeks after the supplemental pleadings are filed and discuss whether they can stipulate that, although the Oxbow, Hickson, and Bakke ring levee is part of the Project, the ring levee has independent significance to provide immediate flood protection such that the preliminary injunction can be lifted.; (Written Opinion) Signed by Chief Judge John R. Tunheim on February 24, 2017. (DML)
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Sep 7, 2017 530 MEMORANDUM AND OPINION AND ORDER: Granting Defendant-Intervenor Fargo-Moorhead Flood Diversion Board of Authoritys Motion to Dismiss 451 ; Dismissing with prejudice Count IV of Richland/Wilkin Joint Powers Authoritys Fourth Amended Complaint 419 a s applied to the Diversion Authority; Granting in part and denying in part Defendant U.S. Army Corps of Engineers Motion to Dismiss 445 ; Granting Plaintiff JPAs Motion for a Preliminary Injunction 412 and Plaintiff-Intervenor Minnesota Department of Natural Resources Motion for a Preliminary Injunction 425 . The Clerk shall enter judgment on this motion; Denying Plaintiff JPAs Motion for Sanctions 505 . (Written Opinion). Signed by Chief Judge John R. Tunheim on 09/07/2017. (JMK)
Document
Dec 10, 2018 Main Document
Order/Notice to Attorney
Jan 25, 2019 598 ORDER: IT IS HEREBY ORDERED that the Fargo-Moorhead Flood Diversion Authority and the Army Corps of Engineers not commence construction on Plan B until further Order of the Court. This Order shall not affect construction projects that the Court has approved under the current injunction.(Written Opinion). Signed by Chief Judge John R. Tunheim on 1/25/2019. (JMK)
Document
Mar 5, 2019 Main Document
Order for Party to File Document/Respond to Court
Mar 12, 2019 Main Document
Order in Response to Letter/Request/E-mail
Apr 8, 2019 643 MEMORANDUM OPINION AND ORDER granting 615 the Diversion Authority's Motion to Modify or Dissolve the Preliminary Injunction and granting 623 the Corps' Motion to Alter/Amend/Correct Other Orders. (Written Opinion) Signed by Chief Judge John R. Tunheim on 4/8/2019. (HAZ)
Order on Motion for Miscellaneous Relief
Jul 1, 2019 Main Document
Order for Party to File Document/Respond to Court
Nov 22, 2019 646 STATUS REPORT (Joint Parties) by Minnesota Department of Natural Resources. (O'Donovan, Colin) (Entered: 11/22/2019)
Document
Nov 25, 2019 Main Document
x Order
Nov 25, 2019 647 (TEXT-ONLY) ORDER - ORDER FOR PARTY TO FILE DOCUMENT/RESPOND TO COURT. On November 22, 2019, the parties filed a Joint Status Letter 646 in which they requested a second extension of the stay in the present case until June 26, 2020, at which time the parties will file another Joint Status update with the Court. That request is GRANTED. The general stay in the present case is continued, subject to any specific activities or submissions as otherwise may be directed by the Court, and the parties are directed to file a Joint Status Letter on CM/ECF on or before June 26, 2020. Ordered by Magistrate Judge Leo I. Brisbois on 11/25/2019. (JLB) (Entered: 11/25/2019)
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Jun 26, 2020 648 STATUS REPORT (JOINT) by Minnesota Department of Natural Resources. (O'Donovan, Colin) (Entered: 06/26/2020)
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