| Date |
Description |
Notes |
|
08/22/2008
|
Notice of appeal lodged/received.
|
dtd Aug 15, 2008; Nursery Products, LLC
|
|
08/22/2008
|
Letter to counsel - 10 days to file case information statement.
|
Nursery Products, LLC
|
|
08/22/2008
|
Default notice sent-appellant notified per rule 8.100(c).
|
Nursery Products, LLC
|
|
08/26/2008
|
Filing fee.
|
Nursery Products, LLC
|
|
08/27/2008
|
Returned document for non-conformance.
|
ccis by rpi/applt missing part 3 (Nursery Products, LLC)
|
|
08/28/2008
|
Certificate of interested entities or persons filed by:
|
appellant (Nursery Products, LLC)
|
|
08/28/2008
|
Received document entitled:
|
civil case info statement (Nursery Products, LLC)
|
|
08/28/2008
|
To court.
|
CCIS (Nursery Products, LLC) & file folder
|
|
09/17/2008
|
Notice of appeal lodged/received.
|
CROSS-APPEAL dtd Sep 9, 2008; Center for Biological Diversity & Helphinkley
|
|
09/17/2008
|
Letter to counsel - 10 days to file case information statement.
|
Center for Biological Diversity & Helphinkley
|
|
09/17/2008
|
Default notice sent-appellant notified per rule 8.100(c).
|
Center for Biological Diversity et al.
|
|
09/23/2008
|
Civil case information statement filed.
|
Nursery Products, LLC
|
|
09/25/2008
|
Returned document for non-conformance.
|
CCIS re Center for Biological Diversity & Helphinkley - missing part III.
|
|
09/25/2008
|
Certificate of interested entities or persons filed by:
|
Center for Biological Diversity & Helphinkley
|
|
09/29/2008
|
Returned document for non-conformance.
|
stip re briefing sequence - document not approved for fax filing.
|
|
09/30/2008
|
Default letter sent; no case information statement filed.
|
|
|
09/30/2008
|
Proposed briefing sequence filed by:
|
Nursery Products, LLC.
|
|
09/30/2008
|
To court.
|
stip regarding briefing sequence by Nursery Products, LLC & file folder
|
|
10/02/2008
|
Received document entitled:
|
civil case info statement (Center for Biological Diversity & Helphinkley).
|
|
10/02/2008
|
To court.
|
CCIS (Center for Biological Diversity & Helphinkley)
|
|
10/03/2008
|
To presiding justice for signature.
|
Proposed order
|
|
10/03/2008
|
Civil case information statement filed.
|
Center for Biological Diversity & Helphinkley
|
|
10/03/2008
|
Order filed.
|
Crt takes judicial ntc of S. B. Superior Crt register of actions, attached to this order, which indicates that the cross appeal was received by S.B. Superior Crt on Sep 5, 2008. Ntc of appeal filed by Center is deemed filed Sep 5, 2008. (see order)
|
|
10/09/2008
|
To presiding justice for signature.
|
Proposed order
|
|
10/09/2008
|
Briefing sequence order filed.
|
Crt approves the stip as to proposed briefing sched & briefing shall be as follows:
1. Applnt (Nursery's) AOB due 45 days after record is filed.
2. Applnts (Center) XAOB/RB on or before 60 days after Nursery's AOB filed.
3. Applnt Nursery's XRB/ARB due on or before 60 days after Center's XAOB/RB.
4. Applnts (Center) to file XARB on or before 30 days after applnt Nursery's XRB/ARB.
No further extns.
|
|
11/07/2008
|
Certificate of interested entities or persons filed by:
|
Nursery Products, LLC (RPI and applnt).
(by fax)
|
|
12/04/2008
|
Notice to reporter to prepare transcript.
|
Dtd Dec 2, 2008; CSR Foster, Anderson
|
|
01/06/2009
|
Record on appeal filed.
|
C-3, R-1
|
|
01/08/2009
|
Letter sent to counsel re:
|
ntc dtd Jan 6, 2009 should read AOB due w/n 45 days. Due to clerical inadvertance the ltr said AOB due w/n 30 days.
|
|
02/24/2009
|
Appellant's opening brief.
|
Real Party in Interest and Appellant: Nursery Products, LLC
Attorney: Lisabeth Deborah Rothman
|
|
02/24/2009
|
Request for judicial notice filed.
|
by real party in interest and applnt (Nursery Products, LLC)
|
|
02/24/2009
|
Filed:
|
2 volumes re declarations & exhibits 1-5 in support of real party in interest and applnt's (Nursery Products, LLC) mtn rqstg jud ntc.
|
|
03/02/2009
|
Exhibit request rule 8.224 by:
|
appellant Nursury Products, LLC
|
|
03/05/2009
|
Requested - extension of time
|
to oppose real party in interest's (Nursery Products, LLC) rqst for judicial ntc by plaintiff and applnts (Center for Biological Diversity & Helphinkley. org).
(by fax)
|
|
03/05/2009
|
To court.
|
Plaintiff and applnts' (Center for Biological Diversity & Helphinkley.org) extn rqst to oppose rpi's (Nursery Products, LLC) rqst for judicial ntc.
|
|
03/09/2009
|
Errata filed to:
|
Motion requesting judicial ntc in support of RPI, Applnt, & cross-Resp Nursery Products, LLC's Opening brief.
|
|
03/10/2009
|
To presiding justice for signature.
|
Proposed order
|
|
03/11/2009
|
Granted - extension of time.
|
to oppose real party in interest's (Nursery Products, LLC) rqst for judicial ntc by plaintiff and applnts (Center for Biological Diversity & Helphinkley. org) on or before Mar 16, 2009, granted. No further extns, etc.
|
|
03/16/2009
|
Opposition filed.
|
to Nursery products, LLC's mtn rqstg judicial ntc.
|
|
03/16/2009
|
To court.
|
Ntc of mtn & mtn rqstg jud ntc by real party in interest and applnt (Nursery Products, LLC) w/2 volumes of declarations & exhibits re mtn for jud ntc & oppo thereto by plaintiffs and applnts (Center for Biological Diversity and Helphinkley.org).
|
|
03/16/2009
|
Voice Mail message for:
|
Center for Biological Diversity and Helphinkley.org re proof of service attached to mtn rqstg judicial ntc has an incorrect address for Nursery Products LLC.
|
|
03/17/2009
|
Change of address filed for:
|
Lisabeth Deborah Rothman
old address 1: 11911 San Vicente Blvd., Ste. 350
new address 1: 2029 Century Park East, Suite 2100
old zip: 90049
new zip: 90067
|
|
03/20/2009
|
To presiding justice for signature.
|
Proposed order
|
|
03/23/2009
|
Ruling on request for judicial notice deferred
|
for consideration w/appeal. The parties may discuss matters of which judicial ntc is rqstd in any briefs.
|
|
04/01/2009
|
Change of address filed for:
|
Ingrid Margaret Brostrom
old address 1: 47 KearnyJefferson St., Suite 2
new address 1: 47 Kearny Street, Suite 804
old city: Delano
new city: San Francisco
old zip: 93215
new zip: 94108
old phone: (661) 720-9140
new phone: (415) 346-4179
old fax: (661) 720-9483
new fax: (415) 346-8723
|
|
04/03/2009
|
Filed proof of service.
|
amended to show cnty cnsl for S.B. was served w/change of address for Center on Race, Poverty & the Enviroment.
|
|
04/27/2009
|
Telephone conversation with:
|
Bart Brizzee, county cnsl re RB. Will file a joinder to Nursery Products, LLC.
|
|
04/27/2009
|
Respondent's brief.
|
Plaintiff and Respondent: Center for Biological Diversity
Attorney: Helen Haekyong Kang
Attorney: Ingrid Margaret Brostrom
Plaintiff and Respondent: HELPHINKLEY.ORG
|
|
04/27/2009
|
Request for dismissal filed.
|
by applnts Center for Biological Diversity & Helphinkley.org.
|
|
04/28/2009
|
To presiding justice for signature.
|
Proposed order
|
|
04/30/2009
|
Dismissal order filed.
|
partial as to appeal filed Sep 9, 2008 by Center for Biological Diversity et al. Appeal as to Nursery Products, LLC to remain in full force and effect.
|
|
04/30/2009
|
Remittitur issued.
|
PARTIAL as to Center for Biological Diversity & Helphinkley.org.
|
|
04/30/2009
|
Filed proof of service.
|
re RB; Center for Biological Diversity & Helphinkley.org to show 4 copies to supreme crt.
|
|
05/08/2009
|
To presiding justice for signature.
|
Proposed order
|
|
05/12/2009
|
Order filed.
|
On crt's own mtn, remittitur issued Apr 30, 2009, recalled. Superior crt clk to rtn remittitur to this crt clk to cancel. Clk of this crt to immediately issue a new remittitur that awards costs.
|
|
05/12/2009
|
Received document entitled:
|
civil case info statement.
|
|
05/15/2009
|
To presiding justice for signature.
|
Proposed order w/file folder in E048234
|
|
05/15/2009
|
Filed order consolidating with case:
|
E048234 for o/a & decision. E046463 is master file. In E048234 the appeal as to the Feb 19, 2009, ruling on mtn for atty's fees, dismissed. The appeal as to Feb 19, 2009 ruling on mtn to strike or tax costs appears to be valid. Applnt to file ltr memo & conformed copy of appealable judgment on or before 15 days informing crt whether order includes County of S.B.
|
|
06/02/2009
|
Filed letter from:
|
RPI and applnt informing crt whether order includes County of S.B. per order dtd May 15, 2009. (in E048234)
|
|
05/27/2009
|
Filed joinder to:
|
AOB filed by Nursery Products * Denied per 6*9*09 order San Bernardino is not a party
|
|
06/02/2009
|
Telephone conversation with:
|
Nursery Products re ARB due 30 days not 60 days after County's joinder to AOB by Nursery. (blc)
|
|
06/05/2009
|
Original remittitur received and cancelled.
|
Partial dtd Apr 30, 2009.
|
|
06/05/2009
|
Remittitur issued.
|
PARTIAL as to Center for Biologicial Diversity et al.
|
|
06/05/2009
|
To presiding justice for signature.
|
Proposed order w/file folder in E048234.
|
|
06/09/2009
|
Order filed.
|
In E046463, county may not file nor join in an opening brief since Center for Biological Diversity has dismissed its cross-appeal: County is no longer a respondent on appeal in E048234. County has not filed a ntc of appeal. Consequently, County is not a party to these appeals and is not entitled to participate in the briefing or oral argument, and County's joinder in the AOB is denied. In E048234 applnt's mtn filed May 29, 2009 to vacate dismissal and reinstate appeal filed Apr 24, 2009 as to February 19, 2009 ruling and order on mtn for atty's fees, granted. Dismissal is vacated and appeal reinstated. Crt construes the ntc of appeal to have been taken as to the Apr 13, 2009 order in addition to the Feb 19, 2009 order granting applnt's mtn to strike or tax costs. (see order)
|
|
06/09/2009
|
Note:
|
ordered admin record: 27 vols
|
|
06/12/2009
|
Administrative record received **********.
|
vols 1 - 27 contained in 9 boxes
|
|
06/29/2009
|
Request for judicial notice filed.
|
by applnt
|
|
06/29/2009
|
Appellant's reply brief.
|
Real Party in Interest and Appellant: Nursery Products, LLC
Attorney: Lisabeth Deborah Rothman
|
|
06/29/2009
|
Case fully briefed.
|
|
|
07/06/2009
|
Filed proof of service.
|
Amended re ARB to show service to respondent @ San Francisco address instead of Delano address.
|
|
07/06/2009
|
Filed proof of service.
|
Amended re mtn requesting jud ntc to show service to respondent @ San Francisco address instead of Delano address.
|
|
07/06/2009
|
Motion filed.
|
for calendar preference & to sever appeals.
|
|
07/13/2009
|
Opposition filed.
|
to mtn by applnt's requesting jud ntc by respondents.
|
|
07/13/2009
|
To court.
|
Req for jud ntc by applnt & respondents' oppo thereto.
|
|
07/20/2009
|
Opposition filed.
|
To applnt's mtn for calendar preference and to sever appeals.
|
|
07/22/2009
|
To court.
|
Mtn for calendar preference/sever appeals by applnt, oppo to applnt's mtn for calendar preference/sever appeals by respondent, applnt's reply to respondents' oppo to mtn for calendar preference/sever appeals & file folder.
|
|
07/24/2009
|
Reply filed to:
|
respondents' oppo to mtn for calendar preference/sever appeals by applnt.
|
|
08/03/2009
|
Order on motion filed.
|
Mtn to sever the appeals consolidated by order of this court filed 05/15/09 is denied. Parties are advised that no extensions to file any briefs in case E048234 will be granted. Parties are further notified that the case will be assigned & a tentative opinion prepared as expeditiously as possible. Therefore, the mtn for preference is denied as moot. (see order)
|
|
08/04/2009
|
Request for dismissal filed.
|
By applnt; Only as to its appeal of the 02/19/09 ruling and order on mtn to strike/tax costs. (in E048234)
|
|
08/04/2009
|
To court.
|
File folder w/file folder in E048234 and rqst for dismissal.
|
|
08/21/2009
|
Dismissal order filed.
|
Applnt Nursery Products, LLC's req for partial dismissal of appeal, granted. Appeal from Feb 19, 2009 order on mtn to strike or tax costs, dismissed & clk to issue partial remittitur forthwith. Appeal will proceed as to Feb 19, 2009 order on attys' fees & Apr 13, 2009 suppl order. (in E048234)
|
|
08/21/2009
|
Remittitur issued.
|
Partial as to appeal from Feb 19, 2009 order on mtn to strike or tax costs. The appeal as to Feb 19, 2009 order on attys' fees & Apr 13, 2009 suppl order shall remain in full force & effect. (in E048234)
|
|
08/07/2009
|
Filed proof of service.
|
revised re applnt's req for dismissal of costs indicating the service date as Aug 5, 2009.
|
|
11/02/2009
|
Motion to dismiss filed (after record).
|
by respondents.
|
|
11/02/2009
|
Request for judicial notice filed.
|
by respondents.
|
|
11/17/2009
|
Opposition filed.
|
to respondents' mtn to dismiss appeals.
|
|
11/17/2009
|
Request for judicial notice filed.
|
in support of applnt Nursery Products, LLC's oppo to respondents' mtn to dismiss appeals.
|
|
11/17/2009
|
To court.
|
Respondents' mtn to dismiss appeals, req for jud ntc in support of mtn to dismiss, oppo to respondents' mtn to dismiss appeals & req for jud ntc in support of applnt's oppo to mtn to dismiss appeals w/file folders in E046463 & E048234
|
|
11/25/2009
|
To presiding justice for signature.
|
Proposed order
|
|
12/02/2009
|
Order on motion filed.
|
Ruling reserved for consideration w/appeal on respondents' mtn to dismiss appeals on the merits in master file E046463 & on an attorney fees award in consolidated case E048234. Ruling is also reserved on the parties' reqs to take jud ntc filed Nov 2 & 17, 2009. Crt will also consider applnt's oppo filed Nov 17, 2009. (see order)
|
|
12/24/2009
|
Filed additional cites for oral argument.
|
by applnt Nursery Products, LLC dtd Dec 22, 2009.
|
