Opinion
IN EQUITY NO. C-125-RCJ-WGC SUBFILE NO. C-125-C 3:73-CV-00128-RCJ-WGC
02-08-2013
UNITED STATES OF AMERICA, Plaintiff, WALKER RIVER PAIUTE TRIBE, Plaintiff-Intervenor, v. WALKER RIVER IRRIGATION DISTRICT, a corporation, et al., Defendants. MINERAL COUNTY, Proposed Plaintiff-Intervenor, v. WALKER RIVER IRRIGATION DISTRICT, a corporation, et al., Proposed Defendants.
Simeon M. Herskovits, Nevada Bar No. 11155 Advocates for Community and Environment Sean A. Rowe, Nevada Bar No. 10977 Mineral County District Attorney Attorneys for Mineral County
ORDER CONCERNING STATUS OF
REMAINING PROPOSED
DEFENDANTS TO BE SERVED VIA
RULE 4 SERVICE
This Order follows Mineral County's filing of its Report Concerning Status of Rule 4 Service on Final List of Proposed Defendants, Case No. C-125, Subproceeding C-125-C (January 9, 2013, Doc. No. 654), its Supplement to January 9, 2013, Report Concerning Status of Rule 4 Service on Final List of Proposed Defendants, Case No. C-125, Subproceeding C-125-C (February 7, 2013, Doc. No. 662), and this Court's review of this matter during its Status Conference on February 7, 2013.
The Court hereby APPROVES AND ORDERS the relief requested therein by Mineral County.
Attachment A to this Order is a list of persons and entities for whom the Court has determined that SERVICE IS COMPLETE, based on the above Service Reports. Attachment B to this Order is a list of persons and entities who are hereby DISMISSED from this action pursuant to this Order. Attachment C to this Order is a list of persons and entities who are hereby substituted into this case as Proposed Defendants pursuant to this Order. Mineral County shall complete Rule 4 service as to the persons and entities listed in Attachment C in accordance with the Court's Order of August 2, 2013 (Doc. No. 605). Attachment D to this Order contains one correction to the caption in this case. Attachment E to this Order contains he final list of Proposed Defendants to be served pursuant to Fed. R. Civ. P. 4. In accordance with the Court's Order of August 2, 2012, (Doc. No. 605), Mineral County shall complete Rule 4 service on the persons and entities listed in Exhibit E by March 1, 2013. Mineral County shall file an updated caption reflecting the above ordered dismissals, substitutions, and correction by March 1, 2013.
IT IS SO ORDERED this 8th day of February , 2013.
______________
UNITED STATES MAGISTRATE JUDGE
Respectfully submitted this 7th day of February, 2013,
______________
Simeon M. Herskovits, Nevada Bar No. 11155
Advocates for Community and Environment
______________
Sean A. Rowe, Nevada Bar No. 10977
Mineral County District Attorney
Attorneys for Mineral County UNITED STATES OF AMERICA, Plaintiff,
WALKER RIVER PAIUTE TRIBE, Plaintiff-Intervenor,
v.
WALKER RIVER IRRIGATION DISTRICT, a corporation, et al., Defendants.
MINERAL COUNTY, Proposed Plaintiff-Intervenor,
v.
WALKER RIVER IRRIGATION DISTRICT, a corporation, et al., Proposed Defendants.
IN EQUITY NO. C-125-RCJ-WGC
SUBFILE NO. C-125-C
3:73-CV-00128-RCJ-WGC
ATTACHMENT A TO THE
ORDER CONCERNING STATUS OF
REMAINING PROPOSED
DEFENDANTS TO BE SERVED VIA
RULE 4 SERVICE: LIST OF
PROPOSED DEFENDANTS FOR
WHOM SERVICE IS COMPLETE
The Court has determined that service is complete upon the following persons and entities in this action pursuant to the Order Concerning Status of Remaining Proposed Defendants To Be Served Via Rule 4 Service:
1. Richard Taylor Adams
2. Arrache 1990 Living Trust, Ronald B. Arrache, Trustee
3. Juan and Carmel Arrache Family Trust, Ronald B. Arrache, Trustee
4. Kathy S. Blackford
5. Joseph M. Bozsik
6. Leslie Bradshaw
7. Pauline Bradshaw
8. Susan L. Brown
9. Jack E. Bush
10. Claudia C. Casey
11. Michael A. Casey
12. Centennial Livestock, A California General Partnership
13. Loretta L. Chesnutt
14. Richard W. Chesnutt
15. Heather Cooper
16. Jack Allen Cooper
17. Robert Lewis Cooper
18. Sandra K. Day
19. Stephen R. Day
20. Daniel E. & Cherryl A. Del Porto Family Trust, Daniel E. & Cherryl A. Del Porto, Trustees
21. Dixon Family 1994 Trust, Robert E. and Judith E. Dixon, Co-Trustees
22. Lona Marie Domenici-Reese
23. Tammy M. Dunn Revocable Family Trust dated January 29, 1997, Robert S. and Tammy M. Dunn, Trustees
24. Mario J. Durazzo
25. Brett A. Emery 1999 Revocable Trust UDT dated December 27, 1999, Brett A. Emery, Trustee
26. The Ewert Family 1995 Trust dated May 9, 1995, Lewis A. and Beverly J. Ewert, Trustees
27. Carmen Ferch
28. The Louis and Erma Flasko Family Trust dated June 4, 1981 and re-stated May 27, 1982, Joi Luene Blackenbury and Premier Trust, Co-Trustees
29. Betty Floyd
30. Frank Floyd
31. James T. Fousekis Intervivos Trust, James T. Fousekis, Trustee
32. Susana Cox Fousekis Intervivos Trust, James T. Fousekis, Trustee
33. Don Ray Gable
34. Arden Gerbig
35. Evilo J. Gerbig
36. Gordon Revocable Trust, dated June 24, 2002, Guy Gordon and Gaye Ekholm Gordon, Trustees
37. Marlene S. Greggersen
38. Jon W. Hopkins
39. Lisa M. Hopkins
40. Richard C. Huntsberger
41. Coale Robert Johnson
42. Casey M. Jones
43. Mary C. Jones
44. Mary E. Jurica
45. Esther I. Lamb
46. Michael E. Lamb
47. William David Manha
48. Dena L. Mattice
49. John E. Mattice
50. Joann A. McMinn
51. Robert L. McMinn
52. Mica Farms, LLC
53. Moreda Dairy
54. Morgan Family 1996 Trust, James R. Morgan, Trustee
55. Delores N. Munson
56. Nesmith Family Trust Agreement
57. Nevada Bighorns Unlimited
58. Peri & Peri, LLC
59. Presto Family Trust Agreement dated August 16, 1990
60. Rene Presto
61. James E. and Karen M. Purrell Family Trust
62. William S. & Charlotte F. Rauber Declaration of Trust
63. Lucy Rechel
64. Ritter Family Trust, John G. Jr. & Lucille, Trustees
65. Lucille Ritter
66. Sandra J. Robison
67. Romero Family Trust, Benito Antonio & Linda Irene Romero, Co- Trustees
68. Cherie C. Rye
69. Stephen B. Rye
70. Paul P. Sans
71. Keith Savage
72. Virginia Savage
73. Michael Duane Sceirine
74. Michael Sherlock
75. Sandra J. Shipley
76. Walter D. Shipley
77. Sierra Land & Sheep, LLC
78. Eunice Sjolin
79. The Grant B. and Gaila M. Smith 1996 Revocable Trust dated November 22, 1996
80. Travis S. Smith
81. Jim Snyder
82. Soilfume, Inc.
83. Sovereign Enterprises, LLC
84. Sweetwater Land & Cattle Company
85. Terschluse Family Trust, Robert William and Marie Louisa Terschluse, Trustees
86. Trust for Public Land
87. Vernon F. Bryan, Inc.
88. Lauren Ward
89. Mary Margaret Ward
90. Weaver Properties, LLC
91. The Weiser Living Trust dated February 28, 2002
92. Darlene S. Zipwald
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA
UNITED STATES OF AMERICA,
Plaintiff,
WALKER RIVER PAIUTE TRIBE,
Plaintiff-Intervenor, v.
WALKER RIVER IRRIGATION DISTRICT,
a corporation, et al.,
Defendants.
MINERAL COUNTY,
Proposed Plaintiff-Intervenor, v.
WALKER RIVER IRRIGATION DISTRICT,
a corporation, et al.,
Proposed Defendants.
The following persons and entities are DISMISSED, without prejudice, from this action pursuant to the Order Concerning Status of Remaining Proposed Defendants To Be Served Via Rule 4 Service:
1. Gregory Burton Adams
2. Norman Annett
3. Blanton Family Trust dated May 24, 1997
4. Vernon F. Bryan
5. Clearview Ranch
6. Desert Hills Dairy, LLC
7. Paul(a) A. Greggersen
8. Karen Lund Hardy
9. Patricia Hervin
10. Marjorie Ann Jones
11. Cecelia Perumean Trust, Peter Perumean Jr., Trustee
12. Patricia Simmons
13. Gilbert C. Wedertz
14. Arnold Settlemeyer
IN EQUITY NO. C-125-RCJ-WGC
SUBFILE NO. C-125-C 3:73-CV-00128-RCJ-WGC
ATTACHMENT B TO THE ORDER CONCERNING STATUS OF REMAINING PROPOSED DEFENDANTS TO BE SERVED VIA RULE 4 SERVICE: LIST OF PROPOSED DEFENDANTS TO BE DISMISSED UNITED STATES OF AMERICA, Plaintiff,
WALKER RIVER PAIUTE TRIBE, Plaintiff-Intervenor,
v.
WALKER RIVER IRRIGATION DISTRICT, a corporation, et al., Defendants.
MINERAL COUNTY, Proposed Plaintiff-Intervenor,
v.
WALKER RIVER IRRIGATION DISTRICT, a corporation, et al., Proposed Defendants.
IN EQUITY NO. C-125-RCJ-WGC
SUBFILE NO. C-125-C
3:73-CV-00128-RCJ-WGC
ATTACHMENT A TO THE
ORDER CONCERNING STATUS OF
REMAINING PROPOSED
DEFENDANTS TO BE SERVED VIA
RULE 4 SERVICE: LIST OF
PROPOSED DEFENDANTS FOR
WHOM SERVICE IS COMPLETE
The following persons and entities are SUBSTITUTED as Proposed Defendants in this action pursuant to the Order Concerning Status of Remaining Proposed Defendants To Be Served Via Rule 4 Service:
1. Norman W. & Kellie J. Annett Family Trust, Norman W. Annett and Kellie J. Annett, Co-Trustees (to be substituted for Norman Annett)
2. Sancho Rancho, LLC (to be substituted for Blanton Family Trust dated May 24, 1997, Christopher and Madelyn Blanton, Trustees)
3. David and Karen Hardy Family Trust, David E. and Karen L. Hardy, Trustees (to be substituted for Karen Lund Hardy) UNITED STATES OF AMERICA, Plaintiff,
WALKER RIVER PAIUTE TRIBE, Plaintiff-Intervenor,
v.
WALKER RIVER IRRIGATION DISTRICT, a corporation, et al., Defendants.
MINERAL COUNTY, Proposed Plaintiff-Intervenor,
v.
WALKER RIVER IRRIGATION DISTRICT, a corporation, et al., Proposed Defendants.
IN EQUITY NO. C-125-RCJ-WGC
SUBFILE NO. C-125-C
3:73-CV-00128-RCJ-WGC
ATTACHMENT A TO THE
ORDER CONCERNING STATUS OF
REMAINING PROPOSED
DEFENDANTS TO BE SERVED VIA
RULE 4 SERVICE: LIST OF
PROPOSED DEFENDANTS FOR
WHOM SERVICE IS COMPLETE
The Court has determined that the following correction to the caption in the above case shall be made pursuant to the Order Concerning Status of Remaining Proposed Defendants To Be Served Via Rule 4 Service:
1. Albert Raymond Sandoval is hereby removed from the caption as Trustee of Sandoval Family Trust U/D/T March 12, 2001, Albert Raymond and Cecilia Lillian Sandoval, Trustees. The Sandoval Family Trust U/D/T March 12, 2001, Cecilia Lillian Sandoval Trustee, will remain in the caption. UNITED STATES OF AMERICA, Plaintiff,
WALKER RIVER PAIUTE TRIBE, Plaintiff-Intervenor,
v.
WALKER RIVER IRRIGATION DISTRICT, a corporation, et al., Defendants.
MINERAL COUNTY, Proposed Plaintiff-Intervenor,
v.
WALKER RIVER IRRIGATION DISTRICT, a corporation, et al., Proposed Defendants.
IN EQUITY NO. C-125-RCJ-WGC
SUBFILE NO. C-125-C
3:73-CV-00128-RCJ-WGC
UNITED STATES OF AMERICA, Plaintiff,
WALKER RIVER PAIUTE TRIBE, Plaintiff-Intervenor,
v.
WALKER RIVER IRRIGATION DISTRICT, a corporation, et al., Defendants.
MINERAL COUNTY, Proposed Plaintiff-Intervenor,
v.
WALKER RIVER IRRIGATION DISTRICT, a corporation, et al., Proposed Defendants.
IN EQUITY NO. C-125-RCJ-WGC
SUBFILE NO. C-125-C
3:73-CV-00128-RCJ-WGC
ATTACHMENT E TO THE
ORDER CONCERNING STATUS OF
REMAINING PROPOSED
DEFENDANTS TO BE SERVED VIA
RULE 4 SERVICE:
FINAL LIST OF PROPOSED
DEFENDANTS TO BE SERVED
PURSUANT TO FED. R. CIV. P. 4
The following persons and entities are the final remaining Proposed Defendants to be served via Fed. R. Civ. P. 4 service pursuant to the Order Concerning Status of Remaining Proposed Defendants To Be Served Via Rule 4 Service:
1. State of California
2. Norman W. & Kellie J. Annett Family Trust, Norman W. Annett and Kellie J. Annett, Co-Trustees
3. Sancho Rancho, LLC
4. David and Karen Hardy Family Trust, David E. and Karen L. Hardy, Trustees