County of Inyo v. Department of the Interior, Et Al.

Filing 113

ORDER DENYING WITHOUT PREJUDICE 92 Motion for Judgment and 95 Motion for Summary Judgment signed by Chief Judge Anthony W. Ishii on 09/09/2011. (Martin-Gill, S)

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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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COUNTY OF INYO,
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)
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Plaintiff,
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v.
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DEPARTMENT OF THE INTERIOR, )
et al.,
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Defendants
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SIERRA CLUB, et al.,
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Intervenors.
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____________________________________)

1:06-CV-1502 AWI DLB
ORDER REGARDING
MOTIONS FOR SUMMARY
JUDGMENT
(Documents #92 & #95)

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On September 9, 2010, Plaintiff filed a motion for summary judgment. This motion

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was originally set to be heard on November 22, 2010. On October 18, 2010, Defendants filed

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a motion for summary judgment, which was also set to be heard on November 22, 2010.

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Since October 18, 2010, the parties stipulated to continue the briefing schedule and hearing

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on these motions many times. Pursuant to the parties’ numerous stipulations, the motions are

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currently set to be heard on October 31, 2011.

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An administrative review of the docket in this action reveals that the pending motions

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for summary judgment have been administratively termed as outstanding motions.

Pursuant

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to the Civil Justice Reform Act, this court is not to delay ruling on a pending motion for more

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than six months.

Because the motions have been pending for close to a year, the court finds

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that in the interests of efficient case management the pending motions will be denied without

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prejudice. The parties may re-notice the motion and ask the court to consider all briefs and

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evidence already filed and honor the current briefing schedule.

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Accordingly, the court ORDERS that the parties’ motions for summary judgment are

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DENIED without prejudice.

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IT IS SO ORDERED.

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Dated:
0m8i78

September 9, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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