Rocky Mountain Farmers Union et al v. Corey, et al

Filing 10

STIPULATION and ORDER allowing Plaintiffs to file second amended complaint for declaratory and injunctive relief signed by Magistrate Judge Dennis L. Beck on 1/26/2010. (Lundstrom, T)

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JONES HELSLEY PC

8365 N. Fresno Street, Suite 310 Post Office Box 28340 Fresno, California 93729 Telephone: [phone] Facsimile: [phone]

Timothy Jones #119841 John P. Kinsey #215916
Attorneys for: All Plaintiffs

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ROCKY MOUNTAIN FARMERS UNION; REDWOOD COUNTY MINNESOTA CORN AND SOYBEANS GROWERS; PENNY NEWMAN GRAIN, INC.; REX NEDEREND; GROWTH ENERGY and the RENEWABLE FUELS ASSOCIATION, Plaintiffs, v. JAMES N. GOLDSTENE, in his official capacity as Executive Officer of the California Air Resources Board, Defendant. Case No. 1:09-cv-02234-LJO-DLB STIPULATION AND ORDER ALLOWING PLAINTIFFS TO FILE SECOND AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

WHEREAS on December 23, 2009, Plaintiffs Rocky Mountain Farmers Union, Redwood County Minnesota Corn and Soybean Growers, Penny Newman Grain, Inc., Growth Energy, and Renewable Fuels Association (collectively "Plaintiffs") filed their Complaint for Declaratory and Injunctive Relief against Defendant James N. Goldstene, in his official capacity as Executive Officer of the California Air Resources Board ("Defendant") in this action. /// ///
{7011/005/00247533.DOC}

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STIPULATION AND [PROPOSED] ORDER ALLOWING PLAINTIFFS TO FILE SECOND AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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WHEREAS on January 11, 2010, Plaintiffs filed their First Amended Complaint for Declaratory and Injunctive Relief in this action, naming Rex Nederend as a Plaintiff in this action. WHEREAS Plaintiffs seek to file their Second Amended Complaint for Declaratory and Injunctive Relief, which adds the Nisei Farmers League, the Fresno County Farm Bureau, and the California Dairy Campaign as Plaintiffs in this action. WHEREAS a copy of Plaintiffs' proposed Second Amended Complaint for Declaratory and Injunctive Relief is attached hereto as Exhibit "A." IT IS HEREBY STIPULATED, by and between Plaintiffs and Defendant, by and through their respective counsel, that: 1. Plaintiffs Rocky Mountain Farmers Union, Redwood County Minnesota

Corn and Soybean Growers, Penny Newman Grain, Inc., Rex Nederend, Growth Energy, and Renewable Fuels Association should be granted leave to amend to file their Second Amended Complaint for Declaratory and Injunctive Relief, a copy of which is attached hereto as Exhibit "A." 2. Defendant's responsive pleading shall be due thirty (30) days after the

Second Amended Complaint for Declaratory and Injunctive Relief is filed. Dated: January 26, 2010 STATE OF CALIFORNIA, DEPARTMENT OF JUSTICE By: /s/ Mark Poole Mark Poole, Attorneys for Defendant

Dated: January 26, 2010

JONES HELSLEY PC By: /s/ Timothy Jones Timothy Jones, Attorneys for all Plaintiffs

{7011/005/00247533.DOC}

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STIPULATION AND [PROPOSED] ORDER ALLOWING PLAINTIFFS TO FILE SECOND AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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{7011/005/00247533.DOC}
DEAC_Signatu re -END: DEAC_Signatu re -END:

ORDER The Court having reviewed the foregoing Stipulation, and good cause appearing therefor: IT IS HEREBY ORDERED that Plaintiffs Rocky Mountain Farmers Union, Redwood County Minnesota Corn and Soybean Growers, Penny Newman Grain, Inc., Rex Nederend, Growth Energy, and Renewable Fuels Association are granted leave to amend to file their Second Amended Complaint for Declaratory and Injunctive Relief, a copy of which is attached hereto as Exhibit "A." IT IS ALSO ORDERED that Defendant's responsive pleading shall be due thirty (30) days after the Second Amended Complaint for Declaratory and Injunctive Relief is filed. IT IS FURTHER ORDERED that the Second Amended Complaint for Declaratory and Injunctive Relief is deemed filed as of the date of this Order. 3b142a IT IS SO ORDERED. Dated:

January 26, 2010

/s/ Dennis

L. Beck

UNITED STATES MAGISTRATE JUDGE 3b142a

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STIPULATION AND [PROPOSED] ORDER ALLOWING PLAINTIFFS TO FILE SECOND AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF