Rocky Mountain Farmers Union et al v. Goldstene

Filing 147

ORDER TO SET NEW BRIEFING SCHEDULE AND TO STAY OTHER DEADLINES signed by District Judge Lawrence J. O'Neill on December 20, 2010. (Lira, I)

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Rocky Mountain Farmers Union et al v. Goldstene Doc. 147 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Plaintiffs, 16 17 18 Defendants. 19 20 21 22 23 24 25 26 27 28 Doc. 105. Pursuant to this schedule, plaintiffs filed motions for summary judgment and preliminary 1 On October 13, 2010, United States Magistrate Judge Dennis L. Beck set the following briefing schedule by minute order: Plaintiffs' motion for preliminary injunction and motion for summary judgment shall be filed by November 1, 2010. Oppositions to Plaintiffs' motions, as well as any cross-motion or Rule 56(f) motion by Defendants, shall be filed by December 17, 2010. Plaintiffs' replies and any oppositions shall be filed by January 14, 2011. Defendants' replies shall be filed by February 1, 2011. All motions shall be heard on February 23, 2011, in Courtroom 4, at 8:30 a.m. before Judge O'Neill. and related intervenor and consolidated actions and amici curiae. / vs. JAMES N. GOLDSTENE, Executive Officer of the California Air Resources Board, ROCKY MOUNTAIN FARMERS UNION, REDWOOD COUNTY MINNESOTA CORN AND SOYBEAN GROWERS, PENNY NEWMAN GRAIN, INC., GROWTH ENERGY, RENEWABLE FUELS ASSOCIATION, REX NEDEREND, FRESNO COUNTY FARM BUREAU, NISEI FARMERS LEAGUE, and CALIFORNIA DAIRY CAMPAIGN, CASE NO. CV-F-09-2234 LJO DLB ORDER TO SET NEW BRIEFING SCHEDULE AND TO STAY OTHER DEADLINES IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 injunction on November 1, 2010. On December 17, 2010, defendants and intervenors filed a crossmotion for summary judgment and an opposition to plaintiffs' summary judgment motions. In addition, defendants and intervenors filed a motion to defer consideration or deny summary judgment pursuant to Fed. R. Civ. P. 56(d) (Doc. 137). In their motion, defendants and intervenors specify limited discovery needed to oppose plaintiffs' motions, including a set of interrogatories and one deposition. Defendants and intervenors propose a six-week continuance for this limited discovery. Defendants and intervenors set a hearing on the Fed. R. Civ. P. 56(d) motion for February 23, 2011 in accordance with the schedule set forth above. In the interest of judicial economy, however, this Court finds good cause exists to address defendants and intervenors Fed. R. Civ. P. 56(d) motion before considering the merits of the pending cross-motions for summary judgment and preliminary injunction motions. Accordingly, this Court ORDERS as follows: 1. Plaintiffs shall file an opposition to defendants' and intervenors Fed. R. Civ. P. 56(d) motion, if any, no later than January 6, 2011; 2. 3. Defendants and intervenors shall file a reply, if any, no later than January 13, 2011; Once the Court has read and reviewed the parties' arguments, the Court shall determine whether a hearing on the matter is necessary or whether to rule on the motion pursuant to Local Rule 230(g); 4. All other deadlines, including those in the October 13, 2010 briefing schedule and this Court's Clarification Regarding Amicus Curiae Briefing Deadline, are STAYED until this Court makes a determination on the pending Fed. R. Civ. P. 56(d) motion. IT IS SO ORDERED. Dated: b9ed48 December 20, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 2

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