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

Filing 27

Stipulation And ORDER Granting Natural Resources Defense Council, Inc., Sierra Club, And Conservation Law Foundation Leave To Intervene #17 , signed by District Judge Lawrence J. O'Neill on 4/19/2010. (Scrivner, E)

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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.; FRESNO COUNTY FARM BUREAU; NISEI FARMERS LEAGUE; CALIFORNIA DAIRY CAMPAIGN; 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 GRANTING NATURAL RESOURCES DEFENSE COUNCIL, INC., SIERRA CLUB, AND CONSERVATION LAW FOUNDATION LEAVE TO INTERVENE

WHEREAS on January 28, 2010, Plaintiffs Rocky Mountain Farmers Union, Redwood County Minnesota Corn and Soybean Growers, Penny Newman Grain, Inc., Growth Energy, Renewable Fuels Association, Rex Nederend, Nisei Farmers League, the Fresno County Farm Bureau, and the California Dairy Campaign (collectively "Plaintiffs") filed their Second Amended Complaint for Declaratory and Injunctive Relief (the "Second Amended ///
{7011/005/00249675.DOC}

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STIPULATION AND [PROPOSED] ORDER GRANTING NATURAL RESOURCES DEFENSE COUNCIL, INC., SIERRA CLUB, AND CONSERVATION LAW FOUNDATION LEAVE TO INTERVENE

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Complaint") against Defendant James N. Goldstene, in his official capacity as Executive Officer of the California Air Resources Board ("Defendant") in this action. (Docket No. 11.) WHEREAS on March 24, 2010, Natural Resources Defense Council, Inc. ("NRDC"), Sierra Club, and Conservation Law Foundation (collectively the "Applicants") filed their Motion to Intervene in this action, pursuant to Rule 24 of the Federal Rules of Civil Procedure. (See Docket No. 17.) WHEREAS on March 31, 2010, Defendant filed its Motion to Dismiss the Second Amended Complaint in this action, which is scheduled for hearing on May 26, 2010. (See Docket No. 23.) WHEREAS Defendant is agreeable to affording Applicants leave to intervene, under the conditions stated below. IT IS HEREBY STIPULATED, by and between Plaintiffs, Defendant, and Applicants, by and through their respective counsel, that: 1. following conditions: a. Applicants shall coordinate their positions in this action with Applicants may be granted leave to intervene in this action under the

Defendant, and shall file motions and/or briefs only if the Defendant refuses to make an argument that Applicants consider relevant; and /// /// /// /// /// /// /// /// /// ///
{7011/005/00249675.DOC}

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STIPULATION AND [PROPOSED] ORDER GRANTING NATURAL RESOURCES DEFENSE COUNCIL, INC., SIERRA CLUB, AND CONSERVATION LAW FOUNDATION LEAVE TO INTERVENE

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b.

Applicants shall not file a separate motion to dismiss the Second

Amended Complaint; however, Applicants may either (i) join in Defendant's reply brief or (ii) file a separate reply brief if Defendant does not file his own reply brief. Dated: April 16, 2010 STATE OF CALIFORNIA, DEPARTMENT OF JUSTICE By: /s/ Mark Poole Mark Poole, Attorneys for Defendant

Dated: April 16, 2010

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

Dated: April 16, 2010

NATURAL RESOURCES DEFENSE COUNCIL By: /s/ David Pettit David Pettit, Attorneys for Applicants Natural Resources Defense Council, Inc. and Conservation Law Foundation

Dated: April 16, 2010

SIERRA CLUB By: /s/ Pat Gallagher Pat Gallagher, Attorneys for Applicant Sierra Club

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STIPULATION AND [PROPOSED] ORDER GRANTING NATURAL RESOURCES DEFENSE COUNCIL, INC., SIERRA CLUB, AND CONSERVATION LAW FOUNDATION LEAVE TO INTERVENE

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ORDER The Court having reviewed the foregoing Stipulation, and good cause appearing therefor: IT IS HEREBY ORDERED that Applicants Natural Resources Defense Council, Inc., Sierra Club, and Conservation Law Foundation (collectively the "Applicants") are granted leave to intervene in this action under the following conditions: a. Applicants shall coordinate their positions in this action with Defendant,

and shall file motions and/or briefs only if the Defendant refuses to make an argument that Applicants consider relevant; and b. Applicants shall not file a separate motion to dismiss the Second

Amended Complaint; however, Applicants may either (i) join in Defendant's reply brief or (ii) file a separate reply brief if Defendant does not file his own reply brief.

DATED: April 19, 2010

/s/ Lawrence J. O'Neill Honorable Lawrence J. O'Neill

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STIPULATION AND [PROPOSED] ORDER GRANTING NATURAL RESOURCES DEFENSE COUNCIL, INC., SIERRA CLUB, AND CONSERVATION LAW FOUNDATION LEAVE TO INTERVENE