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

Filing 293

Joint STIPULATION and ORDER to Continue Mandatory Scheduling Conference signed by Magistrate Judge Gary S. Austin on 5/7/2014. Scheduling Conference currently set for 5/14/2014 is CONTINUED to 8/28/2014 at 10:30 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. (Martinez, A)

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WANGER JONES HELSLEY PC
265 E. River Park Circle, Suite 310
Fresno, California 93720
Telephone: [phone]
Facsimile: [phone]
Timothy Jones #119841
John P. Kinsey #215916
Attorneys for: Rocky Mountain Farmers Union, et al.
KIRKLAND & ELLIS LLP
655 Fifteenth Street, NW, Suite 1200
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]
John C. O’Quinn, PHV
Stuart A.C. Drake, PHV
Attorneys for: Growth Energy
KATTEN MUCHIN ROSENMAN LLP
2900 K Street, NW
North Tower, Suite 200
Washington, DC 20007-5118
Telephone: [phone]
Facsimile: [phone]
Charles H. Knauss, PHV
Attorney for: Renewable Fuels Association

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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ROCKY MOUNTAIN FARMERS
UNION, et al.,
Plaintiffs,

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Case Nos. 1:09-cv-02234-LJO-GSA &
1:10-cv-00163-LJO-GSA
JOINT STIPULATION AND ORDER
TO CONTINUE MANDATORY
SCHEDULING CONFERENCE

v.
RICHARD W. COREY, in his official
capacity as Executive Officer of the
California Air Resources Board, et al.,
Defendants.

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{7011/005/00468752.DOCX}

JOINT STIPULATION AND ORDER TO CONTINUE MANDATORY SCHEDULING CONFERENCE

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AMERICAN FUELS &
PETROCHEMICAL
MANUFACTURERS ASSOCIATION, et
al.,
Plaintiffs,

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v.

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RICHARD W. COREY, in his official
capacity as Executive Officer of the
California Air Resources Board, et al.,

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Defendants.

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And related intervenor actions.

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WHEREAS the mandate of the United States Court of Appeals for the Ninth

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Circuit remanding this matter (9th Cir. Nos. 12-15131 & 12-15135) to this Court issued on

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January 31, 2014.

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WHEREAS on February 5, 2014, this Court set this matter for a Mandatory

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Scheduling Conference to be held on May 14, 2014 and ordered the parties to file a joint

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scheduling report one week prior to the hearing.

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WHEREAS on March 20, 2014, Plaintiffs Rocky Mountain Farmers Union,

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Redwood County Minnesota Corn and Soybean Growers, Penny Newman Grain, Inc., Growth

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Energy, Renewable Fuels Association, Rex Nederend, Nisei Farmers League, the Fresno

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County Farm Bureau, and the California Dairy Campaign (collectively “RMFU Plaintiffs”) and

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Plaintiffs American Fuels & Petrochemical Manufacturers Association, American Trucking

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Associations, and Consumer Energy Alliance (collectively “AFPM Plaintiffs”) filed petitions

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for a writ of certiorari in the United States Supreme Court (S. Ct. Nos. 13-1148 & 13-1149) to

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review the Ninth Circuit’s decision.

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WHEREAS on April 21, 2014, Defendants filed a Conditional Cross-Petition

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for a Writ of Certiorari in the United States Supreme Court.

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{7011/005/00468752.DOCX}

JOINT STIPULATION AND ORDER TO CONTINUE MANDATORY SCHEDULING CONFERENCE

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WHEREAS the parties have agreed to stipulate to continue the Mandatory

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Scheduling Conference to August 28, 2014, to allow time for the United States Supreme

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Court’s decisions on the petitions for a writ of certiorari and conditional cross-petition for a

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writ of certiorari, which may occur in late June, 2014.

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WHEREAS all parties are available to conduct the Mandatory Scheduling

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Conference in these actions on August 28, 2014, and have agreed to hold it on this date if the

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Supreme Court denies certiorari in June, 2014.

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WHEREAS the parties have agreed that in the event the Supreme Court grants

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certiorari, the Mandatory Scheduling Conference should be stayed pending resolution of the

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Supreme Court proceedings.

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WHEREAS the parties have agreed that in the event the Supreme Court does

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not act on the pending certiorari petitions by the end of June 2014, the Mandatory Scheduling

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Conference should be continued to a date to be set after the Supreme Court acts on the pending

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certiorari petitions.
IT IS HEREBY STIPULATED, by and between Plaintiffs in both actions and

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Defendants, by and through their respective counsel, that:
1.

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The Mandatory Scheduling Conference in this Action, scheduled for May 14,

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2014, should be continued to August 28, 2014, at 9:15 a.m. or such time as may be set by the

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Court, in Courtroom 10.
2.

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The parties will file a joint scheduling report one week prior to the scheduling

conference.
3.

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If the Supreme Court grants certiorari at the end of June 2014, the parties will

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jointly inform the Court within ten days of such action and the scheduling conference should

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be stayed pending resolution of the Supreme Court proceedings.

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JOINT STIPULATION AND ORDER TO CONTINUE MANDATORY SCHEDULING CONFERENCE

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4.

If the Supreme Court does not act on the pending certiorari petitions by the end

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of June 2014, the parties will jointly inform the Court by July 28, 2014 and the scheduling

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conference should be continued to a date to be set after the Supreme Court acts on the pending

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certiorari petitions following the Supreme Court’s summer recess.

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Dated: May 6, 2014

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By: /s/ M. Elaine Meckenstock
M. Elaine Meckenstock,
Attorneys for Defendants

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STATE OF CALIFORNIA,
DEPARTMENT OF JUSTICE

Dated: May 6, 2014

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WANGER JONES HELSLEY PC
By:

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Dated: May 6, 2014

/s/ Timothy Jones
Timothy Jones,
Attorneys for RMFU Plaintiffs

SIDLEY AUSTIN LLP

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By:
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Dated: May 6, 2014

DONAHUE & GOLDBERG, LLP
By:

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/s/ Roger R. Martella, Jr.
Roger R. Martella, Jr.,
Attorneys for AFPM Plaintiffs

/s/ Sean Donahue
Sean Donahue,
Attorneys for Environmental Defense Fund;
Natural Resources Defense Council; Sierra
Club; Conservation Law Foundation

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{7011/005/00468752.DOCX}

JOINT STIPULATION AND ORDER TO CONTINUE MANDATORY SCHEDULING CONFERENCE

ORDER

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The Court having reviewed the foregoing Stipulation, and good cause
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appearing, IT IS HEREBY ORDERED that the Mandatory Scheduling Conference in this
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action, scheduled for May 14, 2014, shall be continued to a future date depending on how and
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when the Supreme Court acts on the pending petitions for certiorari in this matter.
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If the Supreme Court denies the pending certiorari petitions at the end of June
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2014, the scheduling conference will be held on August 28, 2014, at 10:30 am. in Courtroom
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10. The parties will file a joint scheduling report one week prior to the scheduling conference.
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If the Supreme Court grants certiorari at the end of June 2014, the parties will
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jointly inform the Court within ten days of such action and the scheduling conference will be
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stayed pending resolution of the Supreme Court proceedings.
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If the Supreme Court does not act on the pending certiorari petitions at or near
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the end of June 2014, the parties will jointly inform the Court by July 28, 2014 and the
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scheduling conference will be continued to a date to be set after the Supreme Court acts on the
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pending certiorari petitions following the Supreme Court’s summer recess.

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IT IS SO ORDERED.
Dated:

May 7, 2014

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/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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{7011/005/00468752.DOCX}

JOINT STIPULATION AND ORDER TO CONTINUE MANDATORY SCHEDULING CONFERENCE