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

Filing 82

STIPULATION and ORDER to continue the Scheduling Conference from 6/30/2010 to 7/28/2010 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. Order signed by Magistrate Judge Dennis L. Beck on 6/7/2010. (Hernandez, M)

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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 TO FURTHER CONTINUE MANDATORY SCHEDULING CONFERENCE Scheduling Conference July 28, 2010 at 9:00 a.m. Courtroom 9

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 "RMFU Plaintiffs") filed their Second Amended Complaint for Declaratory and Injunctive Relief (the "Second Amended Complaint") against Defendant James N. Goldstene, in his official capacity as
{7011/005/00250595.DOC}

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STIPULATION AND [PROPOSED] ORDER TO FURTHER CONTINUE MANDATORY SCHEDULING CONFERENCE

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Executive Officer of the California Air Resources Board ("Defendant") in this action. (Docket No. 11.) WHEREAS on February 2, 2010, the National Petrochemical & Refiners Association ("NPRA"), American Trucking Associations ("ATA") and the Center for North American Energy Security ("CNAES") (collectively "NPRA Plaintiffs"), filed a Complaint for Declaratory and Injunctive Relief and Jury Demand which challenges the same regulation at issue in this action ("NPRA Action"). WHEREAS Defendant filed motions to dismiss the Second Amended Complaint in the instant action and the NPRA Plaintiffs' complaint in the NPRA Action (the "Motions to Dismiss"), which have been briefed and are scheduled to be heard on June 16, 2010, at 8:30 a.m. in Courtroom 4. WHEREAS the Mandatory Scheduling Conferences for both actions are set for the same day at the Defendants' request and are presently set for June 30, 2010, at 9:15 a.m. in Courtroom No. 9. WHEREAS Defendant has requested, and both the RMFU Plaintiffs and the NPRA Plaintiffs have agreed to stipulate to continue the Mandatory Scheduling Conference to July 28, 2010, to accommodate the Court's hearing and ruling on the Motions to Dismiss. WHEREAS all parties are available to conduct the Mandatory Scheduling Conference in these actions on July 28, 2010, and have agreed to hold it on this date. IT IS HEREBY STIPULATED, by and between Plaintiffs in both actions and Defendants, by and through their respective counsel, that: 1. The Mandatory Scheduling Conference in this Action, previously scheduled for

June 30, 2010, should be continued to July 28, 2010, at 9:15 a.m. or such time as may be set by the Court, in Courtroom 9 (6th Floor). Dated: June 7, 2010 STATE OF CALIFORNIA, DEPARTMENT OF JUSTICE By: /s/ Mark Poole Mark Poole, Attorneys for Defendant

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STIPULATION AND [PROPOSED] ORDER TO FURTHER CONTINUE MANDATORY SCHEDULING CONFERENCE

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Dated: June 7, 2010

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

Dated: June 7, 2010

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

Dated: June 7, 2010

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

ORDER The Court having reviewed the foregoing Stipulation, and good cause appearing therefor: IT IS HEREBY ORDERED that the Mandatory Scheduling Conference in this action, previously scheduled for June 30, 2010, shall be continued to July 28, 2010, at 9:00 a.m. in Courtroom 9 (6th Floor). IT IS SO ORDERED. Dated:
DEAC_Signature-END:

June 7, 2010

/s/ Dennis

L. Beck

UNITED STATES MAGISTRATE JUDGE 3b142a
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STIPULATION AND [PROPOSED] ORDER TO FURTHER CONTINUE MANDATORY SCHEDULING CONFERENCE