Del Don Jr. v. United States Department of Agriculture et al

Filing 25

STIPULATION and ORDER Regarding Plaintiff's Motion for Preliminary Injunction signed by Chief Judge Anthony W. Ishii on 2/16/2010. The hearing currently set for 2/23/2010 is vacated and the parties do not need to appear.(Timken, A)

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BENJAMIN B. WAGNER United States Attorney BENJAMIN E. HALL (SBN 219924) Assistant United States Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants

UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LEROY DEL DON JR., ) ) Plaintiff, ) ) v. ) ) TOM VILSACK, in his official ) capacity as United States ) Secretary of Agriculture, ) UNITED STATES DEPARTMENT OF ) AGRICULTURE, UNITED STATES ) DEPARTMENT OF AGRICULTURE ) FOREST SERVICE, KAREN JO ) CALDWELL, SUSAN SKALSKI, ) KATHY HARDY, CHRISTINA WELCH, ) and DOES 1 - 100 inclusive, ) ) Defendants. ) ) 1:10-cv-00126-AWI-GSA STIPULATION AND ORDER REGARDING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION Date: Time: Ctrm: February 23, 2010 1:30 p.m. 2

Hon. Anthony W. Ishii

IT IS HEREBY STIPULATED by and between Defendant United States Department of Agriculture ("USDA") and Plaintiff, Leroy Del Don Jr. ("Del Don"), by and through their respective counsel, to preserve the status quo as follows: 1. USDA agrees to suspend the February 26, 2010 deadline

set forth in the Notice of Trespass and Opportunity to Sell dated January 22, 2010, authored by District Ranger Karen Jo Caldwell regarding Pinecrest Tract Lot 150, Stanislaus National Forest 1
STIPULATION AND ORDER REGARDING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION

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("Lot 150"), until the above-captioned action, Case No. 1:10-cv00126-AWI-GSA (the "Litigation") is resolved by dismissal or final judgment. 2. USDA agrees to suspend the October 31, 2010 deadline

set forth in the Notice of Trespass and Opportunity to Sell dated January 22, 2010, authored by District Ranger Karen Jo Caldwell regarding Lot 150 until the Litigation is resolved by dismissal or final judgment. 3. USDA and Del Don agree that the recreation residence

and all related improvements and structures on Lot 150 will not be placed for sale until the Litigation is resolved by dismissal or final judgment. 4. USDA and Del Don agree that the asphalt driveway on Lot

150 will not be destroyed, removed, and/or altered until the Litigation is resolved by dismissal or final judgment. 5. USDA and Del Don agree that no part of the recreation

residence or its related improvements and/or structures on Lot 150 will be removed or destroyed until the Litigation is resolved by dismissal or final judgment. 6. USDA and Del Don agree that for a period of thirty (30)

days following the Court's entry of an order on this Stipulation, Del Don may enter the recreation residence and related improvements on Lot 150 as many times as necessary for the purposes of retrieving personal items, securing the structures, and performing maintenance and repairs, provided that (a) Del Don shall provide notice to District Ranger Karen Jo Caldwell by telephone [phone]) or facsimile (209-965-3372) not less than forty-eight (48) hours prior to each such entry; and (b) Del 2
STIPULATION AND ORDER REGARDING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION

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Don shall not occupy the recreational residence overnight or use it for recreational purposes. 7. USDA and Del Don agree that following the expiration of

the thirty (30) day period set forth in paragraph 6 of this Stipulation, and until this Litigation is resolved by dismissal or by final judgment, Del Don may enter the recreation residence and related improvements on Lot 150 not more than one (1) day each calendar month other than May, and not more than two (2) days during the month of May, for the purposes of retrieving personal items, securing the structures, and performing maintenance and repairs, provided that (a) Del Don shall provide notice to District Ranger Karen Jo Caldwell by telephone [phone]) or facsimile (209-965-3372) not less than forty-eight (48) hours prior to each such entry; and (b) Del Don shall not occupy the recreational residence overnight or use it for recreational purposes. USDA agrees that Del Don may bring a work

crew to Lot 150 for spring clean-up during the month of May, subject to the other requirements of this paragraph. 8. Del Don agrees to withdraw his Motion for Preliminary

Injunction and requests that the Court vacate the hearing set for February 23, 2010. /// /// /// /// /// /// /// 3
STIPULATION AND ORDER REGARDING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION

1 2 3 4 5 6 Dated: February 12, 2010 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 IT IS SO ORDERED. Dated: 0m8i78 February 16, 2010 ORDER By: By: Dated: February 12, 2010

Respectfully submitted, BENJAMIN B. WAGNER United States Attorney /s/ Benjamin E. Hall BENJAMIN E. HALL Assistant U.S. Attorney Attorneys for Defendants ARATA, SWINGLE, SODHI & VAN EGMOND [Authorized 2/12/10] /s/ Colleen F. Van Egmond COLLEEN F. VAN EGMOND Attorneys for Plaintiff

/s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE

STIPULATION AND ORDER REGARDING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION