National Petrochemical & Refiners Association et al v. Goldstene et al

Filing 28

STIPULATION and ORDER to continue Scheduling Conference from 5/4/2010 to 6/30/2010 at 09:30 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. Order signed by Magistrate Judge Dennis L. Beck on 4/21/2010. (Hernandez, M)

1 MARIE L. FIALA (CA Bar No. 79676) SIDLEY AUSTIN LLP 2 555 California Street, Suite 2000 San Francisco, CA 94104-1715 3 Telephone: [phone] Facsimile: 415-772-7400 4 [e-mail] 5 Counsel For Plaintiffs 6 [ADDITIONAL PARTIES AND COUNSEL SHOWN ON SIGNATURE PAGE] 7 8 9 10 11 NATIONAL PETROCHEMICAL & 12 REFINERS ASSOCIATION, AMERICAN TRUCKING ASSOCIATIONS, THE 13 CENTER FOR NORTH AMERICAN ENERGY SECURITY, and THE 14 CONSUMER ENERGY ALLIANCE, 15 16 v. Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 1:10-CV-00163 LJO DLB STIPULATION AND ORDER TO CONTINUE MANDATORY SCHEDULING CONFERENCE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION

17 JAMES GOLDSTENE, in his official capacity as Executive Officer of the 18 California Air Resources Board; MARY D. NICHOLS, DANIEL SPERLING, KEN 19 YEAGER, DORENE D'ADAMO, BARBARA RIORDAN, JOHN R. 20 BALMES, LYDIA H. KENNARD, SANDRA BERG, RON ROBERTS, JOHN 21 G. TELLES, and RONALD O. LOVERIDGE, in their official capacities as 22 members of the California Air Resources Board; ARNOLD SCHWARZENEGGER 23 in his official capacity as Governor of the State of California; and EDMUND G. 24 BROWN, JR. in his official capacity as Attorney General of the State of California, 25 Defendants 26 27 28

STIPULATION AND [PROPOSED] ORDER TO CONTINUE MANDATORY SCHEDULING CONFERENCE; CASE NO. 1:10-CV-00163 LJO DLB

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WHEREAS on February 2, 2010, the National Petrochemical & Refiners Association

2 ("NPRA"), American Trucking Associations ("ATA") and the Center for North American Energy 3 Security ("CNAES") (collectively "Plaintiffs"), filed a Complaint for Declaratory and Injunctive 4 Relief and Jury Demand ("this Action"). 5 WHEREAS on January 28, 2010, the Rocky Mountain Farmers Union, Redwood County

6 Minnesota Corn and Soybean Growers, Penny Newman Grain, Inc., Growth Energy, Renewable Fuels 7 Association, Rex Nederend, Nisei Farmers League, the Fresno County Farm Bureau, and the California 8 Dairy Campaign, filed a Second Amended Complaint for Declaratory and Injunctive Relief which 9 challenges the same regulation at issue in this action. See Rocky Mountain Farmers Union v. James N. 10 Goldstene, Case No. 1:09-cv-02234-LJO-DLB ("Rocky Mountain Farmers Action"). 11 WHEREAS the Mandatory Scheduling Conferences for both actions are set for the

12 same day at the Defendants' request and are presently set for May 4, 2010, at 9:15 a.m. in 13 Courtroom No. 9. 14 WHEREAS counsel for NPRA have a conflict on this date and wish to reschedule

15 the Mandatory Scheduling Conference. 16 WHEREAS all parties are available to conduct the Mandatory Scheduling

17 Conference in these actions on June 30, 2010, and have agreed to hold it on this date. 18 19 IT IS HEREBY STIPULATED, by and between Plaintiffs in both actions and

20 Defendants, by and through their respective counsel, that: 21 1. The Mandatory Scheduling Conference in this Action, previously scheduled for

22 May 4, 2010, should be continued to June 30, 2010, at 9:15 a.m. or such time as may be set by the Court, 23 in Courtroom 9 (6th Floor). 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER TO CONTINUE MANDATORY SCHEDULING CONFERENCE; CASE NO. 1:10-CV-00163 LJO DLB

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1 DATED: April 15, 2010 2 3 4 5 DATED: April 15, 2010 6 7 8 9 10 [ADDITIONAL COUNSEL OF RECORD] Roger R. Martella, Jr. (DC Bar No. 976771) 11 Paul J. Zidlicky (DC Bar No. 450196) James W. Coleman (DC Bar No. 986626) 12 Pro Hac Vice SIDLEY AUSTIN LLP 13 1501 K Street, N.W. Washington, D.C. 20005 14 Telephone: [phone] Facsimile: 202-736-8711 15 [e-mail] [e-mail] 16 [e-mail] 17 Counsel for Plaintiffs 18 Kurt E. Blase (DC Bar No. 288779) Blase Law Group 19 879 N. Kentucky St. Arlington, VA 22205 20 Telephone: [phone] Facsimile: 703-525-3161 21 [e-mail] 22 Counsel for Plaintiff Center for North American Energy Security 23 24 25 26 27 28 2

STATE OF CALIFORNIA, DEPARTMENT OF JUSTICE By: /s/ Mark Poole Mark Poole, Counsel for Defendants

SIDLEY AUSTIN LLP By: /s/ Marie L. Fiala Maria Fiala Counsel for Plaintiffs

STIPULATION AND [PROPOSED] ORDER TO CONTINUE MANDATORY SCHEDULING CONFERENCE; CASE NO. 1:10-CV-00163 LJO DLB

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ORDER The Court having reviewed the foregoing Stipulation, and good cause appearing therefor: IT IS HEREBY ORDERED that the Mandatory Scheduling Conference in this

4 action, previously scheduled for May 4, 2010, shall be continued to June 30, 2010, at 9:30 am in 5 Courtroom 9 (6th Floor). 6 7 IT IS SO ORDERED. 8 9
DEAC_Signature-END:

Dated:

April 21, 2010
3b142a

/s/ Dennis

L. Beck

UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE MANDATORY SCHEDULING CONFERENCE; CASE NO. 1:10-CV-00163 LJO DLB

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