Loyd's Aviation, Inc. et al v. Center for Environmental Health et al

Filing 27

STIPULATION and ORDER Continuing Hearing on Motion for Temporary Restraining Order and Preliminary Injunction, Setting Briefing Schedule, Extending Deadline to Respond to Complaint, and Addressing Other Matters, signed by Chief Judge Anthony W. Ishii on 7/6/2011. Motion Hearing RESET for 10/3/2011 at 01:30 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. Defendants' opposition papers due no later than 12:00 p.m. on September 19, 2011. Plaintiffs' reply papers due no later than 12:00 p.m. on September 26, 2011. (Jessen, A)

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Craig E. Stewart (State Bar No. 129530)
[e-mail]
Thomas M. Donnelly (State Bar No. 136546)
[e-mail]
Nathaniel P. Garrett (State Bar No. 248211)
[e-mail]
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]

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Andrew B. Steinberg (State Bar No. 116691)
[e-mail]
JONES DAY
51 Louisiana Avenue, N.W.
Washington, D.C. 20001-2113
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
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LOYD’S AVIATION, INC., et al.,

Case No. 1:11-CV-01078-AWI-DLB

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Plaintiffs,
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v.
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CENTER FOR ENVIRONMENTAL
HEALTH; KAMALA HARRIS,
ATTORNEY GENERAL OF THE STATE
OF CALIFORNIA, in her official capacity;
and DOES 1-50,

STIPULATION AND ORDER
CONTINUING HEARING ON
MOTION FOR TEMPORARY
RESTRAINING ORDER AND
PRELIMINARY INJUNCTION,
SETTING BRIEFING SCHEDULE,
EXTENDING DEADLINE TO
RESPOND TO COMPLAINT, AND
ADDRESSING OTHER MATTERS

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Defendants.
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Date:
Time:
Judge:

July 12, 2011
10:00 a.m.
Hon. Anthony W. Ishii

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///

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Stipulation and Order
Case No. 1:11-CV-01078-AWI-DLB

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Plaintiffs filed a Motion for Temporary Restraining Order and Preliminary Injunction

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(“Motion for Preliminary Injunction”) on June 30, 2011, and served the motion on Defendants

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Center for Environmental Health (“CEH”) and the Attorney General of the State of California on

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July 1, 2011. Also on July 1, the Court set a briefing schedule for the Temporary Restraining

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Order, with a hearing to occur on July 12, 2011, at 10:00 a.m.

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Plaintiffs (through their counsel of record, Jones Day), and Defendants Center for

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Environmental Health (“CEH”) (specially appearing through its counsel, Lexington Law Group)

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and the Attorney General of the State of California, have met and conferred regarding the Motion

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for Preliminary Injunction. Plaintiffs and Defendants stipulate, and respectfully request that the

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Court enter the below Order, as follows:
1. CEH shall not file suit under California’s Proposition 65 (Cal. Health and Safety

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Code section 25249.5 et seq.) against any of the Plaintiffs with regard to lead in

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aviation gas, until the earlier of (1) one business day after this Court enters an

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order deciding Plaintiffs’ Motion for Preliminary Injunction; or (2) October 28,

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2011. In the event that CEH files suit under California’s Proposition 65 against

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any other recipient of its May 9, 2011, Notices of Violation, CEH shall not refer to

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or rely upon the existence of such other suit in opposing Plaintiffs’ Motion for

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Preliminary Injunction. CEH enters into this stipulation and appears specially and

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solely to resolve issues of timing in this matter without waiving any defenses to

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the Court’s jurisdiction of the matter.

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2. The Attorney General enters into this stipulation and appears specially and solely

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to resolve issues of timing in this matter without waiving any defenses to the

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Court’s jurisdiction of the matter. The Attorney General is investigating this

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matter and she has made no decision to file suit against any of the Plaintiffs. The

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Attorney General agrees that, in the event that she determines that it is appropriate

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to file suit under California’s Proposition 65 (Cal. Health and Safety Code section

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25249.5 et seq.) against any of the Plaintiffs with regard to lead in aviation gas,

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she will first provide thirty days written notice (by electronic mail to Plaintiffs’
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Stipulation and Order
Case No. 1:11-CV-01078-AWI-DLB

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counsel) that the Attorney General intends to file such suit.

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3. Unless Plaintiffs request an earlier hearing date in response to any notice given by

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the Attorney General under paragraph 2, above, the hearing on Plaintiffs’ Motion

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for Preliminary Injunction shall be continued to October 3, 2011 at 1:30 p.m.

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Defendants shall file and serve their opposition papers no later than 12:00 p.m. on

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September 19, 2011. Plaintiffs shall file and serve their reply papers no later than

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12:00 p.m. on September 26, 2011.

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4. Defendants need not file a response to the Complaint until a date set by the Court
after it rules on the Motion for Preliminary Injunction.
5. In light of this Stipulation and Order, the Plaintiffs withdraw their request for a
Temporary Restraining Order.

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IT IS SO STIPULATED.

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Stipulation and Order
Case No. 1:11-CV-01078-AWI-DLB

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Dated: July 6, 2011

JONES DAY

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By:

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/s/ Thomas M. Donnelly
Thomas M. Donnelly

Attorneys for Plaintiffs

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Dated: July 6, 2011

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LEXINGTON LAW GROUP
By:

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Attorneys for Center for Environmental Health

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/s/ Mark Todzo
Mark Todzo

Dated: July 6, 2011

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KAMALA D. HARRIS
ATTORNEY GENERAL OF THE
STATE OF CALIFORNIA

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By:

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/s/ Susan Fiering
Susan Fiering, Deputy Attorney General

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IT IS SO ORDERED.
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Dated: July 6, 2011
CHIEF UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

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Stipulation and Order
Case No. 1:11-CV-01078-AWI-DLB