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

Filing 54

STIPULATION and ORDER Continuing Mandatory Scheduling Conference and all Related Scheduling Deadlines signed by Magistrate Judge Dennis L. Beck on 9/14/2011. ( Initial Scheduling Conference previoulsy set for 10/4/2011 has been CONTINUED to 12/19/2011 at 09:30 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck ) (Figueroa, O)

1 LEXINGTON LAW GROUP
Mark N. Todzo (State Bar No. 168389)
2 [e-mail]
Howard Hirsch (State Bar No. 213209)
3 [e-mail]
Victoria Hartanto (State Bar No. 259833)
4 [e-mail]
503 Divisadero Street
5 San Francisco, CA 94117
Telephone: [phone]
6 Facsimile: [phone]
7 Attorneys for Defendant
CENTER FOR ENVIRONMENTAL
8 HEALTH
9
10

UNITED STATES DISTRICT COURT

11

EASTERN DISTRICT OF CALIFORNIA

12

FRESNO DIVISION

13
14

LOYD’S AVIATION, INC., et al.,

15
Plaintiffs,

16
17

vs.

Case No. 1:11-CV-01078-AWI-DLB
STIPULATION AND ORDER
CONTINUING MANDATORY
SCHEDULING CONFERENCE AND ALL
RELATED SCHEDULING DEADLINES

CENTER FOR ENVIRONMENTAL
19 HEALTH, et al.,

Honorable Dennis L. Beck
Courtroom 9
Hearing Date: Oct. 4, 2011
Time:
9:00 a.m.

20

Action Filed:

18

Defendants.

June 29, 2011

21
22
23
24
25
26
27
28
STIP AND ORDER RE MSC – Case No. 1:11-CV-01078-AWI-DLB

1

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

2 Environmental Health (“CEH”) (through its counsel, Lexington Law Group) and Kamala Harris,
3 Attorney General for the State of California, in her official capacity (through their counsel, Susan
4 Fiering, Deputy Attorney General), hereby enter into the following stipulation and respectfully
5 request that that Court enter the proposed Order below.
6

Whereas Plaintiffs filed their initial complaint in this action on June 29, 2011 seeking

7 declaratory and injunctive relief;
8

Whereas the Court issued an Order Setting Mandatory Scheduling Conference (“MSC

9 Order”) on June 30, 2011, setting the MSC for October 4, 2011;
10

Whereas Plaintiffs filed a Motion for Temporary Restraining Order and Preliminary

11 Injunction on June 30, 2011;
12

Whereas the Motion for Temporary Restraining Order was taken off calendar pursuant to a

13 Stipulation and Order entered by the Court on July 6, 2011;
14

Whereas the hearing on Plaintiffs’ Motion for Preliminary Injunction has been set for

15 October 3, 2011;
16

Whereas Plaintiffs filed their First Amended Complaint on August 26, 2011;

17

Whereas Defendants CEH and Kamala Harris each filed a Motion to Dismiss on

18 September 2, 2011, and both Motions to Dismiss are set for hearing on October 3, 2011;
19

Whereas, Plaintiffs intend to oppose the Motions to Dismiss;

20

Whereas, if granted, the Motions to Dismiss could dispose of some or all of this action;

21 and
22

Whereas, in an effort to conserve the Court’s and the parties’ resources, the parties

23 respectfully request that the Court rule on the Motions to Dismiss before setting discovery or any
24 other case management deadlines.
25
26
27
28
-1STIP AND ORDER RE MSC – Case No. 1:11-CV-01078-AWI-DLB

1

NOW, THEREFORE, the parties stipulate and respectfully request that the Court enter an

2 Order as follows:
3
4
5
6

1. The Mandatory Scheduling Conference is continued to DECEMBER 19, 2011, at 9:30
am before Magistrate Judge Dennis L. Beck.
2. The Joint Scheduling Report shall be due seven (7) days prior the new date set for the
Mandatory Scheduling Conference; and

7

3. All discovery and any other case management deadlines presently imposed either by

8

the Court in the Mandatory Scheduling Conference Order, or by the Federal Rules of

9

Civil Procedure, not related to either Plaintiffs’ Motion for Preliminary Injunction or

10

Defendants’ Motions to Dismiss, are continued to a date consistent with the continued

11

date of the Mandatory Scheduling Conference.

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2STIP AND ORDER RE MSC – Case No. 1:11-CV-01078-AWI-DLB

1
2

IT IS SO STIPULATED.
Dated: September 14, 2011

3

JONES DAY
By:

4

/s/ Thomas M. Donnelly
Thomas M. Donnelly

5

Attorneys for Plaintiffs

6 Dated: September 14, 2011

LEXINGTON LAW GROUP

7
By:

8
9

/s/ Mark Todzo
Mark Todzo

Attorneys for Center for Environmental Health

10
11

Dated: September 14, 2011

12

KAMALA D. HARRIS
ATTORNEY GENERAL OF THE
STATE OF CALIFORNIA

13
14

By:

15
16

/s/ Susan Fiering
Susan Fiering, Deputy Attorney General,
Counsel for Kamala Harris, Attorney
General

17
ORDER
18
Having considered the foregoing Stipulation, and good cause appearing therefor,
19
20
21
22
23
24

IT IS SO ORDERED.
Dated:

September 14, 2011

/s/ Dennis

L. Beck

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

3b142a

25
26
27
28
-3STIP AND ORDER RE MSC – Case No. 1:11-CV-01078-AWI-DLB