Padres Hacia una Vida Mejor et al v. Jackson et al

Filing 25

ORDER LIFTING STAY signed by Chief Judge Anthony W. Ishii on 3/9/2012. (Jessen, A)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiffs,
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v.
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LISA P. JACKSON, in her official
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capacity as Administrator of the U.S.
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Environmental Protection Agency, and )
U.S. ENVIRONMENTAL
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PROTECTION AGENCY,
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Defendants.
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____________________________________)
PADRES HACIA UNA VIDA MEJOR,
an unincorporated association, and EL
PUEBLO PARA EL AIRE Y AGUA
LIMPIO, an unincorporated association,

1:11-cv-1094 AWI DLB
ORDER LIFTING STAY

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On September 2, 2011, Defendant filed a motion to dismiss, and hearing on the matter

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was set for October 31, 2011. See Doc. No. 11. On October 26, 2011, the Court vacated the

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hearing and took the matter under submission. See Doc. No. 18.

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On December 13, 2011, the parties entered into a stipulation to stay proceedings for 45

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days while they pursued settlement. See Doc. No. 19. The Court granted the stipulation and

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stayed this case on December 14, 2011. See Doc. No. 20. On February 1, 2012, the Magistrate

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Judge signed a stipulation that extended the stay. See Doc. No. 22.

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On March 2, 2012, the parties submitted a joint status report in which they reported that

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they were unable to reach a settlement despite good faith efforts. See Doc. No. 23. In the joint

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status report, Plaintiff requests that the Court set a new case management conference date, but

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Defendant states that no conference date is necessary until after the Court rules on the pending

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motion to dismiss.

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The Court agrees with Defendant. The Court will lift the stay at this time, and will

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thereafter issue a ruling on Defendants’ motion to dismiss. As part of its ruling, the Court will

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set, if necessary, deadlines for filing an answer and contacting the Magistrate Judge for a status

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conference.

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Accordingly, IT IS HEREBY ORDERED that, in light of the March 2, 2012, joint status
report that the previously ordered stay in this case is LIFTED.

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IT IS SO ORDERED.

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Dated:
0m8i78

March 9, 2012
CHIEF UNITED STATES DISTRICT JUDGE

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daw

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