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

Filing 55

ORDER DENYING 54 Plaintiff's Ex Parte Application to Shorten Time signed by District Judge Anthony W. Ishii on 11/21/2012. (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 ON PLAINTIFF’S EX
PARTE APPLICATION TO
SHORTEN TIME
(Doc. No. 54)

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Currently set for hearing and decision on December 3, 2012, is Defendants’ motion to
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dismiss. On November 19, 2012, Plaintiffs filed a motion to strike part of the reply brief. See
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Doc. No. 53. Plaintiffs contend that Defendants are improperly raising new grounds for
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dismissal in the reply brief. Plaintiffs also filed an ex parte application to shorten time on their
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motion to strike. See Doc. No. 54.
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The Court will not grant Plaintiff’s request to shorten time. Plaintiffs have adequately
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informed the Court that they believe that Defendants are improperly raising issues in the reply
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brief. The Court will note and consider this objection in ruling on Defendants’ motion. A formal
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motion to strike, which would entail the filing of an additional opposition and an additional
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reply, is not necessary.
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Accordingly, IT IS HEREBY ORDERED that Plaintiffs’ ex parte motion to shorten time
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is DENIED.
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IT IS SO ORDERED.
Dated:
0m8i78

November 21, 2012
UNITED STATES DISTRICT JUDGE