Coalition for Clean Air, Inc., et al v. VWR International, LLC

Filing 22

STIPULATION and ORDER CONTINUING Briefing and Hearing Schedule on Motion for Preliminary Injunction and Motion to Dismiss (Doc. 17 ), Signed by District Judge Lawrence J. O'Neill on 11/20/2012. The Motion Hearing previously set for 12/10/2012 is CONTINUED to 12/20/2012 at 08:30 AM in Courtroom 4 before District Judge Lawrence J. O'Neill. (Arellano, S.)

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RICHARD DRURY (Cal. Bar No. 163559)
CHRISTINA M. CARO (Cal. Bar. No. 250797)
LOZEAU | DRURY LLP
410 12th Street, Suite 250
Oakland, CA 94607
Tel: [phone]; Fax: [phone]
E-mail: [e-mail]; [e-mail]
SARA HEDGPETH-HARRIS (Cal. Bar No. 124114)
LAW OFFICE OF SARA HEDGPETH-HARRIS
1204 West Shaw Ave., Suite 102
Fresno, CA 93711
Tel: [phone]; Fax: [phone]
Email: [e-mail]
Attorney for all Plaintiffs
BRENT NEWELL (Cal. Bar No. 210312)
LAURA BAKER (Cal. Bar No. 276410)
CENTER ON RACE, POVERTY & THE ENVIRONMENT
1302 Jefferson Street, Suite 2
Delano, CA 93215
Tel [phone]; Fax [phone]
E-mail: [e-mail]
Attorneys for Plaintiffs Association of Irritated Residents

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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COALITION FOR CLEAN AIR, a California
nonprofit corporation; CENTER FOR
ENVIRONMENTAL HEALTH, a California
nonprofit corporation; ASSOCIATION OF
IRRITATED RESIDENTS, a California
nonprofit corporation; TEAMSTERS JOINT
COUNCIL 7, an organized labor union; KEVIN
LONG, an individual,

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Plaintiffs,

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vs.

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VWR INTERNATIONAL, LLC, a Delaware
corporation; and DOES I – X, inclusive,
Defendants.

Case No.: 1:12-cv-01569-LJO-BAM
STIPULATION AND ORDER
CONTINUING BRIEFING AND
HEARING SCHEDULE ON MOTION
FOR PRELIMINARY INJUNCTION
and MOTION TO DISMISS
Current Hearing Date:
Date: December 10, 2012
Time: 8:30 a.m.
Place: Courtroom 4, 7th Floor
Judge: Hon. Lawrence O’Neil
New Hearing Date:
Date: December 20, 2012
Time: 8:30 a.m.

This Stipulation is made and entered into pursuant to EDCA Local Rules 143, 144,
STIPULATION AND [PROPOSED] ORDER TO EXTEND HEARING AND BRIEFING SCHEDULE FOR
MOTION FOR PRELIMINARY INJUNCTION AND MOTION TO DISMISS
LA01/ 1173147.1

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230(f), in the above-captioned action, by and between Plaintiffs Coalition for Clean Air, Center

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For Environmental Health, Association of Irritated Residents, Teamsters Joint Council 7, and

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Kevin Long (“Plaintiffs”) and Defendant VWR International, LLC (“Defendant”) through their

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respective undersigned counsel:
WHEREAS, Plaintiffs filed a motion for preliminary injunction with a noticed hearing

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date of October 29, 2012.
WHEREAS, Defendant filed a motion to dismiss this action with a noticed hearing date

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of December 10, 2012.

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WHEREAS, the Court, by order dated November 8, 2012, rescheduled the hearing date

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for the motion for preliminary injunction to coincide with the motion to dismiss, such that both

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motions will be heard on December 10, 2012.

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WHEREAS, the Court in its order dated November 8, 2012, requested supplemental

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briefing on issues related to irreparable harm, with Plaintiffs’ supplemental brief to be filed

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together with their opposition to the motion to dismiss, and Defendant’s supplemental brief to be

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filed together with any reply in support of the motion to dismiss.
WHEREAS, pursuant to the Court’s local rules, the Plaintiffs’ opposition to the motion to

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dismiss (and supplemental brief on irreparable harm), is currently due on November 26, 2012,

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the Monday following the Thanksgiving holiday.
WHEREAS, pursuant to the Court’s local rules, the Defendant’s reply in support of the

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motion to dismiss (and supplemental brief on irreparable harm) is currently due on December 3,

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2012.

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WHEREAS, the preliminary injunction motion and motion to dismiss present complex

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issues, and additional time is needed for the parties to prepare papers on the motions, and to

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respond to the questions of the Court.

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NOW, THEREFORE, the parties hereby stipulate and request that the hearing and

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briefing schedule on the preliminary injunction motion, motion to dismiss, and supplemental

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briefing be modified as follows:

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 Plaintiffs’ opposition to motion to dismiss and brief on irreparable harm: December 3, 2012

STIPULATION AND [PROPOSED] ORDER TO EXTEND HEARING AND BRIEFING SCHEDULE FOR
MOTION FOR PRELIMINARY INJUNCTION AND MOTION TO DISMISS
LA01/ 1173147.1

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 Defendant’s reply in support of motion to dismiss and brief on irreparable harm: December
13, 2012

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 Hearing on motion to dismiss and preliminary injunction: December 20, 2012 at 8:30 a.m.

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Respectfully submitted,

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Dated: November 19, 2012

DRINKER BIDDLE & REATH LLP

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By:

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/s/
Adam J. Thurston
Ryan S. Fife
Attorneys for Defendant
VWR INTERNATIONAL, LLC

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Dated: November 19, 2012

LOZEAU DRURY LLP

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By:

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/s/
Richard Drury
Christina M. Caro
Attorneys for Plaintiffs

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ORDER
IT IS HEREBY ORDERED, that the briefing and hearing schedule on Plaintiffs’ motion
for a preliminary injunction and Defendant’s motion to dismiss is modified as follows:

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 Plaintiffs’ opposition to motion to dismiss and brief on irreparable harm: December 3, 2012

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 Defendant’s reply in support of motion to dismiss and brief on irreparable harm: December

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13, 2012
 Hearing on motion to dismiss and preliminary injunction: December 20, 2012 at 8:30 a.m.

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IT IS SO ORDERED.
Dated:

November 20, 2012

/s/ Lawrence J. O’Neill
UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

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66h44d

STIPULATION AND [PROPOSED] ORDER TO EXTEND HEARING AND BRIEFING SCHEDULE FOR
MOTION FOR PRELIMINARY INJUNCTION AND MOTION TO DISMISS
LA01/ 1173147.1