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

Filing 28

STIPULATION and ORDER RE BRIEFING SCHEDULE signed by District Judge Lawrence J. O'Neill on December 13, 2012. (Munoz, I)

1
2
3
4
5

DRINKER BIDDLE & REATH LLP
Adam J. Thurston (Bar No. 162636)
Ryan S. Fife (Bar No. 235000)
1800 Century Park East, Suite 1400
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

6
7

Attorneys for Defendant
VWR INTERNATIONAL, LLC

8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12
13
14

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

Case No. 1:12-cv-01569-LJO-BAM
STIPULATION AND ORDER RE:
BRIEFING SCHEDULE FOR PLAINTIFFS’
MOTION FOR SUMMARY JUDGMENT
(Doc. # 23-1)

15
16

Plaintiffs,

17
18
19
20

vs.
VWR INTERNATIONAL, LLC, a Delaware
corporation; and DOES 1-X, inclusive,

21

Hearing Date:
Hearing Time:
Hearing Location:
Judge:

December 20, 2012
8:30 a.m.
Courtroom 4, 7th Floor
Hon. Lawrence J. O’Neill

Defendants.

22

This Stipulation is made and entered into pursuant to Eastern District of California Local

23

Rules 143, 144, and 230(f), in the above-captioned action, by and between Plaintiffs Coalition for

24

Clean Air, Center For Environmental Health, Association Of Irritated Residents, Teamsters Joint

25

Council 7, and Kevin Long (“Plaintiffs”) and Defendant VWR International, LLC (“Defendant”)

26

through their respective counsel of record:

27

WHEREAS, on December 3, 2012, Plaintiffs filed a motion for summary judgment

28
D RINKER B IDDLE &
R EATH LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

LA01/ 1176585.1

STIPULATION AND [PROPOSED] ORDER

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18

concurrently with its opposition to Defendant’s motion to dismiss (Doc. # 23-2), which has been
set for hearing alongside Plaintiffs’ motion for a preliminary injunction (Doc. # 6) on December
20, 2012.
WHEREAS, Local Rule 230(e) provides that upon filing and service of a counter-motion
or related motion with a party’s opposition to a pending motion, the court may continue the
hearing on all of the motions to permit a reasonable opportunity for all parties to serve and file
oppositions and replies.
WHEREAS, the summary judgment motion relies entirely on matters already before the
court in connection with the preliminary injunction motion and motion to dismiss.
WHEREAS, Defendant is willing to forebear from seeking a continuance of the
preliminary injunction motion and motion to dismiss, provided that it is allowed a reasonable
amount of time to file a short opposition to the motion for summary judgment.
WHEREAS, Plaintiffs are willing to waive the opportunity to file a reply brief in support
of the motion for summary judgment.
NOW, THEREFORE, the parties hereby stipulate and request the following regarding the
opposition to the motion for summary judgment and the reply to the opposition to the motion for
summary judgment:
1. Defendant’s opposition to the motion for summary judgment shall be filed on or

19
20

before December 18, 2012;
2. Defendant’s opposition to the motion for summary judgment shall not exceed ten

21
22
23

pages.
3. Plaintiffs waive reply to the opposition to the motion for summary judgment;
4. Hearing on the motion for summary judgment may proceed as scheduled on

24
25

December 20, 2012 at 8:30 a.m.
Respectfully submitted,

26
27
28
D RINKER B IDDLE &
R EATH LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

LA01/ 1176585.1

-2-

STIPULATION AND [PROPOSED] ORDER

1

Dated:

December 13, 2012

DRINKER BIDDLE & REATH LLP

2
3

By: /s/ Adam J. Thurston

4

Attorneys for Defendant
VWR INTERNATIONAL LLC

5
6

Dated:

December 13, 2012

LOUZEAU DRURY LLP

7
8

By: /s/ Richard Drury
(as authorized on 12/13/12)

9

Attorneys for Plaintiffs

10
11
12
13
14

ORDER
IT IS HEREBY ORDERED, that the briefing and hearing schedule on Plaintiffs’ motion
for summary judgment shall be as follows:
1. Defendant’s opposition to the motion for summary judgment shall not exceed 10

15
16

pages and shall be filed on or before December 18, 2012;

17

2. Plaintiffs waive reply to the opposition to the motion for summary judgment;

18

3. The hearing for the preliminary injunction motion, motion to dismiss, and motion

19

for summary judgment will proceed as scheduled on December 20, 2012 at 8:30

20

a.m., unless the Court subsequently determines not to entertain oral argument on

21

the motions.

22
23
24
25

IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

December 13, 2012

UNITED STATES DISTRICT JUDGE
26

DEAC_Signature-END:

66h44d

27
28
D RINKER B IDDLE &
R EATH LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

LA01/ 1176585.1

-3-

STIPULATION AND [PROPOSED] ORDER