Owner-Operator Independent Drivers Association, Inc. et al v. Corey et al
Filing
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STIPULATION and ORDER extending time for defendants to respond to complaint. Signed by Magistrate Judge Stanley A. Boone on 1/14/2014. (Hernandez, M)
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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
RANDY L. BARROW, State Bar No. 111290
Supervising Deputy Attorney General
NICHOLAS STERN, State Bar No. 148308
COURTNEY S. COVINGTON, State Bar No. 259723
LINDA GÁNDARA, State Bar No. 194667
Deputy Attorneys General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: (916) 445-4853
Fax: (916) 327-2319
E-mail: Linda.Gandara@doj.ca.gov
Attorneys for Defendants Richard W. Corey in his
official and personal capacity as Executive Officer
of the California Air Resources Board, Mary D.
Nichols in her official and personal capacity as
Chairman of the California Air Resources Board,
and Matt Rodriquez in his official capacity as
Secretary of the California Environmental
Protection Agency
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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OWNER-OPERATOR INDEPENDENT
DRIVERS ASSOCIATION, INC., DALE L.
CURTICE, JR. d/b/a CURTICE
TRUCKING, INC., NELSON
GREENWADE, SR. d/b/a DREAM TEAM
EXPRESS LLC, LANCE HENNING d/b/a
LANCE HENNING TRUCKING, LEO T.
JOLIN, BARRY VUN CANNON d/b/a
NACO LLC, JOHNNY WEST, RICHARD
M. HUNTER, and RUSSELL A. SHORT,
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1:13-CV-01998-LJO-SAB
STIPULATION AND ORDER
EXTENDING TIME FOR DEFENDANTS
TO RESPOND TO COMPLAINT
Plaintiffs,
v.
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RICHARD W. COREY in his official and
personal capacity as Executive Officer of the
California Air Resources Board; MARY D.
NICHOLS in her official and personal
capacity as Chairman of the California Air
Resources Board; MATT RODRIGUEZ in
his official capacity as Secretary of the
California Environmental Protection
Agency,
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Defendants.
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Plaintiffs OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION, INC.,
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DALE L. CURTICE, JR. d/b/a CURTICE TRUCKING, INC., NELSON GREENWADE, SR.
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d/b/a DREAM TEAM EXPRESS LLC, LANCE HENNING d/b/a LANCE HENNING
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TRUCKING, LEO T. JOLIN, BARRY VUN CANNON d/b/a NACO LLC, JOHNNY WEST,
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RICHARD M. HUNTER, and RUSSELL A. SHORT, and defendants RICHARD W. COREY in
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his official and personal capacity as Executive Officer of the California Air Resources Board,
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MARY D. NICHOLS in her official and personal capacity as Chairman of the California Air
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Resources Board, and MATT RODRIQUEZ in his official capacity as Secretary of the California
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Environmental Protection Agency (collectively Defendants), by and through their counsel, enter
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into this stipulation based on the following facts:
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On December 6, 2013, Plaintiffs filed their Complaint for Declaratory and Injunctive
Relief in this action. The Complaint was served on Defendants on December 9, 2013.
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Plaintiffs granted Defendants a twenty-day extension of time to respond to Plaintiffs’
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Complaint. The parties filed their Stipulation Extending Time for Defendants to respond to
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Complaint on December 30, 2013.
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3.
The parties have been discussing the possibility of entering into a stipulation that
would affect the Defendants’ response in this matter.
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Plaintiffs agree that Defendants’ time to respond to Plaintiffs Complaint be extended
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by seven days, to and including January 27, 2014, to enable the parties to determine whether a
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stipulation can be reached, and provide Defendants with sufficient time to answer or otherwise
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respond to Plaintiffs’ Complaint.
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STIPULATION
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THEREFORE, the parties to this action, through their respective attorneys, stipulate:
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1.
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Defendants’ time to respond to this Complaint is extended by an additional seven
days, to and including January 27, 2014, for a total extension time of twenty-eight days.
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Dated: January 13, 2014
KAMALA D. HARRIS
Attorney General of California
RANDY L. BARROW
Supervising Deputy Attorney General
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/s/ Nicholas Stern
NICHOLAS STERN
Deputy Attorney General
Attorneys for Defendants Richard W. Corey
in his official and personal capacity as
Executive Officer of the California Air
Resources Board, Mary D. Nichols in her
official and personal capacity as Chairman
of the California Air Resources Board, and
Matt Rodriquez in his official capacity as
Secretary of the California Environmental
Protection Agency
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Dated: January 13, 2014
s
LAW OFFICES OF BRIAN C. LEIGHTON
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/S/ BRIAN C. LEIGHTON
BRIAN C. LEIGHTON
Attorney for Owner-Operator Independent
Drivers Association, Inc., Dale L. Curtice,
Jr. d/b/a Curtice Trucking, Inc., Nelson
Greenwade, Sr. d/b/a Dream Team Express
LLC, Lance Henning d/b/a Lance Henning
Trucking, Leo T. Jolin, Barry Vun Cannon
d/b/a Naco LLC, Johnny West, Richard M.
Hunter, and Russell A. Short
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ORDER
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Based on the foregoing Stipulation, IT IS ORDERED that:
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Defendants time to answer or otherwise respond to Plaitniffs’ Complaint for Declaratory
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and Injunctive Relief is extended to January 27, 2014.
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IT IS SO ORDERED.
Dated:
January 14, 2014
UNITED STATES MAGISTRATE JUDGE
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