Owner-Operator Independent Drivers Association, Inc. et al v. Corey et al

Filing 16

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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1 2 3 4 5 6 7 8 9 10 11 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 12 IN THE UNITED STATES DISTRICT COURT 13 FOR THE EASTERN DISTRICT OF CALIFORNIA 14 15 16 17 18 19 20 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, 21 22 23 1:13-CV-01998-LJO-SAB STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT Plaintiffs, v. 27 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, 28 Defendants. 24 25 26 1 1 Plaintiffs OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION, INC., 2 DALE L. CURTICE, JR. d/b/a CURTICE TRUCKING, INC., NELSON GREENWADE, SR. 3 d/b/a DREAM TEAM EXPRESS LLC, LANCE HENNING d/b/a LANCE HENNING 4 TRUCKING, LEO T. JOLIN, BARRY VUN CANNON d/b/a NACO LLC, JOHNNY WEST, 5 RICHARD M. HUNTER, and RUSSELL A. SHORT, and defendants RICHARD W. COREY in 6 his official and personal capacity as Executive Officer of the California Air Resources Board, 7 MARY D. NICHOLS in her official and personal capacity as Chairman of the California Air 8 Resources Board, and MATT RODRIQUEZ in his official capacity as Secretary of the California 9 Environmental Protection Agency (collectively Defendants), by and through their counsel, enter 10 11 12 13 into this stipulation based on the following facts: 1. 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. 2. Plaintiffs granted Defendants a twenty-day extension of time to respond to Plaintiffs’ 14 Complaint. The parties filed their Stipulation Extending Time for Defendants to respond to 15 Complaint on December 30, 2013. 16 17 18 3. The parties have been discussing the possibility of entering into a stipulation that would affect the Defendants’ response in this matter. 4. Plaintiffs agree that Defendants’ time to respond to Plaintiffs Complaint be extended 19 by seven days, to and including January 27, 2014, to enable the parties to determine whether a 20 stipulation can be reached, and provide Defendants with sufficient time to answer or otherwise 21 respond to Plaintiffs’ Complaint. 22 STIPULATION 23 THEREFORE, the parties to this action, through their respective attorneys, stipulate: 24 1. 25 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. 26 27 28 2 1 Dated: January 13, 2014 KAMALA D. HARRIS Attorney General of California RANDY L. BARROW Supervising Deputy Attorney General 2 3 4 /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 5 6 7 8 9 10 11 12 13 Dated: January 13, 2014 s LAW OFFICES OF BRIAN C. LEIGHTON 14 /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 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 1 ORDER 2 Based on the foregoing Stipulation, IT IS ORDERED that: 3 Defendants time to answer or otherwise respond to Plaitniffs’ Complaint for Declaratory 4 and Injunctive Relief is extended to January 27, 2014. 5 6 7 IT IS SO ORDERED. Dated: January 14, 2014 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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