Center Point LLC v. California High-Speed Rail Authority

Filing 14

STIPULATION and ORDER for Leave to File Second Amended Complaint signed by Magistrate Judge Erica P. Grosjean on March 12, 2025. (Deputy Clerk FMN)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CENTER POINT, LLC,

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Case No. 1:24-cv-01600-JLT-EPG

Plaintiff,

STIPULATION FOR LEAVE TO FILE
SECOND AMENDED COMPLAINT;
ORDER

v.

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(ECF No. 13)
IAN CHOUDRI, IN HIS OFFICIAL
CAPACITY AS CHIEF EXECUTIVE
OFFICER OF THE CALIFORNIA HIGHSPEED RAIL AUTHORITY, AND IN HIS
PERSONAL CAPACITY; AND DOES 1
THROUGH 100, INCLUSIVE,

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Defendants.

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Plaintiff Center Point, LLC (“Plaintiff”), and Defendant Ian Choudri (“Defendant”), hereby
stipulate to provide Plaintiff with leave to file a second amended complaint in the above-captioned
action.
WHEREAS, on December 30, Plaintiff filed its Complaint for Civil Penalties, Declaratory,
and Injunctive Relief Based on Violations of the Clean Water Act against the California HighSpeed Rail Authority (the “Authority”). ECF No. 1.
WHEREAS, on January 15, 2025, Plaintiff filed its First Amended Complaint for Civil
Penalties, Declaratory, and Injunctive Relief (the “FAC”). ECF No. 5. With the FAC, Plaintiff

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named Defendant as defendant in lieu of the Authority, which is no longer a party to the above-

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captioned case.

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WHEREAS, on January 17, 2025, counsel for Plaintiff requested that Defendant waive
service of summons of the FAC.
WHEREAS, on February 13, 2025, Defendant, through counsel, timely served a waiver of
service of summons of the FAC pursuant to Rule 4(d) of the Federal Rules of Civil Procedure.
WHEREAS, Defendant has until March 18, 2025, to answer or file a Rule 12 motion in
response to the FAC. See Fed. R. Civ. P. 12(1)(A)(ii).

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WHEREAS, on February 21, 2025, Defendant, through counsel, submitted a meet-and-confer

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correspondence to Plaintiff’s counsel, detailing the bases on which Defendant intends to move for

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dismissal of the FAC.

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WHEREAS, the parties met and conferred on March 11, 2025, and agreed to stipulate to
grant Plaintiff leave to file a second amended complaint.
WHEREAS, as part of that stipulation, the parties agreed to provide Plaintiff until March 25,
2025, to file a second amended complaint.

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WHEREAS, as part of that stipulation, the parties also agreed to provide Defendant with 30

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days from the filing of the second amended complaint to file an answer or Rule 12 motion in

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response to the second amended complaint.

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THEREFORE, the parties hereby stipulate to grant Plaintiff leave to file a second amended

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complaint. Plaintiff shall have until March 25, 2025, to file the second amended complaint.

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Defendant shall have 30 days from the filing of the second amended complaint to file an answer or

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Rule 12 motion in response to the second amended complaint. Should Plaintiff forego filing a

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second amended complaint, Defendant shall have until April 24, 2025 to file an answer or Rule 12

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motion in response to the FAC.

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IT IS SO STIPULATED.

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Dated: March 11, 2025

Respectfully submitted,

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ROB BONTA
Attorney General of California
JESSICA E. TUCKER-MOHL
Supervising Deputy Attorney General

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/s/ Matthew T. Struhar
MATTHEW T. STRUHAR
Deputy Attorney General
Attorneys for Defendant Ian Choudri

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WANGER JONES HELSEY
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Jay A. Christofferson
Nicolas R. Cardella
Attorneys for Plaintiff Center Point, LLC

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Plaintiff Center Point, LLC (“Plaintiff”), and Defendant Ian Choudri (“Defendant”) have
stipulated to grant Plaintiff leave to file a second amended complaint.

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IT IS HEREBY ORDERED as follows:

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1. The stipulation (ECF No. 13) is GRANTED.

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2. Plaintiff shall have until March 25, 2025, to file a second amended complaint.

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3. Defendant shall have 30 days from the date the second amended complaint is filed to file

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an answer or Rule 12 motion in response to the second amended complaint.
4. Should Plaintiff forego filing a second amendment complaint, Defendant shall have until
April 24, 2025, to file an answer or Rule 12 motion in response to the FAC.

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IT IS SO ORDERED.
Dated:

March 12, 2025

/s/
UNITED STATES MAGISTRATE JUDGE

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