USA v. El Dorado County, et al

Filing 451

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 1/14/2015 ORDERING that the stipulated Motion for the United States to Withdraw its Brief Without Prejudice is GRANTED. The 448 brief filed by the United States on 1/2/2015 i s hereby deemed WITHDRAWN WITHOUT PREJUDICE. As previously stipulated and ordered, the United States shall have until Monday, 2/2/2015, to file any response brief pursuant to the Court's 445 Order dated 10/29/2014. Any reply on behalf of the County must be filed no later than 2/17/2015. (Zignago, K.)

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John C. Cruden
Assistant Attorney General
United States Department of Justice
Environment & Natural Resources Division
Karl J. Fingerhood, Senior Counsel
Andrew J. Doyle, Attorney
P.O. Box 7611
Washington, DC 20044-7611
Telephone: [phone] & [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for United States of America
THOMAS M. BRUEN (SBN: 63324)
LAW OFFICES OF THOMAS M. BRUEN
A Professional Corporation
1990 N. California Boulevard, Suite 620
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorney for El Dorado County, California

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

No. 2:01-cv-1520-MCE-DAD

Plaintiff,

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v.

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EL DORADO COUNTY, CALIFORNIA,

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STIPULATION TO WITHDRAW UNITED
STATES’ BRIEF WITHOUT PREJUDICE
and ORDER

et al.,

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Defendants.
AND RELATED ACTIONS.

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WHEREAS, on July 8, 2011 (ECF No. 416) the Court entered an Order granting
El Dorado County’s (“County”) Motion to Modify the Consent Decree in this matter.
Stipulation and Motion to Withdraw Brief Without
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Prejudice / Order

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WHEREAS, by Order dated October 29, 2014 (ECF No. 445) the Court ordered
further briefing on the issues remaining in this dispute between the County and the
United States.

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WHEREAS, the Court’s Order required the County to file an opening brief by

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November 28, 2014; the United States to file a response brief by January 2, 2015; and
the County to file a reply brief by January 16, 2015.
WHEREAS, on November 28, 2014, the County filed its opening brief (ECF No.

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446).
WHEREAS, on December 3, 2014, the parties had an in-person mediation to
attempt to resolve the remaining issues in dispute before the District Court as well as

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some additional issues.
WHEREAS, in light of the parties’ progress at mediation, on December 22, 2014,

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the parties filed a stipulation and motion to extend the deadline by which the United

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States must filed its response brief (ECF No. 447).

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WHEREAS, the requested extension was to February 2, 2015.
WHEREAS, in the absence of action by the Court, the United States filed its
response brief on January 2, 2015 (ECF No. 448).
WHEREAS, on January 6, 2015, the Court granted the parties’ extension motion
(ECF No. 449).

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IT IS HEREBY STIPULATED AND AGREED that the United States’ brief is

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hereby WITHDRAWN WITHOUT PREJUDICE. In accordance with the Court’s Order of

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January 6, 2015 (ECF No. 449), the United States shall have until, Monday, February 2,

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2015 to submit any response brief. Any reply on behalf of the County must be filed no
later than February 17, 2015.
Stipulation and Motion to Withdraw Brief Without
Prejudice / Order

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DATED: January 13, 2015

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Respectfully submitted,

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FOR THE UNITED STATES OF AMERICA

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JOHN C. CRUDEN
Assistant Attorney General
Environment & Natural Resources Division
U.S. Department of Justice

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__/s/ Andrew J. Doyle___________
ANDREW J. DOYLE
Trial Attorney
Environmental Defense Section
Environment & Natural Resources Division
U.S. Department of Justice

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KARL J. FINGERHOOD
Senior Counsel
Environmental Enforcement Section
Environment & Natural Resources Division
U.S. Department of Justice

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BENJAMIN B. WAGNER
United States Attorney

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FOR DEFENDANT EL DORADO COUNTY, CALIFORNIA:
LAW OFFICES OF THOMAS M. BRUEN
A Professional Corporation

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Dated: January 13, 2015

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__/s/ Thomas M. Bruen (with permission by AJD)
THOMAS M. BRUEN (SBN: 63324)
1990 N. California Boulevard, Suite 620
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Stipulation and Motion to Withdraw Brief Without
Prejudice / Order

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ORDER
Upon consideration of the Parties’ Stipulation and Motion for the United States to
Withdraw its Brief Without Prejudice, it is hereby ORDERED that the stipulated motion is
GRANTED. The brief filed by the United States on January 2, 2015 (ECF No. 448) is
hereby deemed WITHDRAWN WITHOUT PREJUDICE. As previously stipulated and

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ordered, the United States shall have until Monday, February 2, 2015, to file any

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response brief pursuant to the Court’s Order dated October 29, 2014 (ECF No. 445).

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Any reply on behalf of the County must be filed no later than February 17, 2015.

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IT IS SO ORDERED.
Dated: January 14, 2015

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Stipulation and Motion to Withdraw Brief Without
Prejudice / Order

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