Natl Assn of Optomet, et al v. Lockyer, et al

Filing 475

ORDER signed by Senior Judge Lawrence K. Karlton on 10/15/2009; pltfs motion for summary judgment due by 1/20/2010; dfts shall file cross-motion and opposition no later than 2/17/2010; pltfs shall file opposition and reply no later than 3/10/2010; In Court Hearing set for 4/19/2010 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Suttles, J)

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 Plaintiffs, 14 v. 15 16 17 18 19 Defendants. 20 21 22 23 24 25 26 / Plaintiffs in this case challenge various California statutes under the dormant commerce clause. The Ninth Circuit has remanded EDMUND G. BROWN, JR., in his official capacity as Attorney General of the State of California; and CARRIE LOPEZ in her official capacity as Director of the Department of Consumer Affairs, ORDER NATIONAL ASSOCIATION OF OPTOMETRISTS & OPTICIANS; LENSCRAFTERS, INC; and EYE CARE CENTERS OF AMERICA, INC.,

NO. CIV. S-02-1464 LKK/DAD

this case to this court for an evaluation of whether the statutes place a burden on interstate commerce that outweighs their

benefits.

Nat'l Ass'n of Optometrists & Opticians Lenscrafters,

Inc. v. Brown, 567 F.3d 521, 528-29 (9th Cir. 2009) (citing Pike 1

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v. Bruce Church, Inc., 397 U.S. 137, 142 (1970)). Although the parties have previously briefed this issue, the court finds that renewed briefing is appropriate. The court adopts the parties' stipulation as to the following briefing schedule: 1. Plaintiffs SHALL file and serve a motion for summary judgment on the Pike issue not later than January 20, 2010. 2. Defendants SHALL file cross-motion and opposition not later than February 17, 2010. 3. Plaintiffs SHALL file an opposition and reply not later than March 10, 2010. 4. Defendants MAY file a reply not later than March 31, 2010. 5. Hearing on this matter is SET for April 19, 2010, at 10:00 a.m. in Courtroom Four. IT IS SO ORDERED. DATED: October 15, 2009.

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