League to Save Lake Tahoe v. Tahoe Regional Planning Agency et al

Filing 72

STIPULATION and ORDER signed by Judge John A. Mendez on 7/2/2009 GRANTING 71 Stipulation and Proposed Order; Motion Hearing set for 11/18/2009 at 01:30 PM in Courtroom 6 (JAM) before Judge John A. Mendez. (Matson, R)

1 REMY, THOMAS, MOOSE AND MANLEY, LLP 2 HOWARD F. WILKINS III, SBN 203083 3 455 Capitol Mall, Suite 210 4 Telephone: [phone]

WHITMAN F. MANLEY, SBN 130972

CHRISTOPHER J. BUTCHER, SBN 253285 Sacramento, California 95814 Facsimile: [phone]

5 E-mail: [e-mail] 6

[e-mail] [e-mail]

7 Attorneys for Defendants 8 9 10 11

Tahoe Vista Partners, LLC UNITED STATE DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

12 LEAGUE TO SAVE LAKE TAHOE, a

California non-profit corporation; 13 FRIENDS OF TAHOE VISTA, an unincorporated association,
14 15 16

Plaintiffs, v. TAHOE REGIONAL PLANNING

17 AGENCY, a separate legal entity created 18 United Stated Congress, and TAHOE 19 liability corporation, BOARD OF

by bi-state compact approved by the

VISTA PARTNERS, LLC, a limited

20 PLACER, COUNTY OF PLACER 21 22 23

SUPERVISORS OF THE COUNTY OF Defendants.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

CASE NO. 2:08-cv-2447 JAM-KJM STIPULATION AND ORDER REGARDING TAHOE REGIONAL PLANNING AGENCY ADMINISTRATIVE RECORD AND RELATED BRIEFING (AS MODIFIED BY THE COURT) DATE: TIME: DEPT.: JUDGE: September 9, 2009 9:00 a.m. 6 Hon. John A. Mendez

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REMY, THOMAS, MOOSE and MANLEY, LLP 455 Capitol Mall, Suite 210 Sacramento, CA 95814

STIPULATION AND [PROPOSED] ORDER RE TRPA ADMIN RECORD AND RELATED BRIEFING

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RECITALS WHEREAS, on June 1, 2009, Plaintiffs League to Save Lake Tahoe and Friends of

3 Tahoe Vista (collectively, "Plaintiffs") filed a motion for partial summary judgment and 4 permanent injunction on the First and Fourth causes of action in the Second Amended 5 Complaint ("Plaintiffs' motion for summary judgment/preliminary injunction ") against 6 Defendants Tahoe Regional Planning Agency ("TRPA"), and Tahoe Vista Partners, LLC 7 ("TVP"), originally scheduled for hearing on July 15, 2009 at 9:00 a.m. 8

WHEREAS, on June 11, 2009, the Court approved the following briefing and

9 hearing schedule for Plaintiffs' motion for summary judgment/preliminary injunction 10 based on a stipulation between the parties (Document No. 66): 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

a. Opposition brief deadline: July 27, 2009. b. Reply brief deadline: August 17, 2009. c. Hearing date: September 9, 2009. WHEREAS, the Court also set the following briefing and hearing schedule for any counter-motion(s) filed by TRPA or TVP unless the parties agreed an additional extension of time was necessary or appropriate (Document No. 66): d. Opposition brief deadline for any counter-motions: August 17, 2009. e. Reply brief deadline for any counter-motions: August 27, 2009. f. Hearing date for any counter-motions: September 9, 2009. WHEREAS, TRPA requires additional time to prepare and file the administrative record, which is currently due June 30, 2009. The addition of time to file the administrative record will necessitate adjustments to the briefing schedule describe above. NOW THEREFORE, Plaintiffs League to Save Lake Tahoe, et al., and Defendants Tahoe Regional Planning Agency, et al., by and through their respective attorneys of record, hereby stipulate and agree as follows: 1. 2. TRPA shall have until July 14, 2009, to lodge the TRPA administrative TVP and TRPA shall have until August 31, 2009, to file any oppositions or -1 -

26 record with the Court and serve electronic copies on the parties. 27 28
REMY, THOMAS, MOOSE and MANLEY, LLP 455 Capitol Mall, Suite 210 Sacramento, CA 95814

STIPULATION AND [PROPOSED] ORDER RE TRPA ADMIN RECORD AND RELATED BRIEFING

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1 counter-motions to Plaintiffs' motion for summary judgment/preliminary injunction. 2

3.

Plaintiffs shall have until September 30, 2009, to file a reply briefs in support

3 of their motions for summary judgment/preliminary injunction and any opposition(s) 4 counter-motion(s) filed by TRPA or TVP. 5

4.

TVP and TRPA shall have until October 15, 2009, to file any reply briefs in

6 support of their counter-motions to Plaintiffs' motion for summary judgment/preliminary 7 injunction. 8 9 10 11 12 13 14 15 16 17 18 19 Dated: June 30, 2009 20 21 22 23 24 25 26 27 28

5. 6.

A hearing date for all the above-referenced motions is set for November 18, Defendant TVP agrees that it will not commence physical construction

2009 at 1:30 p.m. in courtroom #6. activities on the site prior to the court issuing a ruling on Plaintiffs' motion for summary judgment/ preliminary injunction or before May 1, 2010, whichever occurs first, unless the Parties enter into a written stipulation providing otherwise. Physical construction activities for purposes of this provision, include, but are not limited to, tree cutting in furtherance of the project, site grading, pouring of concrete, asphalt paving, and/or any physical activities at the site in furtherance of the project. Plaintiffs acknowledge that TVP has a TRPA tree removal permit (QE20041145) issued on December 21, 2004, to cut and remove dangerous and diseased trees on the project site that is not subject to this stipulation. REMY THOMAS MOOSE & MANLEY LLP

By: /s/ Howard F. Wilkins III Howard F. Wilkins III Attorneys for Defendant Tahoe Vista Partners LLC LOZEAU | DRURY LLP

By: /s/ Richard Drury (as authorized 6/30/09) Richard Drury Attorneys for Plaintiff League to Save Lake Tahoe

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STIPULATION AND [PROPOSED] ORDER RE TRPA ADMIN RECORD AND RELATED BRIEFING

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KENYON YEATES LLP

By: /s/ Bill Yeates (as authorized 6/30/09) Bill Yeates Attorneys for Plaintiff Friends of Tahoe Vista TAHOE REGIONAL PLANNING AGENCY

By: /s/ John L. Marshall (as authorized 6/30/09) Nicole Rinke John L. Marshall Attorneys for Defendant Tahoe Regional Planning Agency

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STIPULATION AND [PROPOSED] ORDER RE TRPA ADMIN RECORD AND RELATED BRIEFING

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ORDER The Court having read and considered the foregoing stipulation, and good cause appearing, IT IS SO ORDERED, this 2nd day of July, 2009.

/s/ John A. Mendez________ Honorable John A. Mendez United States District Judge

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STIPULATION AND [PROPOSED] ORDER RE TRPA ADMIN RECORD AND RELATED BRIEFING

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CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing will be e-filed on June 30,

3 2009, and will be automatically served upon counsel of record, all of whom appear to be 4 subscribed to receive notice from the ECF system. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

/s/ Howard F. Wilkins III
HOWARD F. WILKINS III Remy, Thomas, Moose and Manley, LLP 455 Capitol Mall, Suite 210 Sacramento, CA 95814 Telephone: [phone] Facsimile: [phone] [e-mail]

Attorneys for Defendant Tahoe Vista Partners LLC

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REMY, THOMAS, MOOSE and MANLEY, LLP 455 Capitol Mall, Suite 210 Sacramento, CA 95814

STIPULATION AND [PROPOSED] ORDER RE TRPA ADMIN RECORD AND RELATED BRIEFING

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