Pacific Merchant Shipping Association v. Goldstene

Filing 51

STIPULATION and ORDER signed by Judge Morrison C. England, Jr. on 7/15/2009 ORDERING 50 The Motion for Modification is set for hearing for 7/30/2009 at 02:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. Pltf must electronically file its Motion for Modification and Memorandum in support thereof no later than 5:00 p.m. on Monday, 7/13/2009. Any Opposition by the Dft or any of the Dft-Intervenors to Pltf's Motion for Modification must be electronically filed no later than 7/22/2009; Any Reply by Pltf must be electronically filed no later than 7/24/2009. (Reader, L)

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FLYNN, DELICH & WISE LLP

Erich P. Wise/State Bar No. 63219 Nicholas S. Politis/State Bar No. 92978 Aleksandrs E. Drumalds/State Bar No. 237101 FLYNN, DELICH & WISE LLP One World Trade Center, Suite 1800 Long Beach, California 90831-1800 Telephone: [phone] Facsimile: [phone] James B. Nebel/State Bar No. 69626 Conte C. Cicala/State Bar No. 173554 FLYNN, DELICH & WISE LLP One California Street, Suite 350 San Francisco, California Telephone: [phone] Facsimile: [phone]

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ATTORNEYS AT LAW One World Trade Center, Suite 1800 Long Beach, California 90831-1800 [phone]

Attorneys for Plaintiff PACIFIC MERCHANT SHIPPING ASSOCIATION, 12 a California Mutual Benefit Corporation 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. JAMES GOLDSTENE, in his official capacity as Executive Officer of the California Air Resources Board, Defendant, NATURAL RESOURCES DEFENSE COUNCIL, INC., COALITION FOR CLEAN AIR, INC., and SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT, Defendants-Intervenors. _____________________________________ Plaintiff, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ­ SACRAMENTO PACIFIC MERCHANT SHIPPING ASSOCIATION ("PMSA"), a California Mutual Benefit Corporation, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:09-cv-01151-MCE-EFB JOINT STIPULATION TO SHORTEN THE TIME FOR NOTICE, PLEADING, AND HEARING OF PLAINTIFF'S MOTION FOR MODIFICATION OF THE COURT'S JUNE 30, 2009 MEMORANDUM AND ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT TO ALLOW IMMEDIATE INTERLOCUTORY APPEAL PURSUANT TO 28 U.S.C. §1292(b); [PROPOSED] ORDER THEREON Local Rule 6-144(e)

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FLYNN, DELICH & WISE LLP

TO THE COURT AND ALL RESPECTIVE PARTIES: IT IS HEREBY STIPULATED by and between Plaintiff Pacific Merchant Shipping Association ("PMSA"), Defendant James Goldstene, and Defendant-Intervenors National Resources Defense Council, Inc., Coalition for Clean Air, Inc., and South Coast Air Quality Management District, through their respective counsel of record, that: Plaintiff PMSA intends to file a motion to modify the Court's Memorandum and Order of June 30, 2009, denying PMSA's Motion for Summary Judgment to include findings that would support immediate interlocutory appeal pursuant to 28 U.S.C. §1292(b) (hereinafter referred to as the "Motion for Modification"). Defendant and the Defendant-Intervenors will oppose this motion, but all

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ATTORNEYS AT LAW One World Trade Center, Suite 1800 Long Beach, California 90831-1800 [phone]

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12 the parties have agreed that Plaintiff's Motion for Modification may be heard by the Court on 13 shortened time and with shortened notice pursuant to Local Rule 6-144(e). 14 15 16 17 The parties, therefore, stipulate to and propose the following schedule for Plaintiff's Motion for Modification: 1. Hearing on Plaintiff's Motion for Modification: Thursday, July 30, 2009, at 2:00

18 p.m. in Courtroom 7. 19 20 21 22 2. Plaintiff will electronically file its Motion for Modification and Memorandum in

support thereof no later than 5:00 p.m. on Monday, July 13, 2009. 3. Any Opposition by the Defendant or any of the Defendant-Intervenors to Plaintiff's

23 Motion for Modification must be electronically filed no later than Wednesday, July 22, 2009. 24 25 ///

26 / / / 27 28 ///

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4. 2009.

Any Reply by Plaintiff must be electronically filed no later than Friday, July 24,

SO STIPULATED AND AGREED. FLYNN, DELICH & WISE, LLP Dated: July 13, 2009 /s/ Erich P. Wise Erich P. Wise Nicholas S. Politis Aleksandrs E. Drumalds Attorneys for Plaintiff PACIFIC MERCHANT SHIPPING ASSOCIATION, a California Mutual Benefit Corporation Edmund G. Brown, Jr. Attorney General of the State of California Dated: July 13, 2009 /s/ Nicholas Stern (as authorized on 7/13/09) Nicholas Stern Deputy Attorneys General Attorneys for Defendant JAMES GOLDSTENE, in his official capacity as Executive Officer of the California Air Resources Board NATURAL RESOURCES DEFENSE COUNCIL /s/ Melissa Lin Perrella (as authorized on 7/13/09) David R. Pettit Melissa Lin Perrella Attorneys for Defendants-Intervenors NATURAL RESOURCES DEFENSE COUNCIL and COALITION FOR CLEAN AIR, INC. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT Dated: July 13, 2009 /s/ Barbara Baird (as authorized on 7/13/09) Kurt R. Wiese Barbara Baird Attorneys for Defendant-Intervenor SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT

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ATTORNEYS AT LAW One World Trade Center, Suite 1800 Long Beach, California 90831-1800 [phone]

11 12 13 14 15 16 17 18 Dated: July 13, 2009 19 20 21 22 23 24 25 26 27 28

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ORDER

Based on the foregoing Stipulation, IT IS HEREBY ORDERED that: Plaintiff's Motion for Modification of the Court's June 30, 2009 Memorandum and Order Denying Plaintiff's Motion for Summary Judgment to Allow Immediate Interlocutory Appeal Pursuant 28 U.S.C. §1292(b) will be heard on shortened time and with shortened notice pursuant to Local Rule 6-144(e). 1. The Motion for Modification is set for hearing on Thursday, July 30, 2009, at 2:00

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ATTORNEYS AT LAW One World Trade Center, Suite 1800 Long Beach, California 90831-1800 [phone]

p.m. in Courtroom 7. 2. Plaintiff must electronically file its Motion for Modification and Memorandum in

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13 support thereof no later than 5:00 p.m. on Monday, July 13, 2009. 14 15 16 17 18 2009. 19 20 21 22 23 24 25 26 27 28 DATED: July 15, 2009 __________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE IT IS SO ORDERED. 3. Any Opposition by the Defendant or any of the Defendant-Intervenors to Plaintiff's

Motion for Modification must be electronically filed no later than Wednesday, July 22, 2009. 4. Any Reply by Plaintiff must be electronically filed no later than Friday, July 24,

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