Pacific Merchant Shipping Association v. Goldstene

Filing 62

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 1/11/2010 re 61 ORDERING that proceedings in the district court in this action be stayed in their entirety pending conclusion of Plaintiff's interlocutory appeal to the Court of Appeals for the Ninth Circuit of this Court's denial of Plaintiff's Motion for Summary Judgment. All dates and deadlines pertaining to discovery, motions, pretrial, and trial of the matter as scheduled by the Court's Pretrial Schedulin g Order of August 19, 2009, are vacated, subject to further Order of this Court. Not later than June 1, 2010 the parties shall file a Joint Status report to provide the District Court with the latest information on the case, including any information re the proceedings in the Ninth Circuit.(Duong, D)

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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. ___________________________________ PACIFIC MERCHANT SHIPPING ASSOCIATION ("PMSA"), a California Mutual Benefit Corporation, Plaintiff, ) Case No.: 2:09-CV-01151-MCE-EFB ) ) JOINT STIPULATION TO STAY ) DISTRICT COURT ACTION PENDING ) APPEAL AND TO VACATE DATES SET ) BY SCHEDULING ORDER ; ORDER ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO

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-1JOINT STIPULATION TO STAY DISTRICT COURT ACTION PENDING APPEAL AND TO VACATE DATES SET BY SCHEDULING ORDER; [PROPOSED] ORDER THEREON

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FLYNN, DELICH & WISE LLP

TO THE COURT AND ALL RESPECTIVE PARTIES: IT IS HEREBY STIPULATED, AGREED AND REQUESTED, by and among Plaintiff Pacific Merchant Shipping Association ("PMSA"), Defendant James Goldstene, and DefendantIntervenors Natural Resources Defense Council, Inc., Coalition for Clean Air, Inc., and South Coast Air Quality Management District, through their counsel of record, that: 1. Pursuant to the Court's authority to control proceedings pending before it as provided by Rule 16(b)(4) of the Federal Rules of Civil Procedure and 28 U.S.C. §1292(b), the Court enter an order staying further proceedings in the district court case pending conclusion of Plaintiff's interlocutory

10 appeal of the Court's denial of Plaintiff's Motion for Summary Judgment to the Court of Appeals for
ATTORNEYS AT LAW One World Trade Center, Suite 1800 Long Beach, California 90831-1800 [phone]

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the Ninth Circuit; and 2. All dates and deadlines pertaining to discovery, motions, pretrial, and trial of the matter as scheduled by the Court's Pretrial Scheduling Order of August 19, 2009, shall be vacated, subject to further Order of the Court. This Stipulation and Request for Order Staying Action is not interposed for purposes of delay but rather because: A. On December 11, 2009, the Court of Appeals for the Ninth Circuit, pursuant to 28 U.S.C. §1292(b), granted PMSA's petition for permission to appeal the District Court's Amended Memorandum and Order of August 28, 2009, denying PMSA's Motion for Summary Judgment. [Court of Appeals Docket No. 09-80145.]; B. This Court has determined and the appellate court's grant of the petition for permission to appeal reflects its finding that the immediate appeal will likely advance the ultimate determination of the litigation; /// ///
-2JOINT STIPULATION TO STAY DISTRICT COURT ACTION PENDING APPEAL AND TO VACATE DATES SET BY SCHEDULING ORDER; [PROPOSED] ORDER THEREON

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C. The briefing schedule established by the Court of Appeals requires the briefing to be concluded no later than May 11, 2010, fourteen days after the last day for service of the Appellees' Briefs; and D. The parties agree that the stay requested will allow the parties to focus their efforts and resources on the pending appeal, and potentially avoid expensive and time-consuming pretrial and trial proceedings in the case, thereby serving the interests of the Court and the parties in the efficient and economic resolution of the litigation.

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

IT IS SO STIPULATED AND AGREED. FLYNN, DELICH & WISE, LLP /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: January 7, 2010 /s/ Nicholas Stern (as authorized on 1-6-2010) Nicholas Stem 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, INC. Dated: January 7, 2010 /s/ Melissa C. Lin Perrella (as authorized on 1-6-2010) David R. Pettit Melissa C. Lin Perrella Attorneys for Defendants-Intervenors NATURAL RESOURCES DEFENSE COUNCIL, INC. and COALITION FOR CLEAN AIR, INC.

11 12 13 Dated: January 7, 2010 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

-3JOINT STIPULATION TO STAY DISTRICT COURT ACTION PENDING APPEAL AND TO VACATE DATES PDF created with pdfFactory trial SET BY SCHEDULING ORDER; [PROPOSED] ORDER THEREON version www.pdffactory.com

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SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT Dated: January 7, 2010 /s/ Barbara Baird (as authorized on 1-6-2010) Barbara Baird Attorneys for Defendant-Intervenor SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT ORDER Based on the foregoing Stipulation, IT IS HEREBY ORDERED that: Pursuant to this Court's authority to control proceedings pending before it as provided by

10 Rule 16(b)(4) of the Federal Rules of Civil Procedure and 28 U.S.C. §1292(b), the Court orders that
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proceedings in the district court in this action be stayed in their entirety pending conclusion of Plaintiff's interlocutory appeal to the Court of Appeals for the Ninth Circuit of this Court's denial of Plaintiff's Motion for Summary Judgment. All dates and deadlines pertaining to discovery, motions, pretrial, and trial of the matter as

16 scheduled by the Court's Pretrial Scheduling Order of August 19, 2009, are vacated, subject to further 17 Order of this Court. 18 19 20 21 22 23 24 25 26 27 28
-4JOINT STIPULATION TO STAY DISTRICT COURT ACTION PENDING APPEAL AND TO VACATE DATES PDF created with pdfFactory trial SET BY SCHEDULING ORDER; [PROPOSED] ORDER THEREON version www.pdffactory.com

Not later than June 1, 2010 the parties shall file a Joint Status report to provide the District Court with the latest information on the case, including any information re the proceedings in the Ninth Circuit. IT IS SO ORDERED. Dated: January 11, 2010 __________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE