Earth Island Institute v. Carlton et al

Filing 12

STIPULATION and ORDER 10 for setting Briefing Schedule of Motion for Preliminary Injunction signed by Judge Frank C. Damrell, Jr. on 7/24/2009. Plaintiff shall file its Motion papers on Friday, 7/24/2009 and it shall not exceed 25 pages. Defendants shall file their Opposition papers on or before 7/31/2009 and it shall not exceed 25 pages. Plaintiff's Reply shall be filed on or before 8/5/2009 at 2:00 PM and it shall not exceed 12 pages. The Motion shall be heard on 8/7/2009 at 10:00 AM in Courtroom 2. (Marciel, M)

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Rachel M. Fazio (CA Bar # 187580) P.O. Box 697 Cedar Ridge, CA 95924 Tel: [phone] Fax: [phone] [e-mail] René P. Voss (CA Bar # 255758) 1006 Bienville Street Davis, CA 95616 Tel: [phone] Fax: [phone] [e-mail] Attorneys for Plaintiff Earth Island Institute

Honorable Frank C. Damrell, Jr.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ) ) ) ) Plaintiff, ) ) vs. ) ALICE B. CARLTON, in her official capacity ) ) as Forest Supervisor for Plumas National ) Forest, RANDY MOORE, in his official capacity as Regional Forester for Region 5 of ) ) the United States Forest Service, and the ) UNITED STATES FOREST SERVICE, ) ) Defendants ) ) ) EARTH ISLAND INSTITUTE, a non-profit organization,

Case No. 2:09-2020 FCD EFB STIPULATION AND ORDER SETTING SCHEDULE FOR BRIEFING OF PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION

Earth Island v. Carlton, Case # 09-2020 Stipulation and Order Re Preliminary Injunction Briefing Schedule
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In anticipation of plaintiff's motion for preliminary injunction, and consistent with the Court's schedule, plaintiff Earth Island Institute and defendants Alice B. Carlton, Randy Moore, and the U.S. Forest Service (the "Parties") hereby stipulate as follows, subject to approval by the Court: 1. Plaintiff shall file its motion papers on Friday, July 24, 2009. Plaintiff's opening

memorandum of law shall not exceed 25 pages. 2. Defendants shall file their opposition papers on or before Friday, July 31, 2009.

Defendants opening memorandum of law shall not exceed 25 pages. 3. Plaintiff shall file its reply on or before, Wednesday, August 5, 2009 at 2:00 p.m.

Plaintiff's reply memorandum shall not exceed 12 pages. 4. 10:00 a.m. The Parties further agree that: 5. No ground-disturbing activities shall begin on any portion of the MoonlightSubject to Court approval, Plaintiff's motion shall be heard on August 7, 2009, at

Wheeler Project before August 12, 2009 at noon. 6. The purpose of this stipulation is to provide for the orderly presentation of the

issues in this case. The Parties stipulate that nothing in this Stipulation may be construed as a basis for an award of attorneys fees in this case. SO STIPULATED, this 23rd day of July 2009 FOR THE PLAINTIFFS /s/ Rachel M. Fazio RACHEL M. FAZIO /s/ René Voss (as authorized on 7/23/09) RENÉ P. VOSS FOR THE DEFENDANTS: /s/ Julie Thrower (as authorized on 7/23/09) JULIE THROWER Earth Island v. Carlton, Case # 09-2020 Stipulation and Order Re Preliminary Injunction Briefing Schedule
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. DATED: July 24, 2009 #2.

Trial Attorney Environment and Natural Resources Division United States Department of Justice Benjamin Franklin Station, P.O. Box 663 Washington, D.C. 20044-0663 [phone]

ORDER Having considered the parties' stipulation agreement, this Court ORDERS that 1. Plaintiff shall file its motion papers on Friday, July 24, 2009. Plaintiff's opening

memorandum of law shall not exceed 25 pages. 2. Defendants shall file their opposition papers on or before Friday, July 31, 2009.

Defendants opening memorandum of law shall not exceed 25 pages. 3. Plaintiff shall file its reply on or before Wednesday, August 5, 2009 at 2:00pm.

Plaintiff's reply memorandum shall not exceed 12 pages. 4. Plaintiff's motion shall be heard on August 7, 2009, at 10:00 a.m. in Courtroom

_____________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

Earth Island v. Carlton, Case # 09-2020 Stipulation and Order Re Preliminary Injunction Briefing Schedule
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