Freedom from Religion Foundation et al v. Geithner et al

Filing 83

ORDER signed by Judge William B. Shubb on 4/21/11 ORDERING that Discovery is due by 4/22/2011; Pretrial Motions filed by 6/3/2011; Motions challenging pltfs' standing in light of Winn filed by 5/27/2011; Oppositions filed by 6/17/11 and replies filed by 7/1/11; the Court grants the parties' request to continue the stay of all other proceedings until the forthcoming motions are resolved. (Manzer, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo----

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FREEDOM FROM RELIGION
FOUNDATION, INC.; PAUL STOREY;
BILLY FERGUSON; KAREN
BUCHANAN; JOSEPH MORROW;
ANTHONY G. ARLEN; ELISABETH
STEADMAN; CHARLES AND COLLETTE
CRANNELL; MIKE OSBORNE; KRISTI
CRAVEN; WILLIAM M. SHOCKLEY;
PAUL ELLCESSOR; JOSEPH
RITTELL; WENDY CORBY; PAT
KELLEY; CAREY GOLDSTIEN;
DEBORA SMITH; KATHY FIELDS;
RICHARD MOORE; SUSAN ROBINSON;
AND KEN NAHAGIAN,

NO. CIV. 2:09-2894 WBS DAD
ORDER

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Plaintiffs,
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v.
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TIMOTHY GEITHNER, in his
official capacity as Secretary
of the United States
Department of the Treasury;
DOUGLAS SHULMAN, in his
official capacity as
Commissioner of the Internal
Revenue Service; and SELVI
STANISLAUS, in her official
capacity as Executive Officer
of the California Franchise
Tax Board,

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Defendants.

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On February 11, 2011, this court granted the parties’

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joint motion to stay the case pending the Supreme Court’s

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decision in Arizona Christian School Tuition Organization v.

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Winn, --- U.S. ----, 130 S. Ct. 3350 (2010) (granting

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certiorari).

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opinion in that case on April 4, 2011.

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1436 (2011).

(Docket No. 81.)

The Supreme Court issued its
--- U.S. ----, 131 S. Ct.

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Pursuant to the court’s Status (Pretrial Scheduling)

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Order of June 22, 2010 (Docket No. 71), all discovery is to be

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completed by April 22, 2011, and all pretrial motions are to be

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filed by June 3, 2011; the matter is currently set for a final

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pretrial conference on August 22, 2011, and a bench trial on

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October 25, 2011.

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The parties have requested leave for defendants to file

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motions challenging plaintiffs’ standing in light of Winn with

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the following deadlines: motions filed by May 27, 2011,

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oppositions filed by June 17, 2011, and replies filed by July 1,

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2011.

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parties request that the court continue the stay of all other

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proceedings until those motions are resolved.

(Joint Status Report at 2:21-23 (Docket No. 82).)

The

The court hereby grants the parties’ request for the

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above-described briefing schedule and continues the stay of all

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other proceedings in this case until the forthcoming motions are

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resolved.

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at 2:00 p.m. in Courtroom No. 5.

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The motions will be set for hearing on July 18, 2011,

IT IS SO ORDERED.
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DATED:

April 21, 2011

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