California Sportfishing Protection Alliance v. Chico Scrap Metal, Inc. et al

Filing 214

STIPULATION AND ORDER signed by Judge Garland E. Burrell, Jr. on 5/8/2015 CONTINUING the Motion Hearing on 165 , 174 Motions for Summary Judgment, 187 , 204 Motions to Strike to 7/13/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.; CONTINUING the Jury Trial to 2/9/2016 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr. (Michel, G.)

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THERESE Y. CANNATA (SBN 88032)
KIMBERLY A. ALMAZAN (SBN 288605)
CANNATA, CHING & O’TOOLE LLP
100 Pine Street, Suite 350
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendants
CHICO SCRAP METAL, INC.,
GEORGE W. SCOTT, SR. TRUSTEE
OF THE GEORGE W. SCOTT, SR. REVOCABLE
INTER VIVOS TRUST and GEORGE SCOTT, SR.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

CANNATA, CHING & O’TOOLE LLP
100 Pine Street, Suite 350
San Francisco, CA 94111

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CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE, a non-profit
corporation,
Plaintiffs,

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v.

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CHICO SCRAP METAL, INC. a
California corporation; GEORGE W.
SCOTT, SR. individually and as trustee of
GEORGE W. SCOTT, SR. REVOCABLE
INTER VIVOS TRUST DATED
SEPTEMBER 25, 1995,

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Case No. 2:10-CV-01207-GEB-AC
STIPULATION AND [PROPOSED] ORDER
GRANTING MOTION TO CONTINUE
SUMMARY JUDGMENT HEARING DATE
TO JULY 13, 2015 AND TO CONTINUE
TRIAL DATE TO FEBRUARY 2016
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Defendants.

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Hearing Date:
Hearing Time:
Location:

9:00 a.m.
Courtroom 10

Honorable Garland E. Burrell, Jr.

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STIPULATION

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A.

WHEREAS, the hearing on defendants’ Chico Scrap Metal, Inc., George W. Scott,

Sr., individually and as trustee of the George W. Scott, Sr. Revocable Inter Vivos Trust

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(“defendants”) and plaintiff California Sportfishing Protection Alliance’s (“plaintiff”) cross-

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motions for summary judgment was scheduled to take place on Monday, April 27, 2015.

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B.

WHEREAS, on Tuesday, April 21, 2015, this Court issued a minute order in

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STIPULATION AND PROPOSED ORDER TO CONTINUE
SUMMARY JUDGMENT HEARING AND TRIAL DATE

CASE NO. 2:10-CV-01207-GEB-AC

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which it rescheduled the hearing on the cross-motions for summary judgment to June 1, 2015 at

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9:00 a.m. and rescheduled the trial in this matter to January 26, 2016.

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WHEREAS, defendants’ counsel has asserted scheduling conflicts on these dates,

C.

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as set forth in the declarations of Therese Cannata and Kimberly Almazan, attached hereto as
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Exhibits A and B, respectively.

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CANNATA, CHING & O’TOOLE LLP
100 Pine Street, Suite 350
San Francisco, CA 94111

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D.

WHEREAS, plaintiff would strongly prefer to keep the June 1, 2015 hearing date

for the cross motions for summary judgment, due to plaintiff’s contentions, which defendants
dispute, of the ongoing nature of the violations at issue and the lateness of the next date on which
all counsel are available (July 13, 2015), but has agreed to accommodate defense counsel’s

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schedule, and met and conferred regarding alternative dates available on the Court's calendar for
the hearing of the cross-motions for summary judgment.

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E.

WHEREAS, the parties are agreed in their request to continue the trial to a date

convenient to the Court in February 2016.

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NOW THEREFORE, it is hereby stipulated and agreed, by and among the parties hereto

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through the undersigned attorneys of record, subject to the approval of the Court, that:

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a.

The hearing on plaintiff’s Motion for Summary Judgment (Docket No. 165),

defendants’ Motion for Summary Judgment (Docket No. 174), plaintiff’s Motion to Strike

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(Docket No. 204) and defendants’ Motion to Strike (Docket No. 187) can be continued to July 13,
2015 at 9:00 a.m.; and
b. The trial in this matter be continued to a date convenient for the Court in February

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2016.

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STIPULATION AND PROPOSED ORDER TO CONTINUE
SUMMARY JUDGMENT HEARING AND TRIAL DATE

CASE NO. 2:10-CV-01207-GEB-AC

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IT IS SO STIPULATED.

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Dated: May 8, 2015

LAW OFFICES OF ANDREW L. PACKARD

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By:

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/s/ Andrew L. Packard
Andrew L. Packard
Attorneys for Plaintiff
California Sportfishing Protection Alliance

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Dated: May 8, 2015

CANNATA CHING & O’TOOLE LLP

CANNATA, CHING & O’TOOLE LLP
100 Pine Street, Suite 350
San Francisco, CA 94111

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By:

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/s/Therese Y. Cannata
Therese Y. Cannata
Attorneys for Defendants
Chico Scrap Metal, Inc and George W. Scott Sr.,
individually as trustee of the George W. Scott,
Sr. Revocable Inter Vivos Trust

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ORDER

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PURSUANT TO STIPULATION, IT IS HEREBY ORDERED THAT:

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(1)

The hearing on plaintiff’s Motion for Summary Judgment (Docket No. 165),

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defendants’ Motion for Summary Judgment (Docket No. 174), plaintiff’s

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Motion to Strike (Docket No. 204) and defendants’ Motion to Strike (Docket

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No. 187) is continued to July 13, 2015 at 9:00 a.m.;

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(2)

The trial of this matter is continued to February 9, 2016 at 9:00 a.m.

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Dated: May 8, 2015

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STIPULATION AND PROPOSED ORDER TO CONTINUE
SUMMARY JUDGMENT HEARING AND TRIAL DATE

CASE NO. 2:10-CV-01207-GEB-AC