California Sportfishing Protection Alliance v. Paradise Ready Mix, Inc. et al

Filing 33

STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 6/20/11 ORDERING that Defendant Callaway shall be permitted to withdraw Defendants' currently pending Motion For A Protective Order on 5/25/11, or as soon thereafter as may b e convenient for Defendant Callaway. It is further ORDERED that Plaintiff California Sportfishing Protection Alliance shall be relieved of the obligation to file an Opposition brief in response to Defendants' currently pending Motion For A Prote ctive Order. Additionally, it is ORDERED that upon the Court's dismissal of Plaintiff's claims against defendants Harrison and Paradise Ready Mix, Inc. pursuant to stipulation of the Parties, that Defendant Callaway shall have leave to file an amended motion for protective order. Finally, it is ORDERED that Defendant Callaway's amended motion for protective order shall be set for hearing on a date at least twenty- eight (28) days subsequent to the Parties' settlement conference on 7/13/11. (Mena-Sanchez, L)

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ANDREW L. PACKARD (State Bar No. 168690)
ERIK M. ROPER (State Bar No. 259756)
HALLIE B. ALBERT (State Bar No. 258737)
Law Offices of Andrew L. Packard
100 Petaluma Boulevard N., Suite 301
Petaluma, CA 94952
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
[e-mail]
[e-mail]
ROBERT J. TUERK (State Bar No. 255741)
Jackson & Tuerck
P.O. Box 148
429 W. Main Street, Suite C
Quincy, CA 95971
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
CALIFORNIA SPORTFISHING PROTECTION ALLIANCE

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE, a non-profit
corporation,

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Plaintiff,
vs.
PARADISE READY MIX, INC. a
California corporation, WILLIAM
CALLAWAY, an individual, and BRIAN
HARRISON, an individual,

Defendants.

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CASE NO. 2:10-CV-01801-GEB-GGH
STIPULATION THAT DEFENDANTS
WITHDRAW THEIR MOTION FOR
PROTECTIVE ORDER (AS DEEMED
SUBMITTED BY THE COURT ON APRIL
28, 2011), THAT PLAINTIFF BE EXCUSED
FROM RESPONDING THERETO, AND
THAT DEFENDANT CALLAWAY MAY
RE-FILE AN AMENDED MOTION FOR
PROTECTIVE ORDER; [PROPOSED]
ORDER THEREON
Magistrate Judge: Hon. Gregory G. Hollows

WHEREAS, Defendants William Callaway (“Callaway”) and Brian Harrison (“Harrison”)

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(collectively, “Defendants”) filed a Motion For A Protective Order (“Motion”) and this Court

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deemed the Motion filed as of April 28, 2011;

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WHEREAS, in its Order dated May 2, 2011 (“Order”), the Court stated:
“First, defendants' motion for protective order was not timely noticed. It was
-1STIPULATION RE DEFENDANTS’ MOTION FOR PROTECTIVE ORDER; [PROPOSED] ORDER THEREON
2:10-CV-01801-GEB-GGH

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not considered on its merits because of the time of filing; however, it is
deemed as having been properly filed on this date for future consideration.
Plaintiff will be given the opportunity to respond, and then it will be taken
under submission after the court determines whether a hearing is necessary.”

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(Doc. No. 23, at 3:2-6);
WHEREAS, the Court’s Order states, in relevant part, that:

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“1. Within twenty-one (21) days of this order, plaintiff shall file an
opposition to defendants' motion for protective order. Defendants may file a
reply seven days thereafter. The court will then determine whether a hearing
is necessary or take the matter under submission.”

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(Id. at 4:7-8);

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WHEREAS, Plaintiff California Sportfishing Protection Alliance (“Plaintiff”) and

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Defendants (collectively, the “Parties”) have pending before this Court a stipulation and proposed

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order to dismiss Plaintiff’s claims with prejudice with respect to defendant Brian Harrison

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(“Harrison”) and the non-existent corporate entity, defendant Paradise Ready Mix, Inc. (“PRM”);

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WHEREAS, the Parties anticipate that the Court will soon issue an order dismissing
Plaintiff’s claims against defendants Harrison and PRM with prejudice;
WHEREAS, in anticipation of the Court’s dismissal of Plaintiff’s claims against defendants

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Harrison and PRM, Defendant Callaway hereby agrees to withdraw Defendants’ pending Motion

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thereby relieving Plaintiff of the obligation to file an Opposition brief thereto;

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WHEREAS, upon the Court’s dismissal of Plaintiff’s claims against defendants Harrison

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and PRM, the Parties agree that Defendant Callaway shall have leave to file an amended motion for

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protective order;

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WHEREAS, the Parties further agree that in light of the Parties’ upcoming settlement
conference scheduled to occur on July 13, 2011, it is in the interest of conservation of their
respective economic resources and judicial economy that Defendant Callaway set the hearing date
for the contemplated amended motion for protective order for a date at least twenty-eight (28) days
subsequent to July 13, 2011.

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-2STIPULATION RE DEFENDANTS’ MOTION FOR PROTECTIVE ORDER; [PROPOSED] ORDER THEREON
2:10-CV-01801-GEB-GGH

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THEREFORE, IT IS HEREBY STIPULATED by and among Plaintiff and Defendants in
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the interest of conservation of the Parties’ respective economic resources and judicial economy:

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A.

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May 25, 2011, or as soon thereafter as may be convenient for Defendant Callaway;

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B.

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That Plaintiff shall be relieved of the obligation to file an Opposition brief in

response to Defendants’ currently pending Motion;

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That Defendant Callaway shall be permitted to withdraw Defendants’ Motion on

C.

That upon the Court’s dismissal of Plaintiff’s claims against defendants Harrison and

PRM, that Defendant Callaway shall have leave to file an amended motion for protective order;
and,

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D.

That Defendant Callaway’s amended motion for protective order shall be set for

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hearing on a date at least twenty-eight (28) days subsequent to July 13, 2011.
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Respectfully submitted,

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Dated: May 25, 2011

LAW OFFICES OF ANDREW L. PACKARD

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By: /s/ Erik Roper______________________________
Erik M. Roper
Attorneys for Plaintiff
California Sportfishing Protection Alliance

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Dated: May 25, 2011

William Callaway

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By: /s/ William Callaway_________________________
William Callaway, Defendant in Propria Persona
(Electronically signed pursuant to Local Rule 131(f);
original signature retained by attorney Erik Roper)

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-3STIPULATION RE DEFENDANTS’ MOTION FOR PROTECTIVE ORDER; [PROPOSED] ORDER THEREON
2:10-CV-01801-GEB-GGH

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ORDER
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Pursuant to Stipulation, and good cause appearing, it is ORDERED that Defendant
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Callaway shall be permitted to withdraw Defendants’ currently pending Motion For A Protective

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Order on May 25, 2011, or as soon thereafter as may be convenient for Defendant Callaway. It is
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further ORDERED that Plaintiff California Sportfishing Protection Alliance shall be relieved of the
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obligation to file an Opposition brief in response to Defendants’ currently pending Motion For A
Protective Order. Additionally, it is ORDERED that upon the Court’s dismissal of Plaintiff’s

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claims against defendants Harrison and Paradise Ready Mix, Inc. pursuant to stipulation of the
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Parties, that Defendant Callaway shall have leave to file an amended motion for protective order.
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Finally, it is ORDERED that Defendant Callaway’s amended motion for protective order shall be
set for hearing on a date at least twenty-eight (28) days subsequent to the Parties’ settlement

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conference on July 13, 2011.
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IT IS SO ORDERED.

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UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA

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Dated: June 20, 2011

/s/ Gregory G. Hollows
___________________________________________________
UNITED STATES DISTRICT COURT MAGISTRATE JUDGE

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-4STIPULATION RE DEFENDANTS’ MOTION FOR PROTECTIVE ORDER; [PROPOSED] ORDER THEREON
2:10-CV-01801-GEB-GGH