Hardesty et al v. Sacramento Metropolitan Air Quality Management District et al

Filing 533

STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 6/12/2017 ORDERING Any and all initial filings related to plaintiffs' recovery of attorneys' fees and costs, including taxable and non-taxable costs, and whether due unde r 28:1920, 1988, FRCP Rule 54(d), and LR 292 and 293 or otherwise (herein "Cost Claims"), shall be filed together, on the same date, as set forth below. This Stipulation shall be without prejudice to plaintiffs rights to file amended or sup plemental filings related to the Cost Claims at a later date to the extent such filings may be permitted by the applicable rules and law or by leave of Court. The parties stipulate that all filings related to the Cost Claims shall be filed by plainti ffs within 28 days after the date of entry of the Court's ruling on defendants' forthcoming post-trial motions, and that defendants shall have 14 days to oppose the Cost Claims. In the event that defendants timely file multiple post-trial m otions and the Court disposes of the motions on different dates, that 28-day period will begin to run from the date of the Court's ruling on defendants' last pending timely filed post-trial motion. Plaintiffs' written opposition papers responsive to defendants' post-trial motions shall be filed not later than 56 days from the date said motions are filed. Defendants shall have 21 days to file written reply papers. Plaintiffs shall suspend and forebear any efforts to execute on the judgment from the date of this Stipulation up to and including 14 days after the last day for defendants to bring a timely appeal of the judgment. (Reader, L)

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G. DAVID ROBERTSON, ESQ.
California State Bar No. 11984
Robertson, Johnson, Miller & Williamson
50 West Liberty Street, Suite 600
Reno, Nevada 89501
Telephone No: [phone]
Facsimile No: [phone]

GLENN W. PETERSON, ESQ.
California State Bar No. 126173
Millstone Peterson & Watts, LLP
2267 Lava Ridge Court, Suite 210
Roseville, CA 95661
Telephone No: [phone]
Facsimile No: [phone]

R. PAUL YETTER, ESQ. (pro hac vice)
COLLIN J. COX, ESQ. (pro hac vice)
ROBERT K. ELLIS, ESQ. (pro hac vice)
Yetter Coleman LLP
909 Fannin, Suite 3600
Houston, Texas 77010
Telephone No: [phone]
Facsimile No: [phone]

RICHARD M. ROSS, ESQ.
California State Bar No. 59943
8081 North Forbes Road
Lincoln, California 95648
Telephone No: [phone]
Attorneys JAY L. SCHNEIDER,
SUSAN J. SCHNEIDER, JAKE J.
SCHNEIDER, LELAND A. SCHNEIDER,
KATHERINE A. SCHNEIDER, LELAND
H. SCHNEIDER, AND JARED T.
SCHNEIDER

Attorneys for JOSEPH HARDESTY
and YVETTE HARDESTY

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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JOSEPH HARDESTY, et al,

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Plaintiffs,

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vs.

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SACRAMENTO METROPOLITAN AIR
QUALITY MANAGEMENT DISTRICT,
et al.,
Defendants.

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Case No. 2:10-cv-2414 KJM KJN

Courtroom: 3
Judge: The Honorable Kimberly J. Mueller
Trial Date: February 16, 2017
Action Filed: September 8, 2010

STIPULATION AND ORDER REGARDING POST-TRIAL FILING DATES
RELATED TO FEES AND COSTS, POST-TRIAL MOTIONS AND FOR
TEMPORARY STAY OF EXECUTION

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In order to coordinate and streamline post-trial filing dates related to fees and costs, and in

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order to relieve all parties and the court from the associated workloads during the pendency of

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defendants' post-trial motions, and to further alleviate the uncertainty associated with the prospect of

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judgment enforcement in this matter, the parties, through their respective undersigned counsel,

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stipulate as follows:

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Stipulation and Order Regarding Post-Trial Filing Dates And Related Matters
Page 1

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1.

Any and all initial filings related to plaintiffs' recovery of attorneys' fees and costs,

including taxable and non-taxable costs, and whether due under 28 USC sections 1920, 1988, FRCP
Rule 54(d), and Local Rules 292 and 293 or otherwise (herein "Cost Claims"), shall be filed
together, on the same date, as set forth below. This Stipulation shall be without prejudice to
plaintiffs’ rights to file amended or supplemental filings related to the Cost Claims at a later date to
the extent such filings may be permitted by the applicable rules and law or by leave of Court.
2.

The parties stipulate that all filings related to the Cost Claims shall be filed by

plaintiffs within 28 days after the date of entry of the Court's ruling on defendants' forthcoming posttrial motions, and that defendants shall have 14 days to oppose the Cost Claims. In the event that
defendants timely file multiple post-trial motions and the Court disposes of the motions on different
dates, that 28-day period will begin to run from the date of the Court’s ruling on defendants’ last
pending timely filed post-trial motion.
3.

Plaintiffs' written opposition papers responsive to defendants' post-trial motions shall

be filed not later than fifty-six (56) days from the date said motions are filed. Defendants shall have
twenty-one (21) days to file written reply papers.
4.

Plaintiffs shall suspend and forebear any efforts to execute on the judgment from the

date of this Stipulation up to and including 14 days after the last day for defendants to bring a timely
appeal of the judgment. Forbearance on execution during the pendency of said appeal shall be
subject to further agreements between the parties or proceedings before the Court as allowed by law.
The parties mutually reserve all rights and privileges at law pertaining thereto.
5.

This Stipulation shall be effective only upon entry of the Court's order adopting or

approving same, and the parties hereby consent to the entry of an order based upon this Stipulation.
Dated: This 9th day of June, 2017

By:
/s/ Glenn W. Peterson
Glenn W. Peterson, Esq. (SBN 126173)
MILLSTONE PETERSON & WATTS, LLP
2267 Lava Ridge Court, Suite 210
Roseville, California 95661
Richard M. Ross, Esq. (SBN 59943)
8081 North Forbes Road
Lincoln, California 95648

Stipulation and Order Regarding Post-Trial Filing Dates And Related Matters
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Attorneys for the Schneider Family Plaintiffs

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By:
/s/ R. Paul Yetter
R. Paul Yetter, Esq. (pro hac vice)
Collin J. Cox, Esq. (pro hac vice)
Robert K. Ellis, Esq. (pro hac vice)
YETTER COLEMAN LLP
909 Fannin, Suite 3600
Houston, Texas 77010s

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G. David Robertson, Esq. (SBN 111984)
ROBERTSON, JOHNSON, MILLER & WILLIAMSON
50 W. Liberty Street, Suite 600
Reno, Nevada 89501

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Attorneys for the Hardesty Plaintiffs

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By:
/s/ Mark P. O’Dea
Gregory P. O’Dea, Esq.
Mark P. O’Dea, Esq.
LONGYEAR, O’DEA & LAVRA, LLP
3620 American River Drive, Suite 230
Sacramento, CA 95864

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Attorneys for Defendants

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I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/)
within this e-filed document.
MILLSTONE PETERSON & WATTS, LLP, Attorneys at Law /s/ Glenn W. Peterson

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ORDER

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IT IS SO ORDERED.

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Dated: June 12, 2017

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UNITED STATES DISTRICT JUDGE

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Stipulation and Order Regarding Post-Trial Filing Dates And Related Matters
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