California Dump Truck Owners Association v. Air Resources Board

Filing 30

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 9/20/11 re 29 ORDERING that Plaintiffs' 22 Motion for Summary Judgment filed July 5, 2011, is DENIED without prejudice to re-filing in conformity with the parties' agreement that any hearing on such Motion should occur on January 26, 2012 at 2:00 p.m. in Courtroom 7. Plaintiff is ordered to refile its Motion with the new hearing date not earlier than Thursday, November 17, 2011. (Duong, D)

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1 2 3 4 5 6 7 BROOKS ELLISON State Bar No. 122705 PATRICK J. WHALEN State Bar No. 173489 THE LAW OFFICES OF BROOKS ELLISON 1725 Capitol Ave. Sacramento, CA 95811 Telephone: (916) 448-2187 Facsimile: (916) 448-5346 E-mail: attorneys@ellisonlawoffices.com Attorneys for Plaintiff California Dump Truck Owners Association 8 9 UNITED STATED DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 13 Case No. 2:11-CV-00384-MCE-GGH CALIFORNIA DUMP TRUCK OWNERS ASSOCIATION ORDER Plaintiff, 14 vs. 15 16 17 18 MARY D. NICHOLS, Chairperson of the California Air Resources Board; JAMES GOLDSTENE, Executive Officer of the California Air Resources Board; and DOES 150 19 Defendants, 20 21 NATURAL RESOURCES DEFENSE COUNCIL, INC., 22 Defendant-Intervenor 23 24 25 /// 26 /// 27 /// 28 /// -1- Proposed Order 1 Based on the stipulation of the parties, IT IS HEREBY ORDERED that Plaintiffs’ 2 Motion for Summary Judgment (ECF No. 22), filed July 5, 2011, is DENIED without prejudice 3 to re-filing in conformity with the parties’ agreement that any hearing on such Motion should 4 occur on January 26, 2012 at 2:00 p.m. in Courtroom 7. Plaintiff is ordered to refile its Motion 5 with the new hearing date not earlier than Thursday, November 17, 2011. 6 7 IT IS SO ORDERED. Dated: September 20, 2011 8 __________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- Proposed Order

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