California Dump Truck Owners Association v. Air Resources Board

Filing 53

STIPULATION and ORDER signed by Judge Morrison C. England, Jr. on 01/18/12 ORDERING that the hearing date for plaintiff's 34 Motion for Summary Judgment and defendants' and defendant-intervenor's respective 45 Cross-Motions for Sum mary Judgment are CONTINUED to 02/09/12 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England, Jr. Based on this hearing date and this Court's Pretrial Scheduling Order, NRDC and defendants' replies to plaintiff's opposition would be due by 02/02/12. (Benson, A.)

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DAVID PETTIT (SBN 67128)
[e-mail]
MELISSA LIN PERRELLA (SBN 205019)
[e-mail]
MORGAN WYENN (SBN 270593)
[e-mail]
NATURAL RESOURCES DEFENSE COUNCIL
1314 Second Street
Santa Monica, California 90401
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Defendant-Intervenor
Natural Resources Defense Council, Inc.

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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CALIFORNIA DUMP TRUCK OWNERS
ASSOCIATION,

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Plaintiff,
v.

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MARY D. NICHOLS, Chairperson of the
California Air Resources Board; and JAMES
GOLDSTENE, Executive Officer of the
California Air Resources Board,

Case No. 2:11-CV-00384-MCE-GGH
JOINT REQUEST TO STRIKE
PLAINTIFF’S OPPOSITION TO
DEFENDANTS AND DEFENDANTINTERVENOR’S CROSS-MOTIONS FOR
SUMMARY JUDGMENT, OR IN THE
ALTERNATIVE, REQUEST TO MOVE
HEARING DATE FOR MOTIONS FOR
SUMMARY JUDGMENT AND ORDER

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Defendants,

NATURAL RESOURCES DEFENSE
COUNCIL, INC.,

Date:
Time:
Judge:
Courtroom

January 26, 2012
2:00 p.m.
Hon. Morrison C. England, Jr.
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Defendant-Intervenor.

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REQUEST TO STRIKE, OR IN THE ALTERNATIVE, MOVE HEARING DATE
Case No. 2:11-CV-00384-MCE-GGH

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Defendant-Intervenor the Natural Resources Defense Council (“NRDC”) and Defendants

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Nichols and Goldstene (“Defendants”) jointly request that the Court strike, as untimely, Plaintiff

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California Dump Truck Owners Association’s (“Plaintiff”) opposition papers filed on January 12,

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2012 in response to NRDC and Defendants’ cross-motions for summary judgment.

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In the alternative, NRDC and Defendants request that the Court move the hearing date for

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Plaintiff’s motion for summary judgment and NRDC and Defendants’ cross-motions for summary

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judgment by one week or to the next available hearing date thereafter (February 9, 2012) to give

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NRDC and Defendants adequate time to reply to Plaintiff’s opposition. The facts supporting this

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request are as follows:

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1.

WHEREAS, on November 17, 2011, Plaintiff filed a motion for summary judgment

with a hearing noticed for January 26, 2012;
2.

WHEREAS, on December 22, 2011 Defendants and NRDC separately filed cross-

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motions for summary judgment in accordance with the deadline prescribed in this Court’s Pretrial

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Scheduling Order (Dkt. # 27);

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3.

WHEREAS, pursuant to that Scheduling Order, Plaintiff’s opposition to Defendants

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and NRDC’s cross-motions were due by January 5, 2012, and Defendants’ and NRDC’s replies are

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due January 19, 2012;

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4.

WHEREAS, Plaintiff did not file any opposition papers by the deadline set forth in

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this Court’s Scheduling Order, but instead, filed an opposition brief and accompanying papers one

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week later, on January 12, 2012;

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5.

WHEREAS, Plaintiff never attempted to contact Defendants or NRDC to seek an

extension of time to file its opposition;
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WHEREAS, Plaintiff’s untimely filing cuts short Defendants’ and NRDC’s time to

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draft and file replies to Plaintiff’s opposition by one full week, and Defendants and NRDC

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anticipate needing the full two weeks afforded to them under the Scheduling Order to adequately

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respond to Plaintiff’s opposition; and

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7.

WHEREAS, Defendants and NRDC contemplated requesting that the Court extend

the time for Defendants and NRDC to file their respective replies by one week, but any such
REQUEST TO STRIKE, OR IN THE ALTERNATIVE, MOVE HEARING DATE
Case No. 2:11-CV-00384-MCE-GGH
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extension would make the replies due on the hearing date set for the parties’ respective motions for

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summary judgment, making such a request unworkable;

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Therefore, NRDC and Defendants request that the Court strike Plaintiff’s opposition brief

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and accompanying papers filed on January 12, 2012 (Documents #’s 46, 47, 48, 49 and 50) in

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response to NRDC and Defendants’ cross-motions for summary judgment.

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In the alternative, NRDC and Defendants request that the Court move the hearing date

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currently set for Plaintiff’s motion for summary judgment and NRDC and Defendants’ cross-

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motions from January 26, 2012 to February 9, 2012, which is the first available date for a hearing

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according to the calendaring information located on this Court’s website. Based on a February 9,

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2012 hearing date and this Court’s Scheduling Order, NRDC and Defendants’ replies would be

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due by February 2, 2012.

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Dated: January 13, 2012

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David Pettit
Melissa Lin Perrella
Morgan Wyenn
Natural Resources Defense Council, Inc.
By: /s/ Melissa Lin Perrella
Attorneys for Defendant-Intervenor Natural
Resources Defense Council, Inc.

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KAMALA D. HARRIS
Attorney General of California
SARA J. RUSSELL
Supervising Deputy Attorney General

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By: /s/ Nicholas Stern
Deputy Attorney General
Attorneys for Defendants

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//

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//

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REQUEST TO STRIKE, OR IN THE ALTERNATIVE, MOVE HEARING DATE
Case No. 2:11-CV-00384-MCE-GGH
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ORDER

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Based on the facts presented in Defendants and Defendant-Intervenor’s Request To

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Strike, Or In The Alternative, Move The Hearing Date For Motions For Summary Judgment:

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IT IS HEREBY ORDERED that the hearing date for Plaintiff’s motion for summary

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judgment and Defendants’ and Defendant-Intervenor’s respective cross-motions for summary

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judgment will be moved to February 9, 2012 at 2:00 p.m. in courtroom 7 at the above captioned

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court. Based on this hearing date and this Court’s Pretrial Scheduling Order, NRDC and

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Defendants’ replies to Plaintiff’s opposition would be due by February 2, 2012.

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Dated: January 18, 2012

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__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

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REQUEST TO STRIKE, OR IN THE ALTERNATIVE, MOVE HEARING DATE
Case No. 2:11-CV-00384-MCE-GGH
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