Luciano v. United States of America, et al.,

Filing 15

ORDER signed by Judge Garland E. Burrell, Jr on 2/7/12 CONTINUING Status Conference set to 4/23/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. A joint status report shall be filed 14 days prior to the hearing; ORDERING the United States to file and serve, if necessary, any additions to the Administrative Record on or before 4/16/12 and CONTINUING Motion Hearing re: 10 , 11 , and 12 Motions to 5/14/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Meuleman, A)

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BENJAMIN B. WAGNER
United States Attorney
JASON EHRLINSPIEL
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendants UNITED STATES OF
AMERICA; UNITED STATES DEPARTMENT
OF AGRICULTURE; TOM VILSACK,
Secretary Of Agriculture; UNITED
STATES FOREST SERVICE; TOM
TIDWELL, RANDY MOORE, ALICE B.
CARLTON, and DEB BUMPUS in their
Official Capacities

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT A. LUCIANO, JR., Trustee
Of The Robert A. Luciano Jr. Revocable
Trust Dated February 27, 1995,

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CASE NO. 22:11-cv-01831-GEB -KJN
APPICATION AND [PROPOSED]
ORDER CONTINUING ALL DATES

Plaintiff,

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v.

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UNITED STATES OF AMERICA;
UNITED STATES DEPARTMENT OF
AGRICULTURE; TOM VILSACK,
Secretary Of Agriculture; UNITED
STATES FOREST SERVICE; TOM
TIDWELL, RANDY MOORE, ALICE B.
CARLTON, DEB BUMPUS,
and DOES 1 - 25,
Defendants.

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Plaintiff ROBERT A. LUCIANO, JR. and Defendant the UNITED STATES OF

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AMERICA, of the above-entitled action, hereby jointly propose a 60-day continuance of the

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scheduling conference and the hearing of Plaintiff’s Motions [Docket Entries 10 and 11] and in

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support thereof, submit the following to the Court:
1. The scheduling conference is currently set for February 13, 2012. Docket Entry
(“DE”) 6.
2. On January 25, 2012, Plaintiff filed a motion to supplement the administrative record

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which was filed by the United States on December 19, 2011. DE Nos. 10 & 8. The

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motion was the United States’ first notice of Plaintiff’s purported issues with the

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administrative record.

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3. The United States has since reviewed the motion and believes that many and possibly
all of the issues can be resolved without the Court’s intervention. Given the age of

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the matters at issue (in excess of 10), changes in personnel, and other personnel
issues, the parties require additional time to meet and confer on the issues.
4. The parties respectfully request that the status conference currently set for February

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13, 2012 be continued 60 days to allow the United States to investigate Plaintiff’s

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position, to meet and confer with Plaintiff, and to supplement the Administrative

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Record, if necessary. The parties also request that the hearing of Plaintiff’s pending

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motions be continued 60 days from the current setting of March 5, 2012, as the
parties’ meet and confer may resolve most of the issues.

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5. This application is submitted for good cause and not for the purpose of delay.

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IT IS SO STIPULATED.

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Respectfully submitted,
DATED: January 30, 2012

BENJAMIN B. WAGNER
United States Attorney

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By:

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Attorneys for Defendants

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/s/ Jason Ehrlinspiel
JASON EHRLINSPIEL
Assistant United States Attorney

DATED: January 30, 2012

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Richard H. Hart, Jr.
Law Office Of Richard H. Hart PC
/s/ Richard H. Hart, Jr.
RICHARD H. HART, JR.

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Attorney for Plaintiff

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By:

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[PROPOSED] ORDER
IT IS HEREBY ORDERED that:

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1.

That the scheduling conference currently set for February 13, 2012 is continued

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until April 23, 2012, at 9:00 a.m. A joint status report shall be filed fourteen days

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prior to the hearing.

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2.

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Administrative Record on or before April 16, 2012; and
3.

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Plaintiff’s Motions, Docket Entries 10 – 12, currently set for March 5, 2012, are
continued until May 14, 2012, at 9:00 a.m.

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The United States shall file and serve, if necessary, any additions to the

Date: 2/7/2012

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_________________________
GARLAND E. BURRELL, JR.
United States District Judge

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DEAC_Signature-END:

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