United States of America v. 34,196 Rentable Square Feet, More or Less, at 3870 Rosin Court, Sacramento, California et al

Filing 91

ORDER signed by Judge Kimberly J. Mueller on 9/25/13 ORDERING the court orders the parties to provide simultaneous supplemental briefs on the following questions: What is the effect of PBS Commissioner Dorothy Robyn's ratification (dated 6/12 /13) of the Declaration of Taking (dated 12/29/11) on this case? What is the effect of defendants' failure to object to the ratification? Has the time to object to the ratification passed? If the time has passed for defendants to object to the ratification, does the ratification relate back in time to the date of the original Declaration of Taking? Parties are to file their simultaneous briefs by 10/7/13. Parties may file any oppositions by 10/15/13, after which the matter will be submitted. Parties shall limit their briefs to ten pages each. (Becknal, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,

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No. 2:11-cv-03467-KJM-AC

v.

ORDER

34,196 RENTABLE SQUARE FEET,
MORE OR LESS, AT 3870 ROSIN
COURT; SACRAMENTO,
CALIFORNIA, et al.,
Defendants.

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This matter is before the court on the United States’ (“plaintiff”) motion to modify

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the scheduling order. (ECF 80.) Plaintiff seeks to modify the scheduling order issued on June 20,

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2012 to file an amended Declaration of Taking. (ECF 80 at 2.) Plaintiff reasons that if the court

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finds the Public Buildings Service (PBS) Commissioner’s ratification sufficient, “then

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modification of the scheduling order and filing of the Amended Declaration will not be

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necessary.” (Id.)
Defendants reason that by allowing plaintiff to file an amended Declaration, the

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court will validate a condemnation action brought based on an invalid Declaration of Taking.

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(ECF 81.) After considering the parties’ arguments, the court orders the parties to provide

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simultaneous supplemental briefs on the following questions:
1. What is the effect of PBS Commissioner Dorothy Robyn’s ratification (dated

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June 12, 2013) of the Declaration of Taking (dated December 29, 2011) on this

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case?

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2. What is the effect of defendants’ failure to object to the ratification?

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3. Has the time to object to the ratification passed?

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4. If the time has passed for defendants to object to the ratification, does the

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ratification relate back in time to the date of the original Declaration of

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Taking?

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Parties are to file their simultaneous briefs by October 7, 2013. Parties may file

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any oppositions by October 15, 2013, after which the matter will be submitted. Parties shall limit

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their briefs to ten pages each.

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IT IS SO ORDERED.
DATED: September 25, 2013.

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UNITED STATES DISTRICT JUDGE

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