Sierra Club et al v. Tahoe Regional Planning Agency et al

Filing 38

STIPULATION and ORDER resetting briefing schedule for Cross-Motions for Summary Judgment 36 signed by Judge William B. Shubb on 7/12/2012: TRPA's Administrative Record shall be composed of the documents separately submitted by TRPA and all doc uments in the County's administrative record excluding those documents identified in the index attached hereto as Exhibit A. 28 Plaintiffs' Motion to Exclude Extra-Record Evidence from Tahoe Regional Planning Agency's Administrative Record" is withdrawn and the 7/30/2012 hearing is vacated. Plaintiffs shall file their motion for summary judgment no later than 8/9/ 2012. Defendants shall file their cross-motions for summary judgment and oppositions to plaintiffs' mot ion for summary judgment no later than 9/7/2012. Plaintiffs shall file their reply to defendants' oppositions to the motion for summary judgment and oppositions to cross-motions for summary judgment no later than 10/5/2012. Defendants shall fi le their replies to plaintiffs' oppositions to cross-motions for summary judgment no later than 10/26/2012. The parties shall lodge the joint appendix, which shall include hard copies of excerpts of those portions of the record cited in support of the parties' cross motions for summary judgment, with the Court no later than 10/30/2012. The hearing on the cross-motions for summary judgment shall be continued from 11/14/2012 to 12/5/2012 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. Except as ordered herein the Status (Pretrial Scheduling) Order remains in place. (Kirksey Smith, K)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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SIERRA CLUB and FRIENDS OF THE WEST
SHORE,
Plaintiffs,

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v.

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TAHOE REGIONAL PLANNING AGENCY,
COUNTY OF PLACER, and BOARD OF
SUPERVISORS OF THE COURT OF PLACER,

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Defendants.

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HOMEWOOD VILLAGE RESORTS, LLC and
JMA VENTURES, LLC,

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Defendants and
Real Parties in Interest.

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Civil Case No.: 2:12-cv-00044-WBSCKD
STIPULATION AND [PROPOSED]
ORDER WITHDRAWING
PLAINTIFFS’ MOTION TO
EXCLUDE EXTRA-RECORD
EVIDENCE FROM TAHOE
REGIONAL PLANNING
AGENCY’S ADMINISTRATIVE
RECORD AND SETTING
BRIEFING SCHEDULE FOR
CROSS-MOTIONS FOR
SUMMARY JUDGMENT

Date: July 30, 2012
Time: 2:00 p.m.
Place: Courtroom 5
Judge: Hon. William B. Shubb

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STIPULATION AND [PROPOSED] ORDER WITHDRAWING PLAINTIFFS’ MOTION TO EXCLUDE EXTRA-RECORD EVIDENCE
AND SETTING BRIEFING SCHEDULE FOR CROSS-MOTIONS FOR SUMMARY JUDGMENT
NO.: 2:12-CV-00044-WBS-CKD

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Pursuant to L.R. Civ. 143 and 144, this Stipulation is entered into by and between

2 Plaintiffs Sierra Club and Friends of the West Shore; Defendant Tahoe Regional Planning Agency
3 (“TRPA”); Defendants County of Placer and Board of Supervisors of the County of Placer
4 (collectively “County”); and Defendants and Real Parties in Interest Homewood Village Resorts,
5 LLC and JMA Ventures, LLC (collectively “Homewood”):
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WHEREAS, on April 6, 2012, the County lodged its Administrative Record for the

7 Homewood Mountain Resort Ski Area Master Plan Project (“project”) County approvals
8 challenged in this action;
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WHEREAS, on April 17, 2012, the Court issued a Status (Pretrial Scheduling) Order,

10 which included a Motion Hearing Schedule setting deadlines for TRPA to lodge its administrative
11 record for the project, motions regarding the administrative record, and cross-motions for summary
12 judgment. The Court also set a November 14, 2012 hearing on cross-motions for summary
13 judgment. Doc. No. 26 [“Status (Pretrial Scheduling) Order”];
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WHEREAS, on May 15, 2012, TRPA lodged its administrative record consisting of

15 materials that it had compiled, as well as the County’s administrative record, which it incorporated
16 by reference;
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WHEREAS, Plaintiffs objected to TRPA’s incorporation by reference of the County’s

18 administrative record, and on June 5, 2012, filed a motion entitled “Motion to Exclude Extra19 Record Evidence from Tahoe Regional Planning Agency’s Administrative Record” (Doc. No. 28
20 [“Motion to Exclude”]) requesting that the Court order TRPA to specifically identify which
21 documents in the County’s record were actually a part of the record that was before TRPA when it
22 approved the project;
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WHEREAS, on June 25, 2012, Plaintiffs filed an ex parte application requesting the Court

24 to extend the deadline for Plaintiffs’ Motion for Summary Judgment until 30 days after resolution
25 of the Motion to Exclude, i.e., 30 days after Plaintiffs’ receipt of TRPA’s revised record or index
26 (Doc. No. 29 [“Application”]);
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STIPULATION AND [PROPOSED] ORDER WITHDRAWING PLAINTIFFS’ MOTION TO EXCLUDE EXTRA-RECORD EVIDENCE AND
SETTING BRIEFING SCHEDULE FOR CROSS-MOTIONS FOR SUMMARY JUDGMENT
NO.: 2:12-CV-00044-WBS-CKD

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WHEREAS, on June 27, 2012, TRPA, the County, and Homewood filed oppositions to

2 Plaintiffs’ Application; Doc. Nos. 30, 32, and 33;
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WHEREAS, on June 29, 2012, the Court issued an order granting Plaintiffs’ Application

4 and stating that the Court would determine the deadline for Plaintiffs’ motion for summary
5 judgment after it ruled on Plaintiffs’ Motion to Exclude. Doc. No. 35 [“Application Order”];
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WHEREAS, on June 29, 2012, without conceding whether its incorporation by reference of

7 the County’s administrative record was proper, TRPA provided Plaintiffs with a supplemental
8 index listing the documents in the County's Administrative Record that were not considered by
9 TRPA in approving the project and need not be incorporated into TRPA's administrative record, as
10 requested in Plaintiffs’ Motion to Exclude;
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WHEREAS, the parties met and conferred regarding the TRPA’s supplemental index and

12 the parties agree that the TRPA portion of the administrative record and the remaining documents
13 in the County's administrative record (excluding the documents from the County’s administrative
14 record identified in TRPA’s supplemental index) constitute TRPA's administrative record;
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WHEREAS, the parties agree the issues raised in Plaintiffs’ Motion to Exclude have been

16 resolved;
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WHEREAS, the July 30 hearing on the Motion to Exclude is no longer needed, except to

18 obtain a new briefing schedule, as Plaintiffs no longer have an opening brief deadline;
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WHEREAS, the parties wish to agree to a briefing schedule without resort to the July 30

20 hearing, and Defendants wish to preserve a hearing on the cross-motions for summary judgment
21 this year;
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NOW, THEREFORE, the parties hereby stipulate and agree as follows:
1. TRPA’s Administrative Record shall be composed of the documents separately submitted

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by TRPA and all documents in the County’s administrative record excluding those

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documents identified in the index attached hereto as Exhibit A.

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STIPULATION AND [PROPOSED] ORDER WITHDRAWING PLAINTIFFS’ MOTION TO EXCLUDE EXTRA-RECORD EVIDENCE AND
SETTING BRIEFING SCHEDULE FOR CROSS-MOTIONS FOR SUMMARY JUDGMENT
NO.: 2:12-CV-00044-WBS-CKD

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2. Plaintiffs’ Motion to Exclude Extra-Record Evidence from Tahoe Regional Planning

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Agency’s Administrative Record (Doc. No. 28) currently set for hearing on July 30, 2012 is

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withdrawn.

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3. Plaintiffs shall file their motion for summary judgment no later than August 9, 2012.

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4. Defendants shall file their cross-motions for summary judgment and oppositions to

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plaintiffs’ motion for summary judgment no later than September 7, 2012.
5. Plaintiffs shall file their reply to defendants’ oppositions to the motion for summary

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judgment and oppositions to cross-motions for summary judgment no later than October 5,

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2012.

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6. Defendants shall file their replies to plaintiffs’ oppositions to cross-motions for summary
judgment no later than October 26, 2012.

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7. The parties shall lodge the joint appendix, which shall include hard copies of excerpts of

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those portions of the record cited in support of the parties’ cross motions for summary

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judgment, with the Court no later than October 30, 2012.

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8. In the event the Court determines it needs additional time to prepare for hearing the cross-

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motions for summary judgment, the parties stipulate and request that the Court continue the

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November 14, 2012 hearing to any time the week of November 26, 2012 or December 3,

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2012, or the earliest court date available at the Court's discretion.

19 Dated: July 11, 2012

Respectfully submitted,

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/s/ Howard F. Wilkins III
WHITMAN F. MANLEY, State Bar No. 130972
HOWARD F. WILKINS III, State Bar No. 203083
Remy Moose Manley, LLP
455 Capitol Mall, Suite 210
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Counsel for Defendants and Real Parties in Interest
Homewood Village Resorts, LLC and JMA Ventures,
LLC

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STIPULATION AND [PROPOSED] ORDER WITHDRAWING PLAINTIFFS’ MOTION TO EXCLUDE EXTRA-RECORD EVIDENCE AND
SETTING BRIEFING SCHEDULE FOR CROSS-MOTIONS FOR SUMMARY JUDGMENT
NO.: 2:12-CV-00044-WBS-CKD

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s/ Wendy S. Park (as authorized on 7/11/12)
TRENT W. ORR, State Bar No. 77656
WENDY S. PARK, State Bar No. 237331
Earthjustice
50 California Street, Suite 500
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Counsel for Plaintiffs Sierra Club and Friends of the
West Shore
MICHAEL LOZEAU, State Bar No. 142893
Lozeau Drury LLP
410 12th Street, Suite 250
Oakland, CA 94607
Tel: [phone]
Fax: [phone]
[e-mail]
Counsel for Plaintiff Friends of the West Shore

/s/ Andrew B. Sabey (as authorized on 7/11/12)
JOHN L. MARSHALL, State Bar No. 145570
SCOTT LICHTIG, State Bar No. 243520
Tahoe Regional Planning Agency
P.O. Box 5310
Stateline, Nevada 89449
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
ANDREW B. SABEY, State Bar No. 160416
SCOTT B, BIRKEY, State Bar No. 209981
COX, CASTLE & NICHOLSON LLP
555 California Street, 10th Floor
San Francisco, California 94104-1513
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Counsel for Defendant Tahoe Regional Planning
Agency
/s/ Karin E. Schwab (as authorized on 7/11/12)
VALERIE D. FLOOD, State Bar No. 126639

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STIPULATION AND [PROPOSED] ORDER WITHDRAWING PLAINTIFFS’ MOTION TO EXCLUDE EXTRA-RECORD EVIDENCE AND
SETTING BRIEFING SCHEDULE FOR CROSS-MOTIONS FOR SUMMARY JUDGMENT
NO.: 2:12-CV-00044-WBS-CKD

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KARIN E. SCHWAB, State Bar No. 157779
Placer County Counsel’s Office
175 Fulweiler Avenue
Auburn, California 95603
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Counsel for Defendants County of Placer and Board of
Supervisors of the County of Placer

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STIPULATION AND [PROPOSED] ORDER WITHDRAWING PLAINTIFFS’ MOTION TO EXCLUDE EXTRA-RECORD EVIDENCE AND
SETTING BRIEFING SCHEDULE FOR CROSS-MOTIONS FOR SUMMARY JUDGMENT
NO.: 2:12-CV-00044-WBS-CKD

ORDER

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The Court having read and considered the foregoing stipulation, and good cause appearing,

3 it is ORDERED as follows:
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1. TRPA’s Administrative Record shall be composed of the documents separately

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submitted by TRPA and all documents in the County’s administrative record excluding

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those documents identified in the index attached hereto as Exhibit A.

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2. Plaintiffs’ Motion to Exclude Extra-Record Evidence from Tahoe Regional Planning

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Agency’s Administrative Record” (Doc. No. 28) is withdrawn and the July 30, 2012

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hearing is vacated.

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3. Plaintiffs shall file their motion for summary judgment no later than August 9, 2012.

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4. Defendants shall file their cross-motions for summary judgment and oppositions to

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plaintiffs’ motion for summary judgment no later than September 7, 2012.

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5. Plaintiffs shall file their reply to defendants’ oppositions to the motion for summary

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judgment and oppositions to cross-motions for summary judgment no later than

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October 5, 2012.

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6. Defendants shall file their replies to plaintiffs’ oppositions to cross-motions for
summary judgment no later than October 26, 2012.
7. The parties shall lodge the joint appendix, which shall include hard copies of excerpts

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of those portions of the record cited in support of the parties’ cross motions for

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summary judgment, with the Court no later than October 30, 2012.

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8. The hearing on the cross-motions for summary judgment shall be continued from
November 14, 2012 at 9:00 a.m. to December 5, 2012 at 9:00 a.m.
9. Except as ordered herein the Status (Pretrial Scheduling) Order remains in place.
IT IS SO ORDERED.
DATED: July 12, 2012

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STIPULATION AND [PROPOSED] ORDER WITHDRAWING PLAINTIFFS’ MOTION TO EXCLUDE EXTRA-RECORD EVIDENCE AND
SETTING BRIEFING SCHEDULE FOR CROSS-MOTIONS FOR SUMMARY JUDGMENT
NO.: 2:12-CV-00044-WBS-CKD

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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing will be e-filed on July 11,

3 2012, and will be automatically served upon counsel of record, all of whom appear to be
4 subscribed to receive notice from the ECF system.
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/s/ Howard F. Wilkins III
HOWARD F. WILKINS III, State Bar No. 203083
Remy Moose Manley, LLP
455 Capitol Mall, Suite 210
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Defendants and Real Parties in Interest
HOMEWOOD VILLAGE RESORTS, LLC and
JMA VENTURES, LLC

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STIPULATION AND [PROPOSED] ORDER WITHDRAWING PLAINTIFFS’ MOTION TO EXCLUDE EXTRA-RECORD EVIDENCE AND
SETTING BRIEFING SCHEDULE FOR CROSS-MOTIONS FOR SUMMARY JUDGMENT
NO.: 2:12-CV-00044-WBS-CKD