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

Filing 42

STIPULATION and ORDER FOR LEAVE TO FILE CORRECTED OPENING BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 41 signed by Judge William B. Shubb on 8/17/2012: Plaintiffs are granted leave to file a Corrected Opening Brief in Support of Motion for Summary Judgment, as identified in Exhibit A. (Kirksey Smith, K)

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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

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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SIERRA CLUB and FRIENDS OF THE WEST )
SHORE,
)
)
Plaintiffs,
)
)
vs.
)
)
TAHOE REGIONAL PLANNING AGENCY, )
COUNTY OF PLACER, and BOARD OF
)
SUPERVISORS OF THE COUNTY OF
)
PLACER,
)
)
Defendants,
)
)
vs.
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HOMEWOOD VILLAGE RESORTS, LLC and )
JMA VENTURES, LLC,
)
)
Defendants and
)
Real Parties in Interest.
)
)

Civ. No. 2:12-CV-00044-WBS-CKD
STIPULATION FOR LEAVE TO FILE
CORRECTED OPENING BRIEF IN SUPPORT
OF MOTION FOR SUMMARY JUDGMENT
and
[PROPOSED] ORDER
Date:
Time:
Place:
Judge:

December 5, 2012
9:00 a.m.
Courtroom 5
Hon. William B. Shubb

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STIPULATION FOR LEAVE TO FILE CORRECTED BRIEF ISO MSJ — 2:12-CV-00044-WBS-CKD

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WHEREAS,

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1. On August 9, 2012, Plaintiffs Sierra Club and Friends of the West Shore (“plaintiffs”)

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filed their Motion for Summary Judgment and Opening Brief in Support of Motion for Summary

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Judgment (Doc. 40-1, “Brief”), per the Court’s July 13, 2012 Order on Briefing Schedule (Doc. 38);

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2. Since the filing of the Brief, plaintiffs have identified several inadvertent errors in the

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Brief that, once corrected, would point the Court to plaintiffs’ intended references and would allow

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the Court to more easily follow plaintiffs’ argument;

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3. None of the corrections would change or add to the substance of plaintiffs’ argument;

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THEREFORE, the parties hereby stipulate that plaintiffs shall be allowed to file a Corrected

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Brief, attached hereto as Exhibit A, with the following corrections:
a.

On page 3, footnote 3, line 28, deletion of an erroneous

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reference to “plaintiffs’ Request for Judicial Notice,” and replacement with reference

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to “Exhibit 1 to the Declaration of Wendy S. Park (“Park Decl.”).”

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b.

transposition of the words “325” and “of.”

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On page 8, line 7, correction of the inadvertent

c.

On page 21, lines 17-18, correction of the phrase

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“which a ‘no amendments’ alternative have avoid,” to “which a ‘no amendments’

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alternative would have avoided.”

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d.

parenthesis after the word “vegetation.”

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On page 34, line 5, insertion of an inadvertently omitted

e.

On page 36, line 15, deletion of an erroneous reference
to Code section “22.7” and replacement with “22.4.G.”

DATED: August 16, 2012

Respectfully submitted,

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/s/ Wendy S. Park
TRENT W. ORR
WENDY S. PARK
Earthjustice
Counsel for Plaintiffs Sierra Club and Friends of the
West Shore

STIPULATION FOR LEAVE TO FILE CORRECTED BRIEF ISO MSJ — 2:12-CV-00044-WBS-CKD

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MICHAEL LOZEAU
Lozeau Drury LLP
Counsel for Plaintiff Friends of the West Shore
/s/ John L. Marshall (authorized 8/15/2012)
JOHN L. MARSHALL
SCOTT LICHTIG
Tahoe Regional Planning Agency
ANDREW B. SABEY
SCOTT B. BIRKEY
Cox, Castle & Nicholson, LLP
Counsel for Defendant Tahoe Regional Planning
Agency

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/s/ Karin E. Schwab (authorized 8/15/2012)
VALERIE D. FLOOD
KARIN E. SCHWAB
Placer County Counsel’s Office
Counsel for Defendants County of Placer and Board of
Supervisors of the County of Placer
/s/ Howard F. Wilkins III (authorized 8/15/2012)
WHITMAN F. MANLEY
HOWARD F. WILKINS III
Remy Moose Manley, LLP
Counsel for Defendants and Real Parties in Interest
Homewood Village Resorts, LLC and JMA Ventures,
LLC

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ORDER

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IT IS SO ORDERED. Plaintiffs are granted leave to file a Corrected Opening Brief in

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Support of Motion for Summary Judgment, as identified in Exhibit A.

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DATED: August 17, 2012

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STIPULATION FOR LEAVE TO FILE CORRECTED BRIEF ISO MSJ — 2:12-CV-00044-WBS-CKD

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