Conservation Congress v. United States Forest Service

Filing 56

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 10/28/13 ORDERING that the defendant's 50 Motion to Alter the Judgment is submitted upon the record and the 11/4/13 hearing is VACATED. (Manzer, C)

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ROBERT G. DREHER
Acting Assistant Attorney General
Environment & Natural Resources Division
United States Department of Justice

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MARY HOLLINGSWORTH (AZ 027080)
Trial Attorney, Wildlife and Marine Resources Section
JOHN P. TUSTIN (TX 24056458)
Trial Attorney, Natural Resources Section
Ben Franklin Station, P.O. Box 7611
Washington, D.C. 20044-7611
Tel: [phone] (Hollingsworth)
[phone] (Tustin)
Fax: [phone] (Hollingsworth)
[phone] (Tustin)
BENJAMIN B. WAGNER
United States Attorney

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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CONSERVATION CONGRESS, a non-profit
corporation;

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Plaintiff,
v.
UNITED STATES FOREST SERVICE, an
administrative agency of the United States
Department of Agriculture,

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Federal Defendant.
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STIPULATION REGARDING THE NOVEMBER 4 HEARING
ON FEDERAL DEFENDANT’S MOTION TO ALTER JUDGMENT

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Stipulation re: Nov. 4 hearing

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The parties, by and through their attorneys of record, respectfully submit the following
stipulation regarding the November 4 hearing on Federal Defendant’s Motion to Alter Judgment.

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Federal Defendant filed a motion to alter judgment on October 1 and noticed the hearing

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for November 4. ECF No. 50-52. Plaintiff filed its response in opposition on October 20 (ECF

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No. 53), and Federal Defendant filed its reply in support on October 25. ECF No. 54. The

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motion to alter judgment is now fully briefed.

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Pursuant to Local Rules 143 and 230(g), the parties stipulate that the motion may be

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submitted upon the record and briefs on file and request that the November 4 hearing date be

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vacated. A proposed order is attached hereto.

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Respectfully submitted on this 28th day of October, 2013.

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On behalf of Plaintiff:

/s/ (with permission)
ERIK B. RYBERG
[e-mail]
P.O. Box. 2013
Tucson, AZ 85702
Tel: [phone]

On behalf of Federal Defendant:

ROBERT G. DREHER
Acting Assistant Attorney General
Environment & Natural Resources Division
United States Department of Justice

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/s/ John P. Tustin
MARY HOLLINGSWORTH (AZ 027080)
Trial Attorney, Wildlife and Marine Resources Section
JOHN P. TUSTIN (TX 24056458)
Trial Attorney, Natural Resources Section
Ben Franklin Station, P.O. Box 7611
Washington, D.C. 20044-7611
Tel: [phone] (Hollingsworth)
[phone] (Tustin)
Fax: [phone] (Hollingsworth)
[phone] (Tustin)
BENJAMIN B. WAGNER
United States Attorney

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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CONSERVATION CONGRESS, a non-profit
corporation;
Plaintiff,
v.

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UNITED STATES FOREST SERVICE, an
administrative agency of the United States
Department of Agriculture,
Federal Defendant.

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Case No. 2:13-CV-0832-LKK-DAD

ORDER REGARDING THE
NOVEMBER 4 HEARING ON
FEDERAL DEFENDANT’S MOTION
TO ALTER JUDGMENT

The Court is in receipt of the parties’ Stipulation Regarding the November 4 Hearing on
Federal Defendant’s Motion to Alter Judgment.

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IT IS HEREBY ORDERED that Federal Defendant’s Motion to Alter Judgment is

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submitted upon the record and briefs on file. It is further ordered that the November 4 hearing is

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VACATED.

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IT IS SO ORDERED.

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Dated: October 28, 2013

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CERTIFICATE OF SERVICE

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I, John P. Tustin, hereby certify that on October 28, 2013, I caused the foregoing to be
served upon counsel of record through the Court’s CM/ECF system.

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/s/ John P. Tustin
JOHN P. TUSTIN
Attorney for Federal Defendant