United States v. Anchordoguy, et al.

Filing 10

STIPULATION and ORDER 9 regarding Joint Status Report deadline and name change signed by Chief Judge Morrison C. England, Jr. on 6/5/2013. Defendant John Barlow's correct middle initial is "R" rather than "M" as alleged in Complaint. All references in Complaint to "John M. Barlow" shall be construed as "John R. Barlow" and Clerk shall correct docket accordingly. Secondly, the deadline for parties to file their Joint Status Report is 46 days from filing of Answer(s) to Complaint. Thus if defendant answer 1 Complaint on 7/1/2013, Joint Status Report will be due 8/16/2013. (Marciel, M)

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IGNACIA S. MORENO
Assistant Attorney General
Andrew J. Doyle (Fl. Bar No. 84948)
Senior Attorney
United States Department of Justice
Environment and Natural Resources Division
P.O. Box 7611
Washington, DC 20044 / [phone]
BENJAMIN B. WAGNER
United States Attorney
Sylvia Quast (Ca. Bar No. 159011)
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814 / [phone]
Attorneys for Plaintiff United States of America

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

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UNITED STATES OF AMERICA,
Plaintiff,

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v.

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MATTHEW R.
ANCHORDOGUY, et al.,

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Defendants.

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No. 2:13-CV-848-MCE-CMK
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STIPULATION REGARDING
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JOINT STATUS REPORT
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DEADLINE AND DEFENDANT
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JOHN BARLOW; ORDER
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THEREON
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Plaintiff United States of America and Defendants Matthew Anchordoguy,

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Anchordoguy and Company Limited Partnership, and John Barlow stipulate and

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agree as follows:

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Stipulation

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1.

On May 1, 2013, the United States filed a complaint. ECF No. 2.

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The same day, the Court issued an Order directing the parties to file a

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joint status report “[w]ithin sixty (60) days of service of the complaint on any

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party[.]” ECF No. 4 (emphasis added).

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3.

On May 2, 2013, the United States notified Defendants about the

complaint and requested that they waive service. See Fed. R. Civ. P. 4(d)(1).
4.

Shortly thereafter, Defendants did, in fact, waive service. See ECF

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Nos. 5 (Matthew Anchordoguy), 6 (Anchordoguy and Company Limited

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Partership), and 7 (John Barlow).

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5.

Because they have waived service, Defendants have 60 days from the

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date of the United States’ request, i.e., through and including July 1, 2013, to

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answer the complaint. See Fed. R. Civ. P. 4(d)(3), 12(a)(1)(A)(ii).

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6.

The first purpose of this stipulation is to correct the middle initial of

Defendant John Barlow.
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As he noted when waiving service, see ECF No. 7, Defendant John

Barlow’s correct middle initial is “R” rather than “M” as alleged in the complaint.
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All references in the complaint to “John M. Barlow” shall be

construed as “John R. Barlow,” and the Clerk shall correct the docket accordingly.

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Stipulation

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9.

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The second purpose of this stipulation is to establish a deadline for the

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parties to file the joint status report that is both consistent with the Order and takes

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into account that Defendants have waived service.
10.

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The deadline for the parties to file the joint status report is 46 days

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from the filing of answer(s) to the complaint.1

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STIPULATED AND AGREED TO ON BEHALF OF PLAINTIFF:
IGNACIA S. MORENO
Assistant Attorney General

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Dated: May 17, 2013

__/s/ Andrew J. Doyle___________
Andrew J. Doyle (Fl. Bar No. 84948)
Senior Attorney
United States Department of Justice
Environment and Natural Resources
Division
P.O. Box 7611
Washington, DC 20044
[phone] (phone)
[phone] (fax)
[e-mail]

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BENJAMIN B. WAGNER
United States Attorney
Sylvia Quast (Ca. Bar No. 159011)
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
[phone] (phone)
[e-mail]

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Thus, if Defendants answer the complaint on July 1, the joint report will be due August 16.
Stipulation

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STIPULATED AND AGREED TO ON BEHALF OF DEFENDANTS:
Dated: May 17, 2013

__/s/ B. Demar Hooper___
B. Demar Hooper, Esq.
3910 Knollwood Court
Sacramento, CA 95821
[phone] (phone)
[e-mail]

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ORDER

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In accordance with the foregoing stipulation and good cause appearing,

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IT IS SO ORDERED.

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DATED: June 5, 2013

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___________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT COURT

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Stipulation

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