Jameson Beach Property Owners Association v. United States Government et al

Filing 127

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 7/2/14 ORDERING that the hearing on Plaintiff's 78 MOTION for PRELIMINARY INJUNCTION presently set for 7/10/14 is VACATED and CONTINUED to 7/24/2014 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr. The existing briefing schedule set forth in the Court's 6/23/14 Minute Order 119 SHALL REMAIN in place. (Mena-Sanchez, L)

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JAMES J. BANKS (SBN 119525)
[e-mail]
ROBERTA LINDSEY SCOTT (SBN 117023)
[e-mail]
BANKS & WATSON
Hall of Justice Building
813 6th Street, Suite 400
Sacramento, CA 95814-2403
[phone]
[phone] (facsimile)
THOMAS SCOTT BROOKE (SBN 65311)
[e-mail]
Brooke Shaw Zumpft
P.O. Box 2860
Minden, NV 89423
[phone]
[phone](facsimile)
Attorneys for Defendants
CAMP RICHARDSON RESORT, INC
and KRIS KNOX.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiffs,
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v.
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THE UNITED STATES OF AMERICA, UNITED )
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STATES DEPARTMENT OF AGRICULTURE; )
FOREST SERVICE, a government entity; EL
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DORADO COUNTY, a government entity;
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STATE OF CALIFORNIA [CALTRANS], a
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government entity; and DOES 1 through 25,
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inclusive,
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Defendants.
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JAMESON BEACH PROPERTY OWNERS
ASSOCIATION, an unincorporated association;
GENE LANDON, an individual; and HELEN
NICOLAIDES,

Case No.: 2:13-cv-01025-MCE-AC
STIPULATION AND ORDER TO
CONTINUE PLAINTIFFS’
APPLICATION FOR PRELIMINARY
INJUNCTION FROM JULY 10, 2014 TO
JULY 24, 2014

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STIPULATION TO CONTINUE PLAINTIFFS’
APPLICATION FOR PRELIMINARY INJUNCTION

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Plaintiffs Jameson Beach Property Owners Association, Gene Landon and Helen Nicolaides

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(collectively “Plaintiffs”) and defendants Camp Richardson Resort, Inc. and Kris Knox (collectively

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“CRR”) by and through their counsel of record agree and stipulate as follows:

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RECITALS

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WHEREAS, the Plaintiffs filed an Application for Preliminary Injunction.
Plaintiffs’ Application was scheduled for June 26, 2014; and

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Argument on

WHEREAS, on June 23, 2014, the Court issued its Minute Order permitting additional briefing
as a consequence of new evidence submitted by the Plaintiffs with their reply brief; and

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WHEREAS, the Court’s Minute Order permitted CRR to file a Sur-Reply, not to exceed 10

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pages, to Plaintiffs’ Reply and accompanying declarations no later than 2:00 p.m. on June 27, 2014. The

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Court’s Minute Order permitted the Plaintiffs to file a response to CRR’s Sur-Reply, also not to exceed

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10 pages, on or before 2:00 p.m. on July 3, 2014, which response may not raise new issues or present

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new evidence; and

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WHEREAS, the Court’s Minute Order continued the hearing on Plaintiffs’ Preliminary
Injunction Application to July 10, 2014 at 2:00 p.m.; and

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WHEREAS, James J. Banks, counsel to CRR, will be out of the country on July 10, 2014

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participating in a pre-arranged teaching assignment in India. Mr. Banks will not return to California

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until July 17, 2014; and

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THEREFORE, in light of Mr. Banks’ unavailability on the July 10, 2014 scheduled hearing date,
the parties hereto stipulate as follows:

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“Hearing on the Plaintiffs’ Preliminary Injunction Application shall be continued from July 10,

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2014 at 2:00 p.m. to July 24, 2014 at 2:00 p.m. in Courtroom 7, the Honorable Chief Judge

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Morrison England presiding. Defendants will not use this stipulation and two week extension to bolster

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their laches and lack of irreparable harm arguments, or to plaintiffs’ detriment. The briefing schedule

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set forth in the Court’s Minute Order shall remain in place.”

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SO STIPULATED.
DATED: June 26, 2014

BANKS & WATSON

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By:

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/s/ James J. Banks
JAMES J. BANKS
Attorneys for Defendants
CAMP RICHARDSON RESORT, INC
and KRIS KNOX

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DATED: June 26, 2014

TAHOE LAW CENTER

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By:

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/s/ Jacqueline Mittelstadt
JACQUELINE MITTELSTADT
Attorneys for Plaintiffs
JAMESON BEACH PROPERTY OWNERS
ASSOCIATION, GENE LANDON, AND HELEN
NICOLAIDES

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ORDER

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Good cause appearing and pursuant the parties’ stipulation, the hearing on Plaintiffs’ Preliminary

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Injunction, presently set for July 10, 2014, at 2:00 p.m., is VACATED and CONTINUED to July 24,

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2014, at 2:00 p.m., in Courtroom 7. The existing briefing schedule set forth in the Court’s June 23, 2014

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Minute Order, ECF No. 119, SHALL REMAIN in place.

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IT IS SO ORDERED.
Dated: July 2, 2014