Duarte Nursery Inc. et al v. United States Army Corps of Engineers et al

Filing 186

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 4/14/2016 ORDERING that the Joint Pretrial Conference Statement previously due 4/28/2016, is now due 5/11/2016. (Zignago, K.)

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JOHN C. CRUDEN
Assistant Attorney General
ANDREW J. DOYLE (FL Bar No. 84948)
JOHN THOMAS H. DO (CA Bar No. 285075)
SAMARA M. SPENCE (TN Bar No. 031484)
United States Department of Justice
Environment and Natural Resources Division
P.O. Box 7611
Washington, DC 20044 / [phone] or 514-2593
Attorneys for Defendants and Counterclaim-Plaintiff
M. REED HOPPER (CA Bar No. 131291)
ANTHONY L. FRANÇOIS (CA Bar No. 184100)
Pacific Legal Foundation
930 G Street
Sacramento, CA 95814 / [phone]
Attorneys for Plaintiffs and Counterclaim-Defendants

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(See infra for additional counsel of record.)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
No. 2:13−CV−02095−KJM−AC
DUARTE NURSERY, INC., a California
Corporation; et al.,
Plaintiffs,

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v.

STIPULATION AND
PROPOSED ORDER REGARDING
DATE FOR SUBMISSION OF JOINT
PRETRIAL CONFERENCE STATEMENT

UNITED STATES ARMY CORPS OF
ENGINEERS, et al.,
Defendants.
__________________________________
UNITED STATES OF AMERICA,
Counterclaim- Plaintiff,

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v.

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DUARTE NURSERY, INC., a California
Corporation; et al.,

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Counterclaim- Defendants.

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Stipulated and Proposed Order Joint Pretrial Conference
Statement

No. 2:13-CV-02095-KJM-AC

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The Parties to this action—i.e., Plaintiffs and Counterclaim-Defendants Duarte Nursery,

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Inc., and John Duarte (collectively, “Duarte”) and Defendants United States Army Corps of

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Engineers, United States of America, and Counterclaim-Plaintiff United States of America

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(collectively, “United States”)—hereby stipulate and jointly seek the Court’s approval of the

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following modifications to the Court’s Minute Order of February 26, 2016 (ECF 179):

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1.

The parties in this case have completed all discovery and have filed six

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dispositive motions, which presently remain pending before the Court.

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remaining for the parties are the Pretrial Conference and preceding Joint Pretrial Conference

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Statement, Trial Briefs, trial exhibits, and the bench trial itself.

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2.

The only tasks

Under the Court’s February 26, 2016, Minute Order, the parties have until

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April 28, 2016, to confer and submit a Joint Pretrial Conference Statement. ECF 179. Under

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the Court’s subsequent April 5, 2016, Minute Order, the Final Pretrial Conference will be held

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on May 18, 2016. ECF 184.

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3.

By the Court’s March 25, 2016, Minute Order, the Court reset the bench trial

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date for July 25, 2016, as well as the filing deadline for the parties’ trial briefs, for July 11,

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2016. ECF 183.

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5.

The parties have conferred and agree to continue the date for submitting the Joint

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Pretrial Conference Statement to May 11, 2016. This date is in accord with Local Rule

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281(a)(2), and will provide the parties the maximum available time to prepare the Joint

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Statement in light of any ruling issued by the Court on the pending motions for summary

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judgment.

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6.

Wherefore, based on the above, and for good cause shown, the parties stipulate

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and request that the Court reset the date for submission of the Joint Pretrial Conference

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Statement from April 28, 2016, to May 11, 2016, and to so order.

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Respectfully submitted and stipulated:

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Dated: April 7, 2016

JOHN C. CRUDEN
Assistant Attorney General
/s/ Andrew J. Doyle_________

Stipulated and Proposed Order Joint Pretrial Conference
Statement

No. 2:13-CV-02095-KJM-AC
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ANDREW J. DOYLE (FL Bar No.84948)
JOHN THOMAS H. DO (CA Bar No. 285075)
SAMARA M. SPENCE (TN Bar No. 031484)
Trial Attorneys
United States Department of Justice
Environment and Natural Resources Division
P.O. Box 7611
Washington, DC 20044
[phone] (p) (Doyle)
[phone] (p) (Do)
[phone] (p) (Spence)
[phone] (f)
[e-mail]
[e-mail]

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BENJAMIN B. WAGNER
United States Attorney
GREGORY T. BRODERICK
(CA Bar No. 220871)
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
[phone] (p)
[phone] (f)
[e-mail]

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Attorneys for Defendants and CounterclaimPlaintiff

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Dated: April 7, 2016

_/s/ Anthony L. Francois_____________
M. REED HOPPER (CA Bar No. 131291)
ANTHONY L. FRANÇOIS (CA Bar No. 184100)
Pacific Legal Foundation
930 G Street
Sacramento, CA 95814
[phone] (p)
[phone] (f)
[e-mail]
[e-mail]
DAVID M. IVESTER (CA Bar No. 76863)
PETER PROWS (CA Bar No. 257819)
Briscoe Ivester & Bazel LLP
155 Sansome Street, Seventh Floor

Stipulated and Proposed Order Joint Pretrial Conference
Statement

No. 2:13-CV-02095-KJM-AC
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San Francisco, CA 94104
[phone] (p)
[phone] (f)
[e-mail]
[e-mail]
GERALD E. BRUNN (CA Bar No. 107004)
Law Offices of Brunn & Flynn
928 12th Street, Suite 200
Modesto, CA 95354
[phone] (p)
[phone] (f)
[e-mail]
Attorneys for Plaintiffs and CounterclaimDefendants

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Stipulated and Proposed Order Joint Pretrial Conference
Statement

No. 2:13-CV-02095-KJM-AC
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
No. 2:13−CV−02095−KJM−AC
DUARTE NURSERY, INC., a California
Corporation; and JOHN DUARTE, an
individual,

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Plaintiffs,

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v.

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ORDER

UNITED STATES ARMY CORPS OF
ENGINEERS and UNITED STATES OF
AMERICA

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Defendants.
__________________________________
UNITED STATES OF AMERICA,
Counterclaim- Plaintiff,

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v.

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DUARTE NURSERY, INC., a California
Corporation; and JOHN DUARTE, an
individual,

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Counterclaim- Defendants.
Good cause appearing, the Court’s Minute Order of February 26, 2016 (ECF No. 179), is
revised as follows:
The Joint Pretrial Conference Statement previously due April 28, 2016, is now due
May 11, 2016.
DATED: April 14, 2016.

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UNITED STATES DISTRICT JUDGE

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Stipulated and Proposed Order Joint Pretrial Conference
Statement

No. 2:13-CV-02095-KJM-AC
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