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

Filing 199

ORDER granting 197 Motion to Shorten Time signed by District Judge Kimberly J. Mueller on 6/20/16: HEARING as to 196 Motion for Reconsideration RESET for 7/1/2016 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. Joint pretrial statement due date is CONTINUED to July 29, 2016. Final Pretrial Conference RESET for 8/12/2016 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. The Bench Trial previously set for July 25, 2016 is VACATED to be reset at the Final Pretrial Conference. (Kaminski, H)

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1 2 3 4 5 6 M. REED HOPPER (Bar No. 131291) ANTHONY L. FRANÇOIS (Bar No. 184100) Pacific Legal Foundation 930 G Street Sacramento, CA 95814 (916) 419-7111 (p) (916) 419-7747 (f) mrh@pacificlegal.org alf@pacificlegal.org See next page for additional attorneys for Plaintiffs and Counterclaim-Defendants 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DUARTE NURSERY, INC., a California Corporation; and JOHN DUARTE, an individual, Plaintiffs, 12 13 UNITED STATES ARMY CORPS OF ENGINEERS, ORDER GRANTING DUARTE’S EX PARTE APPLICATION FOR ORDER SHORTENING TIME v. 14 No. 2:13−CV−02095−KJM−AC (TEMP) 15 Defendant. 16 17 18 UNITED STATES OF AMERICA Counterclaim- Plaintiff, 19 v. 20 DUARTE NURSERY, INC., a California Corporation; and JOHN DUARTE, an individual, 21 22 23 24 25 26 27 28 Counterclaim- Defendants. Trail Date: Time: Courtroom: Judge: July 25, 2016 9:00 a.m. 3 Hon. Kimberly J. Mueller 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Additional attorneys for Plaintiffs and Counterclaim-Defendants DAVID M. IVESTER (Bar No. 76863) PETER PROWS (Bar No. 257819) Briscoe Ivester & Bazel LLP 155 Sansome Street, Seventh Floor San Francisco, CA 94104 (415) 402-2700 (p) (415) 398-5630 (f) divester@briscoelaw.net pprows@briscoelaw.net GERALD E. BRUNN (Bar No. 107004) Law Offices of Brunn & Flynn 928 12th Street, Suite 200 Modesto, CA 95354 (209) 521-2133 (p) (209) 521-7584 (f) gbrunn@brunn-flynn.com 1 Plaintiffs and Counterclaim-Defendants Duarte Nursery, Inc. and John Duarte filed an ex 2 parte application seeking an order shortening time for the hearing for their motion for 3 reconsideration, or for certification of interlocutory appeal, and for a stay. 4 Good cause appearing, the ex parte application is GRANTED. The court will hear the 5 motion on July 1, 2016 at 10:00 A.M. in Courtroom 3 (KJM) before District Judge Kimberly J. 6 Mueller. Any opposition to the motion will be filed with this court by June 22, 2016. Any reply will 7 be filed with this court by June 27, 2016. Accordingly, the joint pretrial statement due date is 8 CONTINUED to July 29, 2016. The Final Pretrial Conference previously set for June 30, 2016 is 9 RESET to August 12, 2016 at 10:00 A.M. The Bench Trial previously set for July 25, 2016 is 10 11 12 VACATED to be reset at the Final Pretrial Conference. IT IS SO ORDERED DATED: June 20, 2016 13 14 15 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 1

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