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

Filing 222

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 7/28/16 ORDERING the pretrial conference, which was previously set for 8/26/16 at 10:00 A.M. and is now reset for 9/2/16 at 10:00 A.M.; the Joint Pretrial Statement and the Motions in limine are due to be filed no later than 8/5/16; Responses are due to be filed no later than 8/15/16; (Optional) replies are due to be filed no later than 8/19/16.(Becknal, R)

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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 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 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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STIPULATION AND ORDER
REGARDING MOTIONS IN LIMINE

v.
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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Stipulation/Order Re: Ms/L

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

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Pursuant to the Court’s Amended Status (Pretrial Scheduling) Order at 6:15-16 (ECF No.

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73), “all motions in limine must be filed in conjunction with the joint pretrial statement,” which

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is due to be filed on August 5, 2016 (ECF No. 210). Counterclaim Plaintiff United States of

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America and Counterclaim-Defendants Duarte Nursery, Inc. and John Duarte hereby stipulate

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and jointly move the Court to approve the following briefing schedule for motions in limine:

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1.

Motions in limine are due to be filed no later than August 5, 2016, and shall be

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noticed to be heard at the pretrial conference, currently scheduled for August 26, 2016, at 10:00

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A.M.

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2.

Responses are due to be filed no later than August 15, 2016.

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3.

(Optional) replies are due to be filed no later than August 19, 2016.

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Respectfully submitted and stipulated:

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JOHN C. CRUDEN
Assistant Attorney General

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Dated: July 26, 2016

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/s/ Andrew J. Doyle
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]
PHILLIP A. TALBERT
Acting 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)

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Stipulation/Order Re: Ms/L

No. 2:13-CV-02095-KJM-AC
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[phone] (f)
[e-mail]

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Attorneys for Counterclaim-Plaintiff

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Dated: July 26, 2016

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/s/ Peter Prows
DAVID M. IVESTER (CA Bar No. 76863)
PETER PROWS (CA Bar No. 257819)
Briscoe Ivester & Bazel LLP
155 Sansome Street, Seventh Floor
San Francisco, CA 94104
[phone] (p)
[phone] (f)
[e-mail]
[e-mail]

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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]

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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]

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Attorneys for CounterclaimDefendants

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Stipulation/Order Re: Ms/L

No. 2:13-CV-02095-KJM-AC
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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

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Plaintiffs,

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ORDER

v.

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No. 2:13−CV−02095−KJM−AC

UNITED STATES ARMY CORPS OF
ENGINEERS and UNITED STATES OF
AMERICA

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Defendants.
__________________________________
UNITED STATES OF AMERICA,

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Counterclaim- Plaintiff,
v.
DUARTE NURSERY, INC., a California
Corporation; and JOHN DUARTE, an
individual,
Counterclaim- Defendants.

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To ensure that all motions in limine are fully briefed and able to be heard at the pretrial
conference, which was previously set for August 26, 2016 at 10:00 A.M. and is now reset for
September 2, 2016 at 10:00 A.M., the Court approves the parties’ stipulated schedule, as
follows:
1.

than August 5, 2016.

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The Joint Pretrial Statement and the Motions in limine are due to be filed no later

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Responses are due to be filed no later than August 15, 2016.

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Stipulation/Order Re: Ms/L

No. 2:13-CV-02095-KJM-AC
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3.

(Optional) replies are due to be filed no later than August 19, 2016.

DATED: July 28, 2016

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UNITED STATES DISTRICT JUDGE

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Stipulation/Order Re: Ms/L

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