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

Filing 24

STIPULATION AND ORDER signed by Judge Lawrence K. Karlton on 3/24/2014 CONTINUING the Status Conference to 6/23/2014 at 01:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton; ORDERING the parties to file further status reports fourteen days prior to that date. (Michel, G)

1 DAMIEN M. SCHIFF, Cal. Bar No. 235101
E-mail: [e-mail]
2 ANTHONY L. FRANÇOIS, Cal. Bar No. 184100
E-mail: [e-mail]
3 Pacific Legal Foundation
930 G Street
4 Sacramento, California 95814
Telephone: [phone]
5 Facsimile: [phone]
Attorneys for Plaintiffs
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ROBERT O. DREHER
7 Acting Assistant Attorney General
Environment & Natural Resources Division
8 KIM SMACZNIAK, NYS Bar No. 4782637
E-mail: [e-mail]
9 JOHN THOMAS H. DO, Cal. Bar No. 285075
E-mail: [e-mail]
10 Environmental Defense Section
United States Department of Justice
11 P.O. Box 7611
Washington, DC 20044
12 Attorneys for Defendant U.S. Army Corps of Engineers
13 KAMALA D. HARRIS
Attorney General of California
14 TRACY L. WINSOR
Supervising Deputy Attorney General
15 MATTHEW J. GOLDMAN, Cal. Bar No. 11330
Deputy Attorney General
16 KRISTIN B. PEER, Cal. Bar No. 251326
Deputy Attorney General
17 1300 I Street, Suite 125
P.O. Box 944255
18 Sacramento, California 94244-2550
Telephone: [phone]
19 E-mail: [e-mail]
Attorneys for Defendants Central Valley Regional
20 Water Quality Control Board Members and Executive Officer
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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24 DUARTE NURSERY, INC., et al.,
Plaintiffs,
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v.
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UNITED STATES ARMY CORPS OF ENGINEERS,
27 et al.,
Defendants.
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Stipulation and Joint Request to
Continue Status Conference; [Proposed] Order

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No. 2:13-cv-02095-LKK-DAD
STIPULATION AND JOINT
REQUEST TO CONTINUE
STATUS CONFERENCE, AND
ORDER

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All Defendants have moved to dismiss Plaintiffs’ Complaint; the Court heard these motions

2 on February 10, 2014, and took them under submission. As of this date the Court has not issued
3 a ruling on the motions.
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A status conference was originally set for January 13, 2014, which the Court continued to

5 March 24, 2014, because the motions to dismiss were then pending and the parties had suggested
6 that scheduling be deferred until after the motions were resolved. Because the motions to dismiss
7 are submitted and the Court has not yet ruled on them, the parties now stipulate and respectfully
8 request that the Court continue the March 24, 2014, status conference until after the motions are
9 ruled on.
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In particular, in joining this request, Defendant U.S. Army Corps of Engineers (the

11 “Corps”) draws the court’s attention to its Status Report, wherein the Corps reports it is
12 considering alleging a counterclaim under the Clean Water Act against Plaintiffs and believes this
13 matter should be resolved prior to the Scheduling Conference.
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DATED: March 19, 2014.

DAMIEN M. SCHIFF
ANTHONY L. FRANÇOIS

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/s/ Anthony L. François
ANTHONY L. FRANÇOIS
Attorneys for Plaintiffs Duarte Nursery, Inc.
and John Duarte

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DATED: March 19, 2014.

ROBERT G. DREHER
Acting Assistant Attorney General

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/s/ John Thomas H. Do
KIM SMACZNIAK
JOHN THOMAS H. DO
Trial Attorneys
United States Department of Justice
Environment and Natural Resources Division
Attorneys for United States Army Corps of Engineers

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Stipulation and Joint Request to
Continue Status Conference; [Proposed] Order

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DATED: March 19, 2014.

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KAMALA D. HARRIS
Attorney General of California
TRACY L. WINSOR
Supervising Deputy Attorney General

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/s/ Kristin B. Peer
MATTHEW J. GOLDMAN
KRISTIN B. PEER
Deputy Attorney General
Attorneys for Defendants Central Valley Regional
Water Quality Control Board members and Executive
Officer sued as individuals in their official capacities

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Good cause appearing, it is hereby ordered that the status conference set for March 24,

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9 2014, is reset to June 23, 2014, at 1:30 p.m. All parties shall file further status reports not later
10 than fourteen days prior to that date.
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12 DATED: March 24, 2014.
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Stipulation and Joint Request to
Continue Status Conference; [Proposed] Order

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