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

Filing 31

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 6/2/2014 ORDERING 30 Status Conference Reset for 9/22/2014 at 01:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton; Status Reports due 14 days prior to conference. (Reader, L)

1
2
3

DAMIEN M. SCHIFF, Cal. Bar No. 235101
ANTHONY L. FRANÇOIS, Cal. Bar No. 184100
PACIFIC LEGAL FOUNDATION
930 G Street
Sacramento, California 95814
[phone]

4
Attorneys for the Plaintiffs and Counterclaim-Defendants
5
6

ROBERT G. DREHER
Acting Assistant Attorney General

7
8
9
10
11

ANDREW J. DOYLE (FL Bar No. 84948)
JOHN THOMAS H. DO (CA Bar No. 285075)
Trial Attorneys
United States Department of Justice
Environment and Natural Resources Division
P.O. Box 7611
Washington, DC 20044
[phone]

12
Attorneys for the Defendant and Counterclaim-Plaintiff
13
14
UNITED STATES DISTRICT COURT
15
EASTERN DISTRICT OF CALIFORNIA
16
17
18
19

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

20
21
22
23

No.

STIPULATION AND JOINT REQUEST TO
CONTINUE STATUS CONFERENCE

v.
UNITED STATES ARMY CORPS OF
ENGINEERS,
Defendant.

24
25
26
27
28

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

CIV. S-13-2095 LKK/DAD

1

1

UNITED STATES OF AMERICA,

2

CounterclaimPlaintiff,

3
v.
4
5
6

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

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

STIPULATION AND JOINT REQUEST TO CONTINUE STATUS CONFERENCE
Duarte Nursery, Inc. and John Duarte (“Duarte”) and the
United States of America (“United States”) (collectively, the
“Parties”) respectfully request an order from the Court
continuing the status conference until July 21, 2014 or later.
The Parties state the following in support of this request:
Duarte filed the Complaint on October 1, 2013. ECF No. 1.
The United States moved to dismiss Duarte’s Complaint on December
23, 2013, and the Court heard this motion on February 10, 2014,
taking the motion under submission.

ECF No. 10.

The Court continued the initial status conference scheduled
for January 13, 2014 until March 24, 2014 and then until June 23,
2014 because the motion to dismiss was then pending.

ECF No. 24.

On April 23, 2014, the Court denied the United States’ motion to
dismiss.

ECF No. 27.

The United States subsequently filed an

Answer to the Complaint and a Counterclaim against Duarte on May
7, 2014. ECF No. 28. On May 14, 2014 the parties stipulated to
extend the deadline for Duarte to respond to the United States’
Answer and Counterclaim until June 23, 2014, the same dates as
Stipulation and Joint Request to
Continue Status Conference;
[Proposed] Order

2

1

the currently scheduled status conference.

2

Although the parties recognize that continuances of status

3

conferences are disfavored by this Court, continuing the status

4

conference until July 21, 2014 or later would promote judicial

5

economy and conserve the resources of the Court and Parties.

6

Moving the status conference until after Duarte files a

7

responsive pleading will allow the Parties to more effectively

8

meet and confer, address the scheduling of this case, and file

9

comprehensive status reports for the Court’s consideration.

10

Therefore, the Parties now stipulate and respectfully

11

request that the Court continue the June 23, 2014 status

12

conference until July 21, 2014 or later.

13
Respectfully submitted,

14

PACIFIC LEGAL FOUNDATION

15
16

Dated: May 15, 2014

17
18
19
20
21

s/ Anthony L. François
DAMIEN M. SCHIFF
ANTHONY L. FRANÇOIS
930 G Street
Sacramento, California 95814
[phone] (phone)
[phone] (facsimile)
[e-mail]
ROBERT G. DREHER
Acting Assistant Attorney General

22
23
24
25
26
27
28

Dated: May 15, 2014

s/ John Thomas H. Do
ANDREW J. DOYLE (FL Bar No.84948)
JOHN THOMAS H. DO (CA Bar No. 285075)
Trial Attorneys
United States Department of Justice
Environment and Natural Resources
Division
P.O. Box 7611
Washington, DC 20044
[phone] (phone; Doyle)
Stipulation and Joint Request to
3
Continue Status Conference;
[Proposed] Order

1
2
3

[phone] (phone; Do)
[phone] (facsimile; both)
[e-mail]
[e-mail]

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

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

4

1
ORDER
2
3

Good cause appearing, it is hereby ordered that the status

4

conference set for June 23, 2014, is reset to September 22, 2014

5

at 1:30 p.m. All parties shall file further status reports not

6

later than fourteen days prior to that date.

7
8

DATED: June 2, 2014.

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

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

5