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

Filing 38

STIPULATION AND ORDER signed by Judge Lawrence K. Karlton on 7/8/2014 ORDERING the defendant to respond to the 34 Motion to file a First Supplemental Complaint by 7/24/2014; CONTINUING the Motion Hearing on the 34 Motion to file a First Supplemental Complaint to 8/11/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Michel, G)

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

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DAVID M. IVESTER, Cal. Bar No. 76863
Briscoe Ivester & Bazel LLP
155 Sansome Street, Seventh Floor
San Francisco, California 94104
[phone]
GERALD E. BRUNN, Cal. Bar No. 107004
LAW OFFICES OF BRUNN & FLYNN
928 12th Street, Suite 200
Modesto, California 95354
Telephone: [phone]
Attorneys for the Plaintiffs and Counterclaim-Defendants

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SAM HIRSCH
Acting Assistant Attorney General
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]
Attorneys for the Defendant and Counterclaim-Plaintiff

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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,
v.

No.

STIPULATION TO EXTEND TIME FOR
DEFENDANT TO RESPOND TO
PLAINTIFFS’ MOTION TO FILE FIRST
SUPPLEMENTAL COMPLAINT AND
JOINT REQUEST TO CONTINUE MOTION
HEARING; [ORDER]

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Stipulation and Joint Request;
[Proposed] Order

CIV. S-13-2095 LKK/DAD

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UNITED STATES ARMY CORPS OF
ENGINEERS,

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Defendant.
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UNITED STATES OF AMERICA,

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CounterclaimPlaintiff,

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

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The Parties – i.e., Duarte Nursery, Inc. and John Duarte
(“Duarte”) and the United States of America, on behalf of the
United States Army Corps of Engineers (“United States”)–
stipulate to extend the time for the United States to respond to
Duarte’s motion to file a supplemental Complaint until July 24,
2014 and respectfully request an order from the Court continuing
the noticed hearing until August 11, 2014.

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.

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
Stipulation and Joint Request;
[Proposed] Order

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No. 28. On May 14, 2014 the parties stipulated to extend the

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deadline for Duarte to respond to the United States’ Answer and

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Counterclaim until June 23, 2014.

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ECF No. 29.

On June 23, 2014, Duarte filed an Answer to the Counterclaim

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and filed a Motion to File First Supplement Complaint.

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33-34.

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July 28, 2014.

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and Local Rule 230(c), any response from the United States is

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currently due on July 10, 2014.

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ECF No.

Duarte noticed a hearing on this Court’s calendar for
ECF Nos. 33-36.

Pursuant to Fed. R. Civ. P. 6(d)

Good cause exists for a two-week extension of time for the

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United States to respond to Duarte’s motion to file a

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supplemental complaint.

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lead counsel for the United States was out of the country on

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annual leave.

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States are traveling for the July 4 holiday weekend.

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the deadline to respond to Duarte’s motion until July 24, 2014

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will provide the United States adequate time to consider Duarte’s

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motion, draft any response, and coordinate with the United States

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Army Corps of Engineers and other components of the United States

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to finalize a response.

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At the time Duarte filed its motion,

Further, both of the attorneys for the United
Extending

Further, Duarte does not object to this extension, and no

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party will be prejudiced by this brief extension of time.

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rescheduling the motion hearing to August 11, 2014, Duarte will

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be able to file any reply with the Court well in advance of the

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hearing.

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By

Therefore, the Parties now stipulate to extend the time for

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the United States to respond to Duarte’s motion to file a

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supplemental Complaint until July 24, 2014 and respectfully
Stipulation and Joint Request;
[Proposed] Order

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request that the Court continue the July 28, 2014 hearing until

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August 11, 2014.

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Respectfully submitted,

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PACIFIC LEGAL FOUNDATION

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Dated: July 3, 2014

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

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Dated: July 3, 2014

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

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Stipulation and Joint Request;
[Proposed] Order

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ORDER

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Good cause appearing, Defendant shall have until July 24,

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2014 to respond to Plaintiffs’ Motion to File First Supplemental

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Complaint. Further, it is hereby ordered that the motion hearing

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noticed for July 28, 2014 is rescheduled to August 11, 2014.

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IT IS SO ORDERED.

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DATED:

July 8, 2014.

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Stipulation and Joint Request;
[Proposed] Order

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