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

Filing 40

ORDER signed by Judge Lawrence K. Karlton on 8/6/2014 ORDERING 34 Plaintiffs' Motion to file first supplemental complaint; without prejudice to the United States' right to answer or otherwise respond to the first supplemental complaint, the unopposed motion is GRANTED. Further, the motion hearing noticed for 8/11/2014 is VACATED. (Reader, L)

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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.

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

No.

CIV. S-13-2095 LKK/DAD

UNITED STATES’ STATEMENT OF NONOPPOSITION TO PLAINTIFFS’ MOTION
TO FILE FIRST SUPPLEMENTAL
COMPLAINT; ORDER

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Pursuant to Civil Local Rule 230(c), the United States of

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America (“United States”) hereby notifies the Court and

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Plaintiffs and Counterclaim-Defendants Duarte Nursery, Inc. and

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John Duarte (“Duarte”) that the United States does not oppose

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the relief requested by Duarte’s Motion to File First

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Supplemental Complaint. The United States, however, reserves all

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rights to answer or otherwise respond to any supplemental or

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amended complaint that the Court grants leave for Duarte to

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file. Such response may include a motion under Rule 12 of the

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Federal Rules of Civil Procedure.
The parties agree that the hearing scheduled for August

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11, 2014 is unnecessary, and further agree that it should be

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vacated if the Court concludes that the motion may be disposed

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of without a hearing.

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Respectfully submitted,

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Dated: July 24, 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)
[phone] (phone; Do)
[phone] (facsimile; both)
[e-mail]
[e-mail]

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United States’ Statement of NonOpposition to Plaintiffs’
Motion; [Proposed] Order

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ORDER
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Before the Court is Plaintiffs’ Motion to File First

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Supplemental Complaint.

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right to answer or otherwise respond to the First Supplemental

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Complaint, the unopposed motion is granted.

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hearing noticed for August 11, 2014 is vacated.

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Without prejudice to the United States’

IT IS SO ORDERED.

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DATED: August 6, 2014.

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United States’ Statement of NonOpposition to Plaintiffs’
Motion; [Proposed] Order

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Further, the motion