Murphy v. United States Forest Service, et al.

Filing 37

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 8/8/2014 ORDERING Claims 5-7 in the Second Amended Complaint in the above captioned action are dismissed without prejudice, pursuant to Fed. R. Civ. P. 41(a). Plaintiff reserves the rig ht to seek an award of costs of litigation pursuant to section 11 of the ESA and applicable case law.Defendants reserve the right to contest whether Plaintiff is eligible for an award of costs of litigation and, if so, to what extent.The Court retains jurisdiction both with respect to Plaintiffs remaining claims and, to the extent necessary, in order to resolve a dispute regarding an award of costs of litigation.(Waggoner, D)

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MELISSA A. JONES (SB #205576)
[e-mail]
BAO M. VU (SB #277970)
[e-mail]
STOEL RIVES LLP
500 Capitol Mall, Suite 1600
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
COOPERATIVE REGIONS OF ORGANIC
PRODUCER POOLS

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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COOPERATIVE REGIONS OF ORGANIC
PRODUCER POOLS, a Wisconsin Stock
Cooperative,

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Plaintiff,
v.

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JOINT STIPULATION TO MODIFY
BRIEFING SCHEDULE ON
PLAINTIFF’S MOTION FOR
PRELIMINARY INJUNCTION;
[PROPOSED] ORDER

STUEVE’S CERTIFIED ORGANIC DAIRY, a
California business entity of unknown form;
LLOYD L. STUEVE, individually and doing
business as Stueve’s Certified Organic Dairy;
GAGE STUEVE, individually and doing
business as Stueve’s Certified Organic Dairy;
and DOES 1 through 50, inclusive,

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Case No. 1:14-cv-01123-GEB-SKO

Defendants.

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S TOE L R IVES LLP
ATTO RNEY S AT LAW
SACRA M E NT O

JOINT STIPULATION TO MODIFY BRIEFING
SCHEDULE ON MOTION FOR PRELIMINARY
INJUNCTION; [PROPOSED] ORDER
76873707.1 0039160-00012

Case No. 1:14-cv-01123-GEB-SKO

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JOINT STIPULATION TO MODIFY BRIEFING SCHEDULE ON PLAINTIFF’S
MOTION FOR PRELIMINARY INJUNCTION
TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE THAT Plaintiff Cooperative Regions of Organic Producer

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Pools (“CROPP Cooperative”) and Defendants Stueve’s Certified Organic Dairy, Lloyd L.

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Stueve, and Gage Stueve (collectively, “Defendants”) respectfully submit this Joint Stipulation

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To Modify Briefing Schedule On Plaintiff’s Motion For Preliminary Injunction (“Joint

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Stipulation”). This Stipulation is submitted pursuant to Local Rules of the United States District

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Court for the Eastern District of California, Rules 143 and 144.

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CROPP Cooperative and Defendants hereby Stipulate and agree as follows:

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Whereas, on July 16, 2014, CROPP Cooperative filed the Verified Complaint in this

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action. (Dkt. No. 1.)
Whereas, on July 24, 2014, CROPP Cooperative filed an Ex Parte Application For A
Temporary Restraining Order and Order To Show Cause re Preliminary Injunction. (Dkt. No. 7.)
Whereas, on August 5, 2014, CROPP Cooperative filed an Ex Parte Application For

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Order Shortening Time, seeking “shorten[ed] time for further briefing and the hearing” on its

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Motion for Preliminary Injunction, which it seeks to have heard expeditiously. (Dkt. No. 15.)

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S TOE L R IVES LLP
ATTO RNEY S AT LAW
SACRA M E NT O

Whereas, on August 5, 2014, the Court issued an Order granting CROPP Cooperative’s
Ex Parte Application For Order Shortening Time, ordering, among other things, as follows:
1. Plaintiff’s ex parte application for a temporary restraining order and
order to show cause re preliminary injunction and its supporting papers, which
includes the papers filed on 8/5/2014, shall be considered on an expedited basis as
a motion for a preliminary injunction. (Dkt. Nos. 7, 15.)
2. Defendants shall file opposition papers, if any, on or before 12:00 p.m.
on Monday, August 11, 2014.
3. CROPP Cooperative shall file reply papers, if any, on or before 12:00
p.m. on Wednesday, August 13, 2014.
4. A hearing on this matter is scheduled to commence at 9:00 a.m. on
Wednesday, August 20, 2014.
(Dkt. No. 16, p. 2:3-2:13.)
JOINT STIPULATION TO MODIFY BRIEFING
SCHEDULE ON MOTION FOR PRELIMINARY
INJUNCTION; [PROPOSED] ORDER
76873707.1 0039160-00012

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Case No. 1:14-cv-01123-GEB-SKO

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Whereas, on August 7, 2014, Defendants filed a letter with the Court seeking certain
relief. (Dkt. No. 19.)
Whereas, Defendants do not intend to withdraw their letter of August 7, 2014 by this Joint
Stipulation. (Dkt. No. 19.)
Whereas, CROPP Cooperative expressly objects to Defendants’ letter of August 7, 2014

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as an improper filing that does not meet the requirements of the applicable Federal Rules of Civil

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Procedure and Local Rules.

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Whereas, CROPP Cooperative and Defendants intend to engage in settlement discussions
and therefore agree that modification of the briefing schedule in the Court’s August 5, 2014 Order
is appropriate.

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Based on the foregoing, CROPP Cooperative and Defendants, by and through their

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undersigned counsel, stipulate and agree to a request for an Order modifying the briefing schedule

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in the Court’s Order of August 5, 2014 as follows:

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Defendants shall file opposition papers, if any, on or before 12:00 p.m. on
Friday, August 15, 2014.

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CROPP Cooperative shall file reply papers, if any, on or before 12:00 p.m.
on Monday, August 18, 2014.
A hearing on CROPP Cooperative’s Motion for Preliminary Injunction
(Dkt. Nos. 7, 15) shall be commenced at 9:00 a.m. on Wednesday, August
20, 2014.
Assuming it is convenient for the Court, CROPP Cooperative and Defendants respectfully

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request that the Court adopt this modified briefing schedule as the Order of the Court.
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[signatures on the following pages]
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S TOE L R IVES LLP
ATTO RNEY S AT LAW
SACRA M E NT O

JOINT STIPULATION TO MODIFY BRIEFING
SCHEDULE ON MOTION FOR PRELIMINARY
INJUNCTION; [PROPOSED] ORDER
76873707.1 0039160-00012

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Case No. 1:14-cv-01123-GEB-SKO

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Dated: August 8, 2014
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STOEL RIVES LLP
By: /s/ Melissa A. Jones
MELISSA A. JONES
BAO M. VU
Attorneys for Plaintiff COOPERATIVE
REGIONS OF PRODUCER POOLS

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Dated: August 8, 2014

QIAN & NEMECEK

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By: /s/ David P. Nemecek
(as authorized on August 8, 2014)
DAVID P. NEMECEK, JR.
Attorneys for Defendants STUEVE’S
CERTIFIED ORGANIC DAIRY; LLOYD
L. STUVE; and GAGE STUEVE

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S TOE L R IVES LLP
ATTO RNEY S AT LAW
SACRA M E NT O

JOINT STIPULATION TO MODIFY BRIEFING
SCHEDULE ON MOTION FOR PRELIMINARY
INJUNCTION; [PROPOSED] ORDER
76873707.1 0039160-00012

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Case No. 1:14-cv-01123-GEB-SKO

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[PROPOSED] ORDER
Upon review of the Joint Stipulation, and for good cause appearing, the Court GRANTS

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CROPP Cooperative and Defendants’ request. The Court’s August 5, 2014 Order is hereby

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modified as follows, and only as follows:

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Defendants shall file opposition papers, if any, on or before 12:00 p.m. on
Friday, August 15, 2014.

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CROPP Cooperative shall file reply papers, if any, on or before 12:00 p.m.
on Monday, August 18, 2014.
A hearing on CROPP Cooperative’s Motion for Preliminary Injunction
(Dkt. Nos. 7, 15) shall be commenced at 9:00 a.m. on Wednesday, August
20, 2014.
IT IS SO ORDERED.

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Dated: August 8, 2014

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S TOE L R IVES LLP
ATTO RNEY S AT LAW
SACRA M E NT O

JOINT STIPULATION TO MODIFY BRIEFING
SCHEDULE ON MOTION FOR PRELIMINARY
INJUNCTION; [PROPOSED] ORDER
76873707.1 0039160-00012

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Case No. 1:14-cv-01123-GEB-SKO