Murphy v. United States Forest Service, et al.

Filing 75

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 01/19/16 ORDERING that the briefing schedule for the 67 Motion for Summary Judgment is CONTINUED as follows: defendants' Opposition and Cross-Motion due 02/08/16; plaintiff's Reply and Opposition due 03/07/16 and defendants' Reply due 03/17/16. The 03/24/16 hearing at 2:00 p.m. remains. (Benson, A)

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BENJAMIN B. WAGNER
United States Attorney
GREGORY T. BRODERICK
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DENNIS D. MURPHY
Plaintiff,
v.
UNITED STATES FOREST SERVICE;
TOM TIDWELL, in his official capacity as
Chief of the United States Forest Service;
and NANCY J. GIBSON, in her official
capacity as Forest Supervisor of the United
States Forest Service,
Defendants

CASE NO. 13-cv-02315-TLN-AC
JOINT STATUS REPORT AND
STIPULATION AND ORDER TO
CONTINUE BRIEFING SCHEDULE ON
SUMMARY JUDGMENT

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The parties note for the Court, in light of the fact that this matter was recently re-assigned (Dkt.

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No. 72), that pending are a fully briefed motion to supplement (Dkt. Nos. 60, 63, and 64) and motion to

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dismiss (Dkt. Nos. 61, 62, and 65). Further, because counsel for the United States will be in trial

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January 25 through February 3, 2016, and in consideration of the fact that the Court recently reset

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hearing on the cross motions for summary judgment (Dkt. No. 73), the parties hereby stipulate to, and

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seek an order from this Court, continuing the briefing schedule on the pending motions for summary

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judgment as set forth below.

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Event
Defendants’ Opposition and
Cross-Motion

Current Date
January 21, 2016

Proposed Date
February 8, 2016

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Plaintiff’s Reply and Opposition February 11, 2016

March 7, 2016

Defendants’ Reply

March 17, 2016

February 29, 2016

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The parties do not propose any change in the current hearing date of March 24, 2016, at 2 p.m.

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STIPULATION AND ORDER TO CONTINUE BRIEFING SCHEDULE

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The parties further note that the Forest Service halted the Project some time ago (though there is

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a dispute regarding the ongoing environmental impacts of previously implemented Project actions) and

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authorization for the challenged Project has been withdrawn. There is thus good cause for the

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continuance, and the Court should grant it.

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Respectfully submitted,

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DATED: January 19, 2016

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By

/s/ Paul S. Weiland (auth. Jan. 16, 2016)
Attorney for Plaintiff

By:

BENJAMIN B. WAGNER
United States Attorney
/s/ Gregory T. Broderick
GREGORY T. BRODERICK
Assistant United States Attorney

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STIPULATION AND ORDER TO CONTINUE BRIEFING SCHEDULE

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IT IS SO ORDERED.

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Date: January 19, 2016

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Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER TO CONTINUE BRIEFING SCHEDULE

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