Murphy v. United States Forest Service, et al.

Filing 82

STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 2/23/2016 ORDERING that the defendants' Cross-Motion/Opposition to 67 Motion for Summary Judgment be filed by 3/8/2016; ORDERING that the plaintiff's Reply/Opposition be filed by 4/4/2016; ORDERING that the defendants' reply be filed by 4/14/2016; CONTINUING the hearing on 67 Motion for Summary Judgment to 4/21/2016 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Michel, G.)

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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
REVISED AND SUPERSEDING
STIPULATION AND ORDER TO
CONTINUE BRIEFING SCHEDULE ON
SUMMARY JUDGMENT

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The parties have continued attempts at resolution and are down to two key terms, and request a

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continuance in the hearing date and briefing schedule regarding the pending motion for summary

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judgment so that they may continue to attempt resolution. This stipulation and proposed order

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supersedes and is meant to replace the stipulation and proposed order lodged Friday, February 19, 2016,

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and reflects further communications of the parties today. Thus, the parties hereby stipulate to, and seek

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an order from this Court, continuing the briefing schedule as follows.

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Event
Defendants’ Opposition and
Cross-Motion

Current Date
February 22, 2016

Proposed Date
March 8, 2016

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Plaintiff’s Reply and Opposition March 21, 2016

April 4, 2016

Defendants’ Reply

April 14, 2016

April 1, 2016

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The parties also stipulate to, and propose continuing the current hearing date of April 7, 2016, at 2 p.m.,

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to April 21, 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: February 22, 2016

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By

/s/ Paul S. Weiland (auth. Feb 22, 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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Dated: February 23, 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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