Murphy v. United States Forest Service, et al.

Filing 84

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 3/7/2016 ORDERING hearing date for the pending motion for summary judgment is VACATED; Stay this case for 30 days, up to and including 4/4/2016, so that the parties can reach a resolution in this matter; and Provide for a status report to be filed on or before 4/1/2016, advising the Court of the status of the case. CASE STAYED(Reader, L)

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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
STIPULATION AND ORDER FOR 30DAY STAY TO CONCLUDE
SETTLEMENT EFFORTS

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For some time, the parties have been actively engaged in settlement efforts. It now appears that

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the parties are close to reaching resolution, and they wish to dedicate their efforts to reaching an

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agreement in the next 30 days, rather than responding to the pending summary judgment motions.

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Therefore, the parties hereby stipulate to, and seek an order from this Court, to

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1.

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2. Stay this case for 30 days, up to and including April 4, 2016, so that the parties can reach a

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Vacate the April 21, 2016, hearing date for the pending motion for summary judgment;

resolution in this matter; and
3. Provide for a status report to be filed on or before April 1, 2016, advising the Court of the
status of the case.

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If the parties are unable to conclude the matter within the time period, they shall advise the Court of

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their proposal going forward, which would likely include a new hearing date and briefing schedule on

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the pending motion, as well as other deadlines. If the parties reach an agreement in principle, they will

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so advise the Court in keeping with the provisions of Local Rule 160.

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STIPULATION AND ORDER RE STAY

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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: March 3, 2016

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By

/s/ Paul S. Weiland (auth. March 3, 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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IT IS SO ORDERED.

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Dated: March 7, 2016

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Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER RE STAY

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