Murphy v. United States Forest Service, et al.

Filing 88

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 4/25/16 GRANTING the parties' request to continue the STAY of proceedings in the case until 4/27/16. A further status report is due on or before 4/26/16. (Jackson, T) Modified on 4/26/2016 (Krueger, M).

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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 REGARDING
THE STAY OF PROCEEDINGS TO
CONCLUDE SETTLEMENT EFFORTS;
STIPULATION AND ORDER

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On April 1, 2016, this Court granted the parties’ request to continue the stay of proceedings in

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this case until April 25, 2016, and directed the parties to submit a further joint status report on or before

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April 22, 2016.

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The parties have continued to make significant progress to resolve this action and believe that

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they may soon be able to reach a final agreement on all material terms. Therefore, the parties hereby

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stipulate, subject to approval of the Court, to continue the stay of proceedings for an additional 2 days –

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from April 25, 2016, to April 27, 2016.

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The parties shall provide a status report to the Court on or before April 26, 2016, advising the
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Court of the status of the case. If the parties are unable to conclude the matter within the time period,
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they shall advise the Court of their proposal going forward, which would likely include a new hearing
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date and briefing schedule on the pending motion, as well as other deadlines. If the parties reach an
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agreement in principle, they will so advise the Court in keeping with the provisions of Local Rule 160.
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STATUS REPORT & STIPULATION AND ORDER TO CONTINUE 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: April 22, 2016
By

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/s/ Paul S. Weiland (auth. April 22, 2016)
PAUL WEILAND
Attorney for Plaintiff

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DATED: April 22, 2016

BENJAMIN B. WAGNER
United States Attorney

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By:

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

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STATUS REPORT & STIPULATION AND ORDER TO CONTINUE STAY

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IT IS SO ORDERED.

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Dated: April 25, 2016

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Troy L. Nunley
United States District Judge

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STATUS REPORT & STIPULATION AND ORDER TO CONTINUE STAY

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