Burney et al v. Secretary of the U.S. Department of the Interior

Filing 17

ORDER signed by Chief Judge Morrison C. England, Jr on 7/28/14 ORDERING that the hearing noticed for 2:00 p.m. on 8/7/14 13 is RESCHEDULED for 8/21/2014 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.(Mena-Sanchez, L)

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SAM HIRSCH
Acting Assistant Attorney General
Environment and Natural Resources Division
E. BARRETT ATWOOD (CA Bar No. 291181;
DC Bar No. 478539)
Trial Attorney
U.S. Department of Justice
Environment and Natural Resources Division
Natural Resources Section
301 Howard St. Ste. 1050
San Francisco, CA 94105
Tel: [phone]/Fax: [phone]
Email: [e-mail]

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WILLIAM J. SHAPIRO (CO Bar No. 30929)
Senior Attorney
U.S. Department of Justice
Environment and Natural Resources Division
Natural Resources Section
501 “I” Street, Suite 9-700
Sacramento, CA 95814
Tel: [phone]/Fax: [phone]
Email: [e-mail]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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JAMES BURNEY AND KATHERINE F.
BURNEY, AS TRUSTEES OF THE BURNEY
FAMILY TRUST DATED MAY 29, 1990,
Plaintiffs,

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v.
SECRETARY OF THE UNITED STATES
DEPARTMENT OF THE INTERIOR, et al.,

Case No. 2:13-cv-02586-MCE-CKD
STIPULATION RE: EXTENSION
OF TIME TO FILE REPLY
BRIEF AND REQUEST TO
RESCHEDULE HEARING AND
ORDER

Defendants.

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Civil No. 2:13-cv-02586-MCE-CKD
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Stipulation and Order re: Extension of Time to File Reply and Request to Reschedule Hearing

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Plaintiffs James Burney and Katherine F. Burney, as Trustees of the Burney Family Trust
dated May 29, 1990 (“Plaintiffs”), and Defendants the United States of America, the United
States Department of the Interior, and the Secretary of the Interior, in her official capacity,
(“Defendants”), having conferred through undersigned counsel, respectfully submit this

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Stipulation and [Proposed] Order to: (1) extend the time for Defendants to file their reply brief

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in response to Plaintiffs’ Opposition to Motion to Dismiss Amended Complaint (ECF No. 15) by

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seven (7) days to and including August 7, 2014; and (2) respectfully request the Court to

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reschedule the hearing presently noticed for 2 p.m. on August 7, 2014, to a date and time to be
determined by the Court.
Accordingly, Plaintiffs and Defendants respectfully request that this Court approve this
Stipulation through the [Proposed] Order below.

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Dated: July 25, 2014

Respectfully submitted,

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LAW OFFICES OF MARK A. WASER

SAM HIRSCH
Acting Assistant Attorney General
Environment and Natural Resources Division

/s/Mark A. Wasser
MARK A. WASSER
400 Capitol Mall, Suite 2640
Sacramento, California 95814
Phone: [phone]
Fax: [phone]
Email: [e-mail]

/s/ E. Barrett Atwood
E. BARRETT ATWOOD (CA Bar No.
291181; DC Bar No. 478539)
Trial Attorney
U.S. Department of Justice
Environment and Natural Resources Division
Natural Resources Section
301 Howard St. Ste. 1050
San Francisco, CA 94105
Tel: [phone]/Fax: [phone]
Email: [e-mail]

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Attorneys for Plaintiffs

WILLIAM J. SHAPIRO (CO Bar No. 30929)
Civil No. 2:13-cv-02586-MCE-CKD
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Stipulation and Order re: Extension of Time to File Reply and Request to Reschedule Hearing

Senior Attorney
U.S. Department of Justice
Environment and Natural Resources Division
Natural Resources Section
501 “I” Street, Suite 9-700
Sacramento, CA 95814
Tel: [phone]/ Fax: [phone]
Email: [e-mail]

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Attorneys for Defendant

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ORDER

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Good cause having been shown, the Stipulation is APPROVED. The Court reschedules
the hearing noticed for 2 p.m. on August 7, 2014, to August 21, 2014, at 2:00 p.m.
IT IS SO ORDERED.
Dated: July 28, 2014

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Civil No. 2:13-cv-02586-MCE-CKD
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Stipulation and Order re: Extension of Time to File Reply and Request to Reschedule Hearing