Owner-Operator Independent Drivers Association, Inc. et al v. Corey et al

Filing 25

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 2/5/14 ORDERING that Defendants' Rule 12(b) motion shall be filed on 1/27/14; Plaintiffs opposition to said motion is to be filed on or before 3/27/14; Defendants' reply is to be filed on or before 4/10/14; the hearing on said motion is scheduled for 4/17/14; the joint status report will be due sixty (60) days from the date of the Court's ruling on Defendants' 12(b) motion; and the Rule 26(a) initial disclosures are stayed pending the Court's ruling on the Defendants' motion. (Becknal, R)

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Paul D. Cullen, Sr. (DC Bar #100230) ([e-mail])
Daniel E. Cohen (D.C. Bar # 414985) ([e-mail])
David A. Cohen (D.C. Bar # 481747) ([e-mail])
Paul D. Cullen, Jr. (D.C. Bar # 463759 ([e-mail])
The Cullen Law Firm, PLLC
1101 30th Street, NW, Suite 300
Washington, D.C. 20007
[phone]
Fax [phone]
Lead counsel, appearing pro hac vice

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Brian Leighton, CA BAR #090907
Brian Leighton Law Offices
701 Pollasky Avenue
Clovis, CA 93612
[phone]
Fax [phone]
Email: [e-mail] &
[e-mail]
Local counsel

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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OWNER-OPERATOR INDEPENDENT DRIVERS
ASSOCIATION, INC., DALE L. CURTICE, JR. d/b/a
CURTICE TRUCKING, INC., NELSON
GREENWADE, SR. d/b/a DREAM TEAM EXPRESS
LLC, LANCE HENNING d/b/a LANCE HENNING
TRUCKING, LEO T. JOLIN; BARRY VUN
CANNON d/b/a NACO LLC, JOHNNY WEST,
RICHARD M. HUNTER, and RUSSELL A. SHORT,
Plaintiffs,

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v.
RICHARD W. COREY in his official and personal
capacity as Executive Officer of the California Air
Resources Board; MARY D. NICHOLS; in her
official and personal capacity as Chairman of the
California Air Resources Board; MATT
RODRIQUEZ in his official capacity as Secretary of
the California Environmental Protection Agency,
Defendants.

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CASE NO. 2:14-CV-00186-MCE-AC
STIPULATION CONTINUING
JOINT STATUS REPORT AND
SETTING BRIEFING SCHEDULE
ON DEFENDANTS= RULE 12(b)
MOTION [FED. R. CIV. PROC.
12(b)]; AND ORDER THEREON

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Plaintiffs OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION, INC.,
DALE L. CURTICE, JR. d/b/a CURTICE TRUCKING, INC., NELSON GREENWADE, SR.
d/b/a DREAM TEAM EXPRESS LLC, LANCE HENNING d/b/a LANCE HENNING
TRUCKING, LEO T. JOLIN; BARRY VUN CANNON d/b/a NACO LLC, JOHNNY WEST,
RICHARD M. HUNTER and RUSSELL A. SHORT, and Defendants RICHARD W. COREY in
his official and personal capacity as Executive Officer of the California Air Resources Board;
MARY D. NICHOLS; in her official and personal capacity as Chairman of the California Air
Resources Board; MATT RODRIQUEZ in his official capacity as Secretary of the California
Environmental Protection Agency (collectively Defendants), by and through their counsel of
record, enter into this Stipulation based upon the following facts:
1.

On December 6, 2013, Plaintiffs filed their complaint for declaratory and

injunctive relief in this action in the Eastern District of California, Fresno Division.

The

complaint was served on all of the Defendants on December 9, 2013.
2.

Plaintiffs gave Defendants two separate extensions of time to file a response to the

complaint. The last extension granted Defendants until January 27, 2014 in which to file a
response to the complaint. Defendants had indicated that they intended to file a Rule 12(b)
motion pursuant to Federal Rules of Civil Procedure. On January 27, 2014, Defendants did file
such a motion and it is set for a hearing on April 17, 2014.
3.

On January 16, 2014, Defendants filed a Notice of Related Case alleging that this

case is related to the case of California Dump Truck Owners Association v. Nichols, Case No.
2:11-CV-00384-MCE-GGH.
4.

On January 22, 2014, the Honorable Lawrence J. O’Neil filed an Order to Relate

Actions and to Reassign Judges.
5.

On January 22, 2014, the parties received an Order Requiring Joint Status Report

which stated that the case has been transferred to the Honorable Morrison C. England, Jr.,
Sacramento Division of the Eastern District of California and that the parties are to file a joint
status report within sixty (60) days after service of the complaint.

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6.

The parties have met and conferred regarding this matter and believe that an

extension of time of up to sixty (60) days after the Court issues its ruling on the Defendants’
motion, currently set for a hearing on April 17, 2014, is necessary to file the joint status report.
The parties believe that the Court’s ruling on the Defendants’ motion will promote judicial
economy and narrow the issues regarding the Rule 26(a) initial disclosures and the preparation of
the joint status report.
7.

The parties have further agreed to the following briefing schedule regarding

Defendants= motion: Defendants= motion will be filed on January 27, 2014 (which has now been
filed); Plaintiffs= opposition on March 27, 2014; Defendants= reply on April 10, 2014. The
hearing on said motion is to be held on April 17, 2014.

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STIPULATION
THEREFORE, the parties to this action, through their respective counsel of record,
stipulate as follows:
1.

Defendants will file their Rule 12(b) motion on January 27, 2014.

2.

Plaintiffs’ opposition to said motion is to be filed on or before March 27, 2014.

3.

Defendants= reply is to be filed on or before April 10, 2014. The hearing on said

motion is scheduled for April 17, 2014.
4.

The joint status report will be due sixty (60) days from the date of the Court=s

ruling on Defendants’ 12(b) motion.
5.

The Rule 26(a) initial disclosures will be stayed pending the Court=s ruling on the

Defendants= motion.
DATED: January 28, 2014

Respectfully submitted,
/S/ BRIAN C. LEIGHTON
___________________________________
Brian Leighton
Brian Leighton Law Offices
701 Pollasky Ave.
Clovis, CA 93612
[phone]

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Paul D. Cullen, Sr.
Daniel E. Cohen
David A. Cohen
Paul D. Cullen, Jr.
The Cullen Law Firm, PLLC
1101 30th Street, NW, Suite 300
Washington, D.C. 20007
[phone]

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Attorneys for Plaintiffs

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DATED: January 28, 2014

KAMALA D. HARRIS
Attorney General of California
RANDY L. BARROW
Supervising Deputy Attorney General

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/S/ LINDA GANDARA
______________________________________
Nicholas Stern, State Bar # 148308
Courtney S. Covington, State Bar # 259723
Linda Gandara, State Bar # 194667
Deputy Attorneys General
1300 AI@ Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Defendants

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ORDER
Based on the foregoing Stipulation, IT IS HEREBY ORDERED THAT:
Defendants= Rule 12(b) motion shall be filed on January 27, 2014; Plaintiffs opposition to
said motion is to be filed on or before March 27, 2014; Defendants= reply is to be filed on or
before April 10, 2014; the hearing on said motion is scheduled for April 17, 2014; the joint status
report will be due sixty (60) days from the date of the Court=s ruling on Defendants= 12(b) motion;
and the Rule 26(a) initial disclosures are stayed pending the Court=s ruling on the Defendants=
motion.
IT IS SO ORDERED.

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Dated: February 5, 2014
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