Association of American Railroads et al v. California Office of Spill Prevention and Response et al

Filing 21

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 11/14/14 ORDERING that defendants' 18 Motion to Dismiss shall be heard on 1/15/2015 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. Plaintiffs shall file their opposition to the motion to dismiss before 12/5/14, and defendants shall file their reply to plaintiffs' opposition on or before 12/19/14. (Kastilahn, A)

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LATHAM & WATKINS LLP
Timothy L. O’Mara (Bar No. 212731)
Andrew M. Gass (Bar No. 259694)
505 Montgomery Street, Suite 2000
San Francisco, California 94111-6538
Telephone: [phone]
Facsimile: +1.415.395.8095
Email Tim.O’[e-mail]
Email: [e-mail]
Maureen E. Mahoney (admitted pro hac vice)
555 Eleventh Street NW, Suite 1000
Washington, D.C. 20004-1304
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Plaintiff
UNION PACIFIC RAILROAD COMPANY

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[Co-Counsel listed on signature page]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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ASSOCIATION OF AMERICAN
RAILROADS, UNION PACIFIC RAILROAD
COMPANY, AND BNSF RAILWAY
COMPANY,

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Plaintiffs,

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CASE NO. 2:14-cv-02354-TLN-CKD
STIPULATION RE SCHEDULE FOR
DEFENDANTS’ MOTION TO DISMISS
PLAINTIFFS’ COMPLAINT FOR
INJUNCTIVE AND DECLARATORY
RELIEF; ORDER

v.
Judge: The Honorable Troy L. Nunley
CALIFORNIA OFFICE OF SPILL
PREVENTION AND RESPONSE, THOMAS
M. CULLEN, JR., CALIFORNIA
ADMINISTRATOR FOR OIL SPILL
RESPONSE, in his official capacity, AND
KAMALA D. HARRIS, ATTORNEY
GENERAL OF THE STATE OF
CALIFORNIA, in her official capacity,
Defendants.

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ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION RE SCHEDULE FOR
DEFENDANTS’ MTD;ORDER
CASE NO. 2:14-cv-02354-TLN-CKD

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Plaintiffs ASSOCIATION OF AMERICAN RAILROADS, UNION PACIFIC RAILROAD

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COMPANY, and BNSF RAILWAY COMPANY (collectively, Plaintiffs) and defendants

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CALIFORNIA OFFICE OF SPILL PREVENTION AND RESPONSE (OSPR), THOMAS M.

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CULLEN, JR., CALIFORNIA ADMINISTRATOR FOR OIL SPILL RESPONSE, in his official

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capacity, and KAMALA D. HARRIS, ATTORNEY GENERAL OF THE STATE OF

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CALIFORNIA, in her official capacity (collectively, Defendants), by and through their counsel of

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record, enter into the stipulation below based upon the following facts:

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1.
Relief.

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On October 7, 2014, Plaintiffs filed their Complaint for Injunctive and Declaratory

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On October 10, 2014, Plaintiffs filed a Motion for Preliminary Injunction (PI

Motion).

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4.

On October 29, 2014, Defendants submitted to this Court a Stipulation Regarding the

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Schedule for Plaintiffs’ Motion for Preliminary Injunction, which states in relevant part that,

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subject to the Court’s approval, the parties agree (a) to reschedule the hearing on Plaintiffs’ PI

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Motion to January 15, 2015 at 2:00 p.m., or as soon thereafter as the Court is available; (b) that

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Defendants shall file their opposition to the PI Motion on or before December 5, 2014; and (c)

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that Plaintiffs’ shall file their reply brief regarding the PI Motion on or before December 19,

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2014.

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5.

On October 30, 2014, Defendants filed a Motion to Dismiss Plaintiffs’ Complaint for

Injunctive and Declaratory Relief (MTD).
6.

On October 31, 2014, Plaintiffs’ counsel contacted Defendants’ counsel regarding the

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briefing schedule and hearing date for the MTD. Plaintiffs’ counsel proposed that the briefing

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schedule for the MTD be adjusted to match the briefing schedule for Plaintiffs’ PI Motion and

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that the hearing for the MTD be consolidated with the proposed PI hearing on January 15, 2015.

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7.

Defendants’ counsel so agreed.

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8.

The parties have thus met and conferred and have stipulated, subject to the Court’s

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approval, to reschedule the hearing on the MTD (currently calendared for December 11, 2014) to

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ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION RE SCHEDULE FOR
DEFENDANTS’ MTD;ORDER
CASE NO. 2:14-cv-02354-TLN-CKD

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January 15, 2015 at 2:00 p.m., or as soon thereafter as the Court shall hear the PI Motion, and to

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revise the MTD briefing schedule as set forth below.

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STIPULATION

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IT IS HEREBY STIPULATED therefore, by and between the parties to this action, through

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their respective counsel of record, subject to court order, that Defendants’ MTD will be subject to

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the following schedule:

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1.

The MTD hearing currently scheduled for December 11, 2014 will be consolidated

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with the hearing on Plaintiffs’ PI Motion and heard on January 15, 2015 at 2:00 p.m., or as soon

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thereafter as the Court shall hear the PI Motion.

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2.

Plaintiffs shall file their opposition to the MTD on or before December 5, 2014.

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3.

Defendants shall file their reply to the MTD on or before December 19, 2014.

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Dated: November 4, 2014

Respectfully submitted,
LATHAM & WATKINS LLP
Maureen E. Mahoney
Timothy L. O’Mara
Andrew M. Gass

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/s/ Timothy L. O’Mara
Timothy L. O’Mara
Attorneys for Plaintiffs
Union Pacific Railroad Company

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Melissa B. Hagan (Bar No. 297408)
Union Pacific Railroad Company
13181 Crossroads Pkwy. N.
City of Industry, CA 91746
Telephone: [phone]

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Co-Counsel for Plaintiff Union Pacific Railroad Company

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Louis P. Warchot II (CA Bar No. 58567)
Association of American Railroads
425 3rd Street SW, Suite 1000
Washington, DC 20024
Telephone: [phone]
Counsel for Plaintiff Association of American Railroads

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ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION RE SCHEDULE FOR
DEFENDANTS’ MTD;ORDER
CASE NO. 2:14-cv-02354-TLN-CKD

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Jacob D. Flesher (Bar No. 210565)
Jeremy J. Schroeder (Bar No. 223118)
Flesher McKague LLP
2202 Plaza Dr.
Rocklin, CA 95765
Telephone: [phone]

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Counsel for Plaintiff BNSF Railway Company
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Dated: November 4, 2014
Kamala D. Harris
Attorney General of California
Randy L. Barrow
Supervising Deputy Attorney General

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/s/ Nicholas C. Stern (as authorized on 11/4/2014)
Nicholas C. Stern
Deputy Attorney General
Attorneys for Defendants
California Office of Oil Spill Prevention and
Response,Thomas M. Cullen, Jr., California
Administrator for Oil Spill Response, and Kamala
D. Harris, Attorney General of the State of
California

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ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION RE SCHEDULE FOR
DEFENDANTS’ MTD;ORDER
CASE NO. 2:14-cv-02354-TLN-CKD

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ORDER
Based on the foregoing Stipulation and recitals, Defendants’ Motion to Dismiss Plaintiffs’

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Complaint for Injunctive and Declaratory Relief (MTD) shall be heard on January 15, 2015 at

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2:00 p.m. in Courtroom 2 on the 15th Floor. Plaintiffs shall file their opposition to the MTD on

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or before December 5, 2014. Defendants shall file their reply to Plaintiffs’ opposition on or

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before December 19, 2014.

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IT IS SO ORDERED.

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Dated: November 14, 2014

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Troy L. Nunley
United States District Judge

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ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION RE SCHEDULE FOR
DEFENDANTS’ MTD;ORDER
CASE NO. 2:14-cv-02354-TLN-CKD