Upper South East Communities Coalition v. US Army Corps of Engineers et al

Filing 19

ORDER 15 for Shortening Time of Hearing signed by Judge John A. Mendez on 5/15/2015. Plaintiff's 5 Motion for Preliminary Injunction Hearing is RE-SET for 6/3/2015 at 9:30 AM in Courtroom 6 (JAM). Defendants' and defendant intervenor's Responses or Oppositions and supporting papers shall befiled and served no later than 5/20/2015. Plaintiff's Reply and supporting papers shall be filed and served no later than 5/25/2015. (Marciel, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 UPPER SOUTH EAST COMMUNITIES
COALITION,
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Plaintiff,
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v.
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U.S. ARMY CORPS OF ENGINEERS;
15 LT. GEN. THOMAS P. BOSTICK, in his
official capacity, Chief of Engineers and
16 Commanding General, U.S. Army Corps of
Engineers; COL. MICHAEL J. FARRELL,
17 in his official capacity, District
Commander, Sacramento District, U.S.
18 Army Corps of Engineers; and MICHAEL
S. JEWELL Chief, Regulatory Division,
19 Sacramento District, U.S. Army Corps of
Engineers.
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Defendants.
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REGIONAL TRANSPORTATION
22 COMMISSION OF WASHOE COUNTY,
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Case No. 2:15-cv-00930-JAM-DAD
ORDER SHORTENING TIME FOR
HEARING ON PLAINTIFF’S
MOTION FOR PRELIMINARY
INJUNCTION

Intervenor Defendant.

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[PROPOSED] ORDER SHORTENING TIME FOR HEARING ON MOTION FOR PRELIMINARY INJUNCTION
CASE NO. 2:15-cv-00930-JAM-DAD

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TO ALL PARTIES:

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1.

On April 29, 2015, Plaintiff Upper Southeast Communities Coalition (“Plaintiff”)

3 filed the instant action, challenging the actions of Defendants U.S. Army Corps of Engineers et
4 al. (“Defendants”) under the Federal Water Pollution Control Act, commonly referred to as the
5 Clean Water Act (“CWA”), 33 U.S.C. § 1251 et seq.; the National Environmental Policy Act, 42
6 U.S.C. § 4321 et seq. (“NEPA”); the Administrative Procedure Act, 5 U.S.C. § 701 et seq.
7 (“APA”); and the CWA and NEPA implementing regulations;
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2.

On May 6, 2015, Plaintiff filed a motion for preliminary injunction, and reserved

9 June 17, 2015 as the next available, regular civil motion hearing date;
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3.

On May 15, 2015, pursuant to Local rule 144(e), Plaintiff, Defendants, and

11 Defendant Intervenor Regional Transportation Commission of Washoe County conferred and
12 Plaintiff filed an Unopposed Application for Order Shortening Time for Hearing on Plaintiff’s
13 Motion for Preliminary Injunction, and a stipulation and declaration in support thereof, in which
14 Plaintiff requested that this Court hear Plaintiff’s motion for preliminary injunction on June 1, or
15 as soon thereafter as is convenient for the Court. Neither Defendants nor Defendant Intervenor
16 opposes Plaintiff’s motion;
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4.

The Court finding good cause, Plaintiff’s Application for Order Shortening Time

18 for Hearing on Plaintiff’s Motion for Preliminary Injunction is GRANTED.
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THEREFORE IT IS ORDERED AS FOLLOWS: Plaintiff’s motion for

20 preliminary injunction shall be heard at 9:30 a.m. on June 3, 2015, in Courtroom 6 of the
21 Robert T. Matsui United States Courthouse, 501 I Street, Sacramento, CA 95814, 14th floor.
22 Defendants’ and Defendant Intervenor’s responses or oppositions and supporting papers shall be
23 filed and served no later than May 20, 2015. Plaintiff’s reply and supporting papers shall be
24 filed and served no later than May 26, 2015.
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IT IS SO ORDERED.

26 DATED: 5/15/2015
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/s/ John A. Mendez__________

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HON. JOHN A. MENDEZ
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[PROPOSED] ORDER SHORTENING TIME FOR HEARING ON MOTION FOR PRELIMINARY INJUNCTION
CASE NO. 2:15-cv-00930-JAM-DAD