United States of America v. LaPant et al

Filing 157

SEVENTH STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 11/30/2020 AMENDING the schedule as follows: Reply briefs associated with cross motions for summary judgment (ECF Nos. 113 and 121 are now due 1/15/2021. The hearing date for the cross motions for summary judgment is RESET for 1/22/2021, at 10:00 a.m. in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. The Joint Pretrial Statement REMAINS due on 2/5/20201. (Tupolo, A)

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CANNATA, O’TOOLE, FICKES & OLSON
THERESE Y. CANNATA
MARK P. FICKES
ZACHARY E. COLBETH
100 Pine Street, Suite 350
San Francisco, CA 94111
Telephone: [phone] / Fax: [phone]

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Attorneys for Defendant Roger J. LaPant, Jr.

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ANDREW J. DOYLE
JOHN THOMAS H. DO
ANDREW S. COGHLAN
United States Department of Justice
Environmental and Natural Resources Division
P.O. Box 7611
Washington, DC 20044
Telephone: [phone] / Fax: [phone]

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Attorneys for Plaintiff United States

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
Plaintiff,
v.
ROGER J. LAPANT, JR., et al.,
Defendants.

Case No. 2:16-cv-01498-KJM-DB
SEVENTH STIPULATION AND
ORDER FOR EXTENSION
OF DEADLINES AND S.J. HEARING

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Stipulation and O for Extension of Deadlines

Case No. 2:16-cv-01498-KJM-DB

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Plaintiff United States of America and Defendant Roger J. LaPant, Jr. have met and

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conferred and hereby stipulate and propose for the Court’s approval an extension of deadlines

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and the summary judgment hearing date. Specifically:

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Honorable Kendall J. Newman, United States Magistrate Judge, for settlement conferences.

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2.

Since the most recent settlement conference on September 23, the parties have

made substantial progress.

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Beginning February 12, 2020, the parties have been appearing before The

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Indeed, the parties have completed all substantive edits to a draft proposed

consent decree and settlement agreement and are finalizing the last remaining edits to the

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accompanying (highly technical) appendices.
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4.

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Currently, as set forth in the Minute Order dated October 16, 2020 (ECF No.

154), reply briefs associated with cross motions for summary judgment (ECF Nos. 113 & 121)
are due November 24, 2020.
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To allow the parties to complete their settlement efforts, the parties stipulate and

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propose for the Court’s approval an extension of the deadline for reply briefs from November 24

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to January 15, 2021.
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Likewise, the parties stipulate and propose for the Court’s approval an extension

of the summary judgment hearing date from December 11, 2020 to January 22, 2021.
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The parties note that if, as anticipated, they lodge a propose consent decree

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earlier than January 15, 2021, they will move for a stay of the litigation until the Court takes

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action on the proposed consent decree.

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8.

At this time, the parties do not propose any change to the deadline for the Joint

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Pretrial Statement (February 5, 2021).

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Stipulation and O for Extension of Deadlines

No. 2:16-cv-01498-KJM-DB
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Dated: November 23, 2020

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Respectfully submitted,
/s/ Therese Y. Cannata
CANNATA, O’TOOLE, FICKES & OLSON LLP
100 Pine Street, Suite 350
San Francisco, CA 94111
Tel: [phone]

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Attorney for Roger J. LaPant, Jr.

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/s/ Andrew S. Coghlan
United States Department of Justice
Environmental and Natural Resources Division
P.O. Box 7611
Washington, DC 20044
Tel: [phone]

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Attorney for the United States

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Stipulation and O for Extension of Deadlines

No. 2:16-cv-01498-KJM-DB
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ORDER
Upon due consideration, the Court approves the foregoing stipulation and amends the
schedule as follows:
(1) Reply briefs associated with cross motions for summary judgment (ECF Nos. 113 &
121) are now due January 15, 2021.
(2) The hearing date for the cross motions for summary judgment is now January 22,
2021, at 10:00 a.m.
(3) The Joint Pretrial Statement remains due February 5, 2021.
DATED: November 30, 2020.

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Stipulation and PO for Extension of Deadlines

No. 2:16-cv-01498-KJM-DB