Glenn-Colusa Irrigation District v. United States Army Corps of Engineers et al

Filing 16

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 5/12/2017 ORDERING that the hearing re 13 Motion to Dismiss is CONTINUED to 6/26/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Zignago, K.)

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1 2 3 4 5 6 7 SOMACH SIMMONS & DUNN A Professional Corporation STUART L. SOMACH, ESQ. (SBN 90959) FRANCIS M. GOLDSBERRY, II, ESQ. (SBN 63737) MICHAEL A. GHELETA, ESQ. (SBN 137726) ALEXIS K. STEVENS, ESQ. (SBN 260756) 500 Capitol Mall, Suite 1000 Sacramento, CA 95814 Telephone: (916) 446-7979 Facsimile: (916) 446-8199 ssomach@somachlaw.com mgoldsberry@somachlaw.com mgheleta@somachlaw.com astevens@somachlaw.com 8 9 Attorneys for Plaintiff GLENN-COLUSA IRRIGATION DISTRICT SOMACH SIMMONS & DUNN A Professional Corporation 10 11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 14 GLENN-COLUSA IRRIGATION DISTRICT, 15 16 17 Plaintiff, v. UNITED STATES ARMY CORPS OF ENGINEERS, et al., 18 Defendants. CASE NO. 2:17-CV-00120-WBS-GGH STIPULATION AND ORDER CONTINUING HEARING ON MOTION TO DISMISS Hearing Date: June 12, 2017 Hearing Time: 1:30 p.m. Courtroom: 5 Honorable William B. Shubb 19 20 21 22 Pursuant to Local Rules 143(b) and 230(f), Plaintiff and Defendants hereby submit this Stipulation Continuing Hearing on Motion to Dismiss, and state as follows: 1. On April 21, 2017, Defendants United States Army Corps of Engineers, et al. 23 (USACE), filed a motion to dismiss, which was set for hearing before this Court on June 12, 24 2017, at 1:30 p.m. 25 2. 26 27 28 Counsel for Plaintiff Glenn-Colusa Irrigation District (GCID) are unavailable for the hearing June 12, 2017, due to previously scheduled commitments. 3. Plaintiff and Defendants stipulate to continue the hearing to June 26, 2017, at 1:30 p.m., when counsel are available and they understand the Court is also available. STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON MOTION TO DISMISS -1- 1 4. Plaintiff and Defendants further stipulate that the current briefing dates for the 2 motion to dismiss shall remain in place. Plaintiff will file and serve its opposition to the motion 3 to dismiss on May 26, 2017, and Defendants will file their reply to the opposition on June 5, 4 2017. 5 Respectfully submitted, 6 SOMACH SIMMONS & DUNN A Professional Corporation 7 8 DATED: May 12, 2017 9 SOMACH SIMMONS & DUNN A Professional Corporation 10 11 12 By: /s/ Michael A. Gheleta MICHAEL A. GHELETA 500 Capitol Mall, Suite 1000 Sacramento, CA 95814 Telephone: (916) 446-7979 Facsimile: (916) 446-8199 mgheleta@somachlaw.com Attorneys for Plaintiff 13 PHILLIP A. TALBERT United States Attorney 14 15 16 DATED: May 12, 2017 17 18 19 20 21 22 By: /s/ Benjamin E. Hall (as authorized on 5/11/17) BENJAMIN E. HALL Assistant U.S. Attorney 2500 Tulare Street, Suite 4401 Fresno, CA 93721 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 Benjamin.hall3@usdoj.gov Attorneys for Defendants ORDER IT IS SO ORDERED. 23 24 Dated: May 12, 2017 25 26 27 28 STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON MOTION TO DISMISS -2- 1 2 CERTIFICATE OF SERVICE 3 I hereby certify that a true and correct copy of the foregoing will be e-filed on May 12, 2017, and 4 will be automatically served upon counsel of record, all of whom appear to be subscribed to 5 receive notice from the ECF system. 6 7 /s/ Michael A. Gheleta Michael A. Gheleta 8 9 SOMACH SIMMONS & DUNN A Professional Corporation 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON MOTION TO DISMISS -3-

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