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

Filing 73

STIPULATION and ORDER for continuance 72 signed by Senior Judge William B. Shubb on 9/13/20: The Hearing Regarding Claim Under Administrative Procedure Act is reset for 3/9/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Bench Trial is reset for 5/12/2020 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)

1 McGREGOR W. SCOTT
United States Attorney
2 BENJAMIN E. HALL
Assistant United States Attorney
3 2500 Tulare Street, Suite 4401
Fresno, CA 93721
4 Telephone: [phone]
Facsimile: [phone]
5
6 Attorneys for Defendants
7
8
9
IN THE UNITED STATES DISTRICT COURT
10
EASTERN DISTRICT OF CALIFORNIA
11
12
GLENN-COLUSA IRRIGATION DISTRICT,

Case No. 2:17-cv-00120-WBS-CKD

13

STIPULATION AND PROPOSED
ORDER FOR CONTINUANCE
OF HEARING REGARDING
JUSTICIABILITY OF CLAIM
UNDER ADMINISTRATIVE
PROCEDURE ACT, TRIAL DATE,
AND RELATED DEADLINES

Plaintiff,
14
v.
15
UNITED STATES ARMY CORPS OF
16 ENGINEERS, et al.,
Defendants.

17
18
19
20

Pursuant to the tentative settlement of this matter, and in order to allow the parties time to

21 seek requisite approvals and resolve certain ancillary issues related to implementation of the
22 settlement (see Minutes, Doc. 71), the parties to this action hereby stipulate and agree and
23 respectfully request that the Court issue an order as follows:
24

1.

The hearing regarding justiciability of Plaintiff’s claim under the Administrative

25 Procedure Act, currently set for September 16, 2019, at 1:30 p.m. (see Docs. 62, 69-1 and 70), shall
26 be continued to March 9, 2020, at 1:30 p.m. in Courtroom 5.
27

2.

The trial set for October 8, 2019, shall be continued to May 12, 2020, at 9:00 a.m. in

28 Courtroom 5.

30

STIPULATION AND PROPOSED ORDER
FOR CONTINUANCE OF APA HEARING, TRIAL
DATE, AND RELATED DEADLINES

1

1

3.

All remaining deadlines under the Final Pretrial Order, Doc. 54, specifically the

2 deadlines for lodging proposed Findings of Fact and Conclusions of Law (Section III), filing Trial
3 Briefs (Section IV), exchanging exhibits (Section VII) and designating portions of interrogatories
4 and depositions (Section IX) shall be adjusted to the new trial date of May 12, 2020.
5

Respectfully submitted,

6 Dated: September 13, 2019

McGREGOR W. SCOTT
United States Attorney

7

/ /s/ Benjamin E. Hall
BENJAMIN E. HALL
Assistant U.S. Attorney
Attorney for Defendants

8
9
10
11 Dated: September 13, 2019

SOMACH SIMMONS & DUNN
A Professional Corporation

12

[Authorized September 13, 2019]

13

/ /s/ Stuart L. Somach
STUART L. SOMACH
Attorneys for Plaintiff

14
15
16
17
18

ORDER
IT IS SO ORDERED.

19
20 Dated: September 13, 2019
21
22
23
24
25
26
27
28

30

STIPULATION AND PROPOSED ORDER
FOR CONTINUANCE OF APA HEARING, TRIAL
DATE, AND RELATED DEADLINES

2