California Sportfishing Protection Alliance v. Cemex Construction Materials Pacific, LLC

Filing 12

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 10/30/2017 GRANTING Defendant's Extension of Time to respond to the complaint until 12/26/2017. (Hunt, G)

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MITCHELL CHADWICK LLP
PATRICK G. MITCHELL (SBN 124420)
SARAH M. TAYLOR (SBN 296520)
3001 Lava Ridge Court, Suite 120
Roseville, CA 95661
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendants
CEMEX Construction Materials Pacific, LLC
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THE CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE, a non-profit
corporation,

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Plaintiff,

Case No. 2:17-cv-00272-MCE-CKD
JOINT STIPULATION TO EXTEND
TIME TO RESPOND TO INITIAL
COMPLAINT BY 60 ADDITIONAL
DAYS; ORDER

vs.
CEMEX CONSTRUCTION MATERIALS
PACIFIC, LLC., a Delaware corporation

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Defendant.

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District Judge Morrison C. England, Jr.
Magistrate Judge Carolyn K. Delaney
Complaint filed: February 8, 2017
Current response date: October 27, 2017
New response date: December 26, 2017

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WHEREAS, the complaint in this action was filed on February 8, 2017 (“Complaint”) by
plaintiff The California Sportfishing Protection Alliance (“Plaintiff”) against defendant CEMEX
Construction Materials Pacific, LLC (“Defendant”);
WHEREAS, Defendant waived service on May 2, 2017;
WHEREAS, pursuant to Local Rule 144, Plaintiff and Defendant stipulated to extend
Defendant’s time to respond to the Complaint by 28 days on June 28, 2017;
WHEREAS, Judge England granted the Parties’ Stipulation for Order Extending Time on

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STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT AND ORDER
CASE NO: 2:17-CV-00272-MCE-CKD

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July 31, 2017;
WHEREAS, Plaintiff and Defendant stipulated to extend Defendant’s time to respond to
the Complaint by an additional 60 days on August 23, 2017.
WHEREAS, Judge England granted the Parties’ Joint Stipulation for Order to Extend
Time to Respond to Initial Complaint on August 28, 2017.

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WHEREAS, Defendant must currently respond to the Complaint by October 27, 2017;

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WHEREAS, Plaintiff and Defendant have agreed on material terms of settlement and

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have drafted the written settlement agreement;
WHEREAS, the settlement agreement must now be reviewed by the United States
Department of Justice;
WHEREAS, in light of ongoing settlement discussions, the parties believe it to further the

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interests of judicial economy to extend the time for Defendant to respond to the Complaint by an

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additional 60 days; and

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THEREFORE, Plaintiff and Defendant hereby stipulate that Defendant may respond to

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the Complaint by no later than December 26, 2017.

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IT IS SO STIPULATED.
[Signatures on Next Page]

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STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT AND ORDER
CASE NO: 2:17-CV-00272-MCE-CKD

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Dated: October 26, 2017

MITCHELL CHADWICK LLP
By:

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/s/ Patrick G. Mitchell
PATRICK G. MITCHELL
SARAH M. TAYLOR
Attorneys for Defendant
CEMEX Construction Materials Pacific,
LLC.

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Dated: October 26, 2017

LOZEAU DRURY LLP
By:

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/s/ Douglas J. Chermak (as authorized on
October 26, 2017)
MICHAEL R. LOZEAU
DOUGLAS J. CHERMAK
Attorneys for Plaintiff
The California Sportfishing Protection
Alliance

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STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT AND ORDER
CASE NO: 2:17-CV-00272-MCE-CKD

ORDER

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Having read and considered the Joint Stipulation for Order Extending Time to

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Respond to Initial Complaint of CEMEX CONSTRUCTION MATERIALS PACIFIC, LLC

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(“Defendant”) and THE CALIFORNIA SPORTFISHING PROTECTION ALLIANCE

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(“Plaintiff”), and good cause appearing therefore,

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IT IS SO ORDERED that the stipulation is granted as follows:

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Defendant shall have an extension of time, up to and including December 26, 2017, to file a

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responsive pleading to Plaintiff’s initial complaint.

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IT IS SO ORDERED.
Dated: October 30, 2017

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STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT AND ORDER
CASE NO: 2:17-CV-00272-MCE-CKD