United States of America v. State of California et al

Filing 142

STIPULATION and PROPOSED ORDER for Briefing Schedule and Supplemental Briefing by Edmund Gerald Brown, Jr. (Chuang, Christine)

1
2
3
4
5
6
7
8
9
10

XAVIER BECERRA
Attorney General of California
THOMAS S. PATTERSON
Senior Assistant Attorney General
MICHAEL NEWMAN
SATOSHI YANAI
Supervising Deputy Attorneys General
CHRISTINE CHUANG
ANTHONY HAKL
CHEROKEE DM MELTON
LEE I. SHERMAN
Deputy Attorneys General
State Bar No. 272271
300 S. Spring Street
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants

11

IN THE UNITED STATES DISTRICT COURT

12

FOR THE EASTERN DISTRICT OF CALIFORNIA

13

SACRAMENTO DIVISION

14
15
16

THE UNITED STATES OF AMERICA,
Plaintiff,

17
18
19
20
21
22

Case No. 2:18-cv-00490-JAM-KJN

STIPULATION AND [PROPOSED]
ORDER RE BRIEFING SCHEDULE
AND SUPPLEMENTAL BRIEFING

v.

THE STATE OF CALIFORNIA; EDMUND
GERALD BROWN JR., Governor of
Judge: Honorable John A. Mendez
California, in his official capacity; and
Action Filed: March 6, 2018
XAVIER BECERRA, Attorney General of
California, in his official capacity,
Defendants.

23
24
25
26
27
28
Stipulation and [Proposed] Order re Briefing Schedule and Supplemental Briefing

(18-cv-00490-JAM-KJN)

1

On May 4, 2018, Defendants State of California, Governor Edmund G. Brown Jr., in his

2

official capacity, and Attorney General Xavier Becerra, in his official capacity (the “State”), filed

3

an opposition to Plaintiff United States of America’s Motion for Preliminary Injunction (ECF No.

4

74) and a Motion to Dismiss (ECF No. 77). The United States’ Opposition to the State’s Motion

5

to Dismiss is due on June 6, 2018 (ECF No. 79) and its Reply in support of Plaintiff’s Motion for

6

Preliminary Injunction is due on June 8, 2018 (ECF No. 41). The State’s Reply in support of its

7

Motion to Dismiss is due on June 13, 2018 (ECF No. 79). The hearing for both motions is set for

8

June 20, 2018 at 10:00 a.m. (ECF Nos. 41, 79).

9

In addition, on May 14, 2018, the Supreme Court issued a decision in Murphy v. National

10

Collegiate Athletic Ass’n, No. 16-476, 584 U.S. __ (May 14, 2018), which the State believes is

11

relevant to the issues in this matter and presented in the pending motions. In light of the

12

foregoing, and for the parties to efficiently brief the pending motions and to address the

13

significance of Murphy, if any, the parties hereby stipulate and agree to the following briefing

14

schedule and supplemental briefing:

15
16
17

1.

The State will be allowed to file a five-page supplemental brief discussing the

significance of Murphy on or before May 25, 2018.
2.

The United States will be allowed an additional five pages for its Reply in support

18

of Plaintiff’s Motion for Preliminary Injunction to reply to any arguments raised by the State in its

19

supplemental pleading.

20

3.

The United States will be allowed an extension of time to file its Opposition to the

21

State’s Motion to Dismiss, up to and including June 8, 2018, the same date that its Reply in

22

support of Plaintiff’s Motion for Preliminary Injunction is due.

23
24

4.

The State will be allowed an extension of time to file its Reply in support of

Defendants’ Motion to Dismiss, up to and including June 15, 2018.

25
26
27
28
1
Stipulation and [Proposed] Order re Briefing Schedule and Supplemental Briefing

(18-cv-00490-JAM-KJN)

1

Dated: May 21, 2018

2

CHAD A. READLER
Acting Assistant Attorney General
MCGREGOR SCOTT
United States Attorney
AUGUST FLENTJE
Special Counsel
EREZ REUVENI
Assistant Director
DAVID SHELLEDY
Civil Chief, Assistant United States Attorney
LAUREN C. BINGHAM
JOSEPH A. DARROW
FRANCESCA GENOVA
JOSHUA S. PRESS

3
4
5
6
7
8
9
10
11
12

Respectfully Submitted,
XAVIER BECERRA
Attorney General of California
THOMAS S. PATTERSON
Senior Assistant Attorney General
MICHAEL NEWMAN
SATOSHI YANAI
Supervising Deputy Attorneys General
ANTHONY HAKL
CHEROKEE DM MELTON
LEE SHERMAN

/s/ Christine Chuang
Christine Chuang
Deputy Attorneys General
Attorneys for the State of California

/s/ Erez Reuveni
Erez Reuveni
Assistant Director
Attorneys for the United States
of America

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Stipulation and [Proposed] Order re Briefing Schedule and Supplemental Briefing

(18-cv-00490-JAM-KJN)

1

[PROPOSED] ORDER

2

Having considered the stipulation of the parties, IT IS HEREBY ORDERED that:

3

1.

4
5
6
7
8
9
10

The State may file a five-page supplemental brief discussing the significance of

Murphy on or before May 25, 2018.
2.

The United States is permitted an additional five pages for its Reply in support of

Plaintiff’s Motion for Preliminary Injunction to respond to the State’s supplemental brief.
3.

The United States is granted an additional two days to file its Opposition to

Defendants’ Motion to Dismiss, up to and including June 8, 2018.
4.

The State is granted an additional two days to file its Reply in support of

Defendants’ Motion to Dismiss, up to and including June 15, 2018.

11

5.

The June 20 hearing on both motions shall remain as scheduled.

12

IT IS SO ORDERED.

13
14

Dated: _______________________

____________________________
Judge John A. Mendez
United States District Court Judge

15
16
17
18
19
20
21
22
23
24
25
26
27
28
3

Stipulation and [Proposed] Order re Briefing Schedule and Supplemental Briefing

(18-cv-00490-JAM-KJN)