USA v. State of California et al

Filing 14

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 07/12/18 ORDERING that the 08/13/18 Status Conference is VACATED and setting the following briefing schedule and hearing date for cross-motions for summary judgment: U.S.' Motion for Summary Judgment: 08/13/18; Defendants' Opposition/Cross-Motion: 09/04/18; U.S. Opposition/Reply: 09/24/18; Defendants' Reply: 10/01/18; Hearing: 10/15/18. (Benson, A.)

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1 2 3 4 5 6 7 JEFFREY H. WOOD Acting Assistant Attorney General ERIC GRANT (CA Bar No. 151064) Deputy Assistant Attorney General JUSTIN HEMINGER (DC Bar. No. 974809) STACY STOLLER (DC Bar No. 475035) PETER J. McVEIGH (VA Bar No. 73211) (202) 514-4642 peter.mcveigh@usdoj.gov Attorneys Environment and Natural Resources Division U.S. Department of Justice 950 Pennsylvania Avenue N.W., Room 2630 Washington, D.C. 20530 8 12 McGREGOR W. SCOTT United States Attorney DAVID T. SHELLEDY Civil Chief, Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 (916) 554-2700 david.shelledy@usdoj.gov 13 Counsel for Plaintiff United States of America 9 10 11 14 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 18 UNITED STATES OF AMERICA, 19 20 21 22 Plaintiff, v. STATE OF CALIFORNIA; and CALIFORNIA STATE LANDS COMMISSION, an agency of the State of California, 23 Defendants. 24 25 26 27 28 Stipulation and Proposed Order ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 2:18-cv-721-WBS-DB STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE AND HEARING DATE FOR CROSS-MOTIONS FOR SUMMARY JUDGMENT AND VACATING STATUS CONFERENCE Page 1 1 In accordance with the agreed scheduling proposal outlined in the Joint Status Report and 2 Discovery Plan filed concurrently herewith, Plaintiff United States of America and Defendants 3 State of California and California State Lands Commission (collectively, “the Parties”) hereby 4 stipulate to a briefing schedule and hearing date pursuant to Local Rule 143. As explained in the 5 Joint Status Report and Discovery Plan, the Parties believe that this case can and should be 6 decided on cross-motions for summary judgment, that no trial will be needed, and that discovery 7 and motion practice should be expedited to avoid the need for a motion for preliminary 8 injunction. 9 10 Accordingly, the Parties further stipulate pursuant to Local Rule 143 to the following briefing schedule and hearing date for cross-motions for summary judgment: 11 - United States’ Motion for Summary Judgment: August 13, 2018 12 - Defendants’ Memorandum in Opposition/Cross-Motion: September 4, 2018 13 - United States’ Memorandum in Opposition/Reply Memorandum: September 24, 2018 14 - Defendants’ Reply Memorandum: October 1, 2018 15 - Hearing Date: October 15, 2018 16 In addition, the parties stipulate that the status conference set for August 13, 2018, by the Court’s 17 order of April 2, 2018 [Doc. 3], is vacated 18 Dated: July 12, 2018. 19 Respectfully submitted, 20 /s/ Peter J. McVeigh JEFFREY H. WOOD Acting Assistant Attorney General ERIC GRANT Deputy Assistant Attorney General JUSTIN HEMINGER STACY STOLLER PETER J. McVEIGH Attorneys Environment and Natural Resources Division U.S. Department of Justice 21 22 23 24 25 26 McGREGOR W. SCOTT United States Attorney DAVID T. SHELLEDY Civil Chief, Assistant United States Attorney 27 28 Counsel for Plaintiff United States of America Stipulation and Proposed Order Page 2 1 2 Dated: July 12, 2018 3 4 5 6 /s/ John Killeen (as authorized on July 12, 2018) XAVIER BECERRA Attorney General of California JAMEE JORDAN PATTERSON Supervising Deputy Attorney General BENJAMIN M. GLICKMAN Supervising Deputy Attorney General ANDREW M. VOGEL Deputy Attorney General 7 JOHN W. KILLEEN Deputy Attorney General Attorneys for the 8 State Defendants 9 10 11 IT IS SO ORDERED. 12 Dated: July 12, 2018 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation and Proposed Order Page 3

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