Dimension Properties, LLC v. City of Sacramento et al

Filing 39

STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr on 1/17/2023 EXTENDING the time to 6/5/2023 for the U.S. to respond to the Complaint and the parties shall have until 7/17/2023, to meet and confer regarding their discovery plan. (Perdue, C.)

Case 2:18-cv-01865-MCE-CKD Document 39 Filed 01/17/23 Page 1 of 4
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SETH MEREWITZ, Bar No. 195982
[e-mail]
MATTHEW L. GREEN, Bar No. 227904
[e-mail]
BEST BEST & KRIEGER LLP
655 West Broadway, 15th Floor
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
DIMENSION PROPERTIES, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DIMENSION PROPERTIES, LLC,
Plaintiff,

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v.

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UNITED STATES OF AMERICA;
and CITY OF SACRAMENTO,

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Defendants.

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Case No. 2:18-CV-01865-MCE-CKD
Judge: Hon. Morrison C. England, Jr.
STIPULATION TO FURTHER
EXTEND TIME TO RESPOND TO
COMPLAINT AND COMPLETE
RULE 26(f) CONFERENCE; ORDER
THEREON
Complaint Filed: July 2, 2018

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RECITALS

LAW OFFICES OF
BEST BEST & KRIEGER LLP
655 WEST BROADWAY, 15TH FLOOR
SAN DIEGO, CA 92101

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WHEREAS, on July 2, 2018, Plaintiff Dimension Properties, LLC

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(“Dimension”) commenced the above-captioned action by filing a Complaint for

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Declaratory Relief and to Quiet Title (“Complaint”) against Defendants United States

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of America (“United States”) and City of Sacramento (“City”). (ECF No. 1.)

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WHEREAS, in the Complaint, Dimension seeks declaratory relief regarding a

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railroad right of way established by the Pacific Railroad Act of 1862 that traverses

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real property owned by Dimension in the City of Sacramento, and seeks to quiet its

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title to the same.

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WHEREAS, upon filing of the Complaint, the Court issued an Initial Pretrial

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Scheduling Order, which, among other items, directed the parties to meet and confer

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as required by Federal Rule of Civil Procedure 26(f) regarding their discovery plan

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within sixty (60) days of service of the Complaint. (ECF No. 4 at 2:14-16.)
WHEREAS, on July 26, 2018, the City filed a Disclaimer of Interest in

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response to the Complaint. (ECF No. 5.)

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WHEREAS, since August 2018, respective counsel for Dimension and the

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United States have been meeting and conferring regarding the action in an effort to

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reach an amicable resolution of this matter.

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WHEREAS, in light of the parties’ ongoing settlement efforts, and upon the

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stipulations of the parties, the Court extended the time for the United States to

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respond to the Complaint to January 23, 2023, and continued the deadline for the

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parties to meet and confer as required by Federal Rule of Civil Procedure 26(f) to

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March 6, 2023. (ECF Nos. 8, 10, 13, 16, 18, 20, 22, 24, 26, 29, 31, 33, 35, 37.)

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WHEREAS, the parties’ settlement discussions and efforts are aimed at

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reaching a legislative resolution that will moot the action, but progress was

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significantly hampered as a result of the ongoing COVID-19 pandemic and its impact

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on Congress beginning in or about March 2020.

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Case 2:18-cv-01865-MCE-CKD Document 39 Filed 01/17/23 Page 3 of 4
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WHEREAS, proposed federal legislation that would moot the action continues
to progress toward being introduced in Congress in the near future.

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WHEREAS, in light of the parties’ ongoing efforts to reach an informal

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resolution, and the continuing progress that has been made toward potential

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legislation, Dimension and the United States agree (1) that the time for the United

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States to respond to the Complaint should be further extended to June 5, 2023, and

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(2) that the deadline for the parties to meet and confer as required by Federal Rule of

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Civil Procedure 26(f) should be further continued to July 17, 2023.
STIPULATION

LAW OFFICES OF
BEST BEST & KRIEGER LLP
655 WEST BROADWAY, 15TH FLOOR
SAN DIEGO, CA 92101

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IT IS HEREBY STIPULATED by and between Dimension, by and through

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its counsel of record, Seth Merewitz and Matthew L. Green of Best Best & Krieger

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LLP, and the United States, by and through its counsel of record, Joseph B. Frueh,

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Assistant United States Attorney, (1) that the United States shall have until June 5,

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2023, to respond to the Complaint in the above-captioned action, and (2) that the

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parties shall have until July 17, 2023, to meet and confer as required by Federal Rule

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of Civil Procedure 26(f) regarding their discovery plan.

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Dated: January 13, 2023

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Dated: January 13, 2023

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BEST BEST & KRIEGER LLP
By: /s/ Matthew L. Green
SETH MEREWITZ
MATTHEW L. GREEN
Attorneys for Plaintiff
DIMENSION PROPERTIES, LLC
By: /s/ Joseph B. Frueh (authorized on 1/12/23)
JOSEPH B. FRUEH
Assistant United States Attorney
Attorneys for Defendant
UNITED STATES OF AMERICA

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ORDER

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Pursuant to the stipulation between the parties, (ECF No. 38), the United States

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shall have until June 5, 2023, to respond to the Complaint in the above-captioned

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action, and (2) the parties shall have until July 17, 2023, to meet and confer as

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required by Federal Rule of Civil Procedure 26(f) regarding their discovery plan.

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IT IS SO ORDERED.

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DATED: January 17, 2023

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LAW OFFICES OF
BEST BEST & KRIEGER LLP
655 WEST BROADWAY, 15TH FLOOR
SAN DIEGO, CA 92101

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