Dimension Properties, LLC v. City of Sacramento et al
Filing
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STIPULATION and ORDER signed by Senior District Judge Morrison C. England, Jr., on 6/5/24 EXTENDING the time to 10/14/24, for the United States to respond to the Complaint. The parties have until 11/25/24 to meet and confer as required by FRCP 26(f) regarding their discovery plan. (Kastilahn, A)
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SETH MEREWITZ, Bar No. 195982
seth.merewitz@bbklaw.com
MATTHEW L. GREEN, Bar No. 227904
matthew.green@bbklaw.com
BEST BEST & KRIEGER LLP
655 West Broadway, 15th Floor
San Diego, CA 92101
Telephone: (619) 525-1300
Facsimile: (619) 233-6118
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,
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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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2:18-CV-01865-MCE-CKD
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 June 10, 2024, and continued the deadline for the parties
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to meet and confer as required by Federal Rule of Civil Procedure 26(f) to March 18,
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2024. (ECF Nos. 8, 10, 13, 16, 18, 20, 22, 24, 26, 29, 31, 33, 35, 37, 39, 41, 43, 45.)
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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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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 October 14, 2024,
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and (2) that the deadline for the parties to meet and confer as required by Federal
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Rule of Civil Procedure 26(f) should be further continued to November 25, 2024.
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 October
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14, 2024, to respond to the Complaint in the above-captioned action, and (2) that the
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parties shall have until November 25, 2024, to meet and confer as required by
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Federal Rule of Civil Procedure 26(f) regarding their discovery plan.
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Dated: June 4, 2024
BEST BEST & KRIEGER LLP
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Dated: June 4, 2024
By: /s/ Matthew L. Green
SETH MEREWITZ
MATTHEW L. GREEN
Attorneys for Plaintiff
DIMENSION PROPERTIES, LLC
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By: /s/ Joseph B. Frueh (authorized on 5/31/24)
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. 44), the United States
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shall have until October 14, 2024, to respond to the Complaint in the above-
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captioned action, and (2) the parties shall have until November 25, 2024, to meet
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and confer as required by Federal Rule of Civil Procedure 26(f) regarding their
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discovery plan.
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IT IS SO ORDERED.
Dated: June 5, 2024
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LAW OFFICES OF
BEST BEST & KRIEGER LLP
655 WEST BROADWAY, 15TH FLOOR
SAN DIEGO, CA 92101
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