California Chamber of Commerce v. Becerra

Filing 250

STIPULATION and ORDER signed by District Judge Daniel J. Calabretta on 11/9/2023 MODIFYING the Scheduling Order as follows: Disclosure of Expert Witnesses due by 12/15/2023; Rebuttal Expert Witnesses due by 1/19/2024; Fact Discovery due by 1/12/2024 ; All Expert Discovery due by 3/15/2024; All Motions due by 5/10/2024; Motion Hearing set for 9/19/2024 at 01:30 PM in Courtroom 10 (DJC) before District Judge Daniel J. Calabretta; Motion for Summary Judgment due by 5/10/2024; Opposition to Motion and Cross-Motion to Summary Judgment due by 6/21/2024. (Clemente Licea, O)

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Trenton H. Norris (CA Bar No. 164781)
[e-mail]
David M. Barnes (CA Bar No. 318547)
HOGAN LOVELLS US LLP
4 Embarcadero Center, Suite 3500
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for California Chamber of Commerce

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CALIFORNIA CHAMBER OF COMMERCE, Case No. 2:19-cv-02019-DJC-JDP

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Plaintiff,

JOINT STIPULATION TO MODIFY
SCHEDULING ORDER; ORDER

v.

Judge:
Action Filed:
SAC Filed:
Hearing:

ROB BONTA, IN HIS OFFICIAL
CAPACITY AS ATTORNEY GENERAL OF
THE STATE OF CALIFORNIA,

Hon. Daniel J. Calabretta
October 7, 2019
April 19, 2023
May 9, 2023

Defendant.

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JOINT STIPULATION TO MODIFY SCHEDULING ORDER; ORDER
CASE NO. 2:19-CV-02019-DJC-JDP

JOINT STIPULATION

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WHEREAS, the Court finalized its Scheduling Order on September 7, 2023 (ECF No.

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248);
WHEREAS, Plaintiff California Chamber of Commerce, Defendant Rob Bonta, in his

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official capacity as Attorney General of California, and Defendant-Intervenor Council for

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Education and Research on Toxics (collectively, the “Parties”) have made no prior requests for

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extensions or modifications to the Scheduling Order;

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WHEREAS, counsel for Defendant have trials in other cases in late April 2024 that

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conflict with the motion briefing deadlines in the Scheduling Order, and the parties have agreed it

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will be beneficial to extend the briefing schedule;
WHEREAS, due to the Court’s order granting the Motion for Preliminary Injunction (ECF

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No. 114) by Plaintiff, which the U.S. Court of Appeals for the Ninth Circuit upheld on March 17,

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2022, see Cal. Chamber of Commerce v. Council for Educ. & Rsch. on Toxics, 29 F.4th 468 (9th

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Cir. 2022), the status quo ante is preserved, insofar as possible, during the pendency of the

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proceedings in this action;

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WHEREAS, the Parties have met and conferred on modifications to the Scheduling Order

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and have negotiated a briefing schedule for the anticipated summary judgment motion(s) that they

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request the Court consider;

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WHEREAS, the Court has not yet set a trial date or final pretrial conference date;

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IT IS HEREBY STIPULATED by and among the Parties, by and through their respective

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attorneys of record, and subject to the approval of the Court, that the Scheduling Order shall be

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modified as follows:

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1. The deadline to disclose expert witnesses, previously set for November 17, 2023, be
moved to December 15, 2023;
2. The deadline to disclose expert witnesses for rebuttal purposes, previously set for
December 15, 2023, be moved to January 19, 2024;

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3. The cutoff for fact discovery remain as January 12, 2024;

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4. The cutoff for all expert discovery, previously set for January 12, 2024, be moved to
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JOINT STIPULATION TO MODIFY SCHEDULING ORDER; ORDER
CASE NO. 2:19-cv-02019-DJC-JDP

March 15, 2024;

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5. The deadline to file any motions (except motions for continuances, temporary

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restraining orders, or other emergency applications), previously set for March 22,

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2024, be moved to May 10, 2024;
6. The hearing on any such motions (except motions for continuances, temporary

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restraining orders, or other emergency applications), previously set for May 9, 2024 at

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1:30 PM, be moved to September 19, 2024 at 1:30 PM, or the next available date for

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the Court;
7. Consistent with the foregoing, the Parties have agreed to the following briefing

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schedule on the motion(s) for summary judgment:

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a. Defendant will inform Plaintiff by April 26, 2024 whether he plans to file a crossmotion for summary judgment;

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b. Plaintiff will file its Motion for Summary Judgment (“Motion”) by May 10, 2024;

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c. Defendant will file his opposition to Plaintiff’s Motion, as well as any crossmotion for summary judgment, by June 21, 2024;

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d. Plaintiff will file its reply in support of its Motion, and its opposition to any cross-

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motion, by July 26, 2024;

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e. Defendant will file his reply in support of his cross-motion, if any, by August 16,

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2024.

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Dated:

November 9, 2023

Respectfully submitted,
By:
/s/ Trenton H. Norris
Trenton H. Norris
HOGAN LOVELLS US LLP
Four Embarcadero Center, 35th Floor
San Francisco, CA 94111-4024
Tel: [phone]
[e-mail]
Attorneys for Plaintiff California Chamber of
Commerce

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JOINT STIPULATION TO MODIFY SCHEDULING ORDER; ORDER
CASE NO. 2:19-cv-02019-DJC-JDP

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Dated:

November 9, 2023

Respectfully submitted,

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ROB BONTA
Attorney General of California
LAURA J. ZUCKERMAN
Supervising Deputy Attorney General

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By: /s/ Megan K. Hey
MEGAN HEY
RAFAEL HURTADO
Deputy Attorneys General
OFFICE OF THE ATTORNEY GENERAL
300 South Spring Street, Suite 1702
Los Angeles, CA 90013-1230
Telephone: [phone]
E-mail: [e-mail]
Attorneys for Rob Bonta, Attorney General of
the State of California

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Dated:

November 9, 2023

Respectfully submitted,

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By: /s/ Raphael Metzger
Raphael Metzger, Esq.
Scott Brust, Esq.
METZGER LAW GROUP
A Professional Law Corporation
401 E. Ocean Blvd., Suite 800
Long Beach, CA 90802
Tel: [phone]
[e-mail]
Attorneys for Intervenor-Defendant, Council for
Education and Research on Toxics

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JOINT STIPULATION TO MODIFY SCHEDULING ORDER; ORDER
CASE NO. 2:19-cv-02019-DJC-JDP

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[PROPOSED] ORDER
Based on the Joint Stipulation of the Parties, and good cause appearing therefor, IT IS
ORDERED that the Scheduling Order be modified as follows:
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be moved to December 15, 2023;
2.

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3.

The cutoff for fact discovery remain as January 12, 2024;

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The cutoff for all expert discovery, previously set for January 12, 2024, be moved
to March 15, 2024;

5.

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2024, be moved to May 10, 2024;
6.

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The hearing on any such motions (except motions for continuances, temporary
restraining orders, or other emergency applications), previously set for May 9,

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The deadline to file any motions (except motions for continuances, temporary
restraining orders, or other emergency applications), previously set for March 22,

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The deadline to disclose expert witnesses for rebuttal purposes, previously set
for December 15, 2023, be moved to January 19, 2024;

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The deadline to disclose expert witnesses, previously set for November 17, 2023,

2024 at 1:30 PM, be moved to September 19, 2024 at 1:30 PM;
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Consistent with the foregoing, the following briefing schedule shall apply to any
motion(s) for summary judgment:
a.

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cross-motion for summary judgment;
b.

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c.

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Defendant will file his opposition to Plaintiff’s Motion, as well as any
cross-motion for summary judgment, by June 21, 2024;

d.

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Plaintiff will file its Motion for Summary Judgment (“Motion”) by May
10, 2024;

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Defendant will inform Plaintiff by April 26, 2024 whether he plans to file a

Plaintiff will file its reply in support of its Motion, and its opposition to any
cross-motion, by July 26, 2024;

e.

Defendant will file his reply in support of his cross-motion, if any, by
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JOINT STIPULATION TO MODIFY SCHEDULING ORDER; ORDER
CASE NO. 2:19-CV-02019-DJC-JDP

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August 16, 2024.
IT IS SO ORDERED.

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Dated: November 9, 2023

/s/ Daniel J. Calabretta
THE HONORABLE DANIEL J. CALABRETTA
UNITED STATES DISTRICT JUDGE

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JOINT STIPULATION TO MODIFY SCHEDULING ORDER; ORDER
CASE NO. 2:19-cv-02019-DJC-JDP