Andrew Allen et al v. UNITED STATES OF AMERICA et al

Filing 36

STIPULATION AND ORDER Resetting Deadlines as to 30 MOTION for Summary Judgment. Reply due by 8/30/2017. Signed by Judge William H. Orrick on 08/23/2017. (jmdS, COURT STAFF) (Filed on 8/23/2017)

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1 2 3 4 5 6 7 8 9 10 11 JEFFERY H. WOOD Acting Assistant Attorney General Environment & Natural Resources Division JODY H. SCHWARZ Natural Resources Section Environment & Natural Resources Division United States Department of Justice P.O. Box 7611 Washington D.C. 20044-7611 Telephone: (202) 305-0245 Facsimile: (202) 353-2021 jody.schwarz@usdoj.gov Attorney for the Federal Defendants LESTER J. MARSTON State Bar No. 081030 Rapport and Marston 405 West Perkins Street Ukiah, CA 95482 Telephone: (707) 462-6846 Facsimile: (707) 462-4235 marston1@pacbell.net Attorney for Plaintiffs 12 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 13 14 15 ANDREW ALLEN, et al., 16 17 18 19 Plaintiffs, v. No. 1:16-cv-04403 STIPULATION OF THE PARTIES REQUESTING SECONDAMENDED SUMMARY JUDGMENT BRIEFING SCHEDULE UNITED STATES OF AMERICA, et al., Defendants. 20 21 Date: September 27, 2017 Time: 2:00 p.m. Judge: Honorable William H. Orrick Courtroom: 2 on the 17th Floor 22 23 24 25 26 27 28 Pursuant to Civil L.R. 6-1 and Civil L.R. 6-2, the Parties, through their undersigned legal counsel, hereby stipulate and request as follows: 1. August 21, 2017, the Court issued an Order granting the Federal Defendants request to file their reply brief in support of their motion for summary judgment to September 12, 2017. In the Order, the Court also continued the hearing date on the parties cross-motions for summary judgment to September 27, 2017, at 2:00 p.m. 1 STIPULATION OF THE PARTIES REQUESTING AMENDED SUMMARY JUDGMENT BRIEFING SCHEDULE [Case No. 16-cv-04403-WHO] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2. Under the current briefing schedule, Plaintiffs are required to file their reply brief (“Reply”) in support of their motion for summary judgment and response to Federal Defendants’ crossmotion for summary judgment on August 25, 2017. 3. Counsel for the Plaintiffs has a hearing scheduled in San Diego tomorrow in the case of United States of America v. Fallbrook Public Utilities, United States District Court for the Southern District of California, Case No. 51 cv 1247 GPC and a brief due this Friday, August 25, 2017, in support of the Defendant’s, Ho-Chunk Nation’s, motion for judgment on the pleadings in the case of Stockbridge-Munsee v. State of Wisconsin, et. al., United States District Court for the Western District of Wisconsin, Case No. 17-cv-249-JDP. 4. In addition, unexpectedly, on August 16, 2017, the Northern California Agency of the Bureau of Indian Affairs rendered a decision that required Plaintiffs’ Counsel, on behalf of a current client, other than the plaintiffs in this case, to begin drafting a federal court complaint and a motion for a temporary restraining order to prevent the current client from suffering irreparable harm. As a result, Plaintiffs’ Counsel needs additional time to prepare and file its Reply in this case. 5. The parties, therefore, have agreed that Plaintiffs’ Counsel’s Reply shall be filed on or before August 30, 2017. 6. This request, granting the Plaintiffs a three day continuance to file their Reply, will not change the September 12, 2017, date scheduled for Federal Defendants to file their reply to Plaintiffs motion for summary judgment or the September 27, 2017, date for the hearing on the motions. 20 21 22 23 24 25 26 Dated: August 22, 2017 /s/ Lester J. Marston LESTER J. MARSTON Attorney for the Plaintiffs JEFFRY H. WOOD Acting Assistant Attorney General /s/Jody H.Schwarz JODY H. SCHWARZ Attorneys for the Federal Defendants 27 28 2 STIPULATION OF THE PARTIES REQUESTING AMENDED SUMMARY JUDGMENT BRIEFING SCHEDULE [Case No. 16-cv-04403-WHO] 1 2 3 4 5 ORDER Having read the forgoing Stipulation of the parties and good cause appearing therefore, IT IS HEREBY ORDERED that: 1. Plaintiffs will file their reply in support of their cross-motion for summary judgment on or before August 30, 2017. 6 7 8 9 Date: August 23, 2017 _________________________________ HONORABLE WILLIAM H. ORRICK UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION OF THE PARTIES REQUESTING AMENDED SUMMARY JUDGMENT BRIEFING SCHEDULE [Case No. 16-cv-04403-WHO]

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