Front Range Equine Rescue et al v. Vilsack et al

Filing 31

STIPULATION AND ORDER TRANSFERRING ACTION TO DISTRICT OF NEW MEXICO re 30 STIPULATION WITH PROPOSED ORDER Transferring Action to District of New Mexico filed by Krystle Smith, Return to Freedom, The Humane Society of the United St ates, Deborah Trahan, Front Range Equine Rescue, Ramona Cordova, Cassie Gross, Horses for Life Foundation, Barbara Sink, Marin Humane Society, ORDER TRANSFERRING CASE. Signed by Judge Yvonne Gonzalez Rogers on 7/10/13. (fs, COURT STAFF) (Filed on 7/10/2013)

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SCHIFF HARDIN LLP
BRUCE A. WAGMAN, ESQ. (CSB #159987)
[e-mail]
One Market, Spear Street Tower
Thirty-Second Floor
San Francisco, CA 94105
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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FRONT RANGE EQUINE RESCUE, THE
HUMANE SOCIETY OF THE UNITED
STATES, MARIN HUMANE SOCIETY,
HORSES FOR LIFE FOUNDATION,
RETURN TO FREEDOM, RAMONA
CORDOVA, KRYSTLE SMITH, CASSIE
GROSS, DEBORAH TRAHAN, and
BARBARA SINK,

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Case No. CV-13-03034-YGR

STIPULATION AND (PROPOSED)
ORDER TRANSFERRING ACTION TO
DISTRICT OF NEW MEXICO
(Administrative Procedure Act Case)

Plaintiffs,
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v.
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TOM VILSACK, Secretary U.S. Department
of Agriculture; ELIZABETH A. HAGEN,
Under Secretary for Food Safety, U.S.
Department of Agriculture; and ALFRED A.
ALMANZA, Administrator, Food Safety and
Inspection Service, U.S. Department of
Agriculture,

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Defendants.
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Pursuant to Civil Local Rules 7-1(a)(5) and 7-12, the parties present this stipulation and
request for an order transferring this action from this Court to the District of New Mexico.
1. On July 8, pursuant to the Court’s Scheduling Order [Dkt. 20], Defendants filed their
motion to dismiss or transfer venue [Dkt. 26].

S CHIFF H ARDIN LLP
ATTORNEYS AT LAW
SAN FRANCISCO

Case No. CV-13-3034-YGR
STIPULATION AND (PROPOSED) ORDER TRANSFERRING ACTION TO DISTRICT OF NEW MEXICO

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2. Having further conferred, the parties have agreed that the District of New Mexico is a

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proper venue for this action. The parties further agree to a voluntary transfer to the District of

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New Mexico, and hereby request this Court to enter an order transferring the action.

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3. Given the preliminary relief requested in this action, and the mutually agreed need for

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an expedited hearing on the matter, the parties respectfully request that the Court direct that

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transfer proceeds immediately.

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4. The parties additionally request that the Court further direct the Clerk of the Court that

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this order granting transfer shall take effect upon entry, as an exception to Civil Local Rule 3-14,

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so that the matter can be transferred as soon as possible.

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5. Federal Defendants have advised Plaintiffs that no federal inspections at horse

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slaughter facilities will occur before July 29, 2013. Based on this information, the parties agree

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and request that the Court’s scheduling order [Dkt. 20] be vacated.

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Dated: July 10, 2013

SCHIFF HARDIN LLP

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By: s/ Bruce A. Wagman
BRUCE A. WAGMAN
Attorneys for Plaintiffs

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Dated: July 10, 2013

U.S. DEPARTMENT OF JUSTICE – ENRD

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By: s/ Alison D. Garner
ALISON D GARNER
Attorneys for Defendants

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S CHIFF H ARDIN LLP
ATTORNEYS AT LAW
SAN FRANCISCO

Case No. CV-13-3034-YGR
STIPULATION AND (PROPOSED) ORDER TRANSFERRING ACTION TO DISTRICT OF NEW MEXICO

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ORDER TRANSFERRING ACTION TO DISTRICT OF NEW MEXICO

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1. On July 8, pursuant to the Court’s Scheduling Order [Dkt. 20], Defendants filed their
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motion to dismiss or transfer venue [Dkt. 26].
2. Having further conferred, the parties have agreed to a voluntary transfer to the District

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of New Mexico, and have requested that this Court enter an order transferring the action. The

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Court finds that the District of New Mexico is a proper venue for this action.

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3. Given the preliminary relief requested in this action, and the mutually agreed need for
an expedited hearing on the matter, the Court directs that transfer proceed immediately.
4. The Court further directsthe Clerk of the Court that this order granting transfer shall

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take effect immediately upon entry, as an exception to Civil Local Rule 3-14, and that the matter

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can be transferred as soon as possible.

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5. The Court’s scheduling order [Dkt. 20] is vacated.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
This Order terminates Dkt. Nos. 22 and 30.
motions are terminated at moot.

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July 10
Dated: ____________, 2013

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All other pending

__________________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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S CHIFF H ARDIN LLP
ATTORNEYS AT LAW
SAN FRANCISCO

Case No. CV-13-3034-YGR
STIPULATION AND (PROPOSED) ORDER TRANSFERRING ACTION TO DISTRICT OF NEW MEXICO