State of California et al v. United States Environmental Protection Agency et al

Filing 67

ORDER by Judge Haywood S. Gilliam, Jr. Granting 66 Motion to Appear by Telephone at Case Management Conference and Motion to Dismiss Hearing. (ndrS, COURT STAFF) (Filed on 10/22/2018)

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HECTOR BALDERAS
Attorney General of New Mexico
BILL GRANTHAM (admitted pro hac vice)
Assistant Attorney General
New Mexico Office of the Attorney General
201 Third Street NW, Suite 300
Albuquerque, New Mexico 87102
[phone]
[e-mail]

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Attorneys for the State of New Mexico

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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STATE OF CALIFORNIA, et al.,

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Plaintiffs,

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v.
UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY, et al.,
Defendants

Case No. 4:18-cv-03237-HSG
NEW MEXICO’S REQUEST TO APPEAR
TELEPHONICALLY FOR CASE
MANAGEMENT CONFERENCE AND
MOTION TO DISMISS HEARING AND
[PROPOSED] ORDER
Conference: October 25, 2018
Time: 2:00 p.m.
Courtroom: 2, 4th Floor, Oakland Courthouse

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Pursuant to Civil L.R. 16-10(a), Plaintiff the State of New Mexico requests an

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order allowing counsel to appear telephonically for the Initial Case Management

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Conference (CMC) currently set for October 25, 2018 at 2:00 p.m. in Courtroom 2, 4th

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Floor (Dkt. No. 63) and the concurrently scheduled hearing on the motion to dismiss

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(Dkt. No. 28) (hearing). The Court previously granted such an order with respect to the

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CMC before it was rescheduled from October 2 to October 25. (Dkt. No. 60).

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New Mexico is one of several State Plaintiffs in this matter (States). Counsel for

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the State of California plans to attend the CMC and hearing in person and is authorized to

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speak for New Mexico and all other States. Regardless, counsel for New Mexico would

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NEW MEXICO’S REQUEST TO APPEAR TELEPHONICALLY FOR CMC/MTD HEARING AND [PROPOSED] ORDER
CASE NO. 4:18-cv-03237-HSG

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like to participate in the CMC and hearing and respectfully requests to appear by

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telephone.

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Counsel makes this request because counsel is not local and would like to save

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costs—which are funded by taxpayer monies—that would be required to attend the CMC

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and hearing in person; (2) the CMC is likely to be of short duration; (3) counsel for all

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parties have discussed the relevant issues at length and do not believe there will be

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significant disputes for the Court to resolve; (4) with respect to the motion to dismiss,

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because New Mexico’s interests align entirely with California’s it is anticipated that

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separate presentation by counsel for New Mexico will be minimal, if even necessary.

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Therefore, New Mexico respectfully requests that the undersigned counsel be

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allowed to appear and participate telephonically at the October 2, 2018 initial CMC.

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Dated: October 18, 2018

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Respectfully Submitted,
/s/ Bill Grantham
BILL GRANTHAM
(admitted pro hac vice)
Assistant Attorney General
201 Third Street NW, Suite 300
Albuquerque, New Mexico 87102
[phone]
[e-mail]
Attorney for New Mexico

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NEW MEXICO’S REQUEST TO APPEAR TELEPHONICALLY FOR CMC/MTD HEARING AND [PROPOSED] ORDER
CASE NO. 4:18-cv-03237-HSG

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[PROPOSED] ORDER

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Before the Court is New Mexico’s Request to Appear Telephonically for the

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Initial Case Management Conference (“CMC”) for October 25, 2018 at 2:00 p.m. in

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Courtroom 2, 4th Floor (Dkt. No. 63) and the concurrent hearing on the motion to dismiss

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(Dkt. No. 28). Upon due consideration, and for good cause shown, New Mexico’s

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request is hereby GRANTED. Counsel shall contact CourtCall at [phone] to

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make arrangements for the telephonic appearance.

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.

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IT IS SO ORDERED.

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DATED this ______ day of October, 2018.
22nd

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________________________________
HON. HAYWOOD S. GILLIAM, JR.
UNITED STATES DISTRICT JUDGE

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[PROPOSED] ORDER
CASE NO. 4:18-CV-03237-HSG