USA, et al v. Alisal Water Corp, et al

Filing 890

ORDER SETTING BRIEFING SCHEDULE RE 886 DEFENDANTS' MOTION FOR RECONSIDERATION. Opposition due 5/25/2009, reply due 6/1/2009. Signed by Judge Jeremy Fogel on 5/11/09. (jflc2, COURT STAFF) (Filed on 5/11/2009) Modified on 6/3/2009 (gm, COURT STAFF).

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**E-Filed 5/11/09**

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

UNITED STATES OF AMERICA, Plaintiff, v. ALISAL WATER CORPORATION, et al., Defendants.

Case Number C 97-20099 JF (HRL) ORDER1 SETTING BRIEFING SCHEDULE RE DEFENDANTS' MOTION FOR RECONSIDERATION [re: document no. 887]

On May 9, 2009, Defendants filed a motion for reconsideration of the Court's order issued on March 27, 2009 [docket no. 880], as modified by the order issued April 23, 2009 [docket no. 885]. Any opposition to the motion shall be filed on or before May 25, 2009. Any reply shall be filed on or before June 1, 2009. The matter thereafter will be taken under

This disposition is not designated for publication in the official reports.

C a s e No. C 97-20099 JF (HRL) O R D E R SETTING BRIEFING SCHEDULE RE DEFENDANTS' MOTION FOR RECONSIDERATION ( JF L C 2 )

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submission without oral argument unless the parties are notified otherwise by the Court.2

DATED: 5/11/09 __________________________________ JEREMY FOGEL United States District Judge

Defendants' motion arguably violates Civil Local Rule 7-9(a), requiring leave of court before filing a motion for reconsideration. However, application of Rule 7-9(a) is unclear given that judgment has been entered in this case. Even assuming that Rule 7-9(a) does apply, the Court in the exercise of its discretion grants leave to seek reconsideration. 2
C a s e No. C 97-20099 JF (HRL) O R D E R SETTING BRIEFING SCHEDULE RE DEFENDANTS' MOTION FOR RECONSIDERATION ( JF L C 2 )

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This Order was served on the following persons:

County of Monterey

[e-mail] [e-mail], [e-mail]

David Patrick Nemecek , Jr Diana Donabedian Frank G. Tiesen J. Michael Hogan Joe Alfred Izen , Jr

[e-mail] [e-mail], [e-mail] [e-mail] [e-mail], [e-mail] [e-mail]

Jonathan Mark Schwartz Kevin T. Haroff

[e-mail], [e-mail] [e-mail], [e-mail]

Lenard Garsen Weiss Lori Jonas

[e-mail] [e-mail]

Marc Peter Fairman

Mary Grace Perry [e-mail], [e-mail], [e-mail] Paul Daniel Gullion [e-mail], [e-mail] [e-mail], [e-mail]

16 Stephen Gary Varga 17 Steven O'Rourke 18 Vanessa W. Vallarta 19 20 21 22 23 24 25 26 27 28 3
C a s e No. C 97-20099 JF (HRL) O R D E R SETTING BRIEFING SCHEDULE RE DEFENDANTS' MOTION FOR RECONSIDERATION ( JF L C 2 )

[e-mail] [e-mail], [e-mail]