Filed: May 24, 2016
Latest Update: May 24, 2016
Summary: STIPULATION AND ORDER MODIFYING BRIEFING AND HEARING SCHEDULE JOHN A. MENDEZ , District Judge . Pursuant to L.R. 143 and 144, the undersigned parties hereby stipulate to the following adjustments to the briefing and hearing schedule in this case, which would extend certain deadlines and the hearing date: Deadline Current date New date Plaintiff's Motion for Summary July 6, 2016 July 29, 2016 Judgment (not to exceed
Summary: STIPULATION AND ORDER MODIFYING BRIEFING AND HEARING SCHEDULE JOHN A. MENDEZ , District Judge . Pursuant to L.R. 143 and 144, the undersigned parties hereby stipulate to the following adjustments to the briefing and hearing schedule in this case, which would extend certain deadlines and the hearing date: Deadline Current date New date Plaintiff's Motion for Summary July 6, 2016 July 29, 2016 Judgment (not to exceed 3..
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STIPULATION AND ORDER MODIFYING BRIEFING AND HEARING SCHEDULE
JOHN A. MENDEZ, District Judge.
Pursuant to L.R. 143 and 144, the undersigned parties hereby stipulate to the following adjustments to the briefing and hearing schedule in this case, which would extend certain deadlines and the hearing date:
Deadline Current date New date
Plaintiff's Motion for Summary July 6, 2016 July 29, 2016
Judgment (not to exceed 30
pages)
Federal Defendants' Opposition August 10, 2016 September 9, 2016
and Cross-Motion for Summary
Judgment (30 pages)
Defendant-Intervenor's August 17, 2016 September 16, 2016
Opposition and Cross-Motion
for Summary Judgment (20
pages)
Plaintiff's Combined September 1, 2016 October 3, 2016
Opposition/Reply (30 pages)
Federal Defendants' Reply (15 September 15, 2016 October 19, 2016
pages)
Defendant-Intervenor's Reply September 15, 2016 October 19, 2016
(10 pages)
Hearing November 1, 2016 at 1:30 p.m. December 13, 2016 at 1:30
p.m.
The changes are requested in order to accommodate paternity leave for defendant-intervenor's counsel, which would otherwise conflict with preparation and filing of defendant-intervenor's opening brief, and to give additional time to the other parties for preparation of their briefs. In the event the Court wishes to maintain the current hearing date, the parties do not object; however, the parties have suggested a later hearing date in order to maintain the existing length of time between completion of briefing and the hearing, and because not all parties are available on November 15, the next available hearing date after November 1. Additionally, in the event that the Court approves this stipulation the parties agree that the current suspension on implementation of the Smokey Project shall remain in place until February 13, 2017 or until the Court issues an order resolving the parties' cross-motions for summary judgment, whichever is earlier. Trinity reserves its appellate rights regarding previous orders relating to the suspension but does not intend to seek further modification of the suspension from this Court or any other Court prior to completion of summary-judgment proceedings in this case.
The parties have not jointly requested a previous continuance of the briefing schedule. Plaintiff previously requested ex parte, and obtained, a 60-day continuance of the merits briefing schedule. See Dkt. 89, 93.
Accordingly, the parties request the Court approve this Stipulation, and enter the proposed changes to the briefing and hearing schedule.
Respectfully submitted this 24th day of May, 2016.
The Court having considered the Stipulation of the parties, IT IS SO ORDERED.
