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NATURAL RESOURCES DEFENSE COUNCIL v. ZINKE, 1:05-cv-01207 LJO-EPG. (2017)

Court: District Court, E.D. California Number: infdco20171120875 Visitors: 1
Filed: Nov. 17, 2017
Latest Update: Nov. 17, 2017
Summary: REVISED STIPULATION AND SCHEDULING ORDER LAWRENCE J. O'NEILL , District Judge . RECITALS WHEREAS, the parties filed a Stipulation and (Proposed) Scheduling Order on October 30, 2017, see Dkt. 1136; WHEREAS, the Court issued a minute order on November 7, 2017, stating that, although "[m]ost of the [stipulation's] proposals are reasonable and will be approved," it was "the Court's strong preference to set a firm trial date," Dkt. 1139, which the stipulation lacked; WHEREAS, the Court's m
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REVISED STIPULATION AND SCHEDULING ORDER

RECITALS

WHEREAS, the parties filed a Stipulation and (Proposed) Scheduling Order on October 30, 2017, see Dkt. 1136;

WHEREAS, the Court issued a minute order on November 7, 2017, stating that, although "[m]ost of the [stipulation's] proposals are reasonable and will be approved," it was "the Court's strong preference to set a firm trial date," Dkt. 1139, which the stipulation lacked;

WHEREAS, the Court's minute order directed the parties to meet and confer to determine a mutually acceptable trial date and to communicate that date to the Court by filing a revised schedule; see id.;

WHEREAS, the parties have met and conferred and determined a mutually acceptable trial date and have confirmed with the Courtroom Deputy that the parties' proposed date is available;

AND WHEREAS, that mutually acceptable trial date takes into account the Court's estimate that it will optimistically need approximately 12 weeks to rule on the parties' cross-motions for summary judgment and maintains the parties' previously-requested 5-month interval between the ruling on summary judgment motions and trial, see id.;

STIPULATION

NOW THEREFORE, counsel for Plaintiffs and Defendants hereby stipulate to the following revised proposed schedule and page limits regarding discovery, briefing of motions for summary judgment, and trial deadlines:1

Schedule

Event Deadline Plaintiffs' motion for summary judgment January 24, 2018 Defendants' oppositions and crossmotions for summary judgment February 23, 2018 Plaintiffs' reply and opposition March 26, 2018 Defendants' replies April 9, 2018 Hearing on motions for summary judgment April 23, 2018 Fact discovery cutoff March 12, 2018 Provided, however, that if issues remain for trial, any party may seek to reopen fact discovery based on a showing of good cause. Expert disclosures September 28, 2018 Rebuttal expert disclosures October 26, 2018 Expert discovery cutoff November 27, 2018 Last day to file joint pretrial statement December 11, 2018 Pretrial conference December 18, 2018 Last day to serve proposed pretrial order January 8, 2019 Last day to file opening trial briefs January 15, 2019 Last day to file answering trial briefs January 29, 2019 First day of trial. February 5, 2019

Page Limits. Each set of Parties — Plaintiffs, Federal Defendants, the SRS Contractors, and the Delta-Mendota Canal Contractors — shall be limited to a maximum of 40 pages for opening and opposition briefs on motions for summary judgment, and a maximum of 20 pages for reply briefs on summary judgment.

ORDER

Pursuant to the Parties' Stipulation, the Court hereby ORDERS that the following schedule for further proceedings in this case is established.

Event Deadline Plaintiffs' motion for summary judgment January 24, 2018 Defendants' oppositions and cross-motions for summary judgment February 23, 2018 Plaintiffs' reply and opposition March 26, 2018 Defendants' replies April 9, 2018 Hearing on motions for summary judgment April 23, 2018 March 12, 2018 Provided, however, that if issues remain for trial, Fact discovery cutoff any party may seek to reopen fact discovery based on a showing of good cause. Expert disclosures September 28, 2018 Rebuttal expert disclosures October 26, 2018 Expert discovery cutoff November 27, 2018 Last day to file joint pretrial statement December 11, 2018 Pretrial conference December 18, 2018 Last day to serve proposed pretrial order January 8, 2019 Last day to file opening trial briefs January 15, 2019 Last day to file answering trial briefs January 29, 2019 First day of trial. February 5, 2019

Pursuant to the Parties' Stipulation, the Court further ORDERS that the following page limits apply to the parties' dispositive motions briefing:

Brief Pages (as to each set of Parties) Plaintiffs' motion for summary judgment 40 Defendants' motions for summary judgment and oppositions 40 Plaintiffs' opposition and reply 40 Defendants' replies 20

IT IS SO ORDERED.

FootNotes


1. By entering this stipulation, Federal Defendants do not waive any argument regarding (i) the proper scope of judicial review for Endangered Species Act ("ESA") claims, or (ii) the propriety of considering extra-record evidence related to ESA claims.
Source:  Leagle

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