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U.S. v. Regents of the University of California, 2:18-cv-02651-MCE-KJN. (2018)

Court: District Court, E.D. California Number: infdco20181005a20 Visitors: 6
Filed: Oct. 04, 2018
Latest Update: Oct. 04, 2018
Summary: JOINT REQUEST AND ORDER FOR STAY OF INITIAL PRETRIAL SCHEDULING ORDER MORRISON C. ENGLAND, JR. , District Judge . TO THE COURT AND ALL PARTIES AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that all parties to this case (the "Parties") request a stay to the Court's Initial Pretrial Scheduling Order. The Parties include Plaintiff the United States of America, by authority of the Attorney General of the United States and through the undersigned attorneys, acting at the request of the Admini
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JOINT REQUEST AND ORDER FOR STAY OF INITIAL PRETRIAL SCHEDULING ORDER

TO THE COURT AND ALL PARTIES AND THEIR COUNSEL OF RECORD:

PLEASE TAKE NOTICE that all parties to this case (the "Parties") request a stay to the Court's Initial Pretrial Scheduling Order. The Parties include Plaintiff the United States of America, by authority of the Attorney General of the United States and through the undersigned attorneys, acting at the request of the Administrator of the United States Environmental Protection Agency, Plaintiff the California Department of Toxic Substances Control (collectively referred to as "Plaintiffs"), and Defendant Regents of the University of California. The Parties have reached a proposed settlement resolving this case, which was lodged as a proposed Consent Decree with the Court on September 28, 2018 ("Consent Decree") (Document No. 3-1). In that proposed Consent Decree, the Parties agree to waive service of a summons, and also agree that no answer need be filed to the Complaint in this case. Doc. No. 3-1, Consent Decree at ¶ 88.

Under the terms of the lodged proposed Consent Decree, the United States will publish notice in the Federal Register, accept public comment on the proposed Consent Decree for a period of thirty (30) days, and address public comments, if any are received. 28 C.F.R. § 50.7. In the Notice of Lodging that accompanied the proposed Consent Decree, Plaintiffs respectfully requested that the Court not take any action on the proposed Consent Decree at this time. Doc. No. 3, Notice of Lodging, Page 2, Lines 19-21. In that Notice, Plaintiffs also indicated that at the expiration of the public comment period and after Plaintiffs have reviewed and addressed any public comments that are received, the Plaintiffs will either request that the Court enter the proposed Consent Decree, or advise the Court that public comments have been received that warrant Plaintiffs' withdrawal from the Consent Decree. Upon entry by the Court, the Consent Decree would be a final resolution of the above-captioned matter.

Accordingly, the Parties request that the Court stay all deadlines in its Initial Pretrial Scheduling Order, and stay deadlines to complete any related requirements (such as the service of the summons, the filing of an answer, or the filing of forms regarding voluntary dispute resolution or consent to a magistrate judge).

ORDER FOR STAY OF INITIAL PRETRIAL SCHEDULING ORDER

The Court, has considered the JOINT REQUEST FOR STAY OF INITIAL PRETRIAL SCHEDULING ORDER, ("Joint Request for Stay"), and for good cause shown:

The Joint Request for Stay is hereby GRANTED. All deadlines in its Initial Pretrial Scheduling Order, and all deadlines to complete any related requirements (such as the service of the summons, the filing of an answer, or the filing of forms regarding voluntary dispute resolution or consent to a magistrate judge) are hereby stayed.

IT IS SO ORDERED.

Source:  Leagle

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