Conservation Congress v. United States Forest Service, 2:18-cv-02404-JAM-CKD. (2018)
Court: District Court, E.D. California
Number: infdco20181218a01
Visitors: 5
Filed: Dec. 17, 2018
Latest Update: Dec. 17, 2018
Summary: STIPULATION RE PLAINTIFF'S MOTION TO AMEND THE COMPLAINT AND ORDER JOHN A. MENDEZ , District Judge . On December 7, 2018, Plaintiff filed a Motion to file a First Amended Complaint in this action, scheduled for hearing on January 8, 2019. The United States has now had an opportunity to review the First Amended Complaint and discuss the pending motion with Plaintiff's counsel. The parties, by and through their counsel, hereby stipulate as follows: 1. Defendant does not oppose Plaintiff's M
Summary: STIPULATION RE PLAINTIFF'S MOTION TO AMEND THE COMPLAINT AND ORDER JOHN A. MENDEZ , District Judge . On December 7, 2018, Plaintiff filed a Motion to file a First Amended Complaint in this action, scheduled for hearing on January 8, 2019. The United States has now had an opportunity to review the First Amended Complaint and discuss the pending motion with Plaintiff's counsel. The parties, by and through their counsel, hereby stipulate as follows: 1. Defendant does not oppose Plaintiff's Mo..
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STIPULATION RE PLAINTIFF'S MOTION TO AMEND THE COMPLAINT AND ORDER
JOHN A. MENDEZ, District Judge.
On December 7, 2018, Plaintiff filed a Motion to file a First Amended Complaint in this action, scheduled for hearing on January 8, 2019. The United States has now had an opportunity to review the First Amended Complaint and discuss the pending motion with Plaintiff's counsel.
The parties, by and through their counsel, hereby stipulate as follows:
1. Defendant does not oppose Plaintiff's Motion to Amend;
2. Although the First Amended Complaint will be the operative complaint should the Court grant Plaintiff's Motion, it is not the operative document in the pending appeal, Conservation Congress v. US Forest Service, No. 18-17165. The Forest Service expressly reserves, and does not waive, the arguments it has regarding the First Amended Complaint's impact on the pending appeal; and
3. The Forest Service has until January 22, 2019, to answer the First Amended Complaint.
It is so STIPULATED.
ORDER
Based on the parties' stipulation and good cause appearing, the Court HEREBY ORDERS:
1. Plaintiff's Motion to Amend and file the First Amended Complaint ("FAC") is granted;
2. Although the FAC will be the operative complaint going forward, it is not the operative document in the pending appeal, Conservation Congress v. US Forest Service, No. 18-17165. The Forest Service has reserved all arguments it has regarding the FAC's impact on the pending appeal; and
3. The Forest Service has until January 22, 2019, to answer the FAC.
IT IS SO ORDERED.
Source: Leagle
