Filed: Dec. 26, 2019
Latest Update: Dec. 26, 2019
Summary: STIPULATION AND ORDER SETTING SCHEDULE FOR PRELIMINARY INJUNCTION BRIEFING AND CONTINUING CASE MANAGEMENT CONFERENCE HAYWOOD S. GILLIAM, JR. , District Judge . STIPULATION WHEREAS, Plaintiff BNSF Railway Company ("BNSF") filed a Motion for Preliminary Injunction on December 20, 2019, noticed for hearing on March 5, 2020 at 2 p.m.; WHEREAS, given the winter holidays and additional time required for coordination among the fifteen Defendants, the parties have agreed to propose an extended b
Summary: STIPULATION AND ORDER SETTING SCHEDULE FOR PRELIMINARY INJUNCTION BRIEFING AND CONTINUING CASE MANAGEMENT CONFERENCE HAYWOOD S. GILLIAM, JR. , District Judge . STIPULATION WHEREAS, Plaintiff BNSF Railway Company ("BNSF") filed a Motion for Preliminary Injunction on December 20, 2019, noticed for hearing on March 5, 2020 at 2 p.m.; WHEREAS, given the winter holidays and additional time required for coordination among the fifteen Defendants, the parties have agreed to propose an extended br..
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STIPULATION AND ORDER SETTING SCHEDULE FOR PRELIMINARY INJUNCTION BRIEFING AND CONTINUING CASE MANAGEMENT CONFERENCE
HAYWOOD S. GILLIAM, JR., District Judge.
STIPULATION
WHEREAS, Plaintiff BNSF Railway Company ("BNSF") filed a Motion for Preliminary Injunction on December 20, 2019, noticed for hearing on March 5, 2020 at 2 p.m.;
WHEREAS, given the winter holidays and additional time required for coordination among the fifteen Defendants, the parties have agreed to propose an extended briefing schedule as described below;
WHEREAS, the current deadline for Defendants to respond to Plaintiff BNSF's Motion for Preliminary Injunction is January 3, 2020, and the current deadline for Plaintiff BNSF to file a reply in support of its Motion for Preliminary Injunction is January 10, 2020;
WHEREAS, the parties agree that the deadline for Defendants to file their Opposition(s) to Plaintiff BNSF's Motion for Preliminary Injunction should be extended to and including February 3, 2020;
WHEREAS, the parties agree that the deadline for Plaintiff BNSF to file its Reply in support of its Motion for Preliminary Injunction should be extended to and including February 20, 2020;
WHEREAS, the parties believe that the interest of judicial economy and the convenience of the parties would be served by continuing the Case Management Conference currently set for February 11, 2020 at 2 p.m. to March 5, 2020 at 2 p.m., to coincide with the hearing on Plaintiff BNSF's Motion for Preliminary Injunction;
WHEREAS, the parties have agreed to confer under Rule 26(f) no later than the existing deadline of January 21, 2020 and have agreed that that deadline should not be extended according to the new date of the Case Management Conference; and
WHEREAS, the parties propose to submit their Rule 26(f) report to the Court by February 27, 2020, as part of their Case Management Statement;
NOW THEREFORE, IT IS STIPULATED AND AGREED, by and between Plaintiff and Defendants, and subject to approval of the Court, that:
(1) Defendants shall file their Opposition(s) to Plaintiff BNSF's Motion for Preliminary Injunction on or before February 3, 2020;
(2) Plaintiff BNSF shall file its Reply in support of its Motion for Preliminary Injunction on or before February 20, 2020;
(3) A hearing on Plaintiff BNSF's Motion for Preliminary Injunction will be held on March 5, 2020 at 2 p.m.;
(4) The Case Management Conference currently set for February 11, 2020 at 2 p.m. is continued to March 5, 2020 at 2 p.m., and the parties' Case Management Statement including Rule 26(f) report is to be filed by February 27, 2020; and
(5) The parties' deadline to confer under Rule 26(f) remains January 21, 2020.
DATED: December 23, 2019 MUNGER, TOLLES & OLSON LLP
By: /s/ Jessica Reich Baril
BENJAMIN J. HORWICH
(State Bar No. 249090)
560 Mission Street, Twenty-Seventh Floor
San Francisco, California 94105
Telephone: (415) 512-4000
Facsimile: (415) 512-4077
ben.horwich@mto.com
JESSICA REICH BARIL
(State Bar No. 302135)
350 South Grand Avenue, Fiftieth Floor
Los Angeles, California 90071
Telephone: (213) 683-9100
Facsimile: (213) 683-5164
jessica.baril@mto.com
Attorneys for Plaintiff BNSF Railway Company
DATED: December 23, 2019 DONNA R. ZIEGLER
County Counsel, County of Alameda
By: /s/ Farand C. Kan
FARAND C. KAN
(State Bar No. 203980)
Deputy County Counsel, County of Alameda
1221 Oak Street, Suite 450
Oakland, California 94612
Telephone: (510) 272-6700
Facsimile: (510) 272-5020
farand.kan@acgov.org
Attorneys for Defendant County of Alameda
DATED: December 23, 2019 SHARON L. ANDERSON
Contra Costa County Counsel
By: /s/ Rebecca J. Hooley
Rebecca J. Hooley
(State Bar No. 212881)
Deputy County Counsel, Contra Costa County
651 Pine Street, 9th Floor
Martinez, CA 94553
Telephone: 9925) 335-1854
Facsimile: (925) 646-1078
rebecca.hooley@cc.cccounty.us
Attorneys for Defendant County of Contra Costa
DATED: December 23, 2019 COUNTY COUNSEL, COUNTY OF FRESNO
By: /s/ Daniel C. Cederborg
Daniel C. Cederborg
(State Bar No. 124260)
County Counsel, County of Fresno
2220 Tulare Street, Room 500
Fresno, CA 93721
Telephone: (559) 600-3479
Facsimile: (559) 600-3480 (fax)
dcederborg@fresnocountyca.gov
Attorneys for Defendant County of Fresno
DATED: December 23, 2019 MARGO A. RAISON
County Counsel, Kern County
By: /s/ Jerri S. Bradley
Jerri S. Bradley
(State Bar No. 180341)
Deputy County Counsel, County of Kern
1115 Truxtun Avenue, 4th Floor
Bakersfield, CA 93301
Telephone: (661) 868-3819
Facsimile: (661) 868-3809
jbradley@kerncounty.com
Attorneys for Defendant County of Kern
DATED: December 23, 2019 LEE BURDICK
County Counsel, County of Kings
By: /s/ Diane Walker Freeman
Diane Walker Freeman
(State Bar No. 264330)
Deputy County Counsel
County of Kings
1400 W. Lacey Blvd., Bldg #4
Hanford, CA 93230
Telephone: (559)852-2445
Facsimile: (559)584-0865
diane.freeman@co.kings.ca.us
Attorneys for Defendant County of Kings
DATED: December 23, 2019 COUNTY COUNSEL, COUNTY OF MADERA
By: /s/ Michael R. Linden
Michael R. Linden
(State Bar No. 192485)
Deputy County Counsel, County of Madera
7404 N Spalding Ave.
Fresno, CA 93720
Telephone: (559) 431-5600
Facsimile: (559) 261-9366
mlinden@lozanosmith.com
Attorneys for Defendant County of Madera
DATED: December 23, 2019 COUNTY COUNSEL, MERCED COUNTY
By: /s/ Forrest W. Hansen
Forrest W. Hansen
(State Bar No. 235432)
Assistant County Counsel
Merced County Counsel
2222 M Street, Room 309
Merced, CA 95340
Telephone: (209) 385-7564
Facsimile: (209) 726-1337
forrest.hansen@countyofmerced.com
Attorneys for Defendant County of Merced
DATED: December 23, 2019 COUNTY COUNSEL, ORANGE COUNTY
By: /s/ Steven C. Miller
Steven C. Miller
(State Bar No. 112951)
Senior Deputy County Counsel
County of Orange
333 West Santa Ana Blvd., 4th Floor
Santa Ana, CA 92701
Telephone: (714) 834-3304
steven.miller@coco.ocgov.com
Attorneys for Defendant County of Orange
DATED: December 23, 2019 COUNTY COUNSEL, PLUMAS COUNTY
By: /s/ Gretchen Stuhr
Gretchen Stuhr
(State Bar No. 236869)
Deputy County Counsel III
520 Main Street, Room 302
Quincy, CA 95971
Telephone: (530) 283-6240
GretchenStuhr@countyofplumas.com
Attorneys for Defendant County of Plumas
DATED: December 23, 2019 COUNTY COUNSEL, RIVERSIDE COUNTY
By: /s/ Ronak N. Patel
Ronak N. Patel
(State Bar No. 249982)
Deputy County Counsel, Riverside County
3960 Orange Street, Ste. 500
Riverside, CA 92501
Telephone: (951) 955-6321
Facsimile: (951) 955-6363
RPatel@rivco.org
Attorneys for Defendant County of Riverside
DATED: December 23, 2019 MICHELLE D. BLAKEMORE
County Counsel, County of San Bernardino
By: /s/ Kristina M. Robb
Kristina M. Robb
(State Bar No. 239353)
Deputy County Counsel
San Bernardino County
385 N. Arrowhead Ave., Fl. 4
San Bernrdno, CA 92415
Telephone: (909) 387-5436
KRobb@cc.sbcounty.gov
Attorneys for Defendant County of San
Bernardino
DATED: December 23, 2019 COUNTY COUNSEL, SAN DIEGO COUNTY
By: /s/ Laura E. Dolan
Laura E. Dolan
(State Bar No. 302859)
Senior Deputy County Counsel
Office of County Counsel, San Diego County
1600 Pacific Highway, Room 355
San Diego, CA 92101
Telephone: (619) 531-5801
Laura.Dolan@sdcounty.ca.gov
Attorneys for Defendant County of San Diego
DATED: December 23, 2019 COUNTY COUNSEL, SAN JOAQUIN
COUNTY
By: /s/ Richard Flores
Richard Flores
(State Bar No. 99281)
Assistant County Counsel, County of San Joaquin
44 N. San Joaquin St., Ste. 679
Stockton, CA 95202
County: San Joaquin County
Telephone: (209) 468-2980
Facsimile: (209) 468-0315
rflores@sjgov.org
Attorneys for Defendant County of San Joaquin
DATED: December 23, 2019 THOMAS E. BOZE
Stanislaus County Counsel
By: /s/ Daniel Solish
Daniel Solish
(State Bar No. 279446)
Deputy County Counsel
County of Stanislaus
1010 10th Street, Suite 6400
Modesto, CA 95354
Telephone: (209) 525-6376
Fascimile: (209) 525-4473
solishd@stancounty.com
Attorneys for Defendant County of Stansilaus
DATED: December 23, 2019 DEANNE H. PETERSON
Tulare County Counsel
By: /s/ Kathleen A. Taylor
Kathleen A. Taylor
(State Bar No. 131100)
Chief Deputy County Counsel
County of Tulare
2900 W. Burrel Avenue
Visalia, CA 93230
Telephone: 559-636-4950
Facsimile: 559-737-4319
ktaylor@co.tulare.ca.us
Attorneys for Defendant County of Tulare
Upon presentation of the parties' stipulation and good cause shown, IT IS SO ORDERED.