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BNSF Railway Company v. Alameda County, 4:19-cv-07230-HSG. (2019)

Court: District Court, N.D. California Number: infdco20191230462 Visitors: 4
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
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STIPULATION AND ORDER SETTING SCHEDULE FOR PRELIMINARY INJUNCTION BRIEFING AND CONTINUING CASE MANAGEMENT CONFERENCE

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.

Source:  Leagle

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