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Association of Irritated Residents v. Fred Schakel Dairy

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 26, 2009

ASSOCIATION OF IRRITATED RESIDENTS, AN UNINCORPORATED ASSOCIATION, PLAINTIFF,
v.
FRED SCHAKEL DAIRY, A CALIFORNIA OWNER AND OPERATOR; SCHAKEL PROPRIETORSHIP; FRED SCHAKEL, LIMITED PARTNERSHIP, OWNER AND FAMILY PARTNERSHIP, A CALIFORNIA CALIFORNIA LIMITED LIABILITY OPERATOR; AG RESOURCES III, A DAIRY, A CALIFORNIA GENERAL COMPANY, OWNER; AND SOUTH LAKES PARTNERSHIP, OWNER AND OPERATOR, DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER AFTER STATUS CONFERENCE

On February 26, 2009, at 12:00 p.m. this matter came on for a Status Conference before the Honorable Oliver W. Wanger. Brent J. Newell, appeared for Plaintiff Association of Irritated Residents, and Lee N. Smith and David D. Doyle appeared for Defendants.

After discussing the status of EPA's proposed rulemaking, "Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District," published at 73 Fed. Reg. 9360 (Feb. 20, 2008) (hereafter "EPA rulemaking"), the contents of the parties' joint status report, and taking argument from both sides regarding whether the Court should continue the stay in this matter,

IT IS HEREBY ORDERED:

The case shall remain stayed through May 31, 2009.

Parties shall meet and confer on May 1, 2009, at 10:00 a.m. to discuss the status of the EPA rulemaking and the proposed contents of a Joint Case Management Report ("Report"), which shall be filed no later than May 15, 2009.

The Report shall set forth the remaining tasks and outstanding discovery (including pending discovery motions), the effect on this case of an EPA final agency action on the EPA rulemaking, if any, and set forth a proposed schedule for the remainder of the case through trial.

IT IS SO ORDERED.

20090326

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