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League to Save Lake Tahoe v. Tahoe Regional Planning Agency

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION


May 21, 2009

LEAGUE TO SAVE LAKE TAHOE AND SIERRA CLUB, PLAINTIFFS,
v.
TAHOE REGIONAL PLANNING AGENCY, DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Lawrence K. Karlton

STIPULATION AMONG ALL PARTIES AND ORDER

WHEREAS,

1. On April 7, 2009, the Court consolidated the actions League to Save Lake Tahoe v. TRPA (No. 2:08-cv-2828) and Shorezone Property Owners Association v. TRPA (No. 2:08-cv-3081) under the above-entitled case name and number. (Dkt. No. 19.)

2. The two actions "involve substantially the same questions of fact and law," as determined in the Court's January 6, 2009 Related Case Order (Dkt. No. 10), and each of the plaintiff's interests may be affected by the Court's adjudication of claims in the other action.

3. For the foregoing reasons, the parties hereby stipulate that each set of plaintiffs in each action may participate fully in the merits briefing and hearing of the other action.

4. The parties also stipulate to the following adjustments to the Court's April 7, 2009 Order. Defendant Tahoe Regional Planning Agency's ("TRPA") time to file the administrative record for both consolidated action is May 20, 2009. TRPA requires an additional two weeks to finalize and index the record for filing with the Court. The parties therefore agree to the following revised schedule for production of the administrative record, plaintiffs' review and response thereto, and the rescheduling of the status conference presently scheduled for June 22, 2009:

a. TRPA shall file the administrative record by June 3, 2009.

b. Plaintiffs shall file motions regarding completeness of the administrative record and any supplementation thereof by June 24, 2009.

c. A further status conference shall be set for August 10, 2009 at 3:00 p.m.

Plaintiffs Sierra Club and the League to Save Lake Tahoe retain the right to request postponement of this schedule if filing for a preliminary injunction becomes necessary.

IT IS SO ORDERED.

20090521

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