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Pacific Merchant Shipping Association v. Goldstene

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO


May 22, 2009

PACIFIC MERCHANT SHIPPING ASSOCIATION, A CALIFORNIA MUTUAL BENEFIT CORPORATION, PLAINTIFF,
v.
JAMES GOLDSTENE, IN HIS OFFICIAL CAPACITY AS EXECUTIVE OFFICER OF THE CALIFORNIA AIR RESOURCES BOARD, DEFENDANT.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

JOINT STIPULATION TO EXCEED THE COURT'S PAGE LIMITATIONS FOR BRIEFING IN SUPPORT OF OR OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT; ORDER

JOINT STIPULATION TO EXCEED THE COURT'S PAGE LIMITATIONS FOR BRIEFING IN SUPPORT OF OR MOTION FOR SUMMARY JUDGMENT; [PROPOSED] ORDER THEREON TO THE COURT AND ALL RESPECTIVE PARTIES:

IT IS HEREBY STIPULATED by and between Plaintiff Pacific Merchant Shipping Association ("PMSA"), Defendant James Goldstene, and Proposed Defendant-Intervenors National Resources Defense Council, Coalition for Clean Air, Inc., and South Coast Air Quality Management District, through their counsel of record, that:

1. Subject to Court approval of this stipulation, Plaintiff, Defendant, and the Proposed Defendant-Intervenors shall have leave to file Memorandums of Points and Authorities of thirty pages in 12 point Times New Roman font (not including the Table of Contents and Table of Authorities to be filed therewith) in support of or in opposition to the Motion for Summary Judgment that Plaintiff PMSA intends to file on or before May 22, 2009, in the captioned matter. By this Stipulation, the Parties do not agree to any briefing or hearing schedule related to PMSA's Motion of Summary Judgment and this stipulation does not request an Order from the court with respect to such schedule;

2. The reason for this stipulation is that by this action, PMSA seeks to enjoin permanently the Executive Director of the California Air Resources Board ("CARB") from enforcing §2299.2 of Title 13 and §93118.2 of Title 17 of the California Code of Regulations outside California's three-mile seaward boundary and for a declaration that the regulations are preempted by on the Submerged Lands Act, 43 U.S.C. §§ 1301 et seq. ("SLA"), and the Supremacy Clause insofar as they apply seaward of that boundary.

3. The plaintiff's motion will be filed before the Pretrial (Status) Scheduling Order is issued. PMSA's Motion for Summary Judgment is a potentially dispositive motion that presents a complex question of preemption with respect to matters of significant public concern. The legal issues presented by the motion require thorough and detailed briefing and were left undecided in the previous case of Pacific Merchant Shipping Association v. Goldstene, 517 F.3d 1108 (9th Cir. 2008); Pacific Merchant Shipping Association v. Goldstene, Case No. 06-CV-0279l-WBS-KJM.

4. Based on the foregoing, Plaintiff, Defendant, and the Proposed Defendant- Intervenors request an order allowing them to file Memorandums of Points and Authorities in support of or in opposition to PMSA's Motion for Summary Judgment in the current action that does not exceed thirty pages in order to present the issues for full and proper consideration by the Court.

SO STIPULATED AND AGREED.

ORDER

Based on the foregoing Stipulation, IT IS HEREBY ORDERED that: Plaintiff, Defendant, and the Proposed Defendant-Intervenors may file Memorandums of Points and Authorities not to exceed thirty pages in length in 12 point Times New Roman font in support of or in opposition to Plaintiff's Motion for Summary Judgment to be filed on or before May 22, 2009.

20090522

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