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Pacific Merchant Shipping Association v. Goldstene

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA -- SACRAMENTO


July 15, 2009

PACIFIC MERCHANT SHIPPING ASSOCIATION ("PMSA"), A CALIFORNIA MUTUAL BENEFIT CORPORATION, PLAINTIFF,
v.
JAMES GOLDSTENE, IN HIS OFFICIAL CAPACITY AS EXECUTIVE OFFICER OF THE CALIFORNIA AIR RESOURCES BOARD, DEFENDANT,
NATURAL RESOURCES DEFENSE COUNCIL, INC., COALITION FOR CLEAN AIR, INC., AND SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT, DEFENDANTS-INTERVENORS.

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

JOINT STIPULATION TO SHORTEN THE TIME FOR NOTICE, PLEADING, AND HEARING OF PLAINTIFF'S MOTION FOR MODIFICATION OF THE COURT'S JUNE 30, 2009 MEMORANDUM AND ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT TO ALLOW IMMEDIATE INTERLOCUTORY APPEAL PURSUANT TO 28 U.S.C. §1292(b); [PROPOSED] ORDER THEREON Local Rule 6-144(e)

TO THE COURT AND ALL RESPECTIVE PARTIES:

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

Plaintiff PMSA intends to file a motion to modify the Court's Memorandum and Order of June 30, 2009, denying PMSA's Motion for Summary Judgment to include findings that would support immediate interlocutory appeal pursuant to 28 U.S.C. §1292(b) (hereinafter referred to as the "Motion for Modification"). Defendant and the Defendant-Intervenors will oppose this motion, but all the parties have agreed that Plaintiff's Motion for Modification may be heard by the Court on shortened time and with shortened notice pursuant to Local Rule 6-144(e). The parties, therefore, stipulate to and propose the following schedule for Plaintiff's Motion for Modification:

1. Hearing on Plaintiff's Motion for Modification: Thursday, July 30, 2009, at 2:00 p.m. in Courtroom 7.

2. Plaintiff will electronically file its Motion for Modification and Memorandum in support thereof no later than 5:00 p.m. on Monday, July 13, 2009.

3. Any Opposition by the Defendant or any of the Defendant-Intervenors to Plaintiff's Motion for Modification must be electronically filed no later than Wednesday, July 22, 2009.

4. Any Reply by Plaintiff must be electronically filed no later than Friday, July 24, 2009.

SO STIPULATED AND AGREED.

Dated: July 13, 2009

FLYNN, DELICH & WISE, LLP Erich P. Wise Nicholas S. Politis Aleksandrs E. Drumalds Attorneys for Plaintiff PACIFIC MERCHANT SHIPPING ASSOCIATION, a California Mutual Benefit Corporation

Edmund G. Brown, Jr. Attorney General of the State of California Nicholas Stern Deputy Attorneys General Attorneys for Defendant JAMES GOLDSTENE, in his official capacity as Executive Officer of the California Air Resources Board NATURAL RESOURCES DEFENSE COUNCIL

David R. Pettit Melissa Lin Perrella Attorneys for Defendants-Intervenors NATURAL RESOURCES DEFENSE COUNCIL and COALITION FOR CLEAN AIR, INC. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT

Kurt R. Wiese Barbara Baird Attorneys for Defendant-Intervenor SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT

ORDER

Based on the foregoing Stipulation, IT IS HEREBY ORDERED that:

Plaintiff's Motion for Modification of the Court's June 30, 2009 Memorandum and Order Denying Plaintiff's Motion for Summary Judgment to Allow Immediate Interlocutory Appeal Pursuant 28 U.S.C. §1292(b) will be heard on shortened time and with shortened notice pursuant to Local Rule 6-144(e).

1. The Motion for Modification is set for hearing on Thursday, July 30, 2009, at 2:00 p.m. in Courtroom 7.

2. Plaintiff must electronically file its Motion for Modification and Memorandum in support thereof no later than 5:00 p.m. on Monday, July 13, 2009.

3. Any Opposition by the Defendant or any of the Defendant-Intervenors to Plaintiff's Motion for Modification must be electronically filed no later than Wednesday, July 22, 2009.

4. Any Reply by Plaintiff must be electronically filed no later than Friday, July 24, 2009.

IT IS SO ORDERED.

20090715

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