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Legacy v. Rey

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 29, 2010

SIERRA FOREST LEGACY, ET AL., PLAINTIFFS,
v.
MARK REY, IN HIS OFFICIAL CAPACITY AS UNDER SECRETARY OF AGRICULTURE, ET AL., DEFENDANTS.
PEOPLE OF THE STATE OF CALIFORNIA, EX REL. EDMUND G. BROWN JR., ATTORNEY GENERAL, PLAINTIFF,
v.
UNITED STATES DEPARTMENT OF AGRICULTURE, ET AL., DEFENDANTS. AND TUOLUMNE COUNTY ALLIANCE FOR RESOURCES & ENVIRONMENT, ET AL.; CALIFORNIA SKI INDUSTRY ASS'N; QUINCY LIBRARY GROUP, ET AL.; AND CALIFORNIA CATTLEMEN'S ASS'N, DEFENDANT-INTERVENORS.

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

ORDER

Counsel for Plaintiffs in both of the above-captioned related cases have moved for an injunction and partial stay of the Court's November 4, 2009 remedy order in this matter. Both hearings have been noticed for February 25, 2010 at 2:00 p.m.

Concurrently with the filing of their Motions, Plaintiffs' counsel also request an Order Shortening Time so that the issue of relief pending appeal can be resolved as soon as possible. Those requests were both filed on January 15, 2009, and both represent that the Federal Defendants do not object to a shortening of time. The requests also indicate that both Plaintiffs and Defendants have agreed to forego any oral argument on the Motions, and that no Intervenor has expressed any objection. To date, no objection to either having the Motions heard on shortened time, or dispensing with oral argument, has been lodged with the Court.

Consequently, in accordance with the parties' request, the February 25, 2010 hearing date in both cases is vacated. Opposition to the Plaintiffs' Motions, if any, is due not later than Friday, February 5, 2010. Given the fact that Plaintiffs have agreed to forego the filing of any reply, the matter will be deemed submitted after the deadline for filing oppositions on February 5, 2010.

IT IS SO ORDERED.

20100129

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