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National Petrochemical & Refiners Association v. Goldstene

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION


June 9, 2010

NATIONAL PETROCHEMICAL & REFINERS ASSOCIATION, AMERICAN TRUCKING ASSOCIATIONS, THE CENTER FOR NORTH AMERICAN ENERGY SECURITY, AND THE CONSUMER ENERGY ALLIANCE, PLAINTIFFS,
v.
JAMES GOLDSTENE, IN HIS OFFICIAL CAPACITY AS EXECUTIVE OFFICER OF THE CALIFORNIA AIR RESOURCES BOARD; MARY D. NICHOLS, DANIEL SPERLING, KEN YEAGER, DORENE D'ADAMO, BARBARA RIORDAN, JOHN R. BALMES, LYDIA H. KENNARD, SANDRA BERG, RON ROBERTS, JOHN G. TELLES,AND RONALD O. LOVERIDGE, IN THEIR OFFICIAL CAPACITIES AS MEMBERS OF THE CALIFORNIA AIR RESOURCES BOARD; ARNOLD SCHWARZENEGGER IN HIS OFFICIAL CAPACITY AS GOVERNOR OF THE STATE OF CALIFORNIA; AND EDMUND G. BROWN, JR. IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF THE STATE OF CALIFORNIA, DEFENDANTS

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

STIPULATION AND [PROPOSED] ORDER TO CONTINUE MANDATORY SCHEDULING CONFERENCE

WHEREAS on February 2, 2010, Plaintiffs National Petrochemical & Refiners Association, American Trucking Associations, the Center for North American Energy Security, and the Consumer Energy Alliance filed a Complaint for Declaratory and Injunctive Relief and Jury Demand.

WHEREAS on January 28, 2010, Rocky Mountain Farmers Union, Redwood County Minnesota Corn and Soybean Growers, Penny Newman Grain, Inc., Growth Energy, Renewable Fuels Association, Rex Nederend, Nisei Farmers League, the Fresno County Farm Bureau, and the California Dairy Campaign (collectively "RMFU Plaintiffs") filed a Second Amended Complaint for Declaratory and Injunctive Relief (the "Second Amended Complaint") which challenges the same regulation at issue in this action.

WHEREAS Defendants filed motions to dismiss the Complaint in this action and the RMFU Plaintiffs' complaint in the related action which have been briefed and are scheduled to be heard on June 16, 2010, at 8:30 a.m. in Courtroom 4.

WHEREAS the Mandatory Scheduling Conferences for both actions are set for the same day at the Defendants' request and are presently set for June 30, 2010, at 9:15 a.m. in Courtroom No. 9.

WHEREAS Defendants have requested, and both the Plaintiffs and the RMFU Plaintiffs have agreed, to stipulate to continue the Mandatory Scheduling Conference to July 28, 2010, to accommodate the Court's hearing and ruling on the Motions to Dismiss.

WHEREAS all parties are available to conduct the Mandatory Scheduling Conference in these actions on July 28, 2010, and have agreed to hold it on this date.

IT IS HEREBY STIPULATED, by and between Plaintiffs in both actions and Defendants, by and through their respective counsel, that:

1. The Mandatory Scheduling Conference in this Action, previously scheduled for June 30, 2010, should be continued to July 28, 2010, at 9:15 a.m. or such time as may be set by the Court, in Courtroom 9 (6th Floor).

Dated: June 8, 2010

STATE OF CALIFORNIA, DEPARTMENT OF JUSTICE

Mark Poole (as authorized on 6/8/2010)

Mark Poole, Attorneys for Defendant

Dated: June 8, 2010

SIDLEY AUSTIN LLP

Roger R. Martella, Jr., Attorneys for Plaintiffs

Dated: June 8, 2010

NATURAL RESOURCES DEFENSE COUNCIL

David Pettit (as authorized on 6/8/2010)

David Pettit, Attorneys for Applicants Natural Resources

Defense Council, Inc. and Conservation Law Foundation

Dated: June 8, 2010

SIERRA CLUB

Pat Gallagher (as authorized on 6/8/2010)

Pat Gallagher,

Attorneys for Applicant Sierra Club

ORDER

The Court having reviewed the foregoing Stipulation, and good cause appearing therefor:

IT IS HEREBY ORDERED that the Mandatory Scheduling Conference in this action, previously scheduled for June 30, 2010, shall be continued to July 28, 2010, at 9:00 a.m. in Courtroom 9 (6th Floor).

IT IS SO ORDERED.

20100609

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