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Coalition For A Sustainable Delta and v. Exceed Page Limit; Order Federal Emergency Management Thereon

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 4, 2011

COALITION FOR A SUSTAINABLE DELTA AND KERN COUNTY WATER AGENCY, PLAINTIFFS,
v.
EXCEED PAGE LIMIT; ORDER FEDERAL EMERGENCY MANAGEMENT THEREON AGENCY AND WILLIAM CRAIG FUGATE, DATE: N/A IN HIS OFFICIAL CAPACITY AS ADMINISTRATOR OF THE TIME: N/A FEDERAL EMERGENCY MANAGEMENT AGENC; UNITED STATES DEPARTMENT OF HOMELAND LOCATION: COURTROOM NO. 3 SECURITY; AND JANET NAPOLITANO, IN HER ) FRESNO DIVISION OFFICIAL CAPACITY AS SECRETARY OF HOMELAND SECURITY
DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

DEFENDANTS' UNOPPOSED MOTION FOR LEAVE TO

Defendants, the Federal Emergency Management Agency, et al. ("FEMA"), respectfully request leave to file a 16-page reply brief in support of their Motion for Partial Summary Judgment (Dkt. 121). FEMA's reply is due February 7, 2011. Counsel for Plaintiffs has informed the undersigned that Plaintiffs do not oppose this motion. As demonstrated below, good cause exists for granting FEMA leave to file a reply brief not to exceed16 pages.

1. The Court's Standing Order in all civil cases provides that "all moving and opposition briefs or legal memorandum in civil cases shall not exceed 25 pages. Reply briefs filed by moving parties shall not exceed 10 pages."

Defs.' Unopposed Mot. to Case No. 1:09-cv-2024-OWW-GSA

Exceed Page Limit

2. By Order dated November 19, 2010 (Dkt. 128), the Court approved the parties'

Stipulation and granting FEMA leave to file a 36-page memorandum in support of its Motion for Partial Summary Judgment and granting Plaintiffs leave to file an opposition brief not to exceed 40 pages. The parties sought leave to exceed the page limits due to the number and complexity of the issues raised by FEMA's Motion. See Dkt. 127.

3. On January 31, 2011, Plaintiffs filed a 40-page Opposition to FEMA's Motion for

Partial Summary Judgment. Given the number of issues raised in Plaintiffs' Opposition brief, good cause exists for granting FEMA leave to file a reply not to exceed 16 pages.

CONCLUSION

For the foregoing reasons, FEMA's Unopposed Motion for Leave to Exceed Page Limit for its reply brief, such that FEMA may file a reply not to exceed 16 pages, should be granted.

Respectfully submitted,

IGNACIA S. MORENO Assistant Attorney General OF COUNSEL: /s/ Kevin W. McArdle KEVIN W. McARDLE, BARBARA MONTOYA Trial Attorney, DC Bar # 454569 Dep. Assoc. Chief Counsel Kevin.McArdle@usdoj.gov Federal Insurance and Mitigation United States Department of Justice Federal Emergency Management Agency Environment & Natural Resources Division U.S. Department of Homeland Security Wildlife and Marine Resources Section 1800 S. Bell Street, Rm 730 Benjamin Franklin Station, P.O. Box 7369 Arlington, VA 20598-3020 Washington, D.C. 20044-7369 Telephone: (202) 305-0219 Facsimile: (202) 305-0275 Attorneys for Defendants

IT IS SO ORDERED.

Dated: February 4, 2011

20110204

© 1992-2011 VersusLaw Inc.



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