UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION
August 17, 2012
SIERRA CLUB AND FRIENDS OF THE WEST SHORE, PLAINTIFFS,
TAHOE REGIONAL PLANNING AGENCY, COUNTY OF PLACER, AND BOARD OF SUPERVISORS OF THE COUNTY OF PLACER,
HOMEWOOD VILLAGE RESORTS, LLC AND JMA VENTURES, LLC,
DEFENDANTS AND REAL PARTIES IN INTEREST.
The opinion of the court was delivered by: Judge: Hon. William B. Shubb
STIPULATION FOR LEAVE TO FILE CORRECTED OPENING BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT and [PROPOSED] ORDER Date: December 5, 2012 Time: 9:00 a.m. Place: Courtroom 5
1. On August 9, 2012, Plaintiffs Sierra Club and Friends of the West Shore ("plaintiffs") filed their Motion for Summary Judgment and Opening Brief in Support of Motion for Summary Judgment (Doc. 40-1, "Brief"), per the Court's July 13, 2012 Order on Briefing Schedule (Doc. 38);
2. Since the filing of the Brief, plaintiffs have identified several inadvertent errors in the Brief that, once corrected, would point the Court to plaintiffs' intended references and would allow the Court to more easily follow plaintiffs' argument;
3. None of the corrections would change or add to the substance of plaintiffs' argument; THEREFORE, the parties hereby stipulate that plaintiffs shall be allowed to file a Corrected Brief, attached hereto as Exhibit A, with the following corrections:
a. On page 3, footnote 3, line 28, deletion of an erroneous reference to "plaintiffs' Request for Judicial Notice," and replacement with reference to "Exhibit 1 to the Declaration of Wendy S. Park ("Park Decl.")."
b. On page 8, line 7, correction of the inadvertent transposition of the words "325" and "of."
c. On page 21, lines 17-18, correction of the phrase "which a 'no amendments' alternative have avoid," to "which a 'no amendments' alternative would have avoided."
d. On page 34, line 5, insertion of an inadvertently omitted parenthesis after the word "vegetation."
e. On page 36, line 15, deletion of an erroneous reference to Code section "22.7" and replacement with "22.4.G."
DATED: August 16, 2012 Respectfully submitted, /s/ Wendy S. Park TRENT W. ORR WENDY S. PARK Earthjustice Counsel for Plaintiffs Sierra Club and Friends of the West Shore MICHAEL LOZEAU Lozeau Drury LLP Counsel for Plaintiff Friends of the West Shore /s/ John L. Marshall (authorized 8/15/2012) JOHN L. MARSHALL SCOTT LICHTIG Tahoe Regional Planning Agency ANDREW B. SABEY SCOTT B. BIRKEY Cox, Castle & Nicholson, LLP Counsel for Defendant Tahoe Regional Planning Agency /s/ Karin E. Schwab (authorized 8/15/2012) VALERIE D. FLOOD KARIN E. SCHWAB Placer County Counsel's Office Counsel for Defendants County of Placer and Board of Supervisors of the County of Placer /s/ Howard F. Wilkins III (authorized 8/15/2012) WHITMAN F. MANLEY HOWARD F. WILKINS III Remy Moose Manley, LLP Counsel for Defendants and Real Parties in Interest Homewood Village Resorts, LLC and JMA Ventures, LLC
IT IS SO ORDERED. Plaintiffs are granted leave to file a Corrected Opening Brief in Support of Motion for Summary Judgment, as identified in Exhibit A.
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