Free Stipulation and Order - District Court of California - California

Case 5:08-cv-01592-RMW

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Filed 08/05/2008

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James L. Buchal, OSB: 92161 MURPHY & BUCHAL LLP 2000 S.W. First Avenue, Suite 320 Portland, OR 97201 [email protected] Telephone: 503-227-1011 Facsimile: 503-227-1034 Attorney Pro Hac Vice for Plaintiff Homer T. McCrary Andrea M. Miller, SBN: 88992 NAGELEY, MEREDITH & MILLER, INC. 8001 Folsom Blvd., Suite 100 Sacramento, CA 95826 [email protected] Telephone: 916-386-8282 Facsimile: 916-386-8952

*E-FILED - 8/5/08*
Attorney for Plaintiff Homer T. McCrary

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION HOMER T. MCCRARY, Plaintiff, v. CARLOS M. GUTIERREZ, et al., Defendants. Case No. CV 08-01592-RMW STIPULATION FOR AN ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND MOTION FOR LEAVE TO APPEAR BY TELEPHONE Date: August 15, 2008 Time: 10:30 a.m. Judge: Hon. Ronald M. Whyte Courtroom 6, 4th Floor

There are currently two matters pending on this Court's calendar: a Case Management Conference (CMC) scheduled for August 15, 2008, and Plaintiff's Motion to Proceed on Existing Administrative Record and Briefs filed July 2, 2008, which motion is scheduled for hearing on

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STIPULATION FOR AN ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND MOTION FOR LEAVE TO APPEAR BY TELEPHONE Case No. CV-08-01592-RMW

Case 5:08-cv-01592-RMW

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Filed 08/05/2008

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August 22, 2008. Federal Defendants will file an opposition to Plaintiff's motion on or before August 1. The Parties to the above captioned matter, through their attorneys of record: James L. Buchal, for Plaintiff, and Robert P. Williams, for Federal Defendants, hereby stipulate that the Court may enter an order permitting the continuance of the CMC to August 22, 2008, thus combining the two matters. The basis for this stipulation is as follows: the vacation plans of Mr. Buchal and the desire of the Parties to minimize burden to the Court and themselves. This case is an Administrative Record review case, which the Parties anticipate will be resolved without the need for discovery and through cross-motions for summary judgment. The Parties therefore are confident that the matters to be discussed and resolved during the CMC and the hearing on Plaintiff's motion can be adequately addressed by telephone. Lead counsel for both Parties also reside out-of-state, and therefore granting this request would save considerable time and expense for the Parties. Therefore, pursuant to Local Rule 16-10(a), the Parties hereby request permission to participate in the CMC and in the hearing on Plaintiff's motion by telephone. For the foregoing reasons the parties request that this court execute the Order below. Respectfully submitted this July 25, 2008, /s/ James L. Buchal James L. Buchal OSB #92161 MURPHY & BUCHAL LLP 2000 S.W. First Avenue, Suite 320 Portland, OR 97201 Tel: 503-227-1011 Fax: 503-227-1034 Attorney Pro Hac Vice for Plaintiff /s/ Robert P. Williams Robert P. Williams, Trial Attorney U.S. Department of Justice Environment & Natural Resources Division Wildlife & Marine Resources Section Tel: (202) 305-0206 Fax: (202) 305-0275 Attorney for Federal Defendants

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STIPULATION FOR AN ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND MOTION FOR LEAVE TO APPEAR BY TELEPHONE Case No. CV-08-01592-RMW

Case 5:08-cv-01592-RMW

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Filed 08/05/2008

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THE FOREGOING STIPULATION IS APPROVED AND SO ORDERED.

8/5 Dated: ______________________, 2008.

__________________________________ Ronald M. Whyte, U.S. District Judge

*The Court grants the parties request to appear by telephone for the motion hearing and CMC. The Clerk of Court will initiate the conference call on that day between the hours of 9:00 a.m. to 11:30 a.m. Therefore, counsel are directly to fax over a letter to the Clerk with your direct phone numbers to: Jackie Lynn Garcia, Clerk, Fax No.: (408) 535-5329.

STIPULATION FOR AN ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND MOTION FOR LEAVE TO APPEAR BY TELEPHONE Case No. CV-08-01592-RMW