California Chamber of Commerce v. Bonta

Opinion

1 || Trenton H. Norris (CA Bar No. 164781) trent.norris@hoganlovells.com 2 || David M. Barnes (CA Bar No. 318547) 3 HOGAN LOVELLS US LLP 4 Embarcadero Center, Suite 3500 4 || San Francisco, California 94111 Telephone: (415) 374-2300 5 || Facsimile: (415) 374-2499 6 Attorneys for California Chamber of Commerce

7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 || | CALIFORNIA CHAMBER OF COMMERCE, | Case No. 2:19-cv-02019-DJC-JDP i Plaintiff, JOINT STIPULATION TO MODIFY D SCHEDULING ORDER; ORDER v. B Judge: Hon. Daniel J. Calabretta ROB BONTA, IN HIS OFFICIAL Action Filed: October 7, 2019 14 CAPACITY AS ATTORNEY GENERAL OF | SAC Filed: April 19, 2023 THE STATE OF CALIFORNIA, Hearing: May 9, 2023 I5 Defendant. 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPUTATION TO MODIFY SCHEDULING ORDER: ORDER

1 JOINT STIPULATION 2 WHEREAS, the Court finalized its Scheduling Order on September 7, 2023 (ECF No. 3 || 248); 4 WHEREAS, Plaintiff California Chamber of Commerce, Defendant Rob Bonta, in his 5 || official capacity as Attorney General of California, and Defendant-Intervenor Council for 6 || Education and Research on Toxics (collectively, the “Parties”) have made no prior requests for 7 || extensions or modifications to the Scheduling Order; 8 WHEREAS, counsel for Defendant have trials in other cases in late April 2024 that 9 || conflict with the motion briefing deadlines in the Scheduling Order, and the parties have agreed it 10 |} will be beneficial to extend the briefing schedule; 11 WHEREAS, due to the Court’s order granting the Motion for Preliminary Injunction (ECF 12 || No. 114) by Plaintiff, which the U.S. Court of Appeals for the Ninth Circuit upheld on March 17, 13 |} 2022, see Cal. Chamber of Commerce v. Council for Educ. & Rsch. on Toxics, 29 F.4th 468 (9th 14 || Cir. 2022), the status quo ante is preserved, insofar as possible, during the pendency of the 15 || proceedings in this action; 16 WHEREAS, the Parties have met and conferred on modifications to the Scheduling Order 17 || and have negotiated a briefing schedule for the anticipated summary judgment motion(s) that they 18 |} request the Court consider; 19 WHEREAS, the Court has not yet set a trial date or final pretrial conference date; 20 IT IS HEREBY STIPULATED by and among the Parties, by and through their respective 21 || attorneys of record, and subject to the approval of the Court, that the Scheduling Order shall be 22 || modified as follows: 23 1. The deadline to disclose expert witnesses, previously set for November 17, 2023, be 24 moved to December 15, 2023; 25 2. The deadline to disclose expert witnesses for rebuttal purposes, previously set for 26 December 15, 2023, be moved to January 19, 2024; 27 3. The cutoff for fact discovery remain as January 12, 2024; 28 4. The cutoff for all expert discovery, previously set for January 12, 2024, be moved to

1 March 15, 2024; 2 5. The deadline to file any motions (except motions for continuances, temporary 3 restraining orders, or other emergency applications), previously set for March 22, 4 2024, be moved to May 10, 2024; 5 6. The hearing on any such motions (except motions for continuances, temporary 6 restraining orders, or other emergency applications), previously set for May 9, 2024 at 7 1:30 PM, be moved to September 19, 2024 at 1:30 PM, or the next available date for 8 the Court; 9 7. Consistent with the foregoing, the Parties have agreed to the following briefing 10 schedule on the motion(s) for summary judgment: 11 a. Defendant will inform Plaintiff by April 26, 2024 whether he plans to file a cross- 12 motion for summary judgment; 13 b. Plaintiff will file its Motion for Summary Judgment (“Motion”) by May 10, 2024; 14 c. Defendant will file his opposition to Plaintiff's Motion, as well as any cross- 15 motion for summary judgment, by June 21, 2024; 16 d. Plaintiff will file its reply in support of its Motion, and its opposition to any cross- 17 motion, by July 26, 2024; 18 e. Defendant will file his reply in support of his cross-motion, if any, by August 16, 19 2024. 20 51 Dated: November 9, 2023 Respectfully submitted, By: ___/s/ Trenton H. Norris Trenton H. Norris 23 HOGAN LOVELLS US LLP Four Embarcadero Center, 35th Floor 24 San Francisco, CA 94111-4024 95 Tel: (415) 374-2300 trent.norris@hoganlovells.com 26 Attorneys for Plaintiff California Chamber of Commerce 27 28

1 |} Dated: November 9, 2023 Respectfully submitted, 2 ROB BONTA 3 Attorney General of California LAURA J. ZUCKERMAN 4 Supervising Deputy Attorney General 5 By: _/s/ Megan K. Hey 6 MEGAN HEY 7 RAFAEL HURTADO Deputy Attorneys General 8 OFFICE OF THE ATTORNEY GENERAL 300 South Spring Street, Suite 1702 9 Los Angeles, CA 90013-1230 10 Telephone: (213) 269-6344 E-mail: Megan.Hey@do}.ca.gov 1 Attorneys for Rob Bonta, Attorney General of the State of California 12 13 || Dated: November 9, 2023 Respectfully submitted, 14 15 By: __/s/ Raphael Metzger Raphael Metzger, Esq. 16 Scott Brust, Esq. METZGER LAW GROUP 17 A Professional Law Corporation 18 401 E. Ocean Blvd., Suite 800 Long Beach, CA 90802 19 Tel: (562) 437-4499 rmetzger@toxictorts.com 20 Attorneys for Intervenor-Defendant, Council for Education and Research on Toxics

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1 [PROPOSED] ORDER 2 Based on the Joint Stipulation of the Parties, and good cause appearing therefor, IT IS ° ORDERED that the Scheduling Order be modified as follows: 1. The deadline to disclose expert witnesses, previously set for November 17, 2023, ° be moved to December 15, 2023; ° 2. The deadline to disclose expert witnesses for rebuttal purposes, previously set ’ for December 15, 2023, be moved to January 19, 2024; 3. The cutoff for fact discovery remain as January 12, 2024; ° 4. The cutoff for all expert discovery, previously set for January 12, 2024, be moved '0 to March 15, 2024; " 5. The deadline to file any motions (except motions for continuances, temporary 2 restraining orders, or other emergency applications), previously set for March 22, 8 2024, be moved to May 10, 2024; 4 6. The hearing on any such motions (except motions for continuances, temporary restraining orders, or other emergency applications), previously set for May 9, 2024 at 1:30 PM, be moved to September 19, 2024 at 1:30 PM; 7. Consistent with the foregoing, the following briefing schedule shall apply to any 8 motion(s) for summary judgment: ” a. Defendant will inform Plaintiff by April 26, 2024 whether he plans to file a cross-motion for summary judgment; a b. Plaintiff will file its Motion for Summary Judgment (“Motion”) by May 2 10, 2024; 23 c. Defendant will file his opposition to Plaintiffs Motion, as well as any “ cross-motion for summary judgment, by June 21, 2024; d. Plaintiff will file its reply in support of its Motion, and its opposition to any *6 cross-motion, by July 26, 2024; e. Defendant will file his reply in support of his cross-motion, if any, by 28 JOINT STIPULATION TO MODIFY SCHEDULING ORDER; ORDER

] August 16, 2024. 2 | ITIS SO ORDERED. 3 4 Dated: November 9, 2023 /s/ Daniel J. Calabretta THE HONORABLE DANIEL J. CALABRETTA 5 UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28