Marsh

MEMORANDUM DECISION AND ORDER

This matter came before the court, the Honorable Gordon Thompson, Jr., Chief Judge, presiding, for hearing Motions to Dismiss, or Alternatively for Summary Judgment, Chula Vista’s Cross-Claim and for Approval of the Proposed Settlement Agreement. On April 5, 1988, the court heard oral argument on the motions. Laurens Silver appeared for Plaintiffs SIERRA CLUB and LEAGUE FOR COASTAL PROTECTION; Eileen Sobeck appeared on behalf of the FEDERAL DEFENDANTS; Donald Worley for the Defendant SANTA FE LAND IMPROVEMENT COMPANY, Robert L. Meyer for defendant CAL-TRANS, Barbara Baird for the COUNTY OF SAN DIEGO, and William Grauer for defendant and cross-claimant CHULA VISTA.

At the hearing, the court ruled that the motion to dismiss would be construed as a motion for summary judgment. Following the hearing the court issued an order permitting the parties to engage in an expedited discovery process for one week. CHU-LA VISTA was granted until April 14, 1988, to file any additional opposition papers and supporting documents. The moving parties had until April 19, 1988 to submit additional reply materials. A hearing was held on April 25, 1988. The same…