1 JOHN L. MARSHALL (Cal. Bar No. 145570)

TAHOE REGIONAL PLANNING AGENCY

2 128 Market Street Stateline Nevada, 89449 3 Tel: (775) 303-4882 jmarshall@trpa.gov 4 MARSHA A. BURCH (Cal. Bar No. 170298) 5 LAW OFFICE OF MARSHA A. BURCH 131 S. Auburn Street Grass Valley, CA 95945 6 Tel: (530) 272-8411 mburchlaw@gmail.com 7 Attorneys for Plaintiff 8 Tahoe Regional Planning Agency

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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12 TAHOE REGIONAL PLANNING AGENCY, ) Case No. 2:20-cv-00945-TLN-KJN ) 13 Plaintiff, ) ) 14 vs. ) THIRD STIPULATION AND ORDER TO ) MODIFY SCHEDULING ORDER 15 MOUNTAIN ADDICTION LLC, JUSTIN )

SHEAF, )

16 ) Judge: Honorable Troy L. Nunley Defendants. ) 17 )

) 18 )

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20 Pursuant to Local Rule 143 the parties stipulate and ask the Court to order that the order 21 entered on August 17th, 2021 (Dkt. No. 32)1 be modified by extending the discovery and 22

23 1 “Dkt. No.” refers to the docket number entry for the Court’s electronic filing system. 24 1 dispositive motions deadlines by an additional 60 days to February 15, 2022, and August 19, 2 2022, respectively. 3 “The district court is given broad discretion in supervising the pretrial phase of 4 litigation.” Johnson v. Mammoth Recreations, Inc. (9th Cir. 1992) 975 F.2d 604, 607 (citation 5 and internal quotation marks omitted). Rule 16(b) provides that “[a] schedule may be modified

6 only for good cause and with the judge’s consent.” Fed. R. Civ. P. 16(b)(4). “The schedule may 7 be modified ‘if it cannot reasonably be met despite the diligence of the party seeking the 8 extension.’” Zivkovic v. Southern California Edison Co. (9th Cir. 2002) 302 F.3d 1080, 1087 9 (quoting Johnson, 975 F.2d at 607). 10 Good cause exists for this extension. The parties have agreed to pursue the court’s 11 Voluntary Dispute Resolution (VDR) Program and a neutral was appointed on September 9, 12 2021. The parties have agreed to hold the VDR session on October 29, 2021. The current 13 discovery deadline is December 17, 2021 and the dispositive motion deadline is June 20, 2022. 14 The parties request a 60-day extension to the discovery and dispositive motion deadline to

15 facilitate and focus time and effort on the VDR session. 16 For these reasons, the parties ask the Court for 60-day extensions to the discovery 17 deadline to February 15, 2022 and the dispositive motion deadline to August 19, 2022. 18 19 DATED: October 20, 2021. Respectfully submitted,

TAHOE REGIONAL PLANNING AGENCY

20 By: /s/ John L. Marshall 21 Attorney for Plaintiff, 22 Tahoe Regional Planning Agency jmarshall@trpa.gov 23 24 1 DATED: October 20, 2021. Respectfully submitted,

LAW OFFICE OF MARSHA A. BURCH

2 By: /s/ Marsha Burch 3 Attorney for Plaintiff, 4 Tahoe Regional Planning Agency mburchlaw@gmail.com 5 6 DATED: October 20, 2021. Respectfully submitted,

PORTER SIMON,

7 PROFESSIONAL CORPORATION 8 By: /s/ Louis A. Basile 9 Attorney for Defendants, Mountain Addiction, LLC and 10 Justin Sheaf basile@portersimon.com 1] 12 IT IS SO ORDERED. The discovery deadline is extended to February 15, 2022 and the 13 dispositive motion deadline is extended to August 19, 2022. 14 Dated: October 20, 2021 ry /) 15 {| / 1 | i HMA

7 Troy L. Nunley ] United States District Judge 18 19 20 21 22 23 24

THIRD STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER