In Defense of Animals et al v. United States Department of the Interior et al

Filing 71

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 12/15/10. Motion to Dismiss 68 Hearing, re-set for 3/24/2011 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. (Williams, D)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RACHEL M. FAZIO (CA Bar # 187580) P.O. Box 697 Cedar Ridge, CA 95924 Tel: (530) 273-9290 Fax: (530) 273-9260 rfazio@nccn.net Attorney for Plaintiffs (Additional Counsel on next page) Honorable Morrison England Jr. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION IN DEFENSE OF ANIMALS; DREAMCATHCER WILD HORSE AND BURRO SANCTUARY; BARABARA CLARKE; CHAD HANSON, PhD., and LINDA HAY ) ) ) ) ) ) Plaintiffs, ) ) vs. ) ) UNITED STATES DEPARTMENT OF THE ) INTERIOR; BUREAU OF LAND ) MANAGEMENT; KEN SALAZAR, in his ) official capacity as Secretary of the Interior, ) ROBERT ABBEY, in his official capacity as ) Director of the Bureau of Land Management; ) and KEN COLLUM, Acting Filed Manager of ) the Eagle Lake Field Office, ) Defendants. Case No.: 2:10-cv-1852-MCE-DAD JOINT STIPULATION TO RE-SET THE HEARING DATE ON DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' CASE; ORDER Currently set for: JANUARY 13, 2011 At 2:00 p.m. in Courtroom 7 Re-Set for: MARCH 24, 2011 At 2:00 p.m. in Courtroom 7 In Defense of Animals, et al. v. U.S. Dept. of Interior, et al., 10-1852 Joint Stipulation to Re-Set Defs' Motion to Dismiss PDF created with pdfFactory trial version www.pdffactory.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IGNACIA S. MORENO Assistant Attorney General United States Department of Justice Environment and Natural Resources Division CHARLES FINDLAY, Assistant Chief AYAKO SATO, Trial Attorney Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 Tel: (202) 305-0239 Fax: (202) 305 -0506 ayako.sato@usdoj.gov SETH M. BARSKY, Acting Section Chief KRITSTEN GUSTAFSON, Assistant Chief ERIK E. PETERSEN, Trial Attorney Wildlife and Marine Resources Section Ben Franklin Station, P.O. Box 7369 Washington, D.C. 20044-7369 Tel: (202) 305-0339 Fax: (202) 305-0275 Erik.peteresen@usdoj.gov Attorneys for Federal Defendants The parties, through their undersigned counsel, hereby jointly move to re-set the hearing on Defendants Motion To Dismiss Plaintiffs Case (Dkt #68), from January 13, 2011 at 2:00 p.m. in Courtroom 7 to March 24, 2011 at 2:00 p.m. in Courtroom 7. Plaintiffs' counsels' schedule does not permit for the filing of a meaningful response to Defendants' motion to dismiss under the current timeline allowed pursuant to local rule 78230(c), nor is Plaintiffs' counsel available to attend the hearing currently scheduled for January 13, 2011. Defendants do not object to Plaintiffs' request for additional time to respond to Defendants' motion or to their request to reschedule the hearing to accommodate Plaintiffs' schedule. In Defense of Animals, et al. v. U.S. Dept. of Interior, et al., 10-1852 Joint Stipulation to Re-Set Defs' Motion to Dismiss 1 PDF created with pdfFactory trial version www.pdffactory.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 For the reasons stated herein, the parties respectfully request the Court re-set the hearing on Defendants' Motion to Dismiss Plaintiffs' Case currently scheduled for January 13, 2011 to March 24, 2011 at 2:00 p.m. Respectfully submitted, December 6, 2010, /s/ Rachel M. Fazio RACHEL M. FAZIO Attorney for Plaintiffs /s/ Ayako Sato (with permission 12/6/10) AYAKO SATO ERIK E. PETERSEN Attorneys for Federal Defendants Order For the reasons stated herein, IT IS ORDERED that the hearing on Defendants' Motion to Dismiss Plaintiffs' Case [68] shall be RE-SET for March 24, 2011 at 2:00 p.m. in Courtroom 7. The January 13, 2011 hearing date is HEREBY VACATED. Dated: December 15, 2010 __________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE In Defense of Animals, et al. v. U.S. Dept. of Interior, et al., 10-1852 Joint Stipulation to Re-Set Defs' Motion to Dismiss 2 PDF created with pdfFactory trial version www.pdffactory.com