Earth Island Institute et al v. Quinn et al

Filing 72

STIPULATION and ORDER ON PLAINTIFFS' MOTION TO STRIKE THE DECLARATION OF DEAN GOULD signed by Judge Kimberly J. Mueller on 8/11/14. IT IS SO ORDERED: (a) that the parties shall comply with the terms of the stipulation outlined above in paragr aphs 1 and 3; (b) that the declaration of Dean Gould shall only be considered by the Court as being submitted in relation to Defendants arguments on balancing of harms and public interest and (c) Plaintiffs' Motion to Strike the Declaration of Dean Gould is hereby withdrawn. (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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EARTH ISLAND INSTITUTE et al.,
Plaintiffs,

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Case No. 1:14-cv-01140-KJM-SKO

v.
DEAN GOULD, in his official capacity as
Forest Supervisor for the Sierra National
Forest, et. al.,
Defendants.

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Earth Island Inst. v. Gould, No: 1:14-cv-01140-KJM-SKO
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JOINT STIPULATION ON MODIFICATION
TO ORDER (ECF NO. 62)

JOINT STIPULATION AND ORDER
ON PLAINTIFFS’ MOTION TO
STRIKE THE DECLARATION OF
DEAN GOULD

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In accordance with the Joint Stipulation filed by the parties (Doc. No. 61) and the subsequent

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Order adopting the stipulation entered by this Court on August 1, 2014 (Doc. No. 62) the Federal

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Defendants and Plaintiffs have met and conferred regarding Plaintiffs’ Motion to Strike the Declaration

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of Dean A. Gould have agreed to the following:

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1)

Paragraphs 51-63, 65-69, 71-72 and 74-75, shall be removed from Dean
Gould’s Declaration;

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2)
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Dean Gould’s declaration is not an expert declaration, but rather a harm declaration and
shall only be considered as being submitted to support the balancing of harms and public

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interest prongs of the test for preliminary injunction;

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3)

Defendants shall re-file the Declaration of Dean Gould, striking the

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aforementioned paragraphs via the strike-through font effect, such that the

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current numbering in the declaration is not altered and will also produce a version of the

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Declaration without any strike-through font effects for the ease of reading;

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4)

Plaintiffs hereby withdraw their motion to strike and shall respond to Dean Gould’s
Declaration, where such response is warranted, in the briefing currently permitted
by the Court.

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Earth Island Inst. v. Gould, No: 1:14-cv-01140-KJM-SKO
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JOINT STIPULATION AND ORDER
ON PLAINTIFFS’ MOTION TO STRIKE GOULD DEC.

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For the Plaintiffs:
/s/ Rachel M. Fazio
RACHEL M. FAZIO (CA Bar No. 187580)
P.O. Box 897
Big Bear City, CA 92314
[phone]
[e-mail]
JUSTIN AUGUSTINE (CA Bar No. 235561)
Center for Biological Diversity
351 California St., Suite 600
San Francisco, CA 94104
[phone]
Fax: [phone]
[e-mail]

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For the Federal Defendants:
SAM HIRSCH
Acting Assistant Attorney General
Environment & Natural Resources Division
By /s/ Marissa Piropato
MARISSA A. PIROPATO
CHRISTINE HILL
United States Department of Justice
Environment & Natural Resources Division
Trial Attorney, Natural Resources Section
Post Office Box 7611
Washington, D.C. 20044-7611
Tel: [phone] (Piropato)
Tel: [phone](Hill)
Fax: [phone]
E-mail: [e-mail]
E-mail:[e-mail]

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Earth Island Inst. v. Gould, No: 1:14-cv-01140-KJM-SKO
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JOINT STIPULATION AND ORDER
ON PLAINTIFFS’ MOTION TO STRIKE GOULD DEC.

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IT IS SO ORDERED: (a) that the parties shall comply with the terms of the stipulation outlined

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above in paragraphs 1 and 3; (b) that the declaration of Dean Gould shall only be considered by the

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Court as being submitted in relation to Defendants arguments on balancing of harms and public interest

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and (c) Plaintiffs’ Motion to Strike the Declaration of Dean Gould is hereby withdrawn.

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Dated: August 11, 2014.

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UNITED STATES DISTRICT JUDGE

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Earth Island Inst. v. Gould, No: 1:14-cv-01140-KJM-SKO
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JOINT STIPULATION AND ORDER
ON PLAINTIFFS’ MOTION TO STRIKE GOULD DEC.