Sequoia ForestKeeper v. La Price et al

Filing 50

STIPULATION and ORDER 49 to Continue Deadline to Answer First Amended Complaint, signed by Magistrate Judge Jennifer L. Thurston on 5/22/2017. (Hall, S)

1 PHILLIP A. TALBERT
United States Attorney
2 JOSEPH B. FRUEH
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 E-mail:
[e-mail]
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Federal Defendants
7 Counsel for Plaintiff and Intervenor-Defendant
Listed on Signature Page
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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12 SEQUOIA FORESTKEEPER,

Case No. 1:16-CV-00759-AWI-JLT

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STIPULATION AND PROPOSED ORDER TO
CONTINUE DEADLINE TO ANSWER FIRST
AMENDED COMPLAINT
(Doc. 49)

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Plaintiff,
v.

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ERIC LA PRICE, in his official capacity as
16 District Ranger for the Western Divide Ranger
District of the Sequoia National Forest, et al.,
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Federal Defendants, and

19 SIERRA FOREST PRODUCTS, a California
Corporation,
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Intervenor-Defendant.
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STIPULATION AND PROPOSED ORDER
IT IS HEREBY STIPULATED by and among Plaintiff Sequoia ForestKeeper; Defendants Eric

3 La Price, Alfred Watson, Kevin Elliot, and United States Forest Service (“Federal Defendants”); and
4 Intervenor-Defendant Sierra Forest Products, through their undersigned counsel and subject to Court
5 approval, that the deadline for Federal Defendants and Intervenor-Defendant to file Answers to the First
6 Amended Complaint (“FAC,” ECF No. 46) be continued from May 23, 2017, to 14 days after the Court
7 rules on the parties’ Cross-Motions for Summary Judgment. No Answers need be filed if the Court’s
8 ruling resolves all claims in the FAC.
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The reasons for this Stipulation are as follows:
Plaintiff filed the FAC on May 9, 2017, and thereafter filed a Motion for Summary Judgment

11 (ECF No. 47) on May 12, 2017. Pursuant to the Court’s briefing schedule (ECF No. 40), Federal
12 Defendants and Intervenor-Defendant will be opposing Plaintiff’s Motion and filing their own Motions
13 for Summary Judgment on May 26, 2017. Courts routinely hold that summary judgment motions, like
14 motions under Federal Rule of Civil Procedure 12, toll the deadline for filing a responsive pleading. See
15 Mann v. Lee, No. 07-781, 2009 WL 5178095, at *2 (N.D. Cal. Dec. 22, 2009) (holding that “the filing of
16 defendants’ motion for summary judgment effectively extended the time for defendants to file a
17 responsive pleading until after the motion for summary judgment has been decided,” and collecting
18 cases); see also 10A Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 2718
19 (4th ed. & Supp. 2017) (“[A] summary-judgment motion made prior to an answer should have the
20 benefit of the Rule 12(a) language tolling the period of time in which an answer must be filed.”). The
21 parties believe this case likely will be resolved by a ruling on the pending and impending summary
22 judgment motions, and Answers need not be filed, if at all, until 14 days after a ruling on those motions.
23 Dated: May 22, 2017

PHILLIP A. TALBERT
United States Attorney

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By:

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/s/ Joseph B. Frueh
JOSEPH B. FRUEH
Assistant United States Attorney
Attorneys for Federal Defendants

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STIPULATION AND ORDER TO CONTINUE DEADLINE TO
ANSWER FIRST AMENDED COMPLAINT

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1 Dated: May 22, 2017
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/s/ René P. Voss
(authorized on 5/22/2017)
RENÉ P. VOSS (CA Bar No. 255758)
15 Alderney Road
San Anselmo, CA 94960
Phone: [phone]
Email: [e-mail]
LEAD COUNSEL

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RACHEL S. DOUGHTY
GREENFIRE LAW, PC
1202 Oregon Street
Berkeley, CA 94702
Phone: [phone]
Email: [e-mail]

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Attorneys for Plaintiffs

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12 Dated: May 22, 2017

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/s/ Lawson Fite
(authorized on 5/22/2017)
LAWSON FITE (Ore. Bar #055573)
American Forest Resource Counsel
5100 S.W. Macadam, Suite 350
Portland, Oregon 97239
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

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Attorneys for Intervenor-Defendant

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IT IS SO ORDERED.

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Dated:

May 22, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER TO CONTINUE DEADLINE TO
ANSWER FIRST AMENDED COMPLAINT

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