Bay.org et al v. Zinke et al

Filing 47

STIPULATION TO EXTEND DEADLINES AND SCHEDULING ORDER signed by Chief Judge Lawrence J. O'Neill on March 28, 2018. (Munoz, I)

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Claire Woods, State Bar No. 282348
Katherine Poole, State Bar No. 195010
Natural Resources Defense Council, Inc.
111 Sutter Street, 21st Floor
San Francisco, CA 94104
Telephone: [phone]
Fax: [phone]
Email: [e-mail], [e-mail]
Attorneys for Plaintiffs
NICOLE M. SMITH, Trial Attorney
CA Bar Number 303629
U.S. Department of Justice
Environment & Natural Resources Division
Wildlife & Marine Resources Section
Ben Franklin Station, P.O. Box 7611
Washington, D.C. 20044-7611
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Federal Defendants

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BAY.ORG, et al.,

Civ. No. 1:17-cv-01176-LJO-EPG
Plaintiffs,

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v.

STIPULATION TO EXTEND DEADLINES
AND SCHEDULING ORDER

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ZINKE, et al.,
Defendants
and

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STATE WATER CONTRACTORS, et al.,
Defendant-Intervenors.

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RECITALS

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WHEREAS, the Court issued a scheduling order on October 23, 3017, ECF No. 44;

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WHEREAS, in the October 23, 2017 scheduling order the Court stated that the dates set

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in the Court’s order were considered to be firm and would not be modified absent a showing of

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good cause, id.;

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WHEREAS, the Court also stated that stipulations extending already established

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deadlines would not be considered unless such stipulations were accompanied by a declaration,

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id.;

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WHEREAS, accompanying this stipulation is a declaration from Kaylee Allen, Field

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Supervisor for the San Francisco Bay-Delta Fish and Wildlife Office (Attachment 1), explaining

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the Fish and Wildlife Service’s (“Service”) contention that good cause exists to extend the

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deadline for the Service to lodge the Administrative Record for the Service’s Biological Opinion

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for the California WaterFix;

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WHEREAS, the Service contends that considerable time was expended to collect

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potentially relevant documents from current Service and Department of the Interior (“Interior”)

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employees as well as former employees, Allen Decl. ¶¶ 6; 7;

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WHEREAS, the Service contends that the process to acquire a software program

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necessary to handle the size of the record expected in this case and to format and upload the

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documents into the database took longer than originally anticipated; id. at ¶¶ 8, 9, 10, 11;

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WHEREAS, the Service contends that it has four full time staff and five managers

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working to complete the record and has determined that it will need an additional two months to

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complete the Administrative Record, id. at ¶¶ 13, 14;

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WHEREAS, the Service contends that good cause exists to modify the existing schedule;

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WHEREAS, the Plaintiffs have agreed to the Service’s proposed modification in a good

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faith effort to be cooperative;
WHEREAS, the proposed schedule maintains the dispositive briefing and hearing
schedule, as previously set by the Court, (ECF No. 44).
STIPULATION
STIPULATION TO EXTEND DEADLINES

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NOW THEREFORE, counsel for Plaintiffs and Defendants hereby stipulate to the
following revised proposed schedule:

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Schedule
Event
FWS shall lodge the AR
Motion to Supplement Administrative Record
Response to Motion to Supplement Administrative
Record
Reply to Motion to Supplement Administrative Record
Plaintiffs Motion for Summary Judgment on all claims
shall be filed
Defendants’ oppositions and any cross-motion for
summary judgment shall be filed
Plaintiffs’ reply and oppositions to Defendants’ motion
for summary judgment shall be filed
Defendants’ Reply to their cross-motion for summary
judgment shall be filed

Deadline
June 20, 2018
July 10, 2018
July 27, 2018
August 3, 2018
October 10, 2018
November 9, 2018
November 30, 2018
December 21, 2018

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Respectfully submitted,

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Dated: March 27, 2018

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/s/ Nicole M. Smith
Nicole A. Smith
Trial Attorney, CA SBN 303629
U.S. Department of Justice
Environment and Natural Resources Division
Wildlife and Marine Resources Section
Ben Franklin Station
P.O. Box 7611
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for Federal Defendants

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Dated: March 27, 2018

/s/Claire Woods (as authorized March 22, 2018)
Claire Woods
Katherine Poole
Natural Resources Defense Council, Inc.
111 Sutter Street, 21st Floor
San Francisco, California 94104
Telephone: [phone]
Fax: [phone]

STIPULATION TO EXTEND DEADLINES

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Email: [e-mail], [e-mail]

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Attorneys for Plaintiffs

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Dated: March 27, 2018

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Attorney for State Water Contractors and
Metropolitan Water District Defendant-Intervenors

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/s/William M. Sloan (as authorized March 26, 2018)
William M. Sloan
Venable LLP
101 California Street Suite 3800
San Francisco, California 94111
Telephone: [phone]
Email: [e-mail]

Dated: March 27, 2018

/s/Clifford Thomas Lee (as authorized March 23,
2018)
Clifford Thomas Lee
Melinda Pilling
California Attorney General’s Office
455 Golden Gate Ave. Suite 11000
San Francisco, California 94102
Telephone: [phone]
Email: [e-mail];
[e-mail]
Attorneys for Department of Resources DefendantIntervenor

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STIPULATION TO EXTEND DEADLINES

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ORDER

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Pursuant to the Parties’ Stipulation, the Court hereby ORDERS that the following

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Event
FWS shall lodge the AR
Motion to Supplement Administrative Record
Response to Motion to Supplement Administrative
Record
Reply to Motion to Supplement Administrative Record
Plaintiffs Motion for Summary Judgment on all claims
shall be filed
Defendants’ oppositions and any cross-motion for
summary judgment shall be filed
Plaintiffs’ reply and oppositions to Defendants’ motion
for summary judgment shall be filed
Defendants’ Reply to their cross-motion for summary
judgment shall be filed

Deadline
June 20, 2018
July 10, 2018
July 27, 2018
August 3, 2018
October 10, 2018
November 9, 2018
November 30, 2018
December 21, 2018

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IT IS SO ORDERED.

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Dated:

March 28, 2018

/s/ Lawrence J. O’Neill _____
UNITED STATES CHIEF DISTRICT JUDGE