South Yuba River Citizens League et al v. National Marine Fisheries Service et al

Filing 320

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 8/6/10: The clerk of the court is directed to select a judge from the list used for post-pretrial settlement conferences. District Judge John A. Mendez is assigned for post-pretrial settlement conference.(Kaminski, H)

South Yuba River Citizens League et al v. National Marine Fisheries Service et al

Doc. 320

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SOUTH YUBA RIVER CITIZENS LEAGUE, and FRIENDS OF THE RIVER, Civil Case No.: 2:06-CV-02845-LKK-JFM Plaintiffs, v. NATIONAL MARINE FISHERIES SERVICE, GARY F. LOCKE, , as Secretary of Commerce, RODNEY MCINNIS, as Regional Administrator of the National Marine Fisheries Service Southwest Region, UNITED STATES ARMY CORPS OF ENGINEERS, JOHN MCHUGH1, as Secretary of the Army, COLONEL WILLIAM J. LEAHY, as District Engineer, Sacramento District, Defendants. STIPULATION AND ORDER OF REFERRAL FOR SETTLEMENT CONFERENCE

John McHugh and William J. Leahy are substituted for their predecessors, Pete Geren and Thomas C. Chapman respectively, pursuant to Fed. R. Civ. P. 25(d).

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Pursuant to Local Rule 143, the following stipulation is entered into between Plaintiffs South Yuba River Citizens League and Friends of the River, and Federal Defendants National Marine Fisheries Service and United States Army Corps of Engineers, et al.: WHEREAS, on July 8, 2010, this Court entered an Order granting in part and denying in part Plaintiffs' motion for summary judgment as to liability, and granting in part and denying in part Federal Defendants' motion for summary judgment as to liability. (Doc. No. 316); WHEREAS, issues regarding liability and remedy remain to be resolved; WHEREAS, the parties have agreed that the interests of judicial efficiency and economy warrant their participation in a court supervised settlement conference, pursuant to Local Rule 270(a); WHEREAS, the parties have agreed that, pursuant to Local Rule 270(b) neither the assigned District Court Judge, nor the assigned Magistrate Judge, will conduct the settlement conference; WHEREAS, the parties request that the settlement conference be referred to another Judge in the Eastern District of California; WHEREAS, the parties have agreed that August 30, 2010 or August 31, 2010 are their first choice of dates for the settlement conference; WHEREAS, the parties have agreed that September 13, 14, 17, 20, 22 and 23, 2010 are potential alternate dates for the settlement conference; NOW, THEREFORE it is hereby stipulated between Plaintiffs and Federal Defendants, by and through counsel, that: 1. Pursuant to LR 270(a), the case is hereby REFERRED to a non-assigned District Judge or Magistrate Judge for a settlement conference. The clerk of the court is directed to select a judge from the list used for post-pretrial settlement conferences. 2. Neither the assigned District Court Judge nor the assigned Magistrate Judge will act as settlement judge. 3. The final schedule for the settlement conference will be determined after consultation with the settlement Judge chosen to preside at the conference.

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3 Dated this 6th day of August, 2010. ORDER Dated: August 5, 2010 Dated: August 5, 2010

Respectfully submitted, /s/ Brian Orion BRIAN ORION Environmental Advocates 5135 Anza Street San Francisco, CA 94121 tel: [phone] fax: [phone] [e-mail] Attorneys for Plaintiffs South Yuba River Citizens League and Friends of the River /s/ Lawson E. Fite LAWSON E. FITE, Trial Attorney (Ore. Bar No. 055573) Wildlife & Marine Resources Section Ben Franklin Station, P.O. Box 7369 Washington D.C. 20044-7369 Phone: [phone] Fax: [phone] Email: [e-mail] Attorney for Federal Defendants

The Court having read and considered the foregoing stipulation, and good cause appearing, IT IS SO ORDERED.