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

Filing 440

ORDER signed by Judge Lawrence K. Karlton on 12/1/11 ORDERING that defendant's 436 request to shorten time is DENIED. Defendant's 435 Motion for an Extension of Time is SET for hearing on 12/19/2011 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Defendant's Reply Brief is DUE on 12/9/11. All other briefing has already been submitted. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SOUTH YUBA RIVER CITIZENS
LEAGUE and FRIENDS OF THE
RIVER,
NO. CIV. S-06-2845 LKK/JFM

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Plaintiffs,
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v.

O R D E R

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NATIONAL MARINE FISHERIES
SERVICE, et al.,
Defendants.
/

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On November 17, 2011, defendants in this matter filed a

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request to shorten time within which the court will hear a motion

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to extend the deadline for defendants to complete a new Biological

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Opinion (“BiOp”), as required by this court’s July 26, 2011 order.

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That order requires the defendants to complete the new BiOp by

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December 12, 2011. By the time defendants filed their request to

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shorten time, the earliest date for which they could have properly

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noticed their motion to extend the deadline was December 19, 2011.
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Defendants have not explained why they did not properly notice the

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motion earlier, in order to be heard prior to the December 12, 2011

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deadline. Defendants also request a modified briefing schedule, and

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to have the matter submitted on the papers. Plaintiffs have not

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opposed the request to shorten time or to modify the briefing

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schedule. However, the court denies the request. The court may find

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oral argument necessary on this matter, and the modified briefing

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schedule proposed by defendants does not allow the court adequate

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time to properly analyze the issues. The Eastern District of

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California has the heaviest caseload per judge in the country.

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Despite the importance of the issues at stake in the instant case,

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the court cannot be expected to drop everything in order to prepare

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for an expedited hearing, when defendants could have properly

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noticed their motion for hearing before the December 12, 2011

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deadline. The court will, however, permit the motion to extend the

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deadline to be heard on December 19, 2011.

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Accordingly, the court orders as follows:

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[1] Defendant’s request to shorten time, ECF No. 436 is

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DENIED.

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[2] Defendant’s Motion for an Extension of Time, ECF No. 435,

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is

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Defendant’s Reply Brief is due on December 9, 2011. All other

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briefing has already been submitted.

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IT IS SO ORDERED.

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DATED: December 1, 2011.

SET

for

hearing

on

December

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19,

2011

at

10:00

am.