Center for Sierra Nevada Conservation, et al., v. United States Forest Service, et al

Filing 16

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 11/9/09 re 15 ORDERING that any amended complaint to include, inter alia, a claim under the Endangered Species Act, will be filed by Plaintiffs on or before December 3, 2009. Defe ndants will file their answer or other responsive pleading on or before February 11, 2010. The Status (Pretrial Scheduling) Conference is RESET for 2/22/2010 at 02:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Duong, D) Modified on 11/10/2009 (Duong, D).

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JOHN C. CRUDEN Acting Assistant Attorney General Environment and Natural Resources Division Jason A. Hill, D.C. Bar No. 477543 John P. Tustin, Texas Bar No. 24056458 Trial Attorneys U.S. Department of Justice Environment and Natural Resources Division Natural Resources Section P.O. Box 663 Washington, DC 20044-0663 Phone: [phone] (Hill) Phone: [phone] (Tustin) Fax: [phone] [e-mail] [e-mail] Attorneys for Defendants

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

CENTER FOR SIERRA NEVADA., 18 CONSERVATION, et al 19 20 21 22 23 24 25 26 27 28

) ) ) Plaintiffs, ) ) v. ) ) UNITED STATES FOREST SERVICE, et al.,) ) Defendants. )

Case No. 2:09-cv-02523-LKK-JFM STIPULATION AND ORDER REGARDING PLAINTIFFS' FIRST AMENDED COMPLAINT AND EXTENSION OF TIME FOR DEFENDANTS TO FILE DEFENSIVE PLEADINGS

This matter was filed on September 9, 2009. Plaintiffs assert violations arising under the National Environmental Policy Act, the National Forest Management Act, and the Administrative Procedures Act, inter alia, against the Defendants' decision as contained in the Eldorado National Forest Public Wheeled Motorized Travel Management Record of Decision, 2:09-cv-02523-LKK-JFM Stip. and Order Re: P's 1st Amd. Cmplt. and Ext'n Time D's Ans.

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dated March 31, 2008. Additionally, Plaintiffs sent a 60-day notice letter alleging violations of the Endangered Species Act on or about September 4, 2009, and Plaintiffs intend to amend their original complaint to include, inter alia, a claim under the Endangered Species Act. Defendants' answer or other responsive pleading is currently due on or about November 16, 2009. A Status (Pretrial Scheduling) Conference is currently set for December 14, 2009 at 1:30 p.m. The parties have agreed and stipulate to the following: 1. Any amended complaint to include, inter alia, a claim under the Endangered Species Act, will be filed by Plaintiffs on or before December 3, 2009; and 2. Defendants will file their answer or other responsive pleading on or before February 11, 2010. 3. The Status (Pretrial Scheduling) Conference will be reset to some date after February 19, 2010. Respectfully submitted November 6, 2009. JOHN C. CRUDEN Acting Assistant Attorney General Environment and Natural Resources Division /s/ Jason A. Hill _ JASON A. HILL, D.C. Bar No. 477543 JOHN P. TUSTIN, Texas Bar No. 24056458 Trial Attorneys Natural Resources Section Environment and Natural Resources Division United States Department of Justice Benjamin Franklin Station, P.O. Box 663 Washington, D.C. 20044-0663 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Federal Defendants Lisa T. Belenky Center for Biological Diversity 351 California Street, Suite 600 San Francisco, CA 94104 Telephone: [phone] x307 2:09-cv-02523-LKK-JFM Stip. and Order Re: P's 1st Amd. Cmplt. and Ext'n Time D's Ans.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: November 9, 2009

Facsimile: [phone] [e-mail] * by email permission sent 11/6/09 /s/ David A. Bahr * David A. Bahr Erik Schlenker-Goodrich Western Environmental Law Center 1216 Lincoln Street Eugene, OR 97401 Telephone: [phone] x 108 Facsimile: [phone] [e-mail] [e-mail] Attorneys for Plaintiffs ORDER 1. Any amended complaint to include, inter alia, a claim under the Endangered Species Act, will be filed by Plaintiffs on or before December 3, 2009; and 2. Defendants will file their answer or other responsive pleading on or before February 11, 2010. 3. The Status (Pretrial Scheduling) Conference is reset to February 22, 2010 at 2:30 p.m.

2:09-cv-02523-LKK-JFM Stip. and Order Re: P's 1st Amd. Cmplt. and Ext'n Time D's Ans.

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