Klamath-Siskiyou Wildlands Center et al v. United States Forest Service et al

Filing 58

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 3/1/2011 ORDERING 57 The Federal Defendants' response to Plaintiffs' complaint shall be due 21 days from the date of the Ninth Circuit's decision on pltfs' appeal of this Court's Order 41 of 10/8/2010, or 7/11/2011, whichever is later; and that on the date the Federal dfts' response to pltfs' complaint is due, the parties shall file with the Court a status report notifying the Court that the Ninth Circuit has issued a decision 42 on pltf's appeal and that further proceedings may need to be scheduled in this case.(Reader, L)

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IGNACIA S. MORENO Assistant Attorney General Environment & Natural Resources Division United States Department of Justice DAVID B. GLAZER (D.C. 400966) Natural Resources Section Environment & Natural Resources Division United States Department of Justice 301 Howard Street, Suite 1050 San Francisco, California 94105 TEL: (415) 744­6491 FAX: [phone] e-mail: [e-mail] Attorneys for Federal Defendant

9 10 11 UNITED STATES DISTRICT COURT 12 FOR THE EASTERN DISTRICT OF CALIFORNIA 13 SACRAMENTO DIVISION 14 15 16 17 Plaintiffs, 18 v. 19 PATRICIA A. GRANTHAM, et al., 20 Defendants. 21 22 23 24 25 26 27 28
Klamath-Siskiyou Wildlands Center, et al. v. Grantham, et al., No. 2:10-cv-02350-GEB-CMK Stipulation of the Parties and Proposed Order Continuing Deadlines

KLAMATH-SISKIYOU WILDLANDS CENTER, et al.,

No. 2:10-cv-02350-GEB-CMK STIPULATION OF THE PARTIES AND [PROPOSED] ORDER CONTINUING DEADLINES Date: N/A

Time: N/A Courtroom No. 3 Hon. Garland E. Burrell, Jr.

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Federal Defendants Patricia A. Grantham and the U.S. Forest Service; Plaintiffs KlamathSiskiyou Wildlands Center, Environmental Protection Information Center, Klamath Forest Alliance, and Center for Biological Diversity; and Intervenor-Defendants South Bay Timber LLC and Rough and Ready Lumber LLC hereby stipulate, subject to Court approval pursuant to Civil L.R. 144, that the currently scheduled dates in this case be continued as set forth below. In support of this Stipulation, the parties represent as follows: 1. The Federal Defendants' response to the complaint was originally due November 8,

2.

Plaintiffs took an appeal from the Court's denial of their motion for preliminary

injunction (Order of Oct. 8, 2010 [Dkt. #41]), on October 14, 2010 [Dkt. #42]. 3. On November 8, 2010, the parties stipulated, pursuant to Local Civil Rule 144(a), that the

Federal Defendants could have an initial 28-day extension of time, to December 6, 2010, to respond to the complaint [Dkt. #53]. 4. The Federal Defendants' response to the complaint is currently due on March 6, 2011

(Order of Dec. 21, 2010 [Dkt. #56].) 5. 6. Oral argument on Plaintiffs' appeal is scheduled for March 16, 2011. A status (pretrial scheduling) conference has been continued from January 31, 2011, to

May 9, 2011. (Order of Dec. 21, 2010 [Dkt. #56] ¶ 1.) Not less than twenty-one days before the status conference, the parties are required to develop a discovery plan, and the parties are required to file a Joint Status Report not less than fourteen days before the conference. (Id. ¶ 2.) 7. In light of the pending appeal, and subject to Court approval, the parties believe that it

would be reasonable to defer the Federal Defendants' obligation to respond to the complaint until a date 21 days after the Ninth Circuit's ruling on Plaintiffs' appeal, or July 11, 2011, whichever is later. On that date, the parties will to file a further status report with the Court, notifying the Court of the Ninth Circuit's decision. At that time, as appropriate, the Court may reset the status (pretrial scheduling) conference and dates for the discovery plan and Joint Status Report.

Klamath-Siskiyou Wildlands Center, et al. v. Grantham, et al., No. 2:10-cv-02350-GEB-CMK Stipulation of the Parties and Proposed Order Continuing Deadlines

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SO STIPULATED: FOR THE PLAINTIFFS DATED: March 1, 2011 /s/Susan Jane M. Brown (as authorized on February 28, 2011) SUSAN JANE M. BROWN Western Environmental Law Center 4107 N.E. Couch Street Portland, Oregon 97232 Tel: [phone] Fax: [phone] E-mail: [e-mail] FOR THE FEDERAL DEFENDANTS IGNACIA S. MORENO Assistant Attorney General Environment & Natural Resources Division /s/David B. Glazer DAVID B. GLAZER Natural Resources Section Environment & Natural Resources Division United States Department of Justice 301 Howard Street, Suite 1050 San Francisco, California Tel: [phone] Fax: [phone] E-mail: [e-mail]
U U U U

DATED: March 1, 2011

FOR THE INTERVENOR-DEFENDANTS DATED: March 1, 2011 /s/Scott W. Horngren (as authorized on February 28, 2011) SCOTT W. HORNGREN American Forest Resource Council 5100 SW Macadam Ave. Suite 350 Portland, Oregon 97239 Tel: [phone] Fax: [phone] Email: [e-mail]

Klamath-Siskiyou Wildlands Center, et al. v. Grantham, et al., No. 2:10-cv-02350-GEB-CMK Stipulation of the Parties and Proposed Order Continuing Deadlines

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DEAC_Signature-END:

ORDER In consideration of the foregoing Stipulation, good cause having been shown, it is hereby ORDERED that the Stipulation is GRANTED. It is further ORDERED that 1. The Federal Defendants' response to Plaintiffs' complaint shall be due 21 days from the

date of the Ninth Circuit's decision on Plaintiffs' appeal of this Court's Order of Oct. 8, 2010 [Dkt. #41], or July 11, 2011, whichever is later; and that 2. On the date the Federal Defendants' response to Plaintiffs' complaint is due, the parties

shall file with the Court a status report notifying the Court that the Ninth Circuit has issued a decision on Plaintiffs' appeal and that further proceedings may need to be scheduled in this case. SO ORDERED. Date: 3/1/2011 _________________________ GARLAND E. BURRELL, JR. United States District Judge

Klamath-Siskiyou Wildlands Center, et al. v. Grantham, et al., No. 2:10-cv-02350-GEB-CMK Stipulation of the Parties and Proposed Order Continuing Deadlines

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