Center for Biological Diversity v. Crawley, et al

Filing 32

STIPULATION and ORDER signed by Judge William B. Shubb on 6/10/11: Plaintiff's motion to augment the record due July 1, 2011; Defendants' responsive brief regarding record augmentation due July 15, 2011; Plaintiff's reply due July 22, 2011. (Kaminski, H)

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Sarah Uhlemann (WA Bar No. 41164)*
Cynthia Tuell (AZ Bar No. 025301)*
Center for Biological Diversity
P.O. Box 31001
Seattle, WA 98103-9998
[phone]
[e-mail]
[e-mail]
*Admitted pro hac vice
Lisa T. Belenky (CA Bar No. 203225)
Justin Augustine (CA Bar No. 235561)
Center for Biological Diversity
351 California St., Suite 600
San Francisco, CA 94104
[phone] x307
Fax: [phone]
[e-mail]
[e-mail]

Ignacia S. Moreno
Assistant Attorney General
Kathryn M. Liberatore (NY Bar 4317780)
Trial Attorney
U.S. Department of Justice
Environment & Natural Resources Division
Natural Resources Section
P.O. Box 663
Washington, DC 20044-0663
[phone]
Fax: [phone]
[e-mail]
Attorneys for Defendants

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Attorneys for Plaintiff
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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CENTER FOR BIOLOGICAL
DIVERSITY, a non-profit corporation,

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Plaintiff,

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v.

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Case No. 2:10-cv-02830-WBS-JFM
SECOND STIPULATION TO AMEND
RECORD SUPPLEMENTATION
BRIEFING SCHEDULE

MIKE CRAWLEY, in his official capacity
as District Ranger for the Bridgeport Ranger
District, and UNITED STATES FOREST
SERVICE, an agency of the Department of
Agriculture,
Defendants.

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Stipulation to Extend Time

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Pursuant to Local Rule 143, Plaintiff and Defendants in the above-captioned case, by and
through their attorneys, have conferred and hereby STIPULATE as follows:
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On October 20, 2010, Plaintiff initiated the instant litigation (Dkt. No. 1), and on January

4, 2011, Defendants filed their Answer (Dkt. No. 15).

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2.

Defendants lodged the Administrative Record on March 24, 2011. Dkt. No. 22.

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3.

On April 1, 2011, the Court set a Pretrial Schedule requiring Plaintiff to file any motion

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to augment the Administrative Record by May 27, 2011. Dkt. No. 24.
4.

On May 11, 2011, Plaintiff provided Defendants with a letter setting forth Plaintiff’s

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concerns regarding the scope and content of the Record, and on May 20, 2011, Defendants provided a

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response. On May 23, 2011, Plaintiff requested further clarification of Defendants’ response;

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Defendants expect to provide a written response to Plaintiff’s May 23 letter by June 13, 2011.

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5.

On May 27, 2011, the Court granted parties’ stipulation to extend the record

augmentation briefing scheduling, and Plaintiff’s brief is currently due next Wednesday, June 15.
5.

Although parties have not yet reached an agreement as to the issues raised by Plaintiff,

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parties remain in negotiation, and parties believe extending the current June 15, 2011 deadline for

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Plaintiff’s motion to augment the Record may allow parties to resolve the remaining record issues

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without seeking relief from the Court. In order to allow these discussions to continue and in the interest

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of judicial economy, parties stipulate to a sixteen-day extension for Plaintiff’s motion.

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6.

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Plaintiff’s motion to augment the record will be due July 1, 2011;

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Defendants’ responsive brief regarding record augmentation will be due July 15, 2011;

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Plaintiff’s reply will be due July 22, 2011.

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7.

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Accordingly, parties stipulate to the following schedule for record-related briefing:

Further, parties agree that if record-related briefing is necessary, parties will jointly seek

to amend the April 1, 2011 Pretrial Schedule to extend the deadlines therein as appropriate.

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Respectfully submitted,
Dated: June 10, 2011

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Stipulation to Extend Time

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/s/ Cynthia Tuell_____
Cynthia Tuell (AZ Bar No. 025301)*
Sarah Uhlemann (WA Bar No. 41164)*
Center for Biological Diversity
P.O. Box 31001
Seattle, WA 98103-9998
[phone]
[e-mail]
[e-mail]
*Admitted pro hac vice

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Lisa T. Belenky (CA Bar No. 203225)
Justin Augustine (CA Bar No. 235561)
Center for Biological Diversity
351 California St., Suite 600
San Francisco, CA 94104
[phone] x307
Fax: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiff

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_/s/ Kathryn M. Liberatore (as authorized on 5/XX/11)
IGNACIA S. MORENO
Assistant Attorney General
KATHRYN M. LIBERATORE (NY Bar 4317780)
Trial Attorney
U.S. Department of Justice
Environment & Natural Resources Division
Natural Resources Section
P.O. Box 663
Washington, DC 20044-0663
[phone]
Fax: [phone]
[e-mail]

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Attorneys for Defendants

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Stipulation to Extend Time

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IT IS SO ORDERED this 10th day of June, 2011.

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CERTIFICATE OF SERVICE
I hereby certify that I have caused the foregoing to be served upon counsel of record, as indicated
below, through the Court’s electronic service system (ECF/CM):

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Kathryn M. Liberatore
Email: [e-mail]
Attorney for Defendants
Dated: June 10, 2011

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/s/ Cynthia Tuell_____
Attorney for Plaintiff

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Stipulation to Extend Time

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