Friends of the River et al v. U.S. Army Corps of Engineers et al

Filing 65

STIPULATION AND ORDER FOR EXTENSION OF TIME TO FILE ADMINISTRATIVE RECORD signed by Judge John A. Mendez on 11/13/12. Defendants shall produce the administrative record to Plaintiff on or before 1/25/2013. Additionally, 60 days after the administrative record is filed, the parties shall file a supplemental joint status report with this Court proposing a new briefing schedule. (Kastilahn, A)

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Ignacia S. Moreno, Assistant Attorney General
Devon Lehman McCune, Trial Attorney
John H. Martin, Trial Attorney
U.S. Department of Justice
Environment and Natural Resources Division
999 18th Street, South Terrace, Suite 370
Denver, CO 80202
Tel: [phone]
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]

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

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FRIENDS OF THE RIVER, DEFENDERS OF
WILDLIFE, and CENTER FOR BIOLOGICAL
DIVERSITY,
Plaintiffs,
v.

Case No. 2:11-cv-01650-JAM -JFM
STIPULATION AND ORDER FOR
EXTENSION OF TIME TO FILE
ADMINISTRATIVE RECORD

UNITED STATES ARMY CORPS OF
ENGINEERS, et al.,
Defendants.

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Stipulation and Proposed Order for Extension
of Time to File Administrative Record
Case No. 2:11-cv-01650-JAM -JFM

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On September 10, 2012, this Court signed an order entering the stipulation by the parties

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that Defendants have until November 9, 2012, to file the administrative record in this case. All

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parties in this case have stipulated that the time for the filing of the administrative record be

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extended to and including January 25, 2013.

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Defendants need additional time to file the administrative record in this case and

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California Department of Fish & Game v. United States Army Corps of Engineers, 2:12-cv-

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1396-JAM-JFM. Defendants are working to complete the administrative record, but have

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encountered a number of delays, largely associated with the size of the record. Currently,

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Defendants’ best estimate is that the record is about 840 gigabytes of electronic data, amounting

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to approximately 7.5 million pages. Defendants are working with a contractor to upload, index,

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and otherwise process the administrative record and have been informed by the contractor that

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production on November 9, 2012, is not possible. As one example of the need for additional

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time, the contractor found that some of the uploaded information to be processed was

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quantitative sampling and testing data in a format that was not intelligible outside of the

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engineering applications for which it was used. As a result, the processing of that data took much

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longer than expected.

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Based on a work plan with a sequence of tasks developed between Defendants and their

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contractor, Defendants expect that they will be able to produce the administrative record to

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Plaintiff on or before January 25, 2013, and request an extension of time until that date.

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Additionally, the parties propose that sixty days after the administrative record is filed, the parties

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will file a supplemental joint status report with this Court proposing a new briefing schedule.

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Respectfully submitted this 9th day of November, 2012,

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s/ Devon Lehman McCune__________
Devon Lehman McCune, Trial Attorney
U.S. Department of Justice
Environment and Natural Resources Division
Natural Resources Section
999 18th Street, South Terrace Suite 370
Denver, CO 80202

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Stipulation and Proposed Order for Extension
of Time to File Administrative Record
Case No. 2:11-cv-01650-JAM -JFM

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Tel: [phone]
Fax: [phone]
Email: [e-mail]

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John H. Martin, Trial Attorney
U.S. Department of Justice
Environment and Natural Resources Division
Wildlife and Marine Resources Section
999 18th Street, South Terrace Suite 370
Denver, CO 80202
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Defendants

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s/ per authorization given on 11/09/2012
Jason Rylander (Pro hac vice)
Defenders of Wildlife
1130 17th Street N.W.
Washington D.C. 20036-4604
Tel: [phone] x145
Fax: [phone]
[e-mail]

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E. Robert Wright (CA Bar No 51861)
Senior Counsel
Friends of the River
1418 20th St., Suite 100
Sacramento, California 95811
Tel: [phone]
Fax: [phone]

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Lisa T. Belenky (CA Bar No. 203225)
D. Adam Lazar (CA Bar No. 237485)
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 Plaintiffs

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Stipulation and Proposed Order for Extension
of Time to File Administrative Record
Case No. 2:11-cv-01650-JAM -JFM

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IT IS SO ORDERED.

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Dated: 11/13/2012
/s/ John A. Mendez____________
United States District Court Judge
John A. Mendez

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Stipulation and Proposed Order for Extension
of Time to File Administrative Record
Case No. 2:11-cv-01650-JAM -JFM

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