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

Filing 77

ORDER signed by Magistrate Judge Allison Claire on 08/15/2013 GRANTING the Stipulation 76 to continue motion hearing. Therefore, the hearing regarding the Plaintiff's Motion to Compel set for 8/21/2013 is CONTINUED to 9/4/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Streeter, J)

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mRobert G. Dreher, Acting 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.
UNITED STATES ARMY CORPS OF
ENGINEERS, et al.,
Defendants.

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Stipulation and Proposed Order for Continuance of Motion Hearing
Case No. 2:11-cv-01650-JAM -AC

Case No. 2:11-cv-01650-JAM-AC
STIPULATION AND PROPOSED
ORDER FOR CONTINUANCE OF
MOTION HEARING

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Pursuant to stipulation, L.R. 143 and 251, and the Court’s August 5, 2013 Order (Doc.

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No. 75), the parties, by and through their undersigned counsel, hereby request a fourteen day

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continuance, from August 21, 2013, to September 4, 2013, of the hearing before Magistrate

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Judge Allison Claire on Plaintiffs’ motion to compel production of the administrative record as

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presented in the Fourth Joint Status Report. In support of their request, the parties hereby state

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as follows:

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1. In the time since the Court’s August 5, 2013, order (Doc. No. 75) setting the motion to

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compel for hearing on August 21, 2013, counsel for the parties have had several productive

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discussions regarding Plaintiffs’ issues with the Administrative Record, Defendants’ responses,

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and options to resolve those differences.

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2. The parties seek this continuance to allow them additional time to confer and attempt

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to resolve their differences. As the parties’ discussions have proceeded, they have been able to

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more specifically identify their concerns with the Administrative Record and additional options

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for proceeding. This requested extension will permit the parties to confer further about resolving

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their differences and also enable the parties to submit, if finally necessary, a Joint Statement re

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Discovery Disagreement that explains the basis for the parties’ remaining differences with

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greater precision.

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Accordingly, in order to allow counsel additional time to confer about their differences

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regarding the Administrative Record, the parties request a two week continuance until

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September 4, 2013, of the hearing before Magistrate Judge Allison Claire on Plaintiffs’ motion

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to compel production of the administrative record as presented in the Fourth Joint Status Report.

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Respectfully submitted this 14th day of August, 2013,

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/s/ John H. Martin
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 Continuance of Motion Hearing
Case No. 2:11-cv-01650-JAM -AC

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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/ Jason Rylander (by permission Aug. 14, 2013)
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 Continuance of Motion Hearing
Case No. 2:11-cv-01650-JAM -AC

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IT IS SO ORDERED.

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August 15, 2013

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Stipulation and Proposed Order for Continuance of Motion Hearing
Case No. 2:11-cv-01650-JAM -AC