California Department of Fish and Game v. United States Army Corps of Engineers et al

Filing 24

STIPULATION and ORDER 23 for extension of time signed by Judge John A. Mendez on 11/13/2012. The time for filing the Administrative Record is EXTENDED to and including 1/25/2013. (Marciel, M)

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IGNACIA S. MORENO
Assistant Attorney General
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
Tel: [phone]
Fax: [phone]
Email: [e-mail]
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]
Attorneys for Defendants

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

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CALIFORNIA DEPARMENT OF FISH AND
GAME,

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Plaintiff,

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v.

No. 2:12-CV-01396-JAM-JFM

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STIPULATION AND ORDER FOR
EXTENSION OF TIME TO FILE
ADMINISTRATIVE RECORD

UNITED STATES ARMY CORPS OF
ENGINEERS, and LT. GEN. THOMAS P.
BOSTICK, in his official capacity,

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Defendants.

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STIPULATION AND PROPOSED ORDER FOR E XTENSION OF TIME TO FILE ADMINISTRATIVE RECORD
12-cv-1396-JAM-JFM

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On September 7, 2012, the parties filed a joint status report to this Court proposing a

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schedule that would have Defendants file the administrative record in this case by November 9,

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2012. All parties in this case have stipulated that the time for the filing of the administrative

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record be extended to and including January 25, 2013.

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Defendants need additional time to file the administrative record in this case and
California Department of Fish & Game v. United States Army Corps of Engineers, 2:12-cv1396-JAM-JFM. Defendants are working to complete the administrative record, but have
encountered a number of delays, largely associated with the size of the record. Currently,
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
production on November 9, 2012, is not possible. As one example of the need for additional
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

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much longer than expected.
Based on a work plan with a sequence of tasks developed between Defendants and their

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contractor, Defendants anticipate 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

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

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schedule.

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Respectfully submitted this 9th day of November, 2012,

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KAMALA D. HARRIS
Attorney General of California
SARA J. RUSSELL

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STIPULATION AND PROPOSED ORDER FOR E XTENSION OF TIME TO FILE ADMINISTRATIVE RECORD
12-cv-1396-JAM-JFM
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Supervising Deputy Attorney General

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_s/ per authorization given on 11/9/12______
DEBORAH L. BARNES
State Bar No. 124142
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Department of Fish & Game

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IGNACIA S. MORENO
Assistant Attorney General
Environment & Natural Resources Division

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_s/ Devon Lehman McCune______________
DEVON LEHMAN MCCUNE
U.S. Department of Justice
Environment & Natural Resources Division
Natural Resources Section
999 18th Street, South Terrace, Suite 370
Denver, CO 80202
Telephone: [phone]
Fax: [phone]
[e-mail]

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JOHN H. MARTIN
U.S. Department of Justice
Environment & Natural Resources Division
Wildlife & Marine Resources Section
999 18th Street, South Terrace, Suite 370
Denver, CO 80202
Telephone: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Defendants

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STIPULATION AND PROPOSED ORDER FOR E XTENSION OF TIME TO FILE ADMINISTRATIVE RECORD
12-cv-1396-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 E XTENSION OF TIME TO FILE ADMINISTRATIVE RECORD
12-cv-1396-JAM-JFM
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