County of Amador v. The United States Department of the Interior et al

Filing 32

STIPULATION and ORDER signed by Judge John A. Mendez on 4/1/13 ORDERING that the Administrative Record lodging date is EXTENDED from 3/29/163 to 4/26/2013. (Mena-Sanchez, L)

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NIELSEN MERKSAMER
PARRINELLO GROSS & LEONI LLP
CHRISTOPHER E. SKINNELL, ESQ. (S.B. NO. 227093)
2350 Kerner Boulevard, Suite 250
San Rafael, California 94901
Telephone: [phone]
Facsimile: [phone]
CATHY A. CHRISTIAN, ESQ. (S.B. NO. 83196)
1415 L Street, Suite 1200
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
Proposed Plaintiff, and Attorneys for Plaintiff, County of Amador, California
BENJAMIN B. WAGNER
United States Attorney
YOSHINORI H. T. HIMEL (S.B. NO. 66194)
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]

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IGNACIA S. MORENO
Assistant Attorney General
Environment & Natural Resources Division
United States Department of Justice
JUDITH RABINOWITZ
Trial Attorney
Indian Resources Section
Environment & Natural Resources Division
United States Department of Justice
301 Howard Street, Suite 1050
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Federal Defendants

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Parties’ Stipulation for Extension of Administrative Record Lodging Date
and [Proposed] Order
Case No. 2:12-cv-01710

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
COUNTY OF AMADOR, CALIFORNIA,
Plaintiff,

CASE NO. 2:12-cv-01710 JAM
CKD

v.
THE UNITED STATES DEPARTMENT OF THE
INTERIOR; KEN SALAZAR, Secretary of the United
States Department of the Interior; KEVIN
WASHBURN, Assistant Secretary of Indian Affairs,
United States Department of Interior,
Defendants.

PARTIES’ STIPULATION
FOR EXTENSION OF
ADMINISTRATIVE RECORD
LODGING DATE AND
ORDER

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Parties’ Stipulation for Extension of Administrative Record Lodging Date
and [Proposed] Order
Case No. 2:12-cv-01710

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The Parties, Plaintiff County of Amador, California, proposed Plaintiff Cathy Christian,

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and Defendants, the United States Department of the Interior, Kenneth Salazar, Secretary of the

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Interior (“Secretary”), and Kevin K. Washburn, Assistant Secretary for Indian Affairs (“Assistant

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Secretary”)1 (collectively, “Federal Defendants”), by and through their undersigned counsel,

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hereby stipulate to extend the previously designated date for lodging of the Administrative

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Record of the challenged agency decision from March 29, 2013 to April 26, 2013, and request

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that the Court enter their accompanying Proposed Order. The grounds for this stipulation and

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request are as follows:
1. Consistent with the urging of the Court at the February 6, 2013 hearing on their

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respective motions, the Parties are in the process of attempting to settle the contested

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FOIA claim proposed to be joined with Amador County’s Administrative Procedure

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Act challenge via a proposed Second Amended Complaint.
2. The Parties anticipate that their settlement negotiations will have direct bearing on

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certain features of the Administrative Record such that judicial efficiency will best be

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served by allowing for the settlement process to proceed and conclude before lodging

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of the Administrative Record.

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3. The Parties have agreed that a new lodging date of April 26, 2013, should afford them

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sufficient time to consummate a settlement. Should settlement not prove possible,

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Federal Defendants will nonetheless lodge the certified Administrative Record of the

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May 24, 2012 Record of Decision by April 26, 2013.
4. Subsequent to the lodging of the Administrative Record, either party may move to

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supplement it. The Parties anticipate that cross-motions for summary judgment are

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appropriate to resolve the APA claims. After the lodging of the Administrative

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Record, and once any issues regarding its content are resolved, the Parties will file a

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further Joint Status Report setting forth an agreed upon briefing schedule for their

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cross-motions for summary judgment.

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Kevin K. Washburn, Assistant Secretary for Indian Affairs, is substituted for Donald E. Laverdure. This
substitution is automatic under Fed. R. Civ. P. 25(d).

Parties’ Stipulation for Extension of Administrative Record Lodging Date
and [Proposed] Order
Case No. 2:12-cv-01710

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5. No prior extension of the date for lodging of the Administrative Record has been
sought or granted.
Respectfully submitted this 27th day of March, 2013.

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/s/ Christopher E. Skinnell
CHRISTOPHER E. SKINNELL
2350 Kerner Boulevard, Suite 250
San Rafael, California 94901
Telephone: [phone]
Facsimile: [phone]

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/s/ Cathy Christian
CATHY A. CHRISTIAN
1415 L Street, Suite 1200
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]

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BENJAMIN B. WAGNER
United States Attorney
/s/ Yoshinori T. Himel
YOSHINORI H. T. HIMEL
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]

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IGNACIA S. MORENO
Assistant Attorney General
Environment & Natural Resources Division
United States Department of Justice
/s/ Judith Rabinowitz
JUDITH RABINOWITZ
Indian Resources Section
Environment and Natural Resources Division
United States Department of Justice
301 Howard Street, Suite 1050
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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OF COUNSEL:

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REBECCA ROSS
U.S. Department of the Interior
Office of the Solicitor
Division of Indian Affairs
Branch of Environment and Lands
Washington, DC 20240

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Parties’ Stipulation for Extension of Administrative Record Lodging Date
and [Proposed] Order
Case No. 2:12-cv-01710

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

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COUNTY OF AMADOR, CALIFORNIA,
Plaintiff,

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CASE NO. 2:12-cv-01710 JAM
CKD

v.
THE UNITED STATES DEPARTMENT OF THE
INTERIOR; KEN SALAZAR, Secretary of the United
States Department of the Interior; KEVIN
WASHBURN, Assistant Secretary of Indian Affairs,
United States Department of Interior,
Defendants.

ORDER ON PARTIES’
STIPULATION FOR
EXTENSION OF
ADMINISTRATIVE RECORD
LODGING DATE

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Upon consideration of the Parties’ Stipulation for Extension of the Administrative Record
Lodging date, good cause having been shown, it is hereby ORDERED that the

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1.

Stipulation is APPROVED, and

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2.

The Administrative Record lodging date is EXTENDED from March 29, 2013 to

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April 26, 2013.

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IT IS SO ORDERED.

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DATED: 4/1/2013

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/s/ John A. Mendez________________________
HON. JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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Parties’ Stipulation for Extension of Administrative Record Lodging Date
and [Proposed] Order
Case No. 2:12-cv-01710

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