Natural Resources Defense Council Inc. et al v. Evans

Filing 249

STIPULATION AND ORDER re 248 Stipulation, filed by Natural Resources Defense Council Inc., Donald Evans, National Marine Fisheries Service, National Oceanic and Atmospheric Administration. Signed by Judge James Larson on 11/26/08. (wh, COURT STAFF) (Filed on 11/26/2008)

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Laura Pagano, SBN 244079 Selena Kyle, SBN 246069 NATURAL RESOURCES DEFENSE COUNCIL 111 Sutter Street, 20th Floor San Francisco, CA 94104 Telephone: [phone] Fax: [phone] Aaron Colangelo, admitted pro hac vice NATURAL RESOURCES DEFENSE COUNCIL 1200 New York Ave, NW, Suite 400 Washington, DC 20005 Telephone: [phone] Fax: [phone] Attorneys for Plaintiff RONALD J. TENPAS Assistant Attorney General United States Department of Justice Environment & Natural Resources Division JEAN E. WILLIAMS, Chief LISA LYNNE RUSSELL, Assistant Chief KRISTEN BYRNES FLOOM, Trial Attorney (DC Bar No. 469615) Wildlife and Marine Resources Section Benjamin Franklin Station, P.O. Box 7369 Washington, DC 20044-7369 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendants

STIPULATED REQUEST FOR STAY OF SUMMARY JUDGMENT BRIEFING SCHEDULE AND [PROPOSED] ORDER ­ Case No. C 01-0421 JL

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA _________________________________________________ ) NATURAL RESOURCES DEFENSE COUNCIL, INC., ) ) Plaintiff, ) ) v. ) ) CARLOS M. GUTIERREZ, Secretary of Commerce, et al., ) ) Defendants. ) _________________________________________________ ) Case No. C 01-0421 JL STIPULATED REQUEST FOR STAY OF SUMMARY JUDGMENT BRIEFING SCHEDULE

Pursuant to Civil Local Rule 6-2, the parties hereby request a stay of the current briefing schedule for cross-motions on summary judgment. The parties seek this stay in order to accommodate a potential amendment to the complaint to incorporate a challenge to Defendants' final 2009-2010 harvest specifications for the Pacific groundfish fishery. Plaintiff Natural Resources Defense Council's ("NRDC's") current complaint in this case challenges a series of amendments to Defendants' fishery management plan that concern the rebuilding of the Pacific groundfish fishery, and Defendants' use of those amendments in establishing harvest specifications for Pacific groundfish. See Doc. No. 190 (Fourth Am. Compl.). The Court's current schedule provides for summary judgment briefing to begin on December 17, 2008 and to conclude on March 11, 2009, and for the parties to present oral argument on March 25, 2009. See Doc. No. 246. In February 2009, Defendants are expected to issue final harvest specifications for the Pacific groundfish fishery for the years 2009 to 2010. NRDC anticipates, based on its review of Defendants' draft specifications for 2009-2010, that it will move to amend its complaint to challenge the final 2009-2010 specifications. In order to accommodate the anticipated motion to amend, the parties respectfully propose that the current briefing schedule be stayed pending Defendants' issuance of the final 2009-2010 specifications. To avoid undue delay in merits briefing, and to facilitate a ruling on any motion to amend within the 30-day statute of limitations provided by the Magnuson-Stevens

STIPULATED REQUEST FOR STAY OF SUMMARY JUDGMENT BRIEFING SCHEDULE AND [PROPOSED] ORDER ­ Case No. C 01-0421 JL

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Act, see 16 U.S.C. § 1855(f)(1), the parties agree to conduct expedited briefing on any motion to amend. If leave to amend is granted, the parties will propose a new schedule for record supplementation and summary judgment briefing within 14 days of NRDC's filing of its amended complaint. If NRDC does not move to amend its complaint, or its motion to amend is denied, the parties will propose a new schedule for summary judgment briefing on NRDC's current complaint within 30 days of Defendants' issuance of the 2009-2010 specifications. While the parties do not anticipate the need for any hearing on this Stipulated Request, should the Court wish to hear from the parties, Defendants' counsel respectfully requests permission to appear telephonically. Respectfully submitted, /s/ Selena Kyle Laura Pagano, SBN 244079 Selena Kyle, SBN 246069 NATURAL RESOURCES DEFENSE COUNCIL 111 Sutter Street, 20th Floor San Francisco, CA 94104 Telephone: [phone] Fax: [phone] Aaron Colangelo, admitted pro hac vice NATURAL RESOURCES DEFENSE COUNCIL 1200 New York Ave, NW, Suite 400 Washington, DC 20005 Telephone: [phone] Fax: [phone] Attorneys for Plaintiff Dated: November 25, 2008 RONALD J. TENPAS Assistant Attorney General United States Department of Justice Environment & Natural Resources Division JEAN E. WILLIAMS, Chief LISA LYNNE RUSSELL, Assistant Chief /s/ Kristen Byrnes Floom____ KRISTEN BYRNES FLOOM, Trial Attorney (DC Bar No. 469615) Wildlife and Marine Resources Section Benjamin Franklin Station, P.O. Box 7369 Washington, DC 20044-7369 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendants Dated: November 25, 2008

STIPULATED REQUEST FOR STAY OF SUMMARY JUDGMENT BRIEFING SCHEDULE AND [PROPOSED] ORDER ­ Case No. C 01-0421 JL

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[PROPOSED] ORDER The Court, pursuant to the Parties' Stipulated Request, hereby orders that the summary judgment briefing schedule set forth in this Court's August 18, 2008 order (Doc. No. 246) is STAYED pending Defendants' issuance of final 2009-2010 harvest specifications for the Pacific groundfish fishery. If Plaintiff does not move to amend its complaint to challenge the final 2009-2010 specifications, or leave to amend is denied, the parties will propose a new schedule for briefing on the current record within 30 days of Defendants' issuance of final 2009-2010 specifications. If leave to amend is granted, the parties will propose a new schedule for record supplementation and merits briefing to the Court within 14 days of Plaintiff's filing of its amended complaint.

___________________________________ Hon. James Larson United States Magistrate Judge

STIPULATED REQUEST FOR STAY OF SUMMARY JUDGMENT BRIEFING SCHEDULE AND [PROPOSED] ORDER ­ Case No. C 01-0421 JL

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ATTORNEY ATTESTATION OF CONCURRENCE

I hereby attest that I have obtained concurrences in this filing for the signatures indicated by a "conformed" signature (/s/) within this e-filed document. /s/ Selena Kyle Selena Kyle

STIPULATED REQUEST FOR STAY OF SUMMARY JUDGMENT BRIEFING SCHEDULE AND [PROPOSED] ORDER ­ Case No. C 01-0421 JL