Natural Resources Defense Council Inc. et al v. Evans

Filing 273

BRIEFING SCHEDULING ORDER re 270 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 4/20/09. (jlsec, COURT STAFF) (Filed on 4/20/2009)

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Case 3:01-cv-00421-JL Document 270 Filed 04/15/2009 Page 1 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Laura Pagano, SBN 244079 Selena Kyle, SBN 246069 NATURAL RESOURCES DEFENSE COUNCIL 111 Sutter Street, 20th Floor San Francisco, CA 94104 Telephone: (415) 875-6100 Fax: (415) 875-6161 Aaron Colangelo, admitted pro hac vice NATURAL RESOURCES DEFENSE COUNCIL 1200 New York Ave, NW, Suite 400 Washington, DC 20005 Telephone: (202) 289-2376 Fax: (202) 289-1060 Attorneys for Plaintiff JOHN C. CRUDEN Acting 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: (202) 305-0340 Facsimile: (202) 305-0275 Kristen.Floom@usdoj.gov Attorneys for Defendants PARTIES' JOINT REQUEST FOR ENTRY OF BRIEFING SCHEDULE AND ENLARGEMENT OF PAGE LIMITS ON CROSS-MOTIONS FOR SUMMARY JUDGMENT AND [PROPOSED] ORDER Case No. C 01-0421 JL 1 Case 3:01-cv-00421-JL Document 270 Filed 04/15/2009 Page 2 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA _________________________________________________ ) NATURAL RESOURCES DEFENSE COUNCIL, INC., ) Case No. C 01-0421 JL ) Plaintiff, ) JOINT REQUEST ) FOR ENTRY OF v. ) BRIEFING SCHEDULE ) AND ENLARGEMENT GARY LOCKE, Secretary of Commerce, et al., ) OF PAGE LIMITS ) ON CROSS-MOTIONS FOR Defendants. ) SUMMARY JUDGMENT _________________________________________________ ) The Parties, having conferred with each other and amici, hereby respectfully request that the Court issue an order establishing the following schedule for briefing and argument on the Parties' anticipated cross-motions for summary judgment on Plaintiff Natural Resources Defense Council, Inc.'s ("NRDC's") Fifth Amended Complaint, following Defendants' production of the supplemental administrative record. The Parties intend to participate in a settlement conference, but request entry of this schedule to assure that the case can be resolved expeditiously if settlement efforts are unsuccessful. August 4, 2009: NRDC's opening memorandum in support of NRDC's motion for summary judgment (40 pages) September 8, 2009: Defendants' combined memorandum in opposition to NRDC's motion for summary judgment and in support of Defendants' cross-motion for summary judgment (40 pages) September 15, 2009: Amicus briefs on summary judgment September 29, 2009: NRDC's combined memorandum in support of NRDC's motion for summary judgment and in opposition to Defendants' crossmotion for summary judgment (20 pages) October 20, 2009: Defendants' reply memorandum in support of Defendants' motion for summary judgment (20 pages) PARTIES' JOINT REQUEST FOR ENTRY OF BRIEFING SCHEDULE AND ENLARGEMENT OF PAGE LIMITS ON CROSS-MOTIONS FOR SUMMARY JUDGMENT AND [PROPOSED] ORDER Case No. C 01-0421 JL 2 Case 3:01-cv-00421-JL Document 270 Filed 04/15/2009 Page 3 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 November 18, 2009: Hearing, 9:30 a.m. The Parties further request that the Court grant the above-referenced enlargements of page limits for the Parties' memoranda on the cross-motions for summary judgment. Due to the complexity of the case and the size of the record, the Parties do not believe that they can adequately explain and support their cross-motions for summary judgment within the page limits set forth in Civil Local Rule 7-4(b). Thus, the Parties respectfully request that the Court allow them to file memoranda exceeding the limits, as indicated above. 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: (415) 875-6100 Fax: (415) 875-6161 Aaron Colangelo, admitted pro hac vice NATURAL RESOURCES DEFENSE COUNCIL 1200 New York Ave, NW, Suite 400 Washington, DC 20005 Telephone: (202) 289-2376 Fax: (202) 289-1060 Attorneys for Plaintiff Dated: April 15, 2009 JOHN C. CRUDEN Acting 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: (202) 305-0340 Facsimile: (202) 305-0275 Kristen.Floom@usdoj.gov Attorneys for Defendants Dated: April 15, 2009 PARTIES' JOINT REQUEST FOR ENTRY OF BRIEFING SCHEDULE AND ENLARGEMENT OF PAGE LIMITS ON CROSS-MOTIONS FOR SUMMARY JUDGMENT AND [PROPOSED] ORDER Case No. C 01-0421 JL 3 Case 3:01-cv-00421-JL Document 270 Filed 04/15/2009 Page 4 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. 20 Dated: April _____, 2009 October 20, 2009: September 8, 2009: August 4, 2009: [PROPOSED] ORDER The Court, pursuant to the Parties' Stipulated Request, hereby sets the following schedule for briefing and argument on the Parties' anticipated cross-motions for summary judgment, and also authorizes the following enlargements of page limits for the Parties' memoranda on the cross-motions for summary judgment: NRDC's opening memorandum in support of NRDC's motion for summary judgment (40 pages) Defendants' combined memorandum in opposition to NRDC's motion for summary judgment and in support of Defendants' cross-motion for summary judgment (40 pages) September 15, 2009: Amicus briefs on summary judgment September 29, 2009: NRDC's combined memorandum in support of NRDC's motion for summary judgment and in opposition to Defendants' crossmotion for summary judgment (20 pages) Defendants' reply memorandum in support of Defendants' motion for summary judgment (20 pages) November 18, 2009: Hearing, 9:30 a.m. 11:00 a.m. ___________________________________ Hon. James Larson Chief Magistrate Judge PARTIES' JOINT REQUEST FOR ENTRY OF BRIEFING SCHEDULE AND ENLARGEMENT OF PAGE LIMITS ON CROSS-MOTIONS FOR SUMMARY JUDGMENT AND [PROPOSED] ORDER Case No. C 01-0421 JL 4

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