Natural Resources Defense Council Inc. et al v. Evans

Filing 336

ORDER GRANTING REQUEST TO TAKE SETTLEMENT CONFERENCE OFF CALENDAR re 334 Notice (Other) filed by Donald Evans, National Marine Fisheries Service, National Oceanic and Atmospheric Administration. Signed by Judge Maria-Elena James on 1/6/2010. (mejlc1, COURT STAFF) (Filed on 1/6/2010)

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U.S. Department of Justice Environment and Natural Resources Division Wildlife and Marine Resources Section P.O. Box 7369 Ben Franklin Station Washington, DC 20044-7369 Telephone (202) 305-0210 Facsimile (202) 305-0275 December 31, 2009 Chief Magistrate Judge Maria Elena-James c/o Brenda Tolbert, Courtroom Deputy United States District Court Northern District of California 450 Golden Gate Ave. San Francisco, CA 94102 Re: Natural Resources Defense Council v. Gary Locke, et al., Civ-01-0421-JL Dear Judge James: After further discussion, Plaintiff and the Federal Defendants do not believe that it will be possible to settle any of the claims in the above-captioned case. Although the parties had productive discussions during the settlement conference before you on December 1, 2009, and followed up with phone calls and emails with each other, we ultimately could not agree on a settlement that would be acceptable to both sides. In particular, while we made progress on settling the NEPA claim, we eventually discovered that we could not agree on the form of a settlement. This discovery obviated the need to continue discussions on settling the other claims, which were less advanced and less likely to succeed in any event. For the reasons discussed above, we ask that you remove the settlement conference scheduled for January 6, 2010, from the Court's calendar. If you have any questions, please contact me at 202-305-0339. Best regards, /s/ Erik Petersen Erik E. Petersen Trial Attorney UNIT ED S ISTRIC ES D TC T TA RT U O R NIA FO A TED GRAN na aria-Ele udge M J James ER N F D IS T IC T O R C LI NO RT H cc: Magistrate Judge James Larson United States District Court Northern District of California 450 Golden Gate Ave. San Francisco, CA 94102 Laura Pagano Natural Resources Defense Council 111 Sutter Street, 20th Floor San Francisco, CA 94104 Marc D. Slonim Ziontz, Chestnut, Varnell, Berley & Slonim 2101 4th Avenue, Suite 1230 Seattle, WA 98121-2331 James P. Walsh Gwen L. Fanger Davis Wright Tremaine LLP 505 Montgomery St., Suite 800 San Francisco, CA 94111 -2-

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