Okinawa Dugong (Dugong Dugon) et al v. Rumsfeld et al

Filing 212

STIPULATION AND ORDER re 211 Stipulation modifying deadline for compilation of administrative record. Signed by Judge Edward M. Chen on 2/1/18. (bpf, COURT STAFF) (Filed on 2/1/2018)

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1 2 3 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 4 5 6 7 8 9 10 11 12 13 CENTER FOR BIOLOGICAL DIVERSITY; TURTLE ISLAND RESTORATION NETWORK; JAPAN ENVIRONMENTAL LAWYERS FEDERATION; SAVE THE DUGONG FOUNDATION; ANNA SHIMABUKURO; TAKUMA HIGASHIONNA; and YOSHIKAZU MAKISHI, ) ) ) ) ) ) ) ) ) Plaintiffs, ) v. ) JAMES MATTIS, in his official capacity as the ) ) Secretary of Defense; and US Department of ) Defense, ) Defendants. ) Civil Action No. 3:03-cv-4350 (EMC) STIPULATION MODIFYING DEADLINE FOR COMPILATION OF ADMINISTRATIVE RECORD Motion Hearing Set For May 24, 2018 at 1:30 pm Courtroom 5, 17th Floor (National Historic Preservation Act, 16 U.S.C. §§ 470 et seq.) 14 On October 31, 2017, the Parties filed a Joint Status Report and Stipulated Briefing Schedule 15 stipulating that the Government would file the administrative record no later than December 22, 16 2017, and Plaintiffs would file objections to the administrative record by January 26, 2018. The 17 Parties also agreed to a briefing schedule for cross-motions for summary judgment commencing 18 with Plaintiffs’ motion on February 23, 2018, and concluding with Defendants’ reply on May 4, 19 2018. (Dkt. 203). On November 9, 2017, the Court entered a minute order adopting the schedule on cross-motions for summary judgment and setting a motions hearing for May 24, 2018, at 1:30 pm. 20 (Dkt. 207). 21 On December 28, 2017, the Government filed notice that on December 21, 2017, they mailed 22 copies of the administrative record to the Clerk of Court’s Office and to Plaintiffs’ counsel. (Dkt. 23 210). 24 25 After reviewing the documents in the record and discussing with Plaintiffs, on January 22, 2018, Plaintiffs’ counsel contacted counsel for the Government to arrange a telephone meeting to discuss Plaintiffs’ questions about the contents of the record. On January 25, 2018, counsel for the 26 27 28 STIPULATION MODIFYING DEADLINE FOR COMPLIATION OF ADMINISTRATIVE RECORD CASE NO. 3:03-cv-4350-EMC 1 1 2 3 Parties spoke by telephone. Plaintiffs raised questions regarding five groups of documents. The 4 Government is currently working on providing answers to these questions. The Parties will continue to meet and confer in an effort to resolve these questions amicably 5 and stipulate that the time for Plaintiffs to file objections to the record be extended until February 9, 6 2018, to provide time for the Parties to seek agreement. The Parties agree that if Plaintiffs’ 7 questions cannot be resolved without the Court’s intervention, the Parties will submit for the Court’s 8 consideration a separate briefing schedule for any administrative record motions, and that the 9 briefing schedule adopted on November 9, 2017, may be amended to stay briefing on summary 10 judgment until any administrative record motions are resolved. 11 Dated: January 26, 2018. 12 Respectfully submitted, 13 /s/ Sarah H. Burt SARAH H. BURT (CA Bar # 250378) J. MARTIN WAGNER (CA Bar # 190049) Earthjustice 50 California Street, Suite 500 San Francisco, CA 94111 Tel.: (415) 217-2000 Fax: (415) 217-2040 sburt@earthjustice.org mwagner@earthjustice.org Attorneys for Plaintiffs Center for Biological Diversity, et al. 14 15 16 17 20 O ORD IT IS S ERED R NIA UNIT ED 19 S DISTRICT TE C TA RT U O S 18 21 25 26 LI ER A H 24 RT 23 wa FO NO d Judge E 22 hen rd M. C N F D IS T IC T O R C JEFFREY H. WOOD Acting Assistant Attorney General /s/ Peter Kryn Dykema PETER KRYN DYKEMA (D.C. Bar # 419349) Trial Attorney, U.S. Department of Justice Environment and Natural Resources Division Natural Resources Section P.O. Box 7611, Ben Franklin Station Washington, D.C. 20044 Tel: (202) 305-0436 Fax: (202) 305-0506 Peter.Dykema@usdoj.gov Counsel for Federal Defendants James Mattis, et al. 27 28 STIPULATION MODIFYING DEADLINE FOR COMPLIATION OF ADMINISTRATIVE RECORD CASE NO. 3:03-cv-4350-EMC 2

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