Okinawa Dugong (Dugong Dugon) et al v. Rumsfeld et al
Filing
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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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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
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CENTER FOR BIOLOGICAL DIVERSITY;
TURTLE ISLAND RESTORATION
NETWORK; JAPAN ENVIRONMENTAL
LAWYERS FEDERATION; SAVE THE
DUGONG FOUNDATION; ANNA
SHIMABUKURO; TAKUMA
HIGASHIONNA; and YOSHIKAZU
MAKISHI,
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Plaintiffs,
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v.
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JAMES MATTIS, in his official capacity as the )
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Secretary of Defense; and US Department of
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Defense,
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Defendants.
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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.)
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On October 31, 2017, the Parties filed a Joint Status Report and Stipulated Briefing Schedule
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stipulating that the Government would file the administrative record no later than December 22,
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2017, and Plaintiffs would file objections to the administrative record by January 26, 2018. The
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Parties also agreed to a briefing schedule for cross-motions for summary judgment commencing
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with Plaintiffs’ motion on February 23, 2018, and concluding with Defendants’ reply on May 4,
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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.
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(Dkt. 207).
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On December 28, 2017, the Government filed notice that on December 21, 2017, they mailed
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copies of the administrative record to the Clerk of Court’s Office and to Plaintiffs’ counsel. (Dkt.
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210).
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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
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STIPULATION MODIFYING DEADLINE FOR COMPLIATION OF ADMINISTRATIVE RECORD
CASE NO. 3:03-cv-4350-EMC
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Parties spoke by telephone. Plaintiffs raised questions regarding five groups of documents. The
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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
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and stipulate that the time for Plaintiffs to file objections to the record be extended until February 9,
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2018, to provide time for the Parties to seek agreement. The Parties agree that if Plaintiffs’
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questions cannot be resolved without the Court’s intervention, the Parties will submit for the Court’s
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consideration a separate briefing schedule for any administrative record motions, and that the
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briefing schedule adopted on November 9, 2017, may be amended to stay briefing on summary
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judgment until any administrative record motions are resolved.
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Dated: January 26, 2018.
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Respectfully submitted,
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/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.
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O ORD
IT IS S
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UNIT
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FO
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Judge E
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hen
rd M. C
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D IS T IC T O
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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.
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STIPULATION MODIFYING DEADLINE FOR COMPLIATION OF ADMINISTRATIVE RECORD
CASE NO. 3:03-cv-4350-EMC
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