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

Filing 214

STIPULATION AND ORDER re 213 MODIFYING DEADLINE FOR COMPILATION OF ADMINISTRATIVE RECORD AND STAYING BRIEFING SCHEDULE. Signed by Judge Edward M. Chen on 2/13/18. (bpf, COURT STAFF) (Filed on 2/13/2018)

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
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 AND
STAYING BRIEFING SCHEDULE
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 January 26, 2018, the Parties filed a Stipulation Modifying the Deadline for Compilation

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of the Administrative Record (Dkt. 211) updating the Court on progress towards agreement on the

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administrative record and stipulating that the time for Plaintiffs to file objections to the record be

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extended until February 9, 2018 to allow the parties to continue to meet and confer in an effort to

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resolve outstanding questions. The Parties agreed that if Plaintiffs’ questions cannot be resolved

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without the Court’s intervention, the Parties will submit for the Court’s consideration a separate

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briefing schedule for any administrative record motions, and that the briefing schedule adopted on

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November 9, 2017 (Dkt. 207) may be amended to stay briefing on summary judgment until any

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administrative record motions are resolved. On February 1, 2018, the Court entered an order

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adopting the Parties’ stipulation (Dkt. 212).

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On January 25, 2018, Counsel for Plaintiffs submitted to Counsel for the Government

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questions regarding five groups of documents. On February 7, 2018 the Government provided

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Plaintiffs’ Counsel with answers to these questions. The Plaintiffs are currently reviewing these

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answers. With regards to one group of documents, the Parties are considering a protective order that

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would allow disclosure but have not yet reached agreement on the terms.
STIPULATION MODIFYING DEADLINE FOR COMPLIATION OF ADMINISTRATIVE RECORD AND
STAYING BRIEFING SCHEDULE
CASE NO. 3:03-cv-4350-EMC
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The Parties now stipulate that the time for filing objections to the record be further postponed

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until March 2, 2018, to allow the Parties to continue to seek agreement, and that the briefing

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schedule for substantive motions be amended to stay briefing on summary judgment until any

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administrative record motions are resolved. The Parties request that the May 24, 2018 hearing date

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be cancelled pending agreement on an amended briefing schedule.

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Dated: February 9, 2018.

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Respectfully submitted,

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IT IS SO ORDERED.
Parties shall
e-file an updated

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briefing and hearing

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S DISTRICT
TE
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TA

RT

Judge E

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. Chen
dward M

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ERED
O ORD D
IT IS S
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UNIT
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schedule by 2/28/18.
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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.: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs Center for Biological Diversity, et al.

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D IS T IC T O
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JEFFREY H. WOOD
Acting Assistant Attorney
Environment and Natural Resources Division General
/s/ Peter Kryn Dykema
PETER KRYN DYKEMA (D.C. Bar # 419349)
TAYLOR N FERRELL (D.C. Bar # 498260)
Trial Attorneys
Natural Resources Section
601 D Street, NW
Washington, D.C. 20004
Dykema Tel.: [phone]
Ferrell Tel.: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Counsel for Federal Defendants

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STIPULATION MODIFYING DEADLINE FOR COMPLIATION OF ADMINISTRATIVE RECORD AND
STAYING BRIEFING SCHEDULE
CASE NO. 3:03-cv-4350-EMC
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