Okinawa Dugong (Dugong Dugon) et al v. Rumsfeld et al
Filing
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STIPULATION AND ORDER re 215 Stipulation to modify briefing schedule re MSJ. MSJ hearing remains set for 5/24/18 at 1:30 p.m. Signed by Judge Edward M. Chen on 3/1/18. (bpf, COURT STAFF) (Filed on 3/1/2018)
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IN THE 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 ; ORDER
(National Historic Preservation Act, 16 U.S.C.
§§ 470 et seq.)
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On February 9, 2018, the Parties updated the Court on the status of the discussions regarding
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compilation of the administrative record and stipulated that the time for filing objections to the
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record be postponed until March 2, 2018 to allow the Parties to continue to seek agreement. The
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Parties further stipulated that the briefing schedule for substantive motions be stayed until any
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administrative record motions are resolved and that the May 24, 2018 hearing date be cancelled
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pending agreement on an amended briefing schedule. On February 13, 2018, the Court entered an
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order modifying the deadline for compilation of the administrative record and staying the briefing
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schedule according to the Parties’ stipulation. The Court also ordered the Parties to file an updated
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briefing and hearing schedule by February 28, 2018. However, neither Counsel for Plaintiffs nor
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Counsel for Defendants noticed this addition to the stipulation until 3:30 pm PST / 6:30 pm EST on
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February 28, 2018.
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Counsel have conferred by email and telephone and have resolved all but one of the issues in
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dispute: disclosure of the identities of individuals interviewed for an Anthropological Report on
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which the Department of Defense relied in making its National Historic Preservation Act
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determination. The Parties are currently negotiating a protective order that would allow the
STIPULATION MODIFYING DEADLINE FOR COMPLIATION OF ADMINISTRATIVE RECORD
CASE NO. 3:03-cv-4350-EMC
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Department of Defense to release this information, but have not yet reached agreement on the terms.
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The Parties stipulate that the March 2, 2018 deadline for filing objections to the record be postponed
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until March 23, 2018, to allow the Parties to continue to seek agreement.
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The Parties have not yet discussed a briefing and hearing schedule for substantive motions.
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Moreover, lead counsel for the Department of Defense is traveling and is not available to provide
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input on a proposed schedule. The Parties will confer and, no later than March 9, 2018, will propose
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a briefing and hearing schedule for cross-motions for summary judgment.
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Dated: February 28, 2018.
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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JEFFREY H. WOOD
Acting Assistant Attorney
Environment and Natural Resources Division General
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UNIT
ED
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ERE
O ORD D
IT IS S
IE
MODIF
AS
NO
. Chen
dward M
RT
Judge E
RT
U
O
S
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R NIA
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FO
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H
STIPULATION MODIFYING DEADLINE FOR COMPLIATION OF ADMINISTRATIVE RECORD
ER
C
N
D IS T IC
CASE NO. 3:03-cv-4350-EMCT OF
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R
LI
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/s/ Taylor N. Ferrell
PETER KRYN DYKEMA (D.C. Bar # 419349)
TAYLOR N FERRELL (D.C. Bar # 498260)
IT IS SO ORDERED that
Trial Attorneys
the 5/24/18 hearing Natural Resources Section
601 D Street, NW
remains in place
Washington, D.C. 20004
Dykema Tel.: (202) 305 0436
until a revised
Ferrell Tel.: (202) 305-0874
stipulated briefing Fax: (202) 305-0506
Peter.Dykema@usdoj.gov
schedule is submitted
ISTRIC
Taylor.Ferrell@usdoj.gov
SD
TC
TE
by counsel. TA
Counsel for Federal Defendants
D
A
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