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

Filing 218

STIPULATION AND ORDER (modified) re 217 Re Briefing Schedule filed by Yoshikazu Makishi, Turtle Island Restoration Project, Center for Biological Diversity, Takuma Higashionna, Save The Dugong Foundation, Anna Koshiishi, Japan Environmental Lawyers Federation. Motion Hearing reset for 6/28/2018 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Signed by Judge Edward M. Chen on 3/9/18. (bpf, COURT STAFF) (Filed on 3/9/2018)

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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)
ORDER (modified)
STIPULATED 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 February 13, 2018, the Court entered an order modifying the deadline for compilation of
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the administrative record and staying the briefing schedule for substantive motions to allow the
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Parties to negotiate a protective order that would allow Defendants to release certain information
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withheld from the record. (Dkt. 214). On March 1, 2018, the Court ordered that the hearing
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scheduled for May 24, 2018 remain in place until the Parties file an updated briefing schedule and
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hearing schedule. The Parties agree to the following schedule for briefing substantive motions, with
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the understanding that if issues concerning the protective order arise that require the Court’s
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intervention, this schedule may be amended:
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1. Plaintiffs’ motion for summary judgment shall be due on April 27, 2018.
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2. Defendants’ opposition and cross motion for summary judgment shall be due on May
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25, 2018.
May 25
3. Plaintiffs’ opposition and reply shall be due on June 28, 2018.
June 1
4. Defendants’ reply shall be due on July 27, 2018. 1

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Lead counsel for Defendants is scheduled to be in trial the week of July 9, 2018. In order to avoid
conflict with counsel’s trial obligations, the Parties have agreed to extend the time respectively
allocated for Plaintiffs’ opposition and reply and for Defendants’ reply.
STIPULATED BRIEFING SCHEDULE
CASE NO. 3:03-cv-4350-EMC

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June 28
5. A hearing on the motions on September 6, 2018.

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Dated: March 9th , 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.: [phone]
Fax: [phone]
[e-mail]
[e-mail]
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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/s/ Taylor N Ferrell
TAYLOR N FERRELL (D.C. Bar # 498260)
PETER KRYN DYKEMA (D.C. Bar # 419349)
Trial Attorney, U.S. Department of Justice Environment and
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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(as modified above)
9th
March
PURSUANT TO STIPULATION, IT IS SO ORDERED this _____ day of ______________, 2018

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UNIT
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IT IS S
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_________________________________________
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ORDER
United States District Judge Hon. Edward M. Chen
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CASE NO. 3:03-cv-4350-EMC

. Chen

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STIPULATED BRIEFING SCHEDULE

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