Center for Biological Diversity v. Office of Management and Budget

Filing 107

STIPULATION AND ORDER amending briefing schedules AND continuing Status Conference to 11/2/2009 03:00 PM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 10/14/2009. (awb, COURT STAFF) (Filed on 10/14/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Deborah A. Sivas (CSBN 135446) ENVIRONMENTAL LAW CLINIC Mills Legal Clinic at Stanford Law School 559 Nathan Abbot Way Stanford, CA 94305-8610 Telephone: (650) 723-0325 Facsimile: (650) 723-4426 dsivas@law.stanford.edu Justin Augustine (CSBN 235561) Vera Pardee (CSBN 106146) CENTER FOR BIOLOGICAL DIVERSITY 351 California Street, Suite 600 San Francisco, CA 94104 Telephone: (415) 436-9682 Facsimile: (415) 436-9683 jaugustine@biologicaldiversity.org vpardee@biologicaldiversity.org Attorneys for Plaintiff Center for Biological Diversity IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION CENTER FOR BIOLOGICAL DIVERSITY, Plaintiff, v. THE OFFICE OF MANAGEMENT AND BUDGET, Defendant. . ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No.: C-07-4997 MHP [PROPOSED] STIPULATION RE CASE MANAGEMENT CONFERENCE DATE Date: Time: Court: October 19, 2009 2:00 p.m. 15, 18th Floor STIPULATION RE CASE MANAGEMENT CONFERENCE 1 Case No. C-07- 4997-MHP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff, the Center for Biological Diversity (the "Center"), and defendant, the Office of Management and Budget ("OMB"), by and through their undersigned counsel, hereby submit the following Proposed Stipulation Re Case Management Conference Date. As this Court is aware, OMB recently located additional documents responsive to the Center's FOIA request that have not been submitted for in camera inspection to Magistrate Judge Zimmerman. OMB has released a number of these documents to the Center, and the parties are presently engaged in discussions about some additional documents OMB may release to the Center, whether other documents are subject to the Court's summary judgment rulings, whether all remaining documents should be released to the Center, or whether they should be submitted for in camera inspection. The parties are hopeful that the matter can be resolved between themselves, and thus request that the date on which the Center must file any request for immediate release of the remaining documents, the date of any response by OMB, and the date of the next Case Management Conference, be delayed by two weeks. Subject to the Court's approval, the parties stipulate and have agreed that (1) the Center shall have until October 27, 2009 at 4:00 p.m. to file any request for immediate release of the remaining, recently located documents; (2) OMB shall have until October 29, 2009 at 4:00 p.m. to file a responsive brief, if any; and (3) the next Case Management Conference take place on November 2, 2009 at 3:00 p.m. Dated: October 16, 2009 JOSEPH P. RUSSONIELLO United States Attorney By:_______ /s/_______________ MICHAEL T. PYLE Assistant United States Attorney Attorney for Defendant OMB VERA PARDEE By: _______/s/_________ Attorney for Plaintiff Center for Biological Diversity STIPULATION RE CASE MANAGEMENT CONFERENCE 2 Case No. C-07- 4997-MHP 1 2 3 4 5 6 7 8 9 10 PURSUANT TO STIPULATION, IT IS SO ORDERED: As stipulated by the parties, (1) the Center for Biological Diversity shall file any briefing to request the immediate release of the recently discovered documents by October 27, 2009 at 4:00 p.m.; (3) OMB shall file any responsive briefing by October 29, 2009 at 4:00 p.m.; and (2) the next Case Management Conference in this matter shall take place on November 2, 2009 at 3:00 p.m. 14 Dated: October ___, 2009 S DISTRICT TE C TA __________________________________ HON. MARILYN PATEL United States District Court DERED ORJudge RT U O UNIT ED S 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION RE CASE MANAGEMENT CONFERENCE 3 Case No. C-07- 4997-MHP ER N F D IS T IC T O R A C LI FO ari Judge M lyn H. P atel R NIA O IT IS S NO RT H

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