Center for Biological Diversity v. Office of Management and Budget

Filing 114

STIPULATION AND ORDER amending briefing schedules: Motions to be filed by 1/25/2010; Oppositions to be filed by 2/5/2010; Signed by Judge Marilyn Hall Patel on 1/6/2010. (awb, COURT STAFF) (Filed on 1/6/2010)

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division MICHAEL T. PYLE (CSBN 172954) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendant Office of Management and Budget

8 9 10 11 12 13 14 15 16 17 Attorneys for Plaintiff Center for Biological Diversity 18 19 UNITED STATES DISTRICT COURT 20 NORTHERN DISTRICT OF CALIFORNIA 21 SAN FRANCISCO DIVISION 22 23 24 Plaintiff, 25 v. 26 27 28 THE OFFICE OF MANAGEMENT AND BUDGET, Defendant. CENTER FOR BIOLOGICAL DIVERSITY, a non-profit organization, ) ) ) ) ) ) ) ) ) ) ) ) No. C 07-4997 MHP STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULE FOR RESOLUTION OF FEE & COST REQUEST Justin Augustine (CSBN 235561) Vera Pardee (CSBN 106146) CENTER FOR BIOLOGICAL DIVERSITY 351 California Street, Suite 600 San Francisco, CA 94104 Phone: [phone] Facsimile: [phone] Deborah A. Sivas (CSBN 135446) ENVIRONMENTAL LAW CLINIC MILLS LEGAL CLINIC Stanford Law School Crown Quadrangle 559 Nathan Abbot Way Stanford, CA 94305-8610 Telephone: [phone] Facsimile: [phone]

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WHEREAS the parties previously stipulated, and the Court previously ordered, that "the parties shall submit for approval by the Court a proposed schedule to negotiate and, if necessary, brief the issues pertaining to the Center's request for fees and costs in this matter within five (5) court days after this Court has entered its order concerning Magistrate Judge Zimmerman's Report and Recommendation dated August 25, 2009 and amended September 9, 2009."; WHEREAS the Court adopted Magistrate Judge Zimmerman's Report and Recommendation in its entirety; AND WHEREAS the Court approved a stipulation setting the briefing schedule for the Center's request for fees and costs in this matter be set such that the Center's opening brief would be due January 15, 2010, Defendant's opposition would be due January 29, 2010, the Center's reply would be due February 16, 2009, and the Court would have a hearing on March 1, 2010 at 2:00 p.m. The parties stipulate, subject to approval by the Court, that the deadline for the Center to file its opening brief is continued from January 15, 2010 to January 25, 2010 and the deadline for Defendant's opposition is continued from January 29, 2010 to February 5, 2010. The deadline for the reply brief and the hearing would remain unchanged. The parties have proposed this change in the briefing schedule to give them time to try to negotiate a resolution of Plaintiff's request for fees and costs. Respectfully submitted, DATED: January 5, 2010 By: _____/s/________________________ VERA PARDEE Attorneys for Plaintiff JOSEPH P. RUSSONIELLO United States Attorney DATED: January 5, 2010 By: _____/s/ _______________________ MICHAEL T. PYLE Assistant United States Attorney Attorneys for Defendant

PURSUANT TO STIPULATION, IT IS SO ORDERED: 27 The deadline for the Center to file its opening brief is continued from January 15, 2010 to 28
STIPULATION AND [PROPOSED] ORDER RE SCHEDULING FEE AND COST REQUEST N o . C 07-4997 MHP

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January 25, 2010 and the deadline for Defendant's opposition is continued from January 29, 2010 to February 5, 2010. The deadline for the reply brief and the date DIStime C the hearing S and TRIof DATED: January__, 2010 6 _________________________________ HON. MARILYN HALL PATEL ERED ORD United States DistrictS SO IT I Judge
arilyn Judge M H. Pate

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