Center for Biological Diversity v. Office of Management and Budget

Filing 48

STIPULATION AND ORDER AMENDING BRIEFING SCHEDULES re 44 42 Motions for Summary Judgment; Signed by Judge Marilyn Hall Patel on 10/21/2008. (awb, COURT-STAFF) (Filed on 10/22/2008)

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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 DEADLINE FOR FILING OPPOSITION BRIEFS ON PENDING MOTIONS FOR SUMMARY ADJUDICATION Deborah A. Sivas (CSBN 135446) Leah J. Russin (CSBN 225336) ENVIRONMENTAL LAW CLINIC MILLS LEGAL CLINIC Stanford Law School Crown Quadrangle 559 Nathan Abbot Way Stanford, CA 94305-8610 Telephone: [phone] Facsimile: [phone] Justin Augustine (CSBN 235561) CENTER FOR BIOLOGICAL DIVERSITY 351 California Street, Suite 600 San Francisco, CA 94104 Phone: [phone] Facsimile: [phone]

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IT IS HEREBY STIPULATED by and between the undersigned, subject to the approval of the Court, that the date for the parties to file their respective opposition briefs for the currently pending cross-motions for summary adjudication (currently scheduled to be filed on October 20, 2008) shall be continued to October 23, 2008. The reason for this stipulation is that counsel for Defendant has been sick since last weekend and has not been able to prepare an opposition brief due to the symptoms he has been experiencing. Counsel for Plaintiff agreed to this request on the condition that the current hearing date of November 17, 2008 be maintained and the parties request that the hearing date be maintained. The parties believe that the Court will have sufficient time to review the papers since under this stipulated request the Court would have the papers for three weeks in advance of the hearing since no reply briefs will be filed by the parties. The parties have not previously continued the dates contained in this stipulation. Respectfully submitted, DATED: October 16, 2008 By: /s/ VERA PARDEE Attorneys for Plaintiff JOSEPH P. RUSSONIELLO United States Attorney DATED: October 16, 2008 By: /s/ MICHAEL T. PYLE Assistant United States Attorney Attorneys for Defendant

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PURSUANT TO STIPULATION, IT IS SO ORDERED: The date for the parties to file their respective opposition briefs is continued to October 23, 2008. The hearing on the parties' cross-motions for summary adjudication will be held, as previously ordered by the Court, on November 17, 2008 at 2:00 p.m.

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21 DATED: October____, 2008

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STIPULATION AND [PROPOSED] ORDER RE SCHEDULE FOR OPPOSITION BRIEF N o . C 07-4997 MHP

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_________________________DERED_ R_______ HON. MARILYN HALL PATEL IS SO O IT United States District Judge

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