Center for Biological Diversity v. Office of Management and Budget

Filing 77

STIPULATION AND ORDER re briefing schedule for remainder of case; Signed by Judge Marilyn Hall Patel on 2/6/2009. (awb, COURT-STAFF) (Filed on 2/6/2009)

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1 2 3 4 5 6 7 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: (415) 436-7322 Facsimile: (415) 436-6748 Email: michael.t.pyle@usdoj.gov 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 BRIEFING SCHEDULE FOR REMAINDER OF CASE Justin Augustine (CSBN 235561) Vera Pardee (CSBN 106146) CENTER FOR BIOLOGICAL DIVERSITY 351 California Street, Suite 600 San Francisco, CA 94104 Phone: (415) 436-9682 Facsimile: (415) 436-9683 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: (650) 723-0325 Facsimile: (650) 723-4426 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS the current schedule for the disposition of this case involves the filing of cross-motions for summary adjudication regarding the "ARMS Documents" on February 9, 2009 and opposition briefs on February 23, 2009 followed by a cross-briefs seeking summary adjudication regarding the "EXCHANGE Documents" on March 14, 2009, with a hearing on the motions regarding both the ARMS and EXCHANGE Documents on March 23, 2009 at 2:00 p.m. IT IS HEREBY STIPULATED by and between the undersigned, subject to the approval of the Court, that the briefing schedule be amended such that the parties would file crossmotions for summary adjudication regarding the ARMS Documents on or before February 27, 2009 and file briefs on or before March 13, 2009 that would address any opposition to the motions filed on February 27, 2009 and also seek summary adjudication with regard to the EXCHANGE documents. OMB will produce a revised Vaughn index and declarations in connection with the EXCHANGE documents to CBD by March 1, 2009. The reason for this stipulation is that the parties believe that the existing briefing schedule can and should be made more efficient for both the parties and the Court. Respectfully submitted, DATED: February 4, 2009 By: _____/s/________________________ VERA PARDEE Attorneys for Plaintiff JOSEPH P. RUSSONIELLO United States Attorney DATED: February 4, 2009 By: _____/s/ _______________________ MICHAEL T. PYLE Assistant United States Attorney Attorneys for Defendant PURSUANT TO STIPULATION, IT IS SO ORDERED: 24 The parties shall file cross-motions for summary adjudication regarding the ARMS 25 Documents on or before February 27, 2009 (instead of February 9, 2009) and file briefs on or 26 before March 13, 2009 that would address any opposition to the motions filed on February 27, 27 2009 (instead of February 23, 2009) and also seek summary adjudication with regard to the 28 STIPULATION AND [PROPOSED] ORDER RE SCHEDULE FOR BRIEFING 2 N o . 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 EXCHANGE documents. OMB shall produce a revised Vaughn index and declarations in connection with the EXCHANGE documents to CBD by March 1, 2009. The hearing on the motions regarding the ARMS and EXCHANGE documents will be held on March 23, 2009 at 2:00 p.m. 6 DATED: February __, 2009 UNIT ED S S DISTRICT TE C TA ER N F D IS T IC T O R STIPULATION AND [PROPOSED] ORDER RE SCHEDULE FOR BRIEFING 3 N o . C 07-4997 MHP A C LI FO arilyn H Judge M . Patel R NIA _________________________________ HON. MARILYN ERED PATEL RD HALL I d SO O UniteS States District Judge IT RT U O NO RT H

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