California Resources Agency et al v. United States Department of Agriculture et al

Filing 64

SECOND STIPULATION AND ORDER STAYING REMEDY BRIEFING; Signed by Judge Marilyn Hall Patel on 1/21/2010. (awb, COURT STAFF) (Filed on 1/22/2010)

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IGNACIA S. MORENO Assistant Attorney General ALISON D. GARNER (DC Bar No. 983858) KATHRYN M. LIBERATORE (NY Bar No. 4317780) Trial Attorneys U.S. Department of Justice Environment & Natural Resources Division Natural Resources Section 601 D Street, NW, Washington, D.C., 20004 Telephone: [phone] Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION CALIFORNIA RESOURCES AGENCY, et ) Case Nos. 08-01185-MHP ) al., and 08-03884-MHP ) ) Plaintiffs, v. ) ) SECOND STIPULATION TO STAY UNITED STATES DEPARTMENT OF ) REMEDY BRIEFING ) AGRICULTURE, et al., ) Defendants. ) ) CENTER FOR BIOLOGICAL ) DIVERSITY, et al., ) ) Plaintiffs, ) v. ) ) UNITED STATES DEPARTMENT OF ) AGRICULTURE, et al., ) ) Defendants. ) Plaintiffs and Defendants in the above-captioned case, by and through their attorneys, have conferred and hereby STIPULATE as follows: On February 27, 2009, Plaintiffs filed motions for summary judgment in the abovecaptioned matters. Dkt. Nos. 46 and 28. On April 16, 2009, Defendants filed cross-motions for summary judgment. Dkt. Nos. 50 and 33. The Court held a hearing on the motions on July 31, 2009.
08-01185 AND 08-03884 SECOND STIPULATION TO STAY REMEDY BRIEFING

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On September 29, 2009, the Court entered judgment, granting in part and denying in part the parties' motions for summary judgment. Dkt. No. 60. The Court ordered the parties to submit, by November 3, 2009, simultaneous briefs proposing the appropriate forms of relief to remedy the deficiencies found by the Court in the Southern California Forest Plans Final Environmental Impact Statement. The parties have entered settlement discussions in an attempt to develop the appropriate forms of relief in this matter. To facilitate those discussions, the parties requested a stay of briefing, Dkt. Nos. 61, 46, and on October 27, 2009, the Court entered an order staying further briefing schedules until January 15, 2010. Dkt. No. 62. The parties met to discuss settlement on November 18, 2009. Based on that meeting, as well as on Plaintiffs' written settlement points and on Defendants' responses, the parties have agreed to a second meeting to discuss settlement, scheduled for January 29, 2010. The parties will continue to engage in good faith settlement discussions, and agree that a second meeting to discuss settlement is in the best interests of the litigants and the Court. The parties therefore request a second order staying all briefing on the issue of remedy until March 15, 2010. On that date, the parties will advise the Court on whether continued settlement discussions are appropriate, or whether a new remedy briefing schedule should be set. The parties reserve the right to seek prompt reinstatement of a remedy briefing schedule at any time. IT IS SO STIPULATED Dated: January 15, 2010 IGNACIA S. MORENO Assistant Attorney General s/Alison D. Garner___ ALISON D. GARNER KATHRYN M. LIBERATORE Trial Attorneys United States Department of Justice Environment and Natural Resources Division Natural Resources Section P.O. Box 663, Ben Franklin Station Washington, D.C. 20044-0663 Telephone: [phone]
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Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Defendants U.S. Forest Service, et al. s/ Erin M. Tobin (authorized) Erin M. Tobin Trent W. Orr Earthjustice 426 17th Street, 5th Floor Oakland, CA 94612 Tel.: [phone] Fax: [phone] [e-mail] [e-mail] Attorneys for Plaintiffs Ctr. for Biological Diversity, et al. /s/ Brian Hembacher (authorized) Brian Hembacher Deputy Attorney General California Attorney General's Office 300 South Spring Street, Suite 1702 Los Angeles, CA 90013 Tel.: [phone] Fax: [phone] [e-mail] Attorney for People of the State of California, ex rel. California Attorney General Edmund G. Brown, Jr. /s/ Peter Southworth (authorized) Peter Southworth Deputy Attorney General California Attorney General's Office Land Law Section 1300 I Street, 15th Floor Sacramento, CA 95814 Tel.: [phone] Fax: [phone] [e-mail] Attorney for California Resources Agency and California Department of Forestry and Fire Protection

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/s/ Paul A. Turcke (authorized) Paul A. Turcke Moore Smith Buxton & Turcke, Chartered 950 West Bannock, Suite 520 Boise, Idaho 83702 Tel.: [phone] Fax: [phone] [e-mail] Attorney for Intervenors Blue Ribbon Coalition 3

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IT IS SO ORDERED _____________________________ Hon. Marilyn Hall Patel United States District Judge

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