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

Filing 66

3rd STIPULATION AND ORDER staying briefing until 5/14/2010; Signed by Judge Marilyn Hall Patel on 3/16/2010. (awb, COURT STAFF) (Filed on 3/17/2010)

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 al., v. Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case Nos. 08-01185-MHP and 08-03884-MHP

UNITED STATES DEPARTMENT OF AGRICULTURE, et al., Defendants. CENTER FOR BIOLOGICAL DIVERSITY, et al., v. Plaintiffs,

THIRD STIPULATION TO STAY REMEDY BRIEFING

UNITED STATES DEPARTMENT OF AGRICULTURE, et al.,

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 above08-01185 AND 08-03884 THIRD STIPULATION TO STAY REMEDY BRIEFING

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captioned 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. 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. Nos. 62, 47. The parties met to discuss settlement on November 18, 2009. After the meeting, Plaintiffs provided written settlement points, and Defendants responded in writing. To allow time for an additional in-person meeting and further discussions, the parties requested a second stay of briefing, Dkt. Nos. 63, 50, and on January 22, 2010, the Court entered an order staying further briefing schedules until March 15, 2010. Dkt. Nos. 64, 51. The parties met for a second time on January 29, 2010 to discuss settlement. Plaintiffs provided additional written settlement points on February 19, 2010 and March 3, 2010. Defendants are reviewing these points, and are preparing their written response. The parties will continue to engage in good faith settlement discussions, and agree that an additional stay to allow time for such discussions is in the best interests of the litigants and the Court. The parties therefore request a third order staying all briefing on the issue of remedy until May 14, 2010. On that date, the parties will advise the Court on the status of their settlement discussions and whether a further stay of briefing is appropriate or whether a new remedy briefing schedule

08-01185 AND 08-03884 THIRD STIPULATION TO STAY REMEDY BRIEFING

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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: March 15, 2010 IGNACIA S. MORENO Assistant Attorney General /s/ Kathryn M. Liberatore KATHRYN M. LIBERATORE ALISON D. GARNER 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] 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]
08-01185 AND 08-03884 THIRD STIPULATION TO STAY REMEDY BRIEFING

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[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 /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

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

3/16/2010

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