Center for Biological Diversity et al v. U.S. Fish and Wildlife Service et al

Filing 33

STIPULATION AND ORDER extending time to 1/21/2009 for federal defendants to file reply; Signed by Judge Marilyn Hall Patel on 1/7/2009. (awb, COURT-STAFF) (Filed on 1/8/2009)

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RONALD J. TENPAS Assistant Attorney General Environment & Natural Resources Division JEAN E. WILLIAMS, Chief LISA L. RUSSELL, Assistant Chief ROBERT P. WILLIAMS, Trial Attorney U.S. Department of Justice Environment & Natural Resources Division Wildlife & Marine Resources Section Ben Franklin Station, P.O. Box 7369 Washington, D.C. 20044-7369 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Federal Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CENTER FOR BIOLOGICAL DIVERSITY, LOS PADRES FOREST WATCH, SIERRA CLUB, DEFENDERS OF WILDLIFE, and CALIFORNIA NATIVE PLANT SOCIETY, ) ) ) ) ) Plaintiffs, ) ) v. ) ) U.S. FISH AND WILDLIFE SERVICE, ) NATIONAL OCEANIC AND ) ATMOSPHERIC ADMINISTRATION, ) NATIONAL MARINE FISHERIES SERVICE, ) and U.S. FOREST SERVICE, ) ) Defendants. ) _______________________________________)

Civ. No. 3:08-cv-01278-MHP JOINT STIPULATION TO EXTEND THE TIME FOR FEDERAL DEFENDANTS' REPLY BRIEF Date: February 9, 2009 Time: 2:00 p.m. Judge: Hon. Marilyn Hall Patel Courtroom 15, 18th Floor

COME NOW Defendants U.S. Fish and Wildlife Service ("FWS"), National Oceanic and Atmospheric Administration and its designee, the National Marine Fisheries Service (hereinafter referred to as "NMFS")), and U.S. Forest Service (collectively "Federal Defendants"), joined by Plaintiffs Center for Biological Diversity, Los Padres Forest Watch, Sierra Club, Defenders of Wildlife, and California Native Plant Society, and hereby respectfully request that the Court extend the filing deadline for Federal Defendants' reply in support of their combined opposition
Center for Biological Diversity, et al. v. FWS, et al., Civ. No. 3:08-cv-01278-MHP Joint Stip. to Extend Time for FD's Reply Br.

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to Plaintiff's motion for summary judgment and cross-motion for summary judgment by one day, to January 21, 2009. Pursuant to Local Rule 6-2, Federal Defendants state as follows in support of the relief requested herein: 1. Pursuant to the Scheduling Order in this case (Dckt. No. 22), Plaintiffs filed their

motion for summary judgment on November 17, 2008, Federal Defendants filed their combined opposition to Plaintiff's motion for summary judgment and cross-motion for summary judgment on December 15, 2008, and Plaintiffs filed their combined opposition and reply brief on January 5, 2009. Pursuant to the Scheduling Order, Federal Defendants' reply brief is currently due January 20, 2009, which is Inauguration Day, a Federal holiday. 2. Undersigned counsel has been informed that the U.S. Department of Justice

offices in Washington, D.C. will be closed on January 20, 2009. For that reason, Federal Defendants respectfully request that the deadline for Federal Defendants' reply brief be continued by one day, to January 21, 2009, to facilitate the filing of Federal Defendants' brief. 3. deadline. 4. The Parties do not anticipate that granting the relief requested herein will affect Federal Defendants have not previously requested an extension of time for this

the February 9, 2009 hearing date on the Parties' cross-motions for summary judgment. 7. Undersigned counsel for Federal Defendants has conferred with counsel for

Plaintiffs, Mr. Marc D. Fink, who has authorized undersigned counsel to represent that, provided that the requested extension for Federal Defendants' reply brief does not impact the February 9, 2009 hearing date on the Parties' cross-motions for summary judgment, Plaintiffs do not oppose the extension requested. WHEREFORE, the Parties hereby stipulate pursuant to Local Rule 7-12 that the Court may enter an Order extending the deadline for Federal Defendants' reply brief by one day, to January 21, 2009, provided that the requested extension for Federal Defendants' reply brief does not impact the February 9, 2009 hearing date on the Parties' cross-motions for summary judgment.
Center for Biological Diversity, et al. v. FWS, et al., Civ. No. 3:08-cv-01278-MHP 2 Joint Stip. to Extend Time for FD's Reply Br.

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IT IS SO STIPULATED DATED: January 6, 2009 RONALD J. TENPAS Assistant Attorney General Environment & Natural Resources Division JEAN E. WILLIAMS Chief, Wildlife & Marine Resources Section /s/ Robert P. Williams U.S. Department of Justice Environment & Natural Resources Division Wildlife & Marine Resources Section Ben Franklin Station, P.O. Box 7369 Washington, D.C. 20044-7369 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Federal Defendants DATED: January 6, 2009 /s/ Marc. D. Fink Marc D. Fink, pro hac vice Center for Biological Diversity 4515 Robinson Street Duluth, Minnesota 55804 Tel: [phone] Fax: [phone] E-Mail: [e-mail] Attorney for Plaintiffs

PURSUANT TO STIPULATION, IT IS SO ORDERED

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7 Dated: January ____, 2009

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Center for Biological Diversity, et al. v. FWS, et al., Civ. No. 3:08-cv-01278-MHP 3 Joint Stip. to Extend Time for FD's Reply Br.

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