Center for Biological Diversity v. Chertoff et al

Filing 20

ORDER REGARDING DEFENDANTS' FIRST AMENDED ANSWER AND SCHEDULE FOR CASE MANAGEMENT CONFERENCE AND CROSS-MOTIONS FOR SUMMARY JUDGMENT. Defendants shall file their amended answer no later than November 21, 2008, the hearing on the parties' cross-motions shall be on January 23, 2009, and the Case Management Conference is continued to March 6, 2009. Signed by Judge Maxine M. Chesney on November 7, 2008. (mmclc2, COURT STAFF) (Filed on 11/7/2008)

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Deborah A. Sivas (Calif. Bar No. 135446) Leah J. Russin (Calif. Bar No. 225336) Carolyn Bills (Certified Law Student) Edmund J. Gorman, Jr. (Certified Law Student) ENVIRONMENTAL LAW CLINIC Mills Legal Clinic at Stanford Law School Crown Quadrangle 559 Nathan Abbott Way Stanford, California 94305 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Andrea A. Treece (Calif. Bar No. 237639) CENTER FOR BIOLOGICAL DIVERSITY 351 California Street, Suite 600 San Francisco, California, 94104 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Plaintiff

RONALD J. TENPAS Assistant Attorney General KEVIN W. McARDLE, Trial Attorney United States Department of Justice Environment and Natural Resources Division Wildlife & Marine Resources Section 601 D Street, NW, Third Floor Washington, DC 20004 Tele: [phone] Fax: [phone] [e-mail] Attorneys for the Defendants

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION CENTER FOR BIOLOGICAL DIVERSITY, Plaintiff, v. MICHAEL CHERTOFF, in his official capacity as Secretary of the U.S. Department of Homeland Security, REAR ADMIRAL PAUL F. ZUKUNFT, in his official capacity as Commander of U.S. Coast Guard District Eleven, and UNITED STATES COAST GUARD, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. 3:08-cv-02999-MMC STIPULATION REGARDING DEFENDANTS' FIRST AMENDED ANSWER AND SCHEDULE FOR CASE MANAGEMENT CONFERENCE AND CROSS-MOTIONS FOR SUMMARY JUDGMENT ; ORDER

Stipulation Re: Defs.' First Amended Answer and Schedule, Etc.

Case No. 3:08-cv-02999-MMC

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Plaintiff, the Center for Biological Diversity, and Defendants, Michael Chertoff, et al., by and through undersigned counsel, hereby stipulate to the filing of Defendants' First Amended Answer and a revised schedule for the case management conference and briefing on crossmotions for summary judgment as set forth below. RECITALS WHEREAS, on June 18, 2008, Plaintiff filed its Complaint. WHEREAS, on August 18, 2008, Defendants filed their Answer; WHEREAS, on October 31, 2008, Defendants filed a Motion to File a First Amended Answer, to which Plaintiffs have now consented. WHEREAS, on August 26, 2008, Plaintiff filed its Motion for Summary Judgment. WHEREAS, pursuant to the Court's Order dated September 4, 2008, Defendants' Opposition to Plaintiffs' Motion for Summary Judgment is due November 10, 2008; Plaintiff's reply brief is due November 24, 2008; and oral argument is scheduled for December 12, 2008. WHEREAS, on October 28, 2008, Defendants informed Plaintiff that Defendants intend to file a Cross-Motion for Summary Judgment. WHEREAS, there is a Case Management Conference currently scheduled for November 21, 2008. WHEREAS, the parties continue to discuss settlement. Further, they have yet to be contacted by the ADR office for the Early Settlement Conference in accordance with the stipulation they filed on September 3, 2008. WHEREAS, the parties have conferred and believe that a new revised schedule for briefing on cross-motions for summary judgment would conserve resources and promote efficiency. THEREFORE, THE PARTIES HEREBY STIPULATE AS FOLLOWS: 1. as follows: · Defendants' Cross-Motion for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment shall be due on November 14,
Stipulation Re: Defs.' First Amended Answer and Schedule, Etc. Case No. 3:08-cv-02999-MMC

The briefing schedule in the Court's Order dated September 4, 2008, is modified

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2008, and the combined supporting memorandum shall not exceed 25 pages; Plaintiff's combined Reply in support of Plaintiffs' Motion for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment shall be due on December 12, 2008, and shall not exceed 35 pages; Defendants' reply brief shall be due January 9, 2009, and shall not exceed 20 pages. The hearing on the parties' cross-motions for summary judgment shall be January

Within seven days of the date of the Court's Order approving this Stipulation,

Defendants shall file a Notice of Withdrawal of their Motion to Amend their Answer (filed on October 31, 2008), and, having received Plaintiff's written consent, may file their First Amended Answer pursuant to Fed. R. Civ. P. 15(a)(2). 4. To allow more time for settlement discussions, and to accommodate counsels'

schedules, the Case Management Conference shall be held on December 12, 2008

Respectfully submitted, DATED: November 5, 2008 RONALD J. TENPAS Acting Assistant Attorney General /s/ Kevin W. McArdle KEVIN W. McARDLE, Trial Attorney U.S. Department of Justice Environment & Natural Resources Division Wildlife and Marine Resources Section Benjamin Franklin Station, P.O. Box 7369 Washington, D.C. 20044-7369 Tele: [phone] Fax: [phone] [e-mail]

Attorneys for Federal Defendants

Stipulation Re: Defs.' First Amended Answer and Schedule, Etc.

Case No. 3:08-cv-02999-MMC

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DATED:

November 5, 2008

ENVIRONMENTAL LAW CLINIC Mills Legal Clinic at Stanford Law School /s/ Leah Russin Leah J. Russin Counsel for Plaintiff

IT IS SO ORDERED., with the exceptions that defendants' reply brief shall not exceed 15 pages, defendants' answer shall be filed no later than November 21, 2008, and the Case Management Conference is continued to March 6, 2009. November 7 Dated: ______________________, 2008 HON. MAXINE CHESNEY UNITED STATES DISTRICT JUDGE

Stipulation Re: Defs.' First Amended Answer and Schedule, Etc.

Case No. 3:08-cv-02999-MMC

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