Center for Biological Diversity v. Kempthorne et al

Filing 30

STIPULATED REQUEST TO EXTEND STAY OF BRIEFING SCHEDULE AND ORDER. Signed by Judge Alsup on April 13, 2009. (whalc1, COURT STAFF) (Filed on 4/13/2009)

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JOHN C. CRUDEN Acting Assistant Attorney General Environment and Natural Resources Division United States Department of Justice JEAN E. WILLIAMS, CHIEF LISA L. RUSSELL, ASSISTANT CHIEF ERIK E. PETERSEN, D.C. BAR NO. 489073 Wildlife & Marine Resources Section Ben Franklin Station, P.O. Box 7369 Washington, D.C. 20044-7369 [phone], [phone] fax Attorneys for Federal Defendants WILLIAM S. EUBANKS II, N.C. BAR NO. 36743 HOWARD M. CRYSTAL, D.C. BAR. NO. 446189 ERIC R. GLITZENSTEIN, D.C. BAR NO. 358287 Pro hac vice Meyer Glitzenstein & Crystal 1601 Connecticut Avenue, N.W., Suite 700 Washington, D.C. 20009 [phone], [phone] fax MELISSA THRAILKILL, CAL. BAR NO. 256674 Center for Biological Diversity 351 California Street, Suite 600 San Francisco, CA 94104 [phone] Attorneys for Plaintiff Center for Biological Diversity

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ____________________________________ ) CENTER FOR BIOLOGICAL DIVERSITY, ) ) Case No. 3:08-cv-04595 WHA Plaintiff, ) v. ) STIPULATED REQUEST TO ) EXTEND STAY OF BRIEFING SCHEDULE KEN SALAZAR, et al., ) AND ORDER ) Defendants. )

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The Court's January 23, 2009 Scheduling Order provides that, in light of the parties' settlement discussions, no later than February 13, 2009, the parties were to file either a notice informing the Court that they will proceed with litigation, or, alternatively request to stay the briefing schedule in light of substantial progress in settlement discussions by that time. On February 13, 2009, the parties filed a stipulated request to stay the briefing schedule, and on February 17, 2009, this Court granted a stay that provides that no later than April 15, 2009, the parties shall either file a proposed Settlement Agreement or a notice informing the Court about the status of settlement negotiations. The parties believe that they have reached an agreement in principle and that they will soon finalize the settlement agreement. At this time, the parties are awaiting final approval of the agreement by officials of the Department of the Interior and the Department of Justice. These approvals will not be obtained early enough for the parties to meet the April 15, 2009 deadline. Therefore, the parties request that the Court extend the stay of the briefing schedule. The parties now anticipate that settlement discussions will be finalized, and they will be in a position to file a proposed Settlement May 1 Agreement with the Court, no later than May 15, 2009. Accordingly, it is hereby agreed and the parties stipulate, subject to the Court's approval, that May 1 this action is hereby STAYED; and it is further agreed that, by no later than May 15, 2009, the parties shall either file a proposed Settlement Agreement or a notice informing the Court about the status of settlement negotiations.

STIPULATED REQUEST TO STAY BRIEFING SCHEDULE - 2

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Respectfully Submitted, JOHN C. CRUDEN Acting Assistant Attorney General Environment and Natural Resources Division United States Department of Justice JEAN E. WILLIAMS, CHIEF LISA L. RUSSELL, ASSISTANT CHIEF /s/ Erik E. Petersen ERIK E. PETERSEN, D.C. BAR NO. 489073 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 [phone], [phone] fax Attorneys for Federal Defendants /s/ William S. Eubanks II WILLIAM S. EUBANKS II, N.C. BAR NO. 36743 HOWARD M. CRYSTAL, D.C. Bar. No. 446189 ERIC R. GLITZENSTEIN, D.C. BAR NO. 358287 Pro hac vice Meyer Glitzenstein & Crystal 1601 Connecticut Avenue, N.W., Suite 700 Washington, D.C. 20009 [phone] [phone] (fax) /s/ Melissa Thrailkill MELISSA THRAILKILL, CAL. BAR NO. 256674 Center for Biological Diversity 351 California Street, Suite 600 San Francisco, CA 94104 [phone], ext. 313 Attorneys for Plaintiff Center for Biological Diversity

STIPULATED REQUEST TO STAY BRIEFING SCHEDULE - 3

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PURSUANT TO STIPULATION, IT IS SO ORDERED

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_____________________________ William H. Alsup U.S. District Judge Alsup William
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