Center for Biological Diversity v. Salazar et al

Filing 10

STIPULATION AND ORDER continuing the Motion Hearing to 6/29/2009 at 10:00 AM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 05/18/09. (rbe, COURT STAFF) (Filed on 5/19/2009)

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JOHN CRUDEN, Acting Assistant Attorney General JEAN E. WILLIAMS, Chief LISA L. RUSSELL, Assistant Chief JOHN H. MARTIN III, Trial Attorney CO Bar # 32667 U.S. Department of Justice Environment and Natural Resources Division Wildlife and Marine Resources Section 1961 Stout Street, 8th Floor Denver, CO 80294 [e-mail] [phone] [phone] (fax) Attorneys for Federal Defendants UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION CENTER FOR BIOLOGICAL DIVERSITY, Plaintiff, v. KEN SALAZAR, in his official capacity as Secretary of the Interior; and UNITED STATES FISH AND WILDLIFE SERVICE, an agency of of the United States Department of the Interior, Defendants ) ) ) ) ) ) ) ) ) ) ) )

Case No. 3:09-cv-01415-THE JOINT STIPULATION FOR EXTENSION OF TIME

Plaintiff Center for Biological Diversity ("Plaintiff") and Defendants United States Fish and Wildlife Service et alia ("Federal Defendants"), by and through their undersigned counsel, pursuant to Civil L.R. 6-2(a), present this stipulation to enlarge the deadlines for Federal Defendants to file an Opposition to Plaintiff's Motion for Summary Judgment and for Plaintiff to file a Reply in support of its Motion for Summary Judgment. The Parties state as follows:

Joint Stipulation for Extension of Time Case No. 3:09-cv-01415-THE

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WHEREAS, pursuant to Civ. L.R. 6-2, "[t]he parties may file a stipulation, conforming to Civil L.R. 7-12, requesting an order changing time that would . . . extend time frames set in the Local Rules or in the Federal Rules;" and WHEREAS, Plaintiff served its Complaint on the Federal Defendants on April 9, 2009 (Docket # 5), and Federal Defendants' Answer is due June 10, 2009, WHEREAS, Plaintiff filed a Motion for Summary Judgment on May 8, 2009 (Docket # 6), and noticed a hearing on that motion for June 15, 2009. Federal Defendants' Opposition to that motion is presently due May 26, 2009, and Plaintiff's Reply is due June 1, 2009. WHEREAS, there have been no previous extensions of time of the deadline for Federal Defendants' Opposition to Plaintiff's Motion for Summary Judgment; WHEREAS, the Parties have reached a tentative proposed settlement of Plaintiff's claim, and intend to continue to negotiate regarding other elements necessary to complete settlement of this case, including Plaintiff's claim for attorney's fees. Counsel for the Parties intend to prepare the requisite papers for submission to the United States Department of Justice and the Parties in support of the proposed settlement, and seek the requisite settlement approvals and authorizations. The Parties wish to conserve their and the Court's resources by deferring the expenditure of significant time and resources on the active litigation of this case while their settlement negotiations and approval processes are underway. WHEREAS, the Parties request a two week extension of time, from May 26, 2009, to June 8, 2009, for Federal Defendants' to file their Opposition to Plaintiff's Motion for Summary Judgment, and a ten day extension of time, from June 1, 2009, to June 11, 2009, for Plaintiff to file

Joint Stipulation for Extension of Time Case No. 3:09-cv-01415-THE

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its reply brief in support of summary judgment. WHEREAS, if the Parties have not finalized and executed their proposed settlement by June 2, 2009, the Parties would respectfully propose that they file a joint status report on or before that date informing the Court of the status of their efforts to resolve the issues and claims in this case and making a proposal to the Court about whether and how to proceed with this case. WHEREAS, the agreed-upon extension will not affect or alter any current scheduling deadlines fixed by this Court's Order Setting Initial Case Management Conference and ADR Deadlines, filed April 1, 2009; and WHEREAS, granting this joint request for extension of time will not cause any undue prejudice or harm to the interests of the Parties herein. Rather, it will serve the public interest by enabling the judicious use of limited resources and allowing the Parties to focus their attention and energy on their efforts and energies to completing their tentative proposed settlement. NOW, THEREFORE, the Parties stipulate as follows: 1. Federal Defendants' time in which to respond to Plaintiff's Motion for Summary Judgment shall be enlarged to June 8, 2009. 2. Plaintiff's time in which to reply to its Motion for Summary Judgment shall be enlarged to June 11, 2009. 2. On June 2, 2009, the Parties shall file a Joint Status Report informing the Court of the status of their efforts to resolve the issues and claims in this case and making a proposal to the Court about whether and how to proceed with this case. The hearing currently scheduled for June 15, 2009 shall be continued to June 29, 2009 at 10:00 AM.
Joint Stipulation for Extension of Time Case No. 3:09-cv-01415-THE

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Respectfully submitted this 15th day of May, 2009. JOHN CRUDEN, Acting Assistant Attorney General JEAN E. WILLIAMS, Chief LISA L. RUSSELL Assistant Chief By: /s/ John H. Martin, III JOHN H. MARTIN, III (CO Bar # 32667) Trial Attorney U.S. Department of Justice Environment & Natural Resources Division Wildlife & Marine Resources Section 1961 Stout Street, 8th Floor Denver, CO 80294 [phone] [phone] (fax) Email: [e-mail] OF COUNSEL: Kerry O'Hara Office of the Solicitor United States Department of the Interior Sacramento, CA 95825 Attorneys for Federal Defendants

Joint Stipulation for Extension of Time Case No. 3:09-cv-01415-THE

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Joint Stipulation for Extension of Time Case No. 3:09-cv-01415-THE

By: /s/Brendan Cummings Brendan Cummings (CA Bar No. 193952) CENTER FOR BIOLOGICAL DIVERSITY P.O. Box 549 Joshua Tree, CA 92252 Phone: [phone] Facsimile: [phone] Email: [e-mail] Andrea A. Treece (CA Bar No. 237639) CENTER FOR BIOLOGICAL DIVERSITY 351 California Street, Suite 600 San Francisco, CA 94104 Phone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiff

PURSUANT TO STIPULATION, IT IS SO ORDERED, DATED: 05/18/09

UNIT ED

HON. THELTON E. HENDERSON United States District Court

S DISTRICT TE C TA ______________________________

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