The Wilderness Society et al v. United States Department of Interior et al

Filing 36

STIPULATION AND ORDER FURTHER EXTENDING STAY OF PROCEEDINGS FOR ADDITIONAL 120 DAYS from 3/29/2010, re doc 35 filed by Steven Chu, United States Department of Interior, United States Bureau of Land Management, Tom Tidwell, United States Department of Agriculture, Ken Salazar, United States Forest Service, United States Department of Energy, Mike Pool, Tom Vilsack. Signed by Judge Vaughn R Walker on 3/30/2010. (cgk, COURT STAFF) (Filed on 3/30/2010)

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IGNACIA S. MORENO Assistant Attorney General Environment & Natural Resources Division United States Department of Justice DAVID B. GLAZER (D.C. 400966) Natural Resources Section Environment & Natural Resources Division United States Department of Justice 301 Howard Street, Suite 1050 San Francisco, California 94105 TEL: (415) 744­6491 FAX: [phone] e-mail: [e-mail] MEREDITH L. FLAX (D.C. 468016) Wildlife and Marine Resources Section Environment & Natural Resources Division United States Department of Justice P.O. Box 7369, Ben Franklin Station Washington, D.C. 20044-7369 TEL: [phone] FAX: [phone] e-mail: [e-mail] Attorneys for Federal Defendant

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

THE WILDERNESS SOCIETY, et al., Plaintiffs, v. U.S. DEPARTMENT OF THE INTERIOR, et al., Defendants.

No. 3:09-cv-03048 VRW STIPULATION OF THE PARTIES AND [PROPOSED] ORDER FURTHER EXTENDING STAY OF PROCEEDINGS

Date:

N/A

Time: N/A Hon. Vaughn R. Walker

Wilderness Soc'y, et al. v. U.S. Dep't of Interior, No. 3:09-cv-03048 VRW Stipulation of the Parties and Proposed Order Further Extending Stay of Proceedings

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Plaintiffs Wilderness Society, et al., and Defendants United States Department of the Interior, et al., submit this Stipulation and Proposed Order seeking an extension of the 60-day stay of litigation issued by this Court on September 28, 2009 [Dkt. #24] and extended by additional periods of 60 days each on December 10, 2009 [Dkt. #27], and February 4, 2010 [Dkt. #33]. The Parties jointly moved for a stay of proceedings [Dkt. #23] in order to accommodate settlement negotiations. The Parties requested that the Court extend that stay [Dkt. ##26, 32] in furtherance of those settlement proceedings. Since that time, the parties have met face-to-face and by video-conference to discuss options for resolving this case without litigation. The parties have agreed to a further exchange of information in April and have scheduled another meeting for that month. The parties believe that a further stay would assist the progress of these negotiations. Accordingly, the parties hereby stipulate, subject to Court approval, to a further stay of all proceedings for an additional 120 days from March 29, 2010. 1 SO STIPULATED: FOR THE PLAINTIFFS DATED: March 25, 2010 /s/ Katherine D. Renshaw KATHERINE D.RENSHAW [Concurrence obtained per General Order 45.X] (Admitted pro hac vice) Earthjustice 1625 Massachusetts Ave., N.W. Suite 702 Washington, D.C. 20036-2212 Tel: [phone] Fax: [phone] E-mail: [e-mail] JAMES S. ANGELL (Admitted pro hac vice) Earthjustice A hearing on the motion to intervene filed by Edison Electric Institute, et al. [Dkt. #28] has been reset by the Court for July 1, 2010 [Dkt. #34]. Wilderness Soc'y, et al. v. U.S. Dep't of Interior, No. 3:09-cv-03048 VRW Stipulation of the Parties and Proposed Order Further Extending Stay of Proceedings 1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: March 25, 2010

1400 Glenarm Place, Suite 300 Denver, CO 80202 Tel: [phone] Fax: [phone] E-mail: [e-mail] GREGORY C. LOARIE (Cal. Bar No. 2151859) Earthjustice 426 17th Street, 6th Floor Oakland, CA 94612 Tel: [phone] Fax: [phone] E-mal: [e-mail]
Counsel for Plaintiffs, The Wilderness Society, Bark; Center for Biological Diversity; Defenders of Wildlife; Great Old Broads for Wilderness; Klamath-Siskiyou Wildlands Center; National Parks Conservation Association; National Trust for Historic Preservation; Natural Resources Defense Council; Oregon Natural Desert Association; Sierra Club; Southern Utah Wilderness Alliance; Western Resource Advocates; Western Watersheds Project; County of San Miguel, CO

AMY R. ATWOOD (Admitted pro hac vice) Center for Biological Diversity P.O. Box 11374 Portland, OR 97211-0374 Tel: [phone] Fax: [phone] E-mail: [e-mail]
Counsel for Plaintiffs, Center for Biological Diversity; The Wilderness Society; Klamath-Siskiyou Wildlands Center; and San Miguel County, Colorado

FOR THE DEFENDANTS IGNACIA S. MORENO Assistant Attorney General Environment & Natural Resources Division /s/David B. Glazer DAVID B. GLAZER Natural Resources Section Environment & Natural Resources Division United States Department of Justice 301 Howard Street, Suite 1050 San Francisco, California Tel: [phone] Fax: [phone] E-mail: [e-mail] Wilderness Soc'y, et al. v. U.S. Dep't of Interior, No. 3:09-cv-03048 VRW Stipulation of the Parties and Proposed Order Further Extending Stay of Proceedings 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: March 25, 2010

MEREDITH L. FLAX Wildlife and Marine Resources Section Environment & Natural Resources Division United States Department of Justice P.O. Box 7369, Ben Franklin Station Washington, D.C. 20044-7369 TEL: [phone] FAX: [phone] e-mail: [e-mail]

ATTORNEY ATTESTATION OF CONCURRENCE I hereby attest that I have obtained concurrence in this filing for the signature of Plaintiffs' counsel indicated by a "conformed" signature ("/s/") within this e-filed document.

/s/David B. Glazer DAVID B. GLAZER Natural Resources Section Environment and Natural Resources Division United States Department of Justice 301 Howard Street, Suite 1050 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail]

Wilderness Soc'y, et al. v. U.S. Dep't of Interior, No. 3:09-cv-03048 VRW Stipulation of the Parties and Proposed Order Further Extending Stay of Proceedings

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[PROPOSED] ORDER Upon consideration of the Parties' Stipulation to Extend Stay of Proceedings, good cause having been shown, it is hereby ORDERED that the stay of proceedings issued on September 28, 2009, is hereby extended, and all proceedings are hereby stayed for an additional 120 days from March 29, 2010.

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Wilderness Soc'y, et al. v. U.S. Dep't of Interior, No. 3:09-cv-03048 VRW Stipulation of the Parties and Proposed Order Further Extending Stay of Proceedings

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: March 25, 2010

CERTIFICATE OF SERVICE I, David B. Glazer, hereby certify that I have caused the foregoing to be served upon counsel of record through the Court's electronic service system and by U.S. Mail, postage prepaid, on the following counsel: James S. Angell, Esq. Shute Mihaly & Weinberger 612 Old Santa Fe Trail, Suite B Santa Fe, New Mexico 87501

I declare under penalty of perjury that the foregoing is true and correct.

/s/David B. Glazer David B. Glazer

Wilderness Soc'y, et al. v. U.S. Dep't of Interior, No. 3:09-cv-03048 VRW Stipulation of the Parties and Proposed Order Further Extending Stay of Proceedings

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