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

Filing 44

STIPULATION AND ORDER FURTHER EXTENDING STAY OF PROCEEDINGS re doc 43 . Upon consideration of the parties' stipulation, it is hereby ORDERED that the stay of proceedings issued on 9/28/2009 is hereby extended, and all proceedings are hereby stayed until 3/1/2011 or such time as the parties advise the court that they have reached an agreed upon disposition. Signed by Judge Vaughn R Walker on 11/29/2010. (cgk, COURT STAFF) (Filed on 11/29/2010)

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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

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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], and for an additional 120 days each on March 30, 2010 [Dkt. #36] and July 27, 2010 [Dkt. #42]. 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, 35, 41] in furtherance of those settlement proceedings. Since that time, the parties have continued to make progress towards resolving this case without litigation. The parties believe that a further stay would assist the progress of those negotiations. Accordingly, the parties hereby stipulate, subject to Court approval, to a further stay of all proceedings for an additional 90 days from November 26, 2010. SO STIPULATED: FOR THE PLAINTIFFS DATED: November 23, 2010 /s/James S. Angell JAMES S. ANGELL (Admitted pro hac vice) Earthjustice 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;

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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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/ Meredith L. Flax 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] 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

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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. Dated: November 23, 2010 /s/ Meredith L. Flax 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]

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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 90 days from November 26, 2010. until March 1, 2011 or such time as the parties advise the court that they have reached an agreed upon disposition.

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CERTIFICATE OF SERVICE I, Meredith L. Flax, hereby certify that I have caused the foregoing to be served upon counsel of record through the Court's electronic service system. I declare under penalty of perjury that the foregoing is true and correct. Dated: November 23, 2010 /s/ Meredith L. Flax Meredith L. Flax

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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