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

Filing 52

ORDER re 50 Stipulation, filed by Steven Chu, United States Department of Interior, United States Bureau of Land Management, Robert Abbey, Tom Tidwell, United States Department of Agriculture, Ken Salazar, United States Forest Service, United States Department of Energy, Tom Vilsack. Signed by Judge James Ware on May 2, 2011. (jwlc4, COURT STAFF) (Filed on 5/2/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
NO. C 09-03048 JW

The Wilderness Soc’y, et al.,

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ORDER GRANTING IN PART PARTIES’
STIPULATION FURTHER EXTENDING
STAY OF PROCEEDINGS

Plaintiffs,
v.

For the Northern District of California

United States District Court

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United States Dep’t of Interior, et al.,
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Defendants.
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/

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Presently before the Court is a Stipulation of the Parties Further Extending Stay of

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Proceedings. (hereafter, “Stipulation,” Docket Item No. 50.) The Court has issued five Orders in

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this case extending the stay of proceedings that has been in place since September 28, 2009.1

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The parties seek to extend the most recent extension of the stay, which expired on March 1, 2011,

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for an additional 150 days. (Stipulation at 1.)

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Upon review, the Court finds good cause to extend the stay for purposes of completing a

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settlement between the parties.2 However, as this case has been stayed for over two years, the Court

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finds that an extended stay is no longer effective.

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(See Docket Item Nos. 24, 27, 33, 36, 42 and 44.)

On April 28, 2011, Intervenor-Defendants filed a Response to the parties’ Stipulation
indicating that they were not opposed to a renewed stay but objected to continuing settlement
discussions without their involvement. (See Docket Item No. 51.) Thus, the parties shall make
every effort to include Intervenor-Defendants in further settlement discussions to the extent that
those discussions implicate the interests of Intervenor-Defendants.

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Accordingly, the Court GRANTS in part the parties’ Stipulation as follows:

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(1)

The stay of proceedings is extended until June 20, 2011;

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(2)

On June 20, 2011 at 10 a.m., the Court will conduct a Status Conference re:

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Settlement.
(3)

On or before June 10, 2011, the parties shall file a Joint Status Conference Statement

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which provides the Court with an update on settlement discussions including whether

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the parties have reached an agreement. If an agreement has not been reached the

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parties shall include in their Statement a good faith proposed schedule as to how this

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case should proceed.

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For the Northern District of California

United States District Court

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Dated: May 2, 2011
JAMES WARE
United States District Chief Judge

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

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Amy Rae Atwood [e-mail]
David Bernard Glazer [e-mail]
David Bernard Glazer [e-mail]
David Bernard Glazer [e-mail]
Gregory C. Loarie [e-mail]
Gregory C. Loarie [e-mail]
J. Michael Klise [e-mail]
James Stuart Angell [e-mail]
Meredith L. Flax [e-mail]

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Dated: May 2, 2011

Richard W. Wieking, Clerk

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For the Northern District of California

United States District Court

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By:

/s/ JW Chambers
Susan Imbriani
Courtroom Deputy