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

Filing 59

ORDER CONTINUING STATUS CONFERENCE RE: SETTLEMENT Status Report due by 1/13/2012. Status Conference set for 1/23/2012 10:00 AM in Courtroom 9, 19th Floor, San Francisco before Hon. James Ware. Signed by Judge James Ware on 11/2/11. (sis, COURT STAFF) (Filed on 11/2/2011)

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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

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For the Northern District of California

United States District Court

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NO. C 09-03048 JW

The Wilderness Soc’y, et al.,

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ORDER CONTINUING STATUS
CONFERENCE RE. SETTLEMENT

Plaintiffs,
v.

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United States Dep’t of Interior, et al.,
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Defendants.
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This case is scheduled for a Status Conference on November 7, 2011. On October 28, 2011,

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pursuant to the Federal Rules of Civil Procedure and the Local Rules of this Court, the parties

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conferred and duly submitted a Joint Status Report. (See Docket Item No. 58.) In their Joint Status

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Report, the parties inform the Court that they have “agreed on all terms of a settlement in principle,

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including attorneys’ fees, and have jointly drafted a proposed Settlement Agreement.” (Id. at 1.)

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Further, the parties contend that “another 60 days may be required” to obtain necessary approvals

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from “officials at the several defendant agencies and from the Assistant Attorney General for the

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Environment and Natural Resources Division.”1 (Id.)

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In the Joint Status Report, the parties also “request that their obligation to answer the
complaint (currently due October 28, 2011) be stayed until January 13, 2012, if the case has not
been dismissed pursuant to the proposed Settlement Agreement by that time.” (Id.) However,
because the parties did not request this stay until October 28, 2011, the date on which Defendants’
“obligation to answer the complaint” was “due,” the Court DENIES as moot this request.

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In light of the parties’ contentions regarding their agreement on a settlement in principle, the

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Court finds that a Status Conference is not necessary at this time. Accordingly, the Court

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CONTINUES the Status Conference Re. Settlement to January 23, 2012 at 10 a.m. On or before

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January 13, 2012, the parties shall file a Stipulated Dismissal or a Joint Status Statement in lieu of

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the dismissal. In their Joint Statement, the parties shall update the Court on the status of settlement

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approvals. If the parties require additional time to have their settlement approved, the parties shall

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specify the additional time needed.

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

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For the Northern District of California

United States District Court

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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]
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: November 2, 2011

Richard W. Wieking, Clerk

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By:
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For the Northern District of California

United States District Court

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/s/ JW Chambers
Susan Imbriani
Courtroom Deputy