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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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 For the Northern District of California United States District Court 8 NO. C 09-03048 JW The Wilderness Soc’y, et al., 12 ORDER CONTINUING STATUS CONFERENCE RE. SETTLEMENT Plaintiffs, v. 13 United States Dep’t of Interior, et al., 14 Defendants. 15 16 / This case is scheduled for a Status Conference on November 7, 2011. On October 28, 2011, 17 pursuant to the Federal Rules of Civil Procedure and the Local Rules of this Court, the parties 18 conferred and duly submitted a Joint Status Report. (See Docket Item No. 58.) In their Joint Status 19 Report, the parties inform the Court that they have “agreed on all terms of a settlement in principle, 20 including attorneys’ fees, and have jointly drafted a proposed Settlement Agreement.” (Id. at 1.) 21 Further, the parties contend that “another 60 days may be required” to obtain necessary approvals 22 from “officials at the several defendant agencies and from the Assistant Attorney General for the 23 Environment and Natural Resources Division.”1 (Id.) 24 25 26 27 28 1 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. 1 In light of the parties’ contentions regarding their agreement on a settlement in principle, the 2 Court finds that a Status Conference is not necessary at this time. Accordingly, the Court 3 CONTINUES the Status Conference Re. Settlement to January 23, 2012 at 10 a.m. On or before 4 January 13, 2012, the parties shall file a Stipulated Dismissal or a Joint Status Statement in lieu of 5 the dismissal. In their Joint Statement, the parties shall update the Court on the status of settlement 6 approvals. If the parties require additional time to have their settlement approved, the parties shall 7 specify the additional time needed. 8 9 Dated: November 2, 2011 JAMES WARE United States District Chief Judge 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: 2 Amy Rae Atwood atwood@biologicaldiversity.org David Bernard Glazer david.glazer@usdoj.gov Gregory C. Loarie gloarie@earthjustice.org J. Michael Klise jmklise@crowell.com James Stuart Angell jangell@earthjustice.org Meredith L. Flax Meredith.Flax@usdoj.gov 3 4 5 6 Dated: November 2, 2011 Richard W. Wieking, Clerk 7 By: 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ JW Chambers Susan Imbriani Courtroom Deputy

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