Center For Biological Diversity et al v. Lubchenco et al

Filing 52

STIPULATION & ORDER Modifying Briefing Schedule re 50 Stipulation - AS MODIFIED. Signed by Mag. Judge Elizabeth D. Laporte on 3/19/2010. (edllc1, COURT STAFF) (Filed on 3/19/2010)

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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 Stipulation and [Proposed] Order Modifying Briefing Schedule 1 No. C 09-4087 EDL Pursuant to Civil L.R. 6-2, this Stipulation is entered into by and between Plaintiffs Center for Biological Diversity and Greenpeace, Inc., and Federal Defendants Jane Lubchenco, Administrator of the National Oceanic and Atmospheric Administration, the National Marine STATE OF ALASKA, Movant-Intervenor-Defendant. v. JANE LUBCHENCO, et al., Defendants, CENTER FOR BIOLOGICAL DIVERSITY, et al. Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

No. C 09-4087 EDL STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING SCHEDULE AS MODIFIED

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Fisheries Service, and Gary F. Locke, Secretary of the United States Department of Commerce (collectively "NMFS"): WHEREAS, pursuant to the parties' Joint Case Management Statement (Doc. No. 24) and this Court's Scheduling Order (Doc. Nos. 35-36), NMFS filed the Administrative Record on January 15, 2010 (Doc. No. 40); WHEREAS, under the Scheduling Order, Plaintiffs are required to file any motion regarding the Administrative Record by March 21, 2010; WHEREAS, the parties have discussed the Administrative Record and have agreed to supplementation of the Record; WHEREAS, NMFS needs additional time to supplement the Record and Plaintiffs need additional time to review the supplement, and to incorporate the supplement into their opening brief; WHEREAS, NMFS counsel has an unavoidable scheduling conflict from May 14 to 26, 2010; WHEREAS, no previous extensions of time have been sought by any party; NOW, THEREFORE, Plaintiffs and Federal Defendants stipulate to modify the briefing schedule in this matter as follows: 1. NMFS shall lodge its supplement to the Administrative Record no later than March 26, 2010. NMFS shall lodge the supplement on compact disk and shall provide a courtesy paper copy to the Court. 2. Any motion regarding the contents of the Administrative Record shall be filed no later than April 2, 2010. The filing of such a motion shall vacate any briefing schedule on summary judgment. 3. Plaintiffs shall file their opening summary-judgment brief no later than April 2, 2010. 4. Federal Defendants shall file their opening summary-judgment brief no later than June 4, 2010. 5. Plaintiffs shall file their response-reply brief no later than June 25, 2010.

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6. Federal Defendants shall file their reply brief no later than July 19, 2010. 7. The hearing on cross-motions for summary judgment shall remain set for July 30, 2010 at 9:00 a.m. be set for August 12, 2010 at 2:00 p.m.

Dated: March 18, 2010

Respectfully submitted, IGNACIA S. MORENO, Asst. Attorney General JEAN E. WILLIAMS, Section Chief

/s/ Lawson E. Fite LAWSON E. FITE, Trial Attorney Ore. Bar No. 055573 United States Department of Justice Environment & Natural Resources Division Wildlife & Marine Resources Section Ben Franklin Station P.O. Box 7369 Washington, DC 20044-7369 Phone: [phone] Fax: [phone] Email: [e-mail] Attorneys for Defendants

/s/ Brendan Cummings (by LEF, as authorized 3/18/10) Andrea A. Treece (CA Bar No. 237639) Miyoko Sakashita (CA Bar No. 239639) CENTER FOR BIOLOGICAL DIVERSITY 351 California Street, Suite 600 San Francisco, CA 94104 Phone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Brendan R. Cummings (CA Bar No. 193952) CENTER FOR BIOLOGICAL DIVERSITY P.O. Box 549 Stipulation and [Proposed] Order Modifying Briefing Schedule

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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 Stipulation and [Proposed] Order Modifying Briefing Schedule

Joshua Tree, CA 92252 Phone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiffs PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: March 19, 2010
UNITED STATES MAGISTRATE JUDGE

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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 /s/ Lawson E. Fite LAWSON E. FITE I hereby certify that on March 18, 2010, I electronically filed the foregoing STIPULATION AND [PROPOSED] ORDER with the Clerk of the Court via the CM/ECF system, which will send notification of such to the attorneys of record. v. JANE LUBCHENCO, et al., Defendants. CENTER FOR BIOLOGICAL DIVERSITY, et al., Plaintiffs, ) ) ) ) ) ) ) ) ) ) )

No. C 09-4087 EDL CERTIFICATE OF SERVICE