High Sierra Hikers Association v. United States Department of the Interior et al

Filing 122

STIPULATION AND ORDER SUBMISSION OF PROPOSED BASE LEVEL OF OVERNIGHT COMMERCIAL STOCK USE. Signed by Judge Richard Seeborg on 5/29/12. (cl, COURT STAFF) (Filed on 5/29/2012)

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1 2 3 4 5 6 7 ALISON M. TUCHER (CA SBN 171363) ATucher@mofo.com NATHAN B. SABRI (CA SBN 252216) NSabri@mofo.com BARBARA BARATH (CA SBN 268146) BBarath@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 Attorneys for Plaintiff HIGH SIERRA HIKERS ASSOCIATION 8 See signature page for additional appearances of counsel 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 13 HIGH SIERRA HIKERS ASSOCIATION, Plaintiff, 14 15 16 v. UNITED STATES DEPARTMENT OF THE INTERIOR, et al., Case No. 3:09-cv-04621-RS STIPULATED SUBMISSION OF PROPOSED BASE LEVEL OF OVERNIGHT COMMERCIAL STOCK USE AND [PROPOSED] ORDER 17 Defendants. 18 19 20 21 22 2 24 25 26 27 28 STIPULATED SUBMISSION OF PROPOSED BASE LEVEL OF OVERNIGHT COMMERCIAL STOCK USE AND [PROPOSED] ORDER CASE NO. CV-09-4621-RS sf- 3150948 1 WHEREAS, the Court held a hearing (Dkt. No. 118) on Plaintiff High Sierra Hikers 2 Association (“High Sierra”)’s Motion for Partial Vacatur and Injunctive Relief (Dkt. No. 101) on 3 May 23, 2012, and took that Motion under advisement; 4 WHEREAS, the Court requested at the hearing that the parties meet and confer in an 5 effort to agree upon the base level of overnight commercial stock use to be used by the Court in 6 determining commercial stock use in wilderness areas of Sequoia and Kings Canyon National 7 Parks (“Base Level”); 8 9 10 WHEREAS, on May 23 and 24, 2012, counsel for High Sierra and Defendants United States Department of the Interior, et al. (“Defendants”) met and conferred, pursuant to the Court’s request, and have agreed upon the Base Level; 11 NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties hereto, 12 through their counsel of record, and subject to the Court’s approval, that the Court should use an 13 annual total number of 3,200 stock use nights as the Base Level, subject to any adjustment or 14 reduction that the Court may deem to be warranted as an interim measure. 15 16 17 Dated: May 25, 2012 ALISON M. TUCHER NATHAN B. SABRI BARBARA BARATH MORRISON & FOERSTER LLP 18 19 20 21 22 2 24 By: /s/ Barbara N. Barath Barbara N. Barath 425 Market Street San Francisco, California 94105-2482 Telephone: 415.268.7000 Facsimile: 415.268.7522 Email: nsabri@mofo.com Attorneys for Plaintiff 25 26 27 28 STIPULATED SUBMISSION OF PROPOSED BASE LEVEL OF OVERNIGHT COMMERCIAL STOCK USE AND [PROPOSED] ORDER CASE NO. CV-09-4621-RS sf- 3150948 1 1 Dated: May 25, 2012 CHARLES R. SHOCKEY 2 3 By: 4 /s/ Charles R. Shockey Charles R. Shockey 8 U.S. Department of Justice Environmental and Natural Resources Division Natural Resources Section 501 “I” Street, Suite 9-700 Sacramento, California 95814-2322 Telephone: 916.930.2203 Facsimile: 916.930.2210 Email: charles.shockey@usdoj.gov 9 Attorneys for Defendants 5 6 7 10 11 12 [PROPOSED] ORDER Pursuant to stipulation, IT IS SO ORDERED. 13 14 15 5/29/12 DATED: _____________________ ___________________________________ The Hon. Richard Seeborg United States District Judge 16 17 18 19 20 21 22 2 24 25 26 27 28 STIPULATED SUBMISSION OF PROPOSED BASE LEVEL OF OVERNIGHT COMMERCIAL STOCK USE AND [PROPOSED] ORDER CASE NO. CV-09-4621-RS sf- 3150948 2

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