Center for Biological Diversity et al v. Salazar et al

Filing 10

STIPULATION AND ORDER re 8 Order Dismissing Case Modifying Stipulated Settlement Agreement and Order of Dismissal Signed by Judge Samuel Conti on 6/15/10. (tdm, COURT STAFF) (Filed on 6/15/2010)

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Miyoko Sakashita (CA Bar No. 239639) Andrea A. Treece (CA Bar No. 237639) Catherine W. Kilduff (CA Bar No. 256331) CENTER FOR BIOLOGICAL DIVERSITY 351 California Street, Suite 600 San Francisco, CA 94104 Phone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Plaintiffs Center for Biological Diversity and Turtle Island Restoration Network IGNACIA S. MORENO, Asst. Attorney General JEAN E. WILLIAMS, Section Chief 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 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA CENTER FOR BIOLOGICAL DIVERSITY ) and TURTLE ISLAND RESTORATION ) NETWORK, ) ) Plaintiffs, ) v. ) ) KEN SALAZAR and UNITED STATES ) FISH & WILDLIFE SERVICE, ) ) Defendants. ) ) Stipulation and [Proposed] Order Modifying Stipulated Settlement Agreement and Order of Dismissal No. C 10-992 SC STIPULATION AND [PROPOSED] ORDER MODIFYING STIPULATED SETTLEMENT AGREEMENT AND ORDER OF DISMISSAL

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No. C 10-992 SC

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 Stipulated Settlement Agreement and Order of Dismissal Pursuant to Civil L.R. 7-12, this Stipulated Settlement Agreement is entered into by and between Plaintiffs Center for Biological Diversity and Turtle Island Restoration Network, and Federal Defendants Ken Salazar, Secretary of the United States Department of the Interior, and the United States Fish and Wildlife Service (collectively "FWS" or "Service"): WHEREAS, on December 18, 2008, the Service made 12-month findings, pursuant to 16 U.S.C. § 1533(b)(3)(B)(ii), that listing seven penguin species, or subpopulations thereof (collectively the "seven penguin species") was warranted, and issued a proposed listing regulation for these species pursuant to 16 U.S.C. § 1533(b)(5), 73 Fed. Reg. 77,264 (Dec. 18, 2008); 73 Fed. Reg. 77,303 (Dec. 18, 2008); 73 Fed. Reg. 77,332 (Dec. 18, 2008); WHEREAS, on March 9, 2010, Plaintiffs filed a Complaint for declaratory and injunctive relief, challenging the Service's failure, as to the seven penguin species, to issue a final listing determination within one year as required by 16 U.S.C. § 1533(b)(6)(A)(i); WHEREAS, on June 3, 2010, the Court approved the parties' Stipulated Settlement Agreement resolving this action, and entered an Order dismissing this case, Doc. No. 8; WHEREAS, it has come to the parties' attention that paragraph 3 of the Stipulated Settlement Agreement, as submitted to the Court, misidentifies the species at issue; WHEREAS, Paragraph 5 of the Stipulated Settlement Agreement and Order provides that this Court may modify the terms of the Order upon good cause shown; WHEREAS, Plaintiffs and Defendants agree that correction of the Stipulated Settlement Agreement and Order is advisable; NOW, THEREFORE, IT IS STIPULATED BY AND BETWEEN THE PARTIES AS FOLLOWS: // // //

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1.

Paragraph 3 of the Stipulated Settlement Agreement and Order shall be modified to read

as follows: 3. On or before January 28, 2011, the Service shall submit to the Federal Register a final listing determination, pursuant to 16 U.S.C. § 1533(b)(6)(A)(i), as to its proposal to list the Campbell Plateau portion of the range of the New Zealand/Australia distinct population segment of the southern rockhopper penguin, Eudyptes chrysocome. 2. The remaining provisions of the Stipulated Settlement Agreement and Order shall remain

in effect and are unchanged by this modification.

Dated: June 14, 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/ Catherine W. Kilduff (by LEF, as authorized 6/14/10) Catherine W. Kilduff (CA Bar No. 256331) Andrea A. Treece (CA Bar No. 237639) Miyoko Sakashita (CA Bar No. 239639) CENTER FOR BIOLOGICAL DIVERSITY Stipulation and [Proposed] Order Modifying Stipulated Settlement Agreement and Order of Dismissal

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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 Stipulated Settlement Agreement and Order of Dismissal

351 California Street, Suite 600 San Francisco, CA 94104 Phone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] [e-mail] Attorneys for Plaintiffs PURSUANT TO STIPULATION, IT IS SO ORDERED.
UNIT ED

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UNITED STATES DISTRICT JUDGE
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Judge S amuel C onti

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6/15/10

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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 June 14, 2010, I electronically filed the foregoing STIPULATION AND [PROPOSED] ORDER MODIFYING STIPULATED SETTLEMENT AGREEMENT AND ORDER OF DISMISSAL with the Clerk of the Court via the CM/ECF system, which will send notification of such to the attorneys of record. v. KEN SALAZAR, et al., Defendants. CENTER FOR BIOLOGICAL DIVERSITY, et al., Plaintiffs, ) ) ) ) ) ) ) ) ) ) )

No. C 10-992 SC CERTIFICATE OF SERVICE