Center for Biological Diversity et al v. Salazar et al

Filing 40

STIPULATION AND ORDER STAYING BRIEFING SCHEDULE AND VACATING 3/11/11 CASE MANAGEMENT CONFERENCE. Signed by Judge Joseph C. Spero on 03/04/11. (klhS, COURT STAFF) (Filed on 3/7/2011)

Center for Biological Diversity et al v. Salazar et al

Doc. 40

1 IGNACIA S. MORENO, Assistant Attorney General Environment and Natural Resources Division 2 KRISTEN L. GUSTAFSON, Assistant Chief 3 DANIEL J. POLLAK, Trial Attorney, State Bar No. 264285 Wildlife and Marine Resources Section 4 Ben Franklin Station, P.O. Box 7369 Washington, D.C. 20044-7369 5 Telephone: [phone] Facsimile: [phone] Email: [e-mail] 7 Attorneys for Defendants 8 9 DEBORAH S. REAMES, State Bar No. 117257 Email: [e-mail] 10 GEORGE M. TORGUN, State Bar No. 222085 Email: [e-mail] 11 Earthjustice 426 17th Street, 5th Floor 12 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] 14 Attorneys for Plaintiffs 15 16 17 CENTER FOR BIOLOGICAL DIVERSITY, ) 18 SIERRA FOREST LEGACY, ENVIRONMENTAL) PROTECTION INFORMATION CENTER, and ) 19 KLAMATH-SISKIYOU WILDLANDS CENTER, ) ) 20 Plaintiffs, ) ) 21 v. ) ) 22 KEN SALAZAR, in his official capacity as ) Secretary of the Interior, ROWAN GOULD, in his ) 23 official capacity as Acting Director, United States ) Fish and Wildlife Service, and UNITED STATES ) 24 FISH and WILDLIFE SERVICE, an agency of the ) United States Department of the Interior, ) 25 ) Defendants. ) 26 ) 27 28 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case No. 3:10-cv-01501-JCS Joint Case Management Report and Stipulated Request for Order Granting Stay

Dockets.Justia.com

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Plaintiffs Center for Biological Diversity, Sierra Forest Legacy, Environmental Protection

2 Information Center, and Klamath-Siskiyou Wildlands Center ("Plaintiffs"), and Defendants Ken 3 Salazar, Rowan Gould, and the U.S. Fish and Wildlife Service ("Defendants") herein report on 4 the status of this action and respectfully request pursuant to Civil Local Rule ("Civ. L.R.") 6-2 5 that the Court enter a motion staying this litigation for 45 days pending settlement negotiations 6 between the Plaintiffs and Defendants (collectively, "Parties"). The Parties also request that the 7 Court vacate the case management conference currently set for March 11, 2011 at 1:30 p.m. 8 9 BACKGROUND On December 15, 2010, the Court issued a Further Case Management and Pretrial Order

10 ("Case Management Order") (Docket No. 36) requiring the Defendants to file by December 7, 11 2010 the administrative records for the 2004-2008 findings challenged by Plaintiffs. The 12 Defendants filed these administrative records on December 7, 2010. See Docket Nos. 33, 34. 13 The Case Management Order further provided for the following briefing schedule: 14 Event 15 16 17 18 19 20 21 22 23 24 25 26 27 In addition, the Case Management Order called for the Parties to file an updated joint case management statement by March 4, 2011, and set a case management conference for March 11, 2011 at 1:30 p.m. Plaintiffs to file any motion concerning the sufficiency or content of the 20042008 administrative records. Plaintiffs' opening summary judgment brief. Defendants' combined summary judgment opposition and cross-motion. Plaintiffs' combined opposition/reply. Defendants to file reply. Date February 7, 2011 (i.e. 60 days after filing of the 2004-2008 administrative records). March 9, 2011 (i.e. 30 days after the deadline for motions concerning the sufficiency or content of the administrative records). 30 days after Plaintiffs' opening brief. 30 days after Defendants' main brief. 21 days after Plaintiffs' combined opposition/reply.

Center for Biological Diversity, et al. v. Salazar, et al., No. 3:10-cv-01501-JCS 28 Stipulated Request for Stay of Proceedings

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STATUS REPORT AND STIPULATION REGARDING STAY The Parties are now engaged in settlement negotiations that may render further litigation

3 unnecessary. Therefore, judicial economy would best be served by a stay. The Parties therefore 4 request and stipulate to a stay of any further proceedings for 45 days, and agree to file a joint 5 status report on or before April 18, 2011, advising the Court of the status of their settlement 6 discussions and describing whether additional time is needed to complete settlement, or whether 7 a new briefing schedule and hearing date should be set. The Parties also request that the Court 8 vacate the March 11, 2011 case management conference and the other litigation deadlines 9 described above. 10 For the reasons stated above, the Parties therefore respectfully request that the Court enter

11 an order staying the briefing schedule, vacating the March 11, 2011 case management 12 conference, and adopting the schedule set forth in this stipulation. 13 14 Respectfully submitted this 3rd day of March, 2011. 15 16 17 18 19 20 21 22 23 24 25 26 27 Center for Biological Diversity, et al. v. Salazar, et al., No. 3:10-cv-01501-JCS 28 Stipulated Request for Stay of Proceedings /s/ Daniel Pollak DANIEL POLLAK Trial Attorney U.S. Department of Justice Environment & Natural Resources Division Wildlife & Marine Resources Section Ben Franklin Station P.O. Box 7369 Washington, DC 20044-7369 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendants IGNACIA S. MORENO, Assistant Attorney General

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 PURSUANT TO STIPULATION, IT IS SO ORDERED. 15 16 17 18 19 20 21 22 23 24 25 26 27 Center for Biological Diversity, et al. v. Salazar, et al., No. 3:10-cv-01501-JCS 28 Stipulated Request for Stay of Proceedings Dated: 03/04 , 2011
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/s/ George M. Torgun (with permission) DEBORAH S. REAMES GEORGE M. TORGUN Earthjustice 426 17th Street, 5th Floor Oakland, CA 94612 Tel.: [phone] Fax: [phone] [e-mail] [e-mail] BRENDAN R. CUMMINGS Center for Biological Diversity P.O. Box 549 Joshua Tree, CA 92252 760-366-2232 760-366-2669 (fax) [e-mail] Attorneys for Plaintiffs

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JOSEPH C. SPERO United States Magistrate dJudge C. Spero h ge Josep
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CERTIFICATE OF SERVICE I hereby certify that on this 3rd day of March, 2011, I caused a copy of the foregoing

4 Stipulated Request for Order Granting Stay to be served on the counsel of record by means of the 5 Court's electronic filing system: 6 Deborah S. Reames 7 [e-mail] 8 George M. Torgun [e-mail] 9 Brendan R. Cummings 10 [e-mail] 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ Daniel Pollak DANIEL POLLAK