Center for Biological Diversity et al v. Salazar et al

Filing 42

STIPULATION AND ORDER FOR EXTENSION OF STAY. Signed by Judge Joseph C. Spero on 4/19/11. (klh, COURT STAFF) (Filed on 4/19/2011)

Case3:10-cv-01501-JCS Document41

Filed04/18/11 Page1 of 4

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]
6 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]
13 Facsimile: [phone]
14 Attorneys for Plaintiffs
15

UNITED STATES DISTRICT COURT

16

FOR THE NORTHERN DISTRICT OF CALIFORNIA

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.
)
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)
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Case No. 3:10-cv-01501-JCS
Joint Status Report
and Stipulated Request for
Extension of Stay

Case3:10-cv-01501-JCS Document41

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Filed04/18/11 Page2 of 4

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 the
4 status of this action and respectfully request, pursuant to Local Civil Rule 6-2, that the Court enter
5 an order extending the current stay of this litigation for an additional 30 days pending continuing
6 settlement discussions between the Plaintiffs and Defendants (collectively, “Parties”).
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8

STATUS REPORT AND STIPULATED REQUEST TO EXTEND STAY
On March 4, 2011, the Court entered an order adopting the Parties’ stipulation to a stay of

9 proceedings pending settlement negotiations. See Docket No. 40. That stipulation also provided
10 that the Parties would file a joint status report on or before April 18, 2011, advising the Court of
11 whether additional time was needed for such settlement discussions or whether a new briefing
12 schedule and hearing date should be set.
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The Parties hereby report that the Parties are still engaged in settlement discussions. An
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additional stay of 30 days should allow the Parties to determine whether settlement is possible or
15
not, and judicial economy would best be served by such an extension of the current stay. The
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Parties therefore stipulate to an extension of the current stay until May 18, 2011, and agree that
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they will will file by that date a new joint status report advising the Court of the status of
18
settlement and whether a new briefing schedule and hearing date should be set.
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For the reasons stated above, the Parties therefore respectfully request that the Court enter
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an order extending the current stay and adopting the schedule set forth above.
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22 Respectfully submitted this 18th day of April, 2011.
23
24

IGNACIA S. MORENO,
Assistant Attorney General

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/s/ Daniel Pollak
DANIEL POLLAK

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

Page 2

Case3:10-cv-01501-JCS Document41

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Filed04/18/11 Page3 of 4

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]

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3
4
5
6

Attorneys for Defendants

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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]

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9
10
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12
13

BRENDAN R. CUMMINGS
Center for Biological Diversity
P.O. Box 549
Joshua Tree, CA 92252
760-366-2232
760-366-2669 (fax)
[e-mail]

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15
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Attorneys for Plaintiffs

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

R NIA

LI

ER

Spero

FO

seph C.

Judge Jo

H

26

RT

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JOSEPH C. SPERO
United States Magistrate Judge
NO

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UNIT
ED

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, 2011

ISTRIC
ES D
TC
AT
T

RT
U
O

22 Dated: 4/19

S

21

A

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N

F
D IS T IC T O
R

C

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

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Case3:10-cv-01501-JCS Document41

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Filed04/18/11 Page4 of 4

CERTIFICATE OF SERVICE
I hereby certify that on this 18th day of April, 2011, I caused a copy of the foregoing

3 Stipulated Request for Extension of Stay to be served on the counsel of record by means of the
4 Court’s electronic filing system:
5 Deborah S. Reames
[e-mail]
6
George M. Torgun
7 [e-mail]
8 Brendan R. Cummings
[e-mail]
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/s/ Daniel Pollak
DANIEL POLLAK