Center for Sierra Nevada Conservation et al v. California Department of Parks and Recreation et al

Filing 8

ORDER EXTENDING TIME FOR STATE AND FEDERAL DEFENDANTS TO FILE RESPONSIVE PLEADINGS re 4 Stipulation filed by Eldorado National Forest, United States Forest Service, Ramiro Villalvazo. Signed by Judge Maria-Elena James on 9/17/2010. (mejlc1, COURT STAFF) (Filed on 9/17/2010)

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

IGNACIA S. MORENO Assistant Attorney General JASON A. HILL (DC 477543) Trial Attorney United States Department of Justice Environment and Natural Resources Division Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 [e-mail] Attorneys for Federal Defendants IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA CENTER FOR SIERRA NEVADA CONSERVATION, a non-profit corporation; CENTER FOR BIOLOGICAL DIVERSITY, a non-profit corporation, Plaintiffs, v. CALIFORNIA DEPARTMENT FO PARKS AND RECREATION, an agency of the State of California; DIVISION OF OFFHIGHWAY MOTOR VEHICLE RECREATION, a division of the California Department of Parks and Recreation, Respondents and Defendants. ELDORADO NATIONAL FOREST; UNITED STATES FOREST SERVICE, an agency of the U.S. Department of Agriculture; and RAMIRO VILLALVAZO, in his official capacity as Forest Supervisor for the Eldorado National Forest; and DOES I ­ X, inclusive, Real Parties in Interest and Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 3:10-cv-3923-MEJ STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME FOR STATE AND FEDERAL DEFENDANTS TO FILE RESPONSIVE PLEADINGS

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

Plaintiffs filed an action against State and Federal Defendants on or about July 30, 2010, in the Alameda County Superior Court. Pursuant to 28 U.S.C. § 1442(a)(1), Federal Defendants removed this case to the Northern District of California, the district embracing the place wherein this suit was then pending, namely Alameda County, on September 1, 2010. Pursuant to Federal Rule of Civil Procedure 81(c)(2), State Defendants' answer or other responsive pleadings are due on September 8, 2010. Federal Defendants' answer or other responsive pleadings are due on or about October 4, 2010. See Federal Rules of Civil Procedure 12(a)(2), and Joam Co. v. Stiller, 1982 WL 1725 at 3 (N.D. Cal 1982) (holding Federal Defendants have the same amount of time to answer in a removal action that they would have had under Rule 12; applying the former 20day and 5-day deadlines of Rule 81(c)(2) (pre-2009 Rule changes)). Unless the parties otherwise agree, Federal Defendants intend to file a Motion to Transfer Venue from the Northern District of California to the Eastern District of California. State and Federal Defendants have requested additional time to respond to the complaint with the hope that the issues involved in this suit may be resolved without further litigation. Plaintiffs have agreed to State and Federal Defendants' requests for additional time. Accordingly, the Parties stipulate and agree that the date for State and Federal Defendants' answer or other responsive pleadings be that later date of either: (1) 60 days after the transfer of this matter to the Eastern District of California, or (2) 60 days after an Order denying any request by Federal Defendants' to transfer this matter to the Eastern District of California. DATED: September 7, 2010. IGNACIA S. MORENO Assistant Attorney General /s/ Jason A.Hill . JASON A. HILL (DC 477543) Trial Attorney United States Department of Justice Environment and Natural Resources Division Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 No. 3:10-cv-3923-MEJ; CSNC, et al. v. CDOPR, et al. Stipulation Ext'n Resp. to Compl. 2

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 IT IS SO ORDERED. September 17 , 2010. Dated

Tel: [phone] Fax: [phone] [e-mail] Attorneys for the Federal Defendants /s/ Michael R. Lozeau* . *(signed by filing attorney as authorized by Mr. Lozeau's email on 09/07/10) Michael R. Lozeau (CA 142893) Richard T. Drury (CA 163559) Christina Caro (CA 250797) Lozeau | Drury LLP 401 12th Street, Suite 250 Oakland, CA 94607 Tel: [phone] Fax: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Plaintiff /s/ Christina Tiedemann* . *(signed by filing attorney as authorized by Ms. Tiedemann's email on 09/07/10) Christiana Tiedemann (CA 105299) Supervising Deputy Attorney General California Department of Justice 1515 Clay Street, 20th Floor Oakland, CA 94612-1313 [phone] (phone) [phone] (fax) [e-mail] Attorneys for State Defendants and Respondents

[PROPOSED] ORDER

UNIT ED

S

S DISTRICT TE C TA

United States District Court Judge
lena Jam es

N et F No. 3:10-cv-3923-MEJ; CSNC, et al. v. CDOPR,D al. IS T RIC T O Stipulation Ext'n Resp. to Compl. 3

ER

A

C

LI

FO

aria-E Judge M

R NIA

RT U O

.

NO

RT

H