Pacific Dawn LLC et al v. Locke et al

Filing 46

STIPULATION AND ORDER to Continue Hearing and to Extend Deadline for Joint Supplemental Brief. Joint supplemental brief due by 11/21/11. 31 MOTION for Summary Judgment and 39 Cross MOTION for Summary Judgment set for 12/12/2011 10:00 AM in Courtroom 2, 17th Floor, San Francisco before Hon. Thelton E. Henderson. Signed by Judge Thelton E. Henderson on 11/09/2011. (tmi, COURT STAFF) (Filed on 11/10/2011)

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James P. Walsh (CA State bar No. 184620)
Gwen Fanger (CA State bar No. 191161)
DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs

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IGNACIA S. MORENO, Assistant Attorney General
MEREDITH L. FLAX, Senior Trial Attorney (D.C. Bar No. 468016)
U.S. Department of Justice
Environment & Natural Resources Division
Wildlife & Marine Resources Section
Ben Franklin Station, P.O. Box 7369
Washington, D.C. 20044-7369
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendants

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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San Francisco Division

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PACIFIC DAWN, L.L.C., et al.,

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Plaintiffs,

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v.

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JOHN BRYSON,1 et al.,

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Defendants.

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3:10-cv-04829-TEH
STIPULATED REQUEST TO CONTINUE
HEARING AND TO EXTEND
DEADLINE FOR JOINT
SUPPLEMENTAL BRIEF

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John Bryson is automatically substituted for Gary Locke as Secretary of Commerce per Federal
Rule of Civil Procedure 25(d).

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The Court has scheduled a hearing on the parties’ cross-motions for summary judgment

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for December 5, 2011 at 10:00 a.m. November 3, 2011 Order (Doc. No. 44). At Federal

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Defendants’ request, Plaintiffs have agreed to stipulate to a request that the Court continue the

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hearing to December 12, 2011 at 10:00 a.m. to accommodate counsel for Federal Defendants’

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schedule. Counsel for Federal Defendants has a hearing in another case in the U.S. District

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Court for the District of Oregon on December 14, 2011, and would like to coordinate her travel

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from Washington, D.C. so that she can attend both hearings in one trip to the West Coast,

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thereby conserving scarce government resources in these tight budgetary times.

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In addition, the Court has ordered the parties’ to file a joint supplemental brief on

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November 16, 2011 addressing “how the fishing history of ‘B’ permits was used in determining

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the allocations at issue in this case.” Doc. No. 44. Counsel for the parties have discussed the

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Court’s order and agree that they need additional time to determine their areas of agreement and

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disagreement. The parties therefore agreed to stipulate to a request that the deadline for filing

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the joint supplemental brief be extended to November 21, 2011.

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Dated: November 9, 2011

Respectfully submitted,

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IGNACIA S. MORENO, Assistant Attorney General

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/s/ Meredith L. Flax
MEREDITH L. FLAX, Sr. Trial Attorney
U.S. Department of Justice
Environment & Natural Resources Division
Wildlife & Marine Resources Section

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Attorneys for Defendants

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/s/ James P. Walsh [with permission]
JAMES P. WALSH
DAVIS WRIGHT TREMAINE

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DISTR

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Attorneys for PlaintiffsICT C
AT

NO

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3:10-cv-004829-TEH

ER
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LI

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STIPULATED REQUEST TO CONTINUE HEARING AND TO
EXTEND DEADLINE FOR JOINT SUPPLEMENTAL BRIEF

R NIA

Thelton E. Henderson . Henderson
helton E
Untied StatesdDistrict Judge
Ju ge T

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FO

11/09/2011
Dated: _______________

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IT IS SO ORDERED.

UNIT
ED

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T

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U
O

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U.S. Department of Justice
C
F
Environment & Natural Resources Division
D IS T IC T O
R
Washington, D.C. 20044-7369