Oceana, Inc. v. Bryson et al

Filing 12

STIPULATION AND ORDER RE AMENDED COMPLAINT AND ANSWER re 11 STIPULATION WITH PROPOSED ORDER Regarding Scheduling filed by Oceana, Inc., John E. Bryson, National Marine Fisheries Service, National Oceanic and Atmospheric Administration. Signed by Judge Edward M. Chen on 1/24/12. (bpf, COURT STAFF) (Filed on 1/24/2012)

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IGNACIA S. MORENO
Assistant Attorney General
KEVIN W. McARDLE (D.C. Bar No. 454569)
United States Department of Justice
Environment & Natural Resources Division
Wildlife & Marine Resources Section
601 D Street, N.W., Room 3034
Washington, D.C. 20004
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
RACHEL K. BOWEN (Admitted to the
Maryland Bar)
United States Department of Justice
Environment & Natural Resources Division
Natural Resources Section
601 D Street, N.W., Room 3204

Washington, D.C. 20004
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants
ANDREA A. TREECE (Cal. Bar No. 237639)
[e-mail]
MICHAEL SHERWOOD
[e-mail]
426 17th St., 5th Floor
Oakland, CA 94612
Tele: 415-217-2000
Fax: [phone]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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OCEANA, Inc.

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Plaintiffs,

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v.

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No. 4:11-cv-06257-EMC

BRYSON, et al.

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STIPULATION AND [PROPOSED]
SCHEDULING ORDER

Defendants.

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Plaintiff Oceana and Defendants John E. Bryson, in his official capacity as Secretary of

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Commerce, the National Oceanic and Atmospheric Administration, and the National Marine Fisheries

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Service hereby stipulate, pursuant to Civil L.R. 6-2, to a schedule for the filing of Plaintiff’s amended

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complaint, Defendants’ answer, and the lodging and service of the administrative record. In support of

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this stipulation, the parties represent as follows:

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Oceana v. Bryson, No. 4:11-cv-06257-EMC
Stipulation and Proposed Scheduling Order

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1.

Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (“MSA”),

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16 U.S.C. § 1855(f), Defendants are required to file their response to the complaint and the

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administrative record within 45 days after service of the Complaint on the Secretary, which in this case

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produces a deadline of January 30, 2012. The MSA provides that the Court “may extend the period for

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filing such a response upon a showing by the Secretary of good cause for that extension.” 16 U.S.C. §

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1855(f)(3)(A).

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2.

On December 14, 2011, Plaintiff sent Defendants a 60-day notice of intent to sue under

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the Endangered Species Act 16 U.S.C. § 1540(g)(2)(A)(i). The 60-day waiting period expires on or

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about February 12, 2012. Plaintiffs intend to amend their Complaint to add Endangered Species Act

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claims if their concerns are not remedied by February 12, 2012.

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3.

Because the ESA 60-day notice period expires after the current due date for Defendants’

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answer, permitting Defendants to file their answer after Plaintiff amends its complaint would conserve

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resources by preventing duplicative filings.

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4.

Because of the intervening federal holidays, Defendants also need additional time to

compile the administrative record.

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5.

Based on the foregoing, the parties stipulate to the following schedule for the filing of

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Plaintiff’s amended complaint, Defendants’ answer, and lodging and service of the administrative

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record, and submit that good cause exists for the Court's approval of the proposed schedule:

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a. Plaintiff will file its amended complaint on or before February 29, 2012.

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b. Defendants will file their answer to Plaintiff’s amended complaint and lodge and

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serve the administrative record on or before March 16, 2012.

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6.
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There have been no other requests for extension or continuance. (McArdle Decl. ¶ 5.)

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Oceana v. Bryson, No. 4:11-cv-06257-EMC
Stipulation and Proposed Scheduling Order

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SO STIPULATED:
FOR THE PLAINTIFF:

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DATED: January 19, 2012

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/s/ Andrea A. Treece
Andrea A. Treece
Earthjustice
426 17th Street
5th Floor
Oakland, CA 94612
Tele: 415-217-2000
Fax: [phone]
Email: [e-mail]
/s/ Michael R. Sherwood
Michael R. Sherwood
Earthjustice
426 17th Street
5th Floor
Oakland, CA 94612
Tele: 415-217-2000
Fax: [phone]
Email: [e-mail]

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FOR THE DEFENDANTS:

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DATED: January 19, 2012

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/s/Kevin W. McArdle
KEVIN W. McARDLE
United States Department of Justice
Environment & Natural Resources Division
Wildlife & Marine Resources Section
601 D Street, N.W., Room 3034
Washington, D.C. 20004
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]

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RACHEL K. BOWEN
United States Department of Justice
Environment & Natural Resources Division
Natural Resources Section
601 D Street, N.W., Room 3204
Washington, D.C. 20004
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]

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IGNACIA S. MORENO
Assistant Attorney General

Oceana v. Bryson, No. 4:11-cv-06257-EMC
Stipulation and Proposed Scheduling Order

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ATTORNEY ATTESTATION OF CONCURRENCE
I hereby attest that I have obtained Plaintiffs’ concurrence in this filing, indicated by the

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signature of Plaintiffs’ counsel represented by a “conformed” signature (“/s/”) within this e-filed

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document.

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Dated: January 19, 2012

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Oceana v. Bryson, No. 4:11-cv-06257-EMC
Stipulation and Proposed Scheduling Order

/s/Kevin W. McArdle
KEVIN W. McARDLE

[PROPOSED] ORDER

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Upon consideration of the Stipulation set out above, and good cause appearing, it is hereby
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ORDERED that: (1) Plaintiff shall file its amended complaint on or before February 29, 2012; and (2)
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Defendants shall file their answer to Plaintiff’s amended complaint and lodge and serve the
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administrative record on or before March 16, 2012.
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24th
IT IS SO ORDERED this _____ day of January, 2012

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RT

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ER

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Oceana v. Bryson, No. 4:11-cv-06257-EMC
Stipulation and Proposed Scheduling Order

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_________________________
HON. EDWARD M. CHEN
United States District ED
ORDER Judge

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CERTIFICATE OF SERVICE

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I, Kevin W. McArdle, hereby certify that, on January 19, 2012, I caused the foregoing to be

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served upon counsel of record through the Court’s electronic service system.

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I declare under penalty of perjury that the foregoing is true and correct.

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Dated: January 19, 2012

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Oceana v. Bryson, No. 4:11-cv-06257-EMC
Stipulation and Proposed Scheduling Order

/s/Kevin W. McArdle
KEVIN W. McARDLE