Oceana, Inc. v. Bryson et al

Filing 21

STIPULATION AND ORDER re 20 STIPULATION WITH PROPOSED ORDER Requesting New Schedule for Motion to Intervene filed by Oceana, Inc., Set/Reset Deadlines as to 20 STIPULATION WITH PROPOSED ORDER Requesting New Schedule for Motion to Intervene, 16 MOTION to Intervene . Responses due by 3/6/2012. Replies due by 3/13/2012. Motion Hearing set for 4/20/2012 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 2/24/12. (bpf, COURT STAFF) (Filed on 2/24/2012)

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ANDREA A. TREECE, SB No. 237639
MICHAEL R. SHERWOOD, SB No. 63702
Earthjustice
426 17th Street, 5th Floor
Oakland, CA 94612
Telephone: [phone]
Facsimile: 415-217-2040
Attorneys for Plaintiff

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ASHLEY J. REMILLARD (CA-252374)
[e-mail]
NOSSAMAN LLP
18101 Von Karman Avenue
Suite 1800
Irvine, CA 92612
Telephone: [phone]
Facsimile: [phone]
GEORGE J. MANNINA, JR., pro hac vice
[e-mail]
NOSSAMAN LLP
1666 K Street, N.W., Suite 500
Washington, D.C. 20006
Telephone: [phone]
Facsimile: [phone]
Attorneys for Proposed Intervenor-Defendants

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

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OCEANA, Inc., a non-profit organization,

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Plaintiff,
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v.
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JOHN E. BRYSON, in his official capacity as
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Secretary of Commerce; NATIONAL OCEANIC )
AND ATMOSPHERIC ADMINISTRATION; and )
NATIONAL MARINE FISHERIES SERVICE,
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Defendants.
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Case No. 4:11-cv-06257 EMC
STIPULATED REQUEST FOR ORDER
CHANGING TIMES FOR MOTION TO
INTERVENE ; ORDER

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STIPULATED REQUEST FOR ORDER CHANGING TIME – 4:11-cv-06257

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Plaintiff Oceana (“Plaintiff”), Defendants John E. Bryson, in his official capacity as

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Secretary of Commerce, the National Oceanic and Atmospheric Administration, and the National

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Marine Fisheries Service (“Federal Defendants”), and Proposed Intervenors California Wetfish

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Producers Association et al. (“Proposed Intervenors”) hereby present, pursuant to Civ. L.R. 6-2, this

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stipulated request for an order changing time for Plaintiff’s response to the motion to intervene,

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Proposed Intervenors’ reply, and the hearing on the motion to intervene. In support of this request,

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the parties present as follows:

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1.

Proposed Intervenors filed a motion to intervene in this case on February 21, 2012,

and noticed a hearing date of March 30, 2012.
2.

Pursuant to Civ. L.R. 7-3, Plaintiff’s response to this motion was due by March 6,

2012 and Proposed Intervenors’ reply was due by March 13.
3.

On February 22, 2012, the Court issued a Notice (Docket. No. 18) continuing the

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hearing on the motion to intervene to April 6, 2012. The Notice also reset the deadline for Plaintiff’s

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response to March 1, 2012 and reset the deadline for Proposed Intervenors’ reply to March 8, 2012.

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4.

Plaintiff’s counsel has a long-standing prior commitment that conflicts with the April

6, 2012 hearing date.
5.

Due to the volume of materials submitted by Proposed Intervenors, and Plaintiff’s

pre-existing deadline to file its Amended Complaint on or before February 29, 2012, Plaintiff needs
the normal 14 days allowed by Civ. L. R. 7-3 to assess the motion to intervene and formulate a
response to it.
6.

Federal Defendants take no position on the motion to intervene and do not intend to

participate in briefing the motion to intervene.
7.

Based on the foregoing, the parties propose the following schedule for resolving the

motion to intervene, and submit that good cause exists for the Court to approve the proposed
schedule:

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STIPULATED REQUEST FOR ORDER CHANGING TIME – 4:11-cv-06257

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a.

b.

or before March 13, 2012.

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Proposed Intervenors will file their reply regarding the motion to intervene on

2012.

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Plaintiff will file its response to the motion to intervene on or before March 6,

c.
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The hearing on the motion to intervene will be set for April 20, 2012.

Plaintiff and Federal Defendants have stipulated to an extended schedule for the filing

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

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administrative record. Docket No. 11. Approval of the instant stipulated request for an order

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changing time will not affect the aforementioned schedule.

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SO STIPULATED:

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FOR THE PLAINTIFF:

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/s/ Andrea A. Treece
ANDREA A. TREECE, State Bar No. 237639
MICHAEL R. SHERWOOD, State Bar No. 63702
Earthjustice
426 17th Street, 5th Floor
Oakland, CA 94612
Telephone: [phone]
Facsimile: 415-217-2040

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Attorneys for Plaintiff

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DATED: February 24, 2012

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FOR THE FEDERAL DEFENDANTS:

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DATED: February 24, 2012

/s/ Rachel K. Bowen (as authorized on 2/24/12)
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]

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STIPULATED REQUEST FOR ORDER CHANGING TIME – 4:11-cv-06257

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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]

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Attorneys for Defendants

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FOR THE PROPOSED INTERVENORS:

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DATED: February 24, 2012

/s/ George J. Mannina, Jr. (as authorized on 2/24/12)
ASHLEY J. REMILLARD (CA-252374)
[e-mail]
NOSSAMAN LLP
18101 Von Karman Avenue
Suite 1800
Irvine, CA 92612
Telephone: [phone]
Facsimile: [phone]
GEORGE J. MANNINA, JR., pro hac vice
[e-mail]
NOSSAMAN LLP
1666 K Street, N.W., Suite 500
Washington, D.C. 20006
Telephone: [phone]
Facsimile: [phone]
Attorneys for Proposed Intervenor-Defendants

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STIPULATED REQUEST FOR ORDER CHANGING TIME – 4:11-cv-06257

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[PROPOSED] ORDER
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 response to the motion to intervene on or before March 6,

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2012; (2) Proposed Intervenors shall file their reply to Plaintiff’s response on or before March 13,

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2012; (3) The hearing on this motion shall be set for April 20, 2012 at 1:30 p.m.

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24th
IT IS SO ORDERED this _____ day of February, 2012

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

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STIPULATED REQUEST FOR ORDER CHANGING TIME – 4:11-cv-06257

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