Center for Biological Diversity et al v. Jackson et al

Filing 42

ORDER RE SCHEDULE FOR FURTHER PROCEEDINGS (whalc2, COURT STAFF) (Filed on 2/11/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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CENTER FOR BIOLOGICAL DIVERSITY,
SURFRIDER FOUNDATION, AND PACIFIC
ENVIRONMENT,

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Plaintiffs,

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No. C 12-01920 WHA

v.

ORDER RE SCHEDULE FOR
FURTHER PROCEEDINGS

LISA JACKSON, in her official capacity as
Administrator of the United States Environmental
Protection Agency; the ENVIRONMENTAL
PROTECTION AGENCY; ROBERT J. PAPP,
in his official capacity as Commander of the
United States Coast Guard; and the UNITED
STATES COAST GUARD,

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Defendants.
/

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In this action brought under Section 7(a)(2) of the Endangered Species Act, the parties

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have requested and received two continuances. Pursuant to the Court’s order dated January 8,

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2013 (Dkt. No. 40), the parties have submitted a joint proposed schedule for further proceedings.

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The schedule, however, includes a further month delay. Accordingly, the following schedule

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shall apply:

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1.

On or before FEBRUARY 25, 2013, the parties shall file a status report indicating whether

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they are in agreement that the administrative record is complete or whether any party

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intends to file a motion regarding the completeness of the record or the need for extra-

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record materials. If the parties are in agreement that the record is complete, briefing on
cross-motions for summary judgment shall proceed as follows:

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•

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motion for summary judgment pursuant to Civil L.R. 7-2 and Fed. R. Civ. P. 56.
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Within 28 DAYS of the filing of the status report described above, Plaintiffs will file a

Defendants will serve and file any opposition and counter-motion within 28 DAYS of
service of Plaintiffs’ motion.

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Plaintiffs will serve and file their combined opposition and reply within 14 DAYS after

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service of Defendants’ opposition and counter-motion. Defendants shall file their reply

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(not to exceed ten pages) with 14 DAYS of service of Plaintiffs’ combined opposition and

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reply.

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2.

If the parties are unable to reach agreement regarding the sufficiency of the
administrative record, any motion(s) regarding the completeness of the administrative

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For the Northern District of California

United States District Court

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record or the need for extra-record materials shall be filed WITHIN 14 DAYS after the

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filing of the status report required under paragraph 1 above. If any motions are filed

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regarding the administrative record(s), the parties shall submit, within 7 DAYS after the

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Court’s ruling on the motions, a proposed briefing schedule for cross-motions for

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summary judgment.

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IT IS SO ORDERED.

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Dated: February 11, 2013.

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WILLIAM ALSUP

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UNITED STATES DISTRICT JUDGE

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