Center For Biological Diversity et al v. Federal Highway Administration et al

Filing 120

ORDER GRANTING 117 Stipulation re 107 Motion to Supplement Administrative Record. Signed by Judge Jeffrey S. White on February 6, 2013. (jswlc3, COURT STAFF) (Filed on 2/6/2013)

Case3:12-cv-02172-JSW Document117 Filed02/01/13 Page1 of 3

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RONALD W. BEALS, Chief Counsel
DAVID GOSSAGE, Deputy Chief Counsel
LUCILLE Y. BACA, Assistant Chief Counsel
ARDINE ZAZZERON (SBN 130109)
DEREK S. VAN HOFTEN (SBN 226880)
595 Market Street, Suite 1700
San Francisco, CA 94105
Telephone: [phone], Facsimile: [phone]
[e-mail]
Attorneys for Defendants
California Department of Transportation and Malcolm Dougherty

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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CALIFORNIA DEPARTMENT OF TRANSPORTATION - LEGAL DIVISION
595 Market Street, Suite 1700
San Francisco, California 94105
Telephone: [phone], Facsimile: [phone]

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CENTER FOR BIOLOGICAL DIVERSITY et. al,

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CV 12-2172 JSW

Plaintiffs,
STIPULATION REGARDING
PLAINTIFFS' AND PLAINTIFFINTERVENOR’S MOTION TO
SUPPLEMENT THE
ADMINISTRATIVE RECORD OF
STATE DEFENDANTS
AND ORDER THEREON

v.

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Case No.

FEDERAL HIGHWAY ADMINISTRATION;
CALIFORNIA DEPARTMENT OF
TRANSPORTATION; MALCOLM
DOUGHERTY, in his official capacity as Acting
Director of the California Department of
Transportation; and U.S. ARMY CORPS OF
ENGINEERS,

HEARING DATE: February 22, 2013
TIME: 9:00 a.m.
COURTROOM: 11
JUDGE: Hon. Jeffrey S. White

Defendants.

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Plaintiffs Center for Biological Diversity, Sierra Club, Willits Environmental Center and
Environmental Protection Information Center (“Plaintiffs”), Plaintiff-Intervenor California Farm
Bureau Federation (“Farm Bureau”), and Defendants California Department of Transportation and
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Stipulation Regarding Plaintiffs' and Plaintiff-Intervenor's Motion to Supplement Administrative Record of
State Defendants and Order Thereon – CV 12-2172 JSW

Case3:12-cv-02172-JSW Document117 Filed02/01/13 Page2 of 3

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Malcolm Dougherty ("State Defendants") have conferred and resolved the issues arising from the

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Plaintiffs' and Farm Bureau’s pending Motion to Supplement the Administrative Record (ECF No.

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107), as that motion pertains to the State Defendants' administrative record ("AR"). Plaintiffs, Farm

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Bureau, and State Defendants agree as follows with respect to categories of documents sought from

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the State Defendants by the moving parties, as set forth in their motion at pages 9:1--8:8:

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1. State Defendants will add to the AR the three items of correspondence identified in

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Category 3, and moving parties agree to State Defendants' further addition of two additional items of

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correspondence dated October 5, 2012, and October 10, 2012, between the Army Corps of Engineers

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and the State, which are related to the letters set forth in Category 3.

CALIFORNIA DEPARTMENT OF TRANSPORTATION - LEGAL DIVISION
595 Market Street, Suite 1700
San Francisco, California 94105
Telephone: [phone], Facsimile: [phone]

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2. The item identified in Category 6 will be added to the AR.

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3. As a result of communications and exchanges of information with the State Defendants,

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the moving parties agree to withdraw their motion as to those documents listed in Categories 7 and

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13.

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4. The State Defendants will file and serve all parties with a certified supplement to the AR
as expeditiously as feasible.
5. With respect to Categories 1, 2, 4, 5, 8, 9, 10, 11, 12, and 14, the State Defendants have

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agreed to add the materials to the AR, but the parties were unable to fully agree on language to

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address the possibility that some of the subject materials may no longer exist or be in the State

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Defendants' possession. State Defendants will therefore file a Response to the subject motion and

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submit a proposed Order, to which the moving parties will file a reply, in furtherance of resolution of

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the remaining disputed issue.

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Respectfully submitted,
ATTORNEYS FOR STATE DEFENDANTS

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Dated: __2-1-2013______________

__/s/ Ardine Zazzeron________________________
CALTRANS LEGAL DIVISION
ARDINE ZAZZERON
DEREK S. VAN HOFTEN

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Stipulation Regarding Plaintiffs' and Plaintiff-Intervenor's Motion to Supplement Administrative Record of
State Defendants and Order Thereon – CV 12-2172 JSW

Case3:12-cv-02172-JSW Document117 Filed02/01/13 Page3 of 3

ATTORNEYS FOR PLAINTIFFS CENTER FOR
BIOLOGICAL DIVERSITY, SIERRA CLUB;
WILLITS ENVIRONMENTAL CENTER and
ENVIRONMENTAL PROTECTION INFORMATION
CENTER

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Dated: _____2/1/2013___________

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______/s/ Aruna Prabhala___________________
ARUNA PRABHALA
ADAM KEATS
CENTER FOR BIOLOGICAL DIVERSITY
351 California Street, Suite 600
San Francisco, CA 94104

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ATTORNEYS FOR PLAINTIFF INTERVENOR
CALIFORNIA FARM BUREAU FEDERATION

CALIFORNIA DEPARTMENT OF TRANSPORTATION - LEGAL DIVISION
595 Market Street, Suite 1700
San Francisco, California 94105
Telephone: [phone], Facsimile: [phone]

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Dated: _____2/1/2013 __________

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_______/s/ Jack Rice________________________
JACK RICE
CALIFORNIA FARM BUREAU FEDERATION
2300 River Plaza Drive
Sacramento, CA 95833

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IT IS SO ORDERED.

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Dated: February ___, 2013 .

___________________________________
DISTRICT JUDGE
UNITED STATES DISTRICT COURT

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Stipulation Regarding Plaintiffs' and Plaintiff-Intervenor's Motion to Supplement Administrative Record of
State Defendants and Order Thereon – CV 12-2172 JSW