Environmental Protection Information Center v. Ayers et al

Filing 32

ORDER APPROVING PLAINTIFF'S AND STATE DEFENDANTS' STIPULATION. Any and all litigation activity as to the State Defendants is stayed for one year. Signed by Judge Maxine M. Chesney on May 31, 2013. (mmclc1, COURT STAFF) (Filed on 5/31/2013)

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Sharon E. Duggan (SBN 105108)
370 Grand Avenue, Suite 5
Oakland, California 94610
[e-mail]
Tel: [phone]
Fax: [phone]
Peter M.K. Frost, pro hac vice
Western Environmental Law Center
1216 Lincoln Street
Eugene, Oregon 97401
[e-mail]
Tel: [phone]
Fax: [phone]
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
ENVIRONMENTAL PROTECTION
INFORMATION CENTER,

)
)
)
Plaintiff,
)
)
vs.
)
)
STAFFORD LEHR, CHARLTON H. BONHAM, )
NEIL MANJI, DANIEL M. ASHE, JEFF
)
UNDERWOOD, UNITED STATES FISH AND )
WILDLIFE SERVICE,
)
)
Defendants.
)
__________________________________________)

Case No. 13-00656-MMC
ORDER APPROVING
PLAINTIFF’S AND STATE
DEFENDANTS’ STIPULATION
AND [PROPOSED] ORDER
FOR STAY

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Plaintiff’s and State Defendants’ Stipulation and [Proposed] Order – No. C 12-00656-MCC

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Plaintiff Environmental Protection Information Center and Defendants Stafford Lehr,

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Charlton H. Bonham, and Neil Manji (“State Defendants”) hereby stipulate to and respectfully

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request that, pursuant to the following terms, the Court order a stay of the proceedings in this case

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related to the claims that State Defendants violated Section 9 of the Endangered Species Act

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(“ESA”) or any other law. Plaintiff and State Defendants so stipulate to conserve their resources

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pending State Defendants’ submittal of an application under the ESA to the appropriate federal

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agencies, and those agencies’ review and any approval, of operations at the Mad River hatchery.

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This stipulation is meant to resolve the differences between Plaintiff and State Defendants related to

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the propriety of a stay that are set forth in the Joint Case Management Conference Statement filed on

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May 24, 2013.

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Pursuant to this stipulation and order, any and all litigation activity as to State Defendants

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(including, without limitation, disclosures, discovery, or motion practice) is stayed for one year

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from the date of the Court’s order. This stay may be extended by stipulation or motion. Plaintiff

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and State Defendants agree to these additional terms for the stay:

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1.

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Genetic Management Plan (“HGMP”) or take permit approved or issued by the National Marine

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Fisheries Service (“NMFS”), State Defendants will not collect, trap, or use natural origin (ESA-

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listed) steelhead trout for broodstock at the Mad River Hatchery.

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2.

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permit approved or issued by the NMFS, State Defendants will not release hatchery origin steelhead

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trout to the main stem of the Mad River, except that State Defendants may release the steelhead trout

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that are currently at the Mad River Hatchery into the main stem of the Mad River in the Spring of

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2014, at either the Mad River Hatchery or at the boat ramp located at the Mad River Estuary (at Mad

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River Beach County Park).

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3.

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submit it to NMFS, or apply for a take permit for the overall operations at the Mad River Hatchery

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from NMFS, they will also send those documents, promptly after submittal to NMFS, to counsel for

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Plaintiff.

Prior to entry of a judgment as to State Defendants in this action, and absent a Hatchery and

Prior to entry of a judgment as to State Defendants in this action, and absent a HGMP or take

State Defendants agree that if they complete a draft HGMP for the Mad River Hatchery and

Plaintiff’s and State Defendants’ Stipulation and [Proposed] Order – No. C 12-00656-MCC

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4.

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option.

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State Defendants may participate in any alternative dispute resolution in this case, at their

Date: May 31, 2013.

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Respectfully submitted,
/s/ Peter M.K. Frost
Peter M.K. Frost, pro hac vice
Attorney for Plaintiff

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/s/ Marc N. Melnick
Marc N. Melnick
Attorney for State Defendants

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Pursuant to the stipulation of the parties, IT IS SO ORDERED.

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Date: May 31 2013.
__,

_______________________________
MAXINE M. CHESNEY
United States District Judge

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Plaintiff’s and State Defendants’ Stipulation and [Proposed] Order – No. C 12-00656-MCC

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