Environmental Protection Information Center v. Ayers et al

Filing 42

ORDER APPROVING STIPULATION FOR STAY. The stipulation between plaintiff and the Federal Defendants to a stay of the proceedings related to the Federal Defendants is approved. The parties are ordered to submit a joint case management statement by June 13, 2014, or within 14 days following approval of the State Defendants' HGMP, whichever comes first. Signed by Judge Maxine M. Chesney on July 24, 2013. (mmclc1, COURT STAFF) (Filed on 7/24/2013)

1
2
3
4
5
6
7
8
9
10
11

ROBERT G. DREHER
THE HONORABLE MAXINE M. CHESNEY
Acting Assistant Attorney General
U.S. Department of Justice
Environment & Natural Resources Division
SETH M. BARSKY, Chief
S. JAY GOVINDAN, Assistant Chief
ETHAN CARSON EDDY, Trial Attorney (Cal. Bar 237214)
Wildlife and Marine Resources Section
P.O. Box 7611, Ben Franklin Station
Washington, D.C. 20044
[phone] (phone)
[phone] (fax)
[e-mail]
Attorneys for Federal Defendants
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

12
13
14
15
16
17
18
19
20
21

)
)
)
)
)
Plaintiff,
)
)
v.
)
JERRY AYERS, STANFORD LEHR, CHARLTON )
H. BONHAM, PAT OVERTON, DANIEL ASHE, )
)
JEFF UNDERWOOD, and U.S. FISH AND
)
WILDLIFE SERVICE,
)
)
Defendants.
)
___________________________________________ )
ENVIRONMENTAL PROTECTION
INFORMATION CENTER,

Case No. 3:13-cv-0656-MMC
PLAINTIFF’S AND FEDERAL
DEFENDANTS’ STIPULATION
AND [PROPOSED] ORDER FOR
STAY; ORDER THEREON

22
23
24
25
26
27
28

STIPULATION AND [PROPOSED]
ORDER FOR STAY

Case No. 3:13-cv-0656-MMC

1

STIPULATION

2

Pursuant to Civil Local Rule 7-12, Plaintiff Environmental Protection Information

3

Center, and Defendants Daniel Ashe, Jeff Underwood, and the U.S. Fish and Wildlife Service

4

(“Federal Defendants”) hereby stipulate to and respectfully request that, pursuant to the

5

following terms, the Court order a stay of the proceedings in this case related to the Federal

6

Defendants. The parties so stipulate to conserve their resources pending any approval by the

7

National Marine Fisheries Service (“NMFS”) of the Hatchery and Genetics Management Plan

8

submitted to NMFS by the State Defendants. This stipulation does not affect the stipulation and

9

order entered into between the Plaintiff and State Defendants and signed by the Court on May

10

31, 2013 (ECF No. 32), as modified by the Court on July 3, 2013 (ECF No. 38).
Federal Defendants

11
12

Plaintiff and Federal Defendants agree to a stay based on the following:

13

1.

14
15

State Defendants have applied to NMFS for approval of a Hatchery Genetics

Management Plan, pursuant to the ESA, regarding operations at the Mad River Hatchery.
2.

Federal Defendants have determined, and have notified the California Department

16

of Fish and Wildlife, that absent a Hatchery Genetics Management Plan or take permit approved

17

or issued by NMFS to the California Department of Fish and Wildlife for operations at the Mad

18

River Hatchery, the U.S. Fish and Wildlife Service will not make any grant disbursements,

19

awards, or payments to, or otherwise fund operations at, the Mad River Hatchery for the purpose

20

of: (1) the collection, trapping, or use of natural origin (ESA-listed) steelhead trout for

21

broodstock at the Mad River Hatchery; and/or (2) the release of hatchery origin steelhead trout to

22

the main stem of the Mad River, that may occur on or after July 1, 2013 (except as set forth in

23

paragraph 2 of the stipulation and order entered into between the Plaintiff and State Defendants

24

and signed by the Court on May 31, 2013, ECF No. 32, as modified by the Court on July 3,

25

2013, ECF No. 38).

26
27
28

STIPULATION AND [PROPOSED]
ORDER FOR STAY

1

Case No. 3:13-cv-0656-MMC

1

3.

Federal Defendants may disburse funds to the State Defendants, under previously-

2

approved grants, to reimburse the State Defendants for activities conducted by the State

3

Defendants at the Mad River Hatchery through June 30, 2013, but for which the State

4

Defendants have not yet submitted the required documentation to the Federal Defendants to

5

obtain such reimbursement.

6

4.

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

7

Defendants (including, without limitation, disclosures, discovery, or motion practice) is stayed

8

until May 31, 2014, or until the State Defendants obtain approval of an HGMP, whichever comes

9

first. This stay may be extended or revised by stipulation or motion.

10
11
Respectfully submitted this 23rd day of July, 2013.
12
ROBERT G. DREHER
Acting Assistant Attorney General
U.S. Department of Justice
Environment & Natural Resources Division
SETH M. BARSKY, Chief
S. JAY GOVINDAN, Assistant Chief

13
14
15
16

/s/ Ethan Carson Eddy
ETHAN CARSON EDDY
Trial Attorney (Cal. Bar 237214)
Wildlife and Marine Resources Section
P.O. Box 7611, Ben Franklin Station
Washington, D.C. 20044
[phone] (Phone); [phone] (Fax)
[e-mail]

17
18
19
20
21

ROMNEY S. PHILPOTT, CO Bar #35112
U.S. Department of Justice
Natural Resources Section
P.O. Box 7611
Washington, D.C. 20044-7611
Tel: [phone]
Fax: [phone]

22
23
24
25

Attorneys for Federal Defendants

26
27
28

STIPULATION AND [PROPOSED]
ORDER FOR STAY

2

Case No. 3:13-cv-0656-MMC

1
/s/ Sharon E. Duggan (as authorized)
Sharon E. Duggan (SBN 105108)
370 Grand Ave., Suite 5
Oakland, CA 94610
[e-mail]
Tel: [phone]
Fax: [phone]

2
3
4
5

10

/s/ Peter M.K. Frost (as authorized)
Peter M.K. Frost, admitted pro hac vice
Western Environmental Law Center
1216 Lincoln St.
Eugene, OR 97401
[e-mail]
Tel: [phone]
Fax: [phone]

11

Attorneys for Plaintiff

6
7
8
9

12
13
14
15

E-FILING ATTESTATION
Pursuant to Civil Local Rule 5.1(i)(3), I attest that Sharon Duggan and Peter Frost have

16
concurred in the filing of this document.
17
18

/s/ Ethan Carson Eddy
ETHAN CARSON EDDY
Counsel for Federal Defendants

19
20
21
22
23
24
25
26
27
28

STIPULATION AND [PROPOSED]
ORDER FOR STAY

3

Case No. 3:13-cv-0656-MMC

1

PROPOSED ORDER

2
3

PURSUANT TO STIPULATION, IT IS SO ORDERED.

5

The parties are further ORDERED to submit a joint case management statement by June
13, 2014,
14, 2014, or within fourteen (14) days following approval of the State Defendants’ HGMP,

6

whichever comes first.

4

7
8
9

July 24, 2013
Dated:________________

10

______________________________
HON. MAXINE M. CHESNEY
United States District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

STIPULATION AND [PROPOSED]
ORDER FOR STAY

4

Case No. 3:13-cv-0656-MMC