San Francisco Herring Association v. United States Department of the Interior et al

Filing 150

STIPULATION AND ORDER re 149 STIPULATION WITH PROPOSED ORDER re 147 MOTION for Leave to File Second Amended Complaint filed by Sally Jewell, United States Department of the Interior, Frank Dean, Jonathan Jarvis, United States National Park Service. Signed by Judge Jon S. Tigar on November 30, 2017. (wsn, COURT STAFF) (Filed on 11/30/2017)

BRIAN STRETCH (CABN 163973)
1 United States Attorney
SARA WINSLOW (DCBN 457643)
2 Chief, Civil Division
MICHAEL T. PYLE (CABN 172954)
3 Assistant United States Attorney
150 Almaden Boulevard, Suite 900
4 San Jose, California 95113
Tel: [phone] / Fax: [phone]
5 Email: [e-mail]
6 JEFFREY H. WOOD
Acting Assistant Attorney General
7 BRUCE D. BERNARD (COBN 12166)
Trial Attorney
8 U.S. Department of Justice
Environment and Natural Resources Division
9 999 18th Street, South Terrace, Suite 370
Denver, CO 80202
10 Tel: [phone] / Fax: [phone]
Email: [e-mail]
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Attorneys for Defendants
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO HERRING
ASSOCIATION,
Plaintiff,

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v.
UNITED STATES DEPARTMENT OF
THE INTERIOR; RYAN ZINKE, in his
official capacity as Secretary of the Interior;
NATIONAL PARK SERVICE; MICHAEL
T. REYNOLDS, in his official capacity as
Acting Director of the National Park
Service; and CICELY MULDOON, in her
official capacity as Acting General
Superintendent of the Golden Gate National
Recreation Area,

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Defendants.

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Case No.

13-cv-1750-JST

STIPULATION AND [PROPOSED]
ORDER CONTINUING HEARING
AND SETTING REVISED BRIEFING
SCHEDULE REGARDING
PLAINTIFF’S MOTION FOR LEAVE
TO FILE A SECOND AMENDED
COMPLAINT
Judge: Jon S. Tigar
Courtroom: 9. 19th Floor

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STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING AND SETTING REVISED BRIEFING

28 SCHEDULE REGARDING PLAINTIFF’S MOTION FOR LEAVE TO FILE A SECOND AMENDE COMPLAINT
13-CV-1750 JST

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Plaintiff San Francisco Herring Association and Defendants United States Department of the Interior,

2 Ryan Zinke, National Park Service, Michael T. Reynolds and Cicely Muldoon, by and through their
3 undersigned counsel, stipulate to set a new briefing schedule and hearing date for the Motion for Leave
4 to File a Second Amended Complaint filed by Plaintiff on November 21, 2017 (ECF No. 147), subject to
5 the Court’s approval.
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Defendants’ counsel are not available for a hearing on January 11, 2018 because of pre-existing

7 professional obligations on other cases and requested additional time to oppose Plaintiff’s motion in
8 light of counsel’s pre-existing professional and personal obligations in late November and early to mid9 December. Plaintiff’s counsel agreed to Defendant counsel’s request and proposed a revised briefing
10 and hearing schedule to accommodate his professional and personal obligations in late December and
11 early January. The parties have agreed on an alternative briefing schedule and propose a new hearing
12 date when all counsel could be present. The parties have stipulated as follows:
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Defendant’s opposition to Plaintiff’s motion for leave to file a second amended complaint: continued

14 from December 5, 2017 to December 22, 2017;
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Plaintiff’s reply in support of its motion for leave to file a second amended complaint: continued from

16 December 12, 2017 to January 18, 2018;
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February 22, 2018 at 2:00 p.m.
The hearing on the motion is continued from January 11, 2018 to February 1, 2018 at 2:00 p.m.,

IT IS SO STIPULATED:
Date: November 29, 2017

Respectfully Submitted,
GROSS & KLEIN LLP
/S/ Stuart G. Gross
Stuart G. Gross (#251019)
[e-mail]
The Embarcadero
Pier 9, Suite 100
San Francisco, CA 94111
t [phone]
f [phone]

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Counsel for Plaintiff
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27 STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING AND SETTING REVISED BRIEFING
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SCHEDULE REGARDING PLAINTIFF’S MOTION FOR LEAVE TO FILE A SECOND AMENDE COMPLAINT–
13-CV-1750 JST
PAGE 1

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As the ECF User whose identification and password are being used to file this Stipulation, I attest under
penalty of perjury that plaintiff’s counsel has concurred in the filing of this document.

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BRIAN J. STRETCH
United States Attorney

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/s/ Michael T. Pyle

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MICHAEL T. PYLE
Assistant United States Attorney

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BRUCE D. BERNARD
[e-mail]
U.S. DEPARTMENT OF JUSTICE
ENVIRONMENT AND NATURAL RESOURCES
DIVISION
999 18th Street, South Terrace, Suite 370
Denver, CO 80202
Telephone: [phone]
Facsimile: [phone]

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Counsel for Defendants

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Defendants shall file their opposition to Plaintiff’s motion for leave to file a second amended

18 complaint no later than December 22, 2017. Plaintiff shall file its reply in support of its motion for leave to file
19 a second amended complaint no later than January 18, 2018. The hearing on Plaintiff’s motion for leave to file
February 22, 2018 at 2:00p.m.
20 a second amended complaint is continued from January 11, 2018 at 2:00 p.m. to February 1, 2018 at 2:00 p.m.
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22 DATED: _________ 30, 2017
November
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JON S. TIGAR
US DISTRICT JUDGE

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27 STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING AND SETTING REVISED BRIEFING
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SCHEDULE REGARDING PLAINTIFF’S MOTION FOR LEAVE TO FILE A SECOND AMENDE COMPLAINT–
13-CV-1750 JST
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