Native Songbird Care and Conservation et al v. LaHood et al

Filing 64

STIPULATION AND ORDER re 63 STIPULATION WITH PROPOSED ORDER RE: SCHEDULING. Motion for Stay due by 8/30/2013. Motion Hearing set for 10/3/2013 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. Case Management Statement due by 10/30/2013. Initial Case Management Conference set for 11/13/2013 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on August 23, 2013. (wsn, COURT STAFF) (Filed on 8/23/2013)

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RONALD W. BEALS, Chief Counsel
DAVID GOSSAGE, Deputy Chief Counsel
LUCILLE Y. BACA, Assistant Chief Counsel (SBN 136282)
JANET WONG (SBN 124272)
STACY LAU (SBN 254507)
595 Market Street, Suite 1700, San Francisco, CA 94105
Telephone: [phone], Facsimile: [phone]
[e-mail]
Attorneys for Defendant MALCOLM DOUGHERTY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NATIVE SONGBIRD CARE AND
)
CONSERVATION, a non-profit organization; )
VERONICA BOWERS, an individual;
)
MADRONE AUDUBON SOCIETY, a non)
profit corporation; CENTER FOR
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BIOLOGICAL DIVERSITY, a non-profit
corporation; MARIN AUDUBON SOCIETY, a )
non-profit corporation; and GOLDEN GATE )
AUDUBON SOCIETY, a non-profit corporation,
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Plaintiffs,
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vs.
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)
ANTHONY FOXX, in his official capacity as )
Secretary of United States Department of
)
Transportation; VICTOR MENDEZ, in his
official capacity as Administrator of the Federal )
Highway Administration; and MALCOLM
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DOUGHERTY, in his official capacity as Director
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of the California Department of Transportation, )
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Defendants.
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Case Number: 3:13-cv-02265-JST

STIPULATION RE: SCHEDULE FOR
DEFENDANTS’ MOTION FOR A STAY
OF PROCEEDINGS AND EXTENSION
OF TIME FOR DEFENDANTS TO
SERVE A RESPONSIVE PLEADING;
AND JOINT MOTION TO RESCHEDULE
THE CASE MANAGEMENT
CONFERENCE; [PROPOSED] ORDER

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Page 1 of 4
STIPULATION RE: SCHEDULE FOR DEFENDANTS’ MOTION FOR A STAY OF PROCEEDINGS AND
EXTENSION OF TIME FOR DEFENDANTS TO SERVE A RESPONSIVE PLEADING; AND JOINT MOTION
TO RESCHEDULE THE CASE MANAGMENT CONFERENCE; [PROPOSED] ORDER
Case 3:13-cv-02265-JST

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Whereas Defendants intend to file a motion for a stay of proceedings in this matter for

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reasons to be set forth in Defendants’ motion, the parties hereby stipulate to the following

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briefing schedule and hearing date for Defendants’ motion for stay of proceedings:

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1.

August 30, 2013.

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2.

3.

Defendants’ reply brief will be filed and served 7 calendar days after Plaintiffs’
opposition is filed.

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Plaintiffs’ opposition brief will be filed and served 14 calendar days after
Defendants’ moving papers are filed.

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Defendants’ motion for a stay of proceedings will be filed and served on or before

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The hearing on Defendants’ motion for a stay of proceedings will be set for
October 3, 2013 at 2:00 p.m..

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The parties further stipulate that the time for Defendants to file and serve responsive

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pleadings to Plaintiffs’ First Amended Complaint (ECF No. 56), which are currently due on

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August 23, 2013, shall be extended to a date to be set following the Court’s decision on

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Defendants’ motion for a stay of proceedings.

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In the interest of efficiency and judicial economy, and because the motion for a stay of

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proceedings will impact scheduling in this case, the parties further propose and request that the

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Case Management Conference, currently scheduled for September 4, 2013, be continued to the

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date set for the hearing on Defendants’ motion, or to a date thereafter that the Court deems

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appropriate.

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DATED: August 21, 2013

_/s/ Daniel Lutz____________________________
Attorney for Plaintiffs

DATED: August 21, 2013

_/s/ Jason A. Hill__________________________
Attorney for Federal Defendants

DATED: August 21, 2013

_/s/ Stacy J. Lau___________________________
Attorney for State Defendant

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Page 2 of 4
STIPULATION RE: SCHEDULE FOR DEFENDANTS’ MOTION FOR A STAY OF PROCEEDINGS AND
EXTENSION OF TIME FOR DEFENDANTS TO SERVE A RESPONSIVE PLEADING; AND JOINT MOTION
TO RESCHEDULE THE CASE MANAGMENT CONFERENCE; [PROPOSED] ORDER
Case 3:13-cv-02265-JST

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[PROPOSED] ORDER

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The above stipulation is approved. In addition, the Case Management Conference,

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currently scheduled for September 4, 2013, is continued to November 13, 2013 at 2:00 p.m.

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IT IS SO ORDERED.

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DATED: August 23, 2013

___________________________________________
JON S. TIGAR
United States District Judge

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Page 3 of 4
STIPULATION RE: SCHEDULE FOR DEFENDANTS’ MOTION FOR A STAY OF PROCEEDINGS AND
EXTENSION OF TIME FOR DEFENDANTS TO SERVE A RESPONSIVE PLEADING; AND JOINT MOTION
TO RESCHEDULE THE CASE MANAGMENT CONFERENCE; [PROPOSED] ORDER
Case 3:13-cv-02265-JST