Our Children's Earth Foundation et al v. U.S. Environmental Protection Agency et al

Filing 25

ORDER GRANTING 21 STIPULATION to Stay Motion for Partial Summary Judgment. Signed by Judge Jeffrey S. White on 9/23/13. (jjoS, COURT STAFF) (Filed on 9/23/2013)

Case3:13-cv-02857-JSW Document21 Filed09/11/13 Page1 of 4

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ROBERT G. DREHER
THE HONORABLE JEFFREY S. WHITE
Acting Assistant Attorney General
U.S. Department of Justice
Environment & Natural Resources Division
SETH M. BARSKY, Chief
KRISTEN L. GUSTAFSON, 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 Defendants
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
)
)
OUR CHILDREN’S EARTH FOUNDATION and )
ECOLOGICAL RIGHTS FOUNDATION,
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Plaintiffs,
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v.
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U.S. ENVIRONMENTAL PROTECTION
)
AGENCY, et al.,
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Defendants.
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)
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)
___________________________________________ )

Case No. 3:13-cv-2857-JSW
STIPULATION TO STAY
PLAINTIFFS’ PARTIAL MOTION
FOR SUMMARY JUDGMENT AND
[PROPOSED] ORDER
Hearing date: December 6, 2013
Time: 9:00 a.m.
Location: Courtroom 11
Next brief on motion due September 16,
2013

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Pursuant to Local Rule 6-1(b), Plaintiffs Our Children’s Earth Foundation and Ecological
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Rights Foundation, and Defendants the U.S. Environmental Protection Agency; Gina McCarthy,
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Administrator, U.S. Environmental Protection Agency; Jared Blumenthal, Regional Administrator,
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U.S. Environmental Protection Agency Region 9; National Marine Fisheries Service; Penny
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Pritzker, Secretary of Commerce; Rodney McInnis, Regional Administrator, National Marine
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STIPULATION TO STAY PL.’S PARTIAL
MOT. FOR SUMM. J.
AND [PROPOSED] ORDER

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Case No. 3:13-cv-2857-JSW

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Fisheries Service Southwest Region; U.S. Department of the Interior; S.M.R. Jewell, Secretary,
U.S. Department of the Interior; and Ren Lohoefener, Regional Administrator, United States Fish
and Wildlife Service Pacific Southwest Region, (“Defendants”) hereby stipulate and respectfully
request of the Court an order staying Plaintiffs’ Partial Motion for Summary Judgment (ECF No.
12) until the Court rules on a motion to dismiss the Defendants intend to file (which will address the
claims raised in Plaintiffs' pending partial summary judgment motion). Plaintiffs filed their Partial
Motion for Summary Judgment on September 2, 2013 and the deadline for Defendants to respond to
that motion is currently September 16, 2013.
There is good cause for this request because Defendants have not yet filed a responsive
pleading to Plaintiffs’ complaint and the parties have not yet filed the Joint Case Management
Statement, currently due September 20, 2013. The parties have reached agreement upon and will
submit a briefing schedule to the Court in the Joint Case Management Statement, by which
Defendants will move to dismiss all or part of the complaint prior to engaging in any summary
judgment motion practice. The parties believe that it is in the interests of the parties and judicial
economy for the motion to dismiss to be adjudicated, and for the overarching schedule for this case
to be set by the Court following the initial case management conference (set for September 27,
2013), prior to litigating any summary judgment motions, including Plaintiffs’ pending partial
summary judgment motion. Defendants’ motion to dismiss is currently due September 20, 2013,
and the parties are concurrently filing a stipulation to extend that deadline to September 30, 2013
pursuant to Local Rule 6-1(a).
For the foregoing reasons, the parties respectfully request that the Court enter the attached
order staying Plaintiffs’ pending motion for partial summary judgment until the Court rules on
Defendants’ forthcoming motion to dismiss.

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Respectfully submitted this 11th day of September, 2013.

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ROBERT G. DREHER
STIPULATION TO STAY PL.’S PARTIAL
MOT. FOR SUMM. J.
AND [PROPOSED] ORDER

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Case No. 3:13-cv-2857-JSW

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Acting Assistant Attorney General
U.S. Department of Justice
Environment & Natural Resources Division
SETH M. BARSKY, Chief
KRISTEN L. GUSTAFSON, Assistant Chief

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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]

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Attorneys for Defendants

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s/Christopher Sproul
(as authorized)
Christopher Sproul (State Bar No. 126398)
Environmental Advocates
5135 Anza Street
San Francisco, California 94121
[phone]
E-mail: [e-mail]
Attorneys for Plaintiffs

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E-FILING ATTESTATION
Pursuant to Civil Local Rule 5.1(i)(3), I attest that Christopher Sproul has concurred in
the filing of this document.

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

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[PROPOSED] ORDER

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The above STIPULATION TO STAY PLAINTIFFS’ PARTIAL MOTION FOR
SUMMARY JUDGMENT is GRANTED. Plaintiffs’ motion for partial summary judgment is
STIPULATION TO STAY PL.’S PARTIAL
MOT. FOR SUMM. J.
AND [PROPOSED] ORDER

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Case No. 3:13-cv-2857-JSW

Case3:13-cv-02857-JSW Document21 Filed09/11/13 Page4 of 4

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STAYED pending the Court’s adjudication of Defendants’ forthcoming motion to dismiss.

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Defendants shall not respond to the partial motion for summary judgment until twenty-one days

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after a ruling on the motion to dismiss. The December 6, 2013 hearing on the motion is

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VACATED.

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September 23, 2013
Dated:________________

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______________________________
HON. JEFFREY S. WHITE
United States District Judge

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STIPULATION TO STAY PL.’S PARTIAL
MOT. FOR SUMM. J.
AND [PROPOSED] ORDER

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Case No. 3:13-cv-2857-JSW