Our Children's Earth Foundation et al v. National Marine Fisheries Service et al

Filing 38

STIPULATION AND ORDER Extending Time For Defendant Aetna Life Ins Co To Resond To Plaintiffs' Second Amended Complaint and To Set Breifing Schedule For Aetna's Motion To Dismiss. Set/Reset Deadlines as to 34 MOTION for Partial Summary Judgment on FOIA Claims. Responses due by 8/13/2014. Replies due by 8/22/2014. Signed by Judge Samuel Conti on 07/25/2014. (tmi, COURT STAFF) (Filed on 7/25/2014)

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MELINDA HAAG (CSBN 132612)
United States Attorney
ALEX G. TSE (CABN 152348)
Chief, Civil Division
MICHAEL T. PYLE (CSBN 172954)
Assistant United States Attorney
150 Almaden Boulevard, Suite 900
San Jose, California 95113
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
SAM HIRSCH,
Acting Assistant Attorney General
SETH M. BARSKY, Chief
COBY HOWELL, Senior Trial Attorney
U.S. Department of Justice
Environment & Natural Resources Division
Wildlife & Marine Resources Section
c/o U.S. Attorney’s Office
1000 S.W. Third Avenue
Portland, OR 97204
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Federal Defendants

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OUR CHILDREN’S EARTH
FOUNDATION, et al.,
Plaintiffs,

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v.
NATIONAL MARINE FISHERIES
SERVICE, et al ,

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Defendants.

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Civil Case No.: 3:14-cv-01130-SC
STIPULATION AND [PROPOSED]
ORDER SETTING BRIEFING SCHEDULE
FOR CROSS-MOTIONS FOR SUMMARY
JUDGMENT REGARDING PLAINTIFF’S
FOIA CLAIMS WITHOUT A HEARING
Courtroom: 1, 17th Floor
Hon. Samuel Conti

STIPULATION AND [PROPOSED] ORDER SETTING BREIFING SCHEDULE FOR CROSS MOTONS FOR
SUMJMARY JUDGMENT WITHOUT A HEARING
14:1130 SC

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WHEREAS Plaintiffs filed an Amended Motion for Partial Summary Judgment on

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FOIA Claims with supporting papers on July 16, 2014 (see Docket No. 34) and whereas

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this motion is set for hearing on August 22, 2014;

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WHEREAS Defendants’ opposition to Plaintiffs’ motion would be due on July 30,
2014;

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WHEREAS Defendants requested an extension of time to oppose Plaintiffs’ motion

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because Defendants’ personnel who would draft declarations to oppose Plaintiffs’ motion

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have been out of the office (a) on leave and (b) due to work obligations that have them

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out of their offices, and Defendants’ counsel just returned from leave on July 16, 2014,

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and has a heavy work load over the next week that got heavier when he was assigned a

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new case where Plaintiffs seek a temporary restraining order and preliminary injunction;

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WHEREAS Defendants intend to file a cross-motion for summary judgment

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regarding Plaintiffs’ FOIA claims; and
WHEREAS the parties have met and conferred and have agreed upon a schedule for

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briefing cross-motions for summary judgment regarding Plaintiffs’ FOIA claims and to

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request that the Court vacate the August 22, 2014 hearing date and decide the cross-

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motions for summary judgment on the papers and without a hearing. See also Civil Local

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Rule 7-1(b) (“In the Judge’s discretion, or upon request by counsel and with the Judge’s

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approval, a motion may be determined without oral argument or by telephone conference call.”).

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The parties thus stipulate, subject to the Court’s approval to the following,

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recognizing that Plaintiffs have already filed their partial motion for summary judgment

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on July 16, 2014:

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1.

On or before August 13, 2014, Defendants shall file an opposition to

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Plaintiffs’ motion and a cross-motion for summary judgment regarding

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Plaintiffs’ FOIA claims as a single 25-page brief;

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2.

On or before August 22, 2014, Plaintiffs shall file their opposition to
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STIPULATION AND [PROPOSED] ORDER SETTING BREIFING SCHEDULE FOR CROSS MOTONS FOR
SUMJMARY JUDGMENT WITHOUT A HEARING
14:1130 SC

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Defendants’ motion for summary judgment and a reply in support of Plaintiffs’

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motion as a single 25-page brief;

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3.

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On or before August 29, 2014, Defendants shall file a reply in support of
their cross-motion for summary judgment of no more than 15 pages.

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The August 22, 2014 hearing for Plaintiffs’ motion should be vacated, and the

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Court should dispense with holding a hearing on the cross-motions and should decide

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the FOIA issues raised by the cross-motions on the papers.

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DATED: July 23, 2014

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ENVIRONMENTAL ADVOCATES
CHRISTOPHER A. SPROUL

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_______________________________

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Christopher A. Sproul

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Attorney for Plaintiffs

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OUR CHILDREN’S EARTH and ECOLOGICAL
RIGHTS FOUNDATION

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DATED: July 23, 2014

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By: /s/ Michael T. Pyle
________________________________

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MICHAEL T. PYLE
Assistant U.S. Attorney

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MELINDA HAAG
UNITED STATES ATTORNEY

[PROPOSED] ORDER
Pursuant to stipulation, IT IS SO ORDERED.
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DATED: July ___, 2014

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________________________________

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Hon. Samuel Conti
United States District Judge

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STIPULATION AND [PROPOSED] ORDER SETTING BREIFING SCHEDULE FOR CROSS MOTONS FOR
SUMJMARY JUDGMENT WITHOUT A HEARING
14:1130 SC