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

Filing 50

STIPULATION AND ORDER Vacating Case Management Conference. Signed by Judge Samuel Conti on 09/03/2014. (tmi, COURT STAFF) (Filed on 9/3/2014)

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Christopher A. Sproul (Bar No. 126398)
Jodene Isaacs (Bar No. 226895)
Environmental Advocates
5135 Anza Street
San Francisco, California 94121
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Michael A. Costa (Bar No. 219416)
3848 Sacramento St. #2
San Francisco, CA 94118
Telephone: [phone]
Email: [e-mail]

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Patricia Weisselberg (Bar No. 253015)
Law Office of Patricia Weisselberg
115 Oakdale Avenue
Mill Valley, CA 94941
Telephone: [phone]
Email: [e-mail]
Attorneys for Plaintiffs
OUR CHILDREN’S EARTH and ECOLOGICAL RIGHTS FOUNDATION

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UNITED STATE DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OUR CHILDREN’S EARTH
FOUNDATION, et al.,

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Plaintiffs,
v.
NATIONAL MARINE FISHERIES
SERVICE, et al.,
Defendants.

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Civil Case No.: 3:14-cv-01130-SC
JOINT STIPULATION AND [PROPOSED]
ORDER
Courtroom: 1, 17th Floor
Hon. Samuel Conti

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JOINT STIP. AND [PROPOSED] ORDER
Civil Case No.: 3:14-cv-01130-SC

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WHEREAS on July 23, 2014 at the parties’ request, the Court issued an order requiring

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the parties to file their case management statement no later than August 29, 2014, and setting the

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case management conference for September 5, 2014.

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WHEREAS on July 23, 2014, Plaintiffs also agreed that if NMFS issued the 2014

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biological opinion in August, Plaintiffs would voluntarily dismiss their APA claim challenging

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the 2008 biological opinion. ECF No. 36.

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WHEREAS on August 27, 2014, NMFS issued the 2014 biological opinion.

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WHEREAS the new 2014 biological opinion issued on August 27, 2014 moots Plaintiffs

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First Claim (ECF No. 20) challenging the prior, now superseded 2008 biological opinion as
arbitrary and capricious.
WHEREAS the Plaintiffs and Federal Defendants have filed cross-motions for summary

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judgment on the Plaintiffs' FOIA claims. The Federal Defendants will be filing their final reply

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brief in support of their cross-motion for summary judgment on August 29, 2014—at which

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point the cross summary judgment motions will be fully briefed. The parties have previously

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stipulated and the Court has ordered that there will be no hearing on these cross-motions, which

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will stand submitted as of August 29, 2014.

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WHEREAS the parties agree that there are no case management issues to be decided at

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this time. The Court's ruling on the pending cross-motions for summary judgment on Plaintiffs'

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FOIA claims may dispose of all remaining issues in this case, but if not, any further case

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management scheduling should await a ruling on these cross-motions.

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

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1.

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Plaintiffs’ APA claim (First Claim, ECF No. 20) challenging the 2008 biological

opinion as arbitrary and capricious shall be deemed dismissed effective upon the Court's order

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approving this stipulation.
2.

This Court’s order requiring the parties to file their case management statement

no later than August 29, 2014 is vacated.
3.

The case management conference set for September 5, 2014 at 10 AM is vacated.

JOINT STIP. AND [PROPOSED] ORDER
Civil Case No.: 3:14-cv-01130-SC

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Dated: August 28, 2014

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Respectfully Submitted,

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s/ Coby Howell
MELINDA HAAG
UNITED STATES ATTORNEY
MICHAEL T. PYLE
Assistant U.S. Attorney

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SAM HIRSCH,
Acting Assistant Attorney General
SETH M. BARSKY, Chief

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Coby Howell
Senior Trial Attorney
U.S. Department of Justice
Environment & Natural Resources Division
Wildlife & Marine Resources Section
c/o USAO
1000 S.W. Third Avenue
Room 600
Portland, OR 97204
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Attorneys for Federal Defendants

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Christopher Sproul
Attorney for Plaintiffs Our Children’s Earth
Foundation and Ecological Rights
Foundation

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s/ Sarah G. Flanagan
Sarah G. Flanagan
Attorney for Defendant-Intervenor The
Board of Trustees of The Leland Stanford
Junior University

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JOINT STIP. AND [PROPOSED] ORDER
Civil Case No.: 3:14-cv-01130-SC

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[PROPOSED] ORDER

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Pursuant to stipulation, IT IS SO ORDERED.

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9/3
DATED: August___, 2014

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________________________________
Hon. Samuel Conti
United States District Judge

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JOINT STIP. AND [PROPOSED] ORDER
Civil Case No.: 3:14-cv-01130-SC

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