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

Filing 16

STIPULATION AND ORDER Setting Briefing Schedule for Cross Motions for Summary Judgment. Set/Reset Deadlines as to 12 MOTION for Summary Judgment. Responses due by 12/5/2014. Replies due by 12/19/2014. Motion Hearing set for 1/9/2015 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Signed by Judge Samuel Conti on 11/19/2014. (tmi, COURT STAFF) (Filed on 11/19/2014)

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MELINDA HAAG (CABN 132612)
United States Attorney
ALEX G. TSE (CABN 152348)
Chief, Civil Division

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ROBIN M. WALL (CABN 235690)
Assistant United States Attorney
450 Golden Gate Avenue, Box 36055
San Francisco, CA 94102
Phone: [phone]
Fax: [phone]
[e-mail]
Attorneys for Federal Defendants

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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,

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v.

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NATIONAL MARINE FISHERIES
SERVICE, et al.,
Defendants.

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Case No.: 3:14-cv-04365-SC

STIPULATION AND [PROPOSED]
ORDER SETTING BRIEFING SCHEDULE
FOR CROSS MOTIONS FOR SUMMARY
JUDGMENT
Hon. Samuel Conti

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STIP. AND PROPOSED ORDER RE MSJ BRIEFING SCHEDULE
Case No.: 3:14-cv-04365-SC

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WHEREAS Plaintiffs filed an Amended Complaint on October 30, 2014, and
Defendants’ answer or other response is due December 1, 2014;

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WHEREAS Plaintiffs filed a Motion for Summary Judgment on October 31, 2014, and
Plaintiffs’ motion is set for hearing on December 5, 2014;

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WHEREAS Defendants’ opposition to Plaintiffs’ motion would be due on November 14,
2014;
WHEREAS Defendants requested an extension of time to oppose Plaintiffs’ motion in
order to investigate and respond to the recently filed Amended Complaint and because
Defendants’ personnel who would be involved in drafting declarations to oppose Plaintiffs’

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motion have pre-planned vacations and competing work obligations;
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WHEREAS the parties have been participating in ongoing settlement discussions
regarding Plaintiff’s pending FOIA actions; and
WHEREAS the parties have met and conferred and have agreed upon a schedule for
briefing the motion for summary judgment regarding Plaintiffs’ FOIA claims and Defendants’
anticipated cross motion and to request that the Court vacate the December 5, 2014 hearing date.

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

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1. On or before December 5, 2014, Defendants shall file an opposition to Plaintiffs’

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

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as a single brief of no more than 25 pages;

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2. On or before December 19, 2014, Plaintiffs shall file their opposition to Defendants’

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

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brief of no more than 25 pages;

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3. On or before January 2, 2015, Defendants shall file a reply in support of their crossmotion for summary judgment of no more than 15 pages.
4. The December 5, 2014 hearing for Plaintiffs’ motion should be vacated, and the
Court should set a new hearing date for the parties’ cross motions on January 9, 2015.

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STIP. AND PROPOSED ORDER RE MSJ BRIEFING SCHEDULE
Case No.: 3:14-cv-04365-SC
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Dated: November 10, 2014

Respectfully submitted,

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MELINDA HAAG
United States Attorney

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/s/ Robin M. Wall

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ROBIN M. WALL
Assistant United States Attorney
Counsel for Defendants

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Dated: November 10, 2014

Respectfully submitted,
ENVIRONMENTAL ADVOCATES

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/s/ Patricia Weisselberg

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PATRICIA WEISSELBERG
Counsel for Plaintiffs

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Pursuant to stipulation, IT IS SO ORDERED.
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Dated: November ___, 2014

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S
UNIT
ED

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RT
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O

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S DISTRICT
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Hon. Samuel Conti
United States District Judge

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amu
Judge S

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el Conti

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R NIA

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FO

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[PROPOSED] ORDER

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F
D IS T IC T O
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STIP. AND PROPOSED ORDER RE MSJ BRIEFING SCHEDULE
Case No.: 3:14-cv-04365-SC
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