City of Berkeley et al v. United States Postal Service et al

Filing 45

ORDER RE (44) STIPULATION.Associated Cases: 3:14-cv-04916-WHA, 3:14-cv-05179-WHA(whalc2, COURT STAFF) (Filed on 12/29/2014)

1 SAM HIRSCH
2 Acting Assistant Attorney General
United States Department of Justice
3 Environmental & Natural Resources Division
4 MELINDA HAAG (CABN 132612)
United States Attorney
5 ALEX G. TSE (CSBN 152348)
6 Chief, Civil Division
ERICA BLACHMAN HITCHINGS (MABN 669825)
7 SARA WINSLOW (DCBN 457643)
Assistant United States Attorneys
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KENNETH ROONEY (NMBN 128670)
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Trial Attorney
10 Natural Resources Section
P.O. Box 7611
11 Washington, DC 20044
Telephone: [phone]
12 Fax: [phone]
[e-mail]
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Attorneys for Federal Defendants
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15 ZACH COWAN, City Attorney (SBN 96372)
[e-mail]
16 CITY OF BERKELEY
2180 Milvia Street, Fourth Floor
17 Berkeley, CA 94704
TEL.: [phone]
18 FAX: [phone]
19 ANTONIO ROSSMANN, Special Counsel (SBN 51471)
ROGER B. MOORE (SBN 159992)
20 [e-mail]
[e-mail]
21 ROSSMANN AND MOORE, LLP
2014 Shattuck Avenue
22 Berkeley, CA 94704
TEL: [phone]
23 FAX: [phone]
Attorneys for Plaintiffs
24 CITY OF BERKELEY, et al.
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Joint Stipulation Extending Time for Defendants’ Response
To Plaintiffs’ Amended Complaint and Modifying
Briefing Schedule
Case No.: CV-14-04916 WHA
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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CITY OF BERKELEY; MAYOR AND
MEMBERS OF THE CITY COUNCIL
OF THE CITY OF BERKELEY,

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Plaintiffs,

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v.
UNITED STATES POSTAL SERVICE;
ESTATE, Service PACIFIC REGION,
Defendants.

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Case No.: CV-14-04916 WHA
JOINT STIPULATION REQUESTING
EXTENSION OF
TIME FOR DEFENDANTS’
RESPONSE TO PLAINTIFFS’
AMENDED COMPLAINT AND
MODIFYING BRIEFING SCHEDULE

Subject to the Court’s approval, the Parties stipulate as follows:
WHEREAS, on November 5, 2014, Plaintiffs filed a Complaint for Declaratory and
Injunctive Relief (ECF No. 1) and a motion for a temporary restraining order and preliminary
injunction (ECF No. 3), to enjoin named Federal Defendants from completing a sale of the
Berkeley Post Office, located at 2000 Allston Way, Berkeley, California.
WHEREAS, on November 5, 2014, this Court granted Plaintiffs’ request for a Temporary
Restraining Order, enjoining Defendants from completing the sale of the Berkeley Post Office
until a hearing on the motion for preliminary injunction could be conducted. This Court further
extended the temporary restraining order until December 17, 2015, upon a Joint Stipulation filed
by the parties that provided the closing deadline would not occur until December 22, 2014, that
the Postal Service would not seek to close the sale until at least December 17, and that the Postal
Service agreed to an extension of the temporary restraining order. See ECF No. 18.
WHEREAS, on December 5, 2014, the Parties provided this Court with notification of
Joint Stipulation Extending Time for Defendants’ Response
To Plaintiffs’ Amended Complaint and Modifying
Briefing Schedule
Case No.: CV-14-04916 WHA
2

1 the buyer’s decision to terminate the purchase and sale agreement and of the Parties’ agreement
2 to: withdraw the preliminary injunction, that the Postal Service provide Plaintiffs and this Court
3 with 45-days’ notice prior to the closing of any future sale, and that the Defendants have until
4 February 4, 2015, to respond to Plaintiffs’ Complaint. ECF No. 38.
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WHEREAS, upon receiving the Parties’ notification, this Court vacated the temporary

6 restraining order, denied Plaintiffs’ preliminary injunction as moot and withdrawn, and requested
7 that the parties appear on December 11, 2014, to discuss whether the case is moot and should be
8 dismissed. ECF No. 39.
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WHEREAS, as stated at the hearing on December 11, 2014, and ordered in this Court’s

10 Amended Scheduling Order, Plaintiffs shall file an amended complaint by December 31, 2014,
11 and Defendants shall then have until January 8, 2015, to submit a motion to dismiss or other
12 response. ECF No. 41.
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WHEREAS, undersigned counsel for Federal Defendants requests an additional fourteen

14 days to file a response to Plaintiffs’ amended complaint, up to and including January 22, 2015.
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WHEREAS, an extension of an additional fourteen days is a shorter time period than the

16 previous agreement reached between the parties that would have set February 4, 2015, as a
17 deadline for Defendants’ responsive pleading to the original complaint.
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WHEREAS, an additional fourteen days will allow the Federal Defendants to prepare a

19 comprehensive and well-organized responsive pleading. It will also ensure that Federal
20 Defendants have adequate time to complete the internal review process within the Department of
21 Justice and the United States Postal Service.
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WHEREAS, the Parties also agree to a stipulation that provides one additional week

23 beyond the time allowed in Civil L.R. 7.3 for Plaintiffs’ response and Defendants’ reply:
24 Plaintiffs’ response to Defendants’ responsive pleading would be due February 12, Defendants’
25 reply due February 26, and the hearing on any motion to dismiss filed by Defendants, as well as
26 the case management conference, continued to March 19, 2015.
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Joint Stipulation Extending Time for Defendants’ Response
To Plaintiffs’ Amended Complaint and Modifying
Briefing Schedule
Case No.: CV-14-04916 WHA
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WHEREAS, the requested extension takes into account the complex nature of the

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2 briefing involved (see Commentary to Civil L.R. 7-2, 7-3), and also takes into account Plaintiffs’
3 counsel’s travel to Osaka, Japan from March 5 through March 11 for a water law conference.
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WHEREAS, the requested extension will not unduly delay the proceedings in this matter.

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NOW, THEREFORE, pursuant to Civil L.R. 6-2, and subject to the Court’s approval, the

6 Parties hereby stipulate that the time for Defendants to respond to the Amended Complaint in
7 this matter shall be extended until and including January 22, 2015.
8 DATED: December 24, 2014
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Respectfully submitted,
SAM HIRSCH
Acting Assistant Attorney General
Environmental & Natural Resources Division
MELINDA HAAG
United States Attorney

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By: /s/ Kenneth Rooney

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KENNETH ROONEY (NMBN 128670)
Trial Attorney1
Natural Resources Section

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ERICA BLACHMAN HITCHINGS
SARA WINSLOW (DCBN 457643)
Assistant United States Attorneys

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Attorneys for Federal Defendants

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By: ___/s/ Antonio Rossmann_____________
ANTONIO ROSSMANN
Special Counsel (SBN 51471)
ROGER B. MOORE (SBN 51471)
ROSSMANN AND MOORE, LLP

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Attorneys for Plaintiffs

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I, Kenneth Dean Rooney, hereby attest that I obtained the concurrence in the filing of this
document of all signatories whose signatures are represented by /s/.
Joint Stipulation Extending Time for Defendants’ Response
To Plaintiffs’ Amended Complaint and Modifying
Briefing Schedule
Case No.: CV-14-04916 WHA
4

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PROPOSED ORDER
Pursuant to stipulation, IT IS SO ORDERED. Defendants shall have until January 22,

3 2015, to respond to Plaintiffs’ amended complaint. Plaintiffs’ response to Defendants’
4 responsive pleading is due February 12, and Defendants’ reply is due February 26. The hearing
5 on any motion to dismiss filed by Defendants, as well as the case management conference, are
6 hereby continued to March 19, 2015, at ______ a.m.
8:00
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8 Date: ___________________________
December 29, 2014.
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Joint Stipulation Extending Time for Defendants’ Response
To Plaintiffs’ Amended Complaint and Modifying
Briefing Schedule
Case No.: CV-14-04916 WHA
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___________________________
HONORABLE WILLIAM H. ALSUP
UNITED STATES DISTRICT JUDGE