Center For Biological Diversity v. U.S. Department of Interior et al

Filing 69

ORDER GRANTING re 68 Status Report and Stipulation for Extension of Stay (18 days) filed by U.S. Fish and Wildlife Service, Sally Jewell, Dan Ashe, U.S. Department of Interior. Signed by Chief Magistrate Judge Joseph C. Spero on 1/22/16. (klhS, COURT STAFF) (Filed on 1/22/2016)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CENTER FOR BIOLOGICAL
DIVERSITY,

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Plaintiff,

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v.

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U.S. DEPARTMENT OF THE
INTERIOR; S.M.R. JEWELL, in her
official capacity as Secretary of the
Interior; U.S. FISH AND WILDLIFE
SERVICE; DAN ASHE, Director of the
U.S. Fish and Wildlife Service,
Defendants,

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CROPLIFE AMERICA,

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Defendant-Intervenor.

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)
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) CASE NO. 3:15-cv-658-JCS
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) STATUS REPORT AND STIPULATION
) FOR EXTENSION OF STAY
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Pursuant to the Court’s November 3, and December 15, 2015, Orders, Dkt. Nos. 65 and

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67, Plaintiff, the Center for Biological Diversity, and Federal Defendants, the U.S. Department

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of the Interior, et al., and Intervenor-Defendant CropLife America (“CropLife”) file the

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following status report and request an 18-day extension of the current stay to allow the Plaintiff

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and Federal Defendants to obtain final approvals of their proposed settlement agreement, and in

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support state:

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1.

The Parties filed their joint motion for a stay, Dkt. No. 64, on November 2, 2015.

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The Court granted a stay through January 2, 2016, to pursue settlement discussions. On

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December 15, 2015, the Plaintiff and Federal Defendants informed the Court that they had

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reached a settlement in principle and requested a 27-day extension of the stay through January
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29, 2016, to finalize their review and obtain the authorization of the responsible officials at the

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Departments of the Interior and Justice to enter into the settlement agreement. CropLife is aware

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of the proposed settlement agreement and does not object to the requested extension of the

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current stay.
2.

The agreement in principle is currently undergoing final review and approval by

the appropriate supervisory officials at the Departments of Justice and the Interior. Due to the
holiday schedules of individuals at the Departments of the Interior and Justice, and the litigation

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schedule of counsel for the government, including the need to finalize an amicus brief in In re
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Abbigail A., No. 220187 (Cal.), the Parties request an 18-day extension of the stay of this case,
through February 16, 2016, to allow time for the above-described activities.
3.

This Court has authority to extend the current stay pursuant to its “inherent

authority to control its own docket and calendar.” Yong v. INS, 208 F.3d 1116, 1119 (9th Cir.

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2000); see also Landis v. North American Co., 299 U.S. 248 (1936).
4.

The Parties also request a 45-day extension of the mediation deadline, which is

currently set for January 30, 2016 (Dkt. No. 52).
5.

One week prior to the expiration of the requested stay, the Parties will file a status

report, including the need, if any, for a briefing schedule.

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THEREFORE, in light of the above, the Parties request an 18-day extension of the stay of

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this case through February 16, 2016, to permit the Parties to finalize their review and undertake

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the approval process for the proposed settlement agreement, and also request a 45-day extension

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of the mediation deadline.

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Respectfully submitted this 22nd day of January,

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Respectfully Submitted,

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JOHN C. CRUDEN
Assistant Attorney General
SETH M. BARSKY, Chief
S. JAY GOVINDAN
Assistant Chief

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/s/ J. Brett Grosko
__________________________
J. BRETT GROSKO (Md. Bar)
Trial Attorney
U.S. Department of Justice
Environment & Natural Resources Division
Wildlife & Marine Resources Section
Ben Franklin Station, P.O. Box 7611
Washington, DC 20044-7611
Phone: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Federal Defendants

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/s/ Collette Adkins (with permission)
____________________________
Collette Adkins (MN Bar # 035059X)
Justin Augustine (CA Bar # 235561)
CENTER FOR BIOLOGICAL DIVERSITY
SAN FRANCISCO BAY AREA OFFICE
351 California Street, Suite 600
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]’
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiff

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/s/ Kirsten L. Nathanson (with permission)

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___________________________
CROWELL & MORING LLP
Kirsten L. Nathanson (DC Bar #463992)*
Thomas Lundquist (DC Bar # 968123)*
Sherrie A. Armstrong (DC Bar #1009642)*
1001 Pennsylvania Avenue, NW
Washington, DC 20004
T: [phone] F: [phone]

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CROWELL & MORING LLP
Tracy E. Reichmuth (SBN 215458)
275 Battery Street, 23rd Floor
San Francisco, CA 94111
T: [phone] F: [phone]

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*Admitted pro hac vice

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Attorneys for Defendant-Intervenor
CropLife America

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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R NIA

Spero

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seph C.

Judge Jo

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_____________________________________
United States Magistrate Judge
UNIT
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Dated: 1/22/16

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