Center for Biological Diversity et al v. U.S. Fish & Wildlife Service et al

Filing 56

STIPULATION AND ORDER re 55 STIPULATION WITH PROPOSED ORDER Adjusting Briefing Schedule filed by Douglas County, Oregon, National Association of Home Builders, Oregon Forest Industries Council, American Forest Resource Council, Siskiyou County, California Forestry Association, Douglas Timber Operators. Signed by Judge Jon S. Tigar on September 14, 2016. (wsn, COURT STAFF) (Filed on 9/14/2016)

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

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CENTER FOR BIOLOGICAL
DIVERSITY, et al.

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Plaintiffs,

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v.

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UNITED STATES FISH AND
WILDLIFE SERVICE, et al.,
Defendants

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and

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SISKIYOU COUNTY, et al.,

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Defendant Intervenors

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No. 3:15-cv-05754-JST
STIPULATION AND [PROPOSED]
ORDER ADJUSTING BRIEFING
SCHEDULE

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Pursuant to Civil Local Rules 6-2 and 7-12, the Center for Biological Diversity, et al.

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(“Plaintiffs”) the United States Fish and Wildlife Service, et al. (“Defendants”) and, Siskiyou

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County, et al., (“Defendant Intervenors”) hereby stipulate to and jointly request an order

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extending the deadlines in the above captioned case, as previously set by this Court’s March 23,

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2016 Order (ECF No. 48). The parties request that this Court modify the existing scheduling
order and modify the case deadlines as follows:

STIPULATION AND [PROPOSED] ORDER ADJUSTING BRIEFING SCHEDULE - 1
Center for Biological Diversity, et al. v. United States Fish and Wildlife Service et al., 3:15-cv-05754-JST

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Deadline

Current date

New date

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Defendants’ combined
opposition and cross-motion
for summary judgment.
Defendant-intervenors’
combined opposition and
cross-motion for summary
judgment.
Plaintiffs’ combined
opposition/reply.
Defendants’ reply.

September 28, 2016

October 17, 2016

September 28, 2016

October 17, 2016

November 16, 2016

December 5, 2016

December 21, 2016

December 23, 2016

Defendant-intervenors’ reply.

December 21, 2016

December 23, 2016

Hearing on the parties’
motions for summary
judgment.

January 26, 2017, at 2:00
p.m.

January 26, 2017, at 2:00
p.m.
(no change)

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In support of this Stipulation the parties state as follows:

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1. Undersigned counsel for federal defendants has been unexpectedly required to present
oral argument in two other matters on August 30 and September 29, 2016.
2. Defendant-intervenors’ undersigned lead counsel is also lead counsel for proposed
intervenors in a matter recently filed in the Eastern District of Washington, where a

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motion for preliminary injunction was unexpectedly filed September 6, 2016 and has

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been set for hearing October 3, 2016. Additionally, while the previous briefing schedule

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accommodated expected paternity leave for defendant-intervenors’ counsel, that paternity

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leave unexpectedly extended a week later than previously anticipated.

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3. The above obligations interfere with defendants’ and intervenors’ counsels’ preparation
of their opening briefs in this matter, and a brief extension of the opening brief deadline,
from September 28 to October 17, would ensure there is sufficient time for counsel to
prepare the briefing.

STIPULATION AND [PROPOSED] ORDER ADJUSTING BRIEFING SCHEDULE - 2
Center for Biological Diversity, et al. v. United States Fish and Wildlife Service et al., 3:15-cv-05754-JST

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4. Additionally, the parties have agreed to extend plaintiffs’ reply deadline in order to
accommodate the extension to defendants’ and defendant-intervenors’ briefing, and to
extend the deadline for defendants’ and defendant-intervenors’ replies by two days.
5. If approved, this Stipulation would have no effect on the hearing presently scheduled for
January 26, 2017, at 2:00 p.m.
6. The parties have jointly requested one previous continuance of the briefing schedule,

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which the Court granted in its Order of June 1, 2016 (ECF No. 51).

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Accordingly, the parties request the Court approve this Stipulation, and enter the

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proposed changes to the briefing and hearing schedule.

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Respectfully submitted this 13th day of September, 2016.
JOHN C. CRUDEN,
Assistant Attorney General
Environment & Natural Resources Division
SETH M. BARSKY, Chief
MEREDITH L. FLAX, Assistant Chief

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/s/ Nicole M. Smith (by LEF, as authorized 9/13/16)
NICOLE M. SMITH
Trial Attorney CA Bar Number 303629
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]

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Attorneys for Defendants

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/s/ Gregory C. Loarie (by LEF, as authorized
9/13/16)
GREGORY C. LOARIE
[e-mail]
TAMARA T. ZAKIM
STIPULATION AND [PROPOSED] ORDER ADJUSTING BRIEFING SCHEDULE - 3
Center for Biological Diversity, et al. v. United States Fish and Wildlife Service et al., 3:15-cv-05754-JST

[e-mail]
EARTHJUSTICE
50 California Street, Suite 500
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiffs

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/s/ Lawson E. Fite
Lawson E. Fite (Ore. Bar #055573), Pro Hac Vice
American Forest Resource Council
5100 S.W. Macadam, Suite 350
Portland, Oregon 97239
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorney for Defendant-Intervenors

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: _______________
September 14, 2016

_________________________
Hon. John S. Tigar
United States District Judge

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STIPULATION AND [PROPOSED] ORDER ADJUSTING BRIEFING SCHEDULE - 4
Center for Biological Diversity, et al. v. United States Fish and Wildlife Service et al., 3:15-cv-05754-JST