SF Bay Conservation and Development Commission v. United States Army Corps of Engineers et al

Filing 45

STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE. Further Case Management Conference previously set for 5/25/2017 Continued to 6/29/2017 at 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Joint Case Management Statement is due on 6/22/2017. Signed by Judge Richard Seeborg on 5/18/17. (cl, COURT STAFF) (Filed on 5/18/2017)

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1 2 3 4 5 6 7 8 9 XAVIER BECERRA Attorney General of California JOHN SAURENMAN Senior Assistant Attorney General DAVID G. ALDERSON Acting Supervising Deputy Attorney General TARA L. MUELLER Deputy Attorney General State Bar No. 161536 1515 Clay Street, 20th Floor P.O. Box 70550 Oakland, CA 94612-0550 Telephone: (510) 879-0754 Fax: (510) 622-2270 E-mail: Tara.Mueller@doj.ca.gov Attorneys for Plaintiff San Francisco Bay Conservation & Development Commission   10 IN THE UNITED STATES DISTRICT COURT 11 FOR THE NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION       13   14 15   16   17   18   19   20   21 22 23 24 25 26   27   28 SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION, Case No. C 3:16-CV-05420-RS   STIPULATION TO CONTINUE CASE Plaintiff, MANAGEMENT CONFERENCE STATEMENT AND ORDER   and Date: May 25, 2017 SAN FRANCISCO BAYKEEPER, Time: 10:00 a.m. Location: Courtroom 3, 17th Floor Plaintiff-Intervenor, Action Filed: September 22, 2016   v.       UNITED STATES ARMY CORPS OF ENGINEERS;   LIEUTENANT GENERAL TODD T. SEMONITE,    IN HIS OFFICIAL CAPACITY; LIEUTENANT   COLONEL JOHN C. MORROW, IN HIS OFFICIAL     CAPACITY; AND DOUGLAS J. LAMONT,   ASSISTANT SECRETARY OF THE ARMY FOR   CIVIL WORKS, IN HER OFFICIAL CAPACITY,     Defendants.             1   Stipulation to Continue CMC and [Proposed] Order (Case No. C 3:16-CV-95420-RS) 1 Plaintiff San Francisco Bay Conservation and Development Commission (“Commission”), 2 Plaintiff-Intervenor San Francisco Baykeeper (“Baykeeper”), and Defendants United States Army 3 Corps of Engineers, Lieutenant General Todd T. Semonite, Lieutenant Colonel John C. Morrow, 4 and Douglas J. LaMont (hereafter “Federal Defendants”), by and through their counsel of record, 5 hereby submit the following stipulation to continue the case management conference:           6 WHEREAS, this Court granted the motion to intervene of San Francisco Baykeeper as a   7 plaintiff-intervenor on April 25, 2017;   8 WHEREAS, Federal Defendants circulated to the Commission, who in turn circulated to   9 Baykeeper, a draft index to the administrative record on April 28, 2017;   10 WHEREAS, on May 15, 2017, the Commission and Baykeeper sent to Federal Defendants   11 a detailed list of general and specific questions concerning the scope and content of the draft 12 index to the administrative record;     13 WHEREAS, the Commission has informed the parties that it intends to move to file a 14 supplemental complaint pursuant to Federal Rule of Civil Procedure Rule 15(d), and Federal 15 Defendants have agreed to consider stipulating to allow the Commission to file a supplemental 16 complaint, which will affect the scope and content of the administrative record;         17 WHEREAS, the parties have begun the process of discussing the scope and content of the   18 administrative record, the Commission’s proposed filing of a supplemental complaint and other 19 matters and have scheduled a further, more substantive discussion on the administrative record on 20 June 5, 2017;       21 WHEREAS, in light of the foregoing, the parties have collectively determined that the best   22 course of action at this stage is to stipulate to continue the case management conference for 23 several weeks to allow the parties sufficient time to determine whether they will be able to reach 24 an agreement on the scope and content of the administrative record, or whether plaintiff and 25 plaintiff-intervenor will need to file a motion to supplement the administrative record, and for 26 Federal Defendants to determine whether they will agree to stipulate to the filing of the 27 Commission’s supplemental complaint or whether the Commission will need to file a motion to 28 supplement the complaint.             2   Stipulation to Continue CMC and [Proposed] Order (Case No. C 3:16-CV-95420-RS) 1 NOW THEREFORE, IN LIGHT OF THE FOREGOING RECITALS, THE   2 PARTIES HEREBY STIPULATE AS FOLLOWS:   3 That the case management conference currently scheduled for May 25, 2017 at 10:00 am in   4 this Court be continued to June 29, 2017 at 10:00 am, or such other later date as may be 5 convenient for the Court, to allow the parties to continue to meet and confer regarding the scope 6 and content of the administrative record, the filing of a supplemental complaint and other issues 7 concerning this litigation, to ensure that the further case management conference is maximally 8 productive with respect to the issues to be decided at this stage of the litigation.           9   10 Dated: May 18, 2017 Respectfully submitted, 11 XAVIER BECCERA Attorney General of California 12   13   14 16 /s/ Tara L. Mueller TARA L. MUELLER Deputy Attorney General Attorneys for Plaintiff San Francisco Bay Conservation & Development Commission 17 SAN FRANCISCO BAYKEEPER 15     18 /s/ Erica A. Maharg ERICA A. MAHARG Managing Attorney Attorneys for Plaintiff- Intervenor San Francisco Baykeeper 19 20 21   22 UNITED STATES DEPARTMENT OF JUSTICE   23   24 /s/ David B. Glazer DAVID B. GLAZER Attorneys for Defendants United States Army Corps of Engineers, Todd T. Semonite, John C. Morrow, and Douglas J. LaMont 25 26   27   28 3   Stipulation to Continue CMC and [Proposed] Order (Case No. C 3:16-CV-95420-RS) 1 ORDER CONTINUING CASE MANAGEMENT CONFERENCE 2 Pursuant to the foregoing stipulation of the parties, the case management conference is     3 hereby continued to June 29, 2017 at 10:00 am in Courtroom 3. The parties’ joint case 4 management statement is due on or before June 22, 2017.     5   6 IT IS SO ORDERED.   7 8 Dated: May 18, 2017 Hon. Richard G. Seeborg UNITED STATES DISTRICT JUDGE 9   10   11   12   13   14   15   16   17   18   19   20   21   22   23   24   25   26   27   28 4   Stipulation to Continue CMC and [Proposed] Order (Case No. C 3:16-CV-95420-RS)

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