Center For Biological Diversity et al v. Kempthorne et al

Filing 203

ORDER re 201 granting STIPULATION to Extend Deadline for Administrative Record and Modify Briefing Schedule. Motion Hearing set for 4/2/2009 02:00 PM.. Signed by Judge Claudia Wilken on 9/25/08. (scc, COURT STAFF) (Filed on 9/25/2008)

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION CENTER FOR BIOLOGICAL DIVERSITY, et al., Plaintiffs, Civ. No. 08-1339 CW STIPULATION AND ORDER TO EXTEND DEADLINE FOR ADMINISTRATIVE RECORD AND MODIFY BRIEFING SCHEDULE

DIRK KEMPTHORNE, Secretary of the Interior, et al., Defendants,

ALASKA OIL AND GAS ASSOCIATION, Defendant-Intervenors,

ARCTIC SLOPE REGIONAL CORP., Defendant-Intervenors.

The parties hereby notify the Court that they have reached an agreement in principle to resolve Plaintiffs' Third Claim for Relief (Failure to Designate Critical Habitat for the Polar Bear) and Seventh Claim for Relief (Failure to Promulgate List of Measures for Nonlethal Deterrence of Polar Bears). The parties are currently negotiating the terms of a stipulated settlement agreement that will resolve those claims. In consideration of the settlement of those claims, and in light of the difficulties that Federal Defendants have encountered in preparing the administrative record, as detailed in the
Stip. Extend Admin. Record Deadline and Modify Briefing Sched. Case No. 08-1339 CW

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Declaration of Thomas O. Melius, Dkt. No. 192-2 (Sept. 16, 2008), the parties hereby request that the Court extend the deadline for the administrative record from September 29, 2008 to November 17, 2008. Upon approval of this Stipulation by the Court, Federal Defendants will withdraw their pending motion for an extension of the deadline for the administrative record, Dkt. No. 192. The parties further request that the Court modify the remainder of the briefing schedule as follows: January 15, 2009: February 12, 2009: February 19, 2009: February 26, 2009: March 5, 2009: April 2, 2009: Plaintiffs file motion for summary judgment Federal Defendants file opposition and any cross-motion Defendant-Intervenors file oppositions and any cross-motions Plaintiffs file reply and opposition to any cross-motion Federal Defendants and Defendant-Intervenors file replies Hearing on cross-motions.

Respectfully submitted, Dated: September 23, 2008 /s/ Brendan Cummings (by KBF with permission) Brendan Cummings Center for Biological Diversity P.O. Box 549 Joshua Tree, CA 92252 Telephone: [phone] Facsimile: 760-366-2669 Counsel for Plaintiffs RONALD J. TENPAS Assistant Attorney General United States Department of Justice Environment & Natural Resources Division JEAN E. WILLIAMS, Chief LISA LYNNE RUSSELL, Assistant Chief
Stip. Extend Admin. Record Deadline and Modify Briefing Sched. Case No. 08-1339 CW

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Dated: September 23, 2008

/s/ Kristen Byrnes Floom KRISTEN BYRNES FLOOM, Trial Attorney DC Bar No. 469615 United States Department of Justice Environment & Natural Resources Division Wildlife and Marine Resources Section Benjamin Franklin Station, P.O. Box 7369 Washington, DC 20044-7369 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Federal Defendants

Dated: September 23, 2008

/s/ Jeffrey W. Leppo (by KBF with permission) JEFFREY W. LEPPO (pro hac vice) SETH D. HILTON (SB # 181899) STOEL RIVES LLP 600 University Street, Suite 3600 Seattle, WA 98101 Telephone: [phone] Facsimile: [phone] Attorneys for Intervenor-Defendant Alaska Oil and Gas Association

Dated: September 23, 2008

/s/ Kevin M. Cuddy (by KBF with permission) JEFFREY M. FELDMAN (pro hac vice) KEVIN M. CUDDY (pro hac vice) FELDMAN ORLANSKY & SANDERS 500 L Street, Suite 400 Anchorage, AK 99501 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Attorneys for Intervenor-Defendant Arctic Slope Regional Corporation

Stip. Extend Admin. Record Deadline and Modify Briefing Sched. Case No. 08-1339 CW

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Stip. Extend Admin. Record Deadline and Modify Briefing Sched. Case No. 08-1339 CW

ORDER

IT IS SO ORDERED. DATED this 25th day of September, 2008

______________________________ Honorable Claudia Wilken United States District Court Judge

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