Tri-Valley Cares et al v. United States Department of Energy et al

Filing 64

STIPULATION AND ORDER SETTING BRIEFING SCHEDULE. Plaintiffs' shall submit letter to Defendants by 05/29/09; Defendants' response to letter due by 06/12/09; Parties shall attempt to resolve issues related to Administrative Record by no later than 06/26/09; Defendants shall designate and produce agreed upon additions to Administrate Record by 07/03/09; Cross-motions for summary judgment shall be filed no later than (30) thirty-days after designation and production of additions to Administrative Record. Signed by Judge Saundra Brown Armstrong, on 5/19/09. (lrc, COURT STAFF) (Filed on 5/20/2009) Modified on 5/21/2009 (jlm, COURT STAFF).

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Case 4:08-cv-01372-SBA Document 63 Filed 05/12/2009 Page 1 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROBERT J. SCHWARTZ (CSB #254778) TRI-VALLEY CARES 2582 Old First Street Livermore, California 94551 Telephone: (925) 443-7148 Facsimile: (925) 443-0177 Email: rob@trivalleycares.org STEVEN SUGARMAN (Pro Hac Vice) BELIN & SUGARMAN 618 Paseo de Peralta Santa Fe, New Mexico 87501 Telephone: (505) 983-1700 Facsimile: (505) 983-0036 Email: sugarman@bs-law.com Attorneys for Plaintiffs TRI-VALLEY CARES, MARYLIA KELLEY, and JANIS KATE TURNER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 08-cv-1372-SBA TRI-VALLEY CARES, MARYLIA KELLEY, and JANIS KATE TURNER, Plaintiffs, v. UNITED STATES DEPARTMENT OF ENERGY, NATIONAL NUCLEAR SECURITY ADMINISTRATION, and LAWRENCE LIVERMORE NATIONAL LABORATORY, Defendants. XXXXXXXXX STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE - 1 Case No. 08-cv-01372-SBA Case 4:08-cv-01372-SBA Document 63 Filed 05/12/2009 Page 2 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiffs Tri-Valley CAREs, Marylia Kelley, and Janis Kate Turner ("Plaintiffs") and defendants United States Department of Energy, National Nuclear Security Administration, and Lawrence Livermore National Laboratory ("Defendants'), by and through their respective counsel, hereby stipulate as follows: WHEREAS, on March 10, 2008, Plaintiffs filed the Complaint for Declaratory, Mandamus, and Injunctive Relief and the Motion for Preliminary Injunction, challenging Defendant's compliance with the National Environmental Policy Act, 42 U.S.C. 4321-4347, with regard to the construction and operation of a Biosafety Level 3 facility at Lawrence Livermore National Laboratory in Livermore, California. WHEREAS, the Court issued an order denying Plaintiffs' Motion for Preliminary Injunction on February 9, 2009; and WHEREAS, Plaintiffs filed the Amended Complaint for Declaratory, Mandamus, and Injunctive Relief on March 20, 2009, and Defendants' filed the Answer to Plaintiffs' Amended Complaint on April 3, 2009; and WHEREAS, Plaintiffs and Defendants desire to set a briefing schedule for concurrent cross-motions for summary judgment; THEREFORE, IT IS HEREBY STIPULATED AND AGREED by Plaintiffs and Defendants, through their respective counsel of record, as follows: 1. Plaintiffs shall submit a letter to Defendants identifying any issues relating to the adequacy of the Administrative Record currently before the Court for the adjudication of the claims newly raised in Plaintiffs' Amended Complaint no later than May 29, 2009. 2. Defendants shall respond to Plaintiffs' letter regarding the content of the Administrative Record no later than June 12, 2009. 3. The parties shall attempt to informally resolve any issues relating to the content of the Administrative Record. If informal efforts fail, Plaintiffs shall fill a motion to complete or supplement the Administrative Record no later than June 26, 2009. 4. Defendants shall designate and produce to Plaintiffs any agreed upon additions to the Administrative Record no later than July 3, 2009. Alternatively, if there is a need to litigate an STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE - 2 Case No. 08-cv-01372-SBA Case 4:08-cv-01372-SBA Document 63 Filed 05/12/2009 Page 3 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 issue relating to the content of the Administrative Record pursuant to Paragraph 3 above, then Defendants shall designate and produce any required additions to the Administrative Record within fifteen (15) days of the Court's resolution of the issue. 5. The parties shall file concurrent cross-motions for summary judgment no later than thirty (30) days after the designation and production of any additions to the Administrative Record required under Paragraph 4, and concurrent responses no later than fifteen (15) days thereafter. 6. The foregoing agreement is not intended, and may not be cited by any party, as admission of any issue of fact or law in this or any other judicial or administrative proceeding. Dated this 12th day of May, 2009 /s/ Robert J. Schwartz Robert J. Schwartz Steven Sugarman Attorneys for Plaintiffs 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ Barclay T. Samford Barclay T. Samford Attorney for Defendants STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE - 3 Case No. 08-cv-01372-SBA Case 4:08-cv-01372-SBA Document 63 Filed 05/12/2009 Page 4 of 5 1 2 3 4 5 DECLARATION OF CONSENT Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under penalty of perjury that concurrence in the filing of this document has been obtained from Barclay T. Samford. Dated this 12th day of May, 2009 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ Robert J. Schwartz Robert J. Schwartz Attorney for Plaintiffs STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE - 4 Case No. 08-cv-01372-SBA Case 4:08-cv-01372-SBA Document 63 Filed 05/12/2009 Page 5 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 XXXXXXXXXORDER [PROPOSED] 1. Plaintiffs shall submit a letter to Defendants identifying any issues relating to the adequacy of the Administrative Record currently before the Court for the adjudication of the claims newly raised in Plaintiffs' Amended Complaint no later than May 29, 2009. 2. Defendants shall respond to Plaintiffs' letter regarding the content of the Administrative Record no later than June 12, 2009. 3. The parties shall attempt to informally resolve any issues relating to the content of the Administrative Record. If informal efforts fail, Plaintiffs shall fill a motion to complete or supplement the Administrative Record no later than June 26, 2009. 4. Defendants shall designate and produce to Plaintiffs any agreed upon additions to the Administrative Record no later than July 3, 2009. Alternatively, if there is a need to litigate an issue relating to the content of the Administrative Record pursuant to Paragraph 3 above, then Defendants shall designate and produce any required additions to the Administrative Record within fifteen (15) days of the Court's resolution of the issue. 5. The parties shall file concurrent cross-motions for summary judgment no later than thirty (30) days after the designation and production of any additions to the Administrative Record required under Paragraph 4, and concurrent responses no later than fifteen (15) days thereafter. IT IS SO ORDERED. 5/19/09 Dated: _______________ ______________________________ Saundra Brown Armstrong United States District Judge STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE - 5 Case No. 08-cv-01372-SBA

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