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

Filing 67

STIPULATION AND ORDER AMENDING BRIEFING SCHEDULE: Plaintiffs motion to complete or supplement Administrative Record due 07/24/09; Defendants shall designate and produce agreed upon additions to Administrative Record by 07/24/09; Cross-motions for sum mary judgment due no later than (30) thirty-days after designation and production of additions to Administrative Record. Signed by Judge Saundra Brown Armstrong, on 7/13/09. (lrc, COURT STAFF) (Filed on 7/13/2009) Modified on 7/14/2009 (jlm, COURT STAFF).

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ROBERT J. SCHWARTZ (CSB #254778) TRI-VALLEY CARES 2582 Old First Street Livermore, California 94551 Telephone: [phone] Facsimile: [phone] Email: [e-mail] STEVEN SUGARMAN (Pro Hac Vice) BELIN & SUGARMAN 618 Paseo de Peralta Santa Fe, New Mexico 87501 Telephone: [phone] Facsimile: [phone] Email: [e-mail] 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 ) ) ) STIPULATION AND ORDER ) AMENDING BRIEFING SCHEDULE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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.

STIPULATION AND [PROPOSED] ORDER AMENDING BRIEFING SCHEDULE - 1 Case No. 08-cv-01372-SBA

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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; and WHEREAS, the Court entered 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, the Court entered an Order on May 19, 2009, setting forth a schedule for the compilation and production of the Administrative Record in this case and for the briefing of concurrent cross-motions for summary judgment; and WHEREAS, pursuant to the Court's Order of May 19, 2009, Plaintiffs submitted a letter to Defendants on May 29, 2009, identifying specific 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; and WHEREAS, pursuant to the Court's Order of May 19, 2009, Defendants responded to Plaintiffs' letter regarding the content of the Administrative Record on June 12, 2009; and WHEREAS, pursuant to the Court's Order of May 19, 2009, Plaintiffs responded to Defendants' letter regarding the content of the Administrative Record on June 18, 2009; and WHEREAS, there is one unresolved issue regarding the content of the Administrative Record; and

STIPULATION AND [PROPOSED] ORDER AMENDING BRIEFING SCHEDULE - 2 Case No. 08-cv-01372-SBA

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WHEREAS, Plaintiffs and Defendants desire to amend the schedule set forth in the Court's May 19, 2009, Order to provide the parties with two additional weeks to resolve the one remaining issue without seeking judicial intervention; THEREFORE, IT IS HEREBY STIPULATED AND AGREED by Plaintiffs and Defendants, through their respective counsel of record, as follows: 1. 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 July 17, 2009. 2. Defendants shall designate and produce to Plaintiffs any agreed upon additions to the Administrative Record no later than July 24, 2009. Alternatively, if there is a need to litigate an issue relating to the content of the Administrative Record, 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. 3. 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 2, and concurrent responses no later than fifteen (15) days thereafter. 4. 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 2nd day of July, 2009 /s/ Robert J. Schwartz Robert J. Schwartz Steven Sugarman Attorneys for Plaintiffs

STIPULATION AND [PROPOSED] ORDER AMENDING BRIEFING SCHEDULE - 3 Case No. 08-cv-01372-SBA

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/s/ Barclay T. Samford Barclay T. Samford Attorney for Defendants

STIPULATION AND [PROPOSED] ORDER AMENDING BRIEFING SCHEDULE - 4 Case No. 08-cv-01372-SBA

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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 2nd day of July, 2009 /s/ Robert J. Schwartz Robert J. Schwartz Attorney for Plaintiffs

STIPULATION AND [PROPOSED] ORDER AMENDING BRIEFING SCHEDULE - 5 Case No. 08-cv-01372-SBA

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ORDER 1. The parties shall attempt to informally resolve any issues relating to the content of the Administrative Record. If informal efforts fail, Plaintiffs shall file a motion to complete or supplement the Administrative Record no later than July 17, 2009. 2. Defendants shall designate and produce to Plaintiffs any agreed upon additions to the Administrative Record no later than July 24, 2009. Alternatively, if there is a need to litigate an issue relating to the content of the Administrative Record, 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. 3. 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 2, and concurrent responses no later than fifteen (15) days thereafter. IT IS SO ORDERED.

Dated: 7/13/09

______________________________ Saundra Brown Armstrong United States District Judge

STIPULATION AND [PROPOSED] ORDER AMENDING BRIEFING SCHEDULE - 6 Case No. 08-cv-01372-SBA