Western Watersheds Project et al v. U.S. Forest Service

Filing 108

STIPULATION AND ORDER EXTENDING TIME FOR THE FEDERAL DEFENDANT TO PLEAD IN RESPONSE TO PLAINTIFF'S THIRD AMENDED COMPLAINT re 107 Stipulation, filed by U.S. Forest Service. Signed by Judge Phyllis J. Hamilton on 9/27/10. (nah, COURT STAFF) (Filed on 9/27/2010)

Western Watersheds Project et al v. U.S. Forest Service

Doc. 108

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

IGNACIA S. MORENO Assistant Attorney General Environment & Natural Resources Division United States Department of Justice DAVID B. GLAZER (D.C. 400966) Natural Resources Section Environment & Natural Resources Division United States Department of Justice 301 Howard Street, Suite 1050 San Francisco, California 94105 TEL: (415) 744­6491 FAX: [phone] e-mail: [e-mail] Attorneys for Federal Defendant

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

WESTERN WATERSHEDS PROJECT, et al., Plaintiffs, v. UNITED STATES FOREST SERVICE, Defendant.

No. 4:08-CV-1460 PJH STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR THE FEDERAL DEFENDANT TO PLEAD IN RESPONSE PLAINTIFFS' THIRD AMENDED COMPLAINT Date: N/A

Time: N/A Courtroom No. 3 Hon. Phyllis J. Hamilton

Western Watersheds Project v. U.S. Forest Service, No: 4:08-cv-1460 PJH Stipulation and Proposed Order Extending Time for Federal Defendant to Plead re: Third Amended Complaint

Dockets.Justia.com

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 Western Watersheds Project, et al. and Federal Defendant United States Forest Service (the "Parties") submit this Stipulation and Proposed Order extending the time within which Federal Defendant may respond to Plaintiffs' Third Amended Complaint. Pursuant to Local Rule 6-2, and in further support of this Stipulation, the Federal Defendant respectfully directs the Court's attention to the accompanying Declaration of David B. Glazer. The Parties further represent as follows: 1. Plaintiffs filed their Third Amended Complaint [Dkt. #103], pursuant to the Parties'

Stipulated Agreement and Order [Dkt. #102] ¶ 5, on September 14, 2010. The Federal Defendant's response to that complaint is due on September 28, 2010. 2. Pursuant to the Court's Minute Order of April 8, 2010 [Dkt. #99], the Federal Defendant

filed its renewed Motion To Sever Claims and Transfer Venue [Dkt. #104] on September 22, 2010, which is calendared for hearing on October 27, 2010. 3. The Parties stipulate, subject to Court approval, that the Federal Defendant may have up

to and including October 22, 2010, to respond to the Third Amended Complaint, which is a date in advance of the hearing on the pending motion to sever and transfer. 4. Previous requests for extension of time or continuance are detailed in the Glazer

Declaration ¶¶ 2­9.

SO STIPULATED: FOR PLAINTIFFS Dated: September 23, 2010 JEFFREY R. CHANIN WARREN A. BRAUNIG KEKER & VAN NEST LLP 710 Sansome Street San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] /s/Lauren M. Rule LAUREN M. RULE ADVOCATES FOR THE WEST P.O. Box 1612
Western Watersheds Project v. U.S. Forest Service, No: 4:08-cv-1460 PJH Stipulation and Proposed Order Extending Time for Federal Defendant to Plead re: Third Amended Complaint

1

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 DATED: September 23, 2010

Boise, Idaho 83701 Telephone: [phone] Facsimile: [phone] Email: [e-mail] FOR DEFENDANT IGNACIA S. MORENO Assistant Attorney General Environment & Natural Resources Division /s/David B. Glazer DAVID B. GLAZER Natural Resources Section Environment & Natural Resources Division United States Department of Justice 301 Howard Street, Suite 1050 San Francisco, California Tel: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Federal Defendant

ATTORNEY ATTESTATION OF CONCURRENCE I hereby attest that I have obtained Plaintiffs' concurrence in this filing, indicated by the signature of Plaintiffs' counsel represented by a "conformed" signature ("/s/") within this e-filed document. Dated: September 23, 2010 /s/David B. Glazer DAVID B. GLAZER Natural Resources Section Environment and Natural Resources Division United States Department of Justice 301 Howard Street, Suite 1050 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail]

Western Watersheds Project v. U.S. Forest Service, No: 4:08-cv-1460 PJH Stipulation and Proposed Order Extending Time for Federal Defendant to Plead re: Third Amended Complaint

2

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 9/27/10 Dated: _________________ IT IS SO ORDERED.

[PROPOSED] ORDER In consideration of the Stipulation set out above, the Court hereby ORDERS that the Stipulation is approved and that Federal Defendant may have up to and including October 22, 2010, to respond to Plaintiffs' Third Amended Complaint.

UNIT ED

S

S DISTRICT TE C TA

ER

N

F D IS T IC T O R

Western Watersheds Project v. U.S. Forest Service, No: 4:08-cv-1460 PJH Stipulation and Proposed Order Extending Time for Federal Defendant to Plead re: Third Amended Complaint

A

C

LI

FO

____________________________________ PHYLLIS J. HAMILTON lton UNITED STATEShDISTRICT iJUDGE J. Ham P yllis Judge

R NIA

OO IT IS S

RDERE

D

RT U O

NO

RT

H

3

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 Dated: September 23, 2010

CERTIFICATE OF SERVICE I, David B. Glazer, hereby certify that, on September 23, 2010, I caused the foregoing to be served upon counsel of record through the Court's electronic service system.

I declare under penalty of perjury that the foregoing is true and correct.

/s/David B. Glazer David B. Glazer

Western Watersheds Project v. U.S. Forest Service, No: 4:08-cv-1460 PJH Stipulation and Proposed Order Extending Time for Federal Defendant to Plead re: Third Amended Complaint

4