Center For Biological Diversity v. U.S. Fish & Wildlife Service et al

Filing 11

STIPULATION AND ORDER EXTENDING TIME TO RESPOND re 10 Stipulation filed by Ken Salazar, U.S. Fish & Wildlife Service. Signed by Judge Phyllis J. Hamilton on 10/19/09. (nah, COURT STAFF) (Filed on 10/19/2009)

JOHN C. CRUDEN Acting Assistant Attorney General Environment & Natural Resources Division United States Department of Justice Washington, D.C. 20530 J. BRETT GROSKO (Maryland Bar) Wildlife and Marine Resources Section Environment & Natural Resources Section United States Department of Justice P.O. Box 7369 Washington, D.C. 20044-7369 TEL: [phone] FAX: [phone] E-mail: [e-mail] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA __________________________________________ CENTER FOR BIOLOGICAL DIVERSITY, ) ) Plaintiff, ) ) v. ) No. 09-cv-3711-PJH ) U.S. FISH AND WILDLIFE SERVICE, and ) STIPULATION ON EXTENSION ) OF TIME TO RESPOND TO OR KEN SALAZAR, in his capacity as Secretary of the Interior, ) ANSWER PLAINTIFF'S ) COMPLAINT Defendants. ) __________________________________________) Please be advised that the Plaintiff Center for Biological Diversity ("Plaintiff") and the Defendants, the U.S. Fish and Wildlife Service and Ken Salazar ("Defendants"), through their respective undersigned counsel, submit the following stipulation regarding the deadline for responding to or answering Plaintiff's Complaint for Declaratory and Injunctive Relief (Dock. No. 1) ("Complaint"), and state: WHEREAS, Plaintiff served the Complaint concerning the Defendants' Endangered Species Act listing decision regarding the Sacramento splittail on August 17, 2009;

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WHEREAS, the deadline for responding to or answering the Complaint is October 16, 2009; WHEREAS, the Defendants request an extension of time of 30 days to explore the possibility with Plaintiff of settling this matter; NOW, THEREFORE, IT IS STIPULATED BY AND BETWEEN THE PLAINTIFF AND DEFENDANTS AS FOLLOWS: 1. Defendants' new deadline for responding to or answering the Complaint is

November 16, 2009. Respectfully submitted this 16th day of October, 2009. JOHN C. CRUDEN Acting Assistant Attorney General Environment & Natural Resources Division /s/ J. Brett Grosko J. BRETT GROSKO Trial Attorney (Md. Bar) Wildlife and Marine Resources Section Environment and Nat. Resources Div. U.S. Department of Justice P.O. Box 7369 Washington, DC 20044-7369 Ph: 202-305-0342/Fax: [phone] [e-mail] Counsel for Federal Defendants /s/ Lisa Belenky (with permission) LISA BELENKY (CA Bar. No. 203225) JUSTIN AUGUSTINE (CA Bar No. 235561) CENTER FOR BIOLOGICLA DIVERSITY 351 California St., Suite 600 San Francisco, CA 94104 Tel: [phone] x 307 Fax: [phone] Counsel for Plaintiff

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______________________________________ RDERE IS SO O IT UNITED STATES DISTRICT JUDGE

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CERTIFICATE OF SERVICE I hereby certify that I have caused the foregoing to be served upon counsel of record, as indicated below, through the Court's electronic service system (ECF/CM): Lisa Belenky, Esq. E-mail: [e-mail] Justin Augustine, Esq. E-mail: [e-mail] Dated: October 16, 2009.

/s/ J. Brett Grosko ________________________________________ Attorney for Defendants

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