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

Filing 21

THIRD STIPULATION AND ORDER FOR EXTENSION OF TIME TO RESPOND OR ANSWER re 18 Stipulation, filed by Ken Salazar, U.S. Fish & Wildlife Service. Signed by Judge Phyllis J. Hamilton on 12/3/09. (nah, COURT STAFF) (Filed on 12/3/2009)

IGNACIA S. MORENO 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] Counsel for Defendants 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 ) THIRD STIPULATION ON KEN SALAZAR, in his capacity as ) EXTENSION OF TIME TO Secretary of the Interior, ) RESPOND TO OR 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:

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WHEREAS, Plaintiff served the Complaint concerning the Defendants' Endangered Species Act listing decision regarding the Sacramento splittail on August 17, 2009; WHEREAS, the original deadline for responding to or answering the Complaint was October 16, 2009; WHEREAS, on October 16, 2009, the parties requested an extension of time of 30 days to explore the possibility of settling this matter; WHEREAS, on October 19, 2009, the Court granted the parties' first stipulation on extension of the time to respond to or answer the Plaintiff's Complaint, setting a new deadline for responding to or answering the Complaint of November 16, 2009; WHEREAS, on November 12, 2009, the parties filed a second stipulation on extension of time, noting that the Parties had held initial settlement discussions, and requesting a second extension of time of three weeks to allow settlement discussions to continue without litigation; WHEREAS, on November 12, 2009, the Court granted the parties' second stipulation on extension of the time to respond to or answer the Plaintiff's Complaint, setting a new deadline for responding to or answering the Complaint of December 7, 2009; WHEREAS, since that time, the parties have had several additional meaningful discussions regarding settlement, and seek an additional thirty (30) day extension to allow those discussions to continue without litigation; 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 January 6, 2010.

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Respectfully submitted this 2nd day of December, 2009. IGNACIA S. MORENO 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 IT IS SO ORDERED /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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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: December 2, 2009.

/s/ J. Brett Grosko ________________________________________ Attorney for Defendants

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