Turtle Island Restoration Network et al v. United States Department of State

Filing 22

ORDER re 20 Granting Stipulation re Extension of Briefing and Hearing Dates. Motion Hearing set for 6/3/2010 02:00 PM. Signed by Judge Claudia Wilken on 04/23/2010. (ndr, COURT STAFF) (Filed on 4/23/2010)

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

Deborah A. Sivas (Calif. Bar No. 135446) Robb W. Kapla (Calif. Bar No. 238896) ENVIRONMENTAL LAW CLINIC Mills Legal Clinic at Stanford Law School Crown Quadrangle 559 Nathan Abbott Way Stanford, California 94305-8610 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Plaintiffs Turtle Island Restoration Network and Mayport Village Civic Association Inc. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION TURTLE ISLAND RESTORATION NETWORK, a non-profit corporation; and MAYPORT VILLAGE CIVIC ASSOCIATION INC., a non-profit corporation, Plaintiffs, v. UNITED STATES DEPARTMENT OF STATE, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Case No. 4:09-cv-05239 CW STIPULATION AND ORDER RE EXTENSION OF BRIEFING AND HEARING DATES Hearing Date: April 29, 2010 Time: 2:00 pm Location: Courtroom 2, 4th Floor

Plaintiffs Turtle Island Restoration Network and Mayport Village Civic Association and Defendant U.S. Department of State ("Parties") hereby stipulate to extend the remaining briefing schedule and continue the noticed hearing for Defendant's Motion for Judgment on the Pleadings and request that the Court enter an order directing a revised schedule as set forth below. The circumstances warranting a short extension of the briefing dates and a short continuance of the noticed hearing date are as follows:
Case No. 4:09-cv-05349 CW STIPULATION AND [PROPOSED] ORDER RE EXTENSION OF BRIEFING AND HEARING DATES

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

1.

The original deadline for Defendant's responsive pleading was January 4, 2010. The

parties stipulated to extend that deadline until February 19, 2010, on the understanding that they would work out a mutually acceptable briefing schedule if Defendant chose to file a motion to dismiss. 2. On February 19, 2010, Defendant filed its answer. The initial case management

conference in this matter is currently scheduled for May 4, 2010. 3. 4. On March 19, 2010, Defendant filed a Motion for Judgment on the Pleadings. Plaintiffs are represented by the Stanford Environmental Law Clinic, which relies upon

certified law students, working under the direct supervision of licensed attorneys, to perform most of the legal work for its clients. March 19, 2010 was the final day of the winter academic quarter, which was followed by a ten-day spring break. Thus, clinic students did not return to campus and classes until March 29, 2010, and could not begin work on the Motion for Judgment on the Pleadings until that time. 5. The parties have agreed to extend the briefing dates in order to allow clinical students to

work on the pending Motion for Judgment on the Pleadings and to allow Defendant an additional week for preparation of its reply brief beyond the normal briefing schedule. 6. Accordingly, the parties stipulate to, and request that the Court order, the following new

briefing and hearing dates. Current Date Opposition Brief Reply Brief Hearing 7. April 8, 2010 April 15, 2010 April 29, 2010 New Date May 6, 2010 May 20, 2010 June 3, 2010

The proposed extension will not prejudice any party or result in significant delay. Respectfully submitted, /s/ Deborah A. Sivas DEBORAH A. SIVAS Environmental Law Clinic Mills Legal Clinic of Stanford Law School 559 Nathan Abbott Way Stanford, California 94305-8610 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Plaintiffs

DATED: April 12, 2010

Case No. 4:09-cv-05349 CW STIPULATION AND [PROPOSED] ORDER RE EXTENSION OF BRIEFING AND HEARING DATES

-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

DATED: April 12, 2010

IGNACIA S. MORENA Assistant Attorney General Environment & Natural Resources Division /s/ Kevin W. McArdle KEVIN W. McARDLE, Trial Attorney United States Department of Justice Environment & Natural Resources Division Wildlife and Marine Resources Section Benjamin Franklin Station, P.O Box 7369 Washington, D.C. 20044-7369 Tel: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendant

Pursuant to Stipulation, IT IS SO ORDERED. DATED: 4/23/2010 HON. CLAUDIA WILKEN United States District Judge

I hereby attest that I have obtained Defendant's concurrence in this filing, indicated by the signature of Defendant's counsel represented by a "conformed" signature ("/s/") within this e-filed document. DATED: April 12, 2010 /s/ Deborah A. Sivas DEBORAH A. SIVAS

Case No. 4:09-cv-05349 CW STIPULATION AND [PROPOSED] ORDER RE EXTENSION OF BRIEFING AND HEARING DATES

-3-