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

Filing 24

ORDER re 23 Granting Stipulation to Continuing Case Management Conference. Case Management Conference set for 6/3/2010 02:00 PM. Signed by Judge Claudia Wilken on 04/30/2010. (ndr, COURT STAFF) (Filed on 4/30/2010)

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IGNACIA S. MORENO Assistant Attorney General Environment & Natural Resources Division United States Department of Justice KEVIN W. McARDLE United States Department of Justice Environment & Natural Resources Division Wildlife & Marine Resources Section 601 D Street, N.W., Room 3034 Washington, D.C. 20004 Tel: [phone] Fax: [phone] E-mail: [e-mail] 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 SAN FRANCISCO DIVISION

TURTLE ISLAND RESTORATION NETWORK and MAYPORT VILLAGE CIVIC ASSOCIATION, Plaintiffs, v. UNITED STATES DEPARTMENT OF STATE, Defendant.

No. 4:09-cv-05239-CW STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE - AS MODIFIED Date: May 4, 2010 Time: 2:00 p.m. Courtroom No. 2 Hon. Claudia Wilken

Turtle Island Restoration Network, et al. v. U.S. Department of State, No. 4:09-cv-05239-CW Stipulation and Proposed Order Continuing Case Management Conference

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Plaintiffs Turtle Island Restoration Network and Mayport Village Civic Association and Defendant U.S. Department of State hereby stipulate, pursuant to Civil L.R. 6-2, to a continuance of the Case Management Conference, subject to approval by this Court. In support of this stipulation, the parties represent as follows: 1. A Case Management Conference is currently scheduled in this matter for May 4, 2010, at

2:00 p.m. [Dkt. #9]. (Declaration of David B. Glazer ("Glazer Decl.") ¶ 2.) 2. The Defendant filed a motion for judgment on the pleadings on March 19, 2010 [Dkt.

#17]. (Glazer Decl. ¶ 3.) 3. The Defendant stipulated to Plaintiffs' request for an enlargement of the briefing

schedule for the motion for judgment on April 7, 2010 [Dkt. #19] and again on April 12, 2010 [Dkt. #20]. (Glazer Decl. ¶ 4.) The second request asked the Court to schedule a hearing on Defendants' motion for June 3, 2010. (Id.) The Court approved that request on April 23, 2010 [Dkt. #22]. (Id.) 4. Because the Case Management Conference is currently scheduled to be held one month

before the motion for judgment will be heard, it would be appropriate to reschedule the Case Management Conference for a date after the motion is resolved. If resolution of the motion does not dispose of this case in its entirety, the parties propose that the Conference be set for a date approximately two weeks after a decision on the motion. 5. The parties previously stipulated to an extension of time for Defendant to respond to the

complaint, pursuant to Civil L.R. 6-1(a) on December 31, 2009 [Dkt #10]. (Glazer Decl. ¶ 5.) The parties stipulated to a further extension of the time for a response to the complaint on February 4, 2010 [Dkt. #14], which the Court granted on February 5, 2010 [Dkt. #15].1 (Id.) 6. Other than as set out in Paragraphs 3 and 5, above, there have been no other requests for

extension or continuance. (Glazer Decl. ¶ 6.) / / /

Defendant filed its answer on February 19, 2010 [Dkt. #16].

Turtle Island Restoration Network, et al. v. U.S. Department of State, No. 4:09-cv-05239-CW Stipulation and Proposed Order Extending Continuing Case Management Conference

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SO STIPULATED: FOR THE PLAINTIFFS DATED: April 30, 2010 /s/Deborah Ann Sivas [Concurrence obtained per General Order 45.X] DEBORAH ANN SIVAS Environmental Law Clinic Mills Legal Clinic at Stanford Law School Crown Quadrangle 559 Nathan Abbott Way Stanford, California 94305-8610 Tel: [phone] Fax: [phone] E-mail: [e-mail] FOR THE DEFENDANT DATED: April 30, 2010 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] KEVIN W. McARDLE United States Department of Justice Environment & Natural Resources Division Wildlife & Marine Resources Section 601 D Street, N.W., Room 3034 Washington, D.C. 20004 Tel: [phone] Fax: [phone] E-mail: [e-mail] 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: April 30, 2010 /s/David B. Glazer DAVID B. GLAZER

Turtle Island Restoration Network, et al. v. U.S. Department of State, No. 4:09-cv-05239-CW Stipulation and Proposed Order Extending Continuing Case Management Conference

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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 30, 2010

ORDER Upon consideration of the Stipulation set out above, it is hereby ORDERED that the Case Management Conference, currently set for May 4, 2010, is continued to June 3, 2010 at 2:00 p.m.

_________________________ CLAUDIA WILKEN United States District Judge

Turtle Island Restoration Network, et al. v. U.S. Department of State, No. 4:09-cv-05239-CW Stipulation and Proposed Order Extending Continuing Case Management Conference

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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 30, 2010

CERTIFICATE OF SERVICE I, David B. Glazer, hereby certify that, on April 30, 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

Turtle Island Restoration Network, et al. v. U.S. Department of State, No. 4:09-cv-05239-CW Stipulation and Proposed Order Extending Continuing Case Management Conference

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