Center For Biological Diversity et al v. Export-Import Bank of the United States et al

Filing 65

ORDER Granting 63 Joint Case Management Statement. Signed by Judge Saundra Brown Armstrong on 8/27/2014. (ndr, COURT STAFF) (Filed on 8/27/2014)

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Sarah Uhlemann (WA Bar No. 41164)*
Center for Biological Diversity
2400 NW 80th Street, #146
Seattle, WA 98117
Phone: [phone]
Facsimile: [phone]
Email: [e-mail]
*Admitted pro hac vice
Brendan Cummings (CA Bar No. 193952)
Center for Biological Diversity
P.O. Box 549
Joshua Tree, CA 92252
Phone: [phone]
Facsimile: [phone]
Email: [e-mail]

SAM HIRSCH
Acting Assistant Attorney General
U.S. Department of Justice
Environment & Natural Resources Division
KRISTOFOR SWANSON
Trial Attorney
(CO Bar No. 39378)
Natural Resources Section
Ben Franklin Station, P.O. Box 7611
Washington, D.C. 20044-7611
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendants
[add’l attorneys in signature block]

Miyoko Sakashita (CA Bar No. 239639)
Center for Biological Diversity
351 California Street, Suite 600
San Francisco, CA 94104
Phone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiffs

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
CENTER FOR BIOLOGICAL DIVERSITY, )
et al.,
)
)
)
Plaintiffs,
)
v.
)
)
EXPORT-IMPORT BANK OF THE
)
UNITED STATES, et al.,
)
)
Defendants.

4:12-cv-6325 SBA
J OINT CASE MANAGEMENT
STATEMENT AND PROPOSED SCHEDULE
Date:
Time:
Place:
Judge:

August 27, 2014
3:00 p.m.
Conference Call
Hon. Saundra Brown Armstrong

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Joint Case Management Statement
and Proposed Schedule

4:12-cv-06325 SBA

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In advance of the case management conference scheduled for August 27, 2014, the parties

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jointly submit this report on case management and proposed schedule:

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Procedural Posture

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On December 13, 2012, Plaintiffs Center for Biological Diversity, Pacific Environment, and

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Turtle Island Restoration Network filed the above-captioned action against Defendants Export-Import

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Bank of the United States and Fred P. Hochberg, in his official capacity as Bank Chairman and

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President. After the Court denied Defendants’ motion to transfer venue, Plaintiffs amended their

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complaint on October 4, 2013. Plaintiffs allege that Bank funding for two natural gas projects violated

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the Endangered Species Act (“ESA”), the National Historic Preservation Act (“NHPA”), and the

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Administrative Procedure Act. Plaintiffs also separately allege Defendants have violated the Freedom of

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Information Act (“FOIA”).

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On November 12, 2013, Defendants filed a motion to dismiss Plaintiffs’ ESA claim but did not

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move to dismiss the NHPA or FOIA claims. On August 12, 2014, the Court granted Defendants’ motion

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to dismiss Plaintiffs’ ESA claim and provided Plaintiffs 21 days to amend their complaint. ECF No. 62.

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Plaintiffs intend to amend their complaint.

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Additionally, during the pendency of the motion to dismiss, the parties conferred regarding the

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administrative record, and Defendants filed a supplemented/amended administrative record on May 29,

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2014. ECF Nos. 54; 55. On May 30, 2014, the parties submitted a Joint Proposed Schedule and

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Stipulation and committed to propose a summary judgment briefing schedule within 10 days of the

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Court’s order granting or denying Defendants’ motion to dismiss. See ECF No. 57. The Court approved

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that proposal on June 2, 2014. ECF No. 59. In light of Plaintiffs’ stated intention to file an amended

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complaint, however, the parties are not prepared to propose a summary judgment or other schedule until

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the amended complaint has been filed and Defendants have reviewed the amendment and determined

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how to respond.

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Proposed Schedule

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Accordingly, the parties propose the following schedule:

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September 2, 2014:

Last day for Plaintiffs to file an amended complaint.

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Joint Case Management Statement
and Proposed Schedule

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4:12-cv-06325 SBA

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September 12, 2014:

The parties shall file a joint notice and proposed schedule wherein

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Defendants shall state how they intend to respond to Plaintiffs’

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amended complaint and the parties shall propose an appropriate

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briefing schedule for all claims.

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Dated: August 19, 2014

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Respectfully submitted,
_/s/ Sarah Uhlemann___
Sarah Uhlemann (WA Bar No. 41164)*
Center for Biological Diversity
2400 NW 80th Street, #146
Seattle, WA 98117
Phone: [phone]
Facsimile: [phone]
Email: [e-mail]
*Admitted pro hac vice

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Brendan Cummings (CA Bar No. 193952)
Center for Biological Diversity
P.O. Box 549
Joshua Tree, CA 92252
Phone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Miyoko Sakashita (CA Bar No. 239639)
Center for Biological Diversity
351 California Street, Suite 600
San Francisco, CA 94104
Phone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Plaintiffs

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SAM HIRSCH, Acting Assistant Attorney General
U.S. Department of Justice
Environment and Natural Resources Division

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MEREDITH L. FLAX, Senior Trial Attorney
D.C. Bar No. 468016
Wildlife & Marine Resources Section
Ben Franklin Station, P.O. Box 7611

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Joint Case Management Statement
and Proposed Schedule

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4:12-cv-06325 SBA

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Washington, D.C. 20044-7611
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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_/s/ Kristofor R. Swanson___
KRISTOFOR R. SWANSON, Trial Attorney
Colo. Bar No. 39378
Natural Resources Section
Ben Franklin Station, P.O. Box 7611
Washington, D.C. 20044-7611
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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MELINDA HAAG
UNITED STATES ATTORNEY

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MICHAEL T. PYLE
Assistant U.S. Attorney
150 Almaden Boulevard, Suite 900
San Jose, CA 95113
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Defendants

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ATTORNEY ATTESTATION OF CONCURRENCE
I hereby attest that I have obtained concurrence in this filing for the signature of Defendants’
counsel indicated by a “conformed” signature (“/s/”) within this e-filed document.

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DATED: August 19, 2014

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_/s/ Sarah Uhlemann_____
Sarah Uhlemann

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Joint Case Management Statement
and Proposed Schedule

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4:12-cv-06325 SBA

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IT IS SO ORDERED:

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8/27/2014
___________________
Date

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___________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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Joint Case Management Statement
and Proposed Schedule

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4:12-cv-06325 SBA