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

Filing 68

ORDER by Judge Claudia Wilken Granting 67 Stipulation Setting Briefing Schedules. (ndr, COURT STAFF) (Filed on 9/15/2014)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15

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]
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]

SAM HIRSCH
Acting Assistant Attorney General
U.S. Department of Justice
Environment & Natural Resources Division
MEREDITH L. FLAX
Senior Trial Attorney (D.C. Bar No. 468016)
Wildlife & Marine Resources Section
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]; [phone]
[e-mail]
[e-mail]
Attorneys for Defendants
[Additional counsel listed under signature
block]

Attorneys for Plaintiffs

16
17
18
19
20
21
22
23
24
25
26
27
28

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
CENTER FOR BIOLOGICAL DIVERSITY, ) 4:12-cv-6325 SBA
)
et al.,
) STIPULATION AND ORDER SETTING
) BRIEFING SCHEDULE
Plaintiffs,
)
v.
)
)
EXPORT-IMPORT BANK OF THE
)
UNITED STATES, et al.,
)
)
Defendants.

1
2
3
4

WHEREAS, Defendants moved to dismiss the First Claim for Relief in the Amended Complaint
on November 12, 2013. ECF No. 41;
WHEREAS, Defendants have filed the administrative record and a supplement thereto, and the
Parties have agreed that summary judgment briefing should proceed on that record. See ECF No. 57;

5

WHEREAS, on August 12, 2014, the Court issued an Order granting the motion to dismiss and

6

giving Plaintiffs leave to file an amended complaint within twenty-one days from the date of its Order.

7

ECF No. 62;

8

WHEREAS, on August 19, 2014, the Parties filed a Joint Case Management Statement and

9

Proposed Schedule. ECF No. 63. The Parties proposed that Plaintiffs file an amended complaint by

10

September 2, 2014 and that the Parties file a joint notice and proposed schedule by September 12, 2014

11

in which Defendants would state how they intend to respond to the amended complaint and the Parties

12

would propose an appropriate briefing schedule for all claims. Id.;

13

WHEREAS, Plaintiffs filed a Second Amended Complaint on August 25, 2014. ECF No. 64;

14

WHEREAS, on August 27, 2014, the Court held a Case Management Conference and signed the

15
16
17
18
19
20
21

Order granting the Parties’ proposed schedule. ECF Nos. 65, 66;
WHEREAS, Defendants have reviewed the Second Amended Complaint and intend to move to
dismiss the First Claim for Relief;
WHEREAS, as a record review case, trial is unnecessary and the merits of Plaintiffs’ claims that
remain after the motion to dismiss can be resolved on cross-motions for summary judgment; and
WHEREAS, to facilitate a more expeditious resolution of this case, the Parties have agreed on a
process to soon begin summary judgment briefing on the Second and Third Claims for Relief.

22

The Parties thus stipulate, subject to the Court’s approval, to the following:

23

(1) Defendants will file a motion to dismiss the First Claim for Relief in the Second Amended

24

Complaint by October 10, 2014; Plaintiffs will file an opposition to the motion to dismiss by October

25

31, 2014; Defendants will file a reply in support of their motion to dismiss by November 14, 2014;

26

Defendants will notice the hearing for November 25, 2014.

27
28

(2) Plaintiffs will file a motion for summary judgment by March 1, 2015. If, prior to February
24, 2015, the Court has granted or has yet to rule on the motion to dismiss, Plaintiffs’ motion for
Joint Proposed Schedule and Stipulation
4:12-cv-6325 SBA

1

1

summary judgment will address only the Second and Third Claims for Relief; Defendants will file a

2

combined opposition and cross-motion for summary judgment by May 1, 2015; Plaintiffs will file a

3

combined reply in support of their motion for summary judgment and opposition to Defendants’ cross-

4

motion for summary judgment by June 10, 2015; Defendants will file a reply in support of their cross-

5

motion for summary judgment by July 1, 2015.

6

(3)

Within seven days of any denial of the motion to dismiss, the Parties may propose, as

7

appropriate, a modification to the above summary judgment briefing schedule to allow Plaintiffs time to

8

include the First Claim for Relief in their motion, or a separate summary judgment briefing schedule for

9

the First Claim for Relief.

10

Dated: September 12, 2014

11

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

12
13

/s/ Meredith L. Flax
MEREDITH L. FLAX, Senior Trial Attorney
D.C. Bar No. 468016
Wildlife & Marine Resources Section
Ben Franklin Station, P.O. Box 7611
Washington, D.C. 20044-7611
Telephone: [phone]
Facsimile: [phone]
[e-mail]
KRISTOFOR 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]

14
15
16
17
18
19
20
21
22
23

MELINDA HAAG
UNITED STATES ATTORNEY
MICHAEL T. PYLE
Assistant U.S. Attorney
150 Almaden Boulevard, Suite 900
San Jose, CA 95113
Telephone: [phone]
Facsimile: [phone]

24
25
26
27
28
Joint Proposed Schedule and Stipulation
4:12-cv-6325 SBA

2

1

[e-mail]

2

Counsel for Federal Defendants

3
4

Dated: September 12, 2014

5
6
7
8

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

9
Brendan Cummings (CA Bar No. 193952)
Center for Biological Diversity
P.O. Box 549
Joshua Tree, CA 92252
Telephone: [phone]
Facsimile: [phone]
[e-mail]

10
11
12
13
14

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

15
16
17
18

Counsel for Plaintiffs

19
20
21

ORDER

22
23
24
25

Pursuant to stipulation, IT IS SO ORDERED:
9/15/2014
___________________
Date

___________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

26
27
28
Joint Proposed Schedule and Stipulation
4:12-cv-6325 SBA

3

1

ATTORNEY ATTESTATION OF CONCURRENCE

2

I hereby attest that I have obtained concurrence in the filing for the signature of all counsel indi-

3

cated by a “conformed” signature (“/s/”) within this e-filed document, in accordance with Civil L.R. 5-

4

1(i).

5

Dated: September 12, 2014

6
7
8
9

/s/ Meredith L. Flax
MEREDITH L. FLAX, Senior Trial Attorney
D.C. Bar No. 468016
Wildlife & Marine Resources Section
Ben Franklin Station, P.O. Box 7611
Washington, D.C. 20044-7611
Telephone: [phone]
Facsimile: [phone]
[e-mail]

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Joint Proposed Schedule and Stipulation
4:12-cv-6325 SBA

4