Klamath Riverkeeper v. National Marine Fisheries Service et al

Filing 12

ORDER GRANTING 11 STIPULATION WITH PROPOSED ORDER Extending Time to Answer or Respond to Complaint and to Continue Rule 26(f) Conference.Joint Case Management Statement due by 11/6/2015. Initial Case Management Conference set for 11/13/2015 11:00 AM in Courtroom 5, 2nd Floor, Oakland. Signed by Judge Jeffrey S. White on 8/24/15. (jjoS, COURT STAFF) (Filed on 8/24/2015)

1 MELINDA HAAG (CABN 132612)
United States Attorney
2 ALEX G. TSE (CABN 152348)
Chief, Civil Division
3 SABITA J. SONEJI (DCBN 974062)
Assistant United States Attorney
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450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
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Telephone: [phone]
FAX: [phone]
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[e-mail]
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Attorneys for Federal Defendants
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CHRISTOPHER SPROUL (SBN 126398)
9 PAGE PERRY (SBN 246266)
Environmental Advocates
10 5135 Anza Street
San Francisco, CA
11 Telephone: [phone]
[e-mail]
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Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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KLAMATH RIVERKEEPER,
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)
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Plaintiff,
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v.
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NATIONAL MARINE FISHERIES SERVICE, )
et al.,
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Defendants.
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JOINT STIPULATION EXTENDING TIME
15-02670 JSW

CASE NO. 15-02670 JSW
JOINT STIPULATION EXTENDING TIME TO
ANSWER OR RESPOND TO COMPLAINT AND
TO CONTINUE RULE 26(f) CONFERENCE [AND
PROPOSED ORDER]
AND SETTING CASE MANAGEMENT CONFERENCE
ON NOVEMBER 13, 2015

JOINT STIPULATION

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WHEREAS, the above-named Federal Defendants (“Defendants”) were served with the

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3 underlying Complaint filed by Plaintiff Ecological Rights Foundation (“Plaintiff”) on June 20, 2015;
WHEREAS, on July 21, 2015, Plaintiff and Defendants (the “Parties”) filed a Stipulation

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5 agreeing to an extension permitting Defendants to file an answer or other response to the Complaint on
6 or before August 24, 2015;
WHEREAS, Defendants produced a large volume of documents on July 31, 2015 and August 10,

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8 2015 in response to Plaintiff’s April 29 and follow-up May 25, 2015 FOIA requests;
WHEREAS, Plaintiff is now in the process of reviewing those documents and needs additional

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10 time to confirm details that will allow it to better conduct a conference of the parties as required under
11 Rule 26(f) such as: assessing whether the production is complete; whether any documents were
12 improperly withheld; whether Defendants performed adequate searches; and whether Defendants set
13 proper cut off dates for searches;
WHEREAS, after such time, the Parties will be better prepared to assess what position they

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15 should take on settlement; whether they should stipulate or otherwise agree to narrow the issues in the
16 matter; and whether there are any other issues ripe for the Court’s review in this matter;
WHEREAS, this Court has set a Rule 26(f) Scheduling Conference for September 11, 2015 at

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18 11:00 a.m.;
WHEREAS, the Scheduling Conference triggers the Parties’ duty to hold a Rule 26 Conference

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20 of Counsel, exchange Initial Disclosures, and develop a plan for proceeding in this matter by August 21,
21 2015, and submit a Rule 26(f) Report by September 4, 2015;
WHEREAS, in light of the above-stated reasons, the Parties request a 60-day continuance of the

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23 Rule 26(f) Scheduling Conference set for September 11, 2015, and the foregoing related dates, in a
24 further effort to preserve the resources of the Parties and the Court – no prior extensions have been
25 sought by either party with respect to these dates;
IT IS HEREBY STIPULATED by and between the Parties, through their undersigned counsel of

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27 record, and subject to the Court’s approval, that:
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Defendants will file an answer or other response to the Complaint on or before October

JOINT STIPULATION EXTENDING TIME
15-02670 JSW

5, 2015;

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11:00 a.m., or at a date convenient to the Court thereafter.

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a. The Parties shall hold a Rule 26 Conference of Counsel and exchange Initial

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Disclosures on or before October 21, 2015; and

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b. The Parties shall file the Joint Scheduling Report on or before November 4, 2015.

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The Rule 26(f) Scheduling Conference is continued by 60 days to November 11, 2015 at

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All other deadlines not specifically referenced herein, and all other terms of the Court’s
Order setting the Rule 26(f) Scheduling Conference, remain unchanged.

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IT IS SO STIPULATED.

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12 DATED: August 21, 2015

By:

/s/ Page Perry
___________
PAGE PERRY
Attorney for Plaintiff

By:

MELINDA HAAG
United States Attorney

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/s/ Sabita J. Soneji
_____
SABITA J. SONEJI
Assistant United States Attorney
Attorneys for Federal Defendants

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21 PURSUANT TO STIPULATION, IT IS SO ORDERED:
IT IS HEREBY ORDERED that the parties shall appear for a case management conference on Friday,
22 November 13, 2015, at 11:00 a.m., and their joint case management statement shall be due on November 6,
23 2015. The Court notes that the parties' proposed date is a Wednesday, and the Court conducts case
management conferences on Fridays.
24 DATED:
HONORABLE JEFFREY S. WHITE
August 24, 2015
UNITED STATES DISTRICT JUDGE
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JOINT STIPULATION EXTENDING TIME
15-02670 JSW

CERTIFICATION

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Pursuant to Civil L.R. 5-1(i)(3), the undersigned hereby attests that Page Perry has concurred in

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Dated: August 21, 2015

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MELINDA HAAG
United States Attorney
/s/ Sabita J. Soneji_____
SABITA J. SONEJI
Assistant United States Attorney
Attorney for Federal Defendants

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JOINT STIPULATION EXTENDING TIME
15-02670 JSW