Klamath Riverkeeper v. National Marine Fisheries Service et al
Filing
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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: (415) 436-7298
FAX: (415) 436-6748
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sabita.soneji@usdoj.gov
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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: (415) 269-0066
Page.perry@gmail.com
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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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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
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PAGE PERRY
Attorney for Plaintiff
By:
MELINDA HAAG
United States Attorney
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/s/ Sabita J. Soneji
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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
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