Resource Renewal Institute et al v. National Park Service et al

Filing 114

STIPULATION AND ORDER re 113 STIPULATION WITH PROPOSED ORDER to Temporarily Stay Litigation and Extend Pending Deadlines filed by Western Watersheds Project, Center for Biological Diversity, Resource Renewal Institute, Set/Reset Deadlines as to 113 STIPULATION WITH PROPOSED ORDER to Temporarily Stay Litigation and Extend Pending Deadlines, 86 MOTION for Preliminary Injunction Relief. Replies due by 11/2/2016. Motion Hearing set for 12/14/2016 10:00 AM before Hon. Saundra Brown Armstrong. Status Report due by 10/17/2016.. Signed by Judge Saundra Brown Armstrong on 9/27/16. (sisS, COURT STAFF) (Filed on 9/27/2016)

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KEKER & VAN NEST LLP
JEFFREY R. CHANIN - # 103649
[e-mail]
DAVID W. RIZK - # 284376
[e-mail]
633 Battery Street
San Francisco, CA 94111-1809
Telephone:
415 391 5400
Facsimile:
415 397 7188
ADVOCATES FOR THE WEST
LAURENCE (“LAIRD”) J. LUCAS - # 124854
[e-mail]
ELIZABETH H. ZULTOSKI – (pro hac vice)
[e-mail]
P.O. Box 1612
Boise, ID 83701
Telephone: [phone]
Facsimile:
208 342 8286
Attorneys for Plaintiffs
RESOURCE RENEWAL INSTITUTE,
CENTER FOR BIOLOGICAL DIVERSITY,
and WESTERN WATERSHEDS PROJECT

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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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RESOURCE RENEWAL INSTITUTE,
CENTER FOR BIOLOGICAL
DIVERSITY, and WESTERN
WATERSHEDS PROJECT,

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Case No. 4:16-cv-00688-SBA (KAW)
STIPULATION AND [PROPOSED] ORDER
TO TEMPORARILY STAY LITIGATION
AND EXTEND PENDING DEADLINES

Plaintiffs,
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Judge:

v.

Hon. Saundra Brown Armstrong

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NATIONAL PARK SERVICE, a federal
agency, and CICELY MULDOON, in her
official capacity as Superintendent of Point
Reyes National Seashore,

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Defendants.

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Date Filed: February 10, 2016
Trial Date: None set

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STIPULATION AND [PROPOSED] ORDER TO TEMPORARILY STAY LITIGATION AND EXTEND
PENDING DEADLINES
Case No. 4:16-cv-00688-SBA (KAW)
1077509

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Pursuant to N.D. Cal. Local Civil Rules 6-1, 6-2, 7-2, 7-3, and 7-4, Plaintiffs RESOURCE

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RENEWAL

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WATERSHEDS PROJECT, and Defendants NATIONAL PARK SERVICE, and CICELY

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MULDOON IN HER OFFICIAL CAPACITY AS SUPERINTENDENT OF POINT REYES

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NATIONAL SEASHORE (collectively, the “Parties”), through undersigned counsel hereby jointly

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stipulate and respectfully request that the Court: (1) stay the case until October 17, 2016; and (2)

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extend by three weeks the pending deadlines for the Case Management Conference and statement, and

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Plaintiffs’ Reply in Support of Their Motion for Preliminary Injunctive Relief. The Parties jointly

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declare in support of these stipulated requests:

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A.

INSTITUTE,

CENTER

FOR

BIOLOGICAL

DIVERSITY,

and

WESTERN

WHEREAS, the Court entered an Order on July 22, 2016, referring the above-

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captioned action for a mandatory settlement conference (the “Settlement Conference”) (ECF No. 55)

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with Hon. Judge Donna M. Ryu (ECF No. 67) on September 20, 2016 (ECF No. 72);

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B.

WHEREAS, the Parties and representatives for the Intervenors KEVIN and NANCY

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LUNNY, RICHARD and JACKIE GROSSI, TED and RHEA MCISSAC, GINO LUCCHESI JR and

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CLATON LUCCHESSI, MIKE and MORGAN GIAMONN, RICHARD GALLAGHER, RALPH and

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LUKE GIACOMINI, FRED and GINNY ROGERS, LOUIS and WYATT ZANARDI, and

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PAULETTE PERCY (“the Lunny Ranchers”) and JULIE EVANS ROSSOTTI, DAVID and

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DOLORES EVANS, ROBERT McCLURE, TIM, TOM, and MIKE KEHOE, NICHOLA, ERNIE,

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and ERNEST SPALETTA, BETTY NUNES, and WILLIAM and NICOLETTE NIMAN (the

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“Rossotti Ranchers”) and the COUNTY OF MARIN (collectively, “the Intervenors”) participated in

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the Settlement Conference on September 20, 2016, and agreed to deadlines regarding next steps (ECF

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No. 112);

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C.

WHEREAS, the Court entered an Order on August 11, 2016, directing the parties to file

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a joint status report informing the Court as to the outcome of the mandatory settlement conference

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(ECF No. 80);

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D.

WHEREAS, the Court entered an Order on September 2, 2016, setting an October 12,

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2016, due date for Plaintiffs’ Reply in Support of their Motion for Preliminary Injunctive Relief (ECF

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No. 96) and continuing the hearing on Plaintiffs’ Motion for Preliminary Injunctive Relief to
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STIPULATION AND [PROPOSED] ORDER TO TEMPORARILY STAY LITIGATION AND EXTEND
PENDING DEADLINES
Case No. 4:16-cv-00688-SBA (KAW)

1077509

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November 9, 2016;

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E.

WHEREAS, the Court re-set the due dates for the Case Management Statement to

October 12, 2016, and for the Case Management Conference to October 19, 2016 (ECF No. 80);

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F.

WHEREAS, the Parties believe that a three-week stay of the litigation and an extension

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of these pending deadlines will conserve judicial resources, save the Parties’ time and expenses, and

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allow the Parties to focus on the deadlines set during the Settlement Conference;

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G.

WHEREAS, Plaintiffs may seek to further extend the due date for their Reply in order

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to obtain further production of information from the Defendants, and the Parties agree that Plaintiffs

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are not waiving their right to seek such an extension by entering into this stipulation, and that they

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shall not be prejudiced by entering into this stipulation;

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H.

WHEREAS, the Parties agree that by entering into this stipulation Defendants shall not

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be prejudiced and are not waiving their right to object to any motion by Plaintiffs to supplement the

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Administrative Record, to seek any form of discovery, or to extend the due date for their reply brief in

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order to obtain further production of information from Defendants;

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I.

WHEREAS, Counsel for Intervenors Rosetti Ranchers, Lunny Ranchers, and Marin

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County have each stated they do not oppose the Parties’ request to stay the litigation as described

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herein;

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NOW THEREFORE, pursuant to N.D. Cal. Local Civil Rules 6-1, 6-2, 7-2, 7-3, and 7-4, the
Parties through their respective attorneys stipulate and jointly request that the Court:

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1.

Stay the case until October 17, 2016;

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2.

Extend the pending due date for Plaintiffs’ Reply in Support of Their Motion for

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Preliminary Injunctive Relief by three weeks from its current date to November 2, 2016, extend the

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Case Management Conference and statement, by at least three weeks from their current due dates or as

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appropriate based on the Court’s calendar, and continue the hearing date for Plaintiffs’ Motion for

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Preliminary Injunctive Relief to December 14, 2016; and

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3.

Order the Parties to file a joint status report on October 17, 2016, informing the Court

whether they believe a further stay would be appropriate at that time.
SO STIPULATED AND AGREED.
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STIPULATION AND [PROPOSED] ORDER TO TEMPORARILY STAY LITIGATION AND EXTEND
PENDING DEADLINES
Case No. 4:16-cv-00688-SBA (KAW)

1077509

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Dated: September 26, 2016

KEKER & VAN NEST LLP

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By:

/s/ Jeffrey R. Chanin
JEFFREY R. CHANIN
DAVID W. RIZK
/s/ Elizabeth H. Zultoski
LAURENCE (“LAIRD”) J. LUCAS
ELIZABETH H. ZULTOSKI (pro hac vice)
ADVOCATES FOR THE WEST
P.O. Box 1612
Boise, ID 83701
Telephone:
208 342 7024
Facsimile:
208 342 8286
Attorneys for Plaintiffs
RESOURCE RENEWAL INSTITUTE,
CENTER FOR BIOLOGICAL DIVERSITY,
and WESTERN WATERSHEDS PROJECT

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STIPULATION AND [PROPOSED] ORDER TO TEMPORARILY STAY LITIGATION AND EXTEND
PENDING DEADLINES
Case No. 4:16-cv-00688-SBA (KAW)
1077509

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Dated: September 26, 2016

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UNITED STATES ATTORNEY’S OFFICE
By:

/s/ Caitlin B. Imaki
CAITLIN B. IMAKI(Wash. Bar No. 44679)
Trial Attorney
JOSEPH T. MATHEWS (Colo. Bar No. 42865)
Trial Attorney
Environment & Natural Resources Division
United States Department of Justice
P.O. Box 7611
Ben Franklin Station
Washington, DC 20044-7611
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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BRIAN J. STRETCH
United States Attorney

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/s/ Michael T. Pyle
MICHAEL T. PYLE (Cal. Bar No. 172954)
Assistant United States Attorney
150 Almaden Boulevard, Suite 900
San Jose, California 95113
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendants
NATIONAL PARK SERVICE, and
CICELY MULDOON IN HER OFFICIAL
CAPACITY AS SUPERINTENDENT OF
POINT REYES NATIONAL SEASHORE

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CERTIFICATION OF CONCURRENCE FROM OTHER PARTIES
I, Elizabeth H. Zultoski, am the ECF user whose ID and password are being used to file this

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Stipulation.

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signatories has concurred in the filing of this document and has authorized the use of his or her

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electronic signature.

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In compliance with N.D. Cal. Civ. L.R. 5-1(i)(3), I hereby attest that each of the

Dated: September 26, 2016

/s/ Elizabeth H. Zultoski
Elizabeth H. Zultoski

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STIPULATION AND [PROPOSED] ORDER TO TEMPORARILY STAY LITIGATION AND EXTEND
PENDING DEADLINES
Case No. 4:16-cv-00688-SBA (KAW)
1077509

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: September 27, 2016

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______________________________
SAUNDRA BROWN ARMSTRONG
Senior United States District Judge

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STIPULATION AND [PROPOSED] ORDER TO TEMPORARILY STAY LITIGATION AND EXTEND
PENDING DEADLINES
Case No. 4:16-cv-00688-SBA (KAW)
1077509