Sierra Club et al v. California American Water Company et al

Filing 33

ORDER APPROVING 32 STIPULATION FOR STAY OF FILING RESPONSIVE PLEADING. Signed by Judge Jeremy Fogel on 9/3/2009. (jflc2, COURT STAFF) (Filed on 9/4/2009)

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JOHN C. CRUDEN, Acting Assistant Attorney General JEAN E. WILLIAMS, Section Chief S. JAY GOVINDAN, Senior Trial Attorney United States Department of Justice Environment &Natural Resources Division Wildlife & Marine Resources Section Ben Franklin Station, P.O. Box 7369 Washington, D.C. 20044-7369 Phone: [phone] Facsimile: [phone] Attorneys for Defendants

**E-Filed 9/4/2009**

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SIERRA CLUB, and the ) CARMEL RIVER STEELHEAD ASSOCIATION, ) ) Plaintiffs, ) ) v. ) ) CALIFORNIA AMERICAN WATER COMPANY,) d/b/a CALIFORNIA AMERICAN WATER, ) ) Defendant, ) ) and ) ) GARY LOCKE, SECRETARY OF THE ) U.S. DEPARTMENT OF COMMERCE; ) DR. JANE LUBCHENKO, ADMINISTRATOR ) of the NATIONAL OCEANIC AND ) ATMOSPHERIC ADMINISTRATION; and ) RODNEY McINNIS, REGIONAL ) ADMINISTRATOR, SOUTHWEST REGION, ) NATIONAL MARINE FISHERIES SERVICE, ) ) Named as FRCP 19(a) ) Necessary Party Defendants. ) ) Civ. No. 09-2870-JF

STIPULATION FOR STAY OF FILING RESPONSIVE PLEADING; ----------------- ORDER [PROPOSED]

Judge: Hon. Jeremy Fogel

The Sierra Club and the Carmel River Steelhead Association ("Plaintiffs"), Gary Locke, Secretary of the U.S. Department of Commerce, Dr. Jane Lubchenko, Administrator of the National Oceanic and Atmospheric Administration, and Rodney McInnis, Regional Administrator of the Southwest Region, National Marine Fisheries Service ("Federal Defendants"), by and through their undersigned counsel hereby stipulate and state as follows: WHEREAS, Plaintiffs commenced this action on June 25, 2009;

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1 WHREAS, PlaÎntiffs effected service upon Federal Defendants by delivery of summons
2 to the United States' Attorneys' Office for the Northern Distrct of Cali fomi

a on July 21, 2009;

3 WHREAS, Defendant, California American Water Company has filed a motion to
4 dismiss this action, and the motion to dismiss is set to be heard on September 18, 2009 (Dkt. 2 i);

5 WHEREAS, pursuant to Fed. R Civ. P. 12(a)(2), Federal Defendants' responsive
6 pleading is due to be filed on September 21, 2009;

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WHREAS, Plaitiffs' Complaint contains no allegations Or claims directed against
Federal, Defendants; therefore

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In an effort to conserve judicial resoures, the parties hereby STIPULATE:
1. That Federal Defendants' obligation to file a responsive pleading is hereby stayed

until a ruling is issued on Defendant, California American Water Company's

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motion to dismiss; and
2. Federal Defendats shall file a responsive pleading within 14 days afan order

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from this COur denying Defendant, California American Water Company's motion to dismiss; and
3. If

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Defeodant California American Water Company's motion to dismiss is grantedt
Federal Defendants need not file any responsive pleading,

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So stipulated this L. day of September, 2009.
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P.O. Box 667 Mil Valley, California. 94942 Phone: [phone] Fax: [phone]

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CALIFORNIA ENVRONMNTAL LAW PROJECT

Attörney for Plaintiffs

1 sf S. Ja Govindan . JA Y GOVINDAN, Senior Trial Attorney
2 nited States Department of Justice

nvironment &Natural Resources Division
3 ildlife & Marine Resources Section

en Franlin Station, P.O. Box 7369
4 ashington, D.C. 20044-7369

hone: [phone]
5 acsimile: [phone]
6 ttorneys for Federal Defendants

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----------1 (PROPOSED)------ORDER 2 Based on the foregoing, it is hereby ordered that Federal Defendants' time for filing a
3 esponsive pleading is stayed until 14 days after a ruling denying Defendant California American
4 ater Company's motion to dismiss. If

Defendant California American Water Company's

5 otion to dismiss is granted, Federal Defendants need not fie a responsive pleading.

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T is SO ORDERED.
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Dated: 9/4/2009
The Hon. Jeremy Fogel

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U.S. District Judge

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