The Otter Project; Environmental Defense Center v. Salazar et al

Filing 18

STIPULATION AND ORDER GRANTING Extension of Time to Respond to Complaint to 12/21/2009 re 17 Stipulation. Signed by Judge James Ware on 12/2/2009. (ecg, COURT STAFF) (Filed on 12/2/2009)

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IGNACIA S. MORENO, Assistant Attorney General JEAN E. WILLIAMS, Section Chief LAWSON E. FITE, Trial Attorney, Ore. Bar No. 055573 U.S. Department of Justice Environment & Natural Resources Division Wildlife & Marine Resources Section Ben Franklin Station P.O. Box 7369 Washington, DC 20044-7369 Phone: [phone] Fax: [phone] Email: [e-mail] Attorneys for Defendants

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) THE OTTER PROJECT and ) ENVIRONMENTAL DEFENSE CENTER, ) ) Plaintiffs, ) v. ) ) KEN SALAZAR, Secretary of the United ) States Department of the Interior, SAM ) HAMILTON, Director of the U.S. Fish & ) Wildlife Service, UNITED STATES ) DEPARTMENT OF THE INTERIOR, ) UNITED STATES FISH & WILDLIFE ) SERVICE, ) ) Defendants. )

No. C 09-4610 JW STIPULATION EXTENDING TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT UP TO AND INCLUDING DECEMBER 21, 2009

Pursuant to Civil L.R. 6-1(a) this Stipulation is entered into by and between Plaintiffs, The Otter Project and Environmental Defense Center, and Defendants, Ken Salazar, Secretary of the United States Department of the Interior, Sam Hamilton, Director of the U.S. Fish & Wildlife Stipulation Extending Time to Respond to Complaint

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Service, the United States Department of the Interior, and the United States Fish & Wildlife Service: WHEREAS, the above-captioned Complaint for Declaratory and Injunctive Relief was filed on September 30, 2009; WHEREAS, the United States Attorney for the Northern District of California was served with the Summons and Complaint on October 9, 2009, see Doc. No. 10; WHEREAS, Defendants' Answer or other response to the Complaint, pursuant to Fed. R. Civ. P. 12(a)(3), would therefore be due December 11, 2009; WHEREAS, Defendants need additional time to determine and prepare their response to the Complaint; NOW, THEREFORE, Plaintiffs and Defendants stipulate as follows: 1. Defendants shall answer or otherwise respond to the Complaint by December 21, 2009.

November 20, 2009

Respectfully Submitted,

_/s/ Brian Segee (by LEF, as authorized on 11/20/09) Brian Segee (Cal. Bar No. 200795) Environmental Defense Center 906 Garden Street Santa Barbara, CA 93101 Tel: [phone] x. 113 Fax: [phone] email: [e-mail] Attorney for Plaintiffs IGNACIA S. MORENO, Asst. Attorney General JEAN E. WILLIAMS, Section Chief

/s/ Lawson E. Fite LAWSON E. FITE, Trial Attorney Stipulation Extending Time to Respond to Complaint 2 No. C. 09-4610 JW

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Oregon Bar No. 055573 U.S. Department of Justice Environment & Natural Resources Division Wildlife & Marine Resources Section Ben Franklin Station P.O. Box 7369 Washington, DC 20044-7369 Phone: [phone] Fax: [phone] Email: [e-mail] Attorneys for Federal Defendants

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) ) ) ) ) ) ) ) ) )

THE OTTER PROJECT, et al., Plaintiffs, KEN SALAZAR, et al., Defendants.

No. C 09-4610 PVT CERTIFICATE OF SERVICE

I hereby certify that on November 20, 2009, I electronically filed the foregoing STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT with the Clerk of the Court using the CM/ECF system, which will send notification of such to the attorneys of record. /s/ Lawson E. Fite LAWSON E. FITE