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

Filing 44

ORDER Denying Stipulation to Continue Case Management Conference re 43 Stipulation. Joint Case Management Statement due by 5/14/2010. Case Management Conference set for 5/24/2010 10:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 5/13/2010. (ecg, COURT STAFF) (Filed on 5/13/2010)

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2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation and [Proposed] Order Continuing Case Management Conference 1 ) THE OTTER PROJECT, ENVIRONMENTAL DEFENSE CENTER, ) ) ) Plaintiffs, ) v. ) ) KEN SALAZAR, ROWAN GOULD, ) UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH ) ) & WILDLIFE SERVICE, ) ) Defendants, ) ) CALIFORNIA SEA URCHIN ) COMMISSION, PETER HALMAY, ) HARRY LIQUORNIK, CALIFORNIA ) ABALONE ASSOCIATION, SONOMA ) COUNTY ABALONE NETWORK, ) ) Intervenor-Defendants. )

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

No. C 09-4610 JW STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

Pursuant to Civil L.R. 6-2 and 7-12, this Stipulation is entered into by and between Plaintiffs, The Otter Project and Environmental Defense Center, Federal Defendants, Ken

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Salazar, Secretary of the United States Department of the Interior, Rowan Gould, Acting Director of the U.S. Fish & Wildlife Service, the United States Department of the Interior, and the United States Fish & Wildlife Service, and Intervenor-Defendants, California Sea Urchin Commission, Peter Halmay, Harry Liquornik, California Abalone Association, and Sonoma County Abalone Network. WHEREAS, the Court, in its Order of May 5, 2010, set a Case Management Conference in the above-captioned matter for May 24, 2010, at 10:00 a.m. (Doc. No. 42 at 10); WHEREAS, counsel for Federal Defendants will be out of the country and unavailable from May 14, 2010 to May 26, 2010, due to previously scheduled personal commitments, and is otherwise unavailable on June 21, 2010, and June 28, 2010; WHEREAS, counsel for Intervenor-Defendants will be out of the country and unavailable from June 1, 2010, to June 14, 2010, due to previously scheduled personal commitments; WHEREAS, the parties agree that continuing the Case Management Conference in this matter will not materially impede the progress of this litigation, and may facilitate discussions regarding settlement; NOW, THEREFORE, the undersigned parties stipulate as follows: 1. The Case Management Conference set for May 24, 2010, shall be CONTINUED to July 12, 2010 at 10:00 a.m. Alternatively, if the Court prefers, the parties are available for a special setting at any time on June 22 or 23, 2010. 2. The parties shall file a Joint Case Management Statement ten days prior to the Case Management Conference. // // // // // Stipulation and [Proposed] Order Continuing Case Management Conference

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May 6, 2010

Respectfully Submitted,

/s/ Brian Segee (by LEF, as authorized 5/6/10) 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 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

/s/ George J. Mannina, Jr. (by LEF, as authorized 5/6/10) George J. Mannina, Jr. (D.C. Bar No. 316943) Pro hac vice NOSSAMAN LLP

Stipulation and [Proposed] Order Continuing Case Management Conference

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1666 K St., N.W., Suite 500 Washington, D.C. 20006 [phone] Fax: [phone] [e-mail] Attorneys for Intervenor-Defendants

PURSUANT TO STIPULATION, IT IS SO ORDERED. 9 The request to continue the May 24, 2010 case management conference is DENIED. The case management remains on calendar as previously scheduled. The parties shall file their joint case 10 managemnet confernece statement by May 14, 2010. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation and [Proposed] Order Continuing Case Management Conference 4 No. C. 09-4610 JW Dated: May 13, 2010 UNITED STATES DISTRICT JUDGE

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