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

Filing 53

ORDER ESTABLISHING BRIEFING SCHEDULE AND REFERRING CASE TO JUDGE LAPORTE FOR SETTLEMENT CONFERENCE re 52 Stipulation. The Court finds good cause to refer this case to Magistrate Judge Laporte for a Settlement Conference. On or before 7/2/2010, the parties shall contact Judge Laporte's Chambers to schedule their settlement conference. Signed by Judge James Ware on 6/25/2010. (ecg, COURT STAFF) (Filed on 6/25/2010)

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1 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 ) ) THE OTTER PROJECT and ) 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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No. C 09-4610 JW STIPULATION AND [PROPOSED] ORDER ESTABLISHING BRIEFING REFERRING CASE SCHEDULE AND SELECTING ADR PROCESS LAPORTE FOR TO JUDGE SETTLEMENT CONFERENCE

Pursuant to Civil L.R. 7-12 this Stipulation is entered into by and between Plaintiffs, The Otter Project and Environmental Defense Center, Federal Defendants, Ken Salazar, Secretary of the United States Department of the Interior, Rowan Gould, Acting Director of the U.S. Fish & Stipulation re: Briefing Schedule and Settlement Conference 1 No. C. 09-4610 JW

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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, on May 20, 2010, the Court entered a Scheduling Order in this matter (Doc. No. 49); WHEREAS, the Scheduling Order establishes dates for completion of briefing and hearing the parties' cross-motions for summary judgment, but does not establish a briefing schedule; WHEREAS, the parties have agreed to a briefing schedule consistent with the Scheduling Order; WHEREAS, the parties have participated in two conference calls with the Alternative Dispute Resolution ("ADR") program, and have agreed that a Settlement Conference before a magistrate judge may aid resolution of this matter; WHEREAS, the parties request a Settlement Conference be set as soon as possible; NOW, THEREFORE, the parties stipulate as follows: 1. Defendants shall file and serve the Administrative Record on or before August 16, 2010. 2. Plaintiffs or Intervenor-Defendants shall file any motion challenging the contents of the Administrative Record on or before September 14, 2010. The filing of such a motion shall vacate any summary-judgment briefing and hearing schedule. 3. The parties shall file their motions for summary judgment on or before September 17, 2010. 4. The parties shall file oppositions to motions for summary judgment by October 8, 2010. 5. The parties shall file summary-judgment replies by October 22, 2010. 6. The Court finds good cause to is referred to to Magistrate Judge Laporte for a 6. The above-captioned matter refer this case a magistrate judge for the conduct of a Settlement Conference. On or before July 2, 2010, the parties shall contact Judge Laporte's Settlement Conference. Chambers to schedule their settlement conference. June 18, 2010 Stipulation re: Briefing Schedule and Settlement Conference Respectfully Submitted,

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1 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 re: Briefing Schedule and Settlement Conference /s/ George J. Mannina, Jr. (by LEF, as authorized 6/18/10) George J. Mannina, Jr. (D.C. Bar No. 316943) Pro hac vice NOSSAMAN LLP 1666 K St., N.W., Suite 500 Washington, D.C. 20006 [phone] Fax: [phone] No. C. 09-4610 JW /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/ Brian Segee (by LEF, as authorized 6/18/10) Linda J. Krop (Cal. Bar. No. 118773) Brian Segee (Cal. Bar No. 200795) Environmental Defense Center 906 Garden Street Santa Barbara, CA 93101 Tel: [phone] Fax: [phone] email: [e-mail], [e-mail] Attorneys for Plaintiffs IGNACIA S. MORENO, Asst. Attorney General JEAN E. WILLIAMS, Section Chief

1 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 re: Briefing Schedule and Settlement Conference Dated: June 25, 2010

[e-mail] Attorneys for Intervenor-Defendants

PURSUANT TO STIPULATION, IT IS SO ORDERED.AS MODIFIED.

JAMES WARE UNITED STATES DISTRICT JUDGE United States District Judge

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