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

Filing 58

STIPULATION AND ORDER Extending Briefing Schedule and Continuing Hearing Date Pending Settlement Discussions re 56 Stipulation. ***Deadlines terminated re 49 SCHEDULING ORDER; Set/Reset Deadlines as to 56 Stipulation: Administrative Record due 10/18/2010, Plaintiffs/Intervenor Motion deadline 11/12/2010 re challenge of Administrative Record; Motion deadline re Motion for Summary Judgment due 11/15/2010, Oppositions due 12/6/2010, Replies due 12/20/2010. Motion Hearing re Summary Judgment set for 1/24/2011 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 8/17/2010. (ecg, COURT STAFF) (Filed on 8/17/2010)

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 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 Stipulation Extending Briefing Schedule and Continuing Hearing Date Pending Settlement Discussions ) ) 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. ) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

No. C 09-4610 JW STIPULATION AND [PROPOSED] ORDER EXTENDING BRIEFING SCHEDULE AND CONTINUING HEARING DATE PENDING SETTLEMENT DISCUSSIONS

1

No. C. 09-4610 JW

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 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, on May 20, 2010, the Court entered a Scheduling Order in this matter (Doc. No. 49), which set the parties cross-motions for summary judgment for hearing on November 15, 2010, and established October 22, 2010 as the date for completion of summary judgment briefing; WHEREAS, on June 25, 2010, the Court approved the parties' stipulation setting a briefing schedule and referring the above-captioned matter for a Settlement Conference before Magistrate Judge Elizabeth D. Laporte (Doc. No. 53), which has been set for August 26, 2010 (Doc. No. 55); WHEREAS, the parties have engaged in settlement discussions over the past month that have proven productive, and have exchanged two rounds of settlement proposals; WHEREAS, the parties wish to continue the settlement discussions and to concentrate their resources on settling, rather than litigating, this matter; WHEREAS, Defendants' deadline for production of the Administrative Record is August 16, 2010 (Doc No. 53); WHEREAS, due to their focus on preparation of a comprehensive settlement proposal, Defendants are unable to compile the Administrative Record by August 16, 2010; WHEREAS, Defendants need an extension of at least 60 days to prepare the Administrative Record in the event the present settlement discussion are not successful; WHEREAS, all parties believe that diversion of Defendants' resources into finalization of the Administrative Record would needlessly and unduly impede their settlement discussions; WHEREAS, the parties believe that the briefing schedule should be extended so as not needlessly to divert all parties' resources into litigation rather than settlement activities;

Stipulation Extending Briefing Schedule and Continuing Hearing Date Pending Settlement Discussions

2

No. C. 09-4610 JW

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

WHEREAS, the parties agree that a 60-day extension of the production, briefing and hearing deadlines is appropriate; NOW, THEREFORE, the parties stipulate as follows: 1. Defendants shall file and serve the Administrative Record on or before October 18, 2010. 2. Plaintiffs or Intervenor-Defendants shall file any motion challenging the contents of the Administrative Record on or before November 12, 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 November 15, 2010. 4. The parties shall file oppositions to motions for summary judgment by December 6, 2010. 5. The parties shall file summary-judgment replies by December 20, 2010. 6. The hearing on the parties' cross-motions for summary judgment, presently set for November 15, 2010, at 9:00 a.m., shall be continued to January 24, 2011 at 9:00 a.m.

August 10, 2010

Respectfully Submitted, /s/ Brian Segee (by LEF, as authorized 8/9/10) 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 SETH M. BARSKY, Acting Section Chief

Stipulation Extending Briefing Schedule and Continuing Hearing Date Pending Settlement Discussions

3

No. C. 09-4610 JW

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 Extending Briefing Schedule and Continuing Hearing Date Pending Settlement Discussions
Dated: August 17, 2010

/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 8/10) 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] [e-mail] Attorneys for Intervenor-Defendants

PURSUANT TO STIPULATION, IT IS SO ORDERED.

UNITED STATES DISTRICT JUDGE

4

No. C. 09-4610 JW