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

Filing 63

STIPULATION AND ORDER Granting Stay of Proceedings for Ten Days re 62 Stipulation. All proceedings in this case are stayed for 10 days. The parties shall file a proposal for further proceedings, if any, on 10/25/2010. The present summary-judgment briefing and hearing schedule shall remain in effect. Signed by Judge James Ware on 10/20/2010. (ecg, COURT STAFF) (Filed on 10/20/2010)

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The Otter Project; Environmental Defense Center v. Salazar et al Doc. 63 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 Staying Proceedings 1 No. C. 09-4610 JW ) ) 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 STAYING PROCEEDINGS FOR TEN DAYS Dockets.Justia.com 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 August 17, 2010, the Court approved the parties' stipulation (Doc. No. 49), setting the parties' cross-motions for summary judgment for hearing on January 24, 2011, establishing December 20, 2010, as the date for completion of summary judgment briefing, and establishing October 18, 2010 as the date for production of the Administrative Record. WHEREAS, the parties have engaged in settlement discussions that have proven productive, and have reached tentative agreement at the staff level on a written agreement to settle the merits this litigation; WHEREAS, the parties need additional time to discuss provisions relating to attorneys' fees, and Federal Defendants would need additional time to gain approval from supervisory officials at the Departments of Justice and the Interior; WHEREAS, the parties wish to continue the settlement discussions and to concentrate their resources on settling, rather than litigating, this matter; 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; WHEREAS, the parties agree that a 10-day stay of this case is appropriate; NOW, THEREFORE, the parties stipulate as follows: 1. All proceedings in this case are stayed for 10 days. 2. The parties shall file a proposal for further proceedings, if any, on October 25, 2010. 3. The present summary-judgment briefing and hearing schedule shall remain in effect. October 15, 2010 Respectfully Submitted, /s/ Brian Segee (by LEF, as authorized 10/15/10) Linda J. Krop (Cal. Bar. No. 118773) Brian Segee (Cal. Bar No. 200795) Stipulation Staying Proceedings 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 Environmental Defense Center 906 Garden Street Santa Barbara, CA 93101 Tel: (805) 963-1622 Fax: (805) 962-3152 email: bsegee@edcnet.org, lkop@edcnet.org Attorneys for Plaintiffs IGNACIA S. MORENO, Asst. Attorney General SETH M. BARSKY, Acting 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: (202) 305-0217 Fax: (202) 305-0275 Email: lawson.fite@usdoj.gov Attorneys for Federal Defendants /s/ George J. Mannina, Jr. (by LEF, as authorized 10/15/10) 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 (202) 887-1400 Fax: (202) 466-3215 gmannina@nossaman.com Attorneys for Intervenor-Defendants PURSUANT TO THE STIPUATION, IT IS SO ORDERED. Stipulation Staying Proceedings 3 No. C. 09-4610 JW Dated: October 20, 2010 _________________________________________ United States District Judge

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