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

Filing 65

STIPULATION AND ORDER AS MODIFIED BY THE COURT Staying Proceedings Through November 24, 2010 re 64 Stipulation. Proposal due 11/22/2010. Signed by Judge James Ware on 10/26/2010. (ecg, COURT STAFF) (Filed on 10/26/2010)

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

Doc. 65

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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10/26/2010

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

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

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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, on October 20, 2010, the Court approved the parties stipulation (Doc. No. 63), staying the matter for ten days, up to and including October 25, 2010; WHEREAS, the parties have engaged in settlement discussions that have proven productive, and have reached tentative agreement at the staff level to settle all claims in this litigation, including attorneys' fees; WHEREAS, the parties need additional time to finalize the terms of a written settlement agreement, and Federal Defendants 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 and hearing 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 30-day stay of this case is appropriate; NOW, THEREFORE, the parties stipulate as follows: 1. All proceedings in this case are stayed for 30 days. 2. The parties shall file a proposal for further proceedings, if any, on or before November 22, 2010. 24, October 22, 2010 Respectfully Submitted,

Stipulation Staying Proceedings

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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 Staying Proceedings

/s/ Brian Segee (by LEF, as authorized 10/22/10) 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

/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 10/22/10) 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] 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 Staying Proceedings 4 No. C. 09-4610 JW Dated: October 26, 2010 UNITED STATES DISTRICT JUDGE PURSUANT TO STIPULATION, IT IS SO ORDERED. Attorneys for Intervenor-Defendants