Los Padres Forestwatch v. United States Forest Service et al

Filing 33

ORDER re 32 Granting Joint Stipulation for Continuance of Preliminary Injunction Hearing. Preliminary Injunction Hearing is now set for 1/20/2011 at 1:30 PM. The 12/16/2010 hearing is vacated. Signed by Judge Koh on 12/2/2010.(lhklc3, COURT STAFF) (Filed on 12/2/2010)

Los Padres Forestwatch v. United States Forest Service et al

Doc. 33

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Michael W. Graf (CA Bar # 136172) 227 Behrens Street El Cerrito CA 94530 Tel: [phone] Fax: [phone] [e-mail] Sharon E. Duggan (CA Bar # 105108) 370 Grand Avenue Suite 5 Oakland, CA 94610 Tel: [phone] Fax: [phone] [e-mail] Attorneys for Plaintiff

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Peter Whitfield (HI Bar # 08749) 601 D St. NW Washington, DC 20004 Tel: [phone] Fax: [phone] [e-mail] Attorney for Defendants IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION
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) ) ) ) ) UNITED STATES FOREST SERVICE, PEGGY ) HERNANDEZ, in her official capacity as Forest ) Supervisor for the Los Padres National Forest, ) ) Defendants. ) _______________________________________ /

LOS PADRES FORESTWATCH, a non-profit organization, Plaintiff, v.

Case No. C 10-03653 THIRD JOINT STIPULATED REQUEST TO CONTINUE PRELIMINARY INJUNCTION HEARING; [PROPOSED] ORDER Date: December 16, 2010 Time: 1:30 p.m. Courtroom 4, 5th Floor Honorable Lucy H. Koh (LHK)

Dockets.Justia.com

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Plaintiff Los Padres ForestWatch and Defendants United States Forest Service and Peggy
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Hernandez (together the "parties") hereby respectfully request this Court to grant a third continuance
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of the preliminary injunction. In support of this request the parties states the following.
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As detailed in the parties' joint statement of October 27, 2010 (Dkt. # 29), the parties have
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been engaged in good faith discussions to resolve this lawsuit through a negotiated settlement. The
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parties have made significant progress regarding the completion of a global settlement of all issues
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and believe that a continuance will allow them to reach a complete settlement, thereby resulting in
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a dismissal of this case. Since the parties' last request, the U.S. Fish and Wildlife Service issued a
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letter in response to the consultation initiated by the U.S. Forest Service. This letter was sent to
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Plaintiff on Friday, November 12, 2010. On Friday, November 19, 2010, Plaintiff sent to Defendants
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a final global settlement offer. Defendants reviewed Plaintiff's offer and submitted to Plaintiff a
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counteroffer on Monday, November 29, 2010. Plaintiff has reviewed the offer and communicated
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a response to the Forest Service on December 1, 2010.
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On account of the Thanksgiving holiday and the review of additional materials not covered
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in the U.S. Fish and Wildlife's consultation response, the settlement process has required more time
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than anticipated. For this reason, the parties respectfully request that the Court grant the parties an
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additional 30 day extension. Based on the offers that have been exchanged, the parties believe that
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a global settlement can be reached within the next 30 days. During this time, the parties agree to the
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terms and conditions contained in the Court's Order of October 27, 2010.
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Dated: December 1, 2010
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thirdrequestforextension.wpd

/s/ Michael W. Graf Michael W. Graf Attorneys for Plaintiff /s/Peter C. Whitfield Peter C. Whitfield, United States Department of Justice Attorneys for Defendants

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Third Joint Stipulated Request to Continue Preliminary Injunction Hearing; [Proposed] Order; Case No. C 10-03653.

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PURSUANT TO STIPULATION, IT IS SO ORDERED:
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The Court, having reviewed the Joint Stipulated Request to Continue Preliminary Injunction
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Hearing, hereby continues the hearing currently set for December 16, 2010 at 1:30 p.m. to January
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1:3 p.m. 20, ___, 2011 at ___0_.m.
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Defendants' brief in response to Plaintiff's motion shall be due ten (10) days before the
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hearing date and Plaintiff's reply in support of its motion shall be due five days before the hearing
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date. If a final settlement is reached, the parties shall file a stipulation of dismissal and request to
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vacate the hearing as soon as practicable, but no later than Monday, January 10, 2011.
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December 2, 2010 Dated: __________________

_______________________ Honorable Lucy H. Koh (LHK) United States District Judge

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Third Joint Stipulated Request to Continue Preliminary Injunction Hearing; [Proposed] Order; Case No. C 10-03653.