Center for Biological Diversity et al v. U.S. Fish and Wildlife Service et al

Filing 11

ORDER GRANTING 10 Stipulation to Transfer Venue. Signed by Judge Jeffrey S. White on 3/6/09. (jjo, COURT STAFF) (Filed on 3/6/2009) [Transferred from California Northern on 3/9/2009.]

Case 3:09-cv-00170-JSW

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JOHN C. CRUDEN, Acting Assistant Attorney General JEAN E. WILLIAMS, Section Chief LISA LYNNE RUSSELL, Assistant Section Chief ETHAN CARSON EDDY, Trial Attorney (Cal. Bar No. 234217) U.S. Department of JusticeEnvironment & 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 Defendants Lisa T. Belenky (CA Bar No. 203225) Justin Augustine (CA Bar No. 235561) CENTER FOR BIOLOGICAL DIVERSITY 351 California Street, Suite 600 San Francisco, CA 94104 Telephone: [phone] x 307 Facsimile: [phone] [e-mail] [e-mail] Attorneys for Plaintiffs IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) )

CENTER FOR BIOLOGICAL DIVERSITY, et al., v. Plaintiffs,

No. C 09-0170 JSW STIPULATED MOTION TO TRANSFER VENUE PURSUANT TO 28 U.S.C. § 1404(a)

U.S. FISH AND WILDLIFE SERVICE, et al., Defendants.

Subject to the Court's approval, the parties hereby respectfully move and submit the following stipulation pursuant to Civ. L.R. 7-12:

Case 3:09-cv-00170-JSW 1.

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Plaintiffs filed this Endangered Species Act ("ESA") lawsuit on January 14, 2009 and

perfected service of process upon the United States Attorney for the Northern District of California on January 22, 2009. 2. This matter is a challenge to a final rule designating revised critical habitat for the

Peirson's milk-vetch, a plant listed as "threatened" under the ESA. See Revised Designation of Critical Habitat for Astragalus magdalenae var. peirsonii (Peirson's milk-vetch), 73 Fed. Reg. 8,748 (Feb. 14, 2008) ("Final Rule"). 3. On December 10, 2008, another challenge to the same Final Rule was filed against

Defendants in the United States District Court for the Southern District of California. See Maddalena v. U.S. Fish and Wildlife Serv., Civ. No. 08-2292 (S.D. Cal., filed Dec. 10, 2008) (Ex. A to Defs.' Mot. To Transfer (Docket Entry #7)). 4. On February 3, 2009, Defendants moved this court to transfer this action to the

Southern District of California. See Defs.' Mot. To Transfer (Docket Entry #7). 5. On February 11, 2009, Defendants withdrew that motion, to facilitate the filing of

this joint stipulated transfer motion. See Defs.' Notice of Withdrawal (Docket Entry #9). 6. The parties agree that venue for this action is proper in the Southern District of

California and that this action might have been brought there. See 28 U.S.C. § 1391(e)(2). 7. The parties agree that transfer to the Southern District of California is in the interest

of justice, would promote efficiency for the parties and the Courts, and would avoid potentially conflicting rulings. See 28 U.S.C. § 1404. 8. In the event that this Court does not grant this stipulated motion to transfer this case

to the United States District Court for the Southern District of California, defendants will re-file their Motion to Transfer Venue (Docket Entry #7). WHEREFORE, the parties pray that this Court grant the Stipulated Motion to Transfer, and thereby transfer this matter to the United States District Court for the Southern District of California.

Stipulated Motion to Transfer Venue

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Case 3:09-cv-00170-JSW Dated: March 4, 2009

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Respectfully Submitted, JOHN C. CRUDEN, Acting Assistant Attorney General JEAN E. WILLIAMS, Section Chief LISA LYNNE RUSSELL, Assistant Section Chief /s/ Ethan Carson Eddy ETHAN CARSON EDDY, Trial Attorney (Cal. Bar No. 237214) 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 Defendants /s/ Lisa T. Belenky Lisa T. Belenky (CA Bar No. 203225) Justin Augustine (CA Bar No. 235561) CENTER FOR BIOLOGICAL DIVERSITY 351 California Street, Suite 600 San Francisco, CA 94104 Telephone: [phone] x 307 Facsimile: [phone] [e-mail] [e-mail] Attorneys for Plaintiffs

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Case 3:09-cv-00170-JSW

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It is therefore ORDERED that the parties' stipulated motion to transfer venue shall be GRANTED. It is further ORDERED that this matter shall be transferred to the Southern District of California.

PURSUANT TO STIPULATION, IT IS SO ORDERED this 5th

day of

March

, 2009.

HON. JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

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