Wildearth Guardians v. Secretary of Commerce

Filing 26

ORDER granting Defendant's Unopposed Motion for an Extension of Time to Lodge the Administrative Record 25 . See Order for details. Signed by Judge Virginia M. Hernandez Covington on 7/2/2013. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
WILDEARTH GUARDIANS,
Plaintiff,
v.
Case No. 8:13-cv-523-T-33EAJ
SECRETARY OF COMMERCE,
Defendant.
________________________________/
ORDER
This matter comes before the Court pursuant to Defendant’s
Unopposed

Motion

for

an

Extension

of

Time

to

Lodge

the

Administrative Record (Doc. # 25), filed on July 1, 2013.

For

the reasons that follow, the Court grants the Motion.
Discussion
In this action, Plaintiff Wildearth Guardians challenges
the Secretary of Commerce’s decision not to list the Caribbean
Electric Ray as a threatened or endangered species under the
Endangered Species Act, 16 U.S.C. § 1531-1544. (Doc. # 1).
On May 24, 2013, this Court entered an Order establishing
the deadline for the Secretary to lodge the Administrative
Record and for the parties to file briefs. (Doc. # 24).

At this

juncture, the Secretary explains that it requires an additional
30 days to lodge the administrative record.

The Court grants

the extension and adjusts the deadlines in this case as follows:

August 8, 2013:

Defendant lodges and serves the AR;

October 7, 2013:

Plaintiff files its motion to supplement or
complete the AR, if any, or, alternatively,
its motion for summary judgment (limited to
25 pages); if Plaintiff files a motion to
supplement or complete the AR, the parties’
briefing schedule shall be suspended, and
Plaintiff’s motion for summary judgment will
become due 30 days after the Court rules on
Plaintiff’s motion to supplement or complete
the AR;

November 6, 2013:

Defendant files its combined response to
Plaintiff’s motion for summary judgment and
brief in support of its cross-motion for
summary judgment (limited to 25 pages);

December 6, 2013:

Plaintiff

files

its combined brief in

response to Defendant’s cross-motion for
summary judgment and reply in support of its
motion for summary judgment (limited to 10
pages);
January 6, 2013:

Defendant files its reply brief in support
of its cross-motion for summary judgment
(limited to 10 pages).

Accordingly, it is
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ORDERED, ADJUDGED, and DECREED:
Defendant’s Unopposed Motion for an Extension of Time to
Lodge the Administrative Record (Doc. # 25) is GRANTED as set
forth above.
DONE and ORDERED in Chambers, in Tampa, Florida, this 2nd
day of July, 2013.

Copies: All Counsel and Parties of Record

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