Hornbeck Offshore Services, L.L.C. v. Salazar et al

Filing 38

EXPARTE/CONSENT MOTION to Expedite by Center for Biological Diversity, Defenders of Wildlife, Florida Wildlife Federation, Natural Resources Defense Council, Sierra Club. Motion(s) referred to Joseph C. Wilkinson, Jr. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Suttles, John) Modified on 6/18/2010 (gec, ).

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA HORNBECK OFFSHORE SERVICES, LLC, ) ) Plaintiff, ) ) v. ) ) KENNETH LEE "KEN" SALAZAR, in his ) official capacity as Secretary, United ) States Department of the Interior; ) ROBERT "BOB" ABBEY, in his official ) capacity as Acting Director, Mineral ) Management Service; and MINERALS ) MANAGEMENT SERVICE, ) ) Defendants. ) __________________________________________)

CIVIL ACTION NO. No. 10-1663(F)(2) SECTION F JUDGE FELDMAN MAGISTRATE 2 MAGISTRATE WILKINSON

MOTION FOR EXPEDITED HEARING ON MOTION TO INTERVENE NOW INTO COURT, through undersigned counsel, come Defendant-Intervenors Defenders of Wildlife, Sierra Club, Florida Wildlife Federation, Center for Biological Diversity, and Natural Resources Defense Council (collectively, "Applicants"), which respectfully move this Court for an expedited hearing on their Motion to Intervene in the suit brought by Plaintiff Hornbeck Offshore Services and others against Defendants Kenneth Lee "Ken" Salazar, Secretary of United States Department of the Interior ("DOI"), the DOI, Robert "Bob" Abbey, Acting Director of the Minerals Management Service ("MMS"), and the MMS

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(collectively, "Defendants"). As discussed more fully in the accompanying memorandum in support, Applicants submit that good cause exists for an expedited hearing because this case could well be resolved at the preliminary injunction stage, hearing for which is set for Monday, June 21, 2010 at 9:30 a.m. If the court rules on that preliminary injunction without ruling on Applicants' intervention, Applicants will be unable to offer any arguments to protect their interests, and as a result their legally protected interests may be impaired. WHEREFORE, Applicants respectfully request that this Court grant their Motion for Expedited Hearing on their Motion to Intervene and that the hearing be set on or before the Court's scheduled hearing on Plaintiffs' Motion for a Preliminary Injunction, currently set for Monday, June 21, 2010 at 9:30 a.m.. Respectfully submitted, this 18th day of June, 2010.

/s/ John Suttles John Suttles Louisiana Bar No. 19168 Counsel for Defendant-Intervenor Defenders of Wildlife SOUTHERN ENVIRONMENTAL LAW CENTER 200 West Franklin Street, Suite 330 Chapel Hill, North Carolina 27516 Telephone: [phone] Facsimile: [phone] [e-mail]

/s Adam Babich Adam Babich Louisiana Bar No. 27177 Counsel for Sierra Club TULANE ENVT'L LAW CLINIC 6329 Freret St. New Orleans, LA 70118 Telephone: [phone] Facsimile: [phone] [e-mail]

Catherine M. Wannamaker, application for admission forthcoming Counsel for Defendant-Intervenor Defenders of Wildlife SOUTHERN ENVIRONMENTAL LAW CENTER 127 Peachtree Street, Suite 605 Atlanta, Georgia 30303 Telephone: [phone] Fax: [phone] s/_Alisa A Coe____ Alisa A. Coe /s Mitchell Bernard Mitchell Bernard

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La. Bar No. 27999 David G. Guest Fla. Bar No. 0267228 Pro Hac Vice Pending Monica K. Reimer Fla. Bar No. 0090069 Pro Hac Vice Pending Earthjustice P.O. Box 1329 Tallahassee, FL 32302-1329 Phone: [phone] Fax: [phone]

NY Bar No. 1684307 Pro Hac Vice application forthcoming Natural Resources Defense Counsel 40 West 20th Street New York, NY 10011 Phone: [phone] Fax: [phone] David Pettit CA Bar No. 67128 Pro Hac Vice application forthcoming 1314 Second Street Santa Monica, CA 90401 Phone: [phone] Fax: [phone] COUNSEL FOR NATURAL RESOURCES DEFENSE COUNCIL, INC.

COUNSEL FOR SIERRA CLUB and FLORIDA WILDLIFE FEDERATION

/s Miyoko Sakashita Andrea A. Treece CA Bar No. 237639 Miyoko Sakashita CA Bar No. 239639 Pro Hac Vice applications forthcoming 351 California Street, Suite 600 San Francisco, CA 94104 Phone: [phone] COUNSEL FOR CENTER FOR BIOLOGICAL DIVERSITY

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CERTIFICATE OF SERVICE I hereby certify that on June 18, 2010, I electronically filed the foregoing with the Clerk of court by using the CM/ECF system, which will send a notice of electronic filing to the following: Carl David Rosenblum Alida C. Hainkel Grady S. Hurley Guillermo A. Montero Brian M. Collins Sharon Denise Smith [e-mail] [e-mail]; [e-mail] [e-mail]; [e-mail] [e-mail]; [e-mail]; [e-mail] [e-mail]; [e-mail] [e-mail]; [e-mail]; [e-mail]

I further certify that I mailed the foregoing document and the notice of electronic filing by first-class mail to the following non-CM/ECF participants: John F. Cooney Venable, LLP 575 7th St., NW Washington, DC 20004 Marjoria Ann McKeithen Jones Walker Place St. Charles 201 St. Charles Ave., Suite 5100 New Orleans, LA 70170-5100 /s/ John Suttles John Suttles Louisiana Bar No. 19168 SOUTHERN ENVIRONMENTAL LAW CENTER Attorney for Defendant-Intervenor Defenders of Wildlife 200 West Franklin Street, Suite 330 Chapel Hill, North Carolina 27516 Telephone: [phone] Facsimile: [phone] [e-mail]

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