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

Filing 46

EXPARTE/CONSENT MOTION for Leave to File Exhibit C to Record Document 33-2 by Robert Abbey, Minerals Management Service, Kenneth Lee Salazar, United States Department of the Interior. (Attachments: # 1 Exhibit C to Record Doc 33-2, # 2 Proposed Order)(Collins, Brian)

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; UNITED STATES DEPARTMENT OF THE INTERIOR; ROBERT "BOB" ABBEY, in his official capacity as Acting Director, Mineral Management Service; and MINERALS MANAGEMENT SERVICE, Defendants.
DEFENDANTS' EX PARTE MOTION FOR LEAVE TO FILE EXHIBIT C TO THE DECLARATION OF DAVID J. HAYES (DKT. #33-2) NOW COMES defendants, Kenneth Lee Salazar, the United States Department of the Interior, Robert Abbey, and the Mineral Management Service ("Defendants"), and move the Court for leave to file Exhibit C to the Declaration of David J. Hayes (Rec. Doc. 33-2), which was inadvertently omitted from Mr. Hayes' declaration. In support of their motion, Defendants aver that, 1. Defendants filed their opposition memorandum to plaintiffs' motion for preliminary injunction (Dkt. #33)1. Attached to Defendants' opposition memorandum was the Declaration of David J. Hayes (Rec. Doc. 33-2.) When Defendants' opposition was filed, Exhibit C to Rec. Doc. 33-2 was inadvertently omitted.
Defendants originally filed their memorandum in opposition on June 16, 2010 (Rec. Doc. #28), which motion was deemed deficient because it exceeded the 25-page limit imposed by Local Rule 7.8.1E. Upon receipt of the deficiency notice, Defendants timely re-filed their memorandum in opposition, which is docketed as Record Document 33.
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CIVIL ACTION No. 10-1663(F)(2) SECTION F JUDGE FELDMAN MAGISTRATE 2 MAGISTRATE WILKINSON

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2. Subsequent to filing the opposition memorandum, undersigned counsel for the Defendants received a telephone call from Chambers indicating that Exhibit C to Mr. Hayes' Declaration (Dkt. #33-2) had not been attached to the Declaration and requesting that it be submitted. 3. The omission of Exhibit C was inadvertent. 4. In response to the Court's request, Defendants hereby request leave of Court to file into the record Exhibit C, which is attached hereto, in order to correct the inadvertent omission and complete the record. WHEREFORE, the Defendants respectfully request that their motion for leave be granted. A proposed order is attached. Dated: June 11, 2010 IGNACIA S. MORENO Assistant Attorney General Environment and Natural Resources Division /s/ __Brian Collins___ GUILLERMO MONTERO (T.A.) BRIAN COLLINS U.S. Department of Justice Environment and Natural Resources Division Natural Resources Section PO Box 663 Washington, DC 20016 Tel: [phone] Fax: [phone] Peter Mansfield Assistant United States Attorney Eastern District of Louisiana Hale Boggs Federal Building 500 Poydras Street, Suite B-210 New Orleans, Louisiana 70130 Tel: [phone] ATTORNEYS FOR DEFENDANTS

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CERTIFICATE OF SERVICE I hereby certify that on June 18, 2010, I caused a copy of the foregoing to be served on all parties via the Court's CM/ECF system.

/s/ _Brian Collins_______ Brian Collins Attorney for Defendants

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