Sierra Club et al v. Clinton et al

Filing 49

ORDER continuing motion and allowing phone appearance. (counsel shall provide the direct dial number to the court clerk) (tf, COURT STAFF) (Filed on 9/22/2009) [Transferred from California Northern on 9/29/2009.]

Case3:09-cv-04086-SI Document46

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JOHN C. CRUDEN Acting Assistant Attorney General Environment & Natural Resources Division LUTHER L. HAJEK, D.C. Bar No. 467742 United States Department of Justice Environment and Natural Resources Division Natural Resources Section Ben Franklin Station, P.O. Box 663 Washington, DC 20044-0663 Tel: [phone] Fax: [phone] E-mail: [e-mail] DAVID GLAZER United States Department of Justice Environment and Natural Resources Division Natural Resources Section 301 Howard Street San Francisco, CA 94105 Tel: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendants UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION SIERRA CLUB, INC., MINNESOTA CENTER FOR ENVIRONMENTAL ADVOCACY, NATIONAL WILDLIFE FEDERATION, and INDIGENOUS ENVIRONMENTAL NETWORK, Plaintiffs, v. UNITED STATES DEPARTMENT OF STATE, HILLARY CLINTON, in her official capacity as Secretary of State, JAMES STEINBERG, in his official capacity as Deputy Secretary of State, and the UNITED STATES ARMY CORPS OF ENGINEERS, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 3:09-cv-04086-SI STIPULATION TO CONTINUE HEARING DATE ON DEFENDANTS' MOTION TO TRANSFER VENUE AND TO PERMIT COUNSEL FOR DEFENDANTS TO APPEAR TELEPHONICALLY Hearing Date: September 25, 2009 Time: 9:00 am Hon. Susan Illston U.S. District Judge

Stipulation to Continue Hearing Date on Defendants' Motion to Transfer Venue Case No. 3:09-cv-04086-SI

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It is hereby stipulated by and between the Parties, through their respective counsel, and subject to the approval of the Court, that the hearing date on Defendants' Motion to Transfer Venue (Docket No. 44) shall be continued until Monday, September 28, 2009, at 10:30 a.m. The hearing is currently scheduled for Friday, September 25, at 9:00 a.m. As explained in the attached Declaration of Luther L. Hajek, Mr. Hajek and co-counsel David Glazer are both unavailable on September 24 and 25, 2009, due to a long scheduled U.S. Department of Justice training program on those days. The undersigned counsel spoke by telephone with Sarah Burt, counsel for Plaintiffs, who indicated that Plaintiffs do not object to continuing the hearing date as long as the motion can be heard on September 28 or 29, 2009. The undersigned counsel also spoke by telephone with David Coburn, counsel for proposed Intervenor, who agreed to continue the hearing to September 28, 2009. This is the Parties' first request for an extension of the hearing on Defendants' Motion to Transfer Venue, and no other requests for extensions have been made in the case. Granting the requested extension would delay hearing of the motion by only one business day. The parties also stipulate, subject to the approval of the Court, that counsel for Defendants, Luther L. Hajek, may appear at the hearing telephonically. The undersigned counsel spoke with Ms. Burt and Mr. Coburn, and both had no objection to Mr. Hajek appearing by telephone at the hearing. Should the Court grant the request, Mr. Hajek can be reached by telephone during the hearing at [phone]. Mr. Glazer will not be able to participate in the hearing due to Yom Kippur, but an attorney from the U.S. Attorney's Office for the Northern District of California will be present in the courtroom. Counsel for Plaintiffs has reviewed the instant Stipulation and has authorized counsel for Defendants to sign on their behalf. Counsel for proposed Intervenor has reviewed the Stipulation and approves of its filing. A Proposed Order approving this Stipulation is attached. Respectfully submitted this 18th day of September, 2009. JOHN C. CRUDEN Acting Assistant Attorney General Environment & Natural Resources Division Stipulation to Continue Hearing Date on Defendants' Motion to Transfer Venue Case No. 3:09-cv-04086-SI 1

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/s/ Luther L. Hajek LUTHER L. HAJEK, D.C. Bar No. 467742 United States Department of Justice Environment and Natural Resources Division Natural Resources Section Ben Franklin Station, P.O. Box 663 Washington, DC 20044-0663 Tel: [phone] Fax: [phone] E-mail: [e-mail] DAVID GLAZER United States Department of Justice Environment and Natural Resources Division Natural Resources Section 301 Howard Street San Francisco, CA 94105 Tel: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendants

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation to Continue Hearing Date on Defendants' Motion to Transfer Venue Case No. 3:09-cv-04086-SI 2 /s/ Sarah H. Burt SARAH H. BURT (CA Bar No. 250378) J. MARTIN WAGNER (CA Bar No. 190049) Earthjustice 426 17th Street, 6th Floor Oakland, CA 94612 Tel: [phone] Fax: [phone]

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CERTIFICATE OF SERVICE I, Luther L. Hajek, hereby certify that on September 18, 2009, I electronically filed the foregoing STIPULATION TO CONTINUE HEARING DATE ON DEFENDANTS' MOTION TO TRANSFER VENUE AND TO PERMIT COUNSEL FOR DEFENDANTS TO APPEAR TELEPHONICALLY, DECLARATION OF LUTHER L. HAJEK, and PROPOSED ORDER with the Clerk of Court using the CM/ECF system, which will automatically send email notification to all attorneys of record whose e-mail addresses are listed below: [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail]

/s/ Luther L. Hajek Luther L. Hajek

Stipulation to Continue Hearing Date on Defendants' Motion to Transfer Venue Case No. 3:09-cv-04086-SI

Case3:09-cv-04086-SI Document46-1

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JOHN C. CRUDEN Acting Assistant Attorney General Environment & Natural Resources Division LUTHER L. HAJEK, D.C. Bar No. 467742 United States Department of Justice Environment and Natural Resources Division Natural Resources Section Ben Franklin Station, P.O. Box 663 Washington, DC 20044-0663 Tel: [phone] Fax: [phone] E-mail: [e-mail] DAVID GLAZER United States Department of Justice Environment and Natural Resources Division Natural Resources Section 301 Howard Street San Francisco, CA 94105 Tel: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendants UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION SIERRA CLUB, INC., MINNESOTA CENTER FOR ENVIRONMENTAL ADVOCACY, NATIONAL WILDLIFE FEDERATION, and INDIGENOUS ENVIRONMENTAL NETWORK, Plaintiffs, v. UNITED STATES DEPARTMENT OF STATE, HILLARY CLINTON, in her official capacity as Secretary of State, JAMES STEINBERG, in his official capacity as Deputy Secretary of State, and the UNITED STATES ARMY CORPS OF ENGINEERS, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 3:09-cv-04086-SI DECLARATION OF LUTHER L. HAJEK IN SUPPORT OF STIPULATION TO CONTINUE HEARING DATE ON DEFENDANTS' MOTION TO TRANSFER VENUE AND TO PERMIT COUNSEL FOR DEFENDANTS TO APPEAR TELEPHONICALLY Hearing Date: September 25, 2009 Time: 9:00 am Hon. Susan Illston U.S. District Judge

Declaration of Luther L. Hajek in Support of Stipulation to Continue Hearing Date Case No. 3:09-cv-04086-SI

Case3:09-cv-04086-SI Document46-1

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I, Luther L. Hajek, hereby declare as follows: 1. I am an attorney in good standing of the bar of the District of Columbia, and I am

employed as a trial attorney with the United States Department of Justice, Environment and Natural Resources Division, Natural Resources Section. I am the attorney of record assigned to represent the Defendants in this action. I submit this declaration in support of the parties' Stipulation to Continue Hearing Date on Defendants' Motion to Transfer Venue and to Permit Counsel for Defendants to Appear Telephonically. 2. On September 9, 2009, the Court issued an order setting a briefing schedule for

Defendants' Motion to Transfer Venue and setting a hearing for September 25, 2009. See Docket No. 35. 3. Lead counsel for Defendants, Luther L. Hajek, and co-counsel, David Glazer, are

both scheduled to attend U.S. Department of Justice training on September 24-25, 2009. The training will be attended by all members of the Environment and Natural Resources Division, Natural Resources Section, of which Mr. Hajek and Mr. Glazer are both members. The training takes place every two years and involves the Section's attorneys from around the country. The training has been scheduled for many months and the Section makes every effort to avoid case conflicts with the training. 4. On September 16, 2009, I spoke with Sarah Burt, counsel for Plaintiffs, and she

agreed to a continuance of the hearing as long as it could be held on September 28 or 29, 2009. On September 17, 2009, I spoke with David Coburn, counsel for proposed Intervenors, and he agreed to holding the hearing on September 28, 2009. Neither Ms. Burt nor Mr. Coburn objects to counsel for Defendants appearing by telephone at the hearing. Mr. Hajek's telephone number is: [phone]. 5. deadline. 6. business day. Declaration of Luther L. Hajek in Support of Stipulation to Continue Hearing Date Case No. 3:09-cv-04086-SI 1 The requested continuance would result in the hearing being delayed by one None of the parties in the case has previously sought an extension of any Court

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Executed on September 18, 2009, at Washington, DC. /s/ Luther L. Hajek LUTHER L. HAJEK

Declaration of Luther L. Hajek in Support of Stipulation to Continue Hearing Date Case No. 3:09-cv-04086-SI 2

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JOHN C. CRUDEN Acting Assistant Attorney General Environment & Natural Resources Division LUTHER L. HAJEK, D.C. Bar No. 467742 United States Department of Justice Environment and Natural Resources Division Natural Resources Section Ben Franklin Station, P.O. Box 663 Washington, DC 20044-0663 Tel: [phone] Fax: [phone] E-mail: [e-mail] DAVID GLAZER United States Department of Justice Environment and Natural Resources Division Natural Resources Section 301 Howard Street San Francisco, CA 94105 Tel: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendants UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION SIERRA CLUB, INC., MINNESOTA CENTER FOR ENVIRONMENTAL ADVOCACY, NATIONAL WILDLIFE FEDERATION, and INDIGENOUS ENVIRONMENTAL NETWORK, Plaintiffs, v. UNITED STATES DEPARTMENT OF STATE, HILLARY CLINTON, in her official capacity as Secretary of State, JAMES STEINBERG, in his official capacity as Deputy Secretary of State, and the UNITED STATES ARMY CORPS OF ENGINEERS, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 3:09-cv-04086-SI PROPOSED ORDER APPROVING STIPULATION TO CONTINUE HEARING DATE ON DEFENDANTS' MOTION TO TRANSFER VENUE AND TO PERMIT COUNSEL FOR DEFENDANTS TO APPEAR TELEPHONICALLY Hearing Date: September 25, 2009 Time: 9:00 am Hon. Susan Illston U.S. District Judge

Proposed Order Approving Stipulation to Continue Hearing Date Case No. 3:09-cv-04086-SI

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[PROPOSED] ORDER Upon consideration of the parties' Stipulation to Continue Hearing Date on Defendants' Motion to Transfer Venue and to Permit Counsel for Defendants to Appear Telephonically and finding that good cause exists for the Stipulation to be approved, it is hereby ORDERED that the Stipulation is APPROVED, and it is further ORDERED that the hearing on Defendants' Motion to Transfer Venue currently scheduled for September 25, 2009 at 9:00 a.m. is rescheduled for September 28, 2009 at 10:30 a.m., and it is further ORDERED that counsel for Defendants may appear telephonically at the hearing. IT IS SO ORDERED

The Honorable Susan Illston United States District Court Judge

Proposed Order Approving Stipulation to Continue Hearing Date Case No. 3:09-cv-04086-SI 1