Sea Shepherd Legal v. Department of the Navy

Filing 16

STIPULATION AND ORDER re parties' 15 Stipulated Motion to Vacate Scheduling Order, signed by Judge Ricardo S Martinez. (SWT)

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Hon. Ricardo S. Martinez 1 2 3 4 5 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 SEA SHEPHERD LEGAL, 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Plaintiff, v. NO. 17-CV-00720 RSM STIPULATED MOTION AND ORDER VACATING SCHEDULING ORDER DEPARTMENT OF THE NAVY, an agency of the United States, Defendant. STIPULATED MOTION TO VACATE SCHEDULING ORDER Plaintiff and Defendant respectfully stipulate and request that the Court vacate the Scheduling Order (Docket No. 14) setting the Rule 26(f) Conference for July 13, 2017, the initial disclosure deadline for July 20, 2017, and the Combined Joint Status Report and Discovery Plan deadline for July 27, 2017. The Parties also respectfully stipulate and request that the Court give the Parties thirty days to file a Stipulation of Settlement and Dismissal or, in the event settlement fails, a status report. As grounds for this Motion, the Parties state as follows: 24 25 STIPULATED MOTION AND ORDER VACATING SCHEDULING ORDER SEA SHEPHERD LEGAL -1- 226 Eastlake Ave. East, No. 108 Seattle, Washington 98102 (206) 453-0012. 1 1. On June 26, 2017, the Court issued a Scheduling Order (Docket No. 14), following the 2 Parties’ stipulated motion, setting deadlines for the Rule 26(f) conference, initial disclosures, and the 3 Combined Joint Status Report and Discovery Plan. 4 5 6 7 8 9 10 2. On July 11, 2017, Defendant agreed to provide additional information that may render unnecessary any further litigation in this case. 3. Vacating the Scheduling Order (Docket No. 14) will allow Plaintiff to review this information, and will further allow the Parties to assess the possibility of filing a Stipulation of Settlement and Dismissal. In the event settlement fails, the Parties will file a status report. 11 12 13 14 15 16 17 18 19 20 4. The Parties respectfully submit that, under the circumstances, there is good cause to vacate the Scheduling Order (Docket No. 14). WHEREFORE, the Parties respectfully request that the Court (1) vacate the Scheduling Order (Docket No. 14) and all deadlines indicated therein, and (2) set August 14, 2017 as the date by which the Parties must file a Stipulation of Settlement and Dismissal or, in the alternative, a status report. SO STIPULATED. Dated this 13th day of July, 2017. 21 s/ Brett W. Sommermeyer Brett W. Sommermeyer (WA Bar No. 30003) SEA SHEPHERD LEGAL 226 Eastlake Ave. East, No. 108 Seattle, WA 98102 Phone: (541) 418-1603 Email: brett@seashepherdlegal.org 22 23 24 25 STIPULATED MOTION AND ORDER VACATING SCHEDULING ORDER SEA SHEPHERD LEGAL -2- 226 Eastlake Ave. East, No. 108 Seattle, Washington 98102 (206) 453-0012. 1 s/ Nicholas A. Fromherz Nicholas A. Fromherz (CA Bar No. 248218) Admitted Pro Hac Vice SEA SHEPHERD LEGAL 226 Eastlake Ave. East, No. 108 Seattle, WA 98102 Phone: (503) 836-5260 Email: nick@seashepherdlegal.org 2 3 4 5 6 Attorneys for Plaintiff SEA SHEPHERD LEGAL 7 8 9 SO STIPULATED. 10 11 12 Dated this 13th day of July, 2017. 13 s/ Michelle R. Lambert MICHELLE R. LAMBERT, NY # 4666657 Assistant United States Attorney United States Attorney’s Office 700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 Phone: 206-553-7970 Fax: 206-553-4067 Email: michelle.lambert@usdoj.gov 14 15 16 17 18 19 Attorney for Defendant DEPARTMENT OF THE NAVY 20 21 22 23 24 25 STIPULATED MOTION AND ORDER VACATING SCHEDULING ORDER SEA SHEPHERD LEGAL -3- 226 Eastlake Ave. East, No. 108 Seattle, Washington 98102 (206) 453-0012. ORDER 1 2 3 4 IT IS SO ORDERED. Dated this 18 day of July, 2017. 5 6 A 7 RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STIPULATED MOTION AND ORDER VACATING SCHEDULING ORDER SEA SHEPHERD LEGAL -4- 226 Eastlake Ave. East, No. 108 Seattle, Washington 98102 (206) 453-0012.

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