STIPULATION AND SCHEDULING ORDER

LAWRENCE J. O'NEILL, District Judge.

RECITALS

WHEREAS, on March 20, 2018, the parties filed a Stipulation and (Proposed) Scheduling Order (ECF No. 1193), which the Court adopted on March 22, 2018 (Dkt. 1194);

WHEREAS, the March 22, 2018 scheduling order sets the deadline for Plaintiffs' combined summary judgment opposition and reply on May 29, 2018 (Dkt. 1194);

WHEREAS, Plaintiffs' counsel have represented that they have several unexpected emergency filings this week, including a response to an emergency writ in the California Supreme Court, which have made filing their combined opposition and reply next Tuesday, May 29, 2018, extremely difficult;

WHEREAS, the parties agree to a 10-day extension of Plaintiffs' response deadline, along with conforming extensions of Defendants' reply deadline and the summary judgment hearing;

WHEREAS, the extensions do not change the remaining discovery and trial dates set in the March 22, 2018 scheduling order (Dkt. 1194);

WHEREAS, the revised schedule continues to take into account the Court's estimate that it will optimistically require 12 weeks to rule on the parties' cross-motions for summary judgment (Dkt. 1139), and to maintain the parties' previously requested 5-month interval between the ruling on summary judgment motions and trial (Dkt. 1142);

WHEREAS, Federal Defendants and Defendant SRS Contractors agree to the revised schedule on the condition that any deposition of National Marine Fisheries Service employees Maria Rea or Dr. Eric Danner (see Dkt. 1239) will occur after summary judgment briefing concludes;

WHEREAS, Defendants SRS Contractors agree to the revised schedule on the condition that any future modifications to the schedule will be based on a 30-day interval between the ruling on summary judgment motions and expert disclosures (Dkt. 1136), and 5 months between the ruling on summary judgment motions and trial;

STIPULATION

NOW THEREFORE, counsel for Plaintiffs and Defendants hereby stipulate to the following summary judgment briefing schedule:

ORDER

Pursuant to the Parties' Stipulation, the Court hereby ORDERS that the following summary judgment briefing schedule is established.

IT IS SO ORDERED.