Our Children's Earth Foundation v. National Marine Fisheries Service, 3:14-cv-01130-MEJ. (2014)
Court: District Court, N.D. California
Number: infdco20140724993
Visitors: 7
Filed: Jul. 15, 2014
Latest Update: Jul. 15, 2014
Summary: JOINT CASE MANAGEMENT STIPULATION AND PROPOSED ORDER SAMUEL CONTI, District Judge. On May 15, 2014, the Clerk of Court issued an order requiring the parties to file their case management statement no later than August 1, 2014, and setting the case management conference for August 8, 2014. ECF No. 22. At the parties' request, the Court subsequently issued another order directing Federal Defendants to file their responsive pleading to Plaintiffs' amended complaint and administrative record
Summary: JOINT CASE MANAGEMENT STIPULATION AND PROPOSED ORDER SAMUEL CONTI, District Judge. On May 15, 2014, the Clerk of Court issued an order requiring the parties to file their case management statement no later than August 1, 2014, and setting the case management conference for August 8, 2014. ECF No. 22. At the parties' request, the Court subsequently issued another order directing Federal Defendants to file their responsive pleading to Plaintiffs' amended complaint and administrative record ..
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JOINT CASE MANAGEMENT STIPULATION AND PROPOSED ORDER
SAMUEL CONTI, District Judge.
On May 15, 2014, the Clerk of Court issued an order requiring the parties to file their case management statement no later than August 1, 2014, and setting the case management conference for August 8, 2014. ECF No. 22. At the parties' request, the Court subsequently issued another order directing Federal Defendants to file their responsive pleading to Plaintiffs' amended complaint and administrative record for the Administrative Procedure Act ("APA") claim challenging the 2008 National Marine Fisheries Service ("NMFS") biological opinion no later than July 18, 2014. ECF No. 29.
NMFS is in the process of issuing a new biological opinion on the U.S. Army Corps of Engineers' section 404 Clean Water Act permit ("2014 biological opinion") and the parties agree that this new biological opinion will moot Plaintiffs' existing APA claim challenging the 2008 biological opinion. NMFS currently anticipates that the 2014 biological opinion will be complete by mid-August, 2014. If NMFS issues the 2014 biological opinion, Plaintiffs will voluntarily dismiss their APA claim challenging the 2008 biological opinion.
The parties have discussed this new development and believe the following stipulated schedule is the most efficient manner for the Court and parties to pursue this case. Thus, the parties stipulate and respectfully request the Court to amend the scheduling order as follows:
1. If the Federal Defendants do not issue the 2014 biological opinion by September 15, 2014, the Federal Defendants shall file their responsive pleading to Plaintiffs' amended complaint on that date;
2. The case management statement is currently due on August 1, 2014, and is rescheduled for August 29, 2014.
3. The case management conference set for August 8, 2014 is rescheduled to September 05, 2014 10:00 AM1
4. If NMFS has not issued the 2014 biological opinion by September 15, 2014, NMFS shall submit a status report to the Court explaining its progress toward issuance of the 2014 biological opinion and stating its projections as to when it will issue the 2014 biological opinion.
5. If NMFS has not issued the 2014 biological opinion by October 15, 2014, NMFS shall lodge the administrative record for the 2008 biological opinion with the Court by November 1, 2014.
Pursuant to stipulation, it is so ORDERED.
FootNotes
1. The parties respectfully request a case management conference to be rescheduled for September 5, 2014, or a date convenient for the Court.
Source: Leagle
