Filed: Aug. 27, 2014
Latest Update: Aug. 27, 2014
Summary: JOINT CASE MANAGEMENT STATEMENT AND PROPOSED SCHEDULE SAUNDRA BROWN ARMSTRONG, District Judge. In advance of the case management conference scheduled for August 27, 2014, the parties jointly submit this report on case management and proposed schedule: Procedural Posture On December 13, 2012, Plaintiffs Center for Biological Diversity, Pacific Environment, and Turtle Island Restoration Network filed the above-captioned action against Defendants Export-Import Bank of the United States and Fre
Summary: JOINT CASE MANAGEMENT STATEMENT AND PROPOSED SCHEDULE SAUNDRA BROWN ARMSTRONG, District Judge. In advance of the case management conference scheduled for August 27, 2014, the parties jointly submit this report on case management and proposed schedule: Procedural Posture On December 13, 2012, Plaintiffs Center for Biological Diversity, Pacific Environment, and Turtle Island Restoration Network filed the above-captioned action against Defendants Export-Import Bank of the United States and Fred..
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JOINT CASE MANAGEMENT STATEMENT AND PROPOSED SCHEDULE
SAUNDRA BROWN ARMSTRONG, District Judge.
In advance of the case management conference scheduled for August 27, 2014, the parties jointly submit this report on case management and proposed schedule:
Procedural Posture
On December 13, 2012, Plaintiffs Center for Biological Diversity, Pacific Environment, and Turtle Island Restoration Network filed the above-captioned action against Defendants Export-Import Bank of the United States and Fred P. Hochberg, in his official capacity as Bank Chairman and President. After the Court denied Defendants' motion to transfer venue, Plaintiffs amended their complaint on October 4, 2013. Plaintiffs allege that Bank funding for two natural gas projects violated the Endangered Species Act ("ESA"), the National Historic Preservation Act ("NHPA"), and the Administrative Procedure Act. Plaintiffs also separately allege Defendants have violated the Freedom of Information Act ("FOIA").
On November 12, 2013, Defendants filed a motion to dismiss Plaintiffs' ESA claim but did not move to dismiss the NHPA or FOIA claims. On August 12, 2014, the Court granted Defendants' motion to dismiss Plaintiffs' ESA claim and provided Plaintiffs 21 days to amend their complaint. ECF No. 62. Plaintiffs intend to amend their complaint.
Additionally, during the pendency of the motion to dismiss, the parties conferred regarding the administrative record, and Defendants filed a supplemented/amended administrative record on May 29, 2014. ECF Nos. 54; 55. On May 30, 2014, the parties submitted a Joint Proposed Schedule and Stipulation and committed to propose a summary judgment briefing schedule within 10 days of the Court's order granting or denying Defendants' motion to dismiss. See ECF No. 57. The Court approved that proposal on June 2, 2014. ECF No. 59. In light of Plaintiffs' stated intention to file an amended complaint, however, the parties are not prepared to propose a summary judgment or other schedule until the amended complaint has been filed and Defendants have reviewed the amendment and determined how to respond.
Proposed Schedule
Accordingly, the parties propose the following schedule:
September 2, 2014: Last day for Plaintiffs to file an amended complaint.
September 12, 2014: The parties shall file a joint notice and proposed schedule wherein
Defendants shall state how they intend to respond to Plaintiffs'
amended complaint and the parties shall propose an appropriate
briefing schedule for all claims.
IT IS SO ORDERED.
