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Center for Biological Diversity v. United States Fish and Wildlife Service, 3:15-cv-05754-JST. (2016)

Court: District Court, N.D. California Number: infdco20160916h22
Filed: Sep. 14, 2016
Latest Update: Sep. 14, 2016
Summary: STIPULATION AND [PROPOSED] ORDER ADJUSTING BRIEFING SCHEDULE JON S. TIGAR , District Judge . Pursuant to Civil Local Rules 6-2 and 7-12, the Center for Biological Diversity, et al. ("Plaintiffs") the United States Fish and Wildlife Service, et al. ("Defendants") and, Siskiyou County, et al., ("Defendant Intervenors") hereby stipulate to and jointly request an order extending the deadlines in the above captioned case, as previously set by this Court's March 23, 2016 Order (ECF No
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STIPULATION AND [PROPOSED] ORDER ADJUSTING BRIEFING SCHEDULE

Pursuant to Civil Local Rules 6-2 and 7-12, the Center for Biological Diversity, et al. ("Plaintiffs") the United States Fish and Wildlife Service, et al. ("Defendants") and, Siskiyou County, et al., ("Defendant Intervenors") hereby stipulate to and jointly request an order extending the deadlines in the above captioned case, as previously set by this Court's March 23, 2016 Order (ECF No. 48). The parties request that this Court modify the existing scheduling order and modify the case deadlines as follows:

Deadline Current date New date Defendants' combined September 28, 2016 October 17, 2016 opposition and cross-motion for summary judgment. Defendant-intervenors' September 28, 2016 October 17, 2016 combined opposition and cross-motion for summary judgment. Plaintiffs' combined November 16, 2016 December 5, 2016 opposition/reply. Defendants' reply. December 21, 2016 December 23, 2016 Defendant-intervenors' reply. December 21, 2016 December 23, 2016 Hearing on the parties' January 26, 2017, at 2:00 January 26, 2017, at 2:00 motions for summary p.m. p.m. judgment. (no change)

In support of this Stipulation the parties state as follows:

1. Undersigned counsel for federal defendants has been unexpectedly required to present oral argument in two other matters on August 30 and September 29, 2016. 2. Defendant-intervenors' undersigned lead counsel is also lead counsel for proposed intervenors in a matter recently filed in the Eastern District of Washington, where a motion for preliminary injunction was unexpectedly filed September 6, 2016 and has been set for hearing October 3, 2016. Additionally, while the previous briefing schedule accommodated expected paternity leave for defendant-intervenors' counsel, that paternity leave unexpectedly extended a week later than previously anticipated. 3. The above obligations interfere with defendants' and intervenors' counsels' preparation of their opening briefs in this matter, and a brief extension of the opening brief deadline, from September 28 to October 17, would ensure there is sufficient time for counsel to prepare the briefing. 4. Additionally, the parties have agreed to extend plaintiffs' reply deadline in order to accommodate the extension to defendants' and defendant-intervenors' briefing, and to extend the deadline for defendants' and defendant-intervenors' replies by two days. 5. If approved, this Stipulation would have no effect on the hearing presently scheduled for January 26, 2017, at 2:00 p.m. 6. The parties have jointly requested one previous continuance of the briefing schedule, which the Court granted in its Order of June 1, 2016 (ECF No. 51).

Accordingly, the parties request the Court approve this Stipulation, and enter the proposed changes to the briefing and hearing schedule.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Source:  Leagle

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