STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE STATEMENT AND ORDER

RICHARD G. SEEBORG, District Judge.

Plaintiff San Francisco Bay Conservation and Development Commission ("Commission"), Plaintiff-Intervenor San Francisco Baykeeper ("Baykeeper"), and Defendants United States Army Corps of Engineers, Lieutenant General Todd T. Semonite, Lieutenant Colonel John C. Morrow, and Douglas J. LaMont (hereafter "Federal Defendants"), by and through their counsel of record, hereby submit the following stipulation to continue the case management conference:

WHEREAS, this Court granted the motion to intervene of San Francisco Baykeeper as a plaintiff-intervenor on April 25, 2017;

WHEREAS, Federal Defendants circulated to the Commission, who in turn circulated to Baykeeper, a draft index to the administrative record on April 28, 2017;

WHEREAS, on May 15, 2017, the Commission and Baykeeper sent to Federal Defendants a detailed list of general and specific questions concerning the scope and content of the draft index to the administrative record;

WHEREAS, the Commission has informed the parties that it intends to move to file a supplemental complaint pursuant to Federal Rule of Civil Procedure Rule 15(d), and Federal Defendants have agreed to consider stipulating to allow the Commission to file a supplemental complaint, which will affect the scope and content of the administrative record;

WHEREAS, the parties have begun the process of discussing the scope and content of the administrative record, the Commission's proposed filing of a supplemental complaint and other matters and have scheduled a further, more substantive discussion on the administrative record on June 5, 2017;

WHEREAS, in light of the foregoing, the parties have collectively determined that the best course of action at this stage is to stipulate to continue the case management conference for several weeks to allow the parties sufficient time to determine whether they will be able to reach an agreement on the scope and content of the administrative record, or whether plaintiff and plaintiff-intervenor will need to file a motion to supplement the administrative record, and for Federal Defendants to determine whether they will agree to stipulate to the filing of the Commission's supplemental complaint or whether the Commission will need to file a motion to supplement the complaint.

NOW THEREFORE, IN LIGHT OF THE FOREGOING RECITALS, THE PARTIES HEREBY STIPULATE AS FOLLOWS:

That the case management conference currently scheduled for May 25, 2017 at 10:00 am in this Court be continued to June 29, 2017 at 10:00 am, or such other later date as may be convenient for the Court, to allow the parties to continue to meet and confer regarding the scope and content of the administrative record, the filing of a supplemental complaint and other issues concerning this litigation, to ensure that the further case management conference is maximally productive with respect to the issues to be decided at this stage of the litigation.

ORDER CONTINUING CASE MANAGEMENT CONFERENCE

Pursuant to the foregoing stipulation of the parties, the case management conference is hereby continued to June 29, 2017 at 10:00 am in Courtroom 3. The parties' joint case management statement is due on or before June 22, 2017.

IT IS SO ORDERED.