Klamath Riverkeeper v. National Marine Fisheries Service et al

Northern District of California, cand-4:2015-cv-02670

ORDER GRANTING {{11}} STIPULATION WITH PROPOSED ORDER Extending Time to Answer or Respond to Complaint and to Continue Rule 26(f) Conference. Joint Case Management Statement due by 11/6/2015. Initial Case Management Conference set for 11/13/2015 11:00 AM in Courtroom 5, 2nd Floor, Oakland. Signed by Judge Jeffrey S. White on 8/24/15. Modified on 8/25/2015

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1 MELINDA HAAG (CABN 132612) United States Attorney 2 ALEX G. TSE (CABN 152348) Chief, Civil Division 3 SABITA J. SONEJI (DCBN 974062) Assistant United States Attorney 4 450 Golden Gate Avenue, Box 36055 5 San Francisco, California 94102-3495 Telephone: (415) 436-7298 6 FAX: (415) 436-6748 sabita.soneji@usdoj.gov 7 Attorneys for Federal Defendants 8 CHRISTOPHER SPROUL (SBN 126398) 9 PAGE PERRY (SBN 246266) Environmental Advocates 10 5135 Anza Street San Francisco, CA 11 Telephone: (415) 269-0066 Page.perry@gmail.com 12 Attorneys for Plaintiff 13 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 OAKLAND DIVISION 17 KLAMATH RIVERKEEPER,) CASE NO. 15-02670 JSW 18) Plaintiff,) JOINT STIPULATION EXTENDING TIME TO 19) ANSWER OR RESPOND TO COMPLAINT AND v.) TO CONTINUE RULE 26(f) CONFERENCE [AND 20) PROPOSED ORDER] NATIONAL MARINE FISHERIES SERVICE,) AND SETTING CASE MANAGEMENT CONFERENCE 21 et al.,) ON NOVEMBER 13, 2015) 22 Defendants.)) 23 24 25 26 27 28 JOINT STIPULATION EXTENDING TIME 15-02670 JSW 1 JOINT STIPULATION 2 WHEREAS, the above-named Federal Defendants ("Defendants") were served with the 3 underlying Complaint filed by Plaintiff Ecological Rights Foundation ("Plaintiff") on June 20, 2015; 4 WHEREAS, on July 21, 2015, Plaintiff and Defendants (the "Parties") filed a Stipulation 5 agreeing to an extension permitting Defendants to file an answer or other response to the Complaint on 6 or before August 24, 2015; 7 WHEREAS, Defendants produced a large volume of documents on July 31, 2015 and August 10, 8 2015 in response to Plaintiff's April 29 and follow-up May 25, 2015 FOIA requests; 9 WHEREAS, Plaintiff is now in the process of reviewing those documents and needs additional 10 time to confirm details that will allow it to better conduct a conference of the parties as required under 11 Rule 26(f) such as: assessing whether the production is complete; whether any documents were 12 improperly withheld; whether Defendants performed adequate searches; and whether Defendants set 13 proper cut off dates for searches; 14 WHEREAS, after such time, the Parties will be better prepared to assess what position they 15 should take on settlement; whether they should stipulate or otherwise agree to narrow the issues in the 16 matter; and whether there are any other issues ripe for the Court's review in this matter; 17 WHEREAS, this Court has set a Rule 26(f) Scheduling Conference for September 11, 2015 at 18 11:00 a.m.; 19 WHEREAS, the Scheduling Conference triggers the Parties' duty to hold a Rule 26 Conference 20 of Counsel, exchange Initial Disclosures, and develop a plan for proceeding in this matter by August 21, 21 2015, and submit a Rule 26(f) Report by September 4, 2015; 22 WHEREAS, in light of the above-stated reasons, the Parties request a 60-day continuance of the 23 Rule 26(f) Scheduling Conference set for September 11, 2015, and the foregoing related dates, in a 24 further effort to preserve the resources of the Parties and the Court – no prior extensions have been 25 sought by either party with respect to these dates; 26 IT IS HEREBY STIPULATED by and between the Parties, through their undersigned counsel of 27 record, and subject to the Court's approval, that: 28 1. Defendants will file an answer or other response to the Complaint on or before October JOINT STIPULATION EXTENDING TIME 15-02670 JSW 1 5, 2015; 2 2. The Rule 26(f) Scheduling Conference is continued by 60 days to November 11, 2015 at 3 11:00 a.m., or at a date convenient to the Court thereafter. 4 a. The Parties shall hold a Rule 26 Conference of Counsel and exchange Initial 5 Disclosures on or before October 21, 2015; and 6 b. The Parties shall file the Joint Scheduling Report on or before November 4, 2015. 7 3. All other deadlines not specifically referenced herein, and all other terms of the Court's 8 Order setting the Rule 26(f) Scheduling Conference, remain unchanged. 9 10 IT IS SO STIPULATED. 11 12 DATED: August 21, 2015 By: /s/ Page Perry ___________ PAGE PERRY 13 Attorney for Plaintiff 14 By: MELINDA HAAG 15 United States Attorney 16 /s/ Sabita J. Soneji _____ SABITA J. SONEJI 17 Assistant United States Attorney Attorneys for Federal Defendants 18 19 20 21 PURSUANT TO STIPULATION, IT IS SO ORDERED: IT IS HEREBY ORDERED that the parties shall appear for a case management conference on Friday, 22 November 13, 2015, at 11:00 a.m., and their joint case management statement shall be due on November 6, 23 2015. The Court notes that the parties' proposed date is a Wednesday, and the Court conducts case management conferences on Fridays. 24 DATED: HONORABLE JEFFREY S. WHITE 25 August 24, 2015 UNITED STATES DISTRICT JUDGE 26 27 28 JOINT STIPULATION EXTENDING TIME 15-02670 JSW 1 CERTIFICATION 2 Pursuant to Civil L.R. 5-1(i)(3), the undersigned hereby attests that Page Perry has concurred in 3 the filing of this document. 4 Dated: August 21, 2015 MELINDA HAAG 5 United States Attorney 6 /s/ Sabita J. Soneji_____ 7 SABITA J. SONEJI Assistant United States Attorney 8 Attorney for Federal Defendants 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION EXTENDING TIME 15-02670 JSW