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Arc Ecology v. United States Maritime Administration

September 4, 2008

ARC ECOLOGY, ET AL., PLAINTIFFS,
v.
UNITED STATES MARITIME ADMINISTRATION, ET AL., DEFENDANTS.



JOINT STIPULATION AND [PROPOSED] ORDER REGARDING DISCOVERY AND CASE MANAGEMENT DEADLINES

The parties to the above-captioned case stipulate to and respectfully propose the following modifications to this Court's January 29, 2008 Status (Pretrial Scheduling) Order (Doc. No. 19):

WHEREAS, Plaintiffs filed their Complaint on October 29, 2007, alleging claims, inter alia, under the Resource Conservation and Recovery Act, 42 U.S.C. § 6972;*fn1

WHEREAS, on December 6, 2007, Plaintiffs filed their First Amended Complaint, adding claims under the Clean Water Act, 33 U.S.C. § 1365, following the ripening of their sixty-day notice of intention to sue;

WHEREAS, on January 29, 2008, this Court entered a Status (Pretrial Scheduling) Order that provided for: expert disclosures on October 10, 2008; rebuttal expert disclosures on November 18, 2008; completion of discovery by February 13, 2009; hearing of motions by April 20, 2009; a pretrial conference on June 29, 2009; and trial beginning September 29, 2009;

WHEREAS, on February 19, 2008, the Parties exchanged initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1);

WHEREAS, on March 17, 2008, Plaintiffs served their First Set of Requests for Production of Documents (the "RFPs") and First Set of Requests for Admission;

WHEREAS, on April 1, 2008, Defendants requested a sixty-day extension of time to respond to Plaintiffs RFPs on grounds including that responsive documents might be located on more than 200 separate vessels, each of which Defendants contended they would have to search, as well as the departure from federal employment of Defendant's lead trial counsel, and Defendants indicated their view that Plaintiffs' RFPs encompassed many areas outside the proper scope of discovery in the present litigation;

WHEREAS, on April 7, 2008, Plaintiffs consented to a 60-day extension for response to the RFPs, thereby extending the response date to June 16, 2008;

WHEREAS, on June 18 and 19, 2008, Defendants allowed Plaintiffs to inspect and copy documents located onboard each non-retention vessel in the Suisun Bay Reserve Fleet;

WHEREAS, on May 1, 2008, Defendants produced documents to Plaintiffs bearing BATES MAR 640 0001 to 0135;

WHEREAS, on June 30, 2008, Defendants produced one compact disc to Plaintiffs bearing BATES MARAD00005 to 025920;

WHEREAS, on July 21, 2008, Defendants produced two compact discs and one DVD to Plaintiffs bearing BATES MARAD030760 to 037702;

WHEREAS, although Defendants have produced and are continuing to produce numerous documents in response to Plaintiffs' RFPs, Defendants still have not completed their production;

WHEREAS, on July 24, 2008, Defendants confirmed that they could complete their document production in response to ...


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