UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
November 5, 2008
CENTER FOR BIOLOGICAL DIVERSITY, PLAINTIFF,
MICHAEL CHERTOFF, IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE U.S. DEPARTMENT OF HOMELAND SECURITY, REAR ADMIRAL PAUL F. ZUKUNFT, IN HIS OFFICIAL CAPACITY AS COMMANDER OF U.S. COAST GUARD DISTRICT ELEVEN, AND UNITED STATES COAST GUARD, DEFENDANTS.
The opinion of the court was delivered by: Hon. Maxine Chesney United States District Judge
STIPULATION REGARDING DEFENDANTS' FIRST AMENDED ANSWER AND SCHEDULE FOR CASE MANAGEMENT CONFERENCE AND CROSS-MOTIONS FOR SUMMARY JUDGMENT
Plaintiff, the Center for Biological Diversity, and Defendants, Michael Chertoff, et al., by and through undersigned counsel, hereby stipulate to the filing of Defendants' First Amended Answer and a revised schedule for the case management conference and briefing on cross-motions for summary judgment as set forth below.
RECITALS WHEREAS, on June 18, 2008, Plaintiff filed its Complaint.
WHEREAS, on August 18, 2008, Defendants filed their Answer;
WHEREAS, on October 31, 2008, Defendants filed a Motion to File a First Amended Answer, to which Plaintiffs have now consented.
WHEREAS, on August 26, 2008, Plaintiff filed its Motion for Summary Judgment.
WHEREAS, pursuant to the Court's Order dated September 4, 2008, Defendants' Opposition to Plaintiffs' Motion for Summary Judgment is due November 10, 2008; Plaintiff's reply brief is due November 24, 2008; and oral argument is scheduled for December 12, 2008.
WHEREAS, on October 28, 2008, Defendants informed Plaintiff that Defendants intend to file a Cross-Motion for Summary Judgment.
WHEREAS, there is a Case Management Conference currently scheduled for November 21, 2008.
WHEREAS, the parties continue to discuss settlement. Further, they have yet to be contacted by the ADR office for the Early Settlement Conference in accordance with the stipulation they filed on September 3, 2008.
WHEREAS, the parties have conferred and believe that a new revised schedule for briefing on cross-motions for summary judgment would conserve resources and promote efficiency.
THEREFORE, THE PARTIES HEREBY STIPULATE AS FOLLOWS:
1. The briefing schedule in the Court's Order dated September 4, 2008, is modified as follows: * Defendants' Cross-Motion for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment shall be due on November 14, 2008, and the combined supporting memorandum shall not exceed 25 pages; * Plaintiff's combined Reply in support of Plaintiffs' Motion for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment shall be due on December 12, 2008, and shall not exceed 35 pages; * Defendants' reply brief shall be due January 9, 2009, and shall not exceed 20 pages.
2. The hearing on the parties' cross-motions for summary judgment shall be January 9 23, 2009.
3. Within seven days of the date of the Court's Order approving this Stipulation, Defendants shall file a Notice of Withdrawal of their Motion to Amend their Answer (filed on October 31, 2008), and, having received Plaintiff's written consent, may file their First Amended Answer pursuant to Fed. R. Civ. P. 15(a)(2).
4. To allow more time for settlement discussions, and to accommodate counsels' schedules, the Case Management Conference shall be held on December 12, 2008
IT IS SO ORDERED.
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