The opinion of the court was delivered by: Judge: Garland E. Burrell, Jr.
STIPULATION AND [PROPOSED] ORDER EXTENDING ENVIRONMENTAL PLAINTIFFS' DISCOVERY CUTOFF
Plaintiffs Arc Ecology, San Francisco Baykeeper, and Natural Resources Defense Council, Inc. (collectively "Environmental Plaintiffs") and defendants United States Maritime Administration ("MARAD"), Sean T. Connaughton, in his official capacity as Maritime Administrator, United States Department of Transportation, and Ray H. LaHood, in his official capacity as Secretary of Transportation (collectively "Defendants"), stipulate to and respectfully propose the following:
WHEREAS, Environmental Plaintiffs propounded document requests on March 17, 2008, and on March 4, 2009; and
WHEREAS, on March 4, 2009, Environmental Plaintiffs noticed a deposition of defendant MARAD pursuant to Fed. R. Civ. P. 30(b)(6); and
WHEREAS, on April 21, 2009, and May 4, 2009, Environmental Plaintiffs filed a Notice of Motion and Motion to Compel Discovery Responses concerning the above-referenced document requests and deposition notice; and
WHEREAS, the deposition of MARAD pursuant to Fed. R. Civ. P. 30(b)(6) commenced with the deposition of MARAD, through two of its designated witnesses, Carolyn Junemann and Eugene Magee, on May 21, 2009 and May 22, 2009, respectively; and
WHEREAS, Defendants produced more than 20,000 pages of documents to Environmental Plaintiffs in the two weeks before MARAD's deposition commenced, and have produced many thousand pages of documents since the deposition of designated witnesses Dr. Junemann and Mr. Magee; and
WHEREAS, the parties to this discovery dispute have disagreements concerning the adequacy of Defendants' assertions of privilege with respect to a number of documents that Defendants have withheld or redacted in responding to Environmental Plaintiffs' document requests; and
WHEREAS, the parties to the discovery dispute have met and conferred and resolved certain of their disagreements concerning discovery; and
WHEREAS, on June 4, 2009, Defendants withdrew their assertions of privilege as to a number of documents and, on June 10, 2009, produced those documents to Environmental Plaintiffs; and
WHEREAS, Defendants withdrew their assertions of privilege as to a number of additional documents on June 18, 2009, and subsequently produced documents; and
WHEREAS, as part of a resolution of the parties' disputes concerns the timing of Defendants' document productions, Defendants have agreed extend the cutoff for Environmental Plaintiffs' discovery of Defendants and to permit the recall of Dr. Junemann and Mr. Magee, previously deposed witnesses designated to testify for MARAD, pursuant to Fed. R. Civ. P. 30(b)(6); and
WHEREAS, the parties agree that this stipulation will not interfere with the time set for hearing of any motion or of trial; and
WHEREAS, the parties have agreed to memorialize certain of their agreements in a separately filed Stipulation and Order Resolving ...