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ARC Ecology v. California Regional Water Quality Control Board

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 2, 2009

ARC ECOLOGY, ET AL., PLAINTIFFS,
v.
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, UNITED STATES MARITIME ADMINISTRATION, ET AL. , DEFENDANTS.

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 Certain Discovery Disagreements; and

THEREFORE, Environmental Plaintiffs and Defendants hereby stipulate as follows:

1. The deadline for Environmental Plaintiffs, only, to complete discovery of Defendants is extended from July 31, 2009, to August 31, 2009.

Respectfully submitted,

For Environmental Plaintiffs:

July 2, 2009

MICHAEL E. WALL (Cal. Bar No. 170238) NATURAL RESOURCES DEFENSE COUNCIL 111 Sutter Street, 20th Floor San Francisco, California 94104 Tel.: (415) 875-6100; Fax: (415) 875-6161 E-mail: mwall@nrdc.org

THOMAS CMAR (admitted pro hac vice ) NATURAL RESOURCES DEFENSE COUNCIL 2 North Riverside Plaza, Suite 2250 Chicago, IL 60606-9997 Tel.: (312) 651-7906; Fax: (312) 651-7919 E-mail: tcmar@nrdc.org

SARAH LIPTON-LUBET (admitted pro hac vice ) NATURAL RESOURCES DEFENSE COUNCIL 1200 New York Ave., NW, Suite 400 Washington, DC 20005 Tel.: (202) 289-2405; Fax: (202) 289-1060 E-mail: slipton-lubet@nrdc.org

SCOTT ALLEN (Cal. Bar No. 178925) LARIVIERE, GRUBMAN & PAYNE 19 Upper Ragsdale Drive, Suite 200 Monterey, CA 93940 Tel.: (831) 649-7531; Fax: (831) 649-8835 Email: sallen@lgpatlaw.com

DAVID A. NICHOLAS (admitted pro hac vice 20 Whitney Road Newton, MA 02460 Tel.: (617) 964-1548; Fax: (617) 663-6233 E-mail: dnicholas@verizon.net Attorneys for plaintiffs Arc Ecology, San Francisco Baykeeper, and Natural Resources Defense Council, Inc. For Defendants

JOHN C. CRUDEN Acting Assistant Attorney General Environment & Natural Resources Division Michelle R. Lambert (as authorized 7/2/2009) LESLIE M. HILL MICHELLE R. LAMBERT Trial Attorneys United States Department of Justice Environment & Natural Resources Division Environmental Defense Section P.O. Box 23986 Washington, DC 20026-3986 Telephone: (202) 616-7501 Facsimile: (202) 514-8865

ORDER

The foregoing stipulation by the parties is hereby approved and entered as an ORDER of the Court.

It is so ORDERED.

20090702

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