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In re Delta Smelt

March 17, 2010

THE DELTA SMELT


The opinion of the court was delivered by: Honorable Oliver W. Wanger U.S. District Judge

CONSOLIDATED CASES

Stipulation and Order Amending

Summary Judgment Schedule

Pursuant to Local Rule 143(b), all parties to this action, by and through their respective counsel of record as identified below, hereby stipulate as follows:

1. The current due date for the Defendant parties' cross-motions for summary judgment and memoranda in support of those motions and in opposition to Plaintiffs' motions for summary judgment is March 24, 2010. See Docket No. 506. The due date for the Plaintiffs' summary judgment reply briefs is currently April 14, 2010. See id.

2. On February 26, 2010, the Court continued the hearing on the parties' cross- motions for summary judgment from April 29-30, 2010 to May 25-26, 2010. See Docket No. 595.

3. On March 8, 2010, counsel for the Federal Defendants contacted all parties to seek the parties' consent to an extension of the summary judgment briefing schedule. The Federal Defendants indicated that they sought this extension because the time spent by Federal Defendants filing responses to the Requests For Information From 706 Experts, see Docket Nos. 587, 594, 596, 607, 608, 611, 613, would otherwise have been spent drafting the summary judgment brief and preparing for the upcoming preliminary injunction hearing, and was not accounted for in prior scheduling orders.

4. The other parties agree to the Federal Defendants' request for an extension of the summary judgment briefing schedule.

5. All parties thus respectfully stipulate and request that the Court enter an Order amending the existing summary judgment briefing schedule as follows: the Defendant parties' cross-motions for summary judgment and memoranda in support of those motions and in opposition to Plaintiffs' motions for summary judgment, currently due March 24, 2010, shall instead be due April 12, 2010. Plaintiffs' reply briefs, currently due April 14, 2010, shall instead be due May 7, 2010. The cross motions for summary judgment shall be heard on May 25-26, 2010 as currently scheduled, or as soon thereafter as the Court is able to hear the motions.

6. This proposal is based on the current preliminary injunction hearing schedule. The Defendant parties reserve the right to move for further relief from this proposed summary judgment briefing schedule if the preliminary injunction hearing is extended past April 7, 2010. Good cause exists for the granting of the above requested schedule change, and the parties respectfully request that the dates set by this Court be modified as shown above. A proposed order in the form of an endorsement appears below.

SO STIPULATED.

Dated: March 14, 2010

IGNACIA S. MORENO, Assistant Attorney General United States Department of Justice Environment & Natural Resources Division JEAN E. WILLIAMS, Section Chief

S. JAY GOVINDAN, Senior Trial Attorney ETHAN CARSON EDDY, Trial Attorney Wildlife and Marine Resources Section Benjamin ...


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