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Western Watersheds Project v. United States Forest Service

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


September 27, 2010

WESTERN WATERSHEDS PROJECT, ET AL., PLAINTIFFS,
v.
UNITED STATES FOREST SERVICE, DEFENDANT.

The opinion of the court was delivered by: Phyllis J. Hamilton United States District Judge

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR THE FEDERAL DEFENDANT TO PLEAD IN RESPONSE PLAINTIFFS' THIRD AMENDED COMPLAINT Date: N/A Time: N/A Courtroom No. 3

Hon. Phyllis J. Hamilton

Plaintiffs Western Watersheds Project, et al. and Federal Defendant United States Forest Service (the "Parties") submit this Stipulation and Proposed Order extending the time within which Federal Defendant may respond to Plaintiffs' Third Amended Complaint. Pursuant to Local Rule 6-2, and in further support of this Stipulation, the Federal Defendant respectfully directs the Court's attention to the accompanying Declaration of David B. Glazer. The Parties further represent as follows:

1. Plaintiffs filed their Third Amended Complaint [Dkt. #103], pursuant to the Parties' Stipulated Agreement and Order [Dkt. #102] ¶ 5, on September 14, 2010. The Federal Defendant's response to that complaint is due on September 28, 2010.

2. Pursuant to the Court's Minute Order of April 8, 2010 [Dkt. #99], the Federal Defendant filed its renewed Motion To Sever Claims and Transfer Venue [Dkt. #104] on September 22, 2010, which is calendared for hearing on October 27, 2010.

3. The Parties stipulate, subject to Court approval, that the Federal Defendant may have up to and including October 22, 2010, to respond to the Third Amended Complaint, which is a date in advance of the hearing on the pending motion to sever and transfer.

4. Previous requests for extension of time or continuance are detailed in the Glazer Declaration ¶¶ 2--9.

SO STIPULATED:

Dated: September 23, 2010

ATTORNEY ATTESTATION OF CONCURRENCE

I hereby attest that I have obtained Plaintiffs' concurrence in this filing, indicated by the signature of Plaintiffs' counsel represented by a "conformed" signature ("/s/") within this e-filed document.

[PROPOSED] ORDER

In consideration of the Stipulation set out above, the Court hereby ORDERS that the Stipulation is approved and that Federal Defendant may have up to and including October 22, 2010, to respond to Plaintiffs' Third Amended Complaint.

IT IS SO ORDERED.

CERTIFICATE OF SERVICE

I, David B. Glazer, hereby certify that, on September 23, 2010, I caused the foregoing to be served upon counsel of record through the Court's electronic service system.

I declare under penalty of perjury that the foregoing is true and correct.

Dated: September 23, 2010

David B. Glazer

20100927

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