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Klamath-Siskiyou Wildlands Center, et al v. Patricia A. Grantham

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION


December 20, 2010

KLAMATH-SISKIYOU WILDLANDS CENTER, ET AL., PLAINTIFFS,
v.
PATRICIA A. GRANTHAM, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Hon. Garland E. Burrell, Jr.

STIPULATION OF THE PARTIES AND [PROPOSED] ORDER CONTINUING DEADLINES

Time: N/A Date: N/A Courtroom No. 3

Federal Defendants Patricia A. Grantham and the U.S. Forest Service; Plaintiffs Klamath-Siskiyou Wildlands Center, Environmental Protection Information Center, Klamath Forest Alliance, and Center for Biological Diversity; and Intervenor-Defendants South Bay Timber LLC and Rough and Ready Lumber LLC hereby stipulate, subject to Court approval pursuant to Civil L.R. 144, that the Federal Defendants may have a 90-day extension from December 6, 2010, to respond to Plaintiffs' complaint and that other dates may be extended for an equal amount of time.

In support of this Stipulation, the parties represent as follows:

1. The Federal Defendants' response to the complaint was originally due November 8,2010.

2. Plaintiffs took an appeal from the Court's denial of their motion for preliminary injunction (Order of Oct. 8, 2010 [Dkt. #41]), on October 14, 2010 [Dkt. #42].

3. On November 8, 2010, the parties stipulated, pursuant to Local Civil Rule 144(a), that the Federal Defendants could have an initial 28-day extension of time, to December 6, 2010, to respond to the complaint [Dkt. #53].

4. Pursuant to the Ninth Circuit's scheduling order, briefing of the pending appeal will be completed by December 23, 2010. (Order of Oct. 20, 2010 [DktEntry #3].)

5. A status (pretrial scheduling) conference has been set for January 31, 2011. (Order of Sept. 1, 2011 [Dkt. #5] ¶ 1.) Not less than twenty-one days before the status conference, the parties are required to develop a discovery plan; the parties are required to file a Joint Status Report not less than fourteen days before the conference. (Id. ¶¶ 5, 6.)

6. In light of the pending appeal, and subject to Court approval, the parties believe that it would be reasonable to defer the Federal Defendants' obligation to respond to the complaint for 90 days, which would make a response due on March 6, 2011. The parties also believe that the status conference and associated deadlines should also be continued by 90 days. Under that schedule, the status conference would be reset for May 2, 2011 (or such other time as may be convenient for the Court), and the discovery plan and Joint Status Report would be due not less than 21 and 14 days, respectively, prior to the conference.

SO STIPULATED:

FOR THE PLAINTIFFS DATED: December 20, 2010 SUSAN JANE M. BROWN Western Environmental Law Center 4107 N.E. Couch Street (as authorized on Dec. 2, 2010) Portland, Oregon 97232 Tel: (503)-914-1323 Fax: (541) 485-2475 E-mail: brown@westernlaw.org

DATED: December 20, 2010 FOR THE FEDERAL DEFENDANTS IGNACIA S. MORENO Assistant Attorney General Environment & Natural Resources Division

DAVID B. GLAZER Natural Resources Section Environment & Natural Resources Division United States Department of Justice 301 Howard Street, Suite 1050 San Francisco, California Tel: (415) 744-6491 Fax: (415) 744-6476 E-mail: U U David.Glazer@usdoj.gov

U U FOR THE INTERVENOR-DEFENDANTS DATED: December 20, 2010 SCOTT W. HORNGREN American Forest(as authorized on Dec. 2, 2010) Resource Council 5100 SW Macadam Ave. Suite 350 Portland, Oregon 97239 Tel: (503) 222-9505 Fax: (503) 222-3255 Email: shorngren@amforest.org

ORDER

In consideration of the foregoing Stipulation, good cause having been shown, it is hereby ORDERED that the Stipulation is GRANTED and that the Federal Defendants may have until March 6, 2011, to respond to the complaint. It is further ORDERED that 1. The status (pretrial scheduling) conference, currently set for January 31, 2011, is rescheduled for May 9, 2011 at 9:00 a.m. A joint status report shall be filed fourteen days prior to the hearing.

2. The parties shall, as appropriate, meet and confer on a discovery plan no later than 21 days prior to the status conference and shall submit a Joint Status Report not less than 14 days prior to the conference.

SO ORDERED.

20101220

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