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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


March 1, 2011

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

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

STIPULATION OF THE PARTIES AND [PROPOSED] ORDER CONTINUING DEADLINES Date: N/A Time: N/A Courtroom No. 3 Hon. Garland E. Burrell, Jr.

Klamath-Siskiyou Wildlands Center, et al. v. Grantham, et al., No. 2:10-cv-02350-GEB-CMK Stipulation of the Parties and Proposed Order Continuing Deadlines 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 currently scheduled dates in this case be continued as set forth below.

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. The Federal Defendants' response to the complaint is currently due on March 6, 2011 (Order of Dec. 21, 2010 [Dkt. #56].)

5. Oral argument on Plaintiffs' appeal is scheduled for March 16, 2011.

6. A status (pretrial scheduling) conference has been continued from January 31, 2011, to May 9, 2011. (Order of Dec. 21, 2010 [Dkt. #56] ¶ 1.) Not less than twenty-one days before the status conference, the parties are required to develop a discovery plan, and the parties are required to file a Joint Status Report not less than fourteen days before the conference. (Id. ¶ 2.)

7. 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 until a date 21 days after the Ninth Circuit's ruling on Plaintiffs' appeal, or July 11, 2011, whichever is later. On that date, the parties will to file a further status report with the Court, notifying the Court of the Ninth Circuit's decision. At that time, as appropriate, the Court may reset the status (pretrial scheduling) conference and dates for the discovery plan and Joint Status Report. Klamath-Siskiyou Wildlands Center, et al. v. Grantham, et al., No. 2:10-cv-02350-GEB-CMK Stipulation of the Parties and Proposed Order Continuing Deadlines

SO STIPULATED:

FOR THE PLAINTIFFS DATED: March 1, 2011 /s/Susan Jane M. Brown (as authorized on February 28, 2011) SUSAN JANE M. BROWN Western Environmental Law Center 4107 N.E. Couch Street Portland, Oregon 97232 Tel: (503)-914-1323 Fax: (541) 485-2475 E-mail: brown@westernlaw.org DATED: March 1, 2011 FOR THE FEDERAL DEFENDANTS IGNACIA S. MORENO Assistant Attorney General Environment & Natural Resources Division /s/David B. Glazer 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: David.Glazer@usdoj.gov FOR THE INTERVENOR-DEFENDANTS DATED: March 1, 2011 /s/Scott W. Horngren (as authorized on February 28, 2011) SCOTT W. HORNGREN American Forest Resource Council 5100 SW Macadam Ave. Suite 350 Portland, Oregon 97239 Tel: (503) 222-9505 Fax: (503) 222-3255 Email: shorngren@amforest.org

Klamath-Siskiyou Wildlands Center, et al. v. Grantham, et al., No. 2:10-cv-02350-GEB-CMK

Stipulation of the Parties and Proposed Order Continuing Deadlines

ORDER

In consideration of the foregoing Stipulation, good cause having been shown, it is hereby

ORDERED that the Stipulation is GRANTED. It is further ORDERED that

1. The Federal Defendants' response to Plaintiffs' complaint shall be due 21 days from the

date of the Ninth Circuit's decision on Plaintiffs' appeal of this Court's Order of Oct. 8, 2010 [Dkt. #41] , or July 11, 2011, whichever is later; and that

2. On the date the Federal Defendants' response to Plaintiffs' complaint is due, the parties

shall file with the Court a status report notifying the Court that the Ninth Circuit has issued a decision on

Plaintiffs' appeal and that further proceedings may need to be scheduled in this case.

SO ORDERED.

DEAC_Signature-END:

20110301

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