Sarah Uhlemann (WA Bar No. 41164)* Ignacia S. Moreno Cynthia Tuell (AZ Bar No. 025301)* Assistant Attorney General Center for Biological Diversity Kathryn M. Liberatore (NY Bar 4317780) P.O. Box 31001 Trial Attorney Seattle, WA 98103-9998 U.S. Department of Justice (206) 327-2344 Environment & Natural Resources Division firstname.lastname@example.org Natural Resources Section email@example.com P.O. Box 663 *Admitted pro hac vice Washington, DC 20044-0663 (202) 616-5082 Lisa T. Belenky (CA Bar No. 203225) Fax: (202) 305-0506 Justin Augustine (CA Bar No. 235561) firstname.lastname@example.org Center for Biological Diversity 351 California St., Suite 600 Attorneys for Defendants San Francisco, CA 94104 (415) 436-9682 x307 Fax: (415) 436-9683 email@example.com firstname.lastname@example.org Attorneys for Plaintiff
SECOND STIPULATION TO AMEND RECORD SUPPLEMENTATION BRIEFING SCHEDULE
Pursuant to Local Rule 143, Plaintiff and Defendants in the above-captioned case, by and through their attorneys, have conferred and hereby STIPULATE as follows:
1. On October 20, 2010, Plaintiff initiated the instant litigation (Dkt. No. 1), and on January 4, 2011, Defendants filed their Answer (Dkt. No. 15).
2. Defendants lodged the Administrative Record on March 24, 2011. Dkt. No. 22.
3. On April 1, 2011, the Court set a Pretrial Schedule requiring Plaintiff to file any motion to augment the Administrative Record by May 27, 2011. Dkt. No. 24.
4. On May 11, 2011, Plaintiff provided Defendants with a letter setting forth Plaintiff's concerns regarding the scope and content of the Record, and on May 20, 2011, Defendants provided a response. On May 23, 2011, Plaintiff requested further clarification of Defendants' response; Defendants expect to provide a written response to Plaintiff's May 23 letter by June 13, 2011.
5. On May 27, 2011, the Court granted parties' stipulation to extend the record augmentation briefing scheduling, and Plaintiff's brief is currently due next Wednesday, June 15.
5. Although parties have not yet reached an agreement as to the issues raised by Plaintiff, parties remain in negotiation, and parties believe extending the current June 15, 2011 deadline for Plaintiff's motion to augment the Record may allow parties to resolve the remaining record issues without seeking relief from the Court. In order to allow these discussions to continue and in the interest of judicial economy, parties stipulate to a sixteen-day extension for Plaintiff's motion. 6. Accordingly, parties stipulate to the following schedule for record-related briefing:
Plaintiff's motion to augment the record will be due July 1, 2011;
Defendants' responsive brief regarding record augmentation will be due July 15, 2011;
Plaintiff's reply will be due July 22, 2011.
7. Further, parties agree that if record-related briefing is necessary, parties will jointly seek to amend the April 1, 2011 Pretrial Schedule to extend the deadlines therein as appropriate.