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Oceana, Inc., A Non-Profit Organization v. John E.

April 26, 2012

OCEANA, INC., A NON-PROFIT ORGANIZATION, PLAINTIFF,
v.
JOHN E. BRYSON, IN HIS OFFICIAL CAPACITY AS SECRETARY OF COMMERCE; NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION; AND NATIONAL MARINE FISHERIES SERVICE, AND DEFENDANTS, CALIFORNIA WETFISH PRODUCERS ASS'N, ET AL., DEFENDANT-INTERVENORS



The opinion of the court was delivered by: Hon. Edward M. Chen United States District Judge

ANDREA A. TREECE, SB No. 237639 atreece@earthjustice.org 2 MICHAEL R. SHERWOOD, SB No. 63702 msherwood@earthjustice.org 3 Earthjustice 50 California Street, Suite 500 4 San Francisco, CA 94111 Tel: (415) 217-2000 5 Fax: (415) 217-2040 6 Attorneys for Plaintiff

JOINT STIPULATION FOR ENTRY OF SCHEDULING ORDER and [PROPOSED] ORDER

Plaintiff Oceana ("Plaintiff"), Federal Defendants John E. Bryson, in his official capacity as Secretary of Commerce, the National Oceanic and Atmospheric Administration, and the National 23 Marine Fisheries Service ("Federal Defendants"), and Defendant-Intervenors the California Wetfish 24 Producers Association et al. ("Defendant-Intervenors"), by and through undersigned counsel, hereby 25 jointly stipulate to the following schedule for the resolution of this lawsuit. Plaintiff's First 26 Amended Complaint alleges that the Federal Defendants' authorization and promulgation of 27 regulations implementing Amendment 13 to the U.S. West Coast Coastal Pelagic Species Fishery 28 Management Plan violates the Magnuson-Stevens Fishery Conservation and Management Act, National Environmental Policy Act, Endangered Species Act, and Administrative Procedure Act. 2

The parties anticipate that Plaintiff's claims will be resolved on cross-motions for summary 3 judgment on the basis of the administrative record. See Civil L.R. 16-5; Civil L.R. 56. Accordingly, 4 the parties propose the following schedule for the filing of Defendant-Intevenors' Answer to 5 Plaintiff's First Amended Complaint, resolving any disputes regarding the completeness of the 6 administrative record, and briefing on cross-motions for summary judgment: 7

1. Defendant-Intervenors' Answer. Defendant-Intervenors shall file their Answer to Plaintiff's First Amended Complaint on or before May 10, 2012. 9

2. Disputes Regarding the Administrative Record. On or before May 11, 2012, the 10 parties shall notify the Court whether they are in agreement that the administrative record is 11 complete, whether they intend to move this Court to resolve any disputes regarding the completeness 12 of the record, or whether they intend to move this Court for leave to submit extra-record materials. 13

If either party determines that a motion regarding the completeness of the administrative record or 14 the need for extra-record review is necessary, that party shall file the motion on or before May 25, 15 2012. Briefing on any such motion shall proceed in accordance with Civil L.R. 7. 16

3. Summary Judgment Briefing Schedule. Due to the complexity of the claims and 17 the anticipated size of the administrative record, the parties propose the following extended schedule 18 and page limits for summary judgment briefing: 19

(a) Plaintiff shall file for summary judgment not later than 45 days following the date the 20 record for judicial review is determined to be complete, either by stipulation of the 21 parties or pursuant to an Order of the Court resolving any dispute regarding the 22 completeness of the administrative records and/or the need for extra-record review.

Plaintiff's initial summary judgment brief shall not exceed 45 pages.

(b) Federal Defendants and Defendant-Intervenors shall file their opposition to the Plaintiff's motion for summary judgment and cross-motion for summary judgment not later than 35 days following the filing of Plaintiff's motion. Federal Defendants' and Defendant-Intervenors' initial briefs shall not exceed 45 pages each.

(c) Plaintiff shall file its opposition to Federal Defendants' and Defendant-Intervenors' cross-motions and reply brief not later than 30 days following the filing of the cross- 3 motion. Plaintiff's combined opposition and reply shall not exceed 40 pages.

(d) Federal Defendants and Defendant-Intervenors shall file their reply briefs not later 5 than 21 days after the filing of Plaintiffs' combined opposition and reply. Federal 6 Defendants' and Defendant-Intervenors' reply briefs shall not exceed 25 pages each.

4.Hearing on Motions for Summary Judgment. In keeping with the Court's 8 regularly scheduled civil law-and-motion calendar, the parties suggest that the Court schedule the 9 hearing on the cross-motions for summary judgment for October 26, November 2, ...


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