James J. Tutchton, (CA Bar No. 150908) Tutchton Law Office, Centennial, CO, Marianne Dugan, Eugene, OR, For Plaintiff.
BENJAMIN B. WAGNER, United States Attorney, DAVID SHELLEDY, Civil Division Chief Eastern District of California United States Attorney's Office, Sacramento, CA, IGNACIA S. MORENO, Assistant Attorney General Environment and Natural Resources Division, Andrea Gelatt, CA Bar # 262617 Trial Attorney U.S. Department of Justice Wildlife & Marine Resources Section, Washington, D.C., Stuart Gillespie, CO Bar No. 42861 Trial Attorney, Natural Resources Section, Washington, D.C., Alison D. Garner, DC Bar No. 983858 Trial Attorney U.S. Department of Justice Natural Resources Section Environment & Natural Resources Division, Washington, D.C., For Defendants.
JOINT STIPULATION AND PROPOSED ORDER STAYING DISCOVERY AND TRIAL DEADLINES PENDING OUTCOME OF DISPOSITIVE MOTIONS
WILLIAM B. SHUBB, District Judge.
WHEREAS, the Court allowed limited discovery on certain of Plaintiff's Endangered Species Act claims against the United States Forest Service;
WHEREAS, Plaintiff notified Federal Defendants in April 2013 that its expert witness, Ms. Monica Bond, is out of the country and unavailable to be deposed until after June 20, 2013;
WHEREAS, June 20, 2013 falls after the current close of discovery in this litigation (June 7, 2013) and after Federal Defendants' expert disclosure deadline (May 3, 2013) and the parties rebuttal expert deadline (May 17, 2013), ECF No. 19, at 2-3;
WHEREAS, there are pending dispositive motions in this litigation that Defendants contend could resolve all Endangered Species Act claims against the United States Forest Service;
WHEREAS, in the interests of judicial economy and avoiding the need for Court intervention;
The Parties hereby stipulate as follows:
1. Apart from written discovery responses due from the Parties in mid-April 2013, all discovery, pretrial, and trial deadlines shall be stayed until 3 days after the Court issues an order resolving by granting, denying, or granting/denying in part the currently pending motions for summary judgment ("Order");
2. All pretrial deadlines (including the pretrial conference and pretrial statements) shall be vacated, to be reset after the Order.
3. The Parties will file a separate stipulated request for vacatur of the trial date per the Court's scheduling order, ECF No. 19 at 5-6.
4. Within 30 days after the Order (if not dispositive of case) or no earlier than July 1, 2013, Federal Defendants will serve the notice of deposition of Plaintiff's expert and serve a subpoena for her deposition on ...