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Friends of the River, Defenders of v. United States Army Corps of Engineers

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


May 15, 2013

FRIENDS OF THE RIVER, DEFENDERS OF
WILDLIFE, AND CENTER FOR BIOLOGICAL DIVERSITY, PLAINTIFFS,
v.
UNITED STATES ARMY CORPS OF ENGINEERS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: John A. Mendez United States District Court Judge

JOINT STATUS REPORT AND STIPULATION

Pursuant to stipulation and this Court's January 18, 2013 Order (Doc No. 68) the parties, by and through their undersigned counsel, hereby submit the following Joint Status Report proposing steps to be taken by Defendants in the next several weeks to complete the Administrative Record in this case. In support of their proposal to file their next joint status report on July 15, 2013, the Parties hereby state as follows:

1. Defendants certified and filed the Administrative Record with the Court on March 15, 2013. Doc. No. 69. The Administrative Record is unusually voluminous and consists of over 800,000 pages. Nonetheless, as explained in paragraph 3, the parties agree that the Administrative Record is not yet complete.

2. In the time since Defendants produced the Administrative Record to Plaintiffs, the parties have conferred, and continue to confer, in an effort to amicably resolve several issues Plaintiffs have raised regarding the organization and completeness of the Administrative Record.

3. As a result of the parties' ongoing discussions regarding the Administrative Record, Defendants plan to take further steps within the next few weeks to address several of these outstanding concerns. In particular, Defendants plan to produce: (a) over 5,400 additional documents originally withheld from the Administrative Record as privileged; (b) a revised privilege log for the remaining 3,221 documents Defendants claim as privileged; and (c) a revised index containing the newly produced documents, as well as additional information for certain other documents in the Administrative Record.

4. As a result of Defendants' forthcoming productions and revisions to the Administrative Record and the parties' continuing discussions over the Administrative Record, the parties agree that it is premature to propose a schedule for motion practice regarding the Administrative Record or for dispositive motions. The parties propose instead that they file a Joint Status Report on July 15, 2013, proposing a schedule for further briefing.

WHEREFORE, the parties respectfully request that this Court issue an Order that the parties file a Joint Status Report on July 15, 2013 proposing a schedule for further briefing.

Respectfully submitted, Dated: May 14, 2013 Jason Rylander (by permission May 14, 2013) E. Robert Wright (CA Bar No 51861) Senior Counsel Friends of the River 1418 20th St., Suite 100 Sacramento, California 95811 Tel: (916) 442-3155 Fax: (916) 442-3396 Lisa T. Belenky (CA Bar No. 203225) D. Adam Lazar (CA Bar No. 237485) Center for Biological Diversity 351 California St., Suite 600 San Francisco, CA 94104 (415) 436-9682 x307 Fax: (415) 436-9683 lbelenky@biologicaldiversity.org alazar@biologicaldiversity.org Jason Rylander (Pro hac vice) Defenders of Wildlife 1130 17th Street N.W. Washington D.C. 20036-4604 Tel: (202) 682-9400 x145 Fax: (202) 682-1331 jrylander@defenders.org Attorneys for Plaintiffs /s/ Devon Lehman McCune__________________ Devon Lehman McCune, Trial Attorney U.S. Department of Justice Environment and Natural Resources Division Natural Resources Section 999 18th Street, South Terrace Suite 370 Denver, CO 80202 Tel: (303) 844-1487 Fax: (303) 844-1350 Email: devon.mccune@usdoj.gov John H. Martin, Trial Attorney U.S. Department of Justice Environment and Natural Resources Division Wildlife and Marine Resources Section 999 18th Street, South Terrace Suite 370 Denver, CO 80202 Tel: (303) 844-1383 Fax: (303) 844-1350 Email: john.h.martin@usdoj.gov Attorneys for Defendants

IT IS SO ORDERED.

20130515

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