United States District Court, N.D. California, San Francisco Division
February 27, 2014
ENVIRONMENTAL PROTECTION INFORMATION CENTER, Plaintiff,
JERRY AYERS, STANFORD LEHR, CHARLTON H. BONHAM, PAT OVERTON, DANIEL ASHE, JEFF UNDERWOOD, and U.S. FISH AND WILDLIFE SERVICE, Defendants.
ROBERT G. DREHER Acting Assistant Attorney General, U.S. Department of Justice Environment & Natural Resources Division, SETH M. BARSKY, Chief, S. JAY GOVINDAN, Assistant Chief, ETHAN CARSON EDDY, Trial Attorney (Cal. Bar 237214), Wildlife and Marine Resources Section Washington, D.C.,
ROMNEY S. PHILPOTT, CO Bar #35112 U.S. Department of Justice Natural Resources Section, Washington, D.C., Attorneys for Federal Defendants
Peter M.K. Frost, admitted pro hac vice Western Environmental Law Center, Eugene, OR, Attorneys for Plaintiff.
PLAINTIFF'S AND FEDERAL DEFENDANTS' STIPULATION TO AMEND STAY AND [PROPOSED] ORDER APPROVING STIPULATION TO AMEND STAY; DIRECTING PARTIES TO FILE JOINT CASE MANAGEMENT STATEMENT
MAXINE M. CHESNEY, District Judge.
Pursuant to Civil Local Rule 7-12, Plaintiff Environmental Protection Information Center, and Defendants Daniel Ashe, Jeff Underwood, and the U.S. Fish and Wildlife Service ("Federal Defendants") hereby stipulate to and respectfully request that the Court amend the Court-ordered stay of the proceedings in this case related to the Federal Defendants (ECF No. 42). This amendment is needed to account for the recent stipulation between Plaintiff and the State Defendants to amend the stay order pertaining to claims against the State Defendants (ECF No. 43), which was granted by the Court on February 3, 2014 (ECF No. 44).
Specifically, the stay orders previously entered in this case - one as to the State Defendants and one as to the Federal Defendants - contain language prohibiting the "collection, trapping, or use of natural-origin (ESA-listed) steelhead trout for broodstock at the Mad River Hatchery" by the California Department of Fish and Wildlife, as well as funding for such activities by the U.S. Fish and Wildlife Service. ECF No. 32, at 2; ECF No. 42, at 1. The recent amendment to the stay order for the State Defendants alters that language to require use of natural-origin steelhead trout by the California Department of Fish and Wildlife. ECF No. 44. Since the U.S. Fish and Wildlife Service funds activity at the Hatchery, a concurrent amendment is needed to the stay order between Plaintiff and the Federal Defendants, to allow the U.S. Fish and Wildlife Service to fund such activities.
Plaintiff and Federal Defendants therefore agree, and request that the Court modify its stay order dated July 24, 2013 (ECF No. 42) as follows:
1. The U.S. Fish and Wildlife Service may fund operations at the Mad River Hatchery to collect, trap, or use natural origin (Endangered Species Act-listed) steelhead trout for broodstock at the Mad River Hatchery, as set forth in paragraph 1 of the Court's order dated February 3, 2014 (ECF No. 44).
2. The stay of Plaintiff's claims against Federal Defendants shall be extended to November 30, 2014, or until the National Marine Fisheries Service approves a Hatchery Genetics Management Plan, whichever occurs first.
3. The remainder of the stay order dated July 24, 2013 (ECF No. 42) remains in effect.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Plaintiff and Federal Defendants are further ORDERED to submit a joint case management statement by December 8, 2014, or within fourteen (14) days following approval of the State Defendants' HGMP, whichever comes first.