Opinion
CASE NO. 2:12-cv-01710 JAM CKD
04-01-2013
COUNTY OF AMADOR, CALIFORNIA, Plaintiff, v. THE UNITED STATES DEPARTMENT OF THE INTERIOR; KEN SALAZAR, Secretary of the United States Department of the Interior; KEVIN WASHBURN, Assistant Secretary of Indian Affairs, United States Department of Interior, Defendants.
NIELSEN MERKSAMER PARRINELLO GROSS & LEONI LLP CHRISTOPHER E. SKINNELL CATHY A. CHRISTIAN BENJAMIN B. WAGNER United States Attorney YOSHINORI H. T. HIMEL Assistant United States Attorney IGNACIA S. MORENO Assistant Attorney General Environment & Natural Resources Division United States Department of Justice JUDITH RABINOWITZ Indian Resources Section Environment and Natural Resources Division United States Department of Justice
NIELSEN MERKSAMER
PARRINELLO GROSS & LEONI LLP
CHRISTOPHER E. SKINNELL, ESQ. (S.B. NO. 227093)
2350 Kerner Boulevard, Suite 250
San Rafael, California 94901
Telephone: (415) 389-6800
Facsimile: (415) 388-6874
CATHY A. CHRISTIAN, ESQ. (S.B. NO. 83196)
1415 L Street, Suite 1200
Sacramento, California 95814
Telephone: (916) 446-6752
Facsimile: (916) 446-6106
Proposed Plaintiff, and Attorneys for Plaintiff, County of Amador, California
BENJAMIN B. WAGNER
United States Attorney
YOSHINORI H. T. HIMEL (S.B. NO. 66194)
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: (916) 554-2760
Facsimile: (916) 554-2900
IGNACIA S. MORENO
Assistant Attorney General
Environment & Natural Resources Division
United States Department of Justice
JUDITH RABINOWITZ
Trial Attorney
Indian Resources Section
Environment & Natural Resources Division
United States Department of Justice
301 Howard Street, Suite 1050
San Francisco, CA 94105
Telephone: (415) 744-6486
Facsimile: (415) 744-6476
E-mail: judith.rabinowitz2@usdoj.gov
Attorneys for Federal Defendants
PARTIES' STIPULATION
FOR EXTENSION OF
ADMINISTRATIVE RECORD
LODGING DATE AND
ORDER
The Parties, Plaintiff County of Amador, California, proposed Plaintiff Cathy Christian, and Defendants, the United States Department of the Interior, Kenneth Salazar, Secretary of the Interior ("Secretary"), and Kevin K. Washburn, Assistant Secretary for Indian Affairs ("Assistant Secretary") (collectively, "Federal Defendants"), by and through their undersigned counsel, hereby stipulate to extend the previously designated date for lodging of the Administrative Record of the challenged agency decision from March 29, 2013 to April 26, 2013, and request that the Court enter their accompanying Proposed Order. The grounds for this stipulation and request are as follows:
Kevin K. Washburn, Assistant Secretary for Indian Affairs, is substituted for Donald E. Laverdure. This substitution is automatic under Fed. R. Civ. P. 25(d).
1. Consistent with the urging of the Court at the February 6, 2013 hearing on their respective motions, the Parties are in the process of attempting to settle the contested FOIA claim proposed to be joined with Amador County's Administrative Procedure Act challenge via a proposed Second Amended Complaint.
2. The Parties anticipate that their settlement negotiations will have direct bearing on certain features of the Administrative Record such that judicial efficiency will best be served by allowing for the settlement process to proceed and conclude before lodging of the Administrative Record.
3. The Parties have agreed that a new lodging date of April 26, 2013, should afford them sufficient time to consummate a settlement. Should settlement not prove possible, Federal Defendants will nonetheless lodge the certified Administrative Record of the May 24, 2012 Record of Decision by April 26, 2013.
4. Subsequent to the lodging of the Administrative Record, either party may move to supplement it. The Parties anticipate that cross-motions for summary judgment are appropriate to resolve the APA claims. After the lodging of the Administrative Record, and once any issues regarding its content are resolved, the Parties will file a further Joint Status Report setting forth an agreed upon briefing schedule for their cross-motions for summary judgment.
5. No prior extension of the date for lodging of the Administrative Record has been sought or granted.
_________________
CHRISTOPHER E. SKINNELL
_________________
CATHY A. CHRISTIAN
BENJAMIN B. WAGNER
United States Attorney
_________________
YOSHINORI H. T. HIMEL
Assistant United States Attorney
IGNACIA S. MORENO
Assistant Attorney General
Environment & Natural Resources Division
United States Department of Justice
_________________
JUDITH RABINOWITZ
Indian Resources Section
Environment and Natural Resources Division
United States Department of Justice
OF COUNSEL: REBECCA ROSS
U.S. Department of the Interior
Office of the Solicitor
Division of Indian Affairs
Branch of Environment and Lands
Washington, DC 20240
COUNTY OF AMADOR, CALIFORNIA, Plaintiff,
v.
THE UNITED STATES DEPARTMENT OF THE INTERIOR; KEN SALAZAR,
Secretary of the United States Department of the Interior;
KEVIN WASHBURN, Assistant Secretary of Indian Affairs, United States Department of Interior, Defendants.
CASE NO. 2:12-cv-01710 JAM
CKD
ORDER ON PARTIES'
STIPULATION FOR
EXTENSION OF
ADMINISTRATIVE RECORD
LODGING DATE
Upon consideration of the Parties' Stipulation for Extension of the Administrative Record Lodging date, good cause having been shown, it is hereby ORDERED that the
1. Stipulation is APPROVED, andIT IS SO ORDERED.
2. The Administrative Record lodging date is EXTENDED from March 29, 2013 to April 26, 2013.
_________________
HON. JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE