Opinion
CaseNo. 3:13-cv-0656-MMC
05-06-2013
ENVIRONMENTAL PROTECTION INFORMATION CENTER, Plaintiff, v. JERRY AYERS, STANFORD LEHR, CHARLTON H. BONHAM, PAT OVERTON, ROWAN GOULD, JEFF UNDERWOOD, and U.S. FISH AND WILDLIFE SERVICE, Defendants.
IGNACIA S. MORENO 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 Attorneys for Defendants ROMNEY S. PHILPOTT, CO Bar #35112 U.S. Department of Justice Attorneys for Federal Defendants Sharon E. Duggan (SBN 105108) Peter M.K. Frost, admitted pro hac vice Western Environmental Law Center Attorneys for Plaintiff KAMALA D. HARRIS Attorney General of California ROBERT W. BYRNE Senior Assistant Attorney General GAVIN G. MCCABE Supervising Deputy Attorney General DANIEL S. HARRIS (SBN 157433) Deputy Attorney General MARC N. MELNICK (SBN 168187) Deputy Attorney General Attorneys for State Defendants
IGNACIA S. MORENO
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
Attorneys for Defendants
THE HONORABLE MAXINE M. CHESNEY
ORDER APPROVING
STIPULATION AND PROPOSED
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE
AND ALLOW LEAVE TO APPEAR
BY TELEPHONE
Date: May 21, 2013
Judge: Hon. Maxine M. Chesney
STIPULATION
Pursuant to Civil Local Rules 6-2 and 7-12, all parties to this action stipulate and respectfully request of the Court as follows:
A. Continuance of Initial Case Management Conference
1. The initial case management conference in this action is presently set for Friday, May 24, 2013 at 10:30am. See ECF No. 9, atl.
2. Lead counsel for Federal Defendants will be traveling by air on that date to a sibling's wedding during the entirety of the Court's business hours, and requests from the Court a continuance of the initial case management conference. Pursuant to Civil Local Rule 6-2(a), a supporting declaration is attached.
3. Counsel for Federal Defendants has conferred with counsel for all other parties on this request, and all parties agree to stipulate and request of the Court an order continuing the initial case management conference to a later date. Counsel for all parties will be available on Friday, May 31,2013.
4. There have been no prior time modifications in this case.
5. The parties have requested an ADR Telephone Conference, which is currently set for May 21, 2013. There are no other outstanding ADR deadlines.
6. Therefore, the parties request that the Court continue the initial case management conference to May 31, 2013 at 10:30am. The parties'joint case management statement would be due on or by May 24, 2013. See ECF No. 9, atl.
B. Request for Telephonic Appearance at Initial Case Management Conference
7. Counsel for Federal Defendants, who are based in Washington, DC, additionally request leave of Court to appear telephonically at the initial case management conference.
8. As explained in the supporting declaration, the U.S. Department of Justice is currently operating under a reduced budget and a non-essential spending freeze and, therefore, Department employees are urged to conserve public resources whenever possible, including requesting telephonic appearances where appropriate.
9. An order granting leave for counsel for Federal Defendants to appear telephonically at the initial case management conference will save the expense of travel from Washington, DC to San Francisco.
10. Counsel for Federal Defendants has conferred with counsel for all other parties on this request for leave to appear telephonically, and all parties agree to stipulate and request of the Court an order permitting counsel for Federal Defendants to appear telephonically at the initial case management conference. Respectfully submitted this 1st day of May, 2013.
IGNACIA S. MORENO
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
P.O. Box 7611, Ben Franklin Station
Washington,D.C. 20044
(202) 305-0202 (Phone); (202) 305-0275 (Fax)
ethan.eddy@usdoj.gov
ROMNEY S. PHILPOTT, CO Bar #35112
U.S. Department of Justice
Attorneys for Federal Defendants
________________________
Sharon E. Duggan (SBN 105108)
________________________
Peter M.K. Frost, admitted pro hac vice
Western Environmental Law Center
Attorneys for Plaintiff
KAMALA D. HARRIS
Attorney General of California
ROBERT W. BYRNE
Senior Assistant Attorney General
GAVIN G. MCCABE
Supervising Deputy Attorney General
DANIEL S. HARRIS (SBN 157433)
Deputy Attorney General
________________________
MARC N. MELNICK (SBN 168187)
Deputy Attorney General
Attorneys for State Defendants
E-FILING ATTESTATION
Pursuant to Civil Local Rule 5.1(i)(3), I attest that Sharon Duggan, Peter Frost and Marc Melnick have concurred in the filing of this document.
________________________
ETHAN CARSON EDDY
Counsel for Federal Defendants
PROPOSED ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED. Further, all counsel shall appear telephonically at the May 31, 2013 Case Management Conference.