Opinion
Case No: 2:05-cv-00205-MCE-GGH.
August 9, 2007
MICHAEL R. SHERWOOD, CA Bar No. 63702, GREGORY C. LOARIE, CA Bar No. 215859, Earthjustice, Oakland, CA, PATRICK GALLAGHER, CA Bar No. 146105, Sierra Club Environmental Law Program, San Francisco, CA, ERIC E. HUBER, CO Bar No. 700024, Pro Hac Vice, Sierra Club Environmental Law Program, Boulder, CO, DAVID B. EDELSON, CA Bar No. 104390, Berkeley, CA, Counsel for Plaintiffs Sierra Forest Legacy, et al.
RONALD J. TENPAS, Acting Assistant Attorney General, Environmental Natural Resources Division, WELLS D. BURGESS, Special Counsel, CYNTHIA HUBER, Acting Assistant Chief, BRIAN C. TOTH, RACHEL A. DOUGAN, Trial Attorneys, United States Department of Justice, Environment Natural Resources Division, Washington, DC, BARCLAY SAMFORD, Trial Attorney, Natural Resources Section, Environment Natural Resources Division, U.S. Department of Justice, Denver, CO, McGREGOR W. SCOTT, United States Attorney, DAVID T. SHELLEDY, Assistant United States Attorney, Sacramento, CA, Counsel for Federal Defendants Mark Rey, et al.
THOMAS R. LUNDQUIST, Pro Hac Vice, J. MICHAEL KLISE, Pro Hac Vice, STEVEN P. QUARLES, Crowell Moring LLP, Washington, DC, Counsel for Defendant-Intervenors Tuolumne County Alliance for Resources Environment, et al.
MICHAEL B. JACKSON, Quincy, CA, Counsel for Defendant-Intervenors Quincy Library Group, et al.
WILLIAM J. THOMAS, Law Offices of William J. Thomas, Sacramento, CA, Counsel for Defendant-Intervenor California Cattlemen's Association.
STIPULATION AND JOINT APPLICATION FOR ORDER SHORTENING TIME REGARDING MOTION FOR PRELIMINARY INJUNCTION ORDER
Plaintiffs Sierra Forest Legacy et al., Federal Defendants Mark Rey et al., Defendant-Intervenors Tuolumne County Alliance for Resources Environment et al., Defendant-Intervenors Quincy Library Group, et al., and Defendant-Intervenors California Cattlemen's Association, by their undersigned attorneys, hereby stipulate as follows:
Plaintiffs have been unable to reach counsel for Defendant-Intervenors California Ski Industry. However, Plaintiffs' motion for preliminary injunction involves a logging project in Plumas National Forest and does not affect the interests of the ski industry.
WHEREAS Federal Defendants notified Plaintiffs on August 6, 2007, that the Forest Service intends to award timber sales implementing the Freeman Project on August 31, 2007, and that logging may proceed shortly thereafter;
WHEREAS Plaintiffs have notified Defendants and Defendant-Intervenors that they intend to move for a preliminary injunction to halt the Freeman Project until this case is resolved on its merits;
WHEREAS pursuant to the timeline set forth in Local Rule 78-230 a hearing on Plaintiffs' motion could not be heard prior to August 31, 2007; and
WHEREAS Plaintiffs are advised by the Clerk of the Court that August 23, 2007, at 11:00 a.m. is available on the Court's calendar to hear Plaintiffs' motion for preliminary injunction;
NOW THEREFORE, the parties stipulate as follows:
1. Plaintiffs will file their motion for preliminary injunction no later than August 10, 2007.
2. Defendants and Defendant-Intervenors will file their oppositions no later than August 17, 2007.
3. Plaintiffs will file their reply, if any, no later than August 21, 2007.
4. Plaintiffs' motion for preliminary injunction will be scheduled for hearing on August 23, 2007, at 11:00 a.m. Argument will be based on the briefs and no witnesses will be presented. Counsel may appear at the hearing by telephone.
IT IS SO ORDERED.