Opinion
CASE NO. 2:11-CV-943-JAM
08-30-2011
NORTH SACRAMENTO LAND COMPANY; et al., Plaintiffs, v. UNITED STATES FISH AND WILDLIFE SERVICE; et al., Defendants.
BRANDON M. MIDDLETON Pacific Legal Foundation IGNACIA S. MORENO, Assistant Attorney General SETH M. BARSKY, Chief ANDREA GELATT, Trial Attorney Counsel for Defendants
M. REED HOPPER, No. 131291
DAMIEN M. SCHIFF, No. 235101
BRANDON M. MIDDLETON, No. 255699
Pacific Legal Foundation
Attorneys for Plaintiffs
IGNACIA S. MORENO, Assistant Attorney General
SETH M. BARSKY, Section Chief
KRISTEN L. GUSTAFSON, Assistant Section Chief
ANDREA E. GELATT, Trial Attorney, No. 262617
U.S. Department of Justice
Environment and Natural Resources Division
Wildlife and Marine Resources Section
Attorneys for Defendants
STIPULATION AND ORDER STAYING THE CASE
Pursuant to L.R. 143, this Stipulation is entered into by and between North Sacramento Land Company; Levee District 1; Reclamation District 784; Sacramento Valley Landowners Association; Butte County Farm Bureau; Solano County Farm Bureau; and Yolo County Farm Bureau (collectively "Plaintiffs") and Federal Defendants, the Secretary of Interior and the U.S. Fish and Wildlife Service (collectively "the Service") stipulate as follows:
1. On September 10, 2010, the Service received a petition by Plaintiffs to revise the status of VELB under the ESA so that it is no longer listed as threatened as defined by the Endangered Species Act ("ESA").
2. On April 8, 2011, Plaintiffs filed their Complaint, alleging that the Service had violated the ESA and the Administrative Procedure Act ("APA") by failing to make a timely finding on their petition to delist the VELB.
3. The Service has submitted to the Federal Register a finding responding to Plaintiffs' petition regarding the VELB pursuant to 16 U.S.C. § 1533(b)(3)(A). See 76 Fed. Reg. 51,929 (Aug. 19, 2011).
4. The parties agree that the Service's actions resolve Plaintiffs' ESA and APA claims.
The parties have been making progress in settlement discussions regarding Plaintiffs' claims for attorneys' fees in this case. Both parties are optimistic that a mutually acceptable resolution to this matter can be reached, pending approval by the appropriate authorities within the government and by Plaintiffs, and that the present lawsuit can be voluntarily dismissed in its entirety.
The requested stay is therefore in the interest of judicial economy, and in the best interest of all concerned. The parties request that the case schedule be suspended until October 14, 2011, by which date the parties will either notify the Court that a settlement on attorneys' fees has been reached, or file with the Court a proposed briefing schedule for any attorneys' fee motions.
Respectfully submitted,
BRANDON M. MIDDLETON
Pacific Legal Foundation
IGNACIA S. MORENO,
Assistant Attorney General
SETH M. BARSKY, Chief
ANDREA GELATT, Trial Attorney
Counsel for Defendants
IT IS SO ORDERED
John A. Mendez
U.S. District Court Judge