Free Motion to Amend/Correct - District Court of California - California

Case 5:08-cv-01592-RMW

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Filed 08/19/2008

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RONALD J. TENPAS Assistant Attorney General Environment & Natural Resources Division JEAN E. WILLIAMS, Chief LISA L. RUSSELL, Assistant Chief ROBERT P. WILLIAMS, Trial Attorney (SBN 474730 (DC)) U.S. Department of Justice Environment & Natural Resources Division Wildlife & Marine Resources Section Ben Franklin Station, P.O. Box 7369 Washington, D.C. 20044-7369 Telephone: (202) 305-0206 Facsimile: (202) 305-0275 Attorneys for Federal Defendants IN THE UNITED STATES DISTRICT COURT

10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Federal Defendants Carlos Gutierrez, United States Secretary of Commerce, the National Marine Fisheries Service ("NMFS"), and Russ M. Strach, NMFS Assistant Regional Administrator of the Protected Resources Division of the Southwest Region (collectively referred to as "NMFS"), joined by Plaintiff Homer McCrary, respectfully request clarification of the Court's August 8, 2008 Order (Dckt. No. 25), which continued the case management conference and the hearing date for Plaintiff's motion to proceed on existing administrative record and briefs to September 12, 2008. The August 8 Order states that the parties "are to appear before the Honorable Ronald M. Whyte in courtroom #6, 4th floor of the U.S. Courthouse, 280 South First Street, San Jose, California, unless notified that the matter will be submitted
McCrary v. Gutierrez et al., Case No. 08-cv-1592-RMW Joint Mot. for Clarification of Aug. 8, 2008 Order

) ) ) Plaintiff, ) ) v. ) ) CARLOS M. GUTIERREZ, ET AL., ) ) Defendants. ) ) _______________________________________) HOMER T. MCCRARY,

Case No. 08-cv-1592-RMW JOINT MOTION FOR CLARIFICATION OF AUGUST 8, 2008 ORDER Date: September 12, 2008 Time: 9:00 a.m. & 10:30 a.m. Judge: Hon. Ronald M. Whyte Courtroom 6, 4th Floor

Case 5:08-cv-01592-RMW

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without argument." 8/8/08 Order at 1. This statement in the August 8 Order conflicts with the Court's August 5, 2008 Order, in which the Court previously had granted the parties' joint request to appear by telephone for the hearing and the case management conference. See Dckt. No. 21. The August 8 Order does not reference the August 5 Order. The parties' preference remains to appear by telephone at the hearing, for the reasons set forth in the parties' joint motion, Dckt. No. 19. In particular, this case is an administrative record review case, which the parties anticipate will be resolved without the need for discovery and through cross-motions for summary judgment. The Parties therefore are confident that the matters to be discussed and resolved during the CMC and the hearing on Plaintiff's motion can be adequately addressed by telephone. Lead counsel for both parties also reside out-of-state, and therefore granting this request would save considerable time and expense for the parties. Therefore, the parties respectfully request that the Court clarify the August 8 Order to grant the parties leave to appear by telephone at the hearing on Plaintiff's motion and the case management conference. Respectfully submitted: August 19, 2008

RONALD J. TENPAS Assistant Attorney General Environment & Natural Resources Division JEAN E. WILLIAMS, Chief LISA L. RUSSELL, Assistant Chief /s/ Robert P. Williams ROBERT P. WILLIAMS, Trial Attorney (SBN 474730 (DC)) U.S. Department of Justice Environment & Natural Resources Division Wildlife & Marine Resources Section Ben Franklin Station, P.O. Box 7369 Washington, D.C. 20044-7369 Telephone: (202) 305-0206 Facsimile: (202) 305-0275 Attorneys for Federal Defendants

McCrary v. Gutierrez et al., Case No. 08-cv-1592-RMW Joint Mot. for Clarification of Aug. 8, 2008 Order

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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 SAN JOSE DIVISION 5 6 HOMER T. MCCRARY, 7 8 9 10 11 12 13 The Court having received the parties' joint motion for clarification of August 8, 2008 14 order, and good cause appearing therefor, 15 ORDERS that the parties' request to appear by telephone at the September 12, 2008 case 16 management conference and hearing on Plaintiff's motion to proceed on existing administrative 17 record and briefs is GRANTED. 18 The parties shall be available at the following telephone numbers: 19 20 21 Attorney for Plaintiff 22 23 24 25 Dated: August __, 2008 26 27 28 RONALD M. WHYTE U.S. District Judge IT IS SO ORDERED. Attorney for Federal Defendants James L. Buchal Telephone: 503-227-1011 Robert P. Williams Telephone: 202-305-0206 ) ) Plaintiff, ) ) v. ) ) CARLOS M. GUTIERREZ, ET AL., ) ) Defendants. ) ) _______________________________________) Case No. 08-cv-1592-RMW

[PROPOSED] ORDER