Free Motion for Extension of Time to File Response/Reply - District Court of California - California

Case 3:07-cv-04771-EDL

Document 70

Filed 11/15/2007

Page 1 of 3

1 2 3 4 5 6 7 8 9 10 11 Counsel for Federal Defendants 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Mtn to Enlarge Deadline for Defendants' Opposition Brief NRDC v. Gutierrez, Case No. 07-4771-EDL

RONALD J. TENPAS Acting Assistant Attorney General Environment and Natural Resources Division UNITED STATES DEPARTMENT OF JUSTICE JEAN E. WILLIAMS, Chief KRISTEN L. GUSTAFSON, Senior Trial Attorney Wildlife and Marine Resources Section GUILLERMO MONTERO, Trial Attorney Natural Resources Section Environment & Natural Resources Division UNITED STATES DEPARTMENT OF JUSTICE Benjamin Franklin Station - P.O. Box 7369/ P.O. Box 663 Washington, D.C. 20044 (202) 305-0211 (tel.) / (202) 305-0443 (tel.) (202) 305-0275 (fax)/ (202) 305-0274 (fax) [email protected] [email protected]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

) ) Civ. Action No. 07-4771-EDL ) Plaintiffs, ) MOTION TO ENLARGE ) TIME IN WHICH TO FILE v. ) FEDERAL DEFENDANTS' ) BRIEF IN OPPOSITION TO PLAINTIFFS' CARLOS GUTIERREZ, SECRETARY ) MOTION FOR PRELIMINARY OF THE UNITED STATES ) INJUNCTION DEPARTMENT OF COMMERCE, et al. ) ) Judge: Hon. Elizabeth D. Laporte Defendants. ) Ctrm: E ) Hearing Date: January 16, 2007 ) Time: 2 p.m. ____________________________________)

NATURAL RESOURCES DEFENSE COUNCIL, INC., et al.,

Case 3:07-cv-04771-EDL

Document 70

Filed 11/15/2007

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Pursuant to Local Rule 6-3, Federal Defendants hereby request that the Court modify the briefing schedule for the Plaintiffs' motion for a preliminary injunction such as to allow Defendants to complete the filing of their opposition to the Plaintiffs' motion no later than 11 pm EST on November 15, 2007. In support of this motion, Federal Defendants state as follows: (1) On October 12, 2007, Plaintiffs filed a motion for preliminary injunction in the above

captioned case; (2) On November 8, 2007, Plaintiffs and Defendants ("Parties"), filed a Stipulation to

Permit Plaintiffs and Defendants to Exceed the Page Limit and Modify Briefing Schedule Applicable to Defendants' Opposition to Preliminary Injunction Motion and Plaintiffs' Reply; (3) (4) On November 9, 2007, this Court issued an Order approving the Parties' Stipulation; Pursuant to that Stipulation, Federal Defendants' brief in opposition to Plaintiffs'

motion for preliminary injunction was due no later than 5pm EST, November 15, 2007. In addition, Federal Defendants were required to delivery service copies of the exhibits pertaining to that brief to Sarah Schindler, Bryan Jacobson, and Michael Jasny no later than November 15, 2007; (5) Federal Defendants have completed service of the exhibits, but were unable to

complete the filing of their opposition brief prior to 5 pm on November 15 due to delays in executing several corresponding declarations and technical difficulties experienced while formatting the brief; (6) Federal Defendants ultimately filed the opposition brief and a number of the

supporting declarations at approximately 8:30 pm EST, but continue to have difficulty with the four remaining declarations due to the file size and because the files appear to be password protected; (7) Federal Defendants therefore request an enlargement of time until 11 pm EST (5

hours) in which to complete the filing; (8) Defendants submit that the Plaintiffs will not be significantly prejudiced by this

enlargement because the opposition brief has already been filed and served via the Electronic Case Filing System.

Mtn to Enlarge Deadline for Defendants' Opposition Brief NRDC v. Gutierrez, Case No. 07-4771-EDL

-1-

Case 3:07-cv-04771-EDL

Document 70

Filed 11/15/2007

Page 3 of 3

1 2 3 4

(9)

Counsel for Federal Defendants attempted to contact counsel for the Plaintiffs by

telephone prior to filing this motion to determine whether a stipulation was possible, but were unable to reach Plaintiffs' counsel. Dated: November 15, 2007 RONALD J. TENPAS Acting Assistant Attorney General United States Department of Justice Environment & Natural Resources Division JEAN E. WILLIAMS, Chief KRISTEN GUSTAFSON, Trial Attorney United States Department of Justice Environment & Natural Resources Division Wildlife & Marine Resources Section By: /s/ Guillermo A. Montero GUILLERMO MONTERO, Trial Attorney MA Bar #660903 United States Department of Justice Environment & Natural Resources Division Natural Resources Section Ben Franklin Station, P.O. Box 663 Washington, D.C. 20044-663 Tel. (202) 305-0443/ Fax (202) 305-0274 [email protected] Counsel for Federal Defendants

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Mtn to Enlarge Deadline for Defendants' Opposition Brief NRDC v. Gutierrez, Case No. 07-4771-EDL

-2-