Free Joint Case Management Statement - District Court of California - California

Case 3:07-cv-04771-EDL

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ROBERT L. FALK (SBN 142007) ROBIN S. STAFFORD (SBN 200950) JAMON L. BOLLOCK (SBN 221513) MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 Email: [email protected] Email: [email protected] Email: [email protected] JOEL R. REYNOLDS (SBN 85276) CARA A. HOROWITZ (SBN 220701) NATURAL RESOURCES DEFENSE COUNCIL, INC. 1314 Second Street Santa Monica, CA 90401 Telephone: (310) 434-2300 Facsimile: (310) 434-2399 Attorneys for Plaintiffs NATURAL RESOURCES DEFENSE COUNCIL, INC.; INTERNATIONAL FUND FOR ANIMAL WELFARE; THE HUMANE SOCIETY OF THE UNITED STATES; CETACEAN SOCIETY INTERNATIONAL; LEAGUE FOR COASTAL PROTECTION; OCEAN FUTURES SOCIETY; JEAN-MICHEL COUSTEAU UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA NATURAL RESOURCES DEFENSE COUNCIL, INC.; INTERNATIONAL FUND FOR ANIMAL WELFARE; THE HUMANE SOCIETY OF THE UNITED STATES; CETACEAN SOCIETY INTERNATIONAL; LEAGUE FOR COASTAL PROTECTION; OCEAN FUTURES SOCIETY; JEAN-MICHEL COUSTEAU, Plaintiffs, v. CARLOS M. GUTIERREZ, SECRETARY OF THE UNITED STATES DEPARTMENT OF COMMERCE; NATIONAL MARINE FISHERIES SERVICE; JAMES BALSIGER, ACTING ASSISTANT ADMINISTRATOR FOR FISHERIES OF THE NATIONAL OCEANOGRAPHIC AND ATMOSPHERIC ADMINISTRATION; VICE ADMIRAL CONRAD C. LAUTENBACHER, JR., ADMINISTRATOR OF THE NATIONAL OCEANOGRAPHIC AND ATMOSPHERIC ADMINISTRATION; UNITED STATES DEPARTMENT OF THE NAVY; DONALD C. WINTER, SECRETARY OF THE UNITED STATES DEPARTMENT OF THE NAVY; ADMIRAL GARY ROUGHEAD, CHIEF OF NAVAL OPERATIONS, Defendants.
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Civil Action No. 07-4771-EDL JOINT CASE MANAGEMENT CONFERENCE STATEMENT Date: Time: Ctrm: Judge: June 10, 2008 11:00 a.m. E Hon. Elizabeth D. Laporte

Case 3:07-cv-04771-EDL

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Pursuant to Local Rule 16-9, the Court's Standing Order Re: Case Management Conference, the Court's February 6, 2008 Opinion and Order Granting in Part Plaintiffs' Motion for Preliminary Injunction, and the Court's April 14, 2008 Order re: Stipulated Request to Amend Interim Preliminary Injunctive Relief and Stay Schedule, Plaintiffs Natural Resources Defense Council, Inc.; International Fund for Animal Welfare; The Humane Society of The United States; Cetacean Society International; League for Coastal Protection; Ocean Futures Society; and JeanMichel Cousteau (collectively "Plaintiffs") and Defendants Carlos M. Gutierrez, Secretary of the United States Department of Commerce; National Marine Fisheries Service ("NMFS"); James Balsiger, Acting Assistant Administrator for Fisheries of the National Oceanographic and Atmospheric Administration ("NOAA")1; Vice Admiral Conrad C. Lautenbacher, Jr., Administrator of NOAA; United States Department of the Navy ("Navy"); Donald C. Winter, Secretary of the Navy; and Admiral Gary Roughead, Chief of Naval Operations2 (collectively "Defendants") jointly submit this Case Management Statement and Proposed Order and request that the Court adopt it as its Case Management Order in this case. I. DESCRIPTION OF CASE

Plaintiffs' action seeks relief under the Marine Mammal Protection Act, the National Environmental Policy Act, the Endangered Species Act, and the Administrative Procedure Act. More detailed descriptions of the action have been presented to the Court in briefing by Plaintiffs and Defendants (collectively the "Parties") on Plaintiffs' motion for preliminary injunction. All Parties have been served. Neither Plaintiffs nor Defendants anticipate the joinder of any other party. II. CONSENT TO MAGISTRATE JUDGE

Both Parties have consented to the jurisdiction of the Court for trial. The Parties' consent is without prejudice to any defense or legal argument that may be available to them.

In his official capacity, James Balsiger is automatically substituted as Defendant in place of William Hogarth who has retired, pursuant to Fed. R. Civ. P. 25(d)(1).
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In his official capacity, Admiral Gary Roughead is automatically substituted as Defendant in place of Admiral Michael Mullen, pursuant to Fed. R. Civ. P. 25(d)(1).
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III.

ALTERNATIVE DISPUTE RESOLUTION

On February 6, 2008, the Court issued two orders. The first granted in part and denied in part the Plaintiffs' motion for preliminary injunction ("Order"). The second referred this matter to the Honorable Joseph C. Spero for a conference to negotiate the scope of the preliminary injunction consistent with the findings and instructions in the Order. Pursuant to Judge Spero's February 15, 2008 Notice of Settlement Conference and Settlement Conference Order, the Parties participated in a settlement conference on March 26, 2008. On April 9, 2008, the Parties filed a Stipulated Request to Amend Interim Preliminary Injunctive Relief and Stay Schedule, which the Court approved on April 14, 2008 in its Order re: Stipulated Request to Amend Interim Preliminary Injunctive Relief and Stay Schedule. Pursuant to the Court's April 14 Order, the Parties participated in a second settlement conference on May 27, 2008. At the May 27 settlement conference, the Parties agreed in principle to settle the case, as reflected in Judge Spero's May 27, 2008 Civil Minute Order. The Parties are currently in the process of memorializing the agreement reached at the May 27 settlement conference. Any final settlement remains subject to the review and approval of Plaintiffs and the appropriate supervisory officials at the Department of Justice, the Navy, and NOAA. IV. ADMINISTRATIVE RECORD, DISCOVERY, AND MOTIONS

Because the Parties have reached an agreement in principle to settle this case, the Parties also agree that compilation of an administrative record, discovery, and further motions are not appropriate at this time. V. SCHEDULING

Because the Parties have agreed in principle to settle this case, the Parties request that the Court take the Case Management Conference scheduled for June 10, 2008 off calendar while the Parties negotiate a stipulation regarding the terms of the settlement and Defendants undertake their necessary review and approval processes. If the Parties are unable to reach an agreement through the meet and confer process, the Parties will request that the Court reschedule the Case Management Conference.
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VI.

MOTIONS

Because the Parties have reached an agreement in principle to settle this case, the Parties do not anticipate any further motions at this time. The Parties reserve the right to file motions on the issue of attorneys' fees, if necessary. VII. SIGNATURE AND CERTIFICATION BY PARTIES AND LEAD TRIAL COUNSEL

Pursuant to Civil Local Rule16-12, each of the undersigned certifies that he or she has read the brochure entitled "Dispute Resolution Procedures in the Northern District of California," discussed the available dispute resolution options provided by the Court and private entities, and has considered whether this case might benefit from any of the available dispute resolution options. Respectfully submitted, Dated: June 3, 2008 MORRISON & FOERSTER LLP NATURAL RESOURCES DEFENSE COUNCIL, INC.

By: 16 17 18 19 20 21 22 23 24 25 26 27 28 By: Dated: June 3, 2008

/s/ Robin S. Stafford Robin S. Stafford Attorneys for Plaintiffs NATURAL RESOURCES DEFENSE COUNCIL, INC.; THE HUMANE SOCIETY OF THE UNITED STATES; CETACEAN SOCIETY INTERNATIONAL; LEAGUE FOR COASTAL PROTECTION; OCEAN FUTURES SOCIETY; and JEAN-MICHEL COUSTEAU

RONALD J. TENPAS Assistant Attorney General United States Department of Justice Environment & Natural Resources Division JEAN E. WILLIAMS, Chief KRISTEN L. GUSTAFSON, Senior Trial Attorney Wildlife & Marine Resources Section GUILLERMO A. MONTERO, Trial Attorney Natural Resources Section United States Department of Justice Environment & Natural Resources Division

/s/ Kristen L. Gustafson Kristen L. Gustafson Counsel for Federal Defendants 3

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