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Center for Food Safety v. U.S. Army Corps of Engineers

United States District Court, W.D. Washington

April 5, 2018

CENTER FOR FOOD SAFETY, a non-profit corporation, Plaintiff,
v.
U.S. ARMY CORPS OF ENGINEERS, ET AL., Defendants, and PACIFIC COAST SHELLFISH GROWERS ASSOCIATION, Intervenor-Defendant THE COALITION TO PROTECT PUGET SOUND HABITAT, a non-profit Corporation, Plaintiff,
v.
U.S. ARMY CORPS OF ENGINEERS, ET Defendants, and TAYLOR SHELLFISH COMPANY, INC., Intervenor-Defendant

          CENTER FOR FOOD SAFETY George A. Kimbrell Amy Van Saun Counsel for Plaintiff Center for Food Safety LAW OFFICE OF KARL G. ANUTA, P.C. Karl G. Anuta, LANDYE BENNETT, BLITMSTEIN Counsel for Plaintiff Coalition to Protect Puget

          Sound Habitat Jeffrey H. Wood Acting Assistant Attorney General Environment and Natural Resources Division U.S. Department of Justice Dedra S. Curteman Peter K. Dykema, Senior Trial Attorney Dedra S. Curteman, Trial Attorney Kent Hanson, Senior Trial Attorney Environmental Defense Section Mark Brown, Trial Attorney Wildlife and Marine Resources Counsel for Defendants

          Jesse G. DeNike Samuel W. Plauche, Amanda M. Carr, Jesse G. DeNike, Plauche & Carr LLP Counsel for Intervenor-Defendants Taylor Shellfish and PCSGA

          STIPULATED MOTION TO REVISE SCHEDULE FOR SUMMARY JUDGMENT BRIEFING AND [PROPOSED] ORDER

          ROBERT S. LASNIK UNITED STATES DISTRICT JUDGE

         1. On November 7, 2017 this Court issued a consolidated case management schedule for the actions Nos. 2:17-cv-01209 and 2:17-cv-00950.-Order, ECF No. 17. The parties have followed the schedule outlined in that order, culminating in Defendants' filing of Administrative Records for case No. 2:17-cv-01209 on March 14, 2018 (ECF No. 24) and for case No. 2:17-cv-00950 on March 14, 2018 (ECF No. 32). Based on the current schedule, opening summary judgment briefs would he due by April 12, 2018. In order to accommodate the various conflicts of counsel, the parties have agreed to the following proposed revised schedule for summary judgment briefing, which would extend the deadlines slightly, by 18 days, and otherwise retain the schedule previously stipulated and ordered. Parties respectfully move the Court to adopt the following case management deadlines:

April 30, 2018

All Plaintiffs' Motions For Summary Judgment due.[1]

July 23, 2018

Oppositions and cross-motions for summary judgment due. Defendants and Intervenors shall consult on briefing to avoid redundancy

October 5, 2018

Plaintiffs' replies and oppositions to cross-motions due.

November 19, 2018

Replies due. Defendants and Intervenors to consult on briefing to avoid redundancy.

Thereafter

Court sets Oral Argument on Cross Motions For Summary Judgment.

         2. Defendants and intervenors reserve the right to object to, move to strike, or otherwise oppose the proposed introduction of any extra record evidence in support of any claims made by any other party. Defendants and Intervenors are encouraged to file a single consolidated brief hi each action in response to the plaintiffs' motions for summary judgment.

         Respectfully submitted this 29th day of March, 2018 in Portland, Oregon.

         [PROPOSED] ORDER REVISING SCHEDULE FOR SUMMARY JUDGMENT BRIEFING

         This matter comes before the Court on the parties' "Stipulated Motion to Revise Schedule for Summary Judgment" filed in C16-0950RSL and C17-01209. The request is GRANTED, and the following case management deadlines will govern both C16-0950RSL and C17-01209:

April 30, 2018

All Plaintiffs' Motions For Summary Judgment due. [2]

July 23, 2018

Oppositions and cross-motions for summary judgment due. Defendants and Intervenors shall consult on briefing to avoid redundancy

October 5, 2018

Plaintiffs' replies and oppositions to cross-motions due.

November 19, 2018

Replies due. Defendants and Intervenors to consult on briefing to avoid redundancy.

Thereafter

Court sets Oral Argument on Cross Motions For Summary Judgment.

         Defendants and Interveners reserve the right to object to, move to strike, or otherwise oppose the proposed introduction of any extra record evidence in support of any claims made by any other party. Defendants and Interveners are encouraged to file a single consolidated brief in each action in response to the plaintiffs' motions for summary judgment.

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