United States v. State of Washington

Opinion

1 The Honorable Ricardo S. Martinez

4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 6 AT SEATTLE

7 UNITED STATES OF AMERICA, et al., Case No. 2:70-CV-09213 8 Plaintiffs, Subproceeding No. 89-3-12 (Shellfish) 9 vs. ORDER ON REQUEST FOR 10 STATE OF WASHINGTON, et al., SCHEDULING CONFERENCE AND Defendants. MOTION FOR RELIEF FROM DEADLINE 11

13 The Court, having fully considered the matter,1 hereby orders the following: 14 1. A telephonic scheduling conference will be held for status review of this case, 15 including discussion of issues that have arisen since the Magistrate’s April 20, 2020 orders and 16 permanent injunction as well as determination of the briefing schedule, including page limits, 17 for this Court’s review under the Stipulation and Order Amending Shellfish Implementation 18 19 1 The Court notes that no party has opposed the Jamestown S’Klallam Tribe and Port Gamble 20 S’Klallam Tribe’s motion. Pursuant to Local Civil Rule 7, the Court takes the failure of any party to oppose the motion as a concession that the motion has merit, and accordingly grants the 21 relief requested. See LCR 7(b)(2).

ORDER ON REQUEST FOR 22 SCHEDULING CONFERENCE AND MOTION, C70-9213, 23 SUBPROCEEDING NO. 89-312 1 Plan, (April 8, 2002), 19 F. Supp. 1317, 1344 (W.D. Wash. 2000 (Order 2002)) (“SIP”). The 2 date of the telephone conference will be Thursday, May 14, 2020, at 10:00 a.m. The call-in 3 information for participating parties is:

4  Conference Bridge Line: 888-251-2909 5  Access Code: 1307658 # 2. Given that the briefing deadlines for the Petition for Review will be determined 6 at this conference, the Court need not rule on the S’Klallam’s request for relief from the filing 7 deadline. 8 3. The deadlines described by the SIP’s review procedures, ¶ 9.1.4, will not 9 commence until the February 24, 2020 stay (Dkt. #128) is lifted. 10 4. The stay (Dkt. #128) issued by this Court will not be lifted until after the 11 telephone conference, described above, has occurred or the Court issues a scheduling order. 12 It is so ORDERED. 13

14 DATED this 5th day of May, 2020. 15

16 A 17 RICARDO S. MARTINEZ 18 CHIEF UNITED STATES DISTRICT JUDGE

20 21

ORDER ON REQUEST FOR 22 SCHEDULING CONFERENCE AND MOTION, C70-9213, 23 SUBPROCEEDING NO. 89-312