Deep Sea Fishermen's Union of the Pacific v. United States Department of Commerce ( 2022 )

1 District Judge John C. Coughenour 2 3 4 5 6 7 UNITED STATES DISTRICT COURT FOR THE 8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 DEEP SEA FISHERMAN’S UNION OF Case No. 2:21-cv-00452-JCC THE PACIFIC, 11 STIPULATED MOTION FOR Plaintiff, EXTENSION OF TIME 12 13 v. NOTED FOR CONSIDERATION: NOVEMBER 3, 2022 14 UNITED STATES DEPARTMENT OF COMMERCE, NATIONAL OCEANIC AND 15 ATMOSPHERIC ADMINISTRATION, and NATIONAL MARINE FISHERIES 16 SERVICE, 17 Defendants. 18 19 Plaintiff, Deep Sea Fisherman’s Union of the Pacific, and Defendants, United States 20 Department of Commerce, National Oceanic and Atmospheric Administration, and National 21 Marine Fisheries Service (collectively “Government”), by and through their counsel of record, 22 pursuant to Federal Rule of Civil Procedure 6 and Local Rules 10(g) and 16, jointly stipulate and 23 move for an extension of Plaintiff’s time to respond to Defendants’ pending Motion for 24 Summary Judgment (MSJ, Dkt. 46) until December 12, 2022. Plaintiff’s opposition is currently 25 due on November 7, 2022. Dkt. 52. Further, the parties jointly stipulate and move to stay all 26 other dates pending the Court’s ruling on Defendant’s MSJ, as set forth in the Court’s Order at 27 Dkt. 37. 28 1 A court may modify a deadline for good cause. Fed. R. Civ. P. 6(b). Continuing pretrial 2 and trial dates is within the discretion of the trial judge. See King v. State of California, 3 784 F.2d 910, 912 (9th Cir. 1986). 4 The parties submit there is good cause for an extension of the deadline. Plaintiff’s Lead 5 counsel, Spencer Thal, recently suffered a stroke and has been in recovery. The additional time 6 will allow co-counsel to become better familiar with the case and respond to the MSJ. Further, 7 because this is a FOIA matter, which are most often resolved at the summary judgment stage, it 8 is unlikely that any trial dates will ever be necessary. Staying these dates will allow the parties 9 to conserve resources. 10 Therefore, the parties stipulate and agree to the following: 11 1. The MSJ will be renoted for December 16, 2022, with Plaintiff’s opposition due 12 December 12, 2022, and the Defendants’ reply due December 16, 2022; and 13 2. All other future dates will be stayed pending the Court’s ruling on the MSJ. 14 15 DATED this 3rd day of November, 2022. 16 VANGUARD LAW, LLC NICHOLAS W. BROWN 17 United States Attorney 18 s/ Zachariah Nathan William Thal s/ Nickolas Bohl 19 Zachariah Nathan William Thal, WSBA No. 55462 Nickolas Bohl, WSBA No. 48978 Vanguard Law, LLC Assistant United States Attorney 20 P.O. Box 939 United States Attorney’s Office Poulsbo, Washington 98370 700 Stewart Street, Suite 5220 21 Phone: 206-488-8344 Seattle, Washington 98101-1271 22 Email: spencer@vanguardlawfirm.com Phone: 206-553-7970 Email: zach@vanguardlawfirm.com Fax: 206-553-4067 23 Email: nickolas.bohl@usdoj.gov Attorneys for Plaintiff 24 Attorneys for Defendants 25 26 27 28 1 ORDER 2 The parties having stipulated and agreed, it is hereby so ORDERED. 3 4 DATED this 3rd day of November 2022. A 5 6 7 John C. Coughenour 8 UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28