United States v. State of Washington

1 The Honorable Ricardo S. Martinez

5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 6 AT SEATTLE 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 STATE OF WASHINGTON, et al., SCHEDULING CONFERENCE AND Defendants. MOTION FOR RELIEF FROM DEADLINE

The Court, having fully considered the matter,1 hereby orders the following: 1. A telephonic scheduling conference will be held for status review of this case, including discussion of issues that have arisen since the Magistrate’s April 20, 2020 orders and permanent injunction as well as determination of the briefing schedule, including page limits, for this Court’s review under the Stipulation and Order Amending Shellfish Implementation The Court notes that no party has opposed the Jamestown S’Klallam Tribe and Port Gamble 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 relief requested. See LCR 7(b)(2).

ORDER ON REQUEST FOR SCHEDULING CONFERENCE AND MOTION, C70-9213, SUBPROCEEDING NO. 89-312 Plan, (April 8, 2002), 19 F. Supp. 1317, 1344 (W.D. Wash. 2000 (Order 2002)) (“SIP”). The date of the telephone conference will be Thursday, May 14, 2020, at 10:00 a.m. The call-in 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 at this conference, the Court need not rule on the S’Klallam’s request for relief from the filing deadline.

3. The deadlines described by the SIP’s review procedures, ¶ 9.1.4, will not commence until the February 24, 2020 stay (Dkt. #128) is lifted.

4. The stay (Dkt. #128) issued by this Court will not be lifted until after the telephone conference, described above, has occurred or the Court issues a scheduling order.

It is so ORDERED.

DATED this 5th day of May, 2020.

A RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE

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