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

1 District Judge John C. Coughenour

UNITED STATES DISTRICT COURT FOR THE 8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE DEEP SEA FISHERMAN’S UNION OF Case No. 2:21-cv-00452-JCC THE PACIFIC, 11 STIPULATED MOTION FOR Plaintiff, EXTENSION OF TIME 13 v. NOTED FOR CONSIDERATION: NOVEMBER 3, 2022 UNITED STATES DEPARTMENT OF COMMERCE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, and NATIONAL MARINE FISHERIES SERVICE, Defendants.

19 Plaintiff, Deep Sea Fisherman’s Union of the Pacific, and Defendants, United States Department of Commerce, National Oceanic and Atmospheric Administration, and National Marine Fisheries Service (collectively “Government”), by and through their counsel of record, pursuant to Federal Rule of Civil Procedure 6 and Local Rules 10(g) and 16, jointly stipulate and move for an extension of Plaintiff’s time to respond to Defendants’ pending Motion for Summary Judgment (MSJ, Dkt. 46) until December 12, 2022. Plaintiff’s opposition is currently due on November 7, 2022. Dkt. 52. Further, the parties jointly stipulate and move to stay all other dates pending the Court’s ruling on Defendant’s MSJ, as set forth in the Court’s Order at Dkt. 37.

1 A court may modify a deadline for good cause. Fed. R. Civ. P. 6(b). Continuing pretrial and trial dates is within the discretion of the trial judge. See King v. State of California, 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 counsel, Spencer Thal, recently suffered a stroke and has been in recovery. The additional time will allow co-counsel to become better familiar with the case and respond to the MSJ. Further, because this is a FOIA matter, which are most often resolved at the summary judgment stage, it is unlikely that any trial dates will ever be necessary. Staying these dates will allow the parties 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.

15 DATED this 3rd day of November, 2022.

VANGUARD LAW, LLC NICHOLAS W. BROWN United States Attorney s/ Zachariah Nathan William Thal s/ Nickolas Bohl Zachariah Nathan William Thal, WSBA No. 55462 Nickolas Bohl, WSBA No. 48978 Vanguard Law, LLC Assistant United States Attorney P.O. Box 939 United States Attorney’s Office Poulsbo, Washington 98370 700 Stewart Street, Suite 5220 Phone: 206-488-8344 Seattle, Washington 98101-1271 Email: [email protected] Phone: 206-553-7970 Email: [email protected] Fax: 206-553-4067 23 Email: [email protected] Attorneys for Plaintiff 24 Attorneys for Defendants

1 ORDER 2 The parties having stipulated and agreed, it is hereby so ORDERED.

4 DATED this 3rd day of November 2022.

A John C. Coughenour UNITED STATES DISTRICT JUDGE