2:04-cv-02114 | E.D. Cal. | Sep 15, 2008

Case 2:04-cv-02114-GEB-DAD Document 53 Filed 09/15/08 Page 1 of 3 1 ERIC E. HUBER, Colo. Bar No. 03SCC0024

SIERRA CLUB 1650 38th Street, Suite 102W Boulder, CO 80301 Telephone: (303) 449-5595 Facsimile: (303) 449-0740 KRISTIN HENRY, Cal. Bar No. 220908 PAT GALLAGHER, Cal. Bar No. 146105 SIERRA CLUB 85 Second Street, 2nd Floor San Francisco, CA 94105 Telephone: (415) 977-5709 Facsimile: (415) 977-5793 Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION SIERRA CLUB, INC. and SIERRA NEVADA Case No. Civ. S-04-2114 GEB DAD FOREST PROTECTION CAMPAIGN, Plaintiffs,

v. JOINT STATUS REPORT; STIPULATION AND DALE BOSWORTH, in his official capacity as [PROPOSED] ORDER Chief of the U.S. Forest Service; JOHN BERRY, in his official capacity as Forest Supervisor of the Eldorado National Forest; LAURIE TIPPIN, in her official capacity as Forest Supervisor of the Lassen National Forest; UNITED STATES FOREST SERVICE, an agency of the U.S. Department of Agriculture; ANN VENEMAN, in her official capacity as Secretary of the U.S. Dept. of Agriculture; and UNITED STATES DEPARTMENT OF AGRICULTURE, Defendants.

Case 2:04-cv-02114-GEB-DAD Document 53 Filed 09/15/08 Page 2 of 3 1 On August 12, 2008, the parties advised the Court that they are conferring over the appropriate resolution of this matter on remand, including but not limited to identifying the projects that are within the scope of the Court of Appeals’ instructions on remand. In the August 12, 2008 Joint Status Report, the parties stated that they would propose to the Court a procedure and schedule for resolution of this matter on remand by no later than September 12, 2008.

Defendants have provided a proposal to Plaintiffs who are continuing to prepare a response. The parties need additional time to confer over the appropriate resolution of this matter and believe that they will need an additional six weeks to determine if they can reach agreement. Therefore, the parties now anticipate proposing to the Court a procedure and schedule for resolution of this matter on remand as soon as possible, but no later than October 24, 2008.

Respectfully submitted this 11 th day of September 2008. ___ Eric E. Huber ______________________ ERIC E. HUBER, Colo. Bar No. 700024 Pro Hac Vice

SIERRA CLUB

2260 Baseline Road, Suite 105 Boulder, Colorado 80302 Telephone: (303) 449-5595 Facsimile: (303) 449-0740 _____Kristin A. Henry_ ____________________ KRISTIN A. HENRY, State Bar No. 220908 PAT GALLAGHER, State Bar No. 146105

SIERRA CLUB

85 Second Street, 2nd Floor San Francisco, CA 94105 Telephone: (415) 977-5709 Facsimile: (415) 977-5793

Case 2:04-cv-02114-GEB-DAD Document 53 Filed 09/15/08 Page 3 of 3 1 Attorneys for Plaintiffs

RONALD J. TENPAS

Assistant Attorney General Environment & Natural Resources Division ____Cynthia S. Huber_____________________

CYNTHIA S. HUBER

Assistant Chief Natural Resources Section Environment and Natural Resources Division United States Department of Justice Benjamin Franklin Station, P.O. Box 663 Washington, D.C. 20044-0663 Telephone: (202) 514-5273 Facsimile: (202) 305-0506 Cynthia.Huber@usdoj.gov Attorneys for Defendants

IT IS SO ORDERED.

Date: 9/12/08 _____________________________

District Judge