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Case 1:18-cv-01375-RDM Document 8 Filed 08/24/18 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF COLUMBIA

__________________________________________
)
CENTER FOR BIOLOGICAL DIVERSITY, )
)
Plaintiff, )
)
v. ) Case No. 1:18-cv-1375 RDM
)
RYAN ZINKE, in his official capacity as )
Secretary of the U.S. Department of the )
Interior, et al., )
)
Defendants. )
__________________________________________)

UNOPPOSED MOTION TO STAY PROCEEDINGS

Defendants respectfully request a stay of proceedings in this case until January 31, 2019.

In support of the stay, Defendants state:

1. On April 9, 2018, Plaintiff Center for Biological Diversity submitted a notice of intent

to sue to the U.S. Fish and Wildlife Service (FWS) for its alleged failure to timely designate

critical habitat for the spring pygmy sunfish, which was listed as a threatened species under the

Endangered Species Act (ESA) on October 2, 2013. FWS responded by letter dated June 4,

2018, in which it indicated its intent to complete the critical habitat designation by January 31,

2019. The letter also stated that new information on a discovery of the sunfish in a new area

would require reopening of the proposed critical habitat designation for public comment.

2. On June 11, 2018, Plaintiff filed its complaint, alleging Defendants violated the ESA

and/or the Administrative Procedure Act (APA) by missing the statutory deadline to designate

critical habitat for the spring pygmy sunfish. ECF No. 1 ¶¶ 50-54.
Case 1:18-cv-01375-RDM Document 8 Filed 08/24/18 Page 2 of 3

3. FWS is in the process of completing the critical habitat designation, and expects to

submit the final designation to the Office of the Federal Register by January 31, 2019.

4. FWS will promptly notify Plaintiff and the Court when FWS submits the final critical

habitat designation to the Office of the Federal Register.

5. If this action is stayed pursuant to this motion, this stay will expire upon FWS’s

submission to the Federal Register of the critical habitat designation, or on February 1, 2019,

whichever is sooner.

6. Upon FWS’s submission to the Office of the Federal Register of the final critical

habitat designation, the Parties will confer and, within 14 days, will file a joint status report

regarding any further proceedings, unless Plaintiff files a voluntary dismissal.

7. If FWS learns that it is unable to submit the final critical habitat designation by

January 31, 2019, Defendants’ counsel will promptly confer with Plaintiff’s counsel.

8. Counsel for Defendants has conferred with counsel for Plaintiff regarding this motion,

and counsel for Plaintiff has stated that Plaintiff does not oppose this motion.

For these reasons, Defendants request the Court stay all proceedings in this case to allow

FWS to complete the final critical habitat designation by January 31, 2019, and avoid expending

the Parties’ or the Court’s resources with potentially unnecessary filings. Landis v. North

American Co., 299 U.S. 248, 255 (1936) (“[T]he power to stay proceedings is incidental to the

power inherent in every court to control the disposition of the cases on its docket with economy

of time and effort for itself, for counsel, and for litigants.”).

Pursuant to Local Rule 7(c), a proposed order is attached.

Dated: August 24, 2018 Respectfully submitted,

JEFFREY H. WOOD

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Case 1:18-cv-01375-RDM Document 8 Filed 08/24/18 Page 3 of 3

Acting Assistant Attorney General


SETH M. BARSKY
Chief
MEREDITH L. FLAX
Assistant Section Chief

/s/ Frederick H. Turner


FREDERICK H. TURNER
Trial Attorney
U.S. Department of Justice
Environment and Natural Resources Division
Wildlife and Marine Resources Section
Ben Franklin Station, P.O. Box 7611
Washington, D.C. 20044-7611
Phone: (202) 305-0641
Fax: (202) 305-0275
Email: frederick.turner@usdoj.gov

Attorneys for Defendants