WildEarth Guardians
v.
Sec'y of Commerce

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISIONJul 2, 2013
Case No. 8:13-cv-523-T-33EAJ (M.D. Fla. Jul. 2, 2013)

Case No. 8:13-cv-523-T-33EAJ

07-02-2013

WILDEARTH GUARDIANS, Plaintiff, v. SECRETARY OF COMMERCE, Defendant.


ORDER

This matter comes before the Court pursuant to Defendant's Unopposed Motion for an Extension of Time to Lodge the Administrative Record (Doc. # 25), filed on July 1, 2013. For the reasons that follow, the Court grants the Motion. Discussion

In this action, Plaintiff Wildearth Guardians challenges the Secretary of Commerce's decision not to list the Caribbean Electric Ray as a threatened or endangered species under the Endangered Species Act, 16 U.S.C. § 1531-1544. (Doc. # 1).

On May 24, 2013, this Court entered an Order establishing the deadline for the Secretary to lodge the Administrative Record and for the parties to file briefs. (Doc. # 24). At this juncture, the Secretary explains that it requires an additional 30 days to lodge the administrative record. The Court grants the extension and adjusts the deadlines in this case as follows:

+-----------------------------------------------------------------------------+ ¦August 8, 2013: ¦Defendant lodges and serves the AR; ¦ +-------------------+---------------------------------------------------------¦ ¦ ¦Plaintiff files its motion to supplement or complete the ¦ ¦ ¦AR, if any, or, alternatively, its motion for summary ¦ ¦ ¦judgment (limited to 25 pages); if Plaintiff files a ¦ ¦October 7, 2013: ¦motion to supplement or complete the AR, the parties' ¦ ¦ ¦briefing schedule shall be suspended, and Plaintiff's ¦ ¦ ¦motion for summary judgment will become due 30 days after¦ ¦ ¦the Court rules on Plaintiff's motion to supplement or ¦ ¦ ¦complete the AR; ¦ +-------------------+---------------------------------------------------------¦ ¦ ¦Defendant files its combined response to Plaintiff's ¦ ¦November 6, 2013: ¦motion for summary judgment and brief in support of its ¦ ¦ ¦cross-motion for summary judgment (limited to 25 pages); ¦ +-------------------+---------------------------------------------------------¦ ¦ ¦Plaintiff files its combined brief in response to ¦ ¦December 6, 2013: ¦Defendant's cross-motion for summary judgment and reply ¦ ¦ ¦in support of its motion for summary judgment (limited to¦ ¦ ¦10 pages); ¦ +-------------------+---------------------------------------------------------¦ ¦January 6, 2013: ¦Defendant files its reply brief in support of its ¦ ¦ ¦cross-motion for summary judgment (limited to 10 pages). ¦ +-----------------------------------------------------------------------------+

Accordingly, it is

ORDERED, ADJUDGED, and DECREED:

Defendant's Unopposed Motion for an Extension of Time to Lodge the Administrative Record (Doc. # 25) is GRANTED as set forth above.

DONE and ORDERED in Chambers, in Tampa, Florida, this 2nd day of July, 2013.

____________________________________


VIRGINIA M. HERNANDEZ COVINGTON


UNITED STATES DISTRICT JUDGE
Copies: All Counsel and Parties of Record