Center for Biological Diversity et al v. Salazar et al
ORDER granting 168 Motion to Vacate. A telephonic conference is set for 7/20/2011 at 11:00 a.m. Counsel for Plaintiff shall initiate the conference call. Signed by Judge David G Campbell on 7/15/2011.(NVO)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Center for Biological Diversity; Grand
Canyon Trust; Sierra Club; Kaibab Band of
Paiute Indians of the Kaibab Indian
Reservation; and the Havasupai Tribe,
Ken Salazar, Secretary of the Interior;
United States Bureau of Land Management;
Denison Arizona Strip, LLC; and Denison
Mines (USA) Corp.,
On May 27, 2011, the Court issued an order granting summary judgment in favor
of Defendants on claims one, two, three, and five of the third amended complaint.
consideration, and BLM was given until June 24, 2011 to revise its decision to apply a
categorical exclusion to the free use permit. Id. at 26. BLM has submitted its revised
decision. Doc. 165. A briefing schedule is in place for the parties to address the merits
of claim four in light of the revised decision and any remedies the Court should impose if
it grants summary judgment in favor of Plaintiffs. Doc. 163 at 27.
With respect to claim four, the case was remanded to BLM for further
Plaintiffs have filed a motion to vacate the briefing schedule (Doc. 168), and have
requested expedited consideration given that briefing is set to begin on July 22, 2011 (see
Doc. 163 at 27). The briefing schedule should be extended, Plaintiffs assert, to allow
time for Defendants to supplement the administrative record and for Plaintiffs to
supplement the third amended complaint with a new claim. Doc. 168 at 3. Plaintiff has
filed a separate motion to supplement (Doc. 169), which the Federal Defendants
purportedly oppose as unnecessary and futile.
The Court will grant the motion to vacate the briefing schedule given the
upcoming deadline of July 22, 2011. A telephonic hearing will be set for July 20, 2011
at 11:00 a.m. to address how the case should proceed. Counsel for Plaintiff shall initiate
the conference call.
IT IS ORDERED:
Plaintiffs’ motion to vacate briefing schedule and request for expedited
consideration (Doc. 168) are granted.
The briefing schedule set forth in the May 27, 2011 order (Doc. 163) is
A telephonic conference is set for July 20, 2011 at 11:00 a.m. Counsel for
Plaintiff shall initiate the conference call.
Dated this 15th day of July, 2011.
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