Center for Biological Diversity et al v. Salazar et al

Filing 171

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)

Download PDF
1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 Center for Biological Diversity; Grand Canyon Trust; Sierra Club; Kaibab Band of Paiute Indians of the Kaibab Indian Reservation; and the Havasupai Tribe, 11 No. CV-09-8207-PCT-DGC ORDER Plaintiffs, 12 vs. 13 Ken Salazar, Secretary of the Interior; United States Bureau of Land Management; Denison Arizona Strip, LLC; and Denison Mines (USA) Corp., 14 15 Defendants. 16 17 On May 27, 2011, the Court issued an order granting summary judgment in favor 18 of Defendants on claims one, two, three, and five of the third amended complaint. 19 Doc. 163. 20 consideration, and BLM was given until June 24, 2011 to revise its decision to apply a 21 categorical exclusion to the free use permit. Id. at 26. BLM has submitted its revised 22 decision. Doc. 165. A briefing schedule is in place for the parties to address the merits 23 of claim four in light of the revised decision and any remedies the Court should impose if 24 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 25 Plaintiffs have filed a motion to vacate the briefing schedule (Doc. 168), and have 26 requested expedited consideration given that briefing is set to begin on July 22, 2011 (see 27 Doc. 163 at 27). The briefing schedule should be extended, Plaintiffs assert, to allow 28 1 time for Defendants to supplement the administrative record and for Plaintiffs to 2 supplement the third amended complaint with a new claim. Doc. 168 at 3. Plaintiff has 3 filed a separate motion to supplement (Doc. 169), which the Federal Defendants 4 purportedly oppose as unnecessary and futile. 5 The Court will grant the motion to vacate the briefing schedule given the 6 upcoming deadline of July 22, 2011. A telephonic hearing will be set for July 20, 2011 7 at 11:00 a.m. to address how the case should proceed. Counsel for Plaintiff shall initiate 8 the conference call. 9 10 11 IT IS ORDERED: 1. Plaintiffs’ motion to vacate briefing schedule and request for expedited consideration (Doc. 168) are granted. 12 2. 13 vacated. 14 3. 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 15 Plaintiff shall initiate the conference call. 16 Dated this 15th day of July, 2011. 17 18 19 20 21 22 23 24 25 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?