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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Center for Biological Diversity; Grand
Canyon Trust; Sierra Club; Kaibab Band of
Paiute Indians of the Kaibab Indian
Reservation; and the Havasupai Tribe,

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No. CV-09-8207-PCT-DGC
ORDER

Plaintiffs,

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vs.

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Ken Salazar, Secretary of the Interior;
United States Bureau of Land Management;
Denison Arizona Strip, LLC; and Denison
Mines (USA) Corp.,

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Defendants.

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On May 27, 2011, the Court issued an order granting summary judgment in favor

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of Defendants on claims one, two, three, and five of the third amended complaint.

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Doc. 163.

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consideration, and BLM was given until June 24, 2011 to revise its decision to apply a

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categorical exclusion to the free use permit. Id. at 26. BLM has submitted its revised

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decision. Doc. 165. A briefing schedule is in place for the parties to address the merits

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of claim four in light of the revised decision and any remedies the Court should impose if

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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

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Plaintiffs have filed a motion to vacate the briefing schedule (Doc. 168), and have

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requested expedited consideration given that briefing is set to begin on July 22, 2011 (see

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Doc. 163 at 27). The briefing schedule should be extended, Plaintiffs assert, to allow

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time for Defendants to supplement the administrative record and for Plaintiffs to

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supplement the third amended complaint with a new claim. Doc. 168 at 3. Plaintiff has

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filed a separate motion to supplement (Doc. 169), which the Federal Defendants

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purportedly oppose as unnecessary and futile.

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The Court will grant the motion to vacate the briefing schedule given the

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upcoming deadline of July 22, 2011. A telephonic hearing will be set for July 20, 2011

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at 11:00 a.m. to address how the case should proceed. Counsel for Plaintiff shall initiate

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the conference call.

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IT IS ORDERED:
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Plaintiffs’ motion to vacate briefing schedule and request for expedited

consideration (Doc. 168) are granted.

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2.

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vacated.

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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

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Plaintiff shall initiate the conference call.

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Dated this 15th day of July, 2011.

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