Central Sierra Environmental Resource Center et al v. Stanislaus National Forest et al

Filing 19

JOINT STIPULATION AND ORDER TO MODIFY PAGE LIMITS AND CONTINUE PLEADINGS DEADLINES AND DATE OF SCHEDULING CONFERENCE signed by Chief Judge Lawrence J. O'Neill on June 1, 2017. (Munoz, I)

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JEFFREY H. WOOD
Acting Assistant Attorney General
Environment and Natural Resources Division
LAUREN D. ADKINS
[e-mail]
Tel: [phone]
MICHAEL C. MARTINEZ (Cal. Bar No. 275581)
[e-mail]
Tel: [phone]
TRAVIS ANNATOYN
[e-mail]
Tel: [phone]
U.S. Department of Justice
Environment and Natural Resources Division
P.O. Box 7611
Washington, D.C. 20044-7611

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Attorneys for Federal Defendants

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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CENTRAL SIERRA
ENVIRONMENTAL RESOURCE
CENTER, ET AL.
Plaintiffs
v.

No. 1:17-cv-00441-LJO-SAB
JOINT STIPULATION AND ORDER TO
MODIFY PAGE LIMITS AND CONTINUE
PLEADINGS DEADLINES AND DATE OF
SCHEDULING CONFERENCE

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STANISLAUS NATIONAL FOREST,
ET AL.

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Defendants.

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As set forth below, Plaintiffs Central Sierra Environmental Resource Center and
Sierra Forest Legacy, and Defendants Jeanne M. Higgins, Stanislaus National Forest and

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the United States Forest Service hereby respectfully request that the Court amend the

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schedule in this matter. In particular, the parties request that the Court enter a schedule

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providing that (1) Plaintiffs shall move to amend their Complaint to add any claims under

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the Endangered Species Act (“ESA”) by June 30, 2017; (2) Defendants shall file a
motion to dismiss Plaintiffs’ Complaint or Amended Complaint by July 30, 2017; (3) the
Scheduling Conference currently set for June 27, 2017 is continued until resolution of
Defendants’ motion to dismiss; and (4) the page limits for briefing on Defendants’

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motion to dismiss shall be 40 pages (for opening and responsive briefs) and 20 pages (for

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Defendants’ reply brief). In support of this motion, the parties state as follows:

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1.

This lawsuit is a challenge to certain grazing activities on three cattle

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grazing allotments on the Stanislaus National Forest. Plaintiffs’ Complaint includes

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claims for relief under the Clean Water Act (“CWA”), the National Forest Management

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Act (“NFMA”), and the Rescissions Act.

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2.

Plaintiffs served their Complaint on the United States Attorney for the

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Eastern District of California on April 5, 2017. Pursuant to Federal Rule of Civil

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Procedure 12(a)(2), Defendants’ responsive pleading is due on June 5, 2017.

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3.

The Court has set a Scheduling Conference for June 27, 2017.

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By letter dated April 12, 2017, Plaintiffs sent a notice of intent to sue under

the ESA. See 16 U.S.C §1540(g)(2)(A).

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5.

Plaintiffs may move to amend their Complaint to include claims for relief

under the ESA.

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6.

Defendants anticipate moving to dismiss some or all of Plaintiffs’ claims

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under the CWA, NFMA, and the Rescissions Act, and may move to dismiss any ESA

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claim[s] set forth in amended pleadings filed by Plaintiffs.

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7.

Any motion to dismiss is likely to involve substantial briefing, since

Plaintiffs’ lawsuit implicates at least three environmental statutes.
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Judicial economy is best served by avoiding premature scheduling

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conferences.
9.

Accordingly, the parties respectfully request that the Court enter a schedule

providing that (1) Plaintiffs shall move to amend their Complaint with any claims under
the ESA by June 30, 2017; (2) Defendants shall file their motion to dismiss Plaintiffs’

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Complaint or Amended Complaint by July 30, 2017; (3) the initial status conference

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currently scheduled for June 27, 2017 is continued until resolution of Defendants’ motion

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to dismiss; and (4) the page limits for briefing on Defendants’ motion to dismiss shall be

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40 pages (for opening and responsive briefs) and 20 pages (for Defendants’ reply brief).
10.

In requesting this schedule, the parties do not waive any claim or defense

with respect to pleadings. In particular, Defendants consent under Federal Rule of Civil

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Procedure 15(a)(1)(B) to Plaintiffs amending their pleadings in response to Defendants’
motion to dismiss.

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Respectfully submitted this 31st day of May, 2017.
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JEFFREY H. WOOD
Acting Assistant Attorney General
Environment and Natural Resources Division

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/s/ Lauren D. Adkins
LAUREN D. ADKINS
[e-mail]
Trial Attorney
United States Department of Justice
Environment and Natural Resources Division
Natural Resources Section
P.O. Box 7611
Washington, D.C. 20044-7611
Phone: [phone]
Fax: [phone]

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/s/ Michael C. Martinez
MICHAEL C. MARTINEZ (Cal. Bar No. 275581)
[e-mail]
Trial Attorney
United States Department of Justice
Environment and Natural Resources Division
Environmental Defense Section
P.O. Box 7611
Washington, D.C. 20044-7611
Phone: [phone]
Fax: [phone]

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Attorneys for Federal Defendants

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/s/ Michael W. Graf
Michael W. Graf (SBN 136172)
Peter M.K. Frost, pro hac vice

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Attorneys for Plaintiffs

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Pursuant to the stipulation of the parties, IT IS SO ORDERED.
IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

June 1, 2017

UNITED STATES CHIEF DISTRICT JUDGE

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