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

Filing 39

PARTIES' JOINT STIPULATION AND ORDER REGARDING SECOND AMENDED COMPLAINT, MODIFYING PAGE LIMITS, AND CONTINUING PLEADINGS DEADLINE signed by Chief Judge Lawrence J. O'Neill on September 13, 2017. (Munoz, I)

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Michael W. Graf (SBN 136172)
Law Offices
227 Behrens Street
El Cerrito, California 94530
Telephone: [phone]
[e-mail]
Peter M.K. Frost, pro hac vice
Western Environmental Law Center
1216 Lincoln Street
Eugene, Oregon 97401
Telephone: [phone]
[e-mail]
Attorneys for Plaintiffs Central Sierra Environmental
Resource Center and Sierra Forest Legacy

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
CENTRAL SIERRA ENVIRONMENTAL
RESOURCE CENTER, et al.
Plaintiffs
v.

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STANISLAUS NATIONAL FOREST, et
al.
Defendants,

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CALIFORNIA FARM BUREAU, et al.
Defendant-Intervenors.

No. 1:17-cv-00441-LJO-SAB
PARTIES’ JOINT STIPULATION AND
ORDER REGARDING SECOND AMENDED
COMPLAINT, MODIFYING PAGE LIMITS,
AND CONTINUING PLEADINGS DEADLINE

Plaintiffs Central Sierra Environmental Resource Center, et al. (“Plaintiffs”), Defendants

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Jeanne M. Higgins,1 Stanislaus National Forest and the United States Forest Service, et al.

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(“Defendants”) and Defendant-Intervenors California Farm Bureau, et al. (“Defendant-

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Intervenors”) have conferred, and hereby stipulate to and respectfully request that the Court enter

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an order establishing the following terms for management of this case:

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On September 5, 2017, Plaintiffs filed a Second Amended Complaint. ECF No. 33. The

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parties disagree about the timeliness of the Second Amended Complaint. Plaintiffs contend that

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Defendants consented to the filing in a May 31, 2017 Stipulation (“May 31 Stipulation”). See

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ECF Nos. 18-19. Meanwhile Defendants contend that under the May 31 Stipulation, Defendants

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only consented to an amendment under Federal Rule of Civil Procedure 15(a)(1)(B)2 (see May

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31 Stip., ¶10), meaning that Plaintiffs could amend as a matter of course within 21 days of the

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filing of the Defendants’ motion to dismiss. Because Defendants filed a motion to dismiss on

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July 30, 2017 (ECF No. 27), Defendants contend that Plaintiffs’ 21-day period to amend their

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First Amended Complaint expired on August 21, 2017, whereas Plaintiffs filed the Second

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Amended Complaint on September 5, 2017, which under the local rules was the deadline for

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their response to the motion to dismiss.

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To avoid a protracted procedural argument and to promote judicial economy, Defendants

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and Defendant-Intervenors consent under Rule 15(a)(2) to the filing of the Second Amended

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Complaint.

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The parties agree as follows:

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1. That the motion hearing set for September 19, 2017, should be taken off calendar.

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2. On or before September 29, 2017, Defendants and Defendant-Intervenors will file

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motions to dismiss the second amended complaint, not to exceed 40 pages.

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Jeanne Higgins is no longer the Forest Supervisor for the Stanislaus National Forest. Scott
Tangenberg is the Acting Forest Supervisor and Jason Kuiken is set to become the Forest
Supervisor in late October 2017.
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Federal Rule of Civil Procedure 15(a)(1)(B) states that “[a] party may amend its pleading once
as a matter of course within . . . 21 days after service of a motion under Rule 12(b).”

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3. On or before October 13, 2017, Plaintiffs will file their responses to the motions to
dismiss, not to exceed 40 pages each.
4. On or before October 27, 2017, Defendants and Defendant-Intervenors will file their
replies, not to exceed 20 pages each.
5. The motions to dismiss shall be set for hearing on November 8, 2017, at 10 a.m., or as
soon thereafter as the matter may be heard.
6. Any further amendments to the pleadings shall be made pursuant to Rule 15(a)(2).
Date: September 11, 2017.

Respectfully submitted,

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

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Attorneys for Plaintiffs

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JEFFREY H. WOOD
Acting Assistant Attorney General
Environment and Natural Resources Division
/s/ Lauren D. Adkins
LAUREN D. ADKINS
[e-mail]
Tel: [phone]
MICHAEL C. MARTINEZ (Cal. Bar No. 275581)
[e-mail]
Tel: [phone]
TRAVIS ANNATOYN
[e-mail]
Tel: [phone]
Trial Attorneys
United States Department of Justice
Environment and Natural Resources Division
Natural Resources Section
P.O. Box 7611
Washington, D.C. 20044-7611
Fax: [phone]
Attorneys for Federal Defendants

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/s/ Scott W. Horngren
Scott W. Horngren, pro hac vice
Caroline Lobdell, pro hac vice
Shay S. Scott, pro hac vice

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Attorneys for Defendant-Intervenors

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Pursuant to the stipulation of the parties, IT IS SO ORDERED. The Clerk of Court is

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directed to terminate administratively the pending motions to dismiss (ECF Nos. 31 and 27).

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

September 13, 2017

UNITED STATES CHIEF DISTRICT JUDGE

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