Sequoia ForestKeeper et al v. Carlson et al
Filing
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ORDER RE STIPULATION FOR DISPENSING WITH STATEMENTS OF UNDISPUTED FACTS. Signed by Magistrate Judge Stanley A. Boone on 6/19/2018. (Hernandez, M)
1 RENÉ P. VOSS (CA Bar No. 255758)
Natural Resources Law
2 15 Alderney Road
San Anselmo, CA 94960
3 Phone: (415) 446-9027
Email: renepvoss@gmail.com
4 LEAD COUNSEL
5 MATT KENNA (CO Bar No. 22159)
Public Interest Environmental Law
6 679 E. 2nd Ave., Suite 11B
Durango, CO 81301
7 Phone: (970) 749-9149
Email: matt@kenna.net
8 Pro Hac Vice
9 Attorneys for Plaintiffs
10 MCGREGOR W. SCOTT
United States Attorney
11 JOSEPH B. FRUEH
Assistant United States Attorney
12 501 I Street, Suite 10-100
Sacramento, CA 95814
13 E-mail:joseph.frueh@usdoj.gov
Telephone: (916) 554-2702
14 Facsimile: (916) 554-2900
15 Attorneys for Federal Defendants
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IN THE UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SEQUOIA FORESTKEEPER, et al.,
Plaintiffs,
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ORDER RE STIPULATION FOR DISPENSING
WITH STATEMENTS OF UNDISPUTED FACTS
v.
(ECF No. 24)
23 ANN CARLSON, in her official capacity as
the Forest Supervisor of the Sequoia National
24 Forest, et al.,
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Case No. 1:18−CV−00331−LJO−SAB
Federal Defendants.
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STIPULATION AND PROPOSED ORDER
IT IS HEREBY STIPULATED, by and among the parties and subject to Court approval, that the
3 parties need not file and respond to Statements of Undisputed Facts in connection with their anticipated
4 cross-motions for summary judgment in this action. The reasons for this stipulation are as follows:
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1.
Plaintiffs Sequoia ForestKeeper and Earth Island Institute allege that the United States
6 Forest Service and the Forest Supervisor of the Sequoia National Forest (“Federal Defendants”) violated
7 the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4332, by authorizing the Spear Creek
8 Roadside Hazard Tree Mitigation Project.
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2.
NEPA does not provide a private cause of action, and the Court must resolve Plaintiffs’
10 contentions pursuant to the Administrative Procedure Act (“APA”), 5 U.S.C. § 702, based on the
11 administrative record lodged by Federal Defendants. Earth Island Inst. v. U.S. Forest Serv., 697 F.3d
12 1010, 1013 (9th Cir. 2012).
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3.
“Local Rule 260(e) [currently 260(a)] directs that each [summary judgment] motion shall
14 be accompanied by a ‘Statement of Undisputed Facts’ that shall enumerate each of the specific material
15 facts on which the motion is based and cite the particular portions of any document relied upon to
16 establish that fact. In APA cases, such statements are generally redundant because all relevant facts are
17 contained in the agency’s administrative record.” San Joaquin River Grp. Auth. v. Nat’l Marine
18 Fisheries Serv., 819 F. Supp. 2d 1077, 1084 (E.D. Cal. 2011); see W. Watersheds Project v. Bureau of
19 Land Mgmt., 971 F. Supp. 2d 957, 968–69 (E.D. Cal. 2013). Consequently, “requests to dispense with
20 the requirement of filing a statement of facts are routinely granted in this District.” San Joaquin River
21 Grp. Auth., 819 F. Supp. 2d at 1084; Pinnacle Armor, Inc. v. United States, No. 07-1655, 2013 WL
22 5947340, at *7 (E.D. Cal. Nov. 4, 2013) (O’Neill, J.).
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4.
For the foregoing reasons, the parties respectfully request approval to dispense with
2 Local Rule 260’s requirement to file and respond to Statements of Undisputed Facts in connection with
3 their cross-motions for summary judgment.
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5 Dated:
June 19, 2018
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/s/ René Voss
RENÉ P. VOSS
MATT KENNA, Pro Hac Vice
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Attorneys for Plaintiffs
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MCGREGOR W. SCOTT
United States Attorney
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By:
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/s/ Joseph Frueh (authorized on 6/19/2018)
JOSEPH B. FRUEH
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
E-mail:joseph.frueh@usdoj.gov
Telephone:
(916) 554-2702
Facsimile:
(916) 554-2900
Attorneys for Federal Defendants
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As this action arises under the Administrative Procedures Act, the stipulation to dispense with
18 the requirement that the parties file and respond to a statement of undisputed facts in connection with
19 their cross-motions for summary judgment is approved.
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IT IS SO ORDERED.
22 Dated:
June 19, 2018
UNITED STATES MAGISTRATE JUDGE
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