Sequoia ForestKeeper et al v. Carlson et al

Filing 25

ORDER RE STIPULATION FOR DISPENSING WITH STATEMENTS OF UNDISPUTED FACTS. Signed by Magistrate Judge Stanley A. Boone on 6/19/2018. (Hernandez, M)

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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 16 IN THE UNITED STATES DISTRICT COURT 17 EASTERN DISTRICT OF CALIFORNIA 18 19 20 21 22 SEQUOIA FORESTKEEPER, et al., Plaintiffs, 26 27 28 30 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., 25 Case No. 1:18−CV−00331−LJO−SAB Federal Defendants. 1 2 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: 5 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. 9 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). 13 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.). 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 30 1 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. 4 5 Dated: June 19, 2018 6 /s/ René Voss RENÉ P. VOSS MATT KENNA, Pro Hac Vice 7 Attorneys for Plaintiffs 8 MCGREGOR W. SCOTT United States Attorney 9 10 By: 11 12 13 14 /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 15 16 17 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. 20 21 IT IS SO ORDERED. 22 Dated: June 19, 2018 UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2 30

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