Sequoia ForestKeeper et al v. Carlson et al

Filing 30

STIPULATION AND ORDER FOR STAYING BRIEFING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT PENDING APPEAL IN RELATED CASE signed by Chief Judge Lawrence J. O'Neill on July 25, 2018. (Munoz, I)

1 RENÉ P. VOSS (CA Bar No. 255758)
Natural Resources Law
2 15 Alderney Road
San Anselmo, CA 94960
3 Phone: [phone]
Email: [e-mail]
4 LEAD COUNSEL
5 MATT KENNA (CO Bar No. 22159), Pro Hac Vice
Public Interest Environmental Law
6 679 E. 2nd Ave., Suite 11B
Durango, CO 81301
7 Phone: [phone]
Email: [e-mail]
8
Attorneys for Plaintiffs
9
Counsel for Federal Defendants and
10 Intervenor-Defendant Listed on Signature Page
11
12

IN THE UNITED STATES DISTRICT COURT

13

EASTERN DISTRICT OF CALIFORNIA

14 SEQUOIA FORESTKEEPER, et al.,

Case No. 1:18-cv-00331-LJO-SAB

15

STIPULATION AND ORDER FOR STAYING
BRIEFING ON CROSS-MOTIONS FOR
SUMMARY JUDGMENT PENDING APPEAL
IN RELATED CASE

Plaintiffs,

16

v.

17

TERESA BENSON,1 in her official capacity as
18 the Forest Supervisor of the Sequoia National
Forest, et al.,
19
20

Federal Defendants,

21

and

22 SIERRA FOREST PRODUCTS, a California
Corporation,
23
Intervenor-Defendant.

24
25
26
27

1

By operation of Federal Rule of Civil Procedure 25(d), Teresa Benson is automatically
28 substituted in lieu of her predecessor in office.

30

1

STIPULATION AND PROPOSED ORDER

2

IT IS HEREBY STIPULATED, by and among the parties and subject to Court approval, that:

3

(1)

Briefing on the parties’ cross-motions for summary judgment, as set forth in the Court’s

4

Scheduling Order (ECF No. 17), shall be stayed pending a decision on the appeal to be

5

filed in the related case Earth Island Institute, et al. v. Kevin Elliott, et al., E.D. Cal. Case

6

No. 1:17-cv-01320-LJO-SAB (“the Bull Run case” or “Bull Run”).

7

(2)

8

The parties shall file a Joint Status Report within 60 days of the Ninth Circuit’s issuance
of the mandate in the Bull Run case regarding how the instant action should proceed.

9

The reasons for this Stipulation and Proposed Order are as follows:

10

In this action, Plaintiffs Sequoia ForestKeeper and Earth Island Institute allege that the United

11 States Forest Service violated the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4332, by
12 authorizing the Spear Creek Hazard Tree Mitigation Project in the Sequoia National Forest. Plaintiffs
13 specifically allege that the Forest Service violated NEPA by approving the project pursuant to
14 Categorical Exclusions rather than preparing an Environmental Assessment or Environmental Impact
15 Statement. Plaintiffs further allege that the Forest Service violated NEPA by failing to explain why the
16 project’s potentially adverse effects on Pacific fishers and California spotted owls are not significant.
17

Plaintiffs alleged identical NEPA claims in the Bull Run case, in which this Court granted

18 summary judgment in favor of the Forest Service and Sierra Forest Products on July 9, 2018. Plaintiffs
19 will file a Notice of Appeal in the Bull Run case on or before July 31, 2018. The parties anticipate that
20 the outcome of the appeal in the Bull Run case may affect the outcome of the instant action challenging
21 the Spear Creek project.
22 ///
23 ///
24 ///
25 ///
26 ///
27 ///
28 ///

30

STIP. & ORDER STAYING BRIEFING ON CROSS-MOTS. FOR
SUMM. J. PENDING APPEAL IN RELATED CASE

1

1

Accordingly, the parties believe that staying briefing in this case pending resolution of the Bull

2 Run appeal will conserve judicial resources and secure the just, speedy, and inexpensive determination
3 of this action. See Fed. R. Civ. P. 1; see also Landis v. N. Am. Co., 299 U.S. 248, 254 (1936) (“[T]he
4 power to stay proceedings is incidental to the power inherent in every court to control the disposition of
5 the causes on its docket with economy of time and effort for itself, for counsel, and for litigants.”).
6 Dated: July 20, 2018
7

/s/ René P. Voss
(authorized on 7/19/2018)
RENÉ P. VOSS
MATT KENNA, Pro Hac Vice

8

Attorneys for Plaintiffs

9

MCGREGOR W. SCOTT
United States Attorney

10
By:

14

/s/ Joseph B. Frueh
JOSEPH B. FRUEH
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
E-mail:[e-mail]
Telephone:
[phone]
Facsimile:
[phone]

15

Attorneys for Federal Defendants

16

/s/ Sara Ghafouri
(authorized on 7/19/2018)
Sara Ghafouri, Pro Hac Vice
American Forest Resource Council
5100 S.W. Macadam, Suite 350
Portland, Oregon 97239
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

11
12
13

17
18
19
20

Thomas C. Brodersen
WILLIAMS, BRODERSEN & PRITCHETT LLP
2222 West Main Street
Visalia, California 93291
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

21
22
23
24

Attorneys for Defendant-Intervenor

25
26
27

IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

July 25, 2018

UNITED STATES CHIEF DISTRICT JUDGE
28

30

STIP. & ORDER STAYING BRIEFING ON CROSS-MOTS. FOR
SUMM. J. PENDING APPEAL IN RELATED CASE

2