Friends of Tahoe Forest Access et al v. United States Department of Agriculture et al

Filing 30

CASE MANAGEMENT ORDER signed by Judge John A. Mendez on 4/5/13. (Meuleman, A)

1 M. REED HOPPER, No. 131291
E-mail: [e-mail]
2 THEODORE HADZI-ANTICH, No. 264663
E-mail: [e-mail]
3 Pacific Legal Foundation
930 G Street
4 Sacramento, California 95814
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Plaintiffs Friends of
Tahoe Forest Access, et al.
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930 G Street
Sacramento, CA 95814
[phone] FAX [phone]

P ACIFIC L EGAL F OUNDATION

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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13 FRIENDS OF TAHOE FOREST ACCESS, et al.,
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Plaintiffs,
v.

16 UNITED STATES DEPARTMENT OF
AGRICULTURE, et al.,
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Defendants,
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19 THE WILDERNESS SOCIETY, et al.,
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Defendants-Intervenors.

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[Proposed] Case Management Order
2:12-cv-01876-JAM-CKD

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No. 2:12-cv-01876-JAM-CKD
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) CASE MANAGEMENT ORDER
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) Judge: Honorable John A. Mendez
) Place: Courtroom 6
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1

In accordance with the Order of this Court granting intervention (ECF No. 25), this matter

2 shall be divided into two phases, a liability phase and a remedy phase. This Case Management
3 Order addresses the management of the case only during the liability phase. In due course, a
4 subsequent order will address the remedy phase, if any.
5 Briefing by Defendant-Intervenors
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During the liability phase of the case, Defendant-Intervenors The Wilderness Society, Mother

7 Lode Chapter of the Sierra Club, Forest Issues Group, Sierra Foothills Audubon Society, and
8 Public Employees for Environmental Responsibility shall not file a brief unless they obtain leave
9 of this Court. Upon review of the combined motion for summary judgment and opposition of the

930 G Street
Sacramento, CA 95814
[phone] FAX [phone]

P ACIFIC L EGAL F OUNDATION

10 Federal Defendants during the liability phase, if Defendant-Intervenors believe the Federal
11 Defendants have not addressed an issue that Defendant-Intervenors believe is relevant, and
12 Defendant-Intervenors wish to address that issue, Defendant-Intervenors may file a motion with
13 the Court not to exceed five pages seeking leave to file a brief supplementing Federal Defendants’
14 motion for summary judgment and opposition. If Defendant-Intervenors file such a motion,
15 Federal Defendants and Plaintiffs shall have an opportunity to oppose the motion, and each
16 opposition shall not exceed five pages, and Defendant-Intervenors shall have the opportunity to file
17 a reply, which shall not exceed three pages.
18 Schedule
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The parties shall adhere to the following schedule during the liability phase:

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Administrative Record Submitted by Federal Defendants:

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Deadline To File Any Motions to Augment
the Administrative Record:

April 12, 2013

Plaintiffs’ Motion for Summary Judgment:

May 17, 2013

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Federal Defendants’ Opposition and
Cross-Motion for Summary Judgment:

June 21, 2013

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1.

March 8, 2013 (Completed)

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If Defendant-Intervenors Do Not Seek Leave To
File a Merits Brief:

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(I)

Plaintiffs’ Opposition / Reply:

(ii)

Federal Defendants’ Final Reply:

July 29, 2013

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[Proposed] Case Management Order
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August 23, 2013

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2.

If Defendant-Intervenors Seek Leave To
File a Merits Brief:

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(I)

Defendant-Intervenors’ Motion:

July 10, 2013

(ii)

Plaintiffs’ and Federal Defendants’ Oppositions:

July 24, 2013

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(iii) Defendant-Intervenors’ Reply:

July 29, 2013

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(iv) Defendant-Intervenors’ Opposition to
Plaintiffs’ Motion for Summary Judgment:

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(v)

Plaintiffs’ Opposition / Reply:

35 Days After
Defendant-Intervenors
File Their Opposition
if Motion for Leave
Granted, or 14 days
After Court Denies
Motion for Leave

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930 G Street
Sacramento, CA 95814
[phone] FAX [phone]

P ACIFIC L EGAL F OUNDATION

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14 Days After Court
Grants Motion for Leave

(vi) Final Reply of Federal Defendants:

21 Days After Plaintiffs
File Their Opposition / Reply

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(vii) Final Reply of Defendant-Intervenors:
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7 days after Federal
Defendants’ Final Reply

14 Page Limits for Substantive Briefs
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Plaintiffs’ Motion for Summary Judgment shall not exceed 25 pages. Federal Defendants’

16 Opposition and Cross-Motion for Summary Judgment shall not exceed 25 pages. Defendant17 Intervenors’ Opposition to Plaintiffs’ Motion for Summary Judgment shall be limited to (15 pages,
18 25 pages, or the number of pages set forth in any Order issued by this Court granting
19 Defendant-Intervenors Motion To File an Opposition Brief). Plaintiffs’ Opposition/Reply shall
20 not exceed (25 pages or 10 pages). Federal Defendants’ and Defendant-Intervenors’ Reply shall
21 not exceed 10 pages each.
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IT IS SO ORDERED.

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Dated: 4/5/2013

/s/ John A. Mendez
HONORABLE JOHN A. MENDEZ
United States District Court Judge

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[Proposed] Case Management Order
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