Conservation Congress v. U.S. Forest Service et al

Filing 27

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 2/14/13 GRANTING 14 Motion to Intervene and APPROVING Stipulation to Stay Litigation. (Meuleman, A)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE EASTERN DISTRICT OF CALIFORNIA 6 7 CONSERVATION CONGRESS, Plaintiff, 8 v. 9 10 11 UNITED STATES FOREST SERVICE, and UNITED STATES FISH AND WILDLIFE SERVICE, Defendants, 12 and 13 14 FRANKLIN LOGGING, INC., and SCOTT TIMBER CO., 15 Proposed Defendant Intervenors. ________________________________ 16 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2:12-cv-02800-GEB-CKD ORDER GRANTING MOTION TO INTERVENE AND STIPULATION TO STAY LITIGATION* 17 18 On January 8, 2013, Franklin Logging, Inc. and Scott Timber 19 Co. filed an unopposed motion to intervene. (ECF No. 14.) Having 20 reviewed 21 determined that Franklin Logging, Inc. and Scott Timber Co. have met the 22 requirements 23 intervention motion is hereby granted. the unopposed of Federal motion Rule and of supporting Civil documentation Procedure 24(a)(2), and the 24 Further, on February 13, 2013, Conservation Congress, the 25 United States Forest Service, and the United States Fish and Wildlife 26 27 28 * argument. This matter is deemed suitable for decision without oral E.D. Cal. R. 230(g). 1 1 Service filed a proposed Stipulation and Order to Stay the Case, (ECF 2 No. 26), which is hereby approved and reproduced below. 3 This stipulation to stay the litigation is entered into by 4 Plaintiff Conservation Congress and Federal Defendants the United States 5 Forest Service (“USFS”) and the United States Fish and Wildlife Service 6 (“FWS”). The Court, having considered the parties’ Stipulation and 7 having found good cause, APPROVES the Stipulation. It is hereby SO 8 ORDERED that: 9 1. Upon entry of the Court’s Order, the instant litigation 10 will be stayed to allow for the USFS and FWS to complete the reinitiated 11 ESA Section 7 consultation process and any attendant administrative 12 processes otherwise required by law. 13 2. Within 3 business days of its issuance, Federal 14 Defendants will provide counsel for Plaintiff with an electronic copy of 15 the Biological Opinion. 16 3. Within 3 business days of the completion of the USFS’ 17 additional 18 counsel for Plaintiff with an electronic copy of any associated decision 19 documents. 20 environmental 4. analysis, Federal Defendants will provide Within 3 business days of Plaintiff’s receipt of the 21 documents referenced in Paragraph 3, the parties agree to file a Joint 22 Request to Lift Stay; 23 5. Upon submission of the parties’ Joint Request to Lift 24 Stay, Plaintiff will have the right to amend its Complaint and seek 25 additional 26 interests. 27 28 relief 6. Plaintiff believes is necessary to protect its Counsel for Federal Defendants shall notify counsel for Plaintiff of the USFS’ lift of the suspension of operations in the 2 1 Algoma Project area within 24 hours of notifying Franklin Logging, Inc. 2 and Scott Timber Co. 3 4 7. Within 14 days of the provision of the documents 5 referenced in Paragraph 3, Plaintiff shall advise Federal Defendants of 6 whether, and how, it intends to proceed with the instant litigation. 7 8. Within 14 days of the notification referenced in 8 Paragraph 7, the parties shall file a joint status report with this 9 Court advising it of the parties’ proposals for whether, and how, the 10 litigation should proceed. 11 Dated: February 14, 2013 12 13 14 GARLAND E. BURRELL, JR. Senior United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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