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