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

Filing 30

STIPULATION and ORDER TO LIFT STAY signed by District Judge John A. Mendez on 7/8/19. Plaintiffs shall file an amended complaint within 84 days of the Court's Order lifting the stay. Federal Defendants shall respond to the amended complaint wi thin 42 days of Plaintiffs filing of the amended complaint. Federal Defendants shall lodge the administrative records within 28 days of responding to the amended complaint. The parties shall file a joint proposed briefing schedule to address any motions related to the administrative record and cross motions for summary judgment within 21 days of the lodging of the administrative record.Dated: July

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LAWRENCE VANDYKE,
Deputy Assistant Attorney General
Environment & Natural Resources Division
RICKEY D. TURNER, CO Bar No. 38353
Trial Attorney
U.S. Department of Justice
Environment & Natural Resources Division
999 18th Street
South Terrace, Suite 370
Denver, CO 80202
[phone]
[e-mail]

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SHAUN M. PETTIGREW, CA Bar No. 254564
Trial Attorney
Natural Resources Section
P.O. Box 7611
Washington, DC 20044 7611
[phone]
[e-mail]

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UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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CONSERVATION CONGRESS and the
CITIZENS FOR BETTER FORESTRY,

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Plaintiffs.
v.

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UNITED STATES FOREST SERVICE,
and the UNITED STATES FISH AND
WILDLIFE SERVICE,
Defendants.

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) CASE NO. 2:13-cv-934-JAM-DB
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) STIPULATION TO LIFT STAY AND
ORDER
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This stipulation to lift the stay of this litigation is entered into by Plaintiffs Conservation

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Congress and the Citizens For Better Forestry and Federal Defendants the United States Forest

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Service (“USFS”) and the United States Fish and Wildlife Service (“FWS”). By and through

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counsel, the parties state as follows:

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WHEREAS on May 12, 2013, Plaintiffs filed the complaint initiating this litigation,
alleging violations of the Endangered Species Act (“ESA”), the National Environmental Policy

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Act, and the National Forest Management Act in connection with the Pettijohn Late Successional
Reserve Habitat Improvement and Fuels Reduction Project (“Pettijohn Project”) located in the
Shasta-Trinity National Forest;

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WHEREAS on June 27, 2013, the USFS requested additional consultation with the FWS

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on the Pettijohn Project pursuant to Section 7 of the ESA;
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WHEREAS on July 8, 2013, the Court stayed this case on stipulation of the parties to

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allow for the USFS and FWS to complete the reinitiated section 7 consultation process and any

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attendant administrative process otherwise required by law;

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WHEREAS on April 13, 2018, FWS issued a new superseding Biological Opinion and

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concluded the reinitated consultation;
WHEREAS the parties submitted several joint status reports since that time, the most

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recent of which proposed deadlines for certain preliminary matters, including moving to lift the

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stay.

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NOW, THEREFORE, IT IS STIPULATED BY AND BETWEEN THE PARTIES AS

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FOLLOWS:

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1. Upon entry of the Court’s Order approving this Stipulation, the stay will be lifted.

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2. Plaintiffs shall file an amended complaint within 84 days of the Court’s Order lifting

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the stay.

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3. Federal Defendants shall respond to the amended complaint within 42 days of
Plaintiffs filing of the amended complaint.
4. Federal Defendants shall lodge the administrative records within 28 days of

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responding to the amended complaint.
5. The parties shall file a joint proposed briefing schedule to address any motions related
to the administrative record and cross motions for summary judgment within 21 days
of the lodging of the administrative record.

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Dated: July 3, 2019

Respectfully Submitted,
/s/ Sean T. Malone
Sean T. Malone, OR Bar # 084060
Attorney at Law
259 E. 5th Ave, Ste 200-C
Eugene OR 97401
[phone]
[e-mail]
Attorney for Plaintiffs

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LAWRENCE VANDYKE,
Deputy Assistant Attorney General
Environment & Natural Resources Division

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/s/ Shaun M. Pettigrew
SHAUN M. PETTIGREW
Trial Attorney
Natural Resources Section
P.O. Box 7611
Washington, DC 20044 7611
[phone]
RICKEY D. TURNER, JR.
Trial Attorney
U.S. Department of Justice
Environment & Natural Resources Division

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Wildlife & Marine Resources Section
999 18th Street
South Terrace, Suite 370
Denver, CO 80202
[phone]

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Attorneys for Federal Defendants

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IT IS SO ORDERED:

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DATE: 7/8/2019
/s/ John A. Mendez____________
Honorable John A. Mendez
United States District Court Judge