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

Filing 37

STIPULATION and ORDER of Joint Briefing Schedule signed by District Judge John A. Mendez on 1/6/2020. (Kastilahn, A)

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JEAN E. WILLIAMS
Deputy Assistant Attorney General
Environment & Natural Resources Division
RICKEY D. TURNER, CO Bar No. 38353
Trial Attorney
Wildlife and Marine Resources Section
999 18th Street
South Terrace, Suite 370
Denver, CO 80202
[phone]
[e-mail]
SHAUN M. PETTIGREW, CA Bar No. 254564
Trial Attorney
Natural Resources Section
c/o NOAA, Damage Assessment
7600 Sand Point Way, NE
Seattle, WA 98115
[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 OF JOINT BRIEFING
SCHEDULE AND ORDER
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The parties to the above-captioned action submit this stipulation of joint proposed

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briefing schedule and proposed order pursuant to the July 8, 2019, Order requiring the parties to

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“file a joint proposed briefing schedule to address any motions related to the administrative

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record and cross motions for summary judgment within 21 days of the lodging of the

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administrative record.” ECF No. 30 at 3. The parties hereby propose the following briefing

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schedule:
1. The following deadlines related to the administrative records shall apply:

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a.

objections related to the content of the administrative records.

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On or before January 13, 2020, Plaintiffs shall notify Defendants of any

b.

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If the parties are unable to informally resolve any objections to the
administrative records, Plaintiffs shall move to supplement or complete the

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administrative records on or before February 10, 2020.

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c.

If Plaintiffs move to supplement or complete the administrative records,

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Defendants’ response shall be due on or before February 24, 2020, and

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Plaintiffs’ reply shall be due on March 2, 2020.

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d.

If Plaintiffs move to supplement or complete the administrative records, the
remaining deadlines for briefing cross motions for summary judgment shall

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be vacated. The parties shall submit a joint proposed briefing schedule for

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cross motions for summary judgment within 14 days of an order resolving

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any motion from Plaintiffs to supplement or complete the administrative

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records.

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2. If no motion to supplement or complete the administrative records is filed, the
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following deadlines related to cross motions for summary judgment shall apply:

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a.

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Plaintiffs shall file a motion for summary judgment and supporting
memorandum not to exceed twenty-five pages on or before March 30, 2020.

b.

Defendants shall file a cross motion for summary judgment and combined

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memorandum in support and opposition to Plaintiffs’ motion for summary

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judgment not to exceed thirty-five pages on or before May 14, 2020.

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c.

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Plaintiffs shall file their combined reply in support of their motion for
summary judgment and response to Defendants’ cross motion for summary

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judgment not to exceed twenty pages on or before June 4, 2020.
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d.

Defendants shall file their reply in support of their cross motion for summary
judgment not to exceed ten pages on or before June 25, 2020.

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Dated: December 31, 2019

Respectfully Submitted,

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/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
JEAN E. WILLIAMS
Deputy Assistant Attorney General
Environment & Natural Resources Division

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/s/ Shaun M. Pettigrew
SHAUN M. PETTIGREW
Trial Attorney
Natural Resources Section
c/o NOAA, Damage Assessment
7600 Sand Point Way, NE
Seattle, WA 98115
[phone]

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[e-mail]

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RICKEY D. TURNER, JR.
Trial Attorney
U.S. Department of Justice
Environment & Natural Resources Division
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: 1/6/20

/s/ John A. Mendez____________
Honorable John A. Mendez
United States District Court Judge