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

Filing 71

STIPULATION AND ORDER signed by District Judge John A. Mendez on 9/10/2020 ORDERING Federal Defendants to file an Opposition to the Second Motion to Supplement by 10/9/2020; ORDERING Defendant-Intervenor to file an Opposition to the Second Motion to Supplement by 10/23/2020; and ORDERING Plaintiffs to file a Reply in support of the Second Motion to Supplement by 11/6/2020. (Michel, G.)

JEAN E. WILLIAMS,
Deputy Assistant Attorney General
U.S. Department of Justice
Environment & Natural Resources Division
RICKEY D. TURNER, CO Bar No. 38353
Trial Attorney
Wildlife & 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 98155
[phone]
[e-mail]
UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA
CONSERVATION CONGRESS and the
CITIZENS FOR BETTER FORESTRY,
Plaintiffs.
v.
UNITED STATES FOREST SERVICE,
and the UNITED STATES FISH AND
WILDLIFE SERVICE,
Federal Defendants,
and
AMERICAN FOREST RESOURCE
COUNCIL,
Defendant-Intervenor.

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CASE NO. 2:13-cv-934-JAM-DB
STIPULATED MOTION TO EXTEND
DEADLINES RELATED TO MOTION TO
SUPPLEMENT [ECF NO. 66]

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The parties respectfully submit this Stipulated Motion to Extend Deadlines Related to
Motion to Supplement [ECF No. 66].

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On January 6, 2020, the Court adopted the Stipulation of Joint Briefing Schedule and

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Order (First Scheduling Order), ECF No. 37, proposed by Plaintiffs and Federal Defendants.

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Under the First Scheduling Order, if Plaintiffs moved to supplement or complete the

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administrative records, the deadlines for briefing the parties’ cross motions for summary

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judgment would be vacated and the parties would propose new summary judgment briefing

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deadlines following resolution of Plaintiffs’ motion. Id. at 2.

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Plaintiffs moved to supplement the administrative records on February 10, 2020 (First

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Motion to Supplement). ECF No. 38. Before ruling on the First Motion to Supplement, the

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Court granted American Forest Resource Council’s motion to intervene as a defendant. ECF No.

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54. The Court then granted in part and denied in part the First Motion to Supplement, ECF No.

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55, and the parties proposed a summary judgment briefing schedule consistent with the First

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Scheduling Order, ECF No. 57. The Court adopted the parties’ proposed briefing schedule

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(Second Scheduling Order), under which Plaintiffs’ motion for summary judgment was due on

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September 4, 2020, ECF No. 58.

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Plaintiffs filed their motion for summary judgment according to the Second Scheduling

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Order.

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administrative record (Second Motion to Supplement). ECF No. 66. The Second Scheduling

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Order did not contemplate such a motion. As a result, under Eastern District Local Rule 230,

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Federal Defendants’ and Defendant-Intervenor’s opposition to the motion would be due on

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September 18, 2020, and Plaintiffs’ reply would be due on September 25, 2020. The parties,

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however, agree that it would be more efficient to merge the deadlines for the Second Motion to

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Supplement with the relevant deadlines in the Second Scheduling Order.1 Accordingly, the

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parties respectfully request that the opposition and reply deadlines for the Second Motion to

ECF No. 61.

Plaintiffs also concurrently filed another motion to supplement the

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In moving to merge these deadlines, Federal Defendants do not concede that the Second
Motion to Supplement was properly filed and expressly reserve their right to argue that the
Second Motion to Supplement is untimely under the Court’s scheduling orders.
Stipulated Mot. to Extend Deadlines

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Supplement be extended as follows:
a. Federal Defendants’ opposition to the Second Motion to Supplement is due on or
before October 9, 2020.
b. Defendant-Intervenor’s opposition to the Second Motion to Supplement is due on or
before October 23, 2020.
c. Plaintiffs’ reply in support of the Second Motion to Supplement is due on or before
November 6, 2020.

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Dated: September 9, 2020

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

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Andrew G. Ogden, CA State Bar # 112384
Attorney at Law
3827 Silver Plume Circle
Boulder, CO 80305
[phone]
[e-mail]

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Attorneys for Plaintiffs

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JEAN E. WILLIAMS,
Deputy Assistant Attorney General
U.S. Department of Justice
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

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Stipulated Mot. to Extend Deadlines

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Seattle, WA 98155
[phone]
[e-mail]

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RICKEY D. TURNER, JR.
Trial Attorney
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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/s/ Lawson E. Fite
Lawson E. Fite (Ore. Bar #055573)
Sara Ghafouri (Ore. Bar # 111021)
Pro Hac Vice
American Forest Resource Council
700 N.E. Multnomah, Suite 320
Portland, OR 97232
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendant-Intervenor

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IT IS SO ORDERED:
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DATED: September 10, 2020

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/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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Stipulated Mot. to Extend Deadlines

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