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

Filing 83

STIPULATION and ORDER signed by District Judge John A. Mendez on 11/16/2020 Regarding deadlines related to 79 Motion to Strike. Federal Defendants' opposition to the Motion to Strike due on or before 11/24/2020. Plaintiffs' Reply in support of the Motion to Strike due on or before 12/4/2020. (Mena-Sanchez, L)

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PAUL E. SALAMANCA 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 (303) 844-1373 Rickey.Turner@usdoj.gov 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 (206) 526-6881 shaun.pettigrew@usdoj.gov 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. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 2:13-cv-934-JAM-DB STIPULATED MOTION REGARDING DEADLINES RELATED TO MOTION TO STRIKE [ECF NO. 79] 1 2 The parties respectfully submit this Stipulated Motion Regarding Deadlines Related to Motion to Strike [ECF No. 79]. 3 On January 6, 2020, the Court adopted the Stipulation of Joint Briefing Schedule and 4 Order (First Scheduling Order), ECF No. 37, proposed by Plaintiffs and Federal Defendants. 5 Under the First Scheduling Order, if Plaintiffs moved to supplement or complete the 6 administrative records, the deadlines for briefing the parties’ cross motions for summary 7 judgment would be vacated and the parties would propose new summary judgment briefing 8 deadlines following resolution of Plaintiffs’ motion. Id. at 2. 9 Plaintiffs moved to supplement the administrative records on February 10, 2020 (First 10 Motion to Supplement). ECF No. 38. Before ruling on the First Motion to Supplement, the 11 Court granted American Forest Resource Council’s motion to intervene as a defendant. ECF No. 12 54. The Court then granted in part and denied in part the First Motion to Supplement, ECF No. 13 55, and the parties proposed a summary judgment briefing schedule consistent with the First 14 Scheduling Order, ECF No. 57. The Court adopted the parties’ proposed briefing schedule 15 (Second Scheduling Order), under which Plaintiffs’ motion for summary judgment was due on 16 September 4, 2020, ECF No. 58. 17 The parties filed cross-motions for summary judgment according to the Second 18 Scheduling Order. ECF Nos. 61, 72, 75. Plaintiffs filed their combined reply in support of their 19 motion for summary judgment and response to Federal Defendants’ cross-motion for summary 20 judgment on November 6. ECF No. 78. At that time, Plaintiffs also filed a Motion to Strike. 21 ECF No. 79. The Second Scheduling Order did not set deadlines for such a motion. The parties 22 agree that it would be most efficient to align Federal Defendants’ response to the Motion to 23 Strike with their November 24, 2020, deadline for filing a reply in support of their cross-motion 24 for summary judgment. The parties further agree to a December 4, 2020, deadline for Plaintiffs’ 25 reply in support of their Motion to Strike. Accordingly, the parties respectfully request that the 26 27 28 Court enter an order with the following deadlines: a. Federal Defendants’ opposition to the Motion to Strike is due on or before November 24, 2020. Stipulated Mot. re Deadlines 2 1 2 b. Plaintiffs’ reply in support of the Motion to Strike is due on or before December 4, 2020. 3 4 5 Dated: November 13, 2020 6 Respectfully Submitted, /s/ Andrew G. Ogden Andrew G. Ogden, CA State Bar # 112384 Attorney at Law 3827 Silver Plume Circle Boulder, CO 80305 (303) 818-9422 aogden@indra.com 7 8 9 10 11 Sean T. Malone, OR State Bar # 084060 Attorney at Law 259 E. 5th Ave., Ste. 200-C Eugene, OR 97401 (303) 859-0403 seanmalone8@hotmail.com 12 13 14 15 16 Attorneys for Plaintiffs 17 PAUL E. SALAMANCA Deputy Assistant Attorney General U.S. Department of Justice Environment & Natural Resources Division 18 19 20 /s/ Shaun M. Pettigrew SHAUN M. PETTIGREW Trial Attorney Natural Resources Section c/o NOAA, Damage Assessment 7600 Sand Point Way, NE Seattle, WA 98155 (206) 526-6881 shaun.pettigrew@usdoj.gov 21 22 23 24 25 26 RICKEY D. TURNER, JR. Trial Attorney Wildlife & Marine Resources Section 27 28 Stipulated Mot. re Deadlines 3 1 3 999 18th Street South Terrace, Suite 370 Denver, CO 80202 (303) 844-1373 4 Attorneys for Federal Defendants 5 /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: (503) 222-9505 Fax: (503) 222-3255 lfite@amforest.org sghafouri@amforest.org 2 6 7 8 9 10 11 12 Attorneys for Defendant-Intervenor 13 14 15 IT IS SO ORDERED: DATED: November 16, 2020 16 17 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 18 19 20 21 22 23 24 25 26 27 28 Stipulated Mot. re Deadlines 4

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