Conservation Congress v. US Forest Service et al

Filing 29

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 1/30/15: Administrative Record due by 6/1/2015. Objections to Administrative Record due by June 22, 2015. Plaintiff's Motion filed by 6/29/2015. Defendants' Opposition and Cross-motion due by July 31, 2015. Plaintiff's Combined Opposition and Reply due by August 14, 2015. Defendants' Reply due by August 31, 2015. (Kaminski, H)

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BENJAMIN B. WAGNER
United States Attorney
GREGORY T. BRODERICK
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CONSERVATION CONGRESS, a nonprofit
organization,
Plaintiff,

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CASE NO. 13-cv-01922-TLN-CMK
JOINT STIPULATED MOTION AND
ORDER TO CONTINUE PRETRIAL
DATES

v.
UNITED STATES FOREST SERVICE;
UNITED STATES FISH AND WILDLIFE
SERVICE,
Defendants

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Plaintiff challenges the Bagley Hazard Tree Abatement project in the Shasta-Trinity National

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Forest. The challenged decision was adopted on August 29, 2013, Plaintiff served its Complaint on

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September 26, 2013, and the United States filed a motion to dismiss on January 9, 2014. (See Dkt. Nos.

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1 & 15. The Court denied the United States’ motion to dismiss on November 19, 2014, and set a

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briefing schedule on December 10, 2014, after receiving input from the parties. (See Dkt. Nos. 25-27).

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The administrative record is currently due by February 2, 2015, and Plaintiff’s opening brief is due

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March 3, 2015.

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Since the Court set the briefing schedule, the parties have identified a significant opportunity for

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resolution, and wish to pursue it. Given the pending litigation deadlines and the process required for

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consummation of any potential settlement, however, it is not realistic to pursue litigation and resolution

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simultaneously. Therefore, the parties stipulate and jointly request a 120-day continuation of all dates so

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that they may pursue resolution without further burden on this Court. The parties thus propose the

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STIPULATION AND ORDER TO CONTINUE PRETRIAL DATES

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following schedule:

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Event

Current Date

Proposed Date

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Administrative Record Lodged

February 2, 2015

June 1, 2015

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Objections to Administrative Record

February 23, 2015

June 22, 2015

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Plaintiff’s Motion

March 3, 2015

June 29, 2015

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Defendants’ Opposition and

April 3, 2015

July 31, 2015

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Cross-motion

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Plaintiff’s Combined Opposition and Reply
April 17, 2015

August 14, 2015

Defendants’ Reply

August 31, 2015

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May 1, 2015

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Respectfully submitted,

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DATED: January 26, 2015

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By

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/s/ Sean Malone
Attorney for Plaintiff
BENJAMIN B. WAGNER
United States Attorney

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By:

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/s/ Gregory T. Broderick
GREGORY T. BRODERICK
Assistant United States Attorney

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STIPULATION AND ORDER TO CONTINUE PRETRIAL DATES

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PROPOSED ORDER
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IT IS SO ORDERED.

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Dated: January 30, 2015

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Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER TO CONTINUE PRETRIAL DATES

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