Conservation Congress v. United States Forest Service et al

Filing 112

STIPULATION and ORDER signed by District Judge John A. Mendez on 09/21/16 ORDERING that the briefing schedule on the 103 106 109 Motions for Summary Judgment and the 107 Motion to Strike all set for hearing 12/13/16 at 1:30 p.m. is MODIFIED as follows: plaintiff's Combined Opposition/Reply(30 pages)due 10/17/16; Federal defendants' Reply (15 pages) due 11/02/16; Defendant-Intervenor's Reply (10 pages) due 11/02/16. (Benson, A)

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JAMES J. TUTCHTON (CA Bar No. 150908)
Tutchton Law Office, LLC
6439 E. Maplewood Ave.
Centennial, CO 80111
Telephone: [phone]
[e-mail]

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STEVEN SUGARMAN (Pro Hac Vice)
347 County Road 55A
Cerrillos, New Mexico 87010
Telephone: [phone]
[e-mail]

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Attorneys for Plaintiff

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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CONSERVATION CONGRESS,

) Case No.: 2:13-cv-01977-JAM-DAD
)
)
Plaintiff,
)
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v.
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UNITED STATES FOREST SERVICE, and ) STIPULATION AND ORDER
)
UNITED STATES FISH AND WILDLIFE ) MODIFYING BRIEFING DEADLINES
SERVICE,
)
)
)
Defendants,
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and
)
TRINITY LUMBER COMPANY,
)
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Defendant-Intervenor.
)
______________________________________ )

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Pursuant to Local Rules 143 and 144, the undersigned parties hereby stipulate to modify
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the deadlines for the remaining briefs in this case. Specifically, the parties have stipulated to

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the following modifications to the deadlines for Plaintiff’s reply and response memorandum
and the Defendants’ reply memoranda:

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Deadline

Current date

New date

Plaintiff’s Combined Opposition/Reply
(30 pages)

October 3, 2016

October 17, 2016

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Federal Defendants’ Reply (15 pages)

October 19, 2016

November 2, 2016

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Defendant-Intervenor’s
pages)

October 19, 2016

November 2, 2016

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Reply

(10

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Hearing

December 13, 2016 at 1:30 p.m.

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With this stipulation, the parties do not propose that the current hearing date of
December 13, 2016 be adjusted.
The undersigned counsel for the Plaintiff has requested this stipulation in order to

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accommodate unusually heavy “docket congestion” which was caused, in large part, by a
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serious family medical issue which required a very significant portion of his time. As a result

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of this circumstance, the undersigned counsel for Plaintiff requires an additional two weeks of

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time to prepare Plaintiff’s final merits brief in this case.
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Since this Court modified the merits briefing schedule in response to the filing of
Defendant-Intervenor Trinity Lumber Company’s Motion to Modify Operating Schedule, the

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merits briefing schedule in this matter has been extended only once upon a stipulation of the
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parties initiated by Trinity’s counsel in order to accommodate his planned paternity leave. ECF

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Doc. No. 99.

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Accordingly, the parties request the Court approve this Stipulation, and enter the

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proposed changes to the briefing and hearing schedule.
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Respectfully submitted this 21st day of September, 2016

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/s/ Steven Sugarman
STEVEN SUGARMAN (pro hac vice)
347 County Road 55A
Cerrillos, NM 87010
Tel: [phone]
Email: [e-mail]

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Attorney for Plaintiff
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/s/ Lawson E. Fite
LAWSON E. FITE, pro hac vice
American Forest Resource Council
5100 S.W. Macadam, Suite 350
Portland, OR 97239
Tel: [phone] / Fax: [phone]
Email: [e-mail]

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Attorney for Defendant-Intervenor

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JOHN C. CRUDEN
Assistant Attorney General
/s/ Tyler Burgess
TYLER L. BURGESS
Trial Attorney
Natural Resources Section
PO Box 7611
Washington, DC 20044-7611
Tel: [phone] / Fax: [phone]
Email: [e-mail]
ANDREA GELATT
Wildlife & Marine Resources Section
PO Box 7611
Washington, DC 20044-7611
Tel: [phone] / Fax: [phone]
Email: [e-mail]
Attorneys for Federal Defendants

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The Court having considered the Stipulation of the parties, IT IS SO ORDERED

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Dated: 9/21/2016

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