Conservation Congress v. United States Forest Service et al

Filing 99

STIPULATION and ORDER MODIFYING BRIEFING AND HEARING SCHEDULE signed by District Judge John A. Mendez on 5/24/16. Plaintiff's Motion for Summary Judgment (not to exceed 30 pages) deadline is 7/29/2016. Federal Defendants' Opposition and Cross- Motion for Summary Judgment (30 pages) deadline is 9/9/2016. Defendant-Intervenor's Opposition and Cross-Motion for Summary Judgment (20 pages) deadline is 9/16/2016. Plaintiff's Combined Opposition/Reply (30 pages) deadline is 10/03/16; Federal Defendants Reply (15 pages) deadline is 10/19/16; Defendant-Intervenor's Reply (10 pages) deadline is 10/19/16. Motion Hearing New date is 12/13/2016 at 01:30 PM. (Mena-Sanchez, L)

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Dennis L. Porter (Cal. Bar #67176)
Attorney at Law
8120 36th Avenue
Sacramento, California 95824-2304
Telephone: [phone]
Fax: [phone]
[e-mail]

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Lawson E. Fite (Ore. Bar #055573), Pro Hac Vice
Scott W. Horngren (Ore. Bar. #880604), Pro Hac Vice
American Forest Resource Council
5100 S.W. Macadam, Suite 350
Portland, Oregon 97239
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendant-Intervenor

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

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Conservation Congress v. United States Forest Service, et al., No. 2:13-cv-01977-JAM-KJN
STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING AND HEARING SCHEDULE – Page 1

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CONSERVATION CONGRESS,

No. 2:13-cv-01977-JAM-KJN

Plaintiff,
STIPULATION AND ORDER MODIFYING
BRIEFING AND HEARING SCHEDULE

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v.
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UNITED STATES FOREST SERVICE, and
UNITED STATES FISH AND WILDLIFE
SERVICE,

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Defendants,
and
TRINITY RIVER LUMBER COMPANY, a
California Corporation,

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Defendant-Intervenor.
Pursuant to L.R. 143 and 144, the undersigned parties hereby stipulate to the following

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adjustments to the briefing and hearing schedule in this case, which would extend certain deadlines and

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the hearing date:

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Deadline

Current date

New date

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Plaintiff’s Motion for Summary
Judgment (not to exceed 30
pages)

July 6, 2016

July 29, 2016

Federal Defendants’ Opposition
and Cross-Motion for Summary
Judgment (30 pages)

August 10, 2016

September 9, 2016

Defendant-Intervenor’s
Opposition and Cross-Motion
for Summary Judgment (20
pages)

August 17, 2016

September 16, 2016

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Plaintiff’s Combined
Opposition/Reply (30 pages)

September 1, 2016

October 3, 2016

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Federal Defendants’ Reply (15

September 15, 2016

October 19, 2016

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Conservation Congress v. United States Forest Service, et al., No. 2:13-cv-01977-JAM-KJN
STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING AND HEARING SCHEDULE – Page 2

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pages)
Defendant-Intervenor’s Reply
(10 pages)

September 15, 2016

October 19, 2016

Hearing

November 1, 2016 at 1:30 p.m.

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

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The changes are requested in order to accommodate paternity leave for defendant-intervenor’s

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counsel, which would otherwise conflict with preparation and filing of defendant-intervenor’s opening

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brief, and to give additional time to the other parties for preparation of their briefs. In the event the

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Court wishes to maintain the current hearing date, the parties do not object; however, the parties have

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suggested a later hearing date in order to maintain the existing length of time between completion of

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briefing and the hearing, and because not all parties are available on November 15, the next available

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hearing date after November 1. Additionally, in the event that the Court approves this stipulation the
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parties agree that the current suspension on implementation of the Smokey Project shall remain in place

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until February 13, 2017 or until the Court issues an order resolving the parties’ cross-motions for

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summary judgment, whichever is earlier. Trinity reserves its appellate rights regarding previous orders

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relating to the suspension but does not intend to seek further modification of the suspension from this

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Court or any other Court prior to completion of summary-judgment proceedings in this case.
The parties have not jointly requested a previous continuance of the briefing schedule. Plaintiff

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previously requested ex parte, and obtained, a 60-day continuance of the merits briefing schedule. See
Dkt. 89, 93.
Accordingly, the parties request the Court approve this Stipulation, and enter the proposed
changes to the briefing and hearing schedule.
Respectfully submitted this 24th day of May, 2016.
/s/ Steven Sugarman (by LEF as authorized
5/23/2016)

JOHN C. CRUDEN
Assistant Attorney General

Conservation Congress v. United States Forest Service, et al., No. 2:13-cv-01977-JAM-KJN
STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING AND HEARING SCHEDULE – Page 3

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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

/s/ Andrea Gelatt (by LEF as authorized
5/24/2016)
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: 5/24/2016

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

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Conservation Congress v. United States Forest Service, et al., No. 2:13-cv-01977-JAM-KJN
STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING AND HEARING SCHEDULE – Page 4