Del Norte County, California et al v. United States Forest Service et al

Filing 40

ORDER GRANTING 39 Stipulation SETTING SCHEDULE AND VACATING CASE MANAGEMENT CONFERENCE. Signed by Judge Jeffrey S. White on 8/24/10. (jjoS, COURT STAFF) (Filed on 8/24/2010)

Del Norte County, California et al v. United States Forest Service et al

Doc. 40

Case3:10-cv-02047-JSW Document39-1

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PAUL A. TURCKE (admitted pro hac vice) MOORE SMITH BUXTON & TURCKE 950 West Bannock Street, Suite 520 Boise, Idaho 83702 Telephone: [phone] Facsimile: [phone] [e-mail]

DENNIS PORTER (Cal. Bar #67176) Attorney at Law 8120 36th Avenue Sacramento, CA 95824-2304 Telephone: [phone] Facsimile: [phone] [e-mail]

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA DEL NORTE COUNTY, CALIFORNIA; DEL NORTE ROD AND GUN CLUB; LAKE EARL GRANGE; NORTH COAST CLIFFHANGERS 4 WHEEL DRIVE CLUB; CALIFORNIA ASSOCIATION OF 4 WHEEL DRIVE CLUBS; BLUE RIBBON COALITION; Plaintiffs, v. UNITED STATES FOREST SERVICE; an agency of the United States Department of Agriculture; SIX RIVERS NATIONAL FOREST; TYRONE KELLEY, Forest Supervisor, Six Rivers National Forest; MARY KAY VANDIVER, District Ranger, Gasquet Ranger District/Smith River National Recreation Area; Defendants, and KLAMATH-SISKIYOU WILDLANDS CENTER; and WILDLANDS CPR, Defendant-Intervenors. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. CV 10-2047-JSW (PROPOSED) ORDER SETTING SCHEDULE AND VACATING CASE MANAGEMENT CONFERENCE Date: Aug. 27, 2010 Time: 1:30 p.m. Courtroom 11, 19th Floor Hon. Jeffrey S. White

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This matter is set for a case management conference on August 27, 2010 at 1:30 p.m. The parties have filed a joint case management statement (Dkt. # 38) as well as a stipulation outlining a proposed litigation schedule. In consideration of the foregoing, and good cause having been shownIT IS HEREBY ORDERED: (1) The case management conference scheduled for August 27, 2010 at 1:30 p.m. is

hereby VACATED. (2) (a). This matter shall proceed according to the following schedule: Lodging and Service of the Administrative Record. The Federal Defendants shall

certify, submit, and serve the Administrative Record on or before October 30, 2010. (b). Motions to Supplement the Administrative Record or Seek Discovery. If any

other party believes that the administrative record is incomplete, that party may send notice to the other parties so that they may attempt to resolve any disputes in good faith without Court involvement. If, after a period of fifteen (15) days following such notice, the dispute remains unresolved, the party raising the dispute may file a motion seeking to supplement the record through discovery or related procedures, consistent with applicable law. Any such motion shall be filed on or before December 15, 2010. A party thereafter seeking to supplement the record with additional material must demonstrate good cause for the failure to first offer that material in accordance with the procedures just described, in addition to demonstrating that the proposed supplementation complies with applicable principles of law. (c). Motions for Summary Judgment. The parties will present the merits through

cross-motions for summary judgment according to the following schedule: (PROPOSED) ORDER SETTING SCHEDULE AND VACATING CASE MANAGEMENT CONFERENCE ­ Page 2

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(i).

Plaintiffs will file their motion and supporting papers on or before January 28,

2011, or within 30 days of the resolution of any pending motion to supplement the administrative record and the filing, if necessary, of any supplemental record documents, whichever is later. (ii). The Federal Defendants and Intervenors each will file their respective cross-

motions and supporting papers within 28 days of Plaintiffs' opening motion. (iii). Plaintiffs will file their responsive brief(s) within 21 days of the Federal

Defendants' and Intervenors' cross-motions. (iv). The Federal Defendants and Intervenors will file their responsive briefs within 21

days of the Plaintiffs' responsive brief(s). (d) Page Limits. Briefs in support of opening motions and cross-motions shall be

limited to 25 pages. Responsive briefs shall be limited to 15 pages. (4). Hearing on Motions. Prior to filing their motion, Plaintiffs shall determine and

provide notice of a suitable hearing date in accordance with the Court's calendaring procedures. IT IS SO ORDERED. DATED this ____ day of August, 2010. 24th

Hon. Jeffrey S. White United States District Judge

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