Center For Biological Diversity et al v. Federal Highway Administration et al

Filing 80

ORDER Regarding Defendants' Objections to Statement of Non-Opposition. Signed by Judge Jeffrey S. White on October 9, 2012. (jswlc1, COURT STAFF) (Filed on 10/9/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CENTER FOR BIOLOGICAL DIVERSITY,
et al.,

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No. C 12-02172 JSW

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ORDER RE DEFENDANTS’
OBJECTIONS TO STATEMENT
OF NON-OPPOSITION

v.
For the Northern District of California

United States District Court

Plaintiff,
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FEDERAL HIGHWAY ADMINISTRATION,
et al.,
Defendants.
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The Court has received and considered Plaintiff-Intervenor California Farm Bureau

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Federation (the “Farm Bureau”) and Plaintiffs’ responses to the objections to the Farm Bureau’s

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Statement of Non-Opposition to Plaintiffs’ Motion for Preliminary Injunction. The Court finds

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that the document violates the spirit if not the letter of Northern District Civil Local Rule 7-

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3(b). Further, the Local Rules do not contemplate sur-replies as a matter of right. However, the

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Court also agrees that Farm Bureau, as intervenor, has a right to be heard on the motion.

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Accordingly, the Court finds the appropriate remedy is to permit the Caltrans defendants to file

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a sur-reply directed at any arguments that are specific to the Farm Bureau’s memorandum of

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law and the evidence cited therein. The hearing remains on calendar on October 12, 2012 at

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9:00 am., but the Caltrans defendants may file a sur-reply by no later than 12:00 p.m. on

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October 15, 2012. The Court shall consider the briefing closed at that time.

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It is FURTHER ORDERED that, going forward, any statement of non-opposition
shall be limited to a statement that a particular party does not oppose a motion, without

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argument, and the Court shall not permit sur-replies except for extremely good cause.
It is FURTHER ORDERED that, going forward, in order to ensure that a party or parties

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opposing a motion is not required to seek leave to file a sur-reply, Plaintiffs and the Farm

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Bureau shall meet and confer in advance of filing any motions, so that all briefs in support of a

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particular position are filed 35 days in advance of a scheduled hearing date. Similarly, the

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Defendants shall meet and confer before filing any motion, so that all briefs in support of a

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particular position are filed 35 days in advance of the scheduled hearing date.

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IT IS SO ORDERED.
Dated: October 9, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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