Rocky Mountain Wild et al v. Dallas et al

Filing 21

ORDER ALTERING CASE MANAGEMENT PLAN for Petition for Review of Agency Action. SS Plaintiffs Brief due by 3/18/2016, SS Defendants Brief due by 4/18/2016, SS Plaintiffs Reply Brief due by 5/9/2016, by Judge Wiley Y. Daniel on 1/29/2016. (evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01342-WYD
ROCKY MOUNTAIN WILD; SAN LUIS VALLEY ECOSYSTEM COUNCIL; SAN JUAN
CITIZENS ALLIANCE; WILDERNESS WORKSHOP,
Plaintiffs,
v.
DAN DALLAS, in his official capacity as Forest Supervisor; MARIBETH GUSTAFSON, in her
official capacity as Deputy Regional Forester; UNITED STATES FOREST SERVICE, a Federal
Agency within the U.S. Department of Agriculture; UNITED STATES FISH AND WILDLIFE
SERVICE, a federal agency within the Department of the Interior,
Defendants,
v.
LEAVELL-McCOMBS JOINT VENTURE,
Proposed Intervenor.
______________________________________________________________________________
ORDER ALTERING CASE MANAGEMENT PLAN FOR PETITION
FOR REVIEW OF AGENCY ACTION

1.

APPEARANCES OF COUNSEL
For Plaintiffs/Petitioners:
Matthew Sandler
Rocky Mountain Wild
1536 Wynkoop St. Suite 900
Denver, CO 80202
303-579-5162
[e-mail]
Travis E. Stills
Energy & Conservation Law
1911 Main Ave., Suite 238
Durango, Colorado 81301

[phone]
[e-mail]
For Defendants/Respondents:
Barclay Samford
United States Department of Justice
Environment & Natural Resources Division
999 18th Street, South Terrace, Suite 370
Denver, CO 80202
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Davené Walker
U.S. Department of Justice
Environment & Natural Resources Division
Natural Resources Section
P.O. Box 7611
Washington, D.C. 20044
Tel.: [phone]
Fax: [phone]
Email: [e-mail]
For Defendant-Intervenor/Respondent:
William Leone
Norton Rose Fulbright US LLP
1200 17th Street, Suite 1000
Denver, CO 80202
[phone]
[e-mail]
Paul Trahan
Norton Rose Fulbright US LLP
98 San Jacinto Blvd., Suite 1100
Austin, TX 78701
[phone]
[e-mail]
Paul S. Weiland
NOSSAMAN LLP
18101 Von Karman Ave., Suite 1800
Irvine, CA 92612
Tele: 949-833-7800
2

Fax: [phone]
[e-mail]
Steven P. Quarles
NOSSAMAN LLP
1666 K Street, NW, Suite 500
Washington, DC 20006
Tele: 202-887-1400
Fax: [phone]
[e-mail]
2.

STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION

The Court has jurisdiction based on the presentation of federal questions, 28 U.S.C. §
1331.
3.

DATES OF FILING OF RELEVANT PLEADINGS
A.
B.
2015

Date Petition for Review Was Served on U.S. Attorney's Office: June 26,

C.
4.

Date Petition for Review Was Filed: June 24, 2015

Date Answer or Other Response Was Filed: August 25, 2015

STATEMENT(S) REGARDING WHETHER THIS CASE RAISES UNUSUAL
CLAIMS OR DEFENSES
None.

5.

OTHER MATTERS
None.

6.

PROPOSED BRIEFING SCHEDULE

The parties have conferred, and propose the schedule set forth below. The parties agree that the
opening merits brief and the response briefs each may contain no more than 21,000 words; or if
monospaced face is used may contain no more than 2,000 lines of text. Plaintiffs’ reply brief is
acceptable if it contains no more than 14,000 words or uses monospaced face and contains no
more than 1,000 lines of text.
A.

Deadline for Filing Administrative Record:
November 9, 2015 (as amended by ECF No. 18)
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B.

Deadlines for Parties to Confer on Record Disputes:



December 18, 2015 – Deadline to Begin Conferral



January 25, 2016 - Respondents provided Petitioners a letter addressing Petitioners’
record concerns to date and the status of resolutions of record disputes identified in
ongoing phone and email conferral.



February 10, 2016 – Petitioners shall provide Respondents a letter indicating their
final concerns regarding record disputes and copies of those documents in their
possession which Petitioners assert should be included in the administrative record.



February 24, 2016 – Respondents shall provide Petitioners with a final letter
addressing their final position on record concerns. Respondents shall provide
Petitioners with a copy of those records that Respondents agree to include in the
administrative record.

C.

D.

Deadline for Filing Motions to Complete and/or Supplement the
Administrative Record:
March 11, 2016
Briefing Schedule

(i)
If no motions to complete or supplement the administrative record are
filed, the following schedule will apply:


Petitioners’ Opening Brief shall be filed no later than March 18, 2016;



Respondents’ and Defendant-Intervenors’ Response Briefs shall be filed no later than
April 18, 2016;



Petitioners’ Reply Brief (if any) shall be filed no later than May 9, 2016.

(ii)
If any Party files a motion to complete or supplement the record by the
March 11, 2016 deadline, the following schedule will apply:


Respondents’ and Defendant-Intervenors’ Responses to the Motion to Complete or
Supplement the Administrative Record shall be filed no later than April 11, 2016;



Petitioners’ Reply Brief (if any) shall be filed no later than April 26, 2016;



Petitioners’ Opening Brief shall be filed no later than thirty (30) days after resolution
of such motions;
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

Respondents’ and Defendant-Intervenors’ Response Briefs shall be filed no later than
thirty (30) days following the Petitioners’ Opening Brief;



Petitioners’ Reply Brief (if any) shall be filed no later than twenty-one (21) days
following the filing of Respondents’ and Defendant-Intervenors’ Response Briefs.

7. STATEMENTS REGARDING ORAL ARGUMENT
The parties believe that oral argument would assist the Court in resolving the numerous issues
raised in the pleadings and the upcoming merits briefing.
8. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
Indicate below the parties' consent choice.
A.

( )

All parties have consented to the exercise of jurisdiction of a
United States Magistrate Judge.

B.

(X )

All parties have not consented to the exercise of jurisdiction of a
United States Magistrate Judge.

9. OTHER MATTERS
None at this time.
10. AMENDMENTS TO JOINT CASE MANAGEMENT PLAN
The parties agree that the Joint Case Management Plan may be altered or amended only upon a
showing of good cause.

Dated:  January 29, 2016 

BY THE COURT: 

/s/ Wiley Y. Daniel                   
WILEY Y. DANIEL, 
SENIOR UNITED STATES DISTRICT JUDGE

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APPROVED:
s/Travis E. Stills___________________
Travis E. Stills
Energy & Conservation Law
1911 Main Ave., Suite 238
Durango, Colorado 81301 [phone]
[e-mail]
Matthew Sandler
Rocky Mountain Wild
1536 Wynkoop St. Suite 900
Denver, CO 80202
303-579-5162
[e-mail]
Attorneys for Plaintiffs
JOHN C. CRUDEN
Assistant Attorney General
s/Barclay Samford
Barclay Samford
United States Department of Justice
Environment & Natural Resources Division
999 18th Street, South Terrace, Suite 370
Denver, CO 80202
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Davené Walker
U.S. Department of Justice
Environment & Natural Resources Division
Natural Resources Section
P.O. Box 7611
Washington, D.C. 20044
Tel.: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendants

6

s/William Leone ____________________
William Leone
Norton Rose Fulbright US LLP
1200 17th Street, Suite 1000
Denver, CO 80202
[phone]
[e-mail]
Paul Trahan
Norton Rose Fulbright US LLP
98 San Jacinto Blvd., Suite 1100
Austin, TX 78701
[phone]
[e-mail]
Attorneys for Intervenor

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