Idaho Wool Growers Association et al v. Vilsack et al

Filing 24

ORDER ( Motions due by 1/18/2013.) The Government shall file any response also -limited to 8 pages- on or before January 28, 2013; Plaintiffs shall file their reply brief - limited to 3 pages on or before February 4, 2013.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
IDAHO WOOL GROWERS
ASSOCIATION, AMERICAN SHEEP
INDUSTRY ASSOCIATION, PUBLIC
Case No. 1:12-CV-469-BLW
LANDS COUNCIL, COLORADO WOOL
GROWERS ASSOCIATION, WYOMING
WOOL GROWERS ASSOCIATION,
ORDER
CARLSON COMPANY, INC., and SHIRTS
BROTHERS SHEEP,
Plaintiffs,
v.
TOM VILSACK, in his official capacity as
the Secretary of the United States
Department of Agriculture; TOM
TIDWELL, in his official capacity as the
Chief of the United States Forest Service;
KEITH LANNOM, in his official capacity
as the Forest Supervisor of the Payette
National Forest; and UNITED STATES
FOREST SERVICE,
Defendants.

The Court has before it competing Litigation Plans filed by both parties. The key issue in
dispute is whether plaintiffs will be allowed to expand the Administrative Record to include
testimony by certain Government witnesses.
This issue is best addressed by motion and briefing. Given that the Government intends
to file the Administrative Record on January 11, 2013, and the parties have already discussed the
Order - 1

issue to some degree in their Litigation Plans, the Court will set up an expedited briefing
schedule with page limits. This will mean that the agreed-upon briefing schedule addressing the
merits (set forth in the Litigation Plans) will have to be extended. Once the Court issues its
decision on whether to expand the Administrative Record, the Court will hold another Case
Management Conference at which time a new schedule for resolving the merits shall be
discussed and put into place. Accordingly,
NOW THEREFORE IT IS HEREBY ORDERED, that the following briefing schedule
shall govern the resolution of the issue of the scope of the Administrative Record: (1) Plaintiffs
shall file their motion to expand the scope of the Administrative Record and supporting brief –
limited to 8 pages – on or before January 18, 2013; (2) the Government shall file any response –
also limited to 8 pages – on or before January 28, 2013; (3) Plaintiffs shall file their reply brief
– limited to 3 pages – on or before February 4, 2013. If the Court grants intervention to the
proposed intervenor, it may allow them to file a brief, and if so, would extend the plaintiffs’
deadline for a reply brief. The Court shall not hold oral argument and will issue a decision
expeditiously.

DATED: January 8, 2013

B. LYNN WINMILL
Chief Judge
United States District Court

Order - 2