Paradise Ridge Defense Coalition, Inc. v. Hartman et al

Filing 20

ORDER - Amended Pleadings due by 12/1/2016. FHWAS Administrative Record due by 1/27/2017 (Case Management deadline set for 1/27/2017). Plaintiff shall file any and all motions relating to the sufficiency of the FHWAs Administrative Record by 3/17/201 7. Plaintiff's Motion for Summary Judgment due by 3/31/2017. Defendant's Combined Cross Motions for Summary Judgment and Responses to Plaintiff's Motion for Summary Judgment due by 4/28/2017. Plaintiff's Combined Reply and Response due by 5/19/2017. Defendant's Reply due by 6/2/2017. 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 (cjs)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

PARADISE RIDGE DEFENSE
COALITION, INC.,

No. 1:16-cv-374-BLW

Plaintiff,
v.

ORDER

PETER J. HARTMAN, Division
Administrator for the Idaho Division of the
Federal Highway Administration;
The FEDERAL HIGHWAY
ADMINISTRATION; and
The IDAHO TRANSPORTATION
DEPARTMENT,
Defendants.

Following a Scheduling Conference with counsel, and finding good cause therefore,
NOW THEREFORE IT IS HEREBY ORDERED, that the following schedule shall
govern this litigation:

I.

PLEADINGS
December 1, 2016: By this date, any party seeking to amend its pleadings shall file its
motion.

II.

The FHWA’S ADMINISTRATIVE RECORD
A. January 27, 2017: By this date, the Federal Defendants (the Federal Highway
Administration (FHWA) and FHWA Idaho Division Administrator Peter J. Hartman) (a)
shall jointly file a notice of lodging of the Administrative Record for the U.S. 95,
Thorncreek Road to Moscow Project (the Project) Record of Decision and (b) shall lodge

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and serve the record via overnight mail. The FHWA shall submit the record in electronic
format, but it shall not file all of the documents in the record via ECF.
B. February 24, 2017: By this date, Plaintiff shall raise with Defendants, informally and in
writing, any and all issues relating to the sufficiency of the FHWA’s Administrative
Record. The Parties shall thereafter seek, informally and in good faith, to resolve any
issues without the assistance of the Court.
C. March 17, 2017: By this date, Plaintiff shall file any and all motions relating to the
sufficiency of the FHWA’s Administrative Record. Plaintiff may file any such motion
only based on issues that it raised informally with Defendants on or before February 24,
2017.
D. April 7, 2017: By this date, Defendants shall file their responses to any motion Plaintiff
files under Section II.C.
E. April 21, 2017: By this date, Plaintiff shall file its reply to any response.
F. If Plaintiff files a motion under Section II.C., the Parties shall file a motion for a new
scheduling order within fourteen days of any ruling on that motion.
III.

CROSS-MOTIONS FOR SUMMARY JUDGMENT
If Plaintiff does not file a motion related to the sufficiency of the FHWA’s
Administrative Record under Section II.C., the following dates shall apply.
A. March 31, 2017: By this date, Plaintiff shall file its motion for summary judgment. The
brief in support may not exceed 30 pages (excluding the caption, tables, and signature
block). Plaintiff shall not file a separate statement of all undisputed material facts as
outlined in Local Rule 7.1(b)(1). Also by this date, Plaintiff shall file any declarations by
which it intends to establish United States Constitution Article III Standing. Plaintiff may
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cite its Article III declarations only in support of its efforts to establish Article III
standing.
B. April 28, 2017: By this date, Federal Defendants and Idaho Transportation Department
(ITD), shall each file cross-motions for summary judgment. Federal Defendants and ITD
may each file one brief, and each brief shall combine their cross-motions for summary
judgment and their responses to Plaintiff’s motion for summary judgment. Each brief
may not exceed 30 pages (excluding the caption, tables, and signature block). Defendants
shall not file a separate statement of all undisputed material facts as outlined in Local
Rule 7.1(c)(2).
C. May 19, 2017: By this date, Plaintiff shall file one brief that combines its reply in support
of its motion for summary judgment and its responses to Federal Defendants’ and ITD’s
cross-motions. That brief may not exceed 30 pages (excluding the caption, tables, and
signature block).
D. June 2, 2017: By this date, Federal Defendants and ITD shall each file a reply in support
of their cross-motions for summary judgment. Each brief may not exceed 15 pages
(excluding the caption, tables, and signature block).
E. Because the Administrative Procedure Act (APA), 5 U.S.C. §§ 701-706, applies to the
claims in this case, the Court releases the Parties from their Local Rule 7.1(b) and(c)
obligations to file statements of all material facts or statements the responding party
contends are in dispute.

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DATED: November 9, 2016

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

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