Idaho State Snowmobile Association et al v. United States Forest Service et al

Filing 20

CASE MANAGEMENT ORDER, ( Amended Pleadings due by 5/31/2013., Joinder of Parties due by 5/31/2013., Motions due by 6/14/2013.). 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 (krb)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

IDAHO STATE SNOWMOBILE
ASSOCIATION; and THE BLUERIBBON
COALITION,

Plaintiffs,

Case No. 3:12-CV-447-BLW
CASE MANAGEMENT ORDER

v.

UNITED STATES FOREST SERVICE; U.S.
FOREST SERVICE, Northern Region;
CLEARWATER NATIONAL FOREST;
FAYE KRUGER; Regional Forester, Northern
Region; RICK BRAZELL, Forest Supervisor,
Clearwater National Forest,

Defendants.

In accordance with the agreements reached in the Telephone Scheduling
Conference on March 6, 2013, and to further the efficient administration of this matter,
NOW THEREFORE IT IS HEREBY ORDERED, that the following recitation of
deadlines and procedures shall govern this litigation:
1)

Amendment of Pleadings and Joinder of Parties: All motions to amend pleadings
and join parties, except for allegations of punitive damages, shall be filed on or

CASE MANAGEMENT ORDER - 1

before May 31, 2013. This deadline shall only be extended for good cause shown.1
All parties are entitled to know the claims and parties well-before trial rather than
be forced to pursue or defend against a moving target. Although this deadline
precedes the general discovery deadline, the parties are directed to send out all
discovery requests that might relate to amendment or joinder enough in advance of
this amendment and joinder deadline to obtain the responses needed to make an
informed decision on amendment and joinder.
2) Alternative Dispute Resolution Plan: This case is not assigned to ADR at this time. If
settlement discussions do occur and counsel believe there is a possibility that such discussions
may be encouraged or enhanced by the Court’s ADR program then counsel will at that time
contact the ADR Program Administrator, Susie Headlee at [phone].

3) Administrative Record:
i) The parties agree that this case arises under the Administrative
Procedure Act which will involve resolution through judicial review of
an administrative record. Extra-record review, including discovery, is
possible only through limited exceptions and the parties are not

1

The Ninth Circuit has held that motions to amend filed after the Scheduling Order deadline are
governed, not by the liberal provisions of Fed. R. Civ. P. 15(a), but instead, by the more
restrictive provisions of Fed. R. Civ. P. 16(b) requiring a showing of “good cause.” Johnson v.
Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992).

CASE MANAGEMENT ORDER - 2

obligated to follow the Rule 26 discovery procedures. See Fed.R.Civ.P.
26(a)(1)(B)(i).
ii) Defendants Forest Service et al. will submit a proposed administrative
record to Plaintiffs on or before May 1, 2013.
iii) Plaintiffs will advise Defendants of any issues with the proposed
administrative record on or before May 17, 2013, and the parties will
attempt in good faith to resolve any issues raised.
iv) Defendant will lodge a certified copy of the administrative record with
the Court on or before May 31, 2013.
v) Plaintiffs will file any motion addressing alleged deficiencies in the
administrative record and/or the need to expand review beyond the
administrative record on or before June14, 2013. If any such motion is
filed, that motion will be presented in accordance with the local rules
and a schedule for further proceedings shall be determined upon
resolution of the motion.
5.

Dispositive Motions:
a) In the absence of any motion referred to in the preceding paragraph,
Plaintiffs will file a motion for summary judgment and associated pleadings
on or before August 21, 2013.
b) If Plaintiffs file a motion for summary judgment on August 21, 2013, then
Defendants Forest Service et al. will file their combined response to

CASE MANAGEMENT ORDER - 3

Plaintiffs’ motion and a cross-motion for summary judgment on or before
October 17, 2013.
c) If intervention is granted the existing parties agree that the intervenors’
combined response to Plaintiffs’ motion and any cross-motion will be filed
on or before October 25, 2013.
d) Plaintiffs will file their combined reply in support of motion for summary
judgment and response to cross-motion(s) on or before November 20,
2013.
e) Defendants and any intervenors will file their reply in support of crossmotion(s) on or before December 18, 2013.
8.

Scheduling of Trial and Pretrial Conference. Although this case is on a
Legal Track, a trial – or an evidentiary hearing – may become necessary if
the dispositive motions are denied and disputed factual questions need to be
resolved. In that event, Plaintiff’s counsel shall contact In-Court Deputy
Jamie Gearhart to make arrangements for a telephone scheduling
conference between counsel and me in which the trial and pretrial
conference shall be set.

9.

Law Clerk: If counsel has a procedural or legal question that needs to be
brought to my attention, please contact Dave Metcalf the law clerk assigned
to this case at [phone] or at [e-mail].

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10.

Calendaring Clerk: With regard to any scheduling matters or calendar
issues, please contact my deputy clerk, Jamie Gearhart at [phone].

11.

Docketing Clerk: If you have a docketing question, please contact a docket clerk
at [phone].

DATED: March 6, 2013

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

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