Western Watersheds Project v. Kempthorne et al
Filing
240
CASE MANAGEMENT ORDER re 239 Scheduling Conf Form/Litigation Plan filed by US Department of Interior, Dirk Kempthorne, ( Motions due by 4/15/2013.). 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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
WESTERN WATERSHEDS PROJECT,
Plaintiff,
v.
Case No. 4:08-CV-516-BLW
CASE MANAGEMENT ORDER
KEN SALAZAR, Secretary,
DEPARTMENT OF THE INTERIOR,
Defendants.
Pursuant to the Case Management Report (docket no. 239) agreed upon by the parties,
the following schedule shall govern this litigation:
Motion to Dismiss
Defendants intend to file a motion to dismiss most of the remaining claims in the case. In
response, Plaintiff may seek to conduct jurisdictional discovery and to stay the resolution of the
motion to dismiss pending the Court’s resolution of the motion for jurisdictional discovery.
Accordingly, the following schedule shall govern the motion to dismiss and potential
responsive motion:
1. Defendants file motion to dismiss:
March 11, 2013
2. Intervenors file motion to dismiss or brief in support of
Defendants’ motion to dismiss:
March 25, 2013
3. Plaintiff files either an opposition to the motion to dismiss
or a motion for jurisdictional discovery and stay:
If no motion for jurisdictional discovery and stay is filed:
Case Management Order – page 1
April 15, 2013
4. Defendants and intervenors file replies in support of motion
to dismiss:
April 29, 2013
If a motion for jurisdictional discovery and stay is filed:
5. Defendants and Intervenors file oppositions to motion for
jurisdictional discovery:
May 6, 2013
6. Plaintiff files reply in support of motion for jurisdictional
discovery:
May 20, 2013
If the Court denies the motion for jurisdictional discovery, Plaintiff’s opposition to the
motion to dismiss is due 21 days after the Court’s order denying the motion. If the Court grants
the motion for jurisdictional discovery, Plaintiff’s opposition is due 21 days after BLM produces
the discovery required by the Court. In either case, Defendants’ and Intervenors’ replies in
support of the motion to dismiss are due 14 days after the filing of the opposition.
Motion To Amend Complaint
Plaintiff has alerted the parties that it is foregoing at this time filing a motion to amend or
supplement the complaint in this matter.
Additional Resource Management Plans
The parties have agreed that, if Defendants’ and Intervenors’ motions to dismiss are
denied, the next RMPs to be briefed on summary judgment will be the Ely RMP in Nevada and
the Surprise, Eagle Lake, and Alturas RMPs in Nevada and California. The Surprise, Eagle
Lake, and Alturas RMPs were developed at the same time and rely on the same environmental
impact statement.
The parties will discuss and submit a merits briefing schedule for these additional RMPs.
Case Management Order – page 2
DATED: March 7, 2013
B. LYNN WINMILL
Chief Judge
United States District Court
Case Management Order – page 3
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