Citizens for Clean Energy et al v. U.S. Department of the Interior et al
Filing
34
ORDER granting 33 Motion to Consolidate Cases. For purposes of briefing and argument, with this action designated as the lead case, to which all filings shall henceforth be made. SEE ORDER FOR FULL DETAILS AND DEADLINES. Signed by Judge Brian Morris on 6/2/2017. (MMS)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
CITIZENS FOR CLEAN ENERGY et al.
)
)
and
)
)
THE NORTHERN CHEYENNE TRIBE,
)
)
Plaintiffs,
)
v.
)
)
UNITED STATES DEPARTMENT OF THE
)
INTERIOR et al.,
)
)
Federal Defendants,
)
)
and
)
)
THE STATE OF WYOMING,
)
)
Defendant-Intervenor
)
)
_________________________________________ )
)
CV 17-30-BMM
ORDER
Before the Court is a joint motion of the parties, filed May 31, 2017,
requesting an order consolidating civil action number CV 17-42-BMM with this case
and setting a single case management schedule for both actions. The Court has
reviewed the parties’ proposals and hereby enters the following order:
1. For good cause shown, State of California et al. v. Zinke et al., No. CV
17-42-BMM (D. Mont., filed May 9, 2011), is hereby consolidated with
this action, No. CV 17-30-BMM (D. Mont., filed Mar. 29, 2017), for
purposes of briefing and argument, with this action designated as the lead
case, to which all filings shall henceforth be made.
2. Federal Defendants shall file an answer to the complaint by July 18,
2017. Intervenor the State of Wyoming shall file an answer to the
complaint by July 25, 2017. This same deadline shall apply to any
additional intervenors who are granted party status by the Court.
3. In regard to the administrative record of the agency action challenged in
this case, the following schedule shall apply:
Deadline for Federal Defendants to
serve the administrative record on
the parties
August 11, 2017
Deadline for any motions to
supplement or complete the record
September 22, 2017
Deadline for Federal Defendants to
lodge the administrative record with
the Court and, if it has been revised, to
serve the revised record on the parties
September 29, 2017
4. The following schedule and word limits shall apply to summary
judgment briefing:
2
Opening Brief of Plaintiffs in
CV-17-30 (9,000 words)
October 20, 2017
Opening Brief of Plaintiffs in
CV-17-42 (9,000 words)
October 20, 2017
Federal Defendants’ Cross-Motion
and Opposition Brief (12,000 words)
November 17, 2017
Intervenor-Defendant State of
Wyoming’s Cross-Motion
and Opposition Brief, in which
prospective Intervenor-Movant State
of Montana may join if granted party
status (7,000 words)
November 29, 2017
Prospective Intervenor-Movant National
Mining Association’s Cross-Motion
and Opposition Brief, if granted party
status (7,000 words)
November 29, 2017
Opposition and Reply Brief of Plaintiff
in CV-17-30 (8,000 words)
December 13, 2017
Opposition and Reply Brief of Plaintiffs
in CV-17-42 (8,000 words)
December 13, 2017
Federal Defendants’ Reply
Brief (7,000 words)
January 12, 2018
Intervenor-Defendant State of
Wyoming’s Reply Brief, in which
prospective Intervenor-Movant State
of Montana may join if granted party
status (4,000 words)
January 19, 2018
Prospective Intervenor-Movant National
Mining Association’s Reply Brief, if
granted party status (4,000 words)
January 19, 2018
3
5. Because this case calls for review of agency action based on an
administrative record, see 5 U.S.C. § 706, the parties are hereby relieved
of the obligation, set forth in local rule 56.1(a) and (b), of filing
Statements of Undisputed Facts and Statements of Disputed Facts in
conjunction with summary judgment briefing. Instead, the parties shall
provide appropriate factual background in their respective briefs and
shall do so within the word limits authorized above.
6. Plaintiffs in civil action CV 17-30-BMM and Plaintiffs in civil action CV
17-42-BMM will each be permitted separate time for argument at any
hearings. Likewise, Federal Defendants, Defendant-Intervenor State of
Wyoming, and any additional intervenors who are granted party status by
the Court, will each be permitted separate time for argument at any
hearings.
DATED this 2nd day of June, 2017.
4
5
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?