State of New Mexico et al v. United States Department of the Interior et al

Filing 17

ORDER granting 16 Motion to Consolidate Cases. Citizens for Clean Energy CV-17-30-GF-BMM is 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) Modified on 6/2/2017 to add case number (MMS).

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION

)
)
STATE OF CALIFORNIA et al.,
)
)
Plaintiffs,
)
v.
)
)
RYAN ZINKE et al.
)
)
Federal Defendants.
)
_________________________________________ )

CV 17-42-BMM

ORDER

Before the Court is a joint motion of the parties, filed June 1, 2017, requesting
an order consolidating this case with civil action number CV 17-30-BMM 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, this action, No. CV 17-42-BMM (D. Mont., filed
May 9, 2011), is hereby consolidated with Citizens for Clean Energy et
al. v. Zinke et al. (“Citizens”), No. CV 17-30-BMM (D. Mont., filed
Mar. 29, 2017), for purposes of briefing and argument, with Citizens
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:
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

2

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

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.
3

6. Plaintiffs in civil action CV 17-30-BMM and Plaintiffs in this action 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