Wildearth Guardians v. Hoover et al

Filing 40

ORDER re 39 Stipulation filed by Wildearth Guardians. IT IS ORDERED that the parties must provide further clarification of the reasons for the requested stay and show cause to excuse the failure to meet the November 18, 2016, Administrative Record deadline on or before December 12, 2016. Absent such clarification and cause, the parties' joint motion will be denied. Signed by Judge Donald W. Molloy on 12/9/2016. (NOS)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

FILED
DEC 09 2016
Clerk, U.S Courts

District Of Montana

Missoula Division

WILDEARTH GUARDIANS,

CV 16-65-M-DWM

Plaintiff,
ORDER
vs.
CRAIG HOOVER; DANIEL ASHE;
UNITED STATES FISH AND
WILDLIFE SERVICE; SALLY
JEWELL; AND THE UNITED STATES
DEPARTMENT OF THE INTERIOR,
Defendants,
and
MONTANA TRAPPERS
ASSOCIATION and NATIONAL
TRAPPERS ASSOCIATION,
Defendant-Intervenors.
The Administrative Record in this case was due on November 18, 2016.
(Doc. 34.) Because no record was provided to the Court, Federal Defendants were
ordered on December 8, 2016, to file the Administrative Record on or before
December 12, 2016. (Doc. 38.) Instead of complying with that Order or showing
cause why compliance was not possible, the parties filed a joint stipulation and
motion seeking to stay the proceedings in this case. (Doc. 39.) It is not clear from

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the parties' stipulation why the matter should be stayed and to what extent the
anticipated analysis under the National Environmental Policy Act for the CITES
export program may alter the nature of the case. Due to previous delay in the
administration of this matter, (see Docs. 33, 34) (extending the case management
schedule at the request of the Federal Defendants)), there is concern regarding the
'just, speedy, and inexpensive determination" of this action, Fed. R. Civ. P. 1.
Accordingly, IT IS ORDERED that the parties must provide further
clarification of the reasons for the requested stay and show cause to excuse the
failure to meet the November 18, 2016 Administrative Record deadline on or
before December 12, 2016. Absent such clarification and cause, the parties' joint
motion will be denied.
Dated this

L

day of December, 2016.

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