Alliance for the Wild Rockies et al

Filing 37

ORDER granting 33 Motion for Reconsideration. See order for details/deadlines. Signed by Judge Dana L. Christensen on 10/23/2017. (ASG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
ALLIANCE FOR THE WILD ROCKIES,
NATIVE ECOSYSTEMS COUNCIL,

CV 17-21-M-DLC

Plaintiffs,
ORDER

vs.

LEANNE MARTEN, Regional Forester
of Region One of the U.S. Forest Service,
UNITED STATES FOREST SERVICE,
an agency of the U.S. Department of
Agriculture,

Defendants.

On October 2, 2017, Defendants filed a Status Report and Request to
Extend Stay which this Court denied on October 10, 2017. Defendants have now
filed a Motion for Leave to Seek Reconsideration (Doc. 35) of the Court's
decision to deny the extension of the stay. In support of the Motion, Defendants
argue the Court erred in ruling before Defendants had time to file a reply brief on
the issue, and that the facts are materially different than those presented to the
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Court at the time of the October 10, 2017, Order. Defendants are now seeking to
extend the stay until January 19, 2018, to allow the Forest Service to conduct
studies and assessments of the project area to determine the impact of the recent
fires. The Court will grant Defendants' motion and reserve ruling on the Motion
for Reconsideration until it has been fully briefed. Further, in order to facilitate
the briefing, the Court will vacate and reset the deadline for Defendants' Response
to Plaintiffs' Motion for Summary Judgment. During this period of briefing the
Court expects Defendants to utilize this time to perform the work outlined in its
supporting brief, including "on-the-ground assessments, low-level aerial
photography, and updating analytical modalities like V-Map" in order to meet its
requested date. (Doc. 36-1 at 3.) Accordingly,
IT IS ORDERED that Defendants' Motion for Leave to Seek
Reconsideration (Doc. 33) is GRANTED. The Clerk's Office shall file
Defendants' Memorandum Supporting Reconsideration and Third Declaration of
Patrick Shanley. (Doc. 36-1.)
IT IS FURTHER ORDERED that the Parties shall adhere to an expedited
briefing schedule on the matter of reconsideration. Plaintiffs shall file their
Response Brief by November 3, 2017, and Defendants shall have until November
10, 2017, to file a reply.
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IT IS FURTHER ORDERED that Defendants' November 1, 2017, deadline
for filing their Response to Plaintiffs' Motion for Summary Judgment is
VACATED. A new deadline will be set following the briefing as outlined in this
Order.
DATED this l3dday of October, 2017.

Dana L. Christensen, Chief Judge
United States District Court

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