Center for Biological Diversity et al v. Vilsack et al

Filing 33

ORDER Granting 29 Stipulation for Extension of Summary Judgment Briefing Deadlines. Responses due by 4/8/2015, Replies due by 5/14/2015. Signed by Judge Richard F. Boulware, II on 3/2/15. (Copies have been distributed pursuant to the NEF - TR)

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JOHN C. CRUDEN
Assistant Attorney General
Environment and Natural Resources Division
U.S. Department of Justice
John H. Martin, Colo. Bar No. 32667
Wildlife & Marine Resources Section
999 18th St., South Terrace Suite 370
Denver, CO 80202
[phone] (tel)
[phone] (fax)
Email: [e-mail]

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Julia S. Thrower, CA Bar No. 253472
Natural Resources Section
301 Howard Street, Suite 1050
San Francisco, CA 94105
[phone] (tel)
[phone] (fax)
Email: [e-mail]

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CENTER FOR BIOLOGICAL DIVERSITY, )
et alia,
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) Case No. 2:13-cv-1785-RFB-GWF
Plaintiffs,
)
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v.
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TOM VILSACK, in his official capacity as
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Secretary of the U.S. Department of
)
Agriculture;
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et alia,
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Defendants.
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JOINT STIPULATION AND [PROPOSED] ORDER FOR EXTENSION
OF SUMMARY JUDGMENT BRIEFING DEADLINES
(Second Request)

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The parties – Plaintiffs Center for Biological Diversity, Maricopa Audubon Society, and Dr.
Robin Silver and Defendants Tom Vilsack, Gregory Parham, Sally Jewell, and Dan Ashe, in their
official capacities – hereby jointly submit this stipulation stating as follows:
1. On December 8, 2014, this Court approved a Joint Stipulation of the parties extending

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summary judgment briefing deadlines by one week. Doc. 27. Pursuant to that stipulation Defendants’
combined cross-motion for summary judgment and opposition to Plaintiffs’ motion for summary

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judgment is presently due February 20, 2015. Doc. 27. In their stipulation, the parties agreed that “in

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the event that changed circumstances necessitate revisions to this schedule, the parties will confer and

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jointly propose a revised schedule for the Court’s review and approval or otherwise seek amendment

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upon a showing of good cause.” Id. ¶ 4. Plaintiffs filed their Motion for Summary Judgment on

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December 22, 2014. Doc. No 28.
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2. On February 11, 2015, Defendants’ lead counsel conferred with Plaintiffs’ counsel to request

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a one-week extension for filing Defendants’ opening summary judgment brief, through and including

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February 27, 2015, based on unanticipated intervening briefs in other cases and personal obligations, as

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well as a need for additional time to coordinate the review of Defendants’ filing with the multiple

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Defendants. Plaintiffs’ counsel consented to the one-week extension, with the request that the

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subsequent briefing deadlines in the case be extended as well to account for other professional

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obligations and good cause shown.
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3. Accordingly, counsel for all parties stipulate that good cause exists for an extension in this
matter, and respectfully request that the Court approve the following proposed briefing schedule:

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Action

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Defendants shall file their combined crossmotion for summary judgment and opposition
to Plaintiffs’ motion for summary judgment

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New Date
February 27, 2015

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(50 pages)
Plaintiffs shall file their combined opposition and
reply to Defendants’ cross-motion (30 pages)

April 8, 2015

Defendants shall file their reply (20 pages)

May 14, 2015

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4. The parties agree that, in the event that further changed circumstances or good cause
necessitates further revision to this schedule, the parties will confer and jointly propose a further
revised schedule for the Court’s review and approval.

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Respectfully submitted this 12th day of February, 2015.
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JOHN C. CRUDEN
Assistant Attorney General
/s/ John H. Martin
John H. Martin, Colo. Bar No. 32667
(NV Bar No. 6048 currently inactive)
U.S. Department of Justice
Environment & Natural Resources Division
Wildlife & Marine Resources Section
999 18th St., South Terrace Suite 370
Denver, CO 80202
[phone] (tel)
[phone] (fax)
Email: [e-mail]
Julia S. Thrower, CA Bar No. 253472
Natural Resources Section
301 Howard Street, Suite 1050
San Francisco, CA 94105
[phone] (tel)
[phone] (fax)
Email: [e-mail]
Attorneys for Defendants
/s/ by permission given 2/12/15
William S. Eubanks II
(D.C. Bar No. 987036)
(Admitted Pro Hac Vice)

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Eric R. Glitzenstein
(D.C. Bar No. 358287)
(Admitted Pro Hac Vice)
Meyer Glitzenstein & Crystal
1601 Connecticut Avenue NW, Suite 700
Washington, DC 20009
[phone] / [phone] (fax)
[e-mail]

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Nevada Counsel: Henry K. Egghart
(Nevada Bar No. 3401 226 Hill Street
Reno NV 89501
[phone]
[phone] Fax
[e-mail]

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Attorneys for Plaintiffs

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IT IS SO ORDERED:
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________________________________
[UNITED STATES DISTRICT JUDGE,
RICHARDSTATES MAGISTRATE JUDGE]
UNITED F. BOULWARE, II
United States District Judge
DATED: March 2, 2015.

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Proof of Service
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I, John H. Martin certify that the following individuals were served with this Stipulation on this
date by the below identified method of service:

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Electronic Case Filing:
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William S. Eubanks II - [e-mail]
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Eric R. Glitzenstein - [e-mail]
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Henry K. Egghart - [e-mail]
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DATED this 12th day of February 2015.

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/s/ John Martin
John H. Martin
Trial Attorney

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