Center for Biological Diversity et al v. Vilsack et al

Filing 35

ORDER Granting 34 Stipulation. Responses due by 4/29/2015. Replies due by 6/4/2015. Signed by Judge Richard F. Boulware, II on 3/26/15. (Copies have been distributed pursuant to the NEF - TR)

William S. Eubanks II
D.C. Bar No. 987036 (admitted pro hac vice)
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]
[e-mail]
Nevada Counsel: Henry K. Egghart
Nevada Bar No. 3401
226 Hill Street
Reno NV 89501
[phone] / [phone] (fax)
[e-mail]
Attorneys for Plaintiffs
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]
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

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA
Las Vegas Division
Center for Biological Diversity, et al.,

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Plaintiffs,
v.
Tom Vilsack, et al.,
Defendants.

Civ. No. 2:13-cv-1785-RFB-GWF

JOINT STIPULATION AND [PROPOSED] ORDER FOR EXTENSION
OF SUMMARY JUDGMENT BRIEFING DEADLINES
(Third Request)
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 summary judgment briefing deadlines by one week. See ECF No. 24. On March 2,
2015, this Court approved a second Joint Stipulation of the parties extending the remaining
summary judgment briefing deadlines by two weeks. See ECF No. 33. Pursuant to the latter
stipulation, Plaintiffs’ combined opposition to Defendants’ cross-motion for summary judgment
and reply in support of Plaintiffs’ motion for summary judgment is presently due April 8, 2015.
See id. In their stipulation, the parties agreed 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.” Id. ¶ 4.
Defendants filed their combined cross-motion for summary judgment and opposition to
Plaintiffs’ motion for summary judgment on February 27, 2015. See ECF No. 30.
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2.

On March 24, 2015, Plaintiffs’ lead counsel conferred with Defendants’ counsel

to request an extension for filing Plaintiffs’ combined opposition/reply brief, based on Plaintiffs’
counsel’s other professional obligations, including unanticipated intervening briefs in other cases
with non-extendable deadlines, as well as an intervening mandatory court appearance requiring
out-of-office travel. Upon review of their calendars, counsel for all parties agreed to extend the
filing deadline for Plaintiffs’ combined opposition/reply brief to April 29, 2015 (thus extending
Defendants’ reply brief deadline to June 4, 2015). Hence, Defendants have consented to the
following proposed schedule, and the parties agree that good cause has been shown here based
on changed circumstances.
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, which includes an extension for all remaining deadlines:
ACTION REQUIRED
Plaintiffs shall file their combined opposition and reply to
Defendants’ cross-motion (30 pages)

DATE
April 29, 2015

Defendants shall file their reply (20 pages)

June 4, 2015

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.

Respectfully submitted,
___/s/________________________
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]
___/s/________________________
Nevada Counsel: Henry K. Egghart
(Nevada Bar No. 3401
226 Hill Street
Reno NV 89501
[phone]
[phone] Fax
[e-mail]
Attorneys for Plaintiffs
JOHN C. CRUDENAssistant Attorney General
/s/ with permission
John H. Martin, Colo. Bar No. 32667
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

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IT IS SO ORDERED:

______________________________________
RICHARD F. BOULWARE, II
[UNITED STATES DISTRICT JUDGE,
UNITED STATES MAGISTRATE JUDGE]
this 26th day of
DATED: _____________March, 2015.

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