City of Las Vegas, et al. v. Bureau of Land Management, et al.

Filing 27

ORDER Granting 26 Motion for Entry of an Order Setting a New Schedule for Further Proceedings. Signed by Magistrate Judge Cam Ferenbach on 9/22/15. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4
5
6
7
8
9
10

JOHN C. CRUDEN
Assistant Attorney General
JOHN S. MOST
Trial Attorney
Natural Resources Section
P.O. Box 7611 Washington, D.C. 20044
202-616-3353 (voice)
202-305-0506 (fax)
[e-mail]
DANIEL G. BOGDEN
United States Attorney
BLAINE T. WELSH
Assistant United States Attorney (Bar No. 4790)
333 Las Vegas Boulevard South, Suite 5000
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: 702-388-6787
Email: [e-mail]

11
12

Attorneys for Defendants

13
14
15
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

16
17
18

CITY OF LAS VEGAS, et al.,
Plaintiffs,

19
20
21
22
23
24
25
26

v.
U.S. BUREAU OF LAND
MANAGEMENT, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 2:14-cv-01566-JAD
DEFENDANTS’ UNOPPOSED
MOTION FOR ENTRY OF A
SCHEDULING ORDER

1
2
3
4

Defendants hereby respectfully move for entry of an order setting a new schedule for further
proceedings in this action. The undersigned has conferred with counsel for Plaintiffs, who do not
oppose this request for a scheduling order. In support of this motion, Defendants state as follows.

5
6
7
8
9

This action concerns public lands managed by Defendant, the Bureau of Land Management
(“BLM”), located within the northern portion of the Las Vegas Valley – previously defined as the
Upper Las Vegas Wash Conservation Transfer Area (“CTA”). On August 12, 2015, the parties filed
a stipulation jointly requesting that the stay of proceedings, then about to expire, be extended until
September 9. Doc. No. 24. The stipulation noted passage of the National Defense Authorization Act

10
for Fiscal Year 2015 (“NDAA”), which, among other things, designated the vast majority of the lands
11
in the CTA as part of a national monument and expressly terminated BLM’s decision regarding the
12
CTA. In addition, the stipulation indicated that BLM had advised Plaintiffs in writing that the NDAA
13
negated the decision challenged in this case, rendering it no longer effective.
14
On August 13, the Court entered an order extending the stay to September 9. In addition, the
15
16

Court denied Defendants’ pending motion to dismiss, but did so “without prejudice to refiling” or to

17

the “filing of a revised motion to dismiss.” Doc. No. 11. Given the significant change in

18

circumstances brought about by the NDAA, Defendants intend to file a revised motion to dismiss (in

19

lieu of an answer), unless further discussions among the parties lead to voluntary dismissal. To allow

20

additional time for such further discussions, and to free Defendants of the duty to file an answer to the

21

complaint, as triggered by denial of its original motion to dismiss, Defendants request, and Plaintiffs

22
do not oppose, an order setting the following schedule:
23
24
25
26

1

1
2
3
4
5
6
7
8

Plaintiffs to advise whether they
will dismiss the action or not

October 8, 2015

If not, Defendants’ revised
motion to dismiss is due

October 20, 2015

Plaintiffs’ opposition
brief is due

November 10, 2015

Defendants’ reply
brief is due

November 24, 2015

Respectfully submitted, September 15, 2015, by

9

JOHN C. CRUDEN
Assistant Attorney General
U.S. Department of Justice
Environment and Natural Resources Division

10
11

/s/ John S. Most
JOHN S. MOST, Trial Attorney
Natural Resources Section
P.O. Box 7611 Washington, D.C. 20044
202-616-3353 (voice)
202-305-0506 (fax)
[e-mail]

12
13
14
15
16

Counsel for Defendants
17
18
19

IT IS SO ORDERED:

20
________________________________
UNITED STATES DISTRICT JUDGE
Magistrate

21
22
23

Proposed Discovery Plan and Scheduling
Order or Motion to Stay Discovery is due
by October 20, 2015.

September 22, 2015
DATED: ________________________

24
25
26

2

1
2
3

CERTIFICATE OF SERVICE
I certify that a copy of the foregoing is being filed with the Clerk of the Court using the
CM/ECF system, thereby serving it on all parties of record, this 15th day of September, 2015.
/s/ John S. Most
JOHN S. MOST
Counsel for Defendants

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

3