Center for Biological Diversity v. Bernhardt et al

Filing 34

ORDER Granting 33 Stipulation for Extension of Time of the Briefing Schedule. Motions due by 8/20/2021. Responses due by 9/17/2021. Replies due by 11/5/2021. Signed by Judge Richard F. Boulware, II on 7/16/2021. (Copies have been distributed pursuant to the NEF - JQC) Modified on 7/16/2021 (JQC).

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CHRISTOPHER W. MIXSON, ESQ. (SBN 10685)
KEMP JONES LLP
3800 Howard Hughes Parkway, Suite 1700
Las Vegas, NV 89169
Phone: [phone]
[e-mail]
SCOTT LAKE (SBN 15765)
CENTER FOR BIOLOGICAL DIVERSITY
P.O. Box 6205
Reno, NV 89513
Phone: [phone]
[e-mail]
RYAN A. SHANNON (SBO 155537) (admitted Pro Hac Vice)
CENTER FOR BIOLOGICAL DIVERSITY
P.O. Box 11374
Portland, OR 97211
Phone: [phone] ext. 407
[e-mail]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CENTER FOR BIOLOGICAL DIVERSITY,

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Plaintiff,

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Case No. 2:20-cv-02131-RFB-DJA

vs.

SECOND STIPULATION AND
ORDER FOR EXTENSION OF
THE BRIEFING SCHEDULE

DEBRA HAALAND et al.,

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Defendants,

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and
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LEE CANYON SKI LIFTS, INC.,
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[Proposed] DefendantIntervenor

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Pursuant to Fed. R. Civ. P. 6(b) and LR IA 6-1, Plaintiff CENTER FOR BIOLOGICAL
DIVERSITY, by and through its attorneys, and Federal Defendants DEBRA HAALAND, in her

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official capacity as Secretary of the U.S. Department of the Interior, MARTHA WILLIAMS, in her
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official capacity as Principal Deputy Director of the U.S. Fish and Wildlife Service, GLEN

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KNOWLES, in his official capacity as Field Supervisor of the Southern Nevada Fish and Wildlife

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Office; U.S. FISH AND WILDLIFE SERVICE; WILLIAM DUNKELBERGER, in his official

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capacity as Humboldt-Toiyabe National Forest Supervisor; and U.S. FOREST SERVICE

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(collectively “Federal Defendants”), by and through their attorneys, hereby stipulate to an extension

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of the briefing schedule. Plaintiff’s motion for summary judgment is currently due on July 23, 2021.1

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See ECF 26, ¶ 4; ECF 31 at 1-2. This is the second stipulation for an extension of time for the
briefing schedule.
The parties propose the following briefing schedule in place of the current one:

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1. Deadline for Plaintiff to file its motion for summary judgment, which will be limited to 45

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pages: August 20, 2021

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2. Deadline for Federal Defendants to file their response to Plaintiff’s motion, and any cross-

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motion for summary judgment, which brief will be limited to 40 pages: September 17, 2021

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3. Deadline for [proposed] Defendant-Intervenor to file its response to Plaintiff’s motion, and

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any cross-motion for summary judgment, which brief will be limited to 30 pages: October 8,

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2021

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4. Deadline for Plaintiff to file its combined response and reply, which brief will be limited to

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40 pages: November 5, 2021

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5. Deadline for Federal Defendants to file any reply, which brief will be limited to 25 pages:

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December 8, 2021

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Although this Court has not yet ruled on proposed Defendant-Intervenors’ motion to intervene as
of the filing of this stipulation, the parties’ attorneys conferred with Defendant-Intervenors’ counsel,
and they had no objection to this proposed schedule.
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6. Deadline for [proposed] Defendant Intervenor to file any reply, which brief will be limited to

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20 pages: December 22, 2021

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This stipulation is warranted because settlement discussions between the parties are

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continuing. The parties would like to bring this matter to conclusion without further litigation, if
possible, and believe that more productive settlement discussions would be facilitated by an

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extension of the current briefing schedule.
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Dated: July 15, 2021

Respectfully submitted,

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/s/ Scott Lake
Scott Lake
Nevada Bar No. 15765
Center for Biological Diversity
P.O. Box 6205
Reno, NV 89513
[phone]
[e-mail]

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Counsel for the Center for Biological Diversity
JEAN E. WILLIAMS
Deputy Assistant Attorney General
/s/ Taylor A. Mayhall
Taylor A. Mayhall, Trial Attorney
MN Bar No. 0400172
Environment & Natural Resources Division
Wildlife & Marine Resources Section
P.O. Box 7611
Washington, D.C. 20044
Tel. [phone]
[e-mail]

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/s/ Bridget K. McNeil
BRIDGET K. MCNEIL, Senior Trial Attorney
CO Bar No. 34299
Wildlife and Marine Resources Section
999 18th St., South Terrace, Suite 370
Denver, CO 80202

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Tel: [phone]
[e-mail]

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PAUL G. FREEBORNE, Trial Attorney
VA Bar No. 33024
Natural Resources Section
P.O. Box 7611
Washington, D.C. 20044
Tel: [phone]
[e-mail]

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Attorneys for Federal Defendants

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IT IS SO ORDERED.

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July 16, 2021
DATED: ___________

____________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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Case 2:20-cv-02131-RFB-DJA Document 33 Filed 07/15/21 Page 5 of 5

CERTIFICATE OF SERVICE

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I hereby certify that today I electronically filed the foregoing SECOND STIPULATION AND
[PROPOSED] ORDER FOR EXTENSION OF THE BRIEFING SCHEDULE with the Clerk of the
Court using the CM/ECF system, which will send notification of such upon all attorneys of record.

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Dated this 15th day of July, 2021.
/s/ Scott Lake
Scott Lake

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