UNITED STATES OF AMERICA V. JOHN C. CARPENTER, ET AL.

Filing 399

ORDER granting 398 Unopposed Motion for Clarification of Scheduling Order and to Set Page Limits for Brief. (see pdf order for specifics) Signed by Magistrate Judge William G. Cobb on 2/1/2012. (Copies have been distributed pursuant to the NEF - DRM)

Michael S. Freeman, Colo. Bar # 030007
[e-mail]
Alison C. Flint, Colo. Bar # 41326
[e-mail]
EARTHJUSTICE
1400 Glenarm Pl., #300
Denver, CO 80202
[phone] (phone)
[phone] (facsimile)
Henry Egghart, Nev. Bar #3401
1675 Lakeside Drive
Reno, Nevada 89509
[phone] (phone)
[phone] (facsimile)
Attorneys for Intervenors and Cross-claimants

UNITED STATE DISTRICT COURT
DISTRICT OF NEVADA
)
UNITED STATES OF AMERICA,
)
)
Plaintiff,
3:99-CV-00547-RLH-(WGC)
)
)
ORDER GRANTING
v.
THE WILDERNESS SOCIETY et al.’s
)
UNOPPOSED MOTION FOR
)
JOHN C., CARPENTER, and ELKO
CLARIFICATION OF SCHEDULING
)
COUNTY, NEVADA, et al.,
ORDER AND TO SET PAGE LIMITS
)
FOR BRIEFING
)
Defendants,
)
)
THE WILDERNESS SOCIETY and
)
GREAT OLD BROADS FOR
)
WILDERNESS,
)
)
Intervenors and Cross-claimants.
)

Intervenors and Cross-claimants The Wilderness Society and Great Old Broads for
Wilderness (collectively, TWS) respectfully request clarification of the governing scheduling
order (Dkt. # 393) with respect to TWS’s filings in opposition to settlement agreement approval
and in support of a motion for summary judgment on the cross-claims. TWS requests leave to
file a single opening memorandum of points and authorities of no more than 50 pages, excluding
exhibits, in opposition to settlement approval and in support of its motion for summary judgment
on the cross-claims. Counsel for TWS has conferred with counsel for Plaintiff United States of
America and counsel for Defendant Elko County, Nevada, who do not oppose this Motion.
The scheduling order provides that “[t]he parties shall file dispositive motions and
supporting briefs addressing the cross-claims and issues related to the settlement agreement
approval by February 8, 2012.” Dkt. # 393 at 2. The scheduling order does not specify whether
the parties shall file separate briefs addressing settlement approval and the cross-claims, nor does
it prescribe page limits. Local Rule 7-4, however, limits points and authorities in support of or in
response to motions to 30 pages, excluding exhibits. The Rule also limits reply points and
authorities to 20 pages, excluding exhibits.
Because the issues addressed in the brief on settlement approval and the motion for
summary judgment on the cross-claims overlap substantially, TWS believes it will be most
efficient to address both components in a single opening memorandum of points and authorities.
A combined filing, however, will require more than 30 pages to present the issues clearly and
adequately. Accordingly, TWS requests leave to file a single opening memorandum of points
and authorities of no more than 50 pages, excluding exhibits, in opposition to settlement
approval and in support of its motion for summary judgment on the cross-claims.

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To avoid the need for further clarification of the scheduling order, TWS also requests that
the Court provide for similar combined filings on response and reply. TWS requests that the
Court permit the parties to file combined response points and authorities of up to 50 pages,
excluding exhibits, addressing both settlement approval and the cross-claims, and combined
reply points and authorities of up to 30 pages each, excluding exhibits.

Respectfully submitted January 31, 2012.
s/ Michael S. Freeman
Michael S. Freeman, Colo. Bar # 030007
[e-mail]
Alison C. Flint, Colo. Bar # 41326
[e-mail]
1400 Glenarm Pl., #300
Denver, CO 80202
[phone] (phone)
[phone] (facsimile)
Henry Egghart, Nev. Bar # 3401
1675 Lakeside Drive
Reno, NV 89509
[phone] (phone)
[phone] (facsimile)
Attorneys for The Wilderness
Society and Great Old Broads
For Wilderness

IT IS SO ORDERED:

UNITED STATES DISTRICT/MAGISTRATE JUDGE
DATED: February 1, 2012.

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