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

Filing 438

ORDER granting 437 Motion to Extend Time to Respond to 436 MOTION for Protective Order and to Complete Discovery. (Discovery due by 1/25/2013; Responses due by 11/16/2012.) Signed by Magistrate Judge William G. Cobb on 10/11/12. (Copies have been distributed pursuant to the NEF - JC)

Michael S. Freeman, Colo. Bar # 30007
[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)
)
v.
)
)
JOHN C., CARPENTER, and ELKO
) ORDER
COUNTY, NEVADA, et al.,
)
)
Defendants,
)
)
THE WILDERNESS SOCIETY and
)
GREAT OLD BROADS FOR
)
WILDERNESS,
)
Intervenors and Cross-claimants.
)
INTERVENORS AND CROSS-CLAIMANTS’ UNOPPOSED MOTION FOR
EXTENSION OF DEADLINES TO RESPOND TO ELKO COUNTY’S MOTION FOR
PROTECTIVE ORDER AND TO COMPLETE DISCOVERY (first request)

Intervenors and Cross-Claimants The Wilderness Society and Great Old Broads for
Wilderness (collectively, TWS) respectfully request a five-week extension of the deadline to
respond to Elko County’s September 28, 2012 motion for protective order (Dkt. # 436), until
November 16, 2012. TWS also seeks a commensurate five-week extension of the December 21,
2012 deadline for completing discovery, until January 25, 2013. Counsel for TWS has conferred
with counsel for the United States and for Elko County, who indicated their clients do not oppose
the requested extension.
On August 27, 2012, this Court reopened discovery in this case until December 21, 2012.
Dkt. # 435. On September 6, TWS served a set of interrogatories and document requests on both
the United States and Elko County. Pursuant to Federal Rules of Civil Procedure 33(b)(2) and
34(b)(2)(A), the United States’ and Elko County’s discovery responses currently are due October
9.
On September 28, Elko County moved for a protective order covering some of TWS’s
discovery requests. Dkt. # 436. Pursuant to Local Rule 7-2(b), TWS’s response to Elko’s
motion currently is due October 12.
The United States has requested a three-week extension of its October 9 deadline to
respond to discovery, until October 30. TWS is prepared to agree to that extension, provided
that corresponding adjustments can be made to other deadlines. First, it would conserve the
resources of the parties and the Court if TWS waits to respond to Elko’s motion for protective
order until it has the benefit of the United States’ discovery responses. The United States and
TWS are engaged in discussions about the scope of the government’s discovery responses.
Depending on the outcome of those discussions, the United States’ responses could resolve many
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of the discovery issues raised in Elko’s motion. In any event, because TWS served the same
discovery requests on both the United States and Elko County, it would be most efficient for
TWS to respond to any objections from both Elko and the United States at the same time.
For those reasons, TWS requests a five-week extension of the deadline for responding to
Elko’s motion for protective order, until November 16. The requested extension – until
seventeen days after the United States responds to the discovery requests – is reasonable.1
In addition, TWS respectfully requests a commensurate five-week extension of the
December 21, 2012 deadline for completing discovery, until January 25, 2013. This extension is
necessary to accommodate the five-week delay in the discovery process. None of the parties will
be prejudiced by this delay.
Accordingly, good cause exists to extend the deadline for TWS to respond to Elko’s
motion for protective order by five weeks, until November 16, 2012, and to extend the deadline
for completing discovery by five weeks as well, until January 25, 2013.

1

During much of the period after October 30, counsel for TWS must prepare for oral argument
in the related case of Great Old Broads for Wilderness v. Kimbell, No. 11-16183, before the
Ninth Circuit Court of Appeals. Oral argument is set for November 6. The November 16
deadline will provide TWS with ten days following the November 6 argument to respond to
Elko’s motion for protective order and any objections filed by the United States.
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Respectfully submitted October 8, 2012.
/s/ Michael S. Freeman
Michael S. Freeman, Colo. Bar # 30007
[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 MAGISTRATE JUDGE
U.S. District/Magistrate Judge
DATED: October 11, 2012.
DATED: October 10, 2012.
DATED:

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