South Fork Band Council of Western Shoshone of Nevada, et al vs U.S Department of Interior, et al

Filing 131

ORDER granting 130 Federal Defendants' unopposed Motion to Extend Time as follows: Defendants' & Defendant-Intervenor's responses to Plaintiff's 127 Motion for Summary Judgment and Defendants' & Defendant-Intervenor' ;s Cross-Motions for Summary Judgment are due 3/12/2010, and each of their briefs in support thereof may comprise up to 40 pages; Plaintiffs' reply in support of their 127 Motion for Summary Judgment and Plaintiffs' response to Defendants ' & Defendant-Intervenor's Cross-Motions for Summary Judgment are due 4/16/2010, and their brief in support thereof may comprise up to 40 pages; Defendants & Defendant-Intervenor's replies in support of their Cross-Motions for Summary Judgment are due 5/14/2010 and each of their briefs in support thereof may comprise up to 20 pages; The parties need not submit Statements of Material Fact in support of their motions and cross-motions and may simply cite to the administrative record previously lodged w/the court; The parties shall jointly submit to the court a printed appendix of all sections of the administrative record cited in the parties' briefs by 5/28/2010; The parties shall not address at this stage whether a perman ent injunction shall issue if this court grants Plaintiff's Motion for Summary Judgment. Following the court's ruling on the merits of the FLPMA and NEPA claims, the court will determine what further proceedings are necessary and the manner in which they will be conducted. Signed by Judge Larry R. Hicks on 1/19/10. (Copies have been distributed pursuant to the NEF - SL)

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GREGORY A. BROWER United States Attorney HOLLY VANCE Assistant United States Attorney 100 West Liberty St., Suite 600 Reno, Nevada 89501 [phone] [phone] - facsimile IGNACIA S. MORENO Assistant Attorney General SARA E. COSTELLO Trial Attorney TY BAIR Trial Attorney United States Department of Justice Environment & Natural Resources Division Natural Resources Section P.O. Box 663 Washington D.C. 20044-0663 [phone] - phone [phone] - facsimile ATTORNEYS FOR FEDERAL DEFENDANTS

16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA SOUTH FORK BAND COUNCIL OF WESTERN SHOSHONE OF NEVADA, et al. ) ) ) ) Plaintiffs, ) ) v. ) ) UNITED STATES DEPARTMENT OF THE INTERIOR, ) et al. ) ) Defendants, ) ) and ) ) BARRICK CORTEZ, INC. ) ) Defendant-Intervenor ) )

3 0 - -cv-00616-L HD R -RA C:V8N-08-00616-RH-MAM M AMENDED SCHEDULING [FEDERAL DEFENDANTS' ORDER PROPOSED] AMENDED SCHEDULING ORDER

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Upon consideration of the Federal Defendants' Unopposed Motion to Modify Scheduling Order, and finding that good cause exists for the granting of the Motion, the Motion is hereby GRANTED; and it is hereby ORDERED that Defendants' and Defendant-Intervenor's Responses to Plaintiffs' Motion for Summary Judgment and Cross-Motions for Summary Judgment are due March 12, 2010, and that each of their briefs in support thereof may comprise up to 40 pages; ORDERED that Plaintiffs' Reply in Support of Plaintiffs' Motion for Summary Judgment and Plaintiffs' Response to Defendants' and Defendant-Intervenor's Cross-Motions for Summary Judgment are due April 16, 2010, and that their brief in support thereof may comprise up to 40 pages; ORDERED that Defendants' and Defendant-Intervenor's Replies in Support of their Cross-Motions for Summary Judgment are due May 14, 2010, and that each of their briefs in support thereof may comprise up to 20 pages. ORDERED that the parties need not submit Statements of Material Fact in support of their motions and cross-motions and may simply cite to the administrative record previously lodged with the Court. ORDERED that the parties shall jointly submit to the Court a printed appendix of all sections of the administrative record cited in the parties' briefs by May 28, 2010. ORDERED that the parties shall not address at this stage whether a permanent injunction shall issue if this Court grants Plaintiffs' Motion for Summary Judgment. Following the Court's ruling on the merits of the FLPMA and NEPA claims, the Court will determine what further proceedings are necessary and the manner in which they will be conducted.

IT IS SO ORDERED. Dated: January 19, 2010. _______________________________ The Honorable Larry R. Hicks United States District Court Judge

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