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

Filing 162

ORDER GRANTING 160 Joint Motion to Amend Scheduling Order 125 . SCHEDULING ORDER Re: Plaintiff's Challenge to Supplemental Final EIS and New Record of Decision. BLMs submittal of the supplemental administrative record due 4/8/2011; Plaintiffs file supplemental complaint to raise issues identified in the Joint Motion due 4/15/2011; BLM and Barrick file Answers to supplemental complaint due 4/29/2011; Plaintiffs file opening summary judgment motion, limited to 40 pages, due 5/13/2011; BLM and Barrick file cross-motions for summary judgment, each limited to 40 pages, due 6/10/2011; Plaintiffs file consolidated response/reply on summary judgment, limited to 30 pages due 7/22/2011; BLM and Barrick file replies on summary judgment, each l imited to 20 pages, due 8/12/2011; and, Barrick will prepare and file joint appendix containing copies of pages from the administrative record relied on in the briefs due 8/26/2011. Oral argument on the parties' cross motions for summary jud gment (to be filed) shall be set for 10/6/2011 at 10:00 a.m. (Motion Hearing set for 10/6/2011 10:00 AM in Reno Courtroom 5 before Judge Larry R. Hicks.) Signed by Judge Larry R. Hicks on 4/6/2011. (Copies have been distributed pursuant to the NEF - MLC)

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

Doc. 162

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and BARRICK CORTEZ INC., Defendant-Intervenor. Pursuant to the Joint Motion of the parties, Plaintiffs South Fork Bank Council of Western Shoshone of Nevada, Te-Moak Tribe of Western Shoshone Indians of Nevada, Timbisha Shoshone Tribe, Western Shoshone Defense Project, and Great Basin Resource Watch (collectively "Plaintiffs"), Defendants United States Department of the Interior, United States v. UNITED STATES DEPARTMENT OF THE INTERIOR; UNITED STATES BUREAU OF LAND MANAGEMENT; DOUGLAS W. FURTADO, District Manager, Battle Mountain Field Office, Defendants, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA SOUTH FORK BAND COUNCIL OF WESTERN SHOSHONE OF NEVADA; TE-MOAK TRIBE OF WESTERN SHOSHONE INDIANS OF NEVADA; TIMBISHA SHOSHONE TRIBE; WESTERN SHOSHONE DEFENSE PROJECT; and GREAT BASIN RESOURCE WATCH, Plaintiffs, Judge: Larry R. Hicks Magistrate Judge: Robert A. McQuaid, Jr. Case No. 3:08-CV-00616-LRH-RAM

[PROPOSED] SCHEDULING ORDER REGARDING PLAINTIFFS' CHALLENGE TO SUPPLEMENTAL FINAL EIS AND NEW RECORD OF DECISION

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Bureau of Land Management, and Douglas W. Furtado ("BLM"), and Defendant-Intervenor Barrick Cortez Inc. ("Barrick"), proposing an agreed-upon schedule to govern the remaining litigation in this case, the Court, having considered the parties submissions and being fully advised in the matter, HEREBY ORDERS that the following schedule shall govern the remainder of this litigation and that the parties file the following documents on the dates indicated: BLM's submittal of the supplemental administrative record to all parties and this Court (in electronic format). Plaintiffs file supplemental complaint, pursuant to FRCP 15, to raise issues identified in the Joint Motion. BLM and Barrick file Answers to supplemental complaint. Plaintiffs file opening summary judgment motion, limited to 40 pages. BLM and Barrick file cross-motions for summary judgment, each limited to 40 pages. Plaintiffs file consolidated response/reply on summary judgment, limited to 30 pages. BLM and Barrick file replies on summary judgment, each limited to 20 pages. Barrick will prepare and file joint appendix containing copies of pages from the administrative record relied on in the briefs April 8, 2011 April 15, 2011 April 29, 2011 May 13, 2011 June 10, 2011 July 22, 2011 Aug. 12, 2011 Aug. 26, 2011

Oral Argument on the parties' cross motions for summary judgment shall be set for October 6 10:00 _m. _________________, 2011, at ______a.m. 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. /// DATED this ____ day of ________ 2011.

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DATED this 6th day of April, 2011.

BY THE COURT: COURT BY THE

______________________________ LARRY R. HICKS United States District Judge ________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE

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