Humboldt County, et al v. Secretary of the United States Department of the Interior et al

Filing 77

JUDGMENT granting 75 Joint Motion for Judgment. Signed by Judge Robert C. Jones on 6/9/15. (Copies have been distributed pursuant to the NEF - JC)

DANIEL G. BOGDEN
United States Attorney, District of Nevada
GREG ADDINGTON
Assistant United States Attorney
100 W. Liberty Street, Suite 600
Reno, NV 89501
[phone]
JOHN C. CRUDEN
Assistant Attorney General
DAVID L. NEGRI, Trial Attorney
U.S. Department of Justice
Environment and Natural Resources Div.
c/o U.S. Attorney’s Office
800 Park Blvd., # 600
Boise, Idaho 83712
[phone]
[e-mail]
Attorneys for the United States of America

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA
HUMBOLDT COUNTY, a political
subdivision of the State of Nevada; and
DELONG RANCHES, INC., a Nevada
Corporation,

) Case No. 3:12-cv-650-RCJ-WGC
)
)
) JOINT MOTION FOR ENTRY OF FINAL
) JUDGMENT
Plaintiffs,
)
)
vs.
)
)
UNITED STATES OF AMERICA;
)
SECRETARY OF THE UNITED STATES )
DEPARTMENT OF THE INTERIOR;
)
DIRECTOR OF THE BUREAU OF LAND )
MANAGEMENT; NEVADA STATE
)
DIRECTOR OF THE BUREAU OF LAND )
MANAGEMENT; and DISTRICT
)
MANAGER FOR THE WINNEMUCCA
)
DISTRICT OF THE BUREAU OF LAND
)
MANAGEMENT,
)
)
Defendants.
)
_____________________________________ )

JOINT MOTION FOR ENTRY OF FINAL JUDGMENT-- Page 1

Case 3:12-cv-00650-RCJ-WGC Document 75 Filed 06/05/15 Page 2 of 5

Defendants United States of America et al. (collectively, “United States”), and Plaintiffs
Humboldt County and DeLong Ranches, Inc. (“DeLong Ranches”), through undersigned
counsel, jointly move this Court for entry of final judgment, as explained more fully below.
WHEREAS, the United States Department of the Interior, Bureau of Land Management
(“BLM”), manages certain federal land located in Humboldt County, Nevada, underlying the
road right-of-way claims at issue in this action;
WHEREAS, the parties have engaged in settlement negotiations, including court-assisted
settlement conferences, in this and a related case, DeLong Ranches, Inc. v. United States, 3:12cv-669-RCJ-WGC, having participated in seven separate settlement conference sessions with
U.S. Magistrate Judge McQuaid on January 7-8, March 5-6, July 29-30, November 5, December
16, 2014, February 10-11 and March 12, 2015;
WHEREAS, through such settlement conferences, the parties wholly resolved 18 road
right-of-way claims and partially resolved 2 of the 28 road right-of-way claims alleged in the
Complaint via the Stipulation for Partial Voluntary Dismissal filed September 12, 2014 (ECF
No. 52);
WHEREAS, through such settlement conferences, the parties wholly resolved one
additional road right-of-way claim and the remaining portion of one of the 28 road right-of-way
claims alleged in the Complaint via the Second Stipulation for Partial Voluntary Dismissal filed
October 17, 2014 (ECF No. 53);
WHEREAS, through such settlement conferences, the parties resolved the remaining 9
road right-of-way claims alleged in the Complaint via the Third Stipulation of Partial Voluntary
Dismissal, filed contemporaneously with this Joint Motion; and

JOINT MOTION FOR ENTRY OF FINAL JUDGMENT-- Page 2

Case 3:12-cv-00650-RCJ-WGC Document 75 Filed 06/05/15 Page 3 of 5

WHEREAS, through the above-listed filings, all claims alleged in the Complaint will be
resolved and dismissed, and no portion of this case will remain.
NOW, THEREFORE, the parties jointly move the Court to enter a Final Judgment
dismissing Plaintiffs’ Complaint in accordance with the above-listed filings.
Respectfully submitted, this 5th day of June, 2015.
FOR DEFENDANT UNITED STATES OF
AMERICA:

FOR PLAINTIFF HUMBOLDT COUNTY:

DANIEL G. BOGDEN
United States Attorney, District of Nevada
GREG ADDINGTON
Assistant United States Attorney
JOHN C. CRUDEN
Acting Assistant Attorney General
Environment and Natural Resources Division

MICHAEL MACDONALD
Humboldt County District Attorney
/s/ Michael Macdonald (consent obtained
on June 4, 2015)
Michael Macdonald, NSB No. 6046

/s/ David L. Negri
DAVID L. NEGRI
Trial Attorney
U.S. Department of Justice
FOR PLAINTIFF DELONG RANCHES,
INC.:
SCHROEDER LAW OFFICES, P.C.
/s/ Therese A. Ure (consent obtained
on June 5, 2015___)
Therese A. Ure, NSB No. 10255
SCHROEDER & LEZAMIZ LAW OFFICES,
LLP
/s/ W. Alan Schroeder (consent obtained
on June 5, 2015)
W. Alan Schroeder

JOINT MOTION FOR ENTRY OF FINAL JUDGMENT-- Page 3

Case 3:12-cv-00650-RCJ-WGC Document 75 Filed 06/05/15 Page 4 of 5

IT IS SO ORDERED:

______________________________________
UNITED STATES DISTRICT JUDGE, ROBERT
C. JONES
DATED: ______________________________
June 9, 2015

JOINT MOTION FOR ENTRY OF FINAL JUDGMENT-- Page 4

Case 3:12-cv-00650-RCJ-WGC Document 75 Filed 06/05/15 Page 5 of 5

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 5th day of June, 2015, the foregoing was electronically
filed with the Clerk of the Court and served using the CM/ECF system upon the following
parties/attorneys of record:
Michael Macdonald
Humboldt County District Attorney
501 South Bridge Street
P.O. Box 909
Winnemucca, NV 89446
[e-mail]
Therese A. Ure
SCHROEDER LAW OFFICES, P.C.
440 Marsh Avenue
Reno, NV 89509
[e-mail]
W. Alan Schroeder
Schroeder & Lezamiz Law Offices, LLP
447 West Myrtle Street; PO Box 267
Boise, Idaho 83701-0267
[e-mail]

/s/ David L. Negri
David L. Negri
United States Department of Justice
Environment & Natural Resources Division
[e-mail]

JOINT MOTION FOR ENTRY OF FINAL JUDGMENT-- Page 5