Battle Mountain Band of the Te-Moak Tribe of Western Shoshone Indians v. United States Bureau of Land Management et al

Filing 135

ORDER granting ECF No. 134 Motion to Extend Time : 1. Helca to File Motion for Summary Judgment: July 15, 2020.2. Federal Defendants to file Cross-Motion for Summary Judgment and Opposition to Hecla's Motion for Summar y Judgment: August 31, 2020.3. Hecla to file Opposition to Federal Defendants' Cross-Motion for Summary Judgment and Reply in Support of Hekla's Motion for Summary Judgment: September 14, 2020.4. Federal Defendants to file Reply in Support of their Cross-Motion for Summary Judgment: October 19, 2020. Signed by Judge Larry R. Hicks on 5/28/2020. (Copies have been distributed pursuant to the NEF - DRM)

Case 3:16-cv-00268-LRH-WGC Document 134 Filed 05/18/20 Page 1 of 4
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Laura K. Granier, Esq (SBN 7357)
Erica K. Nannini, Esq. (SBN 13922)
HOLLAND & HART LLP
5441 Kietzke Lane, 2nd Floor
Reno, Nevada 89511
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Carlin Resources, LLC

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

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11 BATTLE MOUNTAIN BAND of the TEMOAK TRIBE OF WESTERN SHOSHONE
12 INDIANS,
Plaintiff,

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v.

U.S. BUREAU OF LAND MANAGEMENT,
15 and JILL SILVEY, in her official capacity as
Bureau of Land Management Elko District
16 Manager,
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Defendants,

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CARLIN RESOURCES, LLC,
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Defendant-Intervenor
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and Crossclaimant.
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) Case No. 3:16-cv-0268 LRH-WGC
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) DEFENDANTS’ JOINT MOTION FOR
) EXTENSION OF TIME
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AND ORDER THEREON
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On December 5, 2019, counsel for Defendant-Intervenor/Cross-Claimant Carlin/Hecla

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(Hecla) and Federal Defendants filed a Joint Case Management Statement (ECF No. 132) setting

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proposed deadlines for lodging of the administrative record and for summary judgment briefing

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on Hecla’s cross claims in this case brought pursuant to the Administrative Procedure Act, 5

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U.S.C. § 706 et seq. The Joint Case Management Statement indicated that Hecla would file its

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opening Motion for Summary Judgment on June 1, 2020. However, the parties continue to seek

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settlement of the claims in this case, which may avoid the need for further proceedings. That

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process has taken longer than anticipated in light of logistical constraints caused by the COVID-

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19 pandemic and the unavailability of various participants. However, the parties continue to

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believe the dispute can be resolved through a stipulated settlement.

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Thus, Hecla and the Federal Defendants hereby move to extend all the deadlines for

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summary judgment briefing on Hecla’s cross claims in this case by 45 days. The following

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deadlines would apply:

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Helca to File Motion for Summary Judgment: July 15, 2020

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2.

Federal Defendants to file Cross-Motion for Summary Judgment and Opposition to

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Hecla’s Motion for Summary Judgment: August 31, 2020
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Hecla to file Opposition to Federal Defendants’ Cross-Motion for Summary Judgment
and Reply in Support of Hekla’s Motion for Summary Judgment: September 14, 2020

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Federal Defendants to file Reply in Support of their Cross-Motion for Summary

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Judgment: October 19, 2020.

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DATED this 18 day of May, 2020

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By: /s/ Laura K. Granier
Laura K. Granier, Esq (SBN 7357)
Erica K. Nannini, Esq. (SBN 13922)
Holland & Hart llp
5441 Kietzke Lane, 2nd Floor
Reno, Nevada 89511
Tel: [phone]
Fax: [phone]
[e-mail]

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Case 3:16-cv-00268-LRH-WGC Document 134 Filed 05/18/20 Page 3 of 4
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[e-mail]
Attorneys for Carlin Resources, LLC

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PRERAK SHAH
Deputy Assistant Attorney General
Environment and Natural Resources Division
United States Department of Justice

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/s/ Peter Kryn Dykema
PETER KRYN DYKEMA (DC Bar 419349)
Natural Resources Section
4 Constitution Square
150 M Street, N.E.
Washington, D.C. 20002
Tel: [phone]
[e-mail]

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Attorneys for Federal Defendants

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ORDER

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IT IS SO ORDERED.

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DATED this 28th day of May, 2020.

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________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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