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

Filing 142

ORDER granting ECF No. 141 Joint Motion for Extension of Time as follows: 1. Federal Defendants to file Cross-Motion for Summary Judgment and Opposition to Summary Judgment: December 11, 2020 2. Hecla to file Opposition to Cro ss-Motion for Summary Judgment and Reply in Support of Motion for Summary Judgment: January 22, 2021 3. Federal Defendants to file Reply in Support of Cross-Motion for Summary Judgment: February 12, 2021. Signed by Judge Larry R. Hicks on 11/12/2020. (Copies have been distributed pursuant to the NEF - LW)

Case 3:16-cv-00268-LRH-WGC Document 141 Filed 11/10/20 Page 1 of 3

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Peter Kryn Dykema
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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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

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BATTLE MOUNTAIN BAND of the TE10 MOAK TRIBE OF WESTERN SHOSHONE
11 INDIANS,
Plaintiff,

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

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and
CARLIN RESOURCES, LLC,

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Defendant-Intervenor
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 (Fourth Request)
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AND ORDER THEREON
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Case 3:16-cv-00268-LRH-WGC Document 141 Filed 11/10/20 Page 2 of 3

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On September 11, 2020, counsel for Defendant-Intervenor/Cross-Claimant Carlin/Hecla

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(Hecla) and Federal Defendants filed a their third Joint Motion for Extension of Time extending

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deadlines for lodging of the administrative record and for summary judgment briefing in this

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case brought pursuant to the Administrative Procedure Act, 5 U.S.C. § 706 et seq. This Joint

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Motion for Extension of Time was granted by the Court on September 17, 2020 (ECF No. 139).

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Under the Court’s September 17 Order Hecla filed its opening Motion for Summary Judgment

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on September 14, 2020; Federal Defendants’ Opposition and Cross-motion are due November

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13; Hecla’s Opposition and Reply is due December 14; and Federal Defendants’ Reply is due

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January 12, 2021.

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Due to the press of other matters and logistical constraints caused by the COVID-19

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pandemic, Hecla and the Federal Defendants hereby jointly move to extend the deadlines for

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summary judgment briefing in this case as indicated below. All such briefing will be limited to

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Hecla’s cross claims given that the joint status report and scheduling orders submitted have only

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involved Hecla and the Federal Defendants.

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The following deadlines would apply:
1.

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Summary Judgment: December 11, 2020.
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Federal Defendants to file Cross-Motion for Summary Judgment and Opposition to

Hecla to file Opposition to Cross-Motion for Summary Judgment and Reply in Support
of Motion for Summary Judgment: January 22, 2021.

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

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February 12, 2021.

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DATED this 10th day of November , 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]

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Case 3:16-cv-00268-LRH-WGC Document 141 Filed 11/10/20 Page 3 of 3

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Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Carlin Resources, LLC

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PAUL E. SALAMANCA
Deputy Assistant Attorney General 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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OR D ER

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IT IS SO ORDERED.

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DATED this 12th day of November, 2020.
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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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