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

Filing 151

ORDER granting ECF No. 150 Motion to Extend Time : 1. Hecla to file Opposition to Cross-Motion for Summary Judgment (ECF No. 143 ) and Reply in Support of Motion for Summary Judgment (ECF No. 140 ) : December 1, 2021. 2. Federal Defendants to file Reply in Support of Cross-Motion for Summary Judgment (ECF No. 143 ) : December 22, 2021. Signed by Judge Larry R. Hicks on 8/17/2021. (Copies have been distributed pursuant to the NEF - DRM)

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Case 3:16-cv-00268-LRH-WGC Document 151 Filed 08/17/21 Page 1 of 4 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 BATTLE MOUNTAIN BAND of the TEMOAK TRIBE OF WESTERN 10 SHOSHONE INDIANS, 11 Plaintiff, 12 v. Case No.: 3:16-cv-0268 LRH-WGC 13 U.S. BUREAU OF LAND MANAGEMENT, and JILL SILVEY, in her official capacity as 14 Bureau of Land Management Elko District Manager, 15 Defendant. 16 and 17 CARLIN RESOURCES, LLC, 18 Defendant-Intervenor and Crossclaimant. 19 ORDER GRANTING DEFENDANTS’ JOINT MOTION FOR EXTENSION OF TIME (EIGHTH REQUEST) AND ORDER THEREON 20 21 22 23 24 25 26 27 On June 1, 2021, counsel for Defendant-Intervenor/Cross-Claimant Carlin/Hecla (Hecla) and Federal Defendants filed a their seventh Joint Motion for Extension of Time extending deadlines for summary judgment briefing in this case brought pursuant to the Administrative Procedure Act, 5 U.S.C. § 706 et seq. This Joint Motion for Extension of Time was granted by the Court on June 3, 2021 (ECF No. 149). Under the Court’s June 3, 2021Order, Hecla’s Opposition to Cross-Motion for Summary Judgment and Reply in Support of Motion for Summary Judgement are due September 2, 2021; 28 1 Case 3:16-cv-00268-LRH-WGC Document 151 Filed 08/17/21 Page 2 of 4 1 and Federal Defendants’ Reply in Support of Cross-Motion for Summary Judgment is due 2 September 23, 2021. 3 The Federal Defendants and Hecla have been engaged in settlement discussions and 4 believe they may have a proposed settlement to submit for approval, subject to final client 5 approval. Federal Defendants and Hecla have been making efforts to see if all parties would 6 participate in a possible resolution. To allow the parties to continue their focus on the potential 7 settlement resolution, Hecla and Federal Defendants hereby jointly move to extend the deadlines 8 as indicated below. All such briefing will be limited to Hecla’s cross claims given that the joint 9 status report and scheduling orders submitted have only involved Hecla and the Federal 10 Defendants. 11 12 The following deadlines would apply: 1. 13 14 Hecla to file Opposition to Cross-Motion for Summary Judgment and Reply in Support of Motion for Summary Judgment: December 1, 2021. 2. Federal Defendants to file Reply in Support of Cross-Motion for Summary Judgment: 15 December 22, 2021. 16 DATED this 17th day of August, 2021. 17 18 19 20 21 22 23 24 25 26 27 28 By: /s/ Laura K. Granier Laura K. Granier (Nevada Bar No. 7357) Erica K. Nannini (Nevada Bar No. 13922) Holland & Hart LLP 5441 Kietzke Lane, Suite 200 Reno, NV 89511-2094 Tel: 775-327-3000 lkgranier@hollandhart.com eknannini@hollandhart.com Attorneys for Carlin Resources, LLC TODD KIM Assistant Attorney General /s/ Peter K. Dykema Peter Kryn Dykema (DC Bar 419349) Natural Resources Section 4 Constitution Square 150 M Street, N.E. Washington, D.C. 20002 Peter.dykema@usdoj.gov 2 Case 3:16-cv-00268-LRH-WGC Document 151 Filed 08/17/21 Page 3 of 4 1 2 3 4 5 6 7 Attorney for Federal Defendants ORDER IT IS SO ORDERED. DATED this 17th day of August, 2021. ________________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Case 3:16-cv-00268-LRH-WGC Document 150 Filed 08/17/21 Page 4 of 4 151 1 2 3 CERTIFICATE OF SERVICE I hereby certify that on August 17, 2021, I filed the foregoing using the United States District Court CM/ECF, which caused all counsel of record to be served electronically. 4 /s/ Laura K. Granier Laura K. Granier, Esq. (SBN 7357) 5 6 17224310_v1 7 8 9 10 11 HOLLAND & HART LLP 5441 KIETZKE LANE, SUITE 200 RENO, NV 89511-2094 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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