American Wild Horse Campaign et al v. Zinke et al

Filing 28

ORDER granting ECF No. 24 Joint Motion to Amend Scheduling Order (ECF No. 20 ). See order for further details. Signed by Judge Miranda M. Du on 6/6/2018. (Copies have been distributed pursuant to the NEF - LH)

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DAYLE ELIESON
United States Attorney
District of Nevada
HOLLY VANCE
Assistant United States Attorney
100 West Liberty Street, Suite 600
Reno, Nevada 89501
Phone: [phone]
Facsimile: [phone]
[e-mail]
JEFFREY H. WOOD
Acting Assistant Attorney General
U.S. Department of Justice
Environment & Natural Resources Division
DANIELA A. ARREGUI, Trial Attorney
Environment & Natural Resources Division
Natural Resources Section
P.O. Box 7611
Washington, D.C. 20044
Tel. [phone]
Fax [phone]
[e-mail]
DEVON LEA FLANAGAN, Trial Attorney
Environment & Natural Resources Division
Wildlife & Marine Resources Section
P.O. Box 7611
Washington, D.C. 20044
Tel. [phone]
Fax [phone]
[e-mail]
Attorneys for Federal Defendants

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KATHERINE A. MEYER
District of Columbia Bar No. 244301
Meyer Glitzenstein & Eubanks, LLP
4115 Wisconsin Avenue, N.W., Suite 210
Washington, D.C. 20016
Tel: [phone]
[e-mail]

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WILLIAM N. LAWTON
District of Columbia Bar No. 1046604
Meyer Glitzenstein & Eubanks, LLP
4115 Wisconsin Avenue, N.W., Suite 210
Washington, D.C. 20016
Tel: [phone]
[e-mail]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
)
AMERICAN WILD HORSE CAMPAIGN and )
KIMBERLEE CURYL,
)
)
Plaintiffs,
)
v.
)
)
RYAN ZINKE, Secretary of the Department of )
the Interior, MICHAEL D. NEDD, Acting
)
Deputy Director of Operations of Bureau of
)
Land Management, and JILL SILVEY, District )
Manager Elko District Office of Bureau of Land )
Management,
)
)
Defendants.
)

No. 3:18-cv-00059-RCJ-VPC
JOINT MOTION TO AMEND
SCHEDULING ORDER

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Ryan Zinke, in his official capacity as Secretary of the Department of Interior, Michael

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D. Nedd, in his official capacity as Acting Deputy Director of Operations of the Bureau of Land

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Management, Jill Silvey, in her official capacity as the Elko District Office Manager, and the

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United States Bureau of Land Management (“BLM”) (collectively, “Defendants”) and American

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Wild Horse Campaign and Kimberlee Curyl (collectively, “Plaintiffs”) hereby move to amend

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the briefing schedule in this case.

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On April 19, 2018, the parties submitted a Joint Motion for a Scheduling Order, ECF No.

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19. On April 24, 2018, the Court issued a Scheduling Order adopting the schedule proposed by

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the parties for the briefing of this case. ECF No. 20. Pursuant to the Scheduling Order,

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Plaintiffs’ Motion for Summary Judgment shall be filed no later than June 15, 2018 and

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Defendants’ combined Response and Cross-Motion for Summary Judgment shall be filed no

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later than July 17, 2018. Since the Scheduling Order was issued, one of Defendants’ lead

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counsel has had several time-sensitive litigation matters arise that will conflict with the current

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schedule, and Defendants’ other lead counsel will be on maternity leave during July and August.

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The parties have conferred and agreed to an amendment of the briefing schedule to accommodate

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these scheduling concerns. The parties propose that all briefing deadlines be extended by two

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weeks, except that Defendants’ Reply brief will be extended by only one week in order to

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minimize the delay to the ultimate conclusion of briefing in this case. There is good cause for

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this amendment of the schedule, which will only delay the end of briefing by one week and still

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permit the Court time to resolve this case prior to any potential wild horse gather after October 1,

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2018. See ECF No. 19 at 3 (representing that BLM did not anticipate conducting any further

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gathers in the Triple B or Antelope Complexes before the next Fiscal Year begins on October 1,

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2018, unless gathers are needed to address an emergency or public safety issue).

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For the foregoing reasons, the parties respectfully request that the Court amend the
Scheduling Order, ECF No. 20, and enter the following schedule:
i.

2018.

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Plaintiffs’ Motion for Summary Judgment shall be filed no later than June 29,

ii.

Federal Defendants shall file their combined Response to Plaintiffs’ Motion for

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Summary Judgment and Cross-Motion for Summary Judgment no later than July

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31, 2018.

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iii.

Plaintiffs shall file their combined Response to Federal Defendants’ Cross-Motion

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and Reply in support of their Motion for Summary Judgment no later than August

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17, 2018.

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iv.

Federal Defendants shall file their Reply in support of their Cross-Motion for
Summary Judgment no later than August 31, 2018.

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DATED: June 1, 2018.
Respectfully submitted,

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JEFFREY H. WOOD
Acting Assistant Attorney General
/s/ Devon Lea Flanagan
DEVON LEA FLANAGAN
Trial Attorney, D.C. Bar No. 1022195
Wildlife and Marine Resources Section
Environment & Natural Resources Division
P.O. Box 7611
Washington, D.C. 20044
Tel. [phone]
Fax [phone]
[e-mail]
/s/ Daniela A. Arregui
DANIELA A. ARREGUI
Trial Attorney, New York Bar No. 4714713
Natural Resources Section
Environment and Natural Resources Division
United States Department of Justice
P.O. Box 7611
Washington, D.C. 20044
Tel. [phone]
Fax [phone]
[e-mail]
Attorneys for Federal Defendants

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/s/ Katherine A. Meyer
KATHERINE A. MEYER
District of Columbia Bar No. 244301
Meyer Glitzenstein & Eubanks, LLP
4115 Wisconsin Avenue, N.W., Suite 210
Washington, D.C. 20016
Tel: [phone]
[e-mail]

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/s/ William N. Lawton
WILLIAM N. LAWTON
District of Columbia Bar No. 1046604
Meyer Glitzenstein & Eubanks, LLP
4115 Wisconsin Avenue, N.W., Suite 210
Washington, D.C. 20016
Tel: [phone]
[e-mail]

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Attorneys for Plaintiffs

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IT IS SO ORDERED.
Dated: June 6, 2018

____________________________
HON. MIRANDA M. DU
United States District Judge

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CERTIFICATE OF SERVICE
I hereby certify that on June 1, 2018, I electronically filed the foregoing with the Clerk of
the Court for the United States District Court for the District of Nevada by using the CM/ECF
system, which will serve a copy of the same on the counsel of record.

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/s/ Devon Lea Flanagan
DEVON LEA FLANAGAN
Trial Attorney, D.C. Bar No. 1022195
Wildlife and Marine Resources Section
Environment & Natural Resources Division
P.O. Box 7611
Washington, D.C. 20044
Tel. [phone]
Fax [phone]
[e-mail]

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