Bartell Ranch LLC et al v. McCullough et al

Filing 314

ORDER granting ECF No. 310 Motion to Stay Briefing on ECF No. 309 Motion for Attorneys Fees. The parties will submit a status report on the potential settlement of WWP's Motion within 60 days of the date of this Order (1/12/2024). (See pdf order for additional specifics.) Signed by Chief Judge Miranda M. Du on 11/13/2023. (Copies have been distributed pursuant to the NEF - DRM)

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Christopher Mixson (NV Bar#10685)
KEMP JONES, LLP
3800 Howard Hughes Parkway, Suite 1700
Las Vegas, Nevada 89169
702-385-6000
[e-mail]
Attorney for Plaintiffs

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Roger Flynn, (CO Bar#21078) Pro Hac Vice
Jeffrey C. Parsons (CO Bar#30210), Pro Hac Vice
WESTERN MINING ACTION PROJECT
P.O. Box 349, 440 Main St., #2
Lyons, CO 80540
[phone]
[e-mail]
Attorneys for Great Basin Resource Watch, Basin and Range Watch, and Wildlands Defense

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Talasi B. Brooks (ISB#9712), Pro Hac Vice
Western Watersheds Project
P.O. Box 2863
Boise ID 83714
[phone]
[e-mail]
Attorney for Western Watersheds Project

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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BARTELL RANCH LLC, et al.,

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Case No.: 3:21-cv-80-MMD-CLB
(LEAD CASE)

Plaintiffs,
JOINT MOTION BY
ENVIRONMENTAL PLAINTIFFS AND
FEDERAL DEFENDANTS FOR STAY
OF BRIEFING ON PLAINTIFFS’
MOTION FOR ATTORNEYS FEES AND
EXPENSES

v.
ESTER M. MCCULLOUGH, et al.,

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Defendants,
and
LITHIUM NEVADA CORPORATION,

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Intervenor-Defendant

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WESTERN WATERSHEDS PROJECT, et al.,

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Case No.: 3:21-cv-103-MMD-CLB
(CONSOLIDATED CASE)

Plaintiffs,

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and
RENO SPARKS INDIAN COLONY,

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Intervenor-Plaintiff,
and
BURNS PAIUTE TRIBE,

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Intervenor-Plaintiff,

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v.

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UNITED STATES DEPARTMENT OF THE
INTERIOR, et al.,

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Defendants,

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and

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LITHIUM NEVADA CORPORATION,

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Intervenor-Defendant.

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Plaintiffs Western Watersheds Project, et al. (WWP), and the Federal Defendants, the
United States Bureau of Land Management et al. (BLM), file this Joint Motion to stay briefing

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on WWP’s Motion for attorneys’ fees and expenses, in order to facilitate negotiations that may
result in settlement of WWP’s Motion.
Pursuant to the Equal Access to Justice Act, 28 U.S.C. §2412 (EAJA), WWP filed its
Motion on November 10, 2023 (ECF No. 309). The Federal Defendants’ response to WWP’s
Motion is due on November 24, 2023. In order to meet EAJA’s filing deadline, 28 U.S.C.

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§2412(d)(1)(B), and in support of potential settlement, WWP filed a “placeholder” fees motion,
meeting the requirements of EAJA, while allowing the parties to pursue settlement and avoid

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further briefing and evidence submittals while negotiations continue. See Greenpeace v. Stewart,
No. 17-35945, 2020 WL 2465321, *4-5 (9th Cir. Commissioner, May 12, 2020)(approving use

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of placeholder fees motion to facilitate settlement).
WWP and the Federal Defendants are currently engaged in negotiations and propose that

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briefing be stayed while these discussions are ongoing. In the event that a settlement cannot be

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reached, the parties further propose that WWP and the Federal Defendants will inform the Court

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and, at that time, file a joint schedule to allow WWP to amend its Motion and submit additional

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declarations and materials in support of its Motion, as well as a schedule for the Federal
Defendants’ response and WWP’s reply.
Accordingly, WWP and the Federal Defendants respectfully request that this Court issue
an Order such that:
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Briefing on WWP’s Motion is stayed;

2.

The parties will submit a status report on the potential settlement of WWP’s

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Motion within 60 days of the date of this Court’s Order on this Joint Motion; and
3.

If settlement cannot be reached, WWP and the Federal Defendants will file a joint

schedule for WWP to amend its Motion, and include additional declarations and materials in
support, as well as for the Federal Defendants’ response and WWP’s reply.

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Respectfully submitted this 10th day of November, 2023.

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/s/ Roger Flynn
Roger Flynn
Jeffrey C. Parsons
WESTERN MINING ACTION PROJECT
P.O. Box 349, 440 Main St., #2
Lyons, CO 80540
[phone]
[e-mail]

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Attorneys for GBRW, BRW, WD

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Talasi B. Brooks (ISB#9712), Pro Hac Vice
Western Watersheds Project
P.O. Box 2863
Boise ID 83714
[phone]
[e-mail]
Attorney for Western Watersheds Project

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Christopher Mixson (NV Bar#10685)
KEMP JONES, LLP
3800 Howard Hughes Parkway, Suite 1700
Las Vegas, Nevada 89169
702-385-6000
[e-mail]

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Attorney for Plaintiffs

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/s/ Michael K. Roberston (signed with permission)
Michael K. Robertson (DC Bar 1017183)
Trial Attorney, U.S. Department of Justice, Natural Resources Section
P.O. Box 7611
Washington, D.C. 20044-7611
202-305-9609
[e-mail]

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Attorney for Federal Defendants

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CERTIFICATE OF SERVICE
I hereby attest that I served the foregoing on counsel of record for all parties via the
Court’s CM/ECF system, this 10th day of November, 2023.

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/s/ Roger Flynn
Roger Flynn

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IT IS SO ORDERED.

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November 13, 2023
DATED: _________________
CHIEF U.S. DISTRICT JUDGE
MIRANDA M. DU

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