Clean Air Carolina et al v. NC Department of Transportation et al

Filing 35

ORDER granting 34 Joint MOTION for a Case Management Order and to Vacate the Order for Discovery Plan regarding 32 Order for Discovery Plan. Signed by Chief Judge James C. Dever III on 12/18/14. Counsel is reminded to read the order in its entirety for critical deadlines and information. (O'Brien, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA

CLEAN AIR CAROLINA, NORTH
CAROLINA WILDLIFE FEDERATION, and
YAD KIN RIVERKEEPER,
Plaintiffs,

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Chief Judge James C. Dever, III
No. 5:14-CV-863-D

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v.

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NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION, ANTHONY J. TATA,
Secretary, NCDOT, FEDERAL
HIGHWAY ADMINISTRATION, and JOHN
F. SULLIVAN, Division Administrator, FHWA,

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CASE MANAGEMENT ORDER

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Defendants.

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Upon consideration of the Parties' joint motion for a case management plan and for good
cause shown, the Court orders the Parties to follow this case management schedule.
A. January 5, 2015: By this date,
1. Any parties seeking to intervene or seeking leave to file amicus curiae briefs shall
file their motions.
2. Plaintiffs Clean Air Carolina, North Carolina Wildlife Federation, and Yadkin
Riverkeeper (collectively, the Conservation Groups) shall file any and all
declarations by which they intend to establish Article III standing.
B. January 23, 2015: By this date, the Conservation Groups shall file their motion for
summary judgment, and their brief in support of that motion shall not exceed 45 pages
(excluding the caption, tables, and signature blocks).
C. February 26,2015: By this date, the FHWA and NCDOT shall file their separate crossmotions for summary judgment. Each brief filed in support of each cross-motion shall

include their responses to the Conservation Groups' motion for summary judgment, and
each brief shall not exceed 37 pages (excluding the caption, tables, and signature blocks).
D. March 31,2015: By this date, the Conservation Groups shall file their combined reply to
their motion for summary judgment and their response to the FHWA's and NCDOT's
cross-motions for summary judgment, and that brief shall not exceed 32 pages (excluding
the caption, tables, and signature blocks).
E. April 21, 2015: By this date, the FHW A and NCDOT may file any replies to their
respective cross-motions for summary judgment, and each brief shall not exceed 20 pages
(excluding the caption, tables, and signature blocks).
F. April 30, 2015: By this date, the Conservation Groups may file one consolidated surreply
to the FHWA's and NCDOT's cross-motions for summary judgment, and that brief shall
not exceed 6 pages (excluding the caption, tables, and signature blocks).

G. The Court concludes that this case is not suitable for ADR and orders that Local ADR
Rule 101 does not require any mediated settlement conference.

H. The Court vacates its December 8, 2014, Order that directs the Parties to propose a
discovery plan.

IT IS SO ORDERED.
DATED this

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day of

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, 2014.