Coastal Conservation League et al v. United States Army Corps of Engineers Charleston District et al

Filing 32

CONSENT ORDER FOR CONTINUANCE. Signed by the Honorable R. Bryan Harwell on 10/5/2016. (hcic, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Coastal Conservation League and
South Carolina Wildlife Federation,

)
)
)
Plaintiffs,
)
)
vs.
)
)
United States Army Corps of Engineers,
)
Charleston District, and Lt. General Todd )
T. Semonite, Lt. Colonel Matthew Luzzato; )
US Environmental Protection Agency;
)
Gina McCarty; Heather McTeer Toney,
)
Horry County,
)
)
Defendants.
)
____________________________________)

Civil Action No.: 4:16-CV-3008-RBH

CONSENT ORDER FOR
CONTINUANCE

This matter comes before the Court on joint motion of the parties for a continuance
regarding the scheduling of briefing and argument on Plaintiffs’ Motion for a Preliminary
Injunction. The Court set a date of October 6, 2016 for Defendants’ to file responsive evidence
and argument and of October 11, 2016 for Plaintiffs to file a reply. Argument was set for
October 12, 2016 on the motion. The pending potential landfall of Hurricane Matthew has
created an emergency situation in the coastal counties. This creates a significant impediment to
the ability of Horry County to file declarations and other evidence as the county officials are
focused on hurricane preparation. A similar problem would be created for Plaintiffs to reply in
light of the governor’s evacuation order for coastal counties.
In light of the hurricane potential, it is ordered that briefing and argument are rescheduled
as follows:

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Defendants’ briefs and evidence in response to Plaintiffs’ motion shall be filed no later
than October 20;
Plaintiffs’ reply shall be filed no later than October 25;
Argument on the Plaintiffs’ motion shall be held at 10:00 a.m. on October 28 in Florence.
Until such time as the Court rules on the Plaintiffs’ motion, the Consent Order entered
September 23, 2016 imposing a Temporary Restraining Order shall remain in effect. Plaintiffs
do not by consenting to the continuance of that Order waive any argument that the terms of the
Order have not been followed by Horry County. 
IT IS SO ORDERED.
October 5, 2016
Florence, South Carolina

s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge

WE CONSENT:
s/ Amy E. Armstrong (ID # 9625)
______________________
Amy E. Armstrong
S.C. Environmental Law Project
P.O. Box 1380
Pawleys Island, S.C. 29585
[phone]
Email: [e-mail]
Attorneys for Plaintiffs

s/ Stan Barnett (ID # 5306)
_______________________
P.O. Box 1542
Mt. Pleasant, S.C. 29465
[phone]
Email: [e-mail]
Attorney for Horry County

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s/ Matthew J. Modica (ID # 10226)
_____________________________
Matthew J. Modica
Assistant U.S. Attorney
District of South Carolina
151 Meeting Street, Suite 200
Charleston, S.C. 29401
[phone]
Email: [e-mail]
Attorney for the United States

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