Columbia Riverkeeper et al v. Pruitt et al

Filing 30

ORDER denying Defendants' 18 Motion to Suspend Briefing Schedule signed by Judge Ricardo S Martinez. (TH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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COLUMBIA RIVERKEEPER, et al.,

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Plaintiffs,

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v.

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Case No. C17-289RSM
ORDER DENYING DEFENDANTS’
MOTION TO SUSPEND BRIEFING
SCHEDULE

SCOTT PRUITT, et al.,

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Defendants.

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This matter comes before the Court on Defendants’ Motion to Suspend Briefing

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Schedule, filed on August 21, 2017, and noted for consideration on September 1, 2017, the

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second Friday after filing. Dkt. #18. Plaintiffs filed their Response at 4:03 PM on the noting

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date. Dkt. #28. Defendants did not file a reply brief.
On June 13, 2017, at the request of the parties, the Court entered a Scheduling Order

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establishing deadlines for cross-motions for summary judgment. Dkt. #15. Under that Order,

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Plaintiffs’ motion for summary judgment was due August 14, 2017. On August 3, 2017, the

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parties jointly moved to extend the deadline for Plaintiffs’ motion for summary judgment until
August 30, 2017. Dkt. #16. The Court granted that relief. Dkt. #17. Plaintiffs filed their
Motion for Summary Judgment on August 30, 2017. Dkt. #19.

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ORDER DENYING DEFENDANTS’ MOTION TO SUSPEND BRIEFING SCHEDULE - 1

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Defendants request the Court “suspend the briefing schedule in the above-captioned

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matter for 90 days, or until November 19, 2017.” Dkt. #18 at 1. Defendants request this relief

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because the EPA sent a letter to the States of Washington, Oregon, and Idaho on August 10,

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2017, which could affect the underlying issues of this case. See Dkt. #18 at 2; Dkt. #18-1.

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A motion for relief from a deadline is one of three types of motions permitted by this
Court to be heard as a “Second Friday Motion.” See LCR 7(d)(2). The response brief to such a

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Motion is due the Wednesday before the noting date. Id. A motion requesting a stay or other

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similar relief would likely be considered a “Third Friday Motion” unless stipulated by the

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parties. See LCR 7(d). “A motion for relief from a deadline should, whenever possible, be
filed sufficiently in advance of the deadline to allow the court to rule on the motion prior to the

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deadline.” LCR 7(j). “Parties should not assume that the motion will be granted and must

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comply with the existing deadline unless the court orders otherwise.” Id.

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The Court begins by noting that both parties have committed procedural errors.
Defendants filed the instant Motion without clearly captioning it as a motion for relief from a

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deadline. However, because they noted it for consideration on the second Friday after filing,

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the Court interprets it as such. Defendants failed to file this Motion sufficiently in advance of

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the deadline of August 30, 2017, to allow the court to rule on the motion prior to that deadline.

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Plaintiffs violated Local Rule 7(d) by filing their Response on the noting date.

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The Court finds it can reach a decision on this Motion without relying on Plaintiffs’
Response brief. Based on the record before the Court, it appears Defendants have created the

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very problem they are attempting to rectify with a stay. Defendants stipulated to the current

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briefing schedule, then sent out the letter to the States knowing that it could affect the briefing

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in this matter. Furthermore, Defendants waited until August 21, 2017, eleven days after

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ORDER DENYING DEFENDANTS’ MOTION TO SUSPEND BRIEFING SCHEDULE - 2

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sending out the letter, to request the instant relief. Given that filing date, the Motion could not

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be ruled on until after Plaintiffs’ briefing was due. Now that Plaintiffs have filed their Motion

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for Summary Judgment, it is not possible to extend the deadline for that brief. Defendants have

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seen that briefing and could receive an unfair advantage in crafting a response. Even if

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Defendants are correct that the letter to the States changes the issues before the Court,
supplemental briefing can be ordered if necessary. Given all of this, Defendants have failed to

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show that a stay of briefing will promote judicial efficiency or is warranted under the Court’s

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Local Rules.

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Having reviewed the relevant briefing and the remainder of the record, the Court hereby
finds and ORDERS that Defendants’ Motion to Suspend Briefing Schedule (Dkt. #18) is
DENIED.

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DATED this 5 day of September, 2017.

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A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER DENYING DEFENDANTS’ MOTION TO SUSPEND BRIEFING SCHEDULE - 3