United States of America v. Blakey et al

Filing 13

ORDER granting Parties' 12 Stipulated MOTION to Stay Case Pending Settlement. 5-7 day Bench Trial is set for 4/28/2025 before Judge Ricardo S. Martinez. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 10/30/2024, Discovery Motions due by 11/29/2024, Discovery completed by 12/30/2024, Dispositive motions due by 1/28/2025, Motions in Limine due by 3/31/2025, Agreed Pretrial Order due by 4/16/2025, Trial materials to be submitted by 4/23/2025. No later than 8/2/2024, either the United States shall lodge a proposed consent decree, the Parties shall file a joint status report advising the Court of their settlement efforts and proposing further proceedings, or the Parties shall move for an additional stay. Signed by Judge Ricardo S. Martinez. (SB)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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UNITED STATES OF AMERICA,

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Plaintiff,
v.

Defendants.

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ORDER
STAYING LITIGATION

TAMMY BLAKEY et al.,

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No. 2:23-cv-01910-RSM

ORDER STAYING LITIGATION
WHEREAS, the Parties have engaged in productive settlement negotiations, and wish for
those negotiations to continue;
WHEREAS, this case concerns alleged Clean Water Act violations for which settlement
will require environmental restoration and mitigation;
WHEREAS, negotiating terms for environmental restoration and mitigation will require
months to complete because the government’s agents must visit the site and prepare appropriate
recommendations;
WHEREAS, the Parties wish to avoid the expense and burdens of litigation while
negotiating a potential settlement, and have therefore entered into a stipulation with the request
that the Court enter this order;
NOW THEREFORE, it is hereby ORDERED:

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1. This case is stayed until August 9, 2024.

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2. All discovery deadlines and obligations to propound or respond to discovery requests

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(other than a site visit as described in Paragraph 5) are stayed until August 9, 2024.
3. All deadlines in the Court’s March 21 Order are reset as follows:

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a. Disclosure of expert testimony

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b. Deadline for discovery motions -

August 30, November 29, 2024

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c. Close of discovery

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September 30, December 30, 2024

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d. Deadline for dispositive motions -

October 29, 2024 January 28, 2025

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e. Deadline for motions in limine

December 30, 2024 March 31, 2025

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July 31, October 30, 2024

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f. Deadline for agreed pretrial order -

January 15, April 16, 2025

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g. Deadline for trial materials

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January 22, April 23, 2025

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h. Trial (5-7 days)

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January 27, April 28, 2025

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4. The United States may unilaterally move to terminate the stay without Defendants’

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consent, provided that the United States has provided 14 days’ notice to Defendants

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before moving to terminate.

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5. Defendants shall cooperate fully with and not oppose any request by the United States

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under Federal Rule of Civil Procedure 34(a)(2) for entry onto the Site referenced in the

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Complaint, including any successive request following the initial site visit.

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6. No later than August 2, 2024, either the United States shall lodge a proposed consent

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decree, the Parties shall file a joint status report advising the Court of their settlement

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efforts and proposing further proceedings, or the Parties shall move for an additional stay.

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DATED this 4th day of June, 2024.

A

RICARDO S. MARTINEZ
UNITED STATES DISTRICT JUDGE

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Presented to the Court and prepared as to form by:

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TODD KIM
Assistant Attorney General
Environment and Natural Resources Division

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/s/ Daniel J. Martin
LAURA J. GLICKMAN
DANIEL J. MARTIN
Environmental Defense Section
United States Department of Justice
P.O. Box 7611
Washington, D.C. 20044
[phone] (Glickman)
[phone] (Martin)
[e-mail]
[e-mail]

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Attorneys for the United States of America

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HOULIHAN LAW PC

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/s/ John T. Cooke
JOHN T. (JT) COOKE, WSBA #35699
100 N. 35th Street
Seattle, WA 98103
253-722-8267
[e-mail]

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Attorneys for Tammy Blakey and Flying T.
Ranch, Inc.