United States of America v. Blakey et al
Filing
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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
(202) 514-6390 (Glickman)
(202) 307-1056 (Martin)
Laura.Glickman@usdoj.gov
Daniel.Martin3@usdoj.gov
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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
jt@houihan-law.com
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Attorneys for Tammy Blakey and Flying T.
Ranch, Inc.
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