United States District Court, D. Nevada
ELIESON United States Attorney
A. VANCE Assistant United States Attorney
JEFFREY H. WOOD Acting Assistant Attorney General Environment
& Natural Resources Division
LEA FLANAGAN, Trial Attorney Environment & Natural
DANIELA A. ARREGUI, Trial Attorney Environment & Natural
Resources Division Attorneys for Federal Defendants
Cavanaugh-Bill Law Offices, LLC
CAVANAUGH-BILL, Esq. JENNIFER BEST, Esq. Friends of Animals
Attorneys for Plaintiff
JOINT MOTION FOR SCHEDULING ORDER
ROBERT C. JONES United States District Judge.
Silvey, in her official capacity as the Elko District Office
Manager, the United States Bureau of Land Management
(“BLM”) (collectively, “Federal
Defendants”), and Friends of Animals
(“Plaintiff”), submit the following proposed
schedule for the above-captioned case. The parties have
conferred and agree that this is a case for review on the
administrative record, and is therefore exempt from the
requirements of Federal Rule of Civil Procedure 26.
See Fed. R. Civ. P. 26(a)(1)(B)(i), (f)(1). The
parties also have agreed to an expedited schedule so as to
avoid the need for a preliminary injunction motion and in an
attempt to resolve the legal challenges to the agency action
before further gathers are scheduled.
challenges BLM's December 21, 2017, Decision Record,
which stated that there were 9, 053 excess wild horses in the
Triple B and Antelope Complexes. The proposed action consists
of a 10-year gather plan and proposes BLM gather and remove
approximately 9, 053 excess wild horses within the Complexes,
implement population control measures to gathered and
released mares, and may return some gelded horses to the
range to be managed as a non-breeding population. On January
30, 2018, BLM initiated a gather of 1, 500 wild horses in the
Triple B Complex. This is the first gather conducted under
the challenged Decision Record. BLM has no additional gathers
scheduled and does not currently anticipate that it will be
able to conduct any further gathers in the Triple B or
Antelope Complexes before the next Fiscal Year (October 1,
2018), unless there is an emergency or public safety issue
that arises. Therefore, we are proposing an expedited
schedule that would conclude briefing in early June 2018, and
provide the Court with approximately four months to issue a
ruling prior to the expected date for any future gather in
the Triple B or Antelope Complexes.
Federal Defendants shall file their Answer to the Complaint
no later than March 2, 2018.
Federal Defendants shall file the certified Administrative
Record with the Court and serve a copy of the Administrative
Record upon Plaintiff no later than March 12, 2018.
parties shall consult about any concerns with the
Administrative Record and attempt to informally resolve any
disputes regarding the ...