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Friends of Animals v. Silvey

United States District Court, D. Nevada

March 14, 2018

FRIENDS OF ANIMALS, Plaintiff,
v.
JILL SILVEY, in her official capacity as the Elko District Office Manager; and THE UNITED STATES BUREAU OF LAND MANAGEMENT, an agency of the United States, Defendants.

          DAYLE ELIESON United States Attorney

          HOLLY A. VANCE Assistant United States Attorney

          JEFFREY H. WOOD Acting Assistant Attorney General Environment & Natural Resources Division

          DEVON LEA FLANAGAN, Trial Attorney Environment & Natural Resources Division

          DANIELA A. ARREGUI, Trial Attorney Environment & Natural Resources Division Attorneys for Federal Defendants Cavanaugh-Bill Law Offices, LLC

          JULIE CAVANAUGH-BILL, Esq. JENNIFER BEST, Esq. Friends of Animals Attorneys for Plaintiff

          JOINT MOTION FOR SCHEDULING ORDER

          HON. ROBERT C. JONES United States District Judge.

         Jill 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.

         Plaintiff 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.[1]

         A. Administrative Record

         1. Federal Defendants shall file their Answer to the Complaint no later than March 2, 2018.

         2. 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.

         3. The parties shall consult about any concerns with the Administrative Record and attempt to informally resolve any disputes regarding the ...


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