United States District Court, D. Nevada
JEFFREY H. WOOD Acting Assistant Attorney General, DEVON LEA
FLANAGAN Trial Attorney, D.C. Bar No. 1022195, DANIELA A.
ARREGUI Trial Attorney, New York Bar No. 4714713, PAUL
GALINDO, Trial Attorney Environment & Natural Resources
Division, DAYLE ELIESON United States Attorney District of
Nevada HOLLY VANCE Assistant United States Attorney Attorneys
for Federal Defendants.
KATHERINE A. MEYER District of Columbia Bar No. 244301,
WILLIAM N. LAWTON District of Columbia Bar No. 1046604
Attorneys for Plaintiffs.
JOINT MOTION FOR SCHEDULING ORDER
ROBERT C. JONES United States District Judge.
Zinke, in his official capacity as Secretary of the
Department of Interior, Michael D. Nedd, in his official
capacity as Acting Deputy Director of Operations of the
Bureau of Land Management, Jill Silvey, in her official
capacity as the Elko District Office Manager, and the United
States Bureau of Land Management (“BLM”)
(collectively, “Federal Defendants”) and American
Wild Horse Campaign and Kimberlee Curyl (collectively,
“Plaintiffs”) 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).
challenge 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. The gather ended on February 21, 2018. This
was 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.
February 26, 2018, the Plaintiffs filed their Complaint (ECF
No. 1). Plaintiffs served the United States Attorney for the
District of Nevada on March 8, 2018, and therefore Federal
Defendants' Answer to the Complaint is due on or before
May 8, 2018. See Federal Rule of Civil Procedure
12(a)(2). On April 5, 2018, Federal Defendants mailed
Plaintiffs a copy of the final Administrative Record in the
related case, Friends of Animals v. Jill Silvey, No.
3:18-cv-00043-RCJ-VPC. Because the cases challenge the same
agency decision, Federal Defendants' position is that the
Administrative Record should be the same for both cases.
Plaintiffs, however, assert that because their Complaint
raises claims that are not raised in the Friends of
Animals case, additional records may be required for the
Administrative Record for the instant case.
parties are currently conferring to informally resolve
disputes regarding the Administrative Record. Accordingly,
the parties respectfully request that the Court grant this
motion and enter a scheduling order as follows:
Federal Defendants shall file their Answer to the Complaint
no later than May 8, 2018.
Plaintiffs have already notified Federal Defendants with
their concerns regarding the sufficiency of the
Administrative Record. The parties shall confer to resolve
any disputes without court intervention until May 1, 2018.
the parties agree regarding the sufficiency of the
Administrative Record, Federal Defendants shall file the
certified Administrative Record with the Court and serve a
copy upon Plaintiff no later than May 8, 2018.
the parties cannot resolve all disputes regarding the
Administrative Record, Plaintiff shall file any Motion to
Supplement the Record no later than May 8, 2018.
Parties shall file any Motion to Amend or Supplement the
Pleadings no later than June 1, 2018.