United States District Court, D. Nevada
CAVANAUGH-BILL Cavanaugh-Bill Law Offices, LLC CLARE LAKEWOOD
MICHAEL SAUL VICTORIA BOGDAN TEJEDA Center for Biological
Diversity Attorneys for Plaintiffs Center for Biological
Diversity and Sierra Club.
W. MYHRE Acting United States Attorney District of Nevada
HOLLY A. VANCE Assistant United States Attorney JEFFREY H.
WOOD Acting Assistant Attorney General LUTHER L. HAJEK Trial
Attorney JOHN S. MOST Trial Attorney U.S. Department of
Justice Environment & Natural Resources Division Natural
Resources Section Attorneys for Federal Defendants.
JOINT STIPULATION EXTENDING REMAINING BRIEFING
DEADLINES 30 DAYS (THIRD REQUEST FOR EXTENSION)
conferred, and for good cause shown, counsel for the Parties
in this case jointly propose and stipulate to the extend the
remaining briefing deadlines by 30 days, and request that the
Court adopt an order of same, pursuant to Rule 6(b)(1)(A).
the third extension of time to file briefs in this case. On
March 30, 2018, parties filed a Revised Case Management
Statement extending the time for Defendants to lodge the
administrative record, and all other briefing deadlines
consequentially. Revised Case Management Statement, ECF No.
23. On May 14, 2018, parties filed a Further Revised Case
Management Statement to allow time for Defendants to lodge a
supplement to the administrative record, and extending all
other briefing deadlines consequentially. Further Revised
Case Management Statement, ECF No. 37.
23, 2018, this Court entered an order adopting the
Parties' revised joint case management schedule.
Scheduling Order, ECF No. 42. In accordance with the
Scheduling Order Defendants lodged the administrative record,
and Plaintiffs filed their opening brief in support of
summary judgment on June 22, 2018. Pursuant to the Scheduling
Order Federal Defendants' cross-motion for summary
judgment and combined response brief is due July 23, 2018.
case was originally assigned to Department of Justice
attorney Michelle-Ann Williams. Shortly after Plaintiffs
filed their brief, Ms. Williams delivered a baby in advance
of her expected due date, and has been on maternity leave.
Thus, she has been unavailable to complete briefing on this
case was subsequently reassigned to Department of Justice
attorney, Jason A. Hill, on July 5, 2018, while he was out on
vacation for the Independence Day Holiday. Subsequent to
returning to the work on July 9, 2018, and receiving the
assignment of this case, Mr. Hill accepted a new position,
and is leaving the Department of Justice effective August 4,
2018. To further complicate the matter, Mr. Hill is also
assigned to Weil Group Resources, LLC v. Burton, et
al, in the Northern District of Texas, Amarillo Division
(No. 2:18-cv-130-D), which has been subject to expedited
briefing and hearings on a temporary restraining order in the
past week. In addition, Mr. Hill has a July 20, 2018 briefing
deadline in Continental Resources, Inc. v. Zinke, in
the District Court of the District of Columbia (Case. No.
1:17-cv-2197-RDM). Thus, aside from his anticipated
departure, Mr. Hill has been unavailable to work on this case
due to the briefing demands of his other cases.
Defendants promptly contacted Plaintiffs' counsel
concerning an extension on July 9, 2018. Since that time the
Parties have worked towards this joint resolution. Subsequent
to initiating those discussions, and due to these
above-mentioned recent departures, the case has subsequently
been reassigned to Luther L. Hajek and John Most, but due to
briefing deadlines in their other cases, they are unavailable
to work on this case until after July 23, 2018.
conferred on the above matters, and there being good cause
for said extension of the remaining briefing deadlines,
Plaintiffs consent to Defendants' request for a a 30 day
extension of all remaining briefing deadlines. Further,
Federal Defendants agree to provide Plaintiffs notice within
14 days of any ground disturbing activities or over the
counter lease sales of parcels in this case until the final
brief is filed in this case on October 3, 2018.
Parties agree to the following deadlines:
1. Federal Defendants shall file their cross-motion for
summary judgment and combined response brief in opposition to
Plaintiffs' motion for summary judgment on or before
August 22, 2018, not to exceed 40 pages;
2. Plaintiffs shall file their reply in support of their
motion for summary judgment and opposition to Federal
Defendants' cross-motion for summary judgment on or
before September 12, 2018, not to exceed 30
3. Federal Defendants shall file their reply in support of
their cross-motion for summary judgment on or before