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Center For Biological Diversity v. U.S. Bureau of Land Management

United States District Court, D. Nevada

July 20, 2018

CENTER FOR BIOLOGICAL DIVERSITY, and SIERRA CLUB, Plaintiffs,
v.
U.S. BUREAU OF LAND MANAGEMENT; RYAN ZINKE, in his capacity as Secretary of the Department of the Interior; and BRIAN STEED, in his capacity as Acting Director of the Bureau of Land Management, Defendants.

          JULIE 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.

          STEVEN 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)

         Having 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).

         This is 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.

         On May 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.

         This 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.

         The 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.

         Federal 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.

         Having 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.

         BRIEFING DEADLINES

         The 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 pages;
3. Federal Defendants shall file their reply in support of their cross-motion for summary judgment on or before October ...

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