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United States v. 400 Acres of Land

United States District Court, D. Nevada

September 12, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
400 ACRES OF LAND, more or less, situate in Lincoln County, State of Nevada; and JESSIE J. COX, et al., Defendants.

          NICHOLAS A. TRUTANICH United States Attorney District of Nevada Nevada Bar No. 13644, TROY K. FLAKE Deputy Civil Chief, EUGENE HANSEN JOHANNA M. FRANZEN ANTHONY C. GENTNER MARK C. ELMER Trial Attorneys, U.S. Department of Justice Environment & Natural Resources Division Attorneys for the United States

          KERMITT L. WATERS, Bar No. 2571 JAMES J. LEAVITT, Bar No. 6032 MICHAEL A. SCHNEIDER, Bar No. 8887 AUTUMN L. WATERS, Bar No. 8917 Counsel for Defendant Sheahan Landowners

          MARK H. GUNDERSON, Bar No. 2134 JOHN R. FUNK, Bar No. 12372 AUSTIN K. SWEET, Bar No. 11725 Counsel for Defendant Tanis Landowners

          JOINT PROPOSED SCHEDULING ORDER

          MIRANDA M. DU UNITED STATES DISTRICT JUDGE

         Pursuant to this Court's September 9, 2019 minute entry (ECF No. 501), Plaintiff United States of America, Defendant Sheahan Landowners, and Defendant Tanis Landowners (collectively the “Parties”) hereby submit this joint proposed scheduling order:

Deadline/Date

Event

11/01/2019

Motions in Limine

11/06/2019

Plaintiff provides to Defendants (a) draft proposed site visit instructions/script and (b) draft proposed Commissioner instructions (not filed with Court)

11/15/2019

Oppositions to Motions in Limine

11/20/2019

Rule 26(a)(3) Pretrial Disclosures (not filed with Court)

11/22/2019

Reply briefs in further support of Motions in Limine

12/18/2019

Joint Pretrial Order, including objections to Rule 26(a)(3) Disclosures

01/18/2020

Lawyers-only site visit to finalize proposed site visit instructions/script

01/31/2020

File joint (a) proposed site visit instructions/script and (b) proposed Commissioner instructions, including any objections

02/07/2020 (10:00 a.m.)

Trial begins in Las Vegas with opening statements (no witnesses)

02/08/2020

Site visit with Commissioners and Court

02/10/2020 (9:00 a.m.)

Trial continues with witnesses (the Parties request that 10 court days (excluding opening statements, closing arguments, and site visit) be available for trial)

30 days after service of trial transcripts

Proposed findings of fact (FOF) and conclusions of law (COL) provided to Commission, if so requested

30 days after deadline for FOF/COL if requested, otherwise 30 days after service of trial transcripts

Commission's Rule 71.1(h)(2)(D) Report

30 days after Commission files its Rule 71.1(h)(2)(D) Report

Objections to Commission's Report

         The Tanis Landowners, including their legal counsel, need not attend the trial in person. However, whether or not they attend, the Tanis Landowners acknowledge that they will be bound by the trial's result.

         The Parties will make themselves available for a final pre-trial conference as scheduled by the Court and for any argument or other proceedings as requested by the Commission.

         WHEREFORE, the Parties respectfully request that the Court approve the Parties' proposed scheduling order.

         IT ...


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