Opinion
Case No. 2:10-cv-02830-WBS-JFM
09-26-2011
CENTER FOR BIOLOGICAL DIVERSITY, a non-profit corporation, Plaintiff, v. MIKE CRAWLEY, in his official capacity as District Ranger for the Bridgeport Ranger District, and UNITED STATES FOREST SERVICE, an agency of the Department of Agriculture, Defendants.
Sarah Uhlemann (WA Bar No. 41164)* Cynthia Tuell (AZ Bar No. 025301)* Center for Biological Diversity *Admitted pro hac vice Lisa T. Belenky (CA Bar No. 203225) Justin Augustine (CA Bar No. 235561) Center for Biological Diversity Attorneys for Plaintiff IGNACIA S. MORENO Assistant Attorney General Environment and Natural Resources Division Brian M. Collins (TX Bar No. 24038827) Trial Attorney U.S. Department of Justice Environment & Natural Resources Division Natural Resources Section Attorneys for Defendants
Sarah Uhlemann (WA Bar No. 41164)*
Cynthia Tuell (AZ Bar No. 025301)*
Center for Biological Diversity
Lisa T. Belenky (CA Bar No. 203225)
Justin Augustine (CA Bar No. 235561)
Center for Biological Diversity
Attorneys for Plaintiff
Ignacia S. Moreno
Assistant Attorney General
Brian M. Collins (TX Bar No. 24038827)
Trial Attorney
U.S. Department of Justice
Environment & Natural Resources Division
Natural Resources Section
Attorneys for Defendants
STIPULATION TO STAY CASE FOR
30 DAYS AND VACATE PRETRIAL
CONFERENCE AND TRIAL DATE
Plaintiff and Defendants in the above-captioned case, by and through their attorneys, have conferred and hereby STIPULATE as follows:
1. On October 20, 2010, Plaintiff initiated the instant litigation challenging the Forest Service's decision to adopt a travel management plan designating off-road and other motor vehicle routes on the Bridgeport Ranger District of the Humboldt-Toiyabe National Forest. Dkt. No. 1. Plaintiff alleges violations of the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321 et seq.; National Forest Management Act (NFMA), 16 U.S.C. §§ 1600 et seq.; Administrative Procedure Act (APA), 5 U.S.C. §§ 501 et seq.; Executive Order 11644; and implementing regulations established pursuant to these statutes and executive orders.
2. On January 24, 2011, Defendants responded to the complaint and denied the allegations. Dkt. No. 15.
3. Defendants lodged the Administrative Record on March 24, 2011. Dkt. No. 22.
4. On April 1, 2011, the Court set a Pretrial Schedule requiring Plaintiff to file its motion for summary judgment on August 8, 2011, Defendants to file their cross-motion and opposition forty-five days (45) later, Plaintiff to file its opposition and reply thirty-five (35) days later, and Defendants to file their reply thirty-five (35) days later. Dkt. No. 24. Further, the Court set a pre-trial conference for October 17, 2011, at 2:00 p.m. and a trial date of January 10, 2012, at 9:00 a.m.
5. On July 28, 2011, the parties filed a stipulation to stay the briefing schedule for 60 days to allow additional time for settlement discussions, and on August 2, 2011, the Court ordered the stay. Dkt. Nos. 34, 36. Parties agreed to advise the Court on September 26, 2011, whether continued settlement discussions would be appropriate or propose a new summary judgment briefing schedule.
6. The parties have held productive discussions during the last 60 days and seek to continue working toward a settlement that may result in dismissal of this case. The parties request an order staying all briefing for an additional 30 days until October 26, 2011, to continue these discussions. On that date, the parties will advise the Court on whether continued settlement discussions are appropriate, or propose a new summary judgment briefing schedule. The parties will promptly notify the Court if a settlement is approved.
7. Further, following Defendants' lodging of the administrative record on March 24, 2011, Plaintiff's review, and Defendants' subsequent augmentation of that record, the parties believe this case can be resolved on summary judgment pursuant to the APA standard of review and that a trial is unnecessary. Accordingly, the parties request the Court vacate the current pre-trial conference and trial dates.
IT IS SO STIPULATED
Respectfully submitted this 26th day of September, 2011.
Sarah Uhlemann (WA Bar No. 41164)*
Cynthia Tuell (AZ Bar No. 025301)*
Center for Biological Diversity
*Admitted pro hac vice
Lisa T. Belenky (CA Bar No. 203225)
Justin Augustine (CA Bar No. 235561)
Center for Biological Diversity
Attorneys for Plaintiff
IGNACIA S. MORENO
Assistant Attorney General
Environment and Natural Resources Division
Brian M. Collins (TX Bar No. 24038827)
Trial Attorney
U.S. Department of Justice
Environment & Natural Resources Division
Natural Resources Section
Attorneys for Defendants
IT IS SO ORDERED this 26th day of September, 2011.
The Pretrial Conference date of 10/17/2011 and the Court Trial date of 1/10/2012 are HEREBY VACATED. A Status Conference is set for November 14, 2011 at 2:00 p.m. A Joint Status Report shall be filed no later than October 31, 2011.
WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE