Western Watersheds Project et al v. U.S. Department of the Interior et al, No. 2:2023cv00435 - Document 21 (D. Nev. 2023)

Court Description: ORDER granting 20 Motion to AMEND SCHEDULING ORDER AND EXTEND DEADLINE FOR DISPOSITIVE MOTIONS. Motions due by 3/22/2024. Signed by Magistrate Judge Daniel J. Albregts on 12/13/2023. (Copies have been distributed pursuant to the NEF - CAH)

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Western Watersheds Project et al v. U.S. Department of the Interior et al Doc. 21 Case 2:23-cv-00435-CDS-DJA Document 20 Filed 12/11/23 Page 1 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 TODD KIM Assistant Attorney General DANIEL LUECKE CA Bar No. 326695 Trial Attorney Natural Resources Section United States Department of Justice P.O. Box 7611 Washington, D.C. 20044-7611 (202) 598-7863 daniel.luecke@usdoj.gov Attorneys for Federal Defendants SCOTT LAKE NV Bar No. 15765 CENTER FOR BIOLOGICAL DIVERSITY P.O. Box 6205 Reno, NV 89513 Phone: (802) 299-7495 Email: slake@biologicaldiversity.org Attorney for Plaintiffs UNITED STATES DISTRICT COURT 14 DISTRICT OF NEVADA 15 16 17 WESTERN WATERSHEDS PROJECT and the CENTER FOR BIOLOGICAL DIVERSITY, 18 19 20 21 22 23 24 25 Plaintiffs, Case No. 2:23-cv-435-CDS-DJA v. U.S. DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT, JARED BYBEE in his official capacity as Field Manager of the Bureau of Land Management Bristlecone Field Office, and ALICIA STYLES, in her official capacity as Acting Field Manager of the Bureau of Land Management Caliente Field Office, JOINT MOTION TO AMEND SCHEDULING ORDER AND EXTEND DEADLINE FOR DISPOSITIVE MOTIONS Defendants. 26 27 1 Dockets.Justia.com Case 2:23-cv-00435-CDS-DJA Document 20 Filed 12/11/23 Page 2 of 6 1 2 3 Plaintiffs and Federal Defendants respectfully move to amend the scheduling order and extend the current deadline for dispositive motions in this case. In support of this request, the Parties state as follows: 4 On July 24, 2023, the Court granted in part the Parties’ proposed discovery plan and 5 6 scheduling order. ECF No. 12. The Parties’ schedule addressed briefing deadlines for 7 Plaintiffs’ motion for preliminary injunction. The Parties agreed to propose a revised schedule 8 for production of the administrative record and merits briefing once the Court resolved the 9 motion for preliminary injunction. In its scheduling order, the Court also added a December 10 29, 2023, deadline by which the Parties must submit dispositive motions. Id. 11 12 13 On October 18, 2023, the Court denied Plaintiffs’ motion for preliminary injunction. Plaintiffs have opted not to appeal the Court’s decision. Plaintiffs and Federal Defendants have conferred and jointly propose the following 14 15 amended schedule for production of the administrative record, resolution of any record 16 disputes, and briefing the merits: 17 1. 18 19 January 12, 2024. 2. 20 regarding the content of the administrative record. Plaintiffs agree to confer with 22 Federal Defendants regarding any record disputes on or before February 16, 2024. 23 25 After Federal Defendants serve the administrative record on Plaintiffs’ counsel, the Parties will endeavor to resolve any outstanding issues or disputes 21 24 Federal Defendants shall serve the administrative record on Plaintiffs’ counsel by 3. Federal Defendants shall certify and lodge the administrative record with the Court and serve that administrative record on Plaintiffs’ counsel by February 23, 2024. 26 27 2 Case 2:23-cv-00435-CDS-DJA Document 20 Filed 12/11/23 Page 3 of 6 1 4. 2 seeking to supplement the record by March 15, 2024. Federal Defendants reserve the 3 right to oppose any such motions. If such a motion is filed, the remainder of the 4 schedule set out below is vacated and the Parties will submit a new proposed 5 scheduling order within 21 days of the Court’s order on the contents of the 6 administrative record. 7 8 5. 9 The supporting memorandum shall not exceed 35 pages. 6. 12 Federal Defendants shall file their combined response to Plaintiffs’ motion and crossmotion for summary judgment by May 3, 2024. The supporting memorandum shall not 13 exceed 35 pages. 14 15 If no motions related to the administrative record are filed, Plaintiffs shall file their motion for summary judgment and memorandum in support by March 22, 2024. 10 11 Plaintiffs shall file any motion objecting to the content of the administrative record or 7. Plaintiffs shall file their combined reply in support of summary judgment and 16 response to Federal Defendant’s cross-motion for summary judgment by May 31. The 17 supporting memorandum shall not exceed 30 pages. 18 19 8. Federal Defendants shall file their reply in support of summary judgment by June 28. The supporting memorandum shall not exceed 30 pages. 20 21 22 Respectfully submitted this 11th day of December, 2023. 23 TODD KIM Assistant Attorney General 24 /s/ Daniel Luecke DANIEL LUECKE (CA Bar No. 326695) Trial Attorney Natural Resources Section United States Department of Justice P.O. Box 7611 25 26 27 3 Case 2:23-cv-00435-CDS-DJA Document 20 Filed 12/11/23 Page 4 of 6 1 2 Washington, D.C. 20044-7611 (202) 353-1389 daniel.luecke@usdoj.gov 3 Attorneys for Federal Defendants 4 7 /s/ Scott Lake _ SCOTT LAKE (NV Bar No. 15765) Center For Biological Diversity P.O. Box 6205 Reno, NV 89513 Phone: (802) 299-7495 Email: slake@biologicaldiversity.org 8 Attorney for Plaintiffs 5 6 9 10 11 IT IS SO ORDERED that the parties' joint motion (ECF No. 20) is GRANTED. 12 DATED: 12/13/2023 13 14 15 16 ___________________________________ DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 4 Case 2:23-cv-00435-CDS-DJA Document 20 Filed 12/11/23 Page 5 of 6 1 IT IS SO ORDERED 2 3 DATED this 11th day of December, 2023. 4 ____________________________ Daniel J. Albregts United States Magistrate Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5 Case 2:23-cv-00435-CDS-DJA Document 20 Filed 12/11/23 Page 6 of 6 1 2 3 CERTIFICATE OF SERVICE I hereby certify that on December 11, 2023, I electronically filed the foregoing using the CM/ECF system, which will automatically send email notification to the attorneys of record. 4 /s/ Daniel Luecke DANIEL LUECKE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 6

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