Sarah Uhlemann (WA Bar No. 41164)* Ignacia S. Moreno Cynthia Tuell (AZ Bar No. 025301)* Assistant Attorney General Center for Biological Diversity Brian M. Collins (TX Bar No. 24038827) 2400 NW 80th Street, #146 Trial Attorney Seattle, WA 98117 U.S. Department of Justice (206) 327-2344 Environment & Natural Resources Division firstname.lastname@example.org Natural Resources Section email@example.com P.O. Box 663 *Admitted pro hac vice Washington, DC 20044-0663 Tel: (202) 305-0428 Lisa T. Belenky (CA Bar No. 203225) Fax: (202) 305-0267 Justin Augustine (CA Bar No. 235561) Email: firstname.lastname@example.org Center for Biological Diversity 351 California Street, Suite 600 Attorneys for Defendants San Francisco, CA 94104 (415) 436-9682 x307 Fax: (415) 436-9683 email@example.com firstname.lastname@example.org Attorneys for Plaintiff
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 untilOctober 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.
Respectfully submitted 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.