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Pacific Rivers Council v. United States Forest Service; et al

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION


October 25, 2012

PACIFIC RIVERS COUNCIL PLAINTIFF,
v.
UNITED STATES FOREST SERVICE; ET AL,
DEFENDANTS SIERRA FOREST LEGACY, ET AL., PLAINTIFFS
v.
HARRIS SHERMAN IN HIS OFFICIAL CAPACITY AS UNDER SECRETARY OF AGRICULTURE, ET AL.
DEFENDANTS
PEOPLE OF THE STATE OF CALIFORNIA, EX REL. KAMALA D. HARRIS, ATTORNEY GENERAL,
PLAINTIFFS,
v.
UNITED STATES DEPARTMENT OF AGRICULTURE, EX AL. DEFENDANTS

The opinion of the court was delivered by: Morrison C. England, JR United States District Judge

STIPULATION AND ORDER RE REVISED REPLY AND SUR-REPLY

Pursuant to the scheduling order, plaintiff Pacific Rivers Council filed a reply brief on October 15, 2012. On October 16, 2012, the Forest Service filed a Motion to Strike the reply brief on the grounds that it exceeds the previously agreed upon 20-page limit and violated the Local Rules with regard to formatting. The parties have met and conferred and now stipulate to resolve the issue as follows:

1. Pacific Rivers Council's October 15, Reply Brief (ECF 183) is withdrawn.*fn1

2. Federal Defendants' Motion to Strike Plaintiff's Reply Brief (ECF 184) is withdrawn. The hearing on Federal Defendant's Motion to Strike, scheduled for November 15, 2012 at 2:00 p.m. (ECF 185) is vacated.

3. Pacific Rivers Council shall file a revised reply brief on remedies consisting of no more than 20 pages by October 23, 2012. Pacific Rivers Council's revised brief shall be formatted so as to comply with the Local Rules and in the same manner as its opening brief (ECF 175)-double-spaced, one inch margins, left-justification, and 12-point Times New Roman text. The revised brief of the Pacific Rivers shall not exceed the scope of arguments raised in the brief it filed on October 15. Pacific Rivers Council shall not alter the declarations filed on October 15 (ECF 183-1, 183-2, and 183-3).

4. Federal Defendants may file a sur-reply of no more than 8 pages by November 9, 2012, to address any new issues or evidence raised by or submitted with Pacific Rivers' reply papers.

IT IS SO STIPULATED

DATED: October 19, 2012 LAW OFFICE OF BABAK NAFICY /s/Babak Naficy__________________________ Babak Naficy, Attorney for Plaintiff Pacific Rivers Council Dated: October 19, 2012 /s/ BARCLAY T. SAMFORD Trial Attorney U.S. Department of Justice Environment & Natural Resources Division Natural Resources Section Attorneys for Federal Defendants

ORDER

1. Pacific Rivers Council's October 15, Reply Brief (ECF 183) is withdrawn.*fn2

2. Federal Defendants' Motion to Strike Plaintiff's Reply Brief (ECF 184) is withdrawn. The hearing on Federal Defendant's Motion to Strike, scheduled for November 15, 2012 at 2:00 p.m. (ECF 185) is vacated.

3. Pacific Rivers Council shall file a revised reply brief on remedies consisting of no more than 20 pages by October 23, 2012. Pacific Rivers Council's revised brief shall be formatted so as to comply with the Local Rules and in the same manner as its opening brief (ECF 175)-double-spaced, one inch margins, left-justification, and 12-point Times New Roman text. The revised brief of the Pacific Rivers shall not exceed the scope of arguments raised in the brief it filed on October 15. Pacific Rivers Council shall not alter the declarations filed on October 15 (ECF 183-1, 183-2, and 183-3).

4. Federal Defendants may file a sur-reply of no more than 8 pages by November 9, 2012, to address any new issues or evidence raised by or submitted with Pacific Rivers' reply papers.

IT IS SO ORDERED.


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