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Sierra Club v. Bernhardt, 4:18-cv-00521-HSG (related). (2019)

Court: District Court, N.D. California Number: infdco20190725951 Visitors: 12
Filed: Jul. 24, 2019
Latest Update: Jul. 24, 2019
Summary: STIPULATION HAYWOOD S. GILLIAM, JR. , District Judge . On June 3, 2019, Plaintiffs in Case No. 18-cv-524, Sierra Club, et al. (Citizen Group Plaintiffs), filed their motion for summary judgment. ECF No. 110. 1 Citizen Group Plaintiffs attached to their motion Exhibit B, a Declaration of Joel Minor, counsel for the Citizen Group Plaintiffs. ECF No. 110.2. Attached to Mr. Minor's Declaration were 14 documents and excerpts of documents that the Citizen Group Plaintiffs submitted as exhibits
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STIPULATION

On June 3, 2019, Plaintiffs in Case No. 18-cv-524, Sierra Club, et al. (Citizen Group Plaintiffs), filed their motion for summary judgment. ECF No. 110.1Citizen Group Plaintiffs attached to their motion Exhibit B, a Declaration of Joel Minor, counsel for the Citizen Group Plaintiffs. ECF No. 110.2. Attached to Mr. Minor's Declaration were 14 documents and excerpts of documents that the Citizen Group Plaintiffs submitted as exhibits to their January 24, 2018 letter to the Bureau of Land Management (BLM), notifying the agency of plaintiffs' intent to sue for a violation of the Endangered Species Act. See id. ¶ 1; see also ECF No. 55.1 (Citizen Groups' Notice of Intent to Sue for Violations of the Endangered Species Act).

The parties disagree about whether it is proper for the court to review the attachments to Mr. Minor's declaration, and the citations to the documents in the Citizen Group Plaintiffs' summary judgment brief. To facilitate efficient resolution of this disagreement, and to avoid motions practice that could potentially delay this litigation, the Parties stipulate as follows:

1). The Federal Defendants shall receive five additional pages in their Opposition to Plaintiffs' Motions for Summary Judgment and Cross-Motion for Summary Judgment. Federal Defendants' Opposition and Cross Motion shall not exceed 75 pages in total. See ECF No. 109 at 2 (Proposed Scheduling Order establishing page limits and briefing deadlines). These additional five pages shall be limited to arguments about the propriety of the Citizen Group Plaintiffs filing the attachments to Mr. Minor's declaration, whether the court can review the attachments, and arguments about the contents of the attachments themselves. Federal Defendants shall not address any other issues in their additional five pages of briefing.

2). Each Intervenor-Defendant (the State of Wyoming, American Petroleum Institute (API), and Independent Petroleum Association of America and Western Energy Alliance (collectively, IPAA)) shall receive three additional pages in their Opposition to Plaintiffs' Motions for Summary Judgment and Cross-Motions for Summary Judgment. Wyoming's and API's Opposition and Cross Motion shall not exceed 28 pages in total. See ECF No. 109 at 2 (Proposed Scheduling Order establishing page limits and briefing deadlines). IPAA's Opposition and Cross Motion shall not exceed 53 pages in total. Id. The additional three pages allocated to each Defendant-Intervenor shall be limited to arguments about the propriety of the Citizen Group Plaintiffs filing the attachments to Mr. Minor's declaration, whether the court can review the attachments, and arguments about the contents of the attachments themselves. The Intervenor-Defendants shall not address any other issues in their additional pages of briefing.

3). The Citizen Group Plaintiffs shall receive seven additional pages in their Combined Reply in Support of Motion for Summary Judgment and Opposition to Cross-Motions. The Citizen Group Plaintiffs shall file a single Reply Brief and Cross-Motion Opposition, not to exceed 32 pages in total. See ECF No. 109 at 2 (Proposed Scheduling Order establishing page limits and briefing deadlines). These additional seven pages shall be limited to responding to Federal Defendants' and Intervenor-Defendants' arguments about the propriety of the Citizen Group Plaintiffs filing the attachments to Mr. Minor's declaration, whether the court can review the attachments, and arguments about the contents of the attachments themselves. The Citizen Group Plaintiffs shall not address any other issues in their additional seven pages of briefing.

All parties consent to this stipulation.

IT IS SO STIPULATED.

Respectfully submitted, LAWRENCE J. VANDYKE Deputy Assistant Attorney General Date: July 18, 2019 /s/ Corinne Snow Corinne Snow Attorney for Federal Defendants Date: July 18, 2019 /s/ Joel Minor Joel Minor Attorney for Citizen Group Plaintiffs Date: July 18, 2019 /s/ Erik Peterson Erik Petersen Attorney for Intervenor-Defendant State of Wyoming Date: July 18, 2019 /s/ Timothy M. Sullivan Timothy M. Sullivan Attorney for Intervenor-Defendant American Petroleum Institute Date: July 18, 2019 /s/ Mark Barron Mark Barron Attorney for Intervenor-Defendants Independent Petroleum Association of America and Western Energy Alliance

PURSUANT TO STIPULATION, IT IS SO ORDERED.

FootNotes


1. All docket citations are to Case No. 4:18-cv-00524-HSG unless otherwise noted.
Source:  Leagle

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