STIPULATION TO AMEND BRIEFING SCHEDULE AND [PROPOSED] ORDER

THELTON E. HENDERSON, District Judge.

WHEREAS, on September 23, 2014, the Initial Case management Conference for this case was held, during which the Court adopted the parties' proposed briefing schedule;

WHEREAS, Federal Defendants lodged the administrative records on November 25, 2014 (ECF No. 26);

WHEREAS, pursuant to this schedule, Plaintiff's Motion for Summary Judgment is to be filed by December 12, 2014;

WHEREAS, Federal Defendant U.S. Forest Service has discovered new information within the area of the Kelsey Peak Timber Sale and Fuelbreak Project ("Kelsey Peak Project"), the subject of this litigation;

WHEREAS, said new information resulted in the U.S. Forest Service amending the Biological Assessment (BA) for this project and transmitting said Amended BA to Federal Defendant U.S. Fish and Wildlife Service on or about November 25, 2014, pursuant to the procedural requirements of Section 7(a)(2) of the Endangered Species Act;

WHEREAS, said new information may result in Federal Defendant U.S. Forest Service making changes to the Kelsey Peak Project, and the transmittal of the Amended BA requires further action by Federal Defendant U.S. Fish and Wildlife Service on this matter;

WHEREAS, Plaintiff has requested modification of the existing briefing schedule in order to incorporate the new information and activities and to promote the efficient management of this litigation so as to minimize potential duplication of efforts; IT IS HEREBY STIPULATED AND AGREED:

1. The parties have agreed to the following amended schedule for this case:

2. In addition, based on information currently available, Plaintiff will provide

Federal Defendants any amendments to pleadings by December 19, 2014. However, Plaintiff reserves all rights to amend its pleadings should Federal Defendants make further changes to the Kelsey Peak Project, decision documents, procedures, or any other action currently subject to this litigation.

3. Federal Defendants reserve all rights to oppose any proposed amendment or supplementation of the Complaint and all defenses to any possible supplemented or amended complaint.

4. The parties move the Court to adopt the following amended schedule, which the parties have negotiated in order to minimize the possibility that briefing on a motion for preliminary injunctive relief will be required; to provide the Court with adequate time to consider and rule on the issues in the case; and to permit resolution of the claims and defenses before the beginning of the Forest Service's summer operating season. To this end, the parties have agreed to an expedited briefing schedule on their cross motions for summary judgment and have proposed a tentative hearing date of May 4, 2015, or at a date the Court so orders. The parties request oral argument on their motions, and respectfully request a decision on this matter by July 1, 2015, should the Court's schedule allow it.

5. Plaintiff agrees to provide Federal Defendants 14 days' notice before filing any motion for preliminary injunction or other emergency injunctive relief, so that the parties may attempt to negotiate an agreed schedule for such motion.

[PROPOSED ORDER

Based on the above stipulation of the Parties, IT IS SO ORDERED that the amended schedule is hereby adopted.