Filed: Nov. 09, 2018
Latest Update: Nov. 09, 2018
Summary: JOINT STIPULATED BRIEFING SCHEDULE FOR PLAINTIFF'S MOTION FOR INJUNCTION PENDING APPEAL AND ORDER JOHN A. MENDEZ , District Judge . In this matter, the Plaintiff challenges the Cove Fire Timber Project, located in the Modoc National Forest (the "Cove Fire Project"). The Plaintiff challenges the Defendant's Decision Notice and Finding of No Significant Impact (DN/FONSI) (dated June 9, 2018 and signed July 12, 2018), its June 2018 Environmental Assessment (EA), and July 12, 2018 Emergency Sit
Summary: JOINT STIPULATED BRIEFING SCHEDULE FOR PLAINTIFF'S MOTION FOR INJUNCTION PENDING APPEAL AND ORDER JOHN A. MENDEZ , District Judge . In this matter, the Plaintiff challenges the Cove Fire Timber Project, located in the Modoc National Forest (the "Cove Fire Project"). The Plaintiff challenges the Defendant's Decision Notice and Finding of No Significant Impact (DN/FONSI) (dated June 9, 2018 and signed July 12, 2018), its June 2018 Environmental Assessment (EA), and July 12, 2018 Emergency Situ..
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JOINT STIPULATED BRIEFING SCHEDULE FOR PLAINTIFF'S MOTION FOR INJUNCTION PENDING APPEAL AND ORDER
JOHN A. MENDEZ, District Judge.
In this matter, the Plaintiff challenges the Cove Fire Timber Project, located in the Modoc National Forest (the "Cove Fire Project"). The Plaintiff challenges the Defendant's Decision Notice and Finding of No Significant Impact (DN/FONSI) (dated June 9, 2018 and signed July 12, 2018), its June 2018 Environmental Assessment (EA), and July 12, 2018 Emergency Situation Determination (ESD). See ECF No. 1 (Complaint).
On September 24, 2018, Plaintiff filed a Motion for Preliminary Injunction. ECF Nos. 11, 17. On October 30, 2018, this Court entered an Order denying Plaintiff's Motion for Preliminary Injunction. ECF No. 26, the "Order". On November 6, 2018, Plaintiff filed a Notice of Appeal. ECF No. 27.
The Parties have conferred, and have attempted to resolve their disputes through telephonic conferences and electronic mail correspondence, but have been unable to do so. The Project is underway, and has entered the Dutch Flat area of the Project. Plaintiff informed Defendant that it would request an injunction pending appeal.
The Parties have met and conferred regarding an abbreviated briefing schedule, and submit herewith their proposed stipulated abbreviated briefing schedule, as follows:
November 7, 2018 Plaintiff's Brief 15 pages
Nov. 19 by 10:00 a.m. PST, 2018 Defendant's Opposition Brief 15 pages
Plaintiff waives a reply and the Court has already determined the motion can be decided without oral argument (ECF 32). Plaintiff requests a decision on or before November 21, 2018-or as soon as practical for the court. Plaintiff reserves the right to seek relief from the Court of Appeals.
In agreeing to this abbreviated briefing schedule, neither Party waives any arguments it may make later in this case.
Defendant anticipates filing a status report with the Court on or before Nov. 13, 2018 regarding the status of the Project.
ORDER
Based on this Court's knowledge of this matter, and review of the parties' stipulation, good cause exists to adopt the following briefing schedule for Plaintiff's Motion for Injunction Pending Appeal:
November 7, 2018 Plaintiff's Brief 15 pages
Nov. 19 by 10:00 a.m. PST, 2018 Defendant's Opposition Brief 15 pages
IT IS SO ORDERED.
