Filed: Dec. 18, 2019
Latest Update: Dec. 18, 2019
Summary: STIPULATED JOINT MOTION AND ORDER TO VACATE THE UNITED STATES' OBLIGATION TO FILE A RESPONSIVE PLEADING TO PLAINTIFF'S FIRST COMPLAINT AND MODIFY OTHER DATES BARBARA J. ROTHSTEIN , District Judge . Under Local Rule 7(j), Standing Order Rule II.D, and for good cause shown below, the parties respectfully request that the Court vacate the United States' obligation to file a responsive pleading to Plaintiff's first complaint, along with the deadline for filing the administrative record. The dea
Summary: STIPULATED JOINT MOTION AND ORDER TO VACATE THE UNITED STATES' OBLIGATION TO FILE A RESPONSIVE PLEADING TO PLAINTIFF'S FIRST COMPLAINT AND MODIFY OTHER DATES BARBARA J. ROTHSTEIN , District Judge . Under Local Rule 7(j), Standing Order Rule II.D, and for good cause shown below, the parties respectfully request that the Court vacate the United States' obligation to file a responsive pleading to Plaintiff's first complaint, along with the deadline for filing the administrative record. The dead..
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STIPULATED JOINT MOTION AND ORDER TO VACATE THE UNITED STATES' OBLIGATION TO FILE A RESPONSIVE PLEADING TO PLAINTIFF'S FIRST COMPLAINT AND MODIFY OTHER DATES
BARBARA J. ROTHSTEIN, District Judge.
Under Local Rule 7(j), Standing Order Rule II.D, and for good cause shown below, the parties respectfully request that the Court vacate the United States' obligation to file a responsive pleading to Plaintiff's first complaint, along with the deadline for filing the administrative record. The deadline to file a responsive pleading and the administrative record in this case is currently this Friday, December 20, 2019. The parties request this relief because on December 16, 2019, the Court issued a minute order in Nw. Envtl. Advocates v. Browner, 91-cv-00427, in which the Court denied NWEA's request to reopen and file an amended complaint in that case. Instead, the Court directed NWEA to proceed with any further action in this case.
As a result of that order, NWEA intends to file an amended complaint in this case pursuant to FRCP 15(a)(1)(B) within the next 30 days, by January 16, 2020. The parties request that the date for the United States to file its responsive pleading and administrative record be set at a date 30 days from the date NWEA files its amended complaint.
For the reasons explained above, the parties request that the Court's order setting out the deadlines for the following events in this case be modified according to the following schedule:
• FRCP 12 Responsive Pleadings and administrative record: 30 days after NWEA files it amended complaint;
• FRCP 26(f) Conference: 19 days after the deadline for the United States' responsive pleading
• FRCP 26(a)(1) Initial Disclosures: 26 days after the deadline for the United States' responsive pleading
• Combined Joint Status Report, and Discovery Plan as Required by FRCP 26(f) and Local Civil Rule 26(f): 26 days after the deadline for the United States' responsive pleading.
Accordingly, the parties respectfully request that the Court vacate the United States' obligation to file a responsive pleading to NWEA's first complaint, along with the date for filing the administrative record. The parties further request that the deadline for the United States' Rule 12 responsive pleading and administrative record be set at 30 days after the date that NWEA files its amended complaint, and that the deadlines for the FRCP 26(f) Conference, FRCP 26(a)(1) Initial Disclosures, Combined Joint Status Report, and Discovery Plan be modified according to the schedule above.
It is so ordered.
