STIPULATION AND ORDER EXTENDING TIME TO FILE REPLY BRIEFS ON REMEDY AND CONTINUING HEARING DATE

MORRISON C. ENGLAND, Jr., District Judge.

On August 6, 2012, the Court entered an order setting the briefing schedule and hearing date on the remedy issue in Pacific Rivers Council v. United States Forest Service, et al., Case No. CV-S-05-00953-MCE GGH ("PRC case"), consistent with a stipulation between Pacific Rivers Council (Pacific Rivers) and the Federal Defendants in that case. At the same time, the court rescheduled the remedy hearing in two related cases, People of the State of California, ex rel. Kamala D. Harris, Attorney General v. United States Department of Agriculture, et al., Case No. CIV 05-00211 MCE GGH ("California case") and Sierra Forest Legacy, et al., v. Harris Sherman, in his official capacity as Under Secretary for Natural Resources and Environment, U.S. Department of Agriculture, et al., Case No. S-05-0205 MCE GGH ("Sierra Forest Legacy case"), though the remedy issue had been fully briefed in these cases, so that common issues related to remedy will be presented in a single consolidated hearing.

The current briefing schedule on the remedy issue in the PRC case provides that Pacific Rivers' opening brief (of no more than 25 pages) was to be filed by August 9, 2012; Federal Defendants' opposition brief (of no more than 30 pages) was to be filed by September 13, 2012; and Pacific Rivers' reply brief (of no more than 15 pages) must be filed by September 27, 2012. ECF 174. The hearing date is October 4, 2012. ECF 174.

On August 9, 2012, Pacific Rivers filed its opening brief. ECF 175. On September 13, 2012, Federal Defendants filed an opposition brief (ECF 177), along with the five (5) supporting declarations of Donald Yasuda, Michael S. Kellett, Barry Hill, Anne L. Yost, Karen Burmark (ECF 177-1-177-5) and additional evidence (ECF 177-6-177-8). In addition, the Federal Defendant's opposition brief "incorporates by reference" the Federal Defendants' remedy briefing in the Sierra Forest Legacy and California cases. (ECF Nos. 186, 196, 246, 248). ECF 177 at 3, fn2 (incorporating Sierra Forest Legacy [2:05-cv-0205] ECF Nos. 270, 278, 339, 342; California [2:05-0211] ECF Nos. 186, 196, 246, 248). This incorporated material, which is referenced throughout the Federal Defendants' opposition, adds "several hundred pages" of legal argument and evidence to its opposition. Id.

Also on September 13, 2012, Intervenor-Defendants California Forestry Association, et al. (ECF 176) and California Cattlemen's Association (ECF 178) each filed briefs in opposition to Pacific Rivers' opening brief on remedy. Like the Federal Defendants, California Forestry Association, et al. "incorporates" its prior remedy briefing and references pleadings filed in the Sierra Forest Legacy case.

Pacific Rivers' reply brief is due currently due on September 27, 2012, providing only two weeks to review and respond to three separate opposition briefs, five new declarations (of at least 42 pages), and "several hundred" of pages of remedies briefing filed in other cases.

Pacific River believes that the existing schedule does not provide adequate time for responding to two additional opposition briefs and to pleadings filed in the related cases. The parties to the PRC case agree that the time for responding to the opposition briefs should be extending by 18 days, to October 15, 2012. Intervenor-Defendants California Forestry Association does not join the stipulation, but does not oppose.

The remaining PRC parties further stipulate that Pacific Rivers' October 15th reply to Federal Defendants' opposition shall be no more than 20 pages; the reply to Intervenor-Defendants California Forestry Association, et al. opposition shall be no more than 15 pages; and the reply to Intervenor-Defendants California Cattlemen's Association opposition shall be no more than 5 pages.

The remaining PRC parties further stipulate that Federal Defendants have the option of filing, by October 31, 2012, a sur-reply limited to addressing any new issues or new evidence raised by or submitted with Pacific Rivers' reply papers. The Federal Defendants' sur-reply brief shall be no more than 8 pages.

The parties to all three cases agree that in order to promote judicial economy, conserve the parties' resources and avoid the possibility of inconsistent rulings, this Court should conduct a single consolidated hearing to address the appropriate remedies in each case after the issue has been briefed in the PRC case. Intervenor-Defendants California Forestry Association does not join this stipulation, but does not oppose. Accordingly, and based on counsel's respective schedules, the remaining parties stipulate as follows:

1. The Court should vacate the October 4, 2012 hearing and reschedule a single consolidated hearing in all three cases for November 29, 2012.

2. Pacific Rivers Council shall file its reply briefs by October 15, 2012. Pacific Rivers' reply to Federal Defendants' opposition shall be no more than 20 pages; the reply to Intervenor-Defendants California Forestry Association, et al. opposition shall be no more than 15 pages; and the reply to Intervenor-Defendants California Cattlemen's Association opposition shall be no more than 5 pages.

3. The Federal Defendants have the option of filing, by October 31, 2012, a sur-reply limited to addressing any new issues or new evidence raised by or submitted with Pacific Rivers' reply papers. The Federal Defendants' sur-reply brief shall be no more than 8 pages.

IT IS SO STIPULATED.

ORDER

1. The hearing set for October 4, 2012 is hereby vacated. A new hearing in all three cases shall be set for on November 29, 2012 at 2:00 p.m..

2. Pacific Rivers Council shall file a reply brief to Federal Defendants' opposition consisting of no more than 20 pages by October 15, 2012.

3. Pacific Rivers Council shall file a reply brief to Intervenor-Defendants California Forestry Association, et al. opposition consisting of no more than 15 pages by October 15, 2012.

4. Pacific Rivers Council shall file a reply brief to Intervenor-Defendants California Cattlemen's Association's opposition consisting of no more than 5 pages by October 15, 2012.

5. The Federal Defendants have the option of filing, by October 31, 2012, a sur-reply limited to addressing any new issues or new evidence raised by or submitted with Pacific Rivers' reply papers. The Federal Defendants' sur-reply brief shall be no more than 8 pages.

IT IS SO ORDERED.