STIPULATED MOTION AND [PROPOSED] ORDER DEFERRING FILING OF THE COMBINED JOINT STATUS REPORT AND DISCOVERY PLAN

Note on Motions Calendar: November 5, 2018

JAMES L. ROBART, District Judge.

Plaintiffs Sound Action, et al. ("Sound Action"), and Defendant United States Army Corps of Engineers (the "Corps") (collectively the "Parties") request that the Court defer the date for the Parties to file the Combined Joint Status Report and Discovery Plan required by the Court's order (Doc. No. 14), until 14 days after the Court rules on the Corps' pending motion to dismiss claim one of the Complaint for lack of jurisdiction (Doc. No. 13). The grounds for this Stipulated Motion are as follows:

1. On May 21, 2018, Sound Action filed a two-count Complaint against the Corps under the Administrative Procedure Act that challenges an alleged final agency action by the Corps pertaining to the boundary of shoreline areas regulated under the Clean Water Act in the Corps' Seattle District and that alleges the Corps failed to respond within a reasonable time to an administrative petition regarding the Clean Water Act.

2. On September 28, 2018, the Corps filed a Motion to Dismiss Claim One For Lack of Jurisdiction, Doc. No. 13. Briefing on this dispositive motion, which is noted for November 15, 2018, is ongoing. Doc. No. 16.

3. The Court issued its initial scheduling order (Doc. No. 14) on October 2, 2018. That order requires, among other things, that the Parties file their Combined Joint Status Report and Discovery Plan by November 6, 2018. Deferring that filing until 14 days after the Court rules on the Corps' pending Motion to Dismiss makes sense because the scheduling issues that the Parties would need to address in that filing will depend upon, and will be significantly impacted by, how the Court rules on the Corps' Motion to Dismiss. Once that ruling is issued, the Parties will be in a position to address the scheduling matters in the Combined Joint Status Report and Discovery Plan for the efficient disposition of this case.

4. Deferring filing of the Combined Joint Status Report and Discovery Plan will not delay the ultimate resolution of this case or a future trial date. The Parties agree that any judicial review on the merits in this case must be based upon an administrative record for judicial review; thus, depending upon how the Court rules on the Corps' pending Motion to Dismiss, any merits review of the claims would be appropriately resolved through motions for summary judgment. Accordingly, selecting a trial date will not be necessary in this case, and deferring the date for filing the Status Report and Discovery Plan will not unduly delay the ultimate resolution of this case.

WHEREFORE, Sound Action and the Corps respectfully request that the Court extend the date for the Parties to file their Combined Joint Status Report and Discovery Plan required by the Court's initial order (Doc. No. 14) to 14 days after the Court rules on the Corps' pending Motion to Dismiss (Doc. No. 13).

ORDER

IT IS SO ORDERED.