Case 2:19-cv-01062-RAJ-JRC Document 20-1 Filed 10/16/19 Page 1 of 4

1 District Judge Richard A. Jones

7 IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WASHINGTON
8 AT SEATTLE

9
CITIZENS OF THE EBEY’S RESERVE No. 2:19-cv-01062-RAJ-JRC
10 FOR A HEALTHY, SAFE & PEACEFUL
ENVIRONMENT, and PAULA SPINA,
[PROPOSED] SCHEDULING ORDER
11 Plaintiffs,

12 v.

13 UNITED STATES DEPARTMENT OF

THE NAVY, a military department of the
United States; and TODD C. MELLON, in
14 his official capacity as Acting Assistant
Secretary of the Navy for Energy,
15 Installations & Environment,

16 Defendants,

17 THIS MATTER having come before the Court upon Federal Defendants’ Proposed

18 Schedule for Further Proceedings, filed pursuant to this Court’s Minute Order, dated September

19 16, 2019, the Court does hereby adopt the proposed schedule and ORDERS as follows:

20 A. Submission of the Administrative Record

21 1. On or before January 3, 2020, Defendants shall provide Plaintiffs with a draft

22 index and copies of the documents Defendants propose to include in the

23 administrative record.

24
[PROPOSED] SCHEDULING ORDER -1- U.S. Department of Justice
25 Case No. 2:19-cv-01062 150 M. Street, NE
Washington, DC 20002
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1 2. On or before January 17, 2020, the parties shall meet and confer concerning the

2 draft record and shall attempt to address disputes, if any, concerning the

3 completeness or sufficiency of the record.

4 3. Defendants shall then lodge the certified administrative record with the Court on

5 or before January 31, 2020.

6 4. To the extent that they intend to challenge the completeness or sufficiency of the

7 administrative record, Plaintiffs shall file an appropriate motion on or before

8 February 28, 2020.

9 5. To the extent Plaintiffs file a motion to complete or supplement the record,

10 Defendants shall file a response on or before March 20, 2020.

11 6. Plaintiffs shall file a reply brief, if any, on or before March 30, 2020.

12 B. Cross-Motions for Summary Judgment

13 Following the submission of the certified administrative record, the parties contemplate

14 filing cross-motions for summary judgment to address the case on its merits.

15 1. To the extent Plaintiffs file a motion to challenge the completeness or sufficiency

16 of the administrative record, the parties contemplate submitting a further proposed

17 schedule for summary judgment briefing within 30 days of the Court’s resolution

18 of Plaintiffs’ motion(s).

19 2. If Plaintiffs do not file a motion regarding the record, the parties propose the

20 following schedule for briefing cross-motions for summary judgment:

21 a. Plaintiffs’ motion for summary judgment on all claims is due on or before

22 March 31, 2020.

23

24
[PROPOSED] SCHEDULING ORDER -2- U.S. Department of Justice
25 Case No. 2:19-cv-01062 150 M. Street, NE
Washington, DC 20002
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1 b. Defendants’ cross-motion for summary judgment and their brief in

2 opposition to Plaintiffs’ motion on all claims are due on or before May 5,

3 2020.

4 c. Plaintiffs’ opposition to Defendants’ cross-motion is and their reply in

5 support of their own motion are due on or before June 9, 2020.

6 d. Defendants’ reply in support of their own motion is due on or before July

7 9, 2020.

8 DATED this ___th day of __________, 2019.

10 ____________________________________
United States District Judge
11

12 Presented by:

13 LAWRENCE VANDYKE
Deputy Assistant Attorney General
14
By: /s/ Brigman L. Harman
15 Brigman L. Harman
United States Department of Justice
16 Environment & Natural Resources Division
Natural Resources Section
17 150 M Street, NE
Washington, D.C. 20002
18 Tel: (202) 616-4119
Fax: (202) 305-0506
19 Email: Brigman.Harman@usdoj.gov
Counsel of Record for the Federal Defendants
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[PROPOSED] SCHEDULING ORDER -3- U.S. Department of Justice
25 Case No. 2:19-cv-01062 150 M. Street, NE
Washington, DC 20002
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1 CERTIFICATE OF SERVICE

2 I hereby certify that on October 16, 2019, I served a copy of the foregoing on counsel of
record electronically through the court’s CM/ECF system.
3

4 By: /s/ Brigman L. Harman

Brigman L. Harman
5 United States Department of Justice
Environment & Natural Resources Division
6 Natural Resources Section
150 M Street, NE
7 Washington, D.C. 20002
Tel: (202) 616-4119
8 Fax: (202) 305-0506
Email: Brigman.Harman@usdoj.gov
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[PROPOSED] SCHEDULING ORDER -4- U.S. Department of Justice
25 Case No. 2:19-cv-01062 150 M. Street, NE
Washington, DC 20002