1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

McGREGOR W. SCOTT

United States Attorney

E. ROBERT WRIGHT

Assistant United States Attorney

501 I Street, Suite 10-100

Sacramento, California 95814

Telephone: (916) 554-2702

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

SODA MOUNTAIN WILDERNESS

COUNCIL and KLAMATH FOREST

ALLIANCE,

Plaintiffs,

v.

GALE NORTON, Secretary of the

United States Department of

Interior; KATHLEEN CLARKE,

Director of the Bureau of

Land Management; STEVEN 

ANDERSON, Redding Resource

Area Manager; DEPARTMENT OF

THE INTERIOR, and BUREAU OF

LAND MANAGEMENT,

Defendants.

_________________________________

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

No. CIV-S-04-2583 LKK CMK

STIPULATION AND ORDER

MODIFYING PRETRIAL

SCHEDULING ORDER

At the request of defendants, the parties hereto thorough counsel stipulate and

agree to modification of the Scheduling Order of April 7, 2005, to allow the defendants to

file the Administrative Record by May 3, 2005. The Order presently requires the Record

to be filed by April 22, 2005.

The parties through counsel further request that Plaintiffs still have twenty days to

file objections from the filing of the record.

Case 2:04-cv-02583-LKK -CMK Document 17 Filed 04/27/05 Page 1 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

2

The parties through counsel also request that:

1. the date for completion of discovery be extended from May 30, 2005 to June 10,

2005;

2. the date for filing cross-motions for summary judgment be extended from July 15,

2005, to July 27, 2005; and 

3. the hearing date be changed from August 29, 2005, to a date in September 2005, as

set by the Court. 

Good cause for this request is as follows: agency counsel advised the undersigned

defense counsel today that her review of what the agency submitted to her indicates that

the Administrative Record is at present, incomplete. The Agency reports that it will take

as much as ten additional days to insure completeness of the Record and also complete

the indexing and copying. The agency reports that the Bureau of Land Management

employee, Glen Miller, with primary responsibility for assembling the Administrative

Record was undergoing a personal situation involving first the illness, and then the death,

of his father which has made it impossible to achieve the schedule set forth in the

Scheduling Order. Compiling the Record has been made more difficult because of the

volume of comment received on the project.. 

Dated: April 22, 2005 Respectfully submitted,

McGREGOR W. SCOTT

UNITED STATES ATTORNEY

By: /s/ E. Robert Wright 

E. ROBERT WRIGHT

Assistant United States Attorney

Dated: April 22, 2005 /s/ William H. Sherlock 

William H. Sherlock, OR Bar No. 90381

Hutchinson, Cox, Coons, DuPriest,

Orr & Sherlock, P.C.

Case 2:04-cv-02583-LKK -CMK Document 17 Filed 04/27/05 Page 2 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3

ORDER

BASED UPON the parties’ stipulation and good cause shown,

IT IS ORDERED that dates in the Scheduling Order of April 7, 2005, are hereby

modified as follows:

FORMER DATE NEW DATE

Filing of Administrative Record: April 22, 2005 May 3, 2005

Completion of Discovery: May 30, 2005 June 10, 2005

Filing cross-motions for

summary judgment: July 15, 2005 July 27, 2005

The hearing presently set for August 29, 2005, will be held on September 9, 2005,

at 10:00 a.m. in Courtroom No. 4.

All other provisions of the Status (Pretrial Scheduling) Conference Order filed

April 7, 2005, remain in effect and are unchanged.. 

IT IS SO ORDERED.

DATED: April 27, 2005 /s/Lawrence K. Karlton 

LAWRENCE K. KARLTON

SENIOR JUDGE

U.S. DISTRICT COURT

Case 2:04-cv-02583-LKK -CMK Document 17 Filed 04/27/05 Page 3 of 3