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Alliance for Wild Rockies v. U.S. Fish & Wildlife Service

United States District Court, D. Montana, Missoula Division

May 8, 2019

ALLIANCE FOR THE WILD ROCKIES, Plaintiff,
v.
U.S. FISH & WILDLIFE SERVICE, an agency within the U.S. Department of Interior, Defendant.

          ORDER

          DONALD W. MOLLOY, DISTRICT JUDGE.

         Pursuant to Federal Rules of Civil Procedure 16(b) and 26(f) and Local Rules 16.1, 16.2, & 26.1, IT IS ORDERED:

         1. Responsibility of Plaintiff's Counsel. This Order is issued at the outset of the case, and a copy is delivered by the Clerk of Court to counsel for the plaintiff. The plaintiffs counsel is directed to serve a copy of this Order to each other party within ten (10) days after receiving notice of that party's appearance. The plaintiffs case may be dismissed without prejudice if the plaintiff fails to serve opposing counsel with this Order.

         2. Preliminary Pretrial Statement. Counsel for the respective parties shall file and serve on all parties a written preliminary pretrial statement on or before July 23, 2019. The statement shall address all matters listed in L.R. 16.2(b)(1).

         3. Vaughn Index. The government shall prepare and file with the Court, no later than July 23, 2019, a Vaughn index identifying the documents withheld, the FOIA exemptions claimed, and a particularized explanation of why each document falls within the claimed exemption. See Wiener v. FBI, 943 F.2d 972 (9th Cir. 1991); Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973).

         4. Rule 26(f) Conference and Case Management Plan. The parties shall file a proposed case management plan on or before August 9, 2019. The parties shall e-mail a copy of the proposed case management plan in Word format to dwm-propord@mtd.uscourts.gov. Lead trial counsel for the respective parties shall, at least two weeks before the proposed case management plan is due, meet to discuss the nature and basis of their claims and defenses, to develop the proposed case management plan, and to discuss the possibilities for a prompt settlement or resolution of the case. See Fed. R. Civ. P. 1. The case management plan resulting from the Rule 26(f) conference is not subject to revision, absent compelling reasons.

         5. Contents of Case Management Plan. The proposed case management plan should contain deadlines for the following pretrial motions and events or should state that such deadlines are not necessary:

Motions to Dismiss (fully briefed)
Certification of Administrative Record
Motions to Supplement the Administrative Record
Motions to Amend the Pleadings
Completion of Discovery
Motions for Summary Judgment (fully briefed)
Additional Deadlines Agreed to by the ...

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