Bartell Ranch LLC v. McCullough

Christopher Mixson (NV Bar#10685) KEMP JONES, LLP 3800 Howard Hughes Parkway, Suite 1700 Las Vegas, Nevada 89169 702-385-6000 [email protected] Attorney for Plaintiffs Roger Flynn, (CO Bar#21078) Pro Hac Vice Jeffrey C. Parsons (CO Bar#30210), Pro Hac Vice WESTERN MINING ACTION PROJECT P.O. Box 349, 440 Main St., #2 Lyons, CO 80540 (303)823-5738 [email protected] Attorneys for Great Basin Resource Watch, Basin and Range Watch, and Wildlands Defense Talasi B. Brooks (ISB#9712), Pro Hac Vice Western Watersheds Project P.O. Box 2863 Boise ID 83714 (208)336-9077 [email protected] Attorney for Western Watersheds Project 18 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 20 BARTELL RANCH LLC, et al., Case No.: 3:21-cv-80-MMD-CLB (LEAD CASE) 21 Plaintiffs, JOINT MOTION BY v. ENVIRONMENTAL PLAINTIFFS AND 23 FEDERAL DEFENDANTS FOR STAY ESTER M. MCCULLOUGH, et al., OF BRIEFING ON PLAINTIFFS’ 24 MOTION FOR ATTORNEYS FEES AND Defendants, EXPENSES and LITHIUM NEVADA CORPORATION, Intervenor-Defendant WESTERN WATERSHEDS PROJECT, et al., Case No.: 3:21-cv-103-MMD-CLB 2 (CONSOLIDATED CASE) Plaintiffs, and RENO SPARKS INDIAN COLONY, 6 Intervenor-Plaintiff, and BURNS PAIUTE TRIBE, Intervenor-Plaintiff, v. UNITED STATES DEPARTMENT OF THE INTERIOR, et al., 14 Defendants, and LITHIUM NEVADA CORPORATION, Intervenor-Defendant.

Plaintiffs Western Watersheds Project, et al. (WWP), and the Federal Defendants, the United States Bureau of Land Management et al. (BLM), file this Joint Motion to stay briefing on WWP’s Motion for attorneys’ fees and expenses, in order to facilitate negotiations that may result in settlement of WWP’s Motion.

24 Pursuant to the Equal Access to Justice Act, 28 U.S.C. §2412 (EAJA), WWP filed its Motion on November 10, 2023 (ECF No. 309). The Federal Defendants’ response to WWP’s Motion is due on November 24, 2023. In order to meet EAJA’s filing deadline, 28 U.S.C. §2412(d)(1)(B), and in support of potential settlement, WWP filed a “placeholder” fees motion, further briefing and evidence submittals while negotiations continue. See Greenpeace v. Stewart, No. 17-35945, 2020 WL 2465321, *4-5 (9th Cir. Commissioner, May 12, 2020)(approving use of placeholder fees motion to facilitate settlement).

5 WWP and the Federal Defendants are currently engaged in negotiations and propose that briefing be stayed while these discussions are ongoing. In the event that a settlement cannot be reached, the parties further propose that WWP and the Federal Defendants will inform the Court and, at that time, file a joint schedule to allow WWP to amend its Motion and submit additional declarations and materials in support of its Motion, as well as a schedule for the Federal Defendants’ response and WWP’s reply.

12 Accordingly, WWP and the Federal Defendants respectfully request that this Court issue an Order such that: 1. Briefing on WWP’s Motion is stayed; 2. The parties will submit a status report on the potential settlement of WWP’s Motion within 60 days of the date of this Court’s Order on this Joint Motion; and 18 3. If settlement cannot be reached, WWP and the Federal Defendants will file a joint schedule for WWP to amend its Motion, and include additional declarations and materials in support, as well as for the Federal Defendants’ response and WWP’s reply.

Respectfully submitted this 10th day of November, 2023.

23 /s/ Roger Flynn Roger Flynn Jeffrey C. Parsons WESTERN MINING ACTION PROJECT P.O. Box 349, 440 Main St., #2 Lyons, CO 80540 (303)823-5738 [email protected] Attorneys for GBRW, BRW, WD I Talasi B. Brooks ISB#9712), Pro Hac Vice 9| Western Watersheds Project P.O. Box 2863 Boise ID 83714 (208) 336-9077 tbrooks @ westernwatersheds.org Attorney for Western Watersheds Project Christopher Mixson (NV Bar#10685) KEMP JONES, LLP g | 3800 Howard Hughes Parkway, Suite 1700 Las Vegas, Nevada 89169 702-385-6000 10 c.mixson @kempjones.com | Attorney for Plaintiffs /s/ Michael K. Roberston (signed with permission) 13 Michael K. Robertson (DC Bar 1017183) Trial Attorney, U.S. Department of Justice, Natural Resources Section P.O. Box 7611 Washington, D.C. 20044-7611 | 202-305-9609 16 michael.robertson @usdoj.gov | Attorney for Federal Defendants 18 CERTIFICATE OF SERVICE 19 Thereby attest that I served the foregoing on counsel of record for all parties via the | Court’s CM/ECF system, this 10th day of November, 2023.

21 /s/ Roger Flynn 9 Roger Flynn IT IS SO ORDERED.

25 DATED: November 13, 2023 ALA 26 we CHIEF U.S. DISTRICT JUDGE 27 MIRANDA M. DU