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, Pro Hac Vice Jeffrey C. Parsons, 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 Jamie Park, Pro Hac Vice WESTERN WATERSHEDS PROJECT P.O. Box 37198 Albuquerque, NM 87110-9998 (505)750-0334 [email protected] Attorney for Western Watersheds Project UNITED STATES DISTRICT COURT DISTRICT OF NEVADA BARTELL RANCH LLC, et al., Case No.: 3:21-cv-80-MMD-CLB 20 (LEAD CASE) Plaintiffs, ORDER GRANTING JOINT MOTION 22 v. BY ENVIRONMENTAL PLAINTIFFS AND FEDERAL DEFENDANTS FOR 23 ESTER M. MCCULLOUGH, et al., STAY OF BRIEFING ON PLAINTIFFS’ MOTION FOR Defendants, ATTORNEYS’ FEES AND EXPENSES 25 and 26 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 or Environmental Plaintiffs), and the Federal Defendants, the United States Bureau of Land Management et al. (BLM), file this Joint Motion and Status Report to continue the stay of briefing on WWP’s Motion for attorneys’ fees and expenses, in order to facilitate negotiations that may result in settlement of WWP’s fees Motion.

Pursuant to the Equal Access to Justice Act, 28 U.S.C. §2412 (EAJA), WWP filed its fees Motion on November 10, 2023 (ECF No. 309). In order to meet EAJA’s filing deadline, 28 27 U.S.C. §2412(d)(1)(B), and in support of potential settlement, WWP filed a “placeholder” fees avoid 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 Pursuant to this Court’s Order (ECF No. 323) approving WWP’s and the Federal Defendants’ previous joint status report and motion to extend the deadlines regarding WWP’s fees Motion, this status report is due April 22, 2024.

WWP and the Federal Defendants are currently engaged in negotiations and propose that briefing be continued to be stayed while these discussions are ongoing. In the event that a settlement cannot be reached, WWP and the Federal Defendants 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 fees 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.

Accordingly, WWP and the Federal Defendants respectfully request that this Court issue an Order such that: 18 1. Briefing on WWP’s Motion continues to be 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 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.

25 Respectfully submitted this 18th day of April, 2024. /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 roger@ wmaplaw.org Attorneys for GBRW, BRW, WD | Jamie Park Pro Hac Vice WESTERN WATERSHEDS PROJECT 6| P.O. Box 37198 Albuquerque, NM 87110-9998 | (505) 750-0334 jaimie @ westernwatersheds.org Attorney for Western Watersheds Project 10 Christopher Mixson (NV Bar#10685) KEMP JONES, LLP | 3800 Howard Hughes Parkway, Suite 1700 Las Vegas, Nevada 89169 12) 702-385-6000 13 [email protected] Attorney for Plaintiffs /s/Michael K. Roberston (signed with permission) 16 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 19 michael.robertson @usdoj.gov | Attorney for Federal Defendants 2] CERTIFICATE OF SERVICE I hereby attest that I served the foregoing on counsel of record for all parties via the | Court’s CM/ECF system, this 18" day of February, 2024.

24 /s/ Roger Flynn 25) ITISSO ORDERED.

26 | DATED THIS 19" Day of April 2024.

27 ALA 28 to sSOoOo Ta CHIEF U.S. DISTRICT JUDGE MIRANDA M. DU