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Save Our Sound OBX, Inc. v. North Carolina Department of Transportation

United States District Court, E.D. North Carolina, Northern Division

November 3, 2017

SAVE OUR SOUND OBX, INC., THOMAS ASCHMONEIT, RICHARD AYELLA, DAVID HADLEY, MARK HAINES, JER MEHTA, and GLENN STEVENS, Plaintiffs,
v.
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, JAMES H. TROGDON, III, in his official capacity as Secretary of the North Carolina Department of Transportation, FEDERAL HIGHWAY ADMINISTRATION, and JOHN F. SULLIVAN, III, in his official capacity as Division Administrator for the Federal Highway Administration, Defendants, and DEFENDERS OF WILDLIFE and NATIONAL WILDLIFE REFUGE ASSOCIATION, Defendant-Intervenors.

          ORDER ON BRIEFING SCHEDULE

          LOUISE W. FLANAGAN, UNITED STATES DISTRICT JUDGE

         On October 30, 2017, Plaintiffs Save Our Sound OBX, Inc., Thomas Aschmoneit, Richard Ayella, David Hadley, Mark Haines, Jer Mehta, and Glenn Stevens; Defendants, the North Carolina Department of Transportation, James H. Trogdon, III, in his official capacity as Secretary of NCDOT (together the "State Defendants); and the Federal Highway Administration, and John F. Sullivan, III, in his official capacity as Division Administrator for FHWA (together the "Federal Defendants"); and Defendant-Intervenors Defenders of Wildlife and the National Wildlife Refuge Association (collectively "the Parties") submitted a Joint Motion on Briefing Schedule (the "Motion"), requesting that the Court enter an amended scheduling order. After considering the Parties' Motion, the Court finds that the requested schedule is reasonable in part, [1] and therefore, IT IS HEREBY ORDERED that

         1. The case shall be governed by the following schedule:

         a. Defendants and Defendant-Intervenors will file any Responses to Plaintiffs' Motion to Amend the Complaint, ECF No. 78, by November 16, 2017.

         b. Plaintiffs may file a Reply regarding their Motion to Amend the Complaint by November 30, 2017.

         c. If the Court grants Plaintiffs' Motion to Amend Complaint, ECF No. 78:

i. Within 14 days, Federal Defendants, State Defendants, and Defendant-Intervenors will file any responsive pleadings.
ii. Within 21 days after Defendants and Defendant-Intervenors file an amended answer or the resolution of any other responsive pleadings, whichever is later, Plaintiffs will file a Motion for Summary Judgment and accompanying memorandum, not to exceed 50 pages.
iii. Within 21 days after Plaintiffs file a Motion for Summary Judgment, Federal Defendants and State Defendants will file their respective Cross-Motions for Summary Judgment and Responses in Opposition to Plaintiffs' Motion for Summary Judgment, and accompanying memoranda, not to exceed 50 pages each. Defendant-Intervenors Defenders of Wildlife and National Wildlife Refuge Association may also jointly file a Motion for Summary Judgment and accompanying memorandum, not to exceed 50 pages.
iv. Within 21 days after Defendants and Defendant-Intervenors file their Cross-Motions for Summary Judgment, Plaintiffs may file a Reply Memorandum in support of their Motion for Summary Judgment and Response in Opposition to Defendants' and Defendant-Intervenors' Motions for Summary Judgment, not to exceed 50 pages.
v. Within 14 days after Plaintiffs' Reply Memorandum, Federal Defendants and State Defendants may file Reply Memoranda in support of their respective Motions for Summary Judgment, not to exceed 25 pages each. Defendant-Intervenors may also jointly file a Reply Memorandum, not to exceed 25 pages.

         d. If the Court denies Plaintiffs' Motion to Amend Complaint, ECF No. 78:

i. Within 21 days, Plaintiffs will file a Motion for Summary Judgment and accompanying memorandum, not to exceed 50 pages.
ii. Within 21 days after Plaintiffs file a Motion for Summary Judgment, Federal Defendants and State Defendants will file their respective Cross-Motions for Summary Judgment and Responses in Opposition to Plaintiffs' Motion for Summary Judgment, and accompanying memoranda, not to exceed 50 pages each. Defendant-Intervenors Defenders of Wildlife and National Wildlife Refuge Association may also ...

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