Good question, but are Super's takes on the nexus of impacts on navigable waters stuff informed on the legal status of things and what it all means?
From:
Case 4:15-cv-00386-CVE-PJC Document 46 Filed in USDC ND/OK on 11/11/15 Page 10 of 11
Case 3:15-cv-00059-RRE-ARS Document 98 Filed 11/10/15 Page 6 of 7
{Note that Defendants are EPA & COE}
Plaintiffs’ Request for Scheduling Order
In light of denial of a stay, it is necessary to establish a schedule for progress of the
litigation. The court therefore orders:
(1) By November 20, 2015, defendants shall file a certified index of the
administrative record. As to any documents over which privilege is
asserted, defendants shall identify the nature of each document in a
manner that, without revealing information itself privileged or protected,
will enable plaintiffs to assess the claim of privilege.
(2) Any motions to supplement the administrative record shall be filed by
December 4, 2015.
(3) Plaintiffs shall file a motion for summary judgment on or before January 4,
2016.
(4) Defendants shall file a combined motion for summary judgment, and
opposition to plaintiffs’ motion for summary judgment, on or before
February 15, 2016.
(5) Plaintiffs shall file a combined response to defendants’ motion for summary
judgment and reply to defendants’ opposition to plaintiffs’ motion for
summary judgment on or before February 29, 2016.
(6) Defendants shall file any reply brief on or before March 21, 2016.
(7) The parties must jointly prepare and file an appendix, containing those
portions of the administrative record that are cited or otherwise relied upon
in any memorandum in support of or opposition to the motions for
summary judgment, on or before April 1, 2016.
The court recognizes that, in the event motions to supplement the administrative
record are filed, it may be necessary to amend this scheduling order.
Conclusion
For the reasons discussed above, defendants’ motion for a stay, (Doc. #90), is
DENIED, and plaintiffs’ motion for entry of a scheduling order, (Doc. #82), is
GRANTED.
IT IS SO ORDERED.
Dated this 10th day of November, 2015.
/s/ Alice R. Senechal
Alice R. Senechal
United States Magistrate Judge7