Case 2:19-cv-01059-BJR Document 14 Filed 09/13/19 Page 1 of 4

1 District Judge Barbara J. Rothstein

7 IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WASHINGTON
8 AT SEATTLE

9
STATE OF WASHINGTON, No. 2:19-cv-01059-BJR
10
Plaintiffs,
STIPULATED MOTION FOR AN
11 v. ENLARGEMENT OF TIME TO FILE A
RESPONSE TO THE COMPLAINT AND
12 The UNITED STATES DEPARTMENT OF LODGE THE ADMINISTRATIVE RECORD
THE NAVY, an agency within the United
13 States Department of Defense; MARK T.
ESPER, in his official capacity as Acting
United States Secretary of Defense;
14 RICHARD V. SPENCER, in his official
capacity as Secretary of the Navy; TODD C.
15 MELLON, in his official capacity as Acting
Assistant Secretary of the Navy, Energy,
16 Installations & Environment; and CAPTAIN
MATTHEW L. ARNY, in his official
capacity as Commanding Officer of Naval
17 Air Station Whidbey Island,
18 Defendants,

19 Defendants United States Department of the Navy and Mark T. Esper, in his official
20 capacity, Richard V. Spencer, in his official capacity, Todd C. Mellon, in his official capacity,
21 and Matthew L. Arny, in his official capacity (collectively, the “Federal Defendants”), move
22 pursuant to Federal Rule of Civil Procedure 6(b) and Local Civil Rules 7(j) and 79(h) for an
23 enlargement of time of thirty (30) days to respond to the complaint filed by plaintiff State of
24
STIPULATED MOTION FOR AN ENLARGEMENT OF -1- U.S. Department of Justice
25 TIME TO FILE A RESPONSE TO THE COMPLAINT 150 M. Street, NE
AND LODGE THE ADMINISTRATIVE RECORD Washington, DC 20002
No. 2:19-cv-01059
 Case 2:19-cv-01059-BJR Document 14 Filed 09/13/19 Page 2 of 4

1 Washington (the “Plaintiff”), and an extension of the deadline to lodge the administrative record

2 to a date not yet set but to be agreed upon by the parties. This requested enlargement of time

3 would extend the current deadline to answer Plaintiff’s complaint from Monday, September 16,

4 2019, to Wednesday, October 16, 2019. Federal Defendants propose that the parties submit to

5 the Court a mutually agreeable, reasonable schedule for lodging the record, supplementing the

6 record if needed, and for any briefing related thereto (if needed), on or before October 16, 2019.

7 The Plaintiff has stipulated to this Motion.1

8 Under Rule 6 of the Federal Rules of Civil Procedure, the Court may, for good cause,

9 extend a party’s deadline to perform a required action. Fed. R. Civ. P. 6(b); see also LcvR 79(h)

10 (allowing for an extension of the deadline to lodge the record of the agency with the Court “on a

11 showing of good cause”). Here good cause exists for an enlargement of time because the Federal

12 Defendants represent that they cannot reasonably respond to the allegations in the complaint or

13 compile a complete administrative record within the allotted time. Plaintiff’s complaint involves

14 complex subject matter, asserting that the Federal Defendants violated National Environmental

15 Policy Act and the National Historic Preservation Act. Those allegations involve actions and

16 events related to United States Navy’s Record of Decision (the “ROD”), signed on March 12,

17 2019, and the associated Final Environmental Impact Statement published on September 28,

18 2018 (the “EIS”). The EIS at issue took years to complete and the associated administrative

19 record will likely contain thousands of pages. Documents must be collected from various

20 custodians at the Navy, and in many cases must be converted from a propriety file type to a

21
1
It should be noted that the parties in this action have stipulated to consolidating this action with
22 a similar action filed by Citizens of the Ebey’s Reserve for a Health, Safe & Peaceful
Environment and Paula Spina. See Citizens of the Ebey’s Reserve for a Healthy, Safe & Peaceful
23 Environment, et al. v. United States Department of the Navy, et al., Case No. 2:19-cv-01062. An
identical extension is being sought in that action.
24
STIPULATED MOTION FOR AN ENLARGEMENT OF -2- U.S. Department of Justice
25 TIME TO FILE A RESPONSE TO THE COMPLAINT 150 M. Street, NE
AND LODGE THE ADMINISTRATIVE RECORD Washington, DC 20002
No. 2:19-cv-01059
 Case 2:19-cv-01059-BJR Document 14 Filed 09/13/19 Page 3 of 4

1 readable file type, then reviewed for privilege and completeness before being filed. In addition,

2 the parties intend to engage in early informal settlement discussions. The requested extension

3 will provide additional time for the parties to prepare for and engage in these discussions while

4 conserving the parties’ and the Court’s resources.

5 In light of the above facts, and for good cause shown, the Federal Defendants respectfully

6 request that this Court grant their Motion for an Enlargement of Time to File a Response to the

7 Complaint and Lodge the Administrative Record.

8 Respectfully submitted this 13th day of September, 2019.

9
LAWRENCE VANDYKE ROBERT W. FERGUSON
10 Deputy Assistant Attorney General Attorney General of Washington

11 By: /s/ Brigman L. Harman By: /s/ Aurora Janke (with permission)
Brigman L. Harman William Sherman, WSBA #29365
12 United States Department of Justice Assistant Attorney General
Environment & Natural Resources Division Aurora Janke, WSBA #45862
13 Natural Resources Section Special Assistant Attorney General
150 M Street, NE Washington Attorney General’s Office
14 Washington, D.C. 20002 Counsel for Environmental Protection
Tel: (202) 616-4119 800 5th Ave Ste. 2000 TB-14
15 Fax: (202) 305-0506 Seattle, Washington 98104-3188
Email: Brigman.Harman@usdoj.gov Tel: (206) 233-3391
16 Email: Bill.Sherman@atg.wa.gov
Joshua Wilson Aurora.Janke@atg.wa.gov
17 United States Department of Justice Counsel of Record for the State of
Environment & Natural Resources Division Washington
18 Natural Resources Section
150 M Street, NE
19 Washington, D.C. 20002
Tel: (202) 305-0482
20 Fax: (202) 305-0506
Email: Joshua.Wilson@usdoj.gov
21 Counsel of Record for the Federal
Defendants
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STIPULATED MOTION FOR AN ENLARGEMENT OF -3- U.S. Department of Justice
25 TIME TO FILE A RESPONSE TO THE COMPLAINT 150 M. Street, NE
AND LODGE THE ADMINISTRATIVE RECORD Washington, DC 20002
No. 2:19-cv-01059
 Case 2:19-cv-01059-BJR Document 14 Filed 09/13/19 Page 4 of 4

1 CERTIFICATE OF SERVICE

2 I hereby certify that on September 13, 2019, I served a copy of the foregoing on counsel
of record electronically through the court’s CM/ECF system.
3

4 By: /s/ Brigman L. Harman

Brigman L. Harman
5 United States Department of Justice
Environment & Natural Resources Division
6 Natural Resources Section
150 M Street, NE
7 Washington, D.C. 20002
Tel: (202) 616-4119
8 Fax: (202) 305-0506
Email: Brigman.Harman@usdoj.gov
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STIPULATED MOTION FOR AN ENLARGEMENT OF -2- U.S. Department of Justice
25 TIME TO FILE A RESPONSE TO THE COMPLAINT 150 M. Street, NE
AND LODGE THE ADMINISTRATIVE RECORD Washington, DC 20002
No. 2:19-cv-01059