Case 2:19-cv-01059-RAJ Document 18-1 Filed 10/16/19 Page 1 of 5

1 District Judge Richard A. Jones

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-RAJ
10
Plaintiffs,
[PROPOSED] SCHEDULING ORDER
11 v.

12 The UNITED STATES DEPARTMENT OF

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 THIS MATTER having come before the Court upon a Joint Proposed Schedule for
20 Further Proceedings, filed pursuant to this Court’s Minute Order, dated September 16, 2019, the
21 Court does hereby adopt the proposed schedule and ORDERS as follows:
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[PROPOSED] SCHEDULING ORDER -1- U.S. Department of Justice
25 Case No. 2:19-cv-01059 150 M. Street, NE
Washington, DC 20002
 Case 2:19-cv-01059-RAJ Document 18-1 Filed 10/16/19 Page 2 of 5

1 A. Submission of the Administrative Record

2 1. On or before January 3, 2020, Defendants shall provide Plaintiff with a draft

3 index and copies of the documents Defendants propose to include in the

4 administrative record.

5 2. On or before January 17, 2020, the parties shall meet and confer concerning the

6 draft record and shall attempt to address disputes, if any, concerning the

7 completeness or sufficiency of the record.

8 3. Defendants shall then lodge the certified administrative record with the Court on

9 or before January 31, 2020.

10 4. To the extent that it intends to challenge the completeness or sufficiency of the

11 administrative record, Plaintiff shall file an appropriate motion on or before

12 February 28, 2020.

13 5. To the extent Plaintiff files a motion to complete or supplement the record,

14 Defendants shall file a response on or before March 20, 2020.

15 6. Plaintiff shall file a reply brief, if any, on or before March 30, 2020.

16 B. Cross-Motions for Summary Judgment

17 Following the submission of the certified administrative record, the parties contemplate

18 filing cross-motions for summary judgment to address the case on its merits.

19 1. To the extent Plaintiff files a motion to challenge the completeness or sufficiency

20 of the administrative record, the parties contemplate submitting a further proposed

21 schedule for summary judgment briefing within 30 days of the Court’s resolution

22 of Plaintiff’s motion(s).

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[PROPOSED] SCHEDULING ORDER -2- U.S. Department of Justice
25 Case No. 2:19-cv-01059 150 M. Street, NE
Washington, DC 20002
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1 2. If Plaintiff does not file a motion regarding the record, the parties propose the

2 following schedule for briefing cross-motions for summary judgment:

3 a. Plaintiff’s motion for summary judgment is due on or before March 31,

4 2020.

5 b. Defendants’ cross-motion for summary judgment and their brief in

6 opposition to Plaintiff’s motion are due on or before May 5, 2020.

7 c. Plaintiff’s opposition to Defendants’ cross-motion and its reply in support

8 of its own motion are due on or before June 9, 2020.

9 d. Defendants’ reply in support of its own motion is due on or before July 9,

10 2020.

11 DATED this ___th day of __________, 2019.

12

13 ____________________________________
United States District Judge
14

15

16 Presented by:

17 LAWRENCE VANDYKE
Deputy Assistant Attorney General
18
By: /s/ Brigman L. Harman
19 Brigman L. Harman
United States Department of Justice
20 Environment & Natural Resources Division
Natural Resources Section
21 150 M Street, NE
Washington, D.C. 20002
22 Tel: (202) 616-4119
Fax: (202) 305-0506
23 Email: Brigman.Harman@usdoj.gov
Counsel of Record for the Federal Defendants
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[PROPOSED] SCHEDULING ORDER -3- U.S. Department of Justice
25 Case No. 2:19-cv-01059 150 M. Street, NE
Washington, DC 20002
 Case 2:19-cv-01059-RAJ Document 18-1 Filed 10/16/19 Page 4 of 5

1 ROBERT W. FERGUSON
Attorney General of Washington
2
By: /s/ Aurora Janke (with permission)
3 William Sherman, WSBA #29365
Assistant Attorney General
4 Aurora Janke, WSBA #45862
Special Assistant Attorney General
5 Washington Attorney General’s Office
Counsel for Environmental Protection
6 800 5th Ave Ste. 2000 TB-14
Seattle, Washington 98104-3188
7 Tel: (206) 233-3391
Email: Bill.Sherman@atg.wa.gov
8 Aurora.Janke@atg.wa.gov
Counsel of Record for the State of Washington
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[PROPOSED] SCHEDULING ORDER -4- U.S. Department of Justice
25 Case No. 2:19-cv-01059 150 M. Street, NE
Washington, DC 20002
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1 CERTIFICATE OF SERVICE

2 I hereby certify that on October 16, 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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[PROPOSED] SCHEDULING ORDER -5- U.S. Department of Justice
25 Case No. 2:19-cv-01059 150 M. Street, NE
Washington, DC 20002