Case 2:19-cv-01059-RAJ-JRC Document 64 Filed 04/06/20 Page 1 of 4

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The Honorable Richard A. Jones
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UNITED STATES DISTRICT COURT
9 WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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STATE OF WASHINGTON, et al., NO. 2:19-cv-01059-RAJ-JRC
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Plaintiffs, JOINT PROPOSED SCHEDULE
12 FOR SUMMARY JUDGMENT
v. MOTIONS PROPOSED BY THE
13 STATE OF WASHINGTON AND
The UNITED STATES FEDERAL DEFENDANTS
14 DEPARTMENT OF THE NAVY, et al.
15 Defendants.
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Pursuant to the Court’s November 4, 2019 Scheduling Order, Plaintiff the State of
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Washington and Federal Defendants jointly submit the following proposed schedule for filing
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and briefing summary judgment motions in this matter:
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 Plaintiffs’ motions for summary judgment on all claims are due on or before
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June 12, 2020.
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 Federal Defendants’ cross motions for summary judgment and their briefs in
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opposition to Plaintiffs’ motions for summary judgment on all claims are due
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on or before July 31, 2020.
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 Plaintiffs’ oppositions to Federal Defendants’ cross-motions and their replies in
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support of their own motions are due on or before September 11, 2020.
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JOINT PROPOSED CASE SCHEDULE - 1 ATTORNEY GENERAL OF WASHINGTON

Counsel for Environmental Protection
- NO. 2:19-CV-01059-RAJ 800 Fifth Avenue STE 2000
Seattle, WA 98104
(206) 464-7744
 Case 2:19-cv-01059-RAJ-JRC Document 64 Filed 04/06/20 Page 2 of 4

1  Federal Defendants’ replies in support of its own motions are due on or before
2 October 23, 2020.
3 If the Court has not issued its order on Plaintiff Citizens of the Ebey’s Reserve for a
4 Healthy, Safe and Peaceful Environment (COER) and Paula Spina’s Motion for Preliminary
5 Injunction (ECF No. 29) four weeks prior to the due date for Plaintiffs’ motions for summary
6 judgment, then the parties agree that any party may move to revise the summary judgment
7 briefing schedule.
8 Despite their efforts, including a phone call on March 27 and substantive email
9 correspondence, the parties were unable to reach agreement regarding Federal Defendants’
10 reply brief. It is Plaintiff Washington’s and Federal Defendants’ understanding that COER and
11 Ms. Spina object to Federal Defendants being allowed to file reply briefs in support of Federal
12 Defendants’ cross-motions for summary judgment.
13 It is Federal Defendants’ position that procedurally the parties need to file cross-
14 motions for summary judgment to allow this Court resolve all issues in this case, and, if the
15 parties file cross-motions, the local rules permit Federal Defendants to file replies in support
16 of their cross-motions. This approach allows each party to raise and fully brief all available
17 arguments, rather than restricting Federal Defendants to a purely responsive position, as a reply
18 brief will provide Federal Defendants with the opportunity to address new facts or issues raised
19 in Plaintiff Washington’s or COER’s and Ms. Spina’s opposition briefs. In addition, the
20 Federal Defendants note that this Court has approved the briefing schedule that Plaintiff
21 Washington and Federal Defendants propose in other cases. See, e.g., Tes v. United States
22 Department of State, 2:17-cv-175-RAJ (W.D. Wash.); GB Int’l v. Crandall, 2:18-cv-227-RAJ
23 (W.D. Wash.).
24 Plaintiff Washington has no objection to the Federal Defendants’ filing of a reply brief.
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JOINT PROPOSED CASE SCHEDULE - 2 ATTORNEY GENERAL OF WASHINGTON

Counsel for Environmental Protection
- NO. 2:19-CV-01059-RAJ 800 Fifth Avenue STE 2000
Seattle, WA 98104
(206) 464-7744
 Case 2:19-cv-01059-RAJ-JRC Document 64 Filed 04/06/20 Page 3 of 4

1 Counsel for COER and Paula Spina have indicated that they plan to file a separate
2 proposed schedule and associated order for the Court’s consideration. Plaintiff Washington
3 and Federal Defendants have submitted a proposed scheduling order consistent with this filing.
4 DATED this 6th day of April, 2020.
5
ROBERT W. FERGUSON
6
Attorney General of Washington
7
By: /s/ Aurora Janke
8 William Sherman, WSBA #29365
Assistant Attorney General
9 Aurora Janke, WSBA #45862
Assistant Attorney General
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Washington Attorney General’s Office
11 Counsel for Environmental Protection
800 5th Ave Ste. 2000 TB-14
12 Seattle, Washington 98104-3188
Tel: (206) 233-3391
13 Email: Bill.Sherman@atg.wa.gov
14 Aurora.Janke@atg.wa.gov

15 Counsel of Record for the State of Washington

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17 LAWRENCE VANDYKE
18 Deputy Assistant Attorney General

19 By: /s/ Brigman L. Harman (with permission)

Brigman L. Harman
20 United States Department of Justice
Environment & Natural Resources Division
21 Natural Resources Section
22 150 M Street, NE
Washington, D.C. 20002
23 Tel: (202) 616-4119
Fax: (202) 305-0506
24 Email: Brigman.Harman@usdoj.gov
25
Counsel of Record for the Federal Defendants
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JOINT PROPOSED CASE SCHEDULE - 3 ATTORNEY GENERAL OF WASHINGTON

Counsel for Environmental Protection
- NO. 2:19-CV-01059-RAJ 800 Fifth Avenue STE 2000
Seattle, WA 98104
(206) 464-7744
 Case 2:19-cv-01059-RAJ-JRC Document 64 Filed 04/06/20 Page 4 of 4

1 CERTIFICATE OF SERVICE
2 I hereby certify that on April 6, 2020, I served a copy of the foregoing on counsel of record
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electronically through the court’s CM/ECF system.
4
/s/ Aurora Janke
5 Aurora Janke

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JOINT PROPOSED CASE SCHEDULE - 4 ATTORNEY GENERAL OF WASHINGTON

Counsel for Environmental Protection
- NO. 2:19-CV-01059-RAJ 800 Fifth Avenue STE 2000
Seattle, WA 98104
(206) 464-7744