Case 1:20-cv-03598-CJN Document 11 Filed 04/20/21 Page 1 of 4
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLUMBIA
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`AMERICAN WILD HORSE CAMPAIGN, and
`)
`ROBERT HAMMER,
`
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`
`)
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`
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`
`)
`
`
`
`Plaintiffs,
`
`
`) Case No. 1:20-cv-03598-CJN
`
`
`
`
`
`
`
`)
`
`
`v.
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`
`
`
`) JOINT MOTION TO
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`
`
`
`
`
`
`) STAY PROCEEDINGS
`DEBRA HAALAND, in her official capacity
`)
`as Secretary of the Interior, and NADA WOLFF
`)
`CULVER, in her official capacity as Deputy
`)
`Director for Policy and Programs, U.S. Bureau of
`)
`Land Management,
`
`
`
`
`)
`
`
`
`
`
`
`
`)
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`
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`Defendants.
`
`
`)
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`
`
`
`
`)
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`
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`Defendants Debra Haaland, in her official capacity as Secretary of the Interior, and Nada
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`Wolff Culver, in her official capacity as Deputy Director for Policy and Programs, U.S. Bureau
`
`of Land Management (“BLM”) (collectively, “Defendants”) hereby respectfully move this Court
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`to stay all proceedings in this matter until June 21, 2021. Plaintiffs American Wild Horse
`
`Campaign and Robert Hammer (collectively, “Plaintiffs”) join this motion.
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`Plaintiffs filed their complaint on December 10, 2020, challenging a decision by BLM
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`that authorized, among other things, the surgical sterilization of federally protected wild mares in
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`the Confusion Herd Management Area (“HMA”) using a procedure known as “ovariectomy via
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`colpotomy.” Compl., ECF No. 6-1, ¶ 1. On February 17, 2021, Plaintiffs filed a Consent Motion
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`to Establish a Schedule. ECF No. 7. On February 19, 2021, the Court granted the consent motion
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`and adopted the schedule proposed by the parties. Minute Order (Feb. 19, 2021). On March 2,
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`2021, the Court granted Defendants’ unopposed motion to amend the answer deadline to allow
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`new administration officials at the Department of the Interior time to review this case. Minute
`
`
`
`1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLUMBIA
`
`
`
`
`
`
`
`
`AMERICAN WILD HORSE CAMPAIGN, and
`)
`ROBERT HAMMER,
`
`
`
`)
`
`
`
`
`
`
`
`)
`
`
`
`Plaintiffs,
`
`
`) Case No. 1:20-cv-03598-CJN
`
`
`
`
`
`
`
`)
`
`
`v.
`
`
`
`
`
`) JOINT MOTION TO
`
`
`
`
`
`
`
`) STAY PROCEEDINGS
`DEBRA HAALAND, in her official capacity
`)
`as Secretary of the Interior, and NADA WOLFF
`)
`CULVER, in her official capacity as Deputy
`)
`Director for Policy and Programs, U.S. Bureau of
`)
`Land Management,
`
`
`
`
`)
`
`
`
`
`
`
`
`)
`
`
`
`Defendants.
`
`
`)
`
`
`
`
`
`
`
`)
`
`
`
`Defendants Debra Haaland, in her official capacity as Secretary of the Interior, and Nada
`
`Wolff Culver, in her official capacity as Deputy Director for Policy and Programs, U.S. Bureau
`
`of Land Management (“BLM”) (collectively, “Defendants”) hereby respectfully move this Court
`
`to stay all proceedings in this matter until June 21, 2021. Plaintiffs American Wild Horse
`
`Campaign and Robert Hammer (collectively, “Plaintiffs”) join this motion.
`
`Plaintiffs filed their complaint on December 10, 2020, challenging a decision by BLM
`
`that authorized, among other things, the surgical sterilization of federally protected wild mares in
`
`the Confusion Herd Management Area (“HMA”) using a procedure known as “ovariectomy via
`
`colpotomy.” Compl., ECF No. 6-1, ¶ 1. On February 17, 2021, Plaintiffs filed a Consent Motion
`
`to Establish a Schedule. ECF No. 7. On February 19, 2021, the Court granted the consent motion
`
`and adopted the schedule proposed by the parties. Minute Order (Feb. 19, 2021). On March 2,
`
`2021, the Court granted Defendants’ unopposed motion to amend the answer deadline to allow
`
`new administration officials at the Department of the Interior time to review this case. Minute
`
`
`
`1
`
`
`
`Case 1:20-cv-03598-CJN Document 11 Filed 04/20/21 Page 2 of 4
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`Order (Mar. 2, 2021). The new Secretary of the Interior, Debra Haaland, was confirmed on
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`March 15, 2021 and sworn in on March 18, 2021. On April 6, 2021, Defendants filed a Consent
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`Motion to Amend the Schedule, asking for a two-week extension of all deadlines to allow new
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`administration officials at the Department of the Interior more time to evaluate the agency’s
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`approach to surgical sterilization under the decision at-issue in this case, BLM’s October 2020
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`Confusion HMA Decision. ECF No. 10. On April 12, 2021, the Court granted the Consent
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`Motion and extended all deadlines by two weeks. Minute Order (Apr. 12, 2021).
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`After undertaking the evaluation that the prior extensions were designed to facilitate,
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`BLM presently has no intention to surgically sterilize wild mares using “ovariectomy via
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`colpotomy” under BLM’s October 2020 Confusion HMA Decision. Accordingly, the parties
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`seek a stay in this litigation to allow BLM time to formalize that position. The parties have
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`conferred and agreed to a stay of all proceedings until June 21, 2021. The parties further agree
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`that, if BLM ultimately decides to implement “ovariectomy via colpotomy” sterilization of mares
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`in the Confusion HMA under the challenged October 2020 Confusion HMA Decision, the parties
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`should retain the same opportunities for reviewing the administrative record and briefing the
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`relevant issues that they have already agreed on. In such event, the parties will confer and
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`propose a new schedule for the Court’s approval.
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`
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`For the foregoing reasons and for good cause shown, the parties respectfully request that
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`the Court grant the motion to stay all proceedings until June 21, 2021. A proposed order is
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`attached.
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`Dated: April 20, 2021
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`
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`Respectfully submitted,
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`/s/ William N. Lawton
`William N. Lawton
`DC Bar No. 1046604
`
`2
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`Case 1:20-cv-03598-CJN Document 11 Filed 04/20/21 Page 3 of 4
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`Eubanks & Associates, PLLC
`1331 H Street NW, Suite 902
`Washington, D.C. 20005
`nick@eubankslegal.com
`(202) 556-1243
`
`Attorney for Plaintiffs
`
`
`JEAN E. WILLIAMS,
`Acting Assistant Attorney General
`SETH M. BARSKY, Section Chief
`S. JAY GOVINDAN, Assistant Section Chief
`
`/s/ Taylor A. Mayhall
`TAYLOR A. MAYHALL
`Trial Attorney, MN Bar No. 0400172
`United States Department of Justice
`Environment & Natural Resources Division
`Wildlife & Marine Resources Section
`Ben Franklin Station
`P.O. Box 7611
`Washington, DC 20044-7611
`Tel: (202) 598-3796
`Email: taylor.mayhall@usdoj.gov
`
` /s/ Hannah E. O’Keefe
` HANNAH E. O’KEEFE
` Trial Attorney, IL Bar No. 6336475
`United States Department of Justice
`Environment & Natural Resources Division
`Natural Resources Section
`Ben Franklin Station
`P.O. Box 7611
`Washington, DC 20044-7611
`Tel: (202) 616-3353
`Email: hannah.okeefe@usdoj.gov
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`Attorneys for Defendants
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`3
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`Case 1:20-cv-03598-CJN Document 11 Filed 04/20/21 Page 4 of 4
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`CERTIFICATE OF SERVICE
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`I hereby certify that on April 20, 2021, I electronically filed the foregoing with the Clerk
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`of the Court using the CM/ECF system, which will send notification of this filing to the attorneys
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`of record.
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`/s/ Taylor A. Mayhall
`
`TAYLOR A. MAYHALL
`Trial Attorney, MN Bar No. 0400172
`United States Department of Justice
`Environment & Natural Resources Division
`Wildlife & Marine Resources Section
`Ben Franklin Station
`P.O. Box 7611
`Washington, DC 20044-7611
`Tel: (202) 598-3796
`Email: taylor.mayhall@usdoj.gov
`
`Attorney for Defendants
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`4
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