Short et al v. Federal Highway Administration et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SANDRA SHORT, A/K/A/ SANDY
SHORT, DAVID SHORT, A/K/A/
DAVE SHORT, SARAH
SARBACKER, AND DONALD
SHORT, A/K/A/ DON SHORT,
Plaintiffs,
v.
FEDERAL HIGHWAY
ADMINISTRATION,
Defendant,
BILLINGS COUNTY, NORTH
DAKOTA, AND NORTH DAKOTA
DEPARTMENT OF
TRANSPORTATION,
Intervenor-Defendants.
Case No. 1:19-cv-285-DMT-CRH
PROPOSED JOINT SCHEDULING
PLAN
Plaintiffs Sandra Short, David Short, Sarah Sarbacker, and Donald Short
(“Plaintiffs”); defendant Federal Highway Administration (“FHWA”); and intervenor-
defendants, Billings County, North Dakota (“the County”), and the North Dakota
Department of Transportation (“NDDOT”)(collectively, Plaintiffs, FHWA, the
County, and NDDOT are referred to as the “Parties”), through undersigned counsel,
submit this Proposed Joint Scheduling Plan.
Throughout May and June 2021, counsel for the Parties conferred and agreed as
follows:
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NO DISCOVERY, PRE-TRIAL, OR TRIAL-RELATED PROCEDURES ARE
WARRANTED IN THIS CASE
No Fed. R. Civ. P. 16 conference is required because this action is an appeal of
an administrative agency decision. D.N.D. Civ. L.R. 16.1(7). The Parties agree that as
an Administrative Procedure Act action, this case can be resolved on cross-motions for
summary judgment, based on the administrative record FHWA filed conventionally
with the Court. See Doc. 28. References to the administrative record in the Parties’
filings shall use the Bates-stamped numbers on the documents.
PROPOSED SCHEDULE FOR SUMMARY JUDGMENT BRIEFING
The Parties propose the following schedule for briefing on cross-motions for
summary judgment.
1. 	On or before August 6, 2021, Plaintiffs will file a motion for summary
judgment on all claims brought in the Complaint. Such motion will be
accompanied by a memorandum in support not to exceed 40 pages.
2. 	On or before October 7, 2021, FHWA, the County, and NDDOT will each
file their own respective cross-motions for summary judgment on all claims
brought in the Complaint. Each such motion will be accompanied by a
memorandum, not to exceed 50 pages, both in support of the respective
cross-motion and also in response to Plaintiffs’ motion for summary
judgment.
3. 	On or before December 22, 2021, Plaintiffs will file memorandums, not to
exceed 30 pages each, or 90 pages for a combined brief to all Defendants,
that both reply in support of Plaintiffs’ summary judgment motion and
respond to the cross-motions for summary judgment by FHWA, the
County, and NDDOT motions.
4. 	On or before February 4, 2022, FHWA, the County, and NDDOT will each
file their own respective replies in support of their respective cross-motion
for summary judgment, not to exceed 20 pages.
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BRAATEN LAW FIRM
Dated: July 1, 2021 	By: 	/s/ Derrick Braaten
Derrick Braaten
ND Bar ID 06394
109 North 4th Street, Suite 100
Bismarck, ND 58501
(701) 221-2911
derrick@braatenlawfirm.com
Attorneys for Plaintiffs
NICHOLAS W. CHASE
Acting United States Attorney
Dated: July 1, 2021 	By: 	/s/ Sarah E. Wall
SARAH E. WALL
ND Bar ID 07822
JAMES PATRICK THOMAS
ND Bar ID 06014
MICHAEL D. SCHOEPF
ND Bar ID 07076
Assistant United States Attorneys
P.O. Box 699
Bismarck, ND 58502-0699
(701) 530-2420
sarah.wall@usdoj.gov
james.p.thomas@usdoj.gov
michael.schoepf@usdoj.gov
Attorneys for Federal Highway Administration
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VOGEL LAW FIRM
Dated: July 1, 2021 	By: 	/s/ Tami Norgard
Tami Norgard
ND Bar ID 05374
Bennett L. Johnson
ND Bar ID 08922
218 NP Avenue
Fargo, ND 58102
(701) 237-6983
tnorgard@vogellaw.com
bjohnson@vogellaw.com
Elizabeth Boucher Dawson (DC #230818)
Crowell & Moring LLP
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595
(202) 624-2500 (t): (202) 628-5116 (f)
rmccrum@crowell.com
edawson@crowell.com
Of Counsel
H. Patrick Weir (ND #02740)
Billings County State’s Attorney
P.O. Box 187
Medora, ND 58645-0187
(701) 623-4465 (t); (701) 623-4896 (f)
pweir@nd.gov
Attorneys for Billings County, North Dakota
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Dated: July 1, 2021 	STATE OF NORTH DAKOTA
WAYNE STENEHJEM
ATTORNEY GENERAL
By: 	/s/ Matthew A. Sagsveen
Matthew A. Sagsveen
Solicitor General
State Bar ID No. 05613
Office of Attorney General
500 North 9th Street
Bismarck, ND 58501-4509
Telephone (701) 328-3640
Facsimile (701) 328-4300
masagsve@nd.gov
Attorneys for North Dakota
Department of Transportation
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ORDER
The court ADOPTS the parties’ proposed schedule for summary judgment
briefing without any additions or modifications.
IT IS SO ORDERED.
Dated this 6th day of July, 2021.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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