Stipulated Order To Consolidate Cases

Case 2:19-cv-01059-BJR Document 13 Filed 09/05/19 Page 1 of 7
6 IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WASHINGTON
7 AT SEATTLE
8
STATE OF WASHINGTON,
9 Plaintiff, No. 2:19-cv-01059-BJR
v.
10
The UNITED STATES DEPARTMENT OF
THE NAVY, an agency within the United STIPULATION AND ORDER TO
11 States Department of Defense; MARK T. CONSOLIDATE CASES FOR ALL PURPOSES
ESPER, in his official capacity as Acting
12 United States Secretary of Defense;
RICHARD V. SPENCER, in his official
13 capacity as Secretary of the Navy; TODD C.
MELLON, in his official capacity as Acting
14 Assistant Secretary of the Navy, Energy,
Installations & Environment; and CAPTAIN
MATTHEW L. ARNY, in his official
15 capacity as Commanding Officer of Naval
Air Station Whidbey Island,
16 Defendants.
17 CITIZENS OF THE EBEY’S RESERVE
FOR A HEALTHY, SAFE & PEACEFUL No. 2:19-cv-01062-RSM-JRC
ENVIRONMENT, and PAULA SPINA,
18
Plaintiffs,
19 v.
UNITED STATES DEPARTMENT OF
20 THE NAVY, a military department of the
United States; and TODD C. MELLON, in
21 his official capacity as Acting Assistant
Secretary of the Navy for Energy,
22 Installations & Environment,
Defendants.
23
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25 STIPULATED MOTION TO CONSOLIDATE CASES -1- U.S. Department of Justice

Case No. 2:19-cv-01059-BJR 150 M. Street, NE
Case No. 2:19-cv-01062-RMS-JRC Washington, DC 20002
1 The undersigned parties hereby stipulate as follows and move this Court for an order
2 pursuant to Rule 42(a) of the Federal Rules of Civil Procedure consolidating for all purposes the
3 two above-captioned cases brought by Plaintiff State of Washington and Plaintiffs Citizens of the
4 Ebey’s Reserve for a Healthy, Safe & Peaceful Environment (“COER”) and Paula Spina. In
5 support thereof, the parties submit that the requirements of Federal Rule of Civil Procedure 42
6 and Western District of Washington Local Rule 42 are satisfied because the two actions involve
7 common questions of law or fact, and consolidation will allow the two cases to be handled more
8 efficiently and with less of a burden on the resources of this Court.
9 The complaints filed in both cases challenge—under the National Environmental Policy
10 Act (NEPA) and the Administrative Procedure Act—the United States Navy’s Record of
11 Decision, signed on March 12, 2019, and the associated Final Environmental Impact Statement
12 published on September 28, 2018. See State of Washington v. United States Department of the
13 Navy, et al., Case No. 2:19-cv-01059 (the “Washington Action”), ECF No. 1 ¶¶ 1, 6–11; COER,
14 et al. v. United States Department of the Navy, et al., Case No. 2:19-cv-01062-JRC (the “COER
15 Action”), ECF No. 1 ¶¶ 3–4, 9–10, 13. In the Washington Action, plaintiff claims the Federal
16 Defendants violated NEPA by failing “to take a hard look at public health impacts,” failing “to
17 take a hard look at wildlife impacts,” and failing “to consider appropriate mitigation measures,”
18 and violated the National Historic Preservation Act by adopting “arbitrary and capricious
19 measures to avoid or mitigate adverse effects.” See Washington Action, ECF No. 1, ¶¶ 76–93.
20 The COER Action contains claims similar to those raised in the Washington Action with the
21 addition of a claim that the Federal Defendants’ failed “to analyze an adequate range of
22 alternatives.” See COER Action, ECF No. 1, ¶¶ 144 – 181. Accordingly, there is significant
23 overlap in the claims asserted by the parties, which in turn will involve the production and
24

1 review of the same administrative record. Consolidating these cases under Rule 42(a) will
2 promote efficiency and conserve judicial resources.
3 In light of the foregoing, it is hereby stipulated and agreed, by and between the Parties
4 through their undersigned counsel of record, that the two above-captioned cases should be
5 consolidated for all purposes, up to and including trial.
6 Respectfully submitted this 5th day of September, 2019.
7 LAWRENCE VANDYKE
Deputy Assistant Attorney General
8
By: /s/ Brigman L. Harman
9 Brigman L. Harman
United States Department of Justice
10 Environment & Natural Resources Division
Natural Resources Section
11 150 M Street, NE
Washington, D.C. 20002
12 Tel: (202) 616-4119
Fax: (202) 305-0506
13 Email: [email protected]
Counsel of Record for the Federal Defendants
14
ROBERT W. FERGUSON
15 Attorney General of Washington
16 By: /s/ Aurora Janke (with permission)

William Sherman, WSBA #29365
17 Assistant Attorney General
Aurora Janke, WSBA #45862
18 Special Assistant Attorney General
Washington Attorney General’s Office
19 Counsel for Environmental Protection
800 5th Ave Ste. 2000 TB-14
20 Seattle, Washington 98104-3188
Tel: (206) 233-3391
[email protected]
22 Counsel of Record for the State of Washington
23
24

1 BRICKLIN & NEWMAN, LLP
2 By: /s/ Zachary K. Griefen (with permission)

David A. Bricklin, WSBA No. 7583
3 Claudia M. Newman, WSBA No. 24928
Zachary K. Griefen, WSBA No. 48608
4 1424 Fourth Avenue, Suite 500
Seattle, WA 98101
5 Tel: (206) 264-8600
Fax: (206) 264-9300
[email protected]
7 [email protected]
Counsel of Record of COER and Paula Spina
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1 ORDER
2 THIS MATTER having come before the Court upon stipulation of the Parties and the
3 Court having considered the stipulated motion and the records and files of the case, the Court
4 does hereby find good cause to order that the two above-captioned matters will be consolidated
5 for all purposes into one action. Following consolidation, the parties will propose mutually
6 agreeable, fair deadlines to answer the separate complaints, lodge the administrative record
7 (including any necessary briefing and argument as to the scope of that record), and brief and
8 argue dispositive motions.
9 DATED this ___th day of __________, 2019.
10
11 ____________________________________
United States District Judge
12
Presented by:
13
LAWRENCE VANDYKE ROBERT W. FERGUSON
14 Deputy Assistant Attorney General Attorney General of Washington
15 By: /s/ Brigman L. Harman By: /s/ Aurora Janke (with permission)
Brigman L. Harman William Sherman, WSBA #29365
16 United States Department of Justice Assistant Attorney General
Environment & Natural Resources Division Aurora Janke, WSBA #45862
17 Natural Resources Section Special Assistant Attorney General
150 M Street, NE Washington Attorney General’s Office
18 Washington, D.C. 20002 Counsel for Environmental Protection
Counsel of Record for the Federal 800 5th Ave Ste. 2000 TB-14
19 Defendants Seattle, Washington 98104-3188
Counsel of Record for the State of
20 Washington
21
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1 BRICKLIN & NEWMAN, LLP
2 By: /s/ Zachary K. Griefen (with

permission)
3 David A. Bricklin, WSBA No. 7583
Claudia M. Newman, WSBA No. 24928
4 Zachary K. Griefen, WSBA No. 48608
1424 Fourth Avenue, Suite 500
5 Seattle, WA 98101
Counsel of Record of COER and Paula
6 Spina
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1 CERTIFICATE OF SERVICE
2 I hereby certify that on September 5, 2019, I served a copy of the foregoing on counsel of
record electronically through the court’s CM/ECF system and via first-class mail on the
3
following:
4
Washington Attorney General’s Office
5 Counsel for Environmental Protection
Attn: William Sherman
6 800 5th Ave Ste. 2000 TB-14
Seattle, Washington 98104-3188
7
BRICKLIN & NEWMAN, LLP
8 Attn: David A. Bricklin
1424 Fourth Avenue, Suite 500
9 Seattle, WA 98101
10
By: /s/ Brigman L. Harman
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Case 2:19-cv-01059-BJR Document 13 Filed 09/05/19 Page 1 of 7

6 IN THE UNITED STATES DISTRICT COURT

25 STIPULATED MOTION TO CONSOLIDATE CASES -1- U.S. Department of Justice

8 efficiently and with less of a burden on the resources of this Court.

25 STIPULATED MOTION TO CONSOLIDATE CASES -2- U.S. Department of Justice

2 promote efficiency and conserve judicial resources.

5 consolidated for all purposes, up to and including trial.

6 Respectfully submitted this 5th day of September, 2019.

16 By: /s/ Aurora Janke (with permission)

25 STIPULATED MOTION TO CONSOLIDATE CASES -3- U.S. Department of Justice

1 BRICKLIN & NEWMAN, LLP

2 By: /s/ Zachary K. Griefen (with permission)

25 STIPULATED MOTION TO CONSOLIDATE CASES -4- U.S. Department of Justice

8 argue dispositive motions.

9 DATED this _th day of ________, 2019.

25 STIPULATED MOTION TO CONSOLIDATE CASES -5- U.S. Department of Justice

1 BRICKLIN & NEWMAN, LLP

2 By: /s/ Zachary K. Griefen (with

25 STIPULATED MOTION TO CONSOLIDATE CASES -6- U.S. Department of Justice

25 STIPULATED MOTION TO CONSOLIDATE CASES -7- U.S. Department of Justice

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