DANIEL G. BOGDEN
United States Attorney, District of Nevada
GREG ADDINGTON
Assistant United States Attorney
100 W. Liberty Street, Suite 600
Reno, NV 89501
(775) 784-5438
JOHN C. CRUDEN
Assistant Attorney General
DAVID L. NEGRI, Trial Attorney
U.S. Department of Justice
Environment and Natural Resources Div.
c/o U.S. Attorney’s Office
800 Park Blvd., # 600
Boise, Idaho 83712
(208) 334-1936
david.negri@usdoj.gov
Attorneys for the United States of America
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA
HUMBOLDT COUNTY, a political
subdivision of the State of Nevada; and
DELONG RANCHES, INC., a Nevada
Corporation,
) Case No. 3:12-cv-650-RCJ-WGC
)
)
) THIRD STIPULATION OF
) VOLUNTARY DISMISSAL
Plaintiffs,
)
)
vs.
)
)
UNITED STATES OF AMERICA;
)
SECRETARY OF THE UNITED STATES )
DEPARTMENT OF THE INTERIOR;
)
DIRECTOR OF THE BUREAU OF LAND )
MANAGEMENT; NEVADA STATE
)
DIRECTOR OF THE BUREAU OF LAND )
MANAGEMENT; and DISTRICT
)
MANAGER FOR THE WINNEMUCCA
)
DISTRICT OF THE BUREAU OF LAND
)
MANAGEMENT,
)
)
Defendants.
)
_____________________________________ )
Page 1 - THIRD STIPULATION OF VOLUNTARY DISMISSAL
Pursuant to Federal Rules of Civil Procedure 41(a) (1)(A)(ii), the Defendants United
States of America et al. (collectively, “United States”), and Plaintiffs Humboldt County
(“County”) and DeLong Ranches, Inc., through undersigned counsel, agree and stipulate to
dismissal with prejudice of the remaining causes of action in this case, as set forth below.
WHEREAS, the parties have engaged in settlement negotiations with the assistance of
Magistrate Judge McQuaid, having participated in seven separate settlement conference sessions
with Judge McQuaid on January 7-8, March 5-6, July 29-30, November 4-5, December 16, 2014,
February 10-11 and March 12, 2015; and
WHEREAS, the parties have previously made significant progress in resolving this
litigation, as reflected in the parties’ Stipulation for Partial Voluntary Dismissal, filed September
12, 2014 (ECF No. 52), and Second Stipulation for Partial Voluntary Dismissal, filed October
17, 2014 (ECF No. 53); and
WHEREAS, as to the Twenty-Eighth Cause of Action (as related to Upper Mary Sloan),
the DeLongs are filing an application with the BLM for motorized access to a private land
inholding as provided for under 43 CFR 6305.10 and the Black Rock Desert-High Rock Canyon
Emigrant Trails NCA Wilderness Management Plan dated December 2012; and
WHEREAS, as to the Twenty-Fourth Cause of Action (as related to Louse Creek
Diversion Road), DeLongs have asserted a R.S. 2339 ditch right-of-way that is addressed in
DeLong Ranches, Inc. v. United States, Case No. 3:12-cv-669;
WHEREAS, at the settlement conferences on February 10-11 and March 12, 2015, the
parties made further progress on reaching agreement concerning resolution of the remaining
causes of action still at issue in this case, thereby fully resolving this litigation.
Page 2 - THIRD STIPULATION OF VOLUNTARY DISMISSAL
NOW, THEREFORE, the Parties stipulate and agree that pursuant to Fed. R. Civ. Pro.
41(a)(1)(ii), the Fifth Cause of Action (Lower Mary Sloan Road), Ninth Cause of Action (South
Bliss Spring Road), Tenth Cause of Action (Alaska Canyon Road), Thirteenth Cause of Action
(White Point Springs Road), Fourteenth Cause of Action (Three Cs Well Road), Fifteenth Cause
of Action (Salt Water Well Road), Twenty-Fourth Cause of Action (Louse Creek Diversion
Road); and the remaining portion of the Twenty-Eighth Cause of Action (as related to Upper
Mary Sloan Creek) are hereby dismissed WITH PREJUDICE, with each party to bear its own
respective attorneys’ fees and costs as to these Causes. This dismissal fully resolves all
remaining claims.
Page 3 - THIRD STIPULATION OF VOLUNTARY DISMISSAL
Respectfully submitted, this _____ day of __________, 2015.
FOR DEFENDANT UNITED STATES OF
AMERICA:
FOR PLAINTIFF HUMOLDT COUNTY:
DANIEL G. BOGDEN
United States Attorney, District of Nevada
GREG ADDINGTON
Assistant United States Attorney
MICHAEL MACDONALD
Humboldt County District Attorney
____________________
Michael Macdonald, NSB No. 6046
JOHN C. CRUDEN
Assistant Attorney General
Environment and Natural Resources Division
DAVID L. NEGRI
Trial Attorney
U.S. Department of Justice
FOR PLAINTIFF DELONG RANCHES,
INC.:
SCHROEDER & LEZAMIZ LAW OFFICES,
LLP
___________
W. Alan Schroeder
SCHROEDER LAW OFFICES, P.C.
__________
Therese A. Ure, NSB No. 10255
Page 4 - THIRD STIPULATION OF VOLUNTARY DISMISSAL
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this _____ day of__________, 2015, the foregoing was
electronically filed with the Clerk of the Court and served using the CM/ECF system upon the
following parties/attorneys of record:
Michael Macdonald
Humboldt County District Attorney
501 South Bridge Street
P.O. Box 909
Winnemucca, NV 89446
hcda-michael@hcnv.us
Therese A. Ure
SCHROEDER LAW OFFICES, P.C.
440 Marsh Avenue
Reno, NV 89509
counsel@water-law.com
W. Alan Schroeder
Schroeder & Lezamiz Law Offices, LLP
447 West Myrtle Street; PO Box 267
Boise, Idaho 83701-0267
alan@schroederlezamiz.com
/s/ David L. Negri
David L. Negri
United States Department of Justice
Environment & Natural Resources Division
david.negri@usdoj.gov
Page 5 - THIRD STIPULATION OF VOLUNTARY DISMISSAL