“It appears that there is a threshold issue in this case regarding the finality of the agency decision in this matter,” stated Kobayashi, after she denied “without prejudice” a motion filed by the Department of Defense to stay the case. The order was made on June 17, Hawaii time, or June 18, Guam time.
The lawsuit was filed against DOD earlier this year by the Guam Preservation Trust, which is opposing the firing range.
The federal court also ordered the defendants to file their motion to dismiss by no later than July 29. If the defendants are in need of more time, they may request for an extension via letter to the court and provide a copy to the plaintiffs’ attorneys.
The recent decision was based on a request filed last month by DOD to have a voluntary 90-day remand and stay in the case. The request was opposed by the plaintiffs’ attorneys, who, in a response filed last Tuesday, argued that public comment should first be allowed, and also to allow for time to file a response if the stay is approved.
“Given recent revelations about the Navy’s apparent predetermination of the firing range site selection, ensuring both the integrity of the process and its transparency are even more paramount,” stated the response filed by the plaintiffs in opposition to the stay.
Kobayashi indicated in her order over the weekend that if the plaintiffs oppose the defendants’ request for the extension, they may do so by filing a letter brief to the court and provide a copy to the defense.
The defendants’ letter brief is due by July 8, whereas the plaintiffs’ opposing letter brief is due by July 15.
