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Case 2:19-cv-01062-JRC Document 5 Filed 07/11/19 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT


FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

CITIZENS OF THE EBEY’S


RESERVE FOR A HEALTHY, SAFE
AND PEACEFUL ENVIRONMENT; NO. 2:19-cv-01062-JRC
and PAULA SPINA,

Plaintiffs, NOTICE OF RELATED CASES


v.

UNITED STATES DEPARTMENT OF


THE NAVY, a military department of
the United States, an agency of the
United States; and TODD C. MELLON,
in his official capacity as Acting
Assistant Secretary of the Navy for
Energy, Installations & Environment,

Defendants.

NOTICE OF RELATED CASES

Pursuant to LCR 3(g), plaintiffs Citizens of the Ebey’s Reserve for a Healthy, Safe and

Peaceful Environment and Paula Spina notify the Court that they are aware of two related cases,

as noted on their civil cover sheet (ECF No. 1-1) in the above-captioned matter.

The first related case is Citizens of the Ebey's Reserve for a Healthy, Safe and Peaceful

Environment; Robert Wilbur; and Maryon Attwood v. United States Department of the Navy, Case

No. 2:19-cv-01041-MJP, to which Judge Marsha J. Pechman has been assigned as presiding judge.

The second related case is State of Washington v. United States Department of the Navy et al.,

Case No. 2:19-cv-01059-BJR, to which Judge Barbara J. Rothstein has been assigned as presiding

Bricklin & Newman, LLP


Attorneys at Law
1424 Fourth Avenue, Suite 500
Notice of Related Cases. - 1 Seattle WA 98101
Tel. (206) 264-8600
Fax. (206) 264-9300
Case 2:19-cv-01062-JRC Document 5 Filed 07/11/19 Page 2 of 3

judge. The above-caption case and the two related cases noticed here concern substantially the

same event: the Navy’s decision to significantly increase its military aircraft operations at a Naval

Air Station on Whidbey Island.

The above-captioned case and State of Washington v. United States Department of the Navy

et al., Case No. 2:19-cv-01059-BJR, are both challenges of the same final agency action: the

Navy’s Record of Decision for the Final Environmental Impact Statement (EIS) for EA-18G

“Growler” Airfield Operations at the Naval Air Station Whidbey Island complex.

Citizens of the Ebey's Reserve for a Healthy, Safe and Peaceful Environment; Robert

Wilbur; and Maryon Attwood v. United States Department of the Navy, Case No. 2:19-cv-01041-

MJP, is brought by the same nonprofit organization (COER) as the above-captioned case (and two

of COER’s directors) alleging under the Freedom of Information Act, 5 U.S.C. § 552, that the

Navy failed to make timely determinations and unlawfully withheld documents relating to the

Navy’s decision to significantly increase its military aircraft operations at a Naval Air Station on

Whidbey Island.

It appears to plaintiffs that there will, or may be, an unduly burdensome duplication of

labor and expense or the potential for conflicting results if these three cases are conducted before

different judges.

Dated this 11th day of July, 2019.

Bricklin & Newman, LLP


Attorneys at Law
1424 Fourth Avenue, Suite 500
Notice of Related Cases. - 2 Seattle WA 98101
Tel. (206) 264-8600
Fax. (206) 264-9300
Case 2:19-cv-01062-JRC Document 5 Filed 07/11/19 Page 3 of 3

Respectfully submitted,

CITIZENS OF THE EBEY’S RESERVE FOR A


HEALTHY, SAFE AND PEACEFUL
ENVIRONMENT; and PAULA SPINA,

By and through their attorneys,

BRICKLIN & NEWMAN, LLP

By: /s/ Zachary Griefen


David A. Bricklin, WSBA No. 7583
Claudia M. Newman, WSBA No. 24928
Zachary K. Griefen, WSBA No. 48608
1424 Fourth Avenue, Suite 500
Seattle, WA 98101
Telephone: 206-264-8600
Facsimile: 206-264-9300
E-mail: bricklin@bnd-law.com
E-mail: newman@bnd-law.com
E-mail: griefen@bnd-law.com
Attorneys for Plaintiffs

Bricklin & Newman, LLP


Attorneys at Law
1424 Fourth Avenue, Suite 500
Notice of Related Cases. - 3 Seattle WA 98101
Tel. (206) 264-8600
Fax. (206) 264-9300

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