Sorry for the delayed response but I was out of town the past few days.  On Thursday, Judge Du directed the Clerk of Court to strike the "Crawforth declaration - Exhibit 32" from the injuction hearing docket set to be reviewed on Wednesday during the big hearing.  This is a win for LAC for sure. 

Judge Du did however allow exhibit 35 - The 5/3/21 NDEP letter to be used in the case.  I can't wait to see what happens on Wednesday.  The actual chamber notes from Judge Du's ruling on Thursday are listed below if you want additional info.  GO LAC!!

MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 7/15/2021. Before the Court are Defendants' motions to strike. (ECF Nos.35 ,36 .) The Court addresses the motions together because they contain the same arguments, and ask the Court to strike the same evidence. The Court grants the motions as to the Declaration of Terry Crawforth (ECF No. [32-1]) because Plaintiffs raised it for the first time in reply, and they did not persuasively explain why they did not include Mr. Crawforth's declaration with their preliminary injunction motion, though it appears they could have. See Fed. R. Civ. P. 6(c)(2) ("Any affidavit supporting a motion must be served with the motion."). The Clerk of Court is directed to strike Mr. Crawforth's declaration (ECF No. [32-1]) from the docket. However, the motions to strike are denied without prejudice as to the letter from Michelle Griffin of the Nevada Department of Environmental Protection dated May 3, 2021 (ECF No. [32-4] (the "NDEP Letter")) because Plaintiffs use it to counter an argument that the Federal Defendants specifically raised in their response brief, and it may fall within the 'bad faith' exception to the general rule that the Court may only consider evidence that is part of the administrative record. The Court grants Defendants leave to file a sur-reply by July 16, 2021 of no more than 5 pages that responds specifically to Plaintiffs' arguments based on the NDEP Letter. It is therefore ordered that the motions to strike (ECF Nos.35 ,36 ) are granted in part, and denied in part, as specified herein. It is further ordered that Defendants may file a sur-reply by July 16, 2021 of no more than 5 pages that responds specifically to Plaintiffs' arguments based on the NDEP Letter. (no image attached) (Copies have been distributed pursuant to the NEF - Houston, Thad)