In exchange for the Committee to Save the Derry Rail Trail Tunnel suspending its preliminary-injunction motion, the parties have agreed as follows:
- Until the Court enters judgement in this matter, Defendants will not perform construction in the immediate proximity of the M&L Railroad Historic District that would in any way foreclose or substantially hinder the Project’s eventual completion according to the 2020 Design.
- The parties agree to work diligently and in good faith to expeditiously complete the briefing of cross-motions for judgment in accordance with the schedule in the table below.
- Defendants will not later argue that the extent of completed construction on the Project tips the balance of equities against any injunction or other equitable relief, including the relief sought in Plaintiffs’ Complaint.
In addition, the parties have agreed to the following case schedule:
| Action | Date |
| Deadline for Defendants to provide the administrative record to the Plaintiffs and file it with the Court. | February 14, 2025. |
| Deadline to file cross-motions for judgment. | March 17, 2025, or 28 days after Defendants’ production of the administrative record, whichever is later. |
| Deadline to file oppositions to motions for judgment. | April 4, 2025, or, if the Court extends the March 17, 2025, deadline to file cross-motions for judgment, 21 days after filing of those motions. |
| Deadline to file a reply in support of motions for judgment. | April 18, 2025, or 14 days after the filing of oppositions, whichever is later. |
| Deadline to file a surreply in support of motions for judgment. | No surreplies permitted. |
| Hearing on the parties’ motions. | May 1, 2025, or at the Court’s earliest convenience. |