Forest Conservation v. USFS

Federal Civil Lawsuit Arizona District Court, Case No. 3:03-cv-00054
District Judge Frederick J Martone, presiding
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District Judge Frederick J Martone
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Summary

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Parties
No Logo Forest Conservation Council, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Steven Sugarman +1 505 672 5082 stevensugarman@hotmail.com
v.
No Logo United States Forest Service, Defendant

Represented by United States Department of Justice

Name Phone Fax E-Mail
TERMINATED: 01/29/2004, LEAD ATTORNEY, ATTORNEY TO BE NOTICED John P Almeida +1 202 514 4624 +1 202 305 0506 john.almeida@usdoj.gov
TERMINATED: 04/21/2005, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Wells Daniels Burgess +1 202 305 0445 +1 202 514 8865 wells.burgess@usdoj.gov
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael A. Johns +1 602 514 7500 +1 602 514 7760 mike.johns@usdoj.gov
Other Parties
No Logo American Forest Resource Council, Intervenor-Defendant

Represented by Haglund Kelley Horngren Jones & Wilder LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Shay S. Scott +1 503 225 0777 +1 503 225 1257 sscott@hk-law.com

Represented by Navajo County Attorneys Office

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Melvin R Bowers +1 928 524 4026 +1 928 524 4244 mel.bowers@co.navajo.az.us
No Logo Apache, County of, Intervenor-Defendant

Represented by Haglund Kelley Horngren Jones & Wilder LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Shay S. Scott +1 503 225 0777 +1 503 225 1257 sscott@hk-law.com

Represented by Navajo County Attorneys Office

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Melvin R Bowers +1 928 524 4026 +1 928 524 4244 mel.bowers@co.navajo.az.us
No Logo Navajo, County of, Intervenor-Defendant

Represented by Haglund Kelley Horngren Jones & Wilder LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Shay S. Scott +1 503 225 0777 +1 503 225 1257 sscott@hk-law.com

Represented by Navajo County Attorneys Office

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Melvin R Bowers +1 928 524 4026 +1 928 524 4244 mel.bowers@co.navajo.az.us
No Logo Showlow Fire District, Intervenor-Defendant

Represented by Haglund Kelley Horngren Jones & Wilder LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Shay S. Scott +1 503 225 0777 +1 503 225 1257 sscott@hk-law.com

Represented by Navajo County Attorneys Office

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Melvin R Bowers +1 928 524 4026 +1 928 524 4244 mel.bowers@co.navajo.az.us
No Logo Winslow, City of, Intervenor-Defendant

Represented by Haglund Kelley Horngren Jones & Wilder LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Shay S. Scott +1 503 225 0777 +1 503 225 1257 sscott@hk-law.com

Represented by Navajo County Attorneys Office

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Melvin R Bowers +1 928 524 4026 +1 928 524 4244 mel.bowers@co.navajo.az.us
No Logo Coalition of Arizona & New Mexico Counties for Stable Economic Growth, Amicus Curiae

Represented by Budd-Falen Law Offices LLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Richard M. AuBuchon +1 307 632 5105 +1 307 637 3891 richaubuchon@buddfalen.com
No Logo Mountain States Legal Foundation, Amicus Curiae

Represented by Mountain States Legal Foundation

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jennifer L Soice +1 303 292 2021
Attributes
Citation Section 30 U.S.C. § 181
Nature of Suit 893 - Environmental Matters
Timeline
  Entries (107) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 107 Filed: 11/10/2005, Entered: None Court Filing
FINAL JUDGMENT in favor of Plaintiff against Defendants in the amount of $25,000.00 for attys' fees and costs. . Signed by Judge Frederick J Martone on 11/9/05. (MAP, ) (Entered: 11/10/2005)
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Legal Document (Payment Possibly Required) 106 Filed: 9/9/2005, Entered: None
Joint MOTION to Approve Consent Judgment under Equal Access of Justice Act by United States Forest Service. (Attachments: # 1 Exhibit Settlement Agreement)(West, Pamela) (Entered: 09/09/2005)
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Legal Document (Payment Possibly Required) 105 Filed: 8/31/2005, Entered: None Court Filing
ORDER denying 104 Dft's Motion to Stay Proceedings. IT IS FURTHER ORDERED that the Dft shall file a response to the motion for attorney's fees no later than 9/16/05. Pla shall file a reply no later than 9/26/05. No further extensions can be granted . Signed by Judge Frederick J Martone on 8/30/05. (LSP) (Entered: 08/31/2005)
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Legal Document (Payment Possibly Required) 104 Filed: 8/15/2005, Entered: None
MOTION to Stay Proceedings re Settlement until 9/2/05 by United States Forest Service. (MAP, ) (Entered: 08/15/2005)
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Legal Document (Payment Possibly Required) 103 Filed: 7/8/2005, Entered: None
JOINT MOTION for Stay of Proceedings re: Settlement, by Forest Conservation Council, United States Forest Service. (RDS) (Entered: 07/11/2005)
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Legal Document (Payment Possibly Required) 102 Filed: 7/9/2005, Entered: None Court Filing
ORDER granting 101 Defendants' Thirs Unopposed Motion to Extend Time to Respond to Plaintiffs' Application for Attorneys Fees and Costs pursuant to the Equal Access to Justice Act. Defendant is directed to file response on or before 7/8/05. Signed by Judge Frederick J. Martone on 7/6/05. (TLB, ) (Entered: 07/09/2005)
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Legal Document (Payment Possibly Required) 101 Filed: 6/3/2005, Entered: None
MOTION (3RD UNOPPOSED) to extend time to respond to Plas' Motio nfor Attys' Fees and Costs pursuant to Equal Access to Justice Act by dft USFS [101-1] (MAP) (Entered: 06/06/2005)
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Legal Document (Payment Possibly Required) 100 Filed: 5/20/2005, Entered: None
MOTION (2nd unopposed) to extend time to 06/03/05 for dft's response to plas' application for attorneys' fees and costs by dft USFS [100-1] (KCS) Modified on 05/23/2005 (Entered: 05/23/2005)
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Legal Document (Payment Possibly Required) 99 Filed: 4/21/2005, Entered: None
ATTORNEY SUBSTITUTION: terminating attorney Wells Burgess for USFS and substituting attorney Pamela S West, Michael A Johns (SRB) (Entered: 04/21/2005)
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Legal Document (Payment Possibly Required) 98 Filed: 4/21/2005, Entered: None
MOTION to extend time to respond to pla's motion for attorney's fees to and including 5/20/05 by dft USFS [98-1] (SRB) (Entered: 04/21/2005)
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Legal Document (Payment Possibly Required) 97 Filed: 4/5/2005, Entered: None
MEMORANDUM IN SUPPORT by pla of motion for attorney's fees and costs by pla Forest Conservation [96-1] [96-1] (DMT) (Entered: 04/05/2005)
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Legal Document (Payment Possibly Required) 96 Filed: 4/5/2005, Entered: None
MOTION for attorney's fees and costs by pla Forest Conservation [96-1] (DMT) (Entered: 04/05/2005)
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Legal Document (Payment Possibly Required) 95 Filed: 12/6/2004, Entered: None
CERTIFIED COPY of 9th Circuit Mandate affirming the decision of the District Court, re: 03-16511 (cc: all counsel/judge) (REW) (Entered: 12/06/2004)
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Legal Document (Payment Possibly Required) 94 Filed: 3/2/2004, Entered: None
CERTIFIED COPY of 9th Circuit Mandate/Order; joint motion for voluntary dismissal of cross-appeal 03-16705 granted; remaining briefing schedule in 03-16511 amended; re: 03-16511 (proceeding) [80-1], 03-16705 dismissed, [82-1] (cc: all counsel/judge) (REW) (Entered: 03/02/2004)
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Legal Document (Payment Possibly Required) 93 Filed: 1/30/2004, Entered: None
Notice of ERRATA (Correction) by dft USFS to attorney substitution [92-1], re: Wells Burgess' phone number (REW) (Entered: 02/03/2004)
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Legal Document (Payment Possibly Required) 92 Filed: 1/29/2004, Entered: None
Notice of ATTORNEY SUBSTITUTION: terminating attorney John Almeida for USFS and substituting attorney Wells Burgess (REW) (Entered: 02/03/2004)
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Legal Document (Payment Possibly Required) 91 Filed: 1/23/2004, Entered: None Court Filing
ORDER by Judge Frederick J. Martone; finding the imminent risk of fire as of 7/9/03 in the project areas did not play a major role in the contentions of the parties or in this court's decision; the critical imminent risk was the declining value of the dead trees, the removal of which (1) depended on their value, and (2) was vital to the elimination of a huge fuel load for the next fires, re: order from 9th circuit [83-1], re: appeal [82-1] (cc: all counsel/9CCA) (REW) (Entered: 01/23/2004)
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Legal Document (Payment Possibly Required) 90 Filed: 12/22/2003, Entered: None
MEMORANDUM addressing questions on remand from the Ninth Circuit by dft USFS (REW) (Entered: 01/02/2004)
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Legal Document (Payment Possibly Required) 89 Filed: 12/22/2003, Entered: None
MEMORANDUM BRIEF on the issue of whether an imminent fire risk exists in the project area by pla Forest Conservation (REW) (Entered: 01/02/2004)
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Legal Document (Payment Possibly Required) 88 Filed: 12/22/2003, Entered: None
EXHIBITS Re: supplemental brief [86-1] by intervenors-dfts Navajo County, Winslow, City of, Showlow Fire Dist, American Forest Reso, Apache, County of (REW) (Entered: 01/02/2004)
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Legal Document (Payment Possibly Required) 87 Filed: 12/22/2003, Entered: None
DECLARATION of James L Matson re supplemental brief [86-1] by intervenors-dfts Navajo County, Winslow, City of, Showlow Fire Dist, American Forest Reso, Apache, County of (REW) (Entered: 01/02/2004)
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Legal Document (Payment Possibly Required) 86 Filed: 12/22/2003, Entered: None
SUPPLEMENTAL BRIEF on injunciton and harm issues by intervenors-dfts Navajo County, Winslow, City of, Showlow Fire Dist, American Forest Reso, Apache, County of (REW) (Entered: 01/02/2004)
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Legal Document (Payment Possibly Required) 85 Filed: 12/19/2003, Entered: None Court Filing
ORDER by Judge Frederick J. Martone granting motion to extend time concerning briefing until 12/22/03 on remand from Ninth Circuit by all parties [84-1] (cc: all counsel) (REW) (Entered: 12/19/2003)
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Legal Document (Payment Possibly Required) 84 Filed: 12/17/2003, Entered: None, Terminated: 12/19/2003
JOINT MOTION to extend time concerning briefing on remand from Ninth Circuit by all parties [84-1] (REW) (Entered: 12/19/2003)
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Legal Document (Payment Possibly Required) 83 Filed: 10/9/2003, Entered: None
Certified Copy of 9th Circuit Order; upon review of the emergency motion for stay pending appeal, the court sua sponte remands these appeals to the district court for the limited purpose of determining whether there exists sufficient evidence in the record of imminent risk of fire in one or all of the areas in question; the emergency motion for stay pending appeal is denied without prejudice to renewal, if appropriate, after issuance of the district court's order on limited remand; briefing schedule established by the court's 9/15/03 order shall remain in effect, re: 03-16511, 03-16705 [82-1], [80-1] (cc: judge/all cnsl) (REW) (Entered: 10/09/2003)
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Legal Document (Payment Possibly Required) 82 Filed: 9/8/2003, Entered: None
NOTICE OF APPEAL by dft USFS from District Court judgment [71-1], order filed [70-2] (cc: 9CCA/All Counsel/judge) (former emp) (Entered: 09/08/2003)
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Legal Document (Payment Possibly Required) 81 Filed: 8/14/2003, Entered: None Court Filing
ORDER by Judge Frederick J. Martone granting motion for admission pro hac vice as to Karen Budd-Falen, atty for amicus Coalition of AZ & NM [69-1] (cc: all counsel) (REW) (Entered: 08/14/2003)
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Legal Document (Payment Possibly Required) 80 Filed: 8/11/2003, Entered: None
NOTICE OF APPEAL by pla Forest Conservation from District Court judgment [71-1], order filed [70-2] (cc: 9CCA/All Counsel/judge) (former emp) (Entered: 08/11/2003)
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Legal Document (Payment Possibly Required) 79 Filed: 7/30/2003, Entered: None
DECLARATION of Aaron Sulzer by intervenor-defendant Navajo County, intervenor-defendant Winslow, City of, intervenor-defendant Showlow Fire Dist, intervenor-defendant American Forest Reso, intervenor-defendant Apache, County of (DMT) (Entered: 07/31/2003)
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Legal Document (Payment Possibly Required) 78 Filed: 7/28/2003, Entered: None
EXHIBITS 1 by pla admitted Re: minute entry [48-1] on 5/2/03 hrg (DMT) (Entered: 07/29/2003)
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Legal Document (Payment Possibly Required) 77 Filed: 7/28/2003, Entered: None
MINUTE ORDER: Let the record reflect that plaintiff's exhibit 1, which was marked and admitted as part of the record at the hearing on May 2, 2003, shall be filed with the Clerk of the Court. Copies of Exhibit 1 are mailed to counsel under separate cover. (cc: all counsel) [77-1] re: order (minute) [77-1] (KCB) (Entered: 07/28/2003)
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Legal Document (Payment Possibly Required) 76 Filed: 7/25/2003, Entered: None Court Filing
ORDER by Judge Frederick J. Martone denying motion to stay pending appeal (pla intends to appeal the Court's decision in connection with the "roads and trails decision") by pla Forest Conservation [72-1] (cc: all counsel) (DMT) (Entered: 07/25/2003)
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Legal Document (Payment Possibly Required) 75 Filed: 7/18/2003, Entered: None
DECLARATION of Scott W Horngren with faced declaration of Aaron Sulzer re response to motion [74-1] by intervenor-defendant Navajo County, intervenor-defendant Winslow, City of, intervenor-defendant Showlow Fire Dist, intervenor-defendant American Forest Reso, intervenor-defendant Apache, County of (DMT) (Entered: 07/21/2003)
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Legal Document (Payment Possibly Required) 74 Filed: 7/18/2003, Entered: None
RESPONSE by intervenor-defendant Navajo County, intervenor-defendant Winslow, City of, intervenor-defendant Showlow Fire Dist, intervenor-defendant American Forest Reso, intervenor-defendant Apache, County of to motion to stay pending appeal (pla intends to appeal the Court's decision in connection with the "roads and trails decision") by pla Forest Conservation [72-1] (DMT) (Entered: 07/21/2003)
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Legal Document (Payment Possibly Required) 73 Filed: 7/16/2003, Entered: None
RESPONSE by dft USFS to motion to stay pending appeal (pla intends to appeal the Court's decision in connection with the "roads and trails decision" by pla Forest Conservation [72-1] (DMT) (Entered: 07/17/2003)
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Legal Document (Payment Possibly Required) 72 Filed: 7/14/2003, Entered: None, Terminated: 7/25/2003
MOTION to stay pending appeal (pla intends to appeal the Court's decision in connection with the "roads and trails decision") by pla Forest Conservation [72-1] (former emp) Modified on 07/21/2003 (Entered: 07/17/2003)
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Legal Document (Payment Possibly Required) 71 Filed: 7/9/2003, Entered: None, Terminated: 7/9/2003
FINAL JUDGMENT is entered Granting the Forest Service's motion for summary judgment with respect to its decision on the "Treatment of dead trees within or adjacent to administrative sites, roads, trails, developed recreation sites and concentrated use areas," and its decision on the "Treatment of dead trees along fences and utility lines." Further Ordered Granting Forest Conservation Council's motion for summary judgment on the Forest Service's decision on the "Treatment of dead trees in the wildland/urban interface". Court does not enjoin the Forest Service from implementing its decision with respect to the treatment of dead trees in the wildland/urban interface, but if the Forest Service chooses to go forward, it shall simultaneously prepare an environmental assessment, and, if necessary, an environmental impact statement no later than six months after the filing of this order dated July 9, 2003. Meanwhile, the Forest Service may proceed forthwith (cc: all counsel, jgm draw) re: judgment [71-1] (DMT) (Entered: 07/09/2003)
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Legal Document (Payment Possibly Required) 70 Filed: 7/9/2003, Entered: None Court Filing
ORDER by Judge Frederick J. Martone granting motion for summary judgment by dft [9-1], granting motion for preliminary injunction against dft by pla Forest Conservation [4-1] (NOW treated as a motion for sum jgm per order 25-1). Granting the Forest Service's motion for summary judgment with respect to its decision on the "Treatment of dead trees within or adjacent to administrative sites, roads, trails, developed recreation sites and concentrated use areas," and its decision on the "Treatment of dead trees along fences and utility lines." Administrative Record itesm 57 and 58. We Deny the remainder of it. Granting Forest Conservation Council's motion for summary judgment on the Forest Service's decision on the "Treatment of dead trees in the wildland/urban interface". Administrative Record 59) Denying the remainder of it. Court does not enjoin the Forest Service from implementing its decision with respect to the treatment of dead trees in the wildland/urban interface, but if the Forest Service chooses to go forward, it shall simultaneously prepare an environmental assessment, and, if necessary, an environmental impact statement no later than six months after the filing of this order dated July 9, 2003. Meanwhile, the Forest Service may proceed forthwith terminating case (cc: all counsel) (DMT) (Entered: 07/09/2003)
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Legal Document (Payment Possibly Required) 69 Filed: 7/7/2003, Entered: None, Terminated: 8/14/2003
MOTION for admission pro hac vice as to Karen Budd-Falen, atty for amicus Coalition of AZ & NM [69-1] (DMT) (Entered: 07/09/2003)
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Legal Document (Payment Possibly Required) 68 Filed: 6/5/2003, Entered: None
RESPONSE by pla to brief of amici curiae (non-appeal) [67-1], to brief (non-appeal) [66-1], to brief (non-appeal) [65-1], to brief (non-appeal) [64-1], to brief (non-appeal) [63-1], to brief (non-appeal) [62-1], to brief (non-appeal) [61-1], to brief (non-appeal) [57-1], to brief (non-appeal) [59-1], to brief (non-appeal) [55-1] (DMT) (Entered: 06/06/2003)
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Legal Document (Payment Possibly Required) 67 Filed: 5/22/2003, Entered: None
BRIEF amici curiae from Leann Arganbright per order filed 5/22/03 [60-1] (former emp) (Entered: 05/22/2003)
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Legal Document (Payment Possibly Required) 66 Filed: 5/22/2003, Entered: None
BRIEF amici curiae from Eva Hall filed per order dated 5/22/03 [60-1] (former emp) (Entered: 05/22/2003)
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Legal Document (Payment Possibly Required) 65 Filed: 5/22/2003, Entered: None
BRIEF amici curiae from Tom & Memory Burkitt filed per order dated 5/22/03 [60-1] (former emp) (Entered: 05/22/2003)
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Legal Document (Payment Possibly Required) 64 Filed: 5/22/2003, Entered: None
BRIEF amici curiae from Pirvie Majors filed per order dated 5/22/03 [60-1] (former emp) Modified on 05/22/2003 (Entered: 05/22/2003)
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Legal Document (Payment Possibly Required) 63 Filed: 5/22/2003, Entered: None
BRIEF amici curiae from K.B. Palmer filed per order dated 5/22/03 [60-1] (former emp) Modified on 05/22/2003 (Entered: 05/22/2003)
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Legal Document (Payment Possibly Required) 62 Filed: 5/22/2003, Entered: None
BRIEF amici curiae from Billie Peterson per order filed 5/22/03 [60-1] (former emp) Modified on 05/22/2003 (Entered: 05/22/2003)
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Legal Document (Payment Possibly Required) 61 Filed: 5/22/2003, Entered: None
BRIEF of amici curiae per order entered 5/22/03 [60-1] (former emp) Modified on 05/22/2003 (Entered: 05/22/2003)
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Legal Document (Payment Possibly Required) 60 Filed: 5/22/2003, Entered: None Court Filing
ORDER by Judge Frederick J. Martone: the Court has before it another series of letters from affected citizens in support of the position of the United States in this case; the court construes the letters as briefs of amici curiae and orders the Clerk to accept them for filing in this action; the Clerk shall also send copies to counsel of record in this case (cc: all counsel/w-copies) re: order filed [60-1] (former emp) (Entered: 05/22/2003)
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Legal Document (Payment Possibly Required) 59 Filed: 5/13/2003, Entered: None
POST HRG BRIEF FILED by intervenor-defendants (DMT) (Entered: 05/16/2003)
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Legal Document (Payment Possibly Required) 58 Filed: 5/13/2003, Entered: None
POST HRG MEMORANDUM IN SUPPORT by pla of motion for preliminary injunction against dft by pla Forest Conservation [4-1] and sum jgm (NOW treated as a motion for sum jgm per order 25-1) [4-1] (DMT) (Entered: 05/16/2003)
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Legal Document (Payment Possibly Required) 57 Filed: 5/16/2003, Entered: None
BRIEF FILED of amici curiae (letters from affected citizens) (DMT) (Entered: 05/16/2003)
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Legal Document (Payment Possibly Required) 56 Filed: 5/16/2003, Entered: None Court Filing
ORDER by Judge Frederick J. Martone that court has before it another series of letters from affected citizens in support of the position of the United States. Court construes the letters as briefs of amici curiae and orders the clerk to accept them for filing in this action. Clerk shall also send copies to counsel of record in this case (cc: all counsel with copies of all letters) re: order filed [56-1] (DMT) (Entered: 05/16/2003)
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Legal Document (Payment Possibly Required) 55 Filed: 5/13/2003, Entered: None
BRIEFS of amici curiae (letters from various citizens) FILED per order filed 5/13/03 [54-1]. (DMT) (Entered: 05/13/2003)
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Legal Document (Payment Possibly Required) 54 Filed: 5/13/2003, Entered: None Court Filing
ORDER by Judge Frederick J. Martone that court has received a series of letters from affected citizens in support of United States. Court construes the letters as briefs of amici curiae and orders the clerk to accept them for filing in this action. Clerk shall also send copies to counsel of record in this case(cc: all counsel with copies of all letters to counsel) re: order filed [54-1] (DMT) (Entered: 05/13/2003)
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Legal Document (Payment Possibly Required) 53 Filed: 5/12/2003, Entered: None
SUPPLEMENTAL memorandum as to the motions for sum jdg by dft USFS (DMT) (Entered: 05/13/2003)
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Legal Document (Payment Possibly Required) 52 Filed: 5/7/2003, Entered: None
JOINDER by pla Forest Conservation in amicus brief filed by Karen Budd-Falen (former emp) (Entered: 05/09/2003)
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Legal Document (Payment Possibly Required) 51 Filed: 5/6/2003, Entered: None Court Filing
TRANSCRIPT of cross motions for sum jgm before Judge Frederick J Martone by Court Reporter: Linda Schroeder-Willis for the following date(s): 5/2/03 (DMT) (Entered: 05/08/2003)
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Legal Document (Payment Possibly Required) 50 Filed: 5/5/2003, Entered: None
Transcript Designation and Ordering Form by dft USFS re 5/2/03 hrg (DMT) (Entered: 05/07/2003)
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Legal Document (Payment Possibly Required) 49 Filed: 5/5/2003, Entered: None
REPLY by pla to response [45-1], to memorandum [41-1] (to the motion to supplement the administrative record which we have no record of this motion) (DMT) (Entered: 05/07/2003)
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Legal Document (Payment Possibly Required) 48 Filed: 5/2/2003, Entered: None Court Filing
MINUTE ENTRY before Judge Frederick J. Martone. Crt Rptr: Linda Schroeder-Willis. Appearances: Steven Sugarman, John Talberth and Lisa Force for plaintiff; John Almeida for defendant USFS; Scott Horngren and Melvin Bowers for intervenors. Also present: county officials Pete Shumway and David Cummings. Motion hearing is held. Exhibit 1 is marked and admitted as part of the record. IT IS ORDERED taking under advisement the motion for summary judgment by dft [9-1] and the motion for preliminary injunction against dft by pla Forest Conservation [4-1] (NOW treated a motion for sum jgm per order 25-1). Counsel may file brief memoranda not to exceed 10 pages no later than May 12, 2003. [cc: FJM] [48-1] (KCB) (Entered: 05/07/2003)
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Legal Document (Payment Possibly Required) 47 Filed: 5/1/2003, Entered: None Court Filing
ORDER by Judge Frederick J. Martone granting motion for admission pro hac vice as to Richard M AuBuchon, atty for amicus Coalition of AZ & NM [34-1] (cc: all counsel) (DMT) (Entered: 05/01/2003)
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Legal Document (Payment Possibly Required) 46 Filed: 5/1/2003, Entered: None Court Filing
ORDER by Judge Frederick J. Martone granting motion for admission pro hac vice as to Jennifer L Soice, atty for amicus Mountain States Lega [36-1] (cc: all counsel) (DMT) (Entered: 05/01/2003)
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Legal Document (Payment Possibly Required) 45 Filed: 5/1/2003, Entered: None
RESPONSE by dft USFS to pla's motion to supplement the administrative record filed 4/24/03 (no record of this motion just the memorandum supplementing the record [41-1]) (DMT) (Entered: 05/01/2003)
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Legal Document (Payment Possibly Required) 44 Filed: 5/1/2003, Entered: None
BRIEF/MEMORANDUM IN SUPPORT by amicus Mountain States Lega of motion for summary judgment by dft [9-1] (DMT) (Entered: 05/01/2003)
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Legal Document (Payment Possibly Required) 43 Filed: 5/1/2003, Entered: None
BRIEF/MEMORANDUM IN SUPPORT by amicus Coalition of AZ & NM of motion for summary judgment by dft [9-1] (DMT) (Entered: 05/01/2003)
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Legal Document (Payment Possibly Required) 42 Filed: 5/1/2003, Entered: None Court Filing
ORDER by Judge Frederick J. Martone granting motion for leave to file an amicus curiae brief in support of the United States Forest Service by amicus Mountain States Lega [35-1] granting motion for leave to file amicus brief in support of dfts' motion for sum jgm by amicus-curiae Coalition of & NM [33-1] (lodged brief at docket clerk's desk), [0-0] lodged document vacated (c brief for filing. [cc: all cnsl} (DMT) (Entered: 05/01/2003)
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Legal Document (Payment Possibly Required) 41 Filed: 4/24/2003, Entered: None
MEMORANDUM of Supplemental Authority by pla (SAT) (Entered: 04/24/2003)
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Legal Document (Payment Possibly Required) 40 Filed: 4/22/2003, Entered: None
ANSWER to complaint referred [1-1] by dft USFS (FMP) (Entered: 04/24/2003)
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Legal Document (Payment Possibly Required) 39 Filed: 4/18/2003, Entered: None
RESPONSE by intervenor-defendants to consolidated brief/ memorandum [38-1] (DMT) (Entered: 04/18/2003)
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Legal Document (Payment Possibly Required) 38 Filed: 4/18/2003, Entered: None
CONSOLIDATED MEMORANDUM by pla Forest Conservation in support of pla's motion for motion for sum(no record of this motion) and in opposition to motion for summary judgment by dft [9-1] (DMT) (Entered: 04/18/2003)
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Legal Document (Payment Possibly Required) 37 Filed: 4/18/2003, Entered: None Court Filing
ORDER by Judge Frederick J. Martone granting motion to intervene as dfts by Navajo County, Apache County, Winslow, City of, Showlow Fire Dist, American Forest Reso [15-1], granting motion to exceed the page limit for doc(s) consolidated memorandum brief in support of pla's motion for sum jgm and in oppositon to dfts's motion for sum jgm by pla [29-1] (lodged brief at docket clerk's desk), vacating [0-0] lodged document (cc: all counsel) (DMT) (Entered: 04/18/2003)
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Legal Document (Payment Possibly Required) 36 Filed: 4/17/2003, Entered: None, Terminated: 5/1/2003
MOTION for admission pro hac vice as to Jennifer L Soice, atty for amicus Mountain States Lega [36-1] (DMT) (Entered: 04/18/2003)
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Legal Document (Payment Possibly Required) 35 Filed: 4/17/2003, Entered: None, Terminated: 5/1/2003
MOTION for leave to file an amicus curiae brief in support of the United States Forest Service by amicus Mountain States Lega [35-1] (LODGED amicus curiae brief at docket clerk's desk) (DMT) (Entered: 04/18/2003)
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Legal Document (Payment Possibly Required) 34 Filed: 4/11/2003, Entered: None, Terminated: 5/1/2003
MOTION for admission pro hac vice as to Richard M AuBuchon, atty for amicus Coalition of AZ & NM [34-1] (DMT) (Entered: 04/15/2003)
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Legal Document (Payment Possibly Required) 33 Filed: 4/11/2003, Entered: None
MOTION for leave to file amicus brief in support of dfts' motion for sum jgm by amicus-curiae Coalition of AZ & NM [33-1] (lodged brief at docket clerk's desk) (DMT) (Entered: 04/15/2003)
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Legal Document (Payment Possibly Required) 32 Filed: 4/11/2003, Entered: None
REPLY by dft USFS to response to motion for summary judgment by dft [9-1] (former emp) (Entered: 04/14/2003)
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Legal Document (Payment Possibly Required) 31 Filed: 4/7/2003, Entered: None
REPLY memorandum by intervenor-defendants in support of motion to intervene by Navajo County, Apache County, Winslow, City of, Showlow Fire Dist, American Forest Reso [15-1] (former emp) (Entered: 04/10/2003)
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Legal Document (Payment Possibly Required) 30 Filed: 4/7/2003, Entered: None
MINUTE ORDER: IT IS ORDERED setting hearing on the motion for summary judgment by dft [9-1] and motion for summary judgment (formerly motion for preliminary injunction against dft) by pla Forest Conservation [4-1] at 2:00 p.m. on May 2, 2003 before the Honorable Frederick J. Martone, Courtroom 501, Sandra Day O'Connor U.S. District Courthouse, Phoenix, Arizona. (cc: all counsel) [30-1] (KCB) (Entered: 04/07/2003)
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Legal Document (Payment Possibly Required) 29 Filed: 4/2/2003, Entered: None
UNOPPOSED MOTION to exceed the page limit for doc(s) consolidated memorandum brief in support of pla's motion for sum jgm and in oppositon to dfts's motion for sum jgm by pla [29-1] (lodged brief at docket clerk's desk) (DMT) (Entered: 04/04/2003)
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Legal Document (Payment Possibly Required) 28 Filed: 3/28/2003, Entered: None
NOTICE OF FILING DECLARATION of Pete Shumway re motion to intervene by Navajo County, Apache County, Winslow, City of, Showlow Fire Dist, American Forest Reso [15-1] by intervenor-defendants (DMT) (Entered: 03/31/2003)
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Legal Document (Payment Possibly Required) 27 Filed: 3/26/2003, Entered: None
RESPONSE brief by pla in partial opposition to motion to intervene by Navajo County, Apache County, Winslow, City of, Showlow Fire Dist, Forest Reso [15-1] (DMT) (Entered: 03/27/2003)
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Legal Document (Payment Possibly Required) 26 Filed: 3/24/2003, Entered: None
STIPULATION and proposed order concerning briefing of the merits of the case (this is the original of the faxed stipulation and proposed order that judge already signed filed [25-1] )by pla, dft (DMT) (Entered: 03/27/2003)
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Legal Document (Payment Possibly Required) 25 Filed: 3/24/2003, Entered: None Court Filing
STIPULATION of parties and ORDER by Judge Frederick J. Martone re: that the pending motion for preliminary injunction against dft by pla Forest Conservation [4-1] [4-1] shall be treated by the court as if it were a motion for sum jgm, pursuant to Federal Rule of Civil Procedure 65(a)(2), withdrawn motion to consolidate the hrg of pla's motion for preliminary injunction with hrg of this matter on the merits by dft [11-1]. If the court has not resolved the pending motions for sum jgm by the time that the USFS provides the contemplated 2 weeks notice, then the parties stipulate that FCC may seek this court's ruling on a motion for a temporary restraining order and/or a motion for preliminary injunction. If Court denies both parties' motions for sum jgm, then FCC may seek court's ruling on a motion for temporary restraining order and/or preliminary injunction. FCC has to 4/2/03 to file memorandum in reply and support of its motion for sum jgm and in opposition to dft's motion for sum jgm. Dft shall have to 4/11/03 to file its reply in support of its motion for sum jgm and pla to 4/17/03 to file final reply (cc: all counsel) (DMT) (Entered: 03/24/2003)
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Legal Document (Payment Possibly Required) 24 Filed: 3/21/2003, Entered: None
CONSOLIDATED MEMORANDUM by dft in support of motion for summary judgment by dft [9-1] and in opposition to motion for preliminary injunction against dft by pla Forest Conservation [4-1] (DMT) (Entered: 03/21/2003)
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Legal Document (Payment Possibly Required) 23 Filed: 3/21/2003, Entered: None Court Filing
ORDER by Judge Frederick J. Martone granting motion for leave to file overlength brief by dft [13-1] vacating [0-0] lodged document (cc: all counsel) (DMT) (Entered: 03/21/2003)
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Legal Document (Payment Possibly Required) 22 Filed: 3/19/2003, Entered: None Court Filing
ORDER by Judge Frederick J. Martone granting motion for admission pro hac vice as to Scott Horngren, atty for intervenor-defendants [19-1] (cc: all counsel) (DMT) (Entered: 03/19/2003)
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Legal Document (Payment Possibly Required) 21 Filed: 3/19/2003, Entered: None Court Filing
ORDER by Judge Frederick J. Martone granting motion for admission pro hac vice as to Shay S Scott, atty for intervenor-defendants [20-1] (cc: all counsel) (DMT) (Entered: 03/19/2003)
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Legal Document (Payment Possibly Required) 20 Filed: 3/12/2003, Entered: None, Terminated: 3/19/2003
MOTION for admission pro hac vice as to Shay S Scott, atty for intervenor-defendants [20-1] (DMT) (Entered: 03/13/2003)
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Legal Document (Payment Possibly Required) 19 Filed: 3/12/2003, Entered: None, Terminated: 3/19/2003
MOTION for admission pro hac vice as to Scott Horngren, atty for intervenor-defendants [19-1] (DMT) (Entered: 03/13/2003)
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Legal Document (Payment Possibly Required) 18 Filed: 3/11/2003, Entered: None
DECLARATION of Ben F Owens Sr re motion to intervene by Navajo County, Apache County, Winslow, City of, Showlow Fire Dist, American Forest Reso [15-1] [15-1] by intervenor-defendant Navajo County, intervenor-defendant Apache County, intervenor-defendant Winslow, City of, intervenor-defendant Showlow Fire Dist, intervenor-defendant American Forest Reso (DMT) (Entered: 03/13/2003)
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Legal Document (Payment Possibly Required) 17 Filed: 3/12/2003, Entered: None
DECLARATION of Melvin R Bowers Jr re motion to intervene by Navajo County, Apache County, Winslow, City of, Showlow Fire Dist, American Forest Reso [15-1] [15-1] by intervenor-defendant Navajo County, intervenor-defendant Apache County, intervenor-defendant Winslow, City of, intervenor-defendant Showlow Fire Dist, intervenor-defendant American Forest Reso (DMT) (Entered: 03/13/2003)
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Legal Document (Payment Possibly Required) 16 Filed: 3/12/2003, Entered: None
MEMORANDUM IN SUPPORT by intervenor-defendant Navajo County, intervenor-defendant Apache County, intervenor-defendant Winslow, City of, intervenor-defendant Showlow Fire Dist, intervenor-defendant American Forest Reso of motion to intervene by Navajo County, Apache County, Winslow, City of, Showlow Fire Dist, American Forest Reso [15-1] [15-1] (DMT) (Entered: 03/13/2003)
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Legal Document (Payment Possibly Required) 15 Filed: 3/12/2003, Entered: None, Terminated: 4/18/2003
MOTION to intervene by Navajo County, Apache County, Winslow, City of, Showlow Fire Dist, American Forest Reso [15-1] (DMT) (Entered: 03/13/2003)
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Legal Document (Payment Possibly Required) 14 Filed: 3/11/2003, Entered: None
MEMORANDUM IN SUPPORT by dft of motion for leave to file overlength brief by dft [13-1] (lodged consolidated memorandum/brief at docket clerk's desk) [13-1] (DMT) (Entered: 03/13/2003)
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Legal Document (Payment Possibly Required) 13 Filed: 3/11/2003, Entered: None, Terminated: 3/21/2003
MOTION (unopposed) for leave to file overlength brief by dft [13-1] (lodged consolidated memorandum/brief at docket clerk's desk) (DMT) (Entered: 03/13/2003)
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Legal Document (Payment Possibly Required) 12 Filed: 3/11/2003, Entered: None
MEMORANDUM IN SUPPORT by dft of motion to consolidate the hrg of pla's motion for preliminary injunction with hrg of this matter on the merits by dft [11-1] (DMT) (Entered: 03/13/2003)
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Legal Document (Payment Possibly Required) 11 Filed: 3/11/2003, Entered: None
MOTION to consolidate the hrg of pla's motion for preliminary injunction with hrg of this matter on the merits by dft [11-1] (DMT) (Entered: 03/13/2003)
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Legal Document (Payment Possibly Required) 10 Filed: 3/11/2003, Entered: None
STATEMENT OF FACTS by dft re motion for summary judgment by dft [9-1] (DMT) (Entered: 03/13/2003)
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Legal Document (Payment Possibly Required) 9 Filed: 3/11/2003, Entered: None, Terminated: 7/9/2003 Motion for Summary Judgment
MOTION for summary judgment by dft [9-1] (DMT) (Entered: 03/13/2003)
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Legal Document (Payment Possibly Required) 8 Filed: 3/10/2003, Entered: None
NOTICE by dft of filing/lodging of administrative record (5 volumes) (DMT) (Entered: 03/12/2003)
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Legal Document (Payment Possibly Required) 7 Filed: 2/25/2003, Entered: None
MEMORANDUM BRIEF IN SUPPORT by pla of motion for preliminary injunction against dft by pla Forest Conservation [4-1] (DMT) (Entered: 02/25/2003)
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Legal Document (Payment Possibly Required) 6 Filed: 2/25/2003, Entered: None Court Filing
ORDER by Judge Frederick J. Martone granting motion to exceed the page limit on their memorandum brief in support of motion for preliminary injunction by pla [5-1] (lodged brief at docket clerk's desk), vacating [0-0] lodged document (cc: all counsel) (DMT) (Entered: 02/25/2003)
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Legal Document (Payment Possibly Required) 5 Filed: 2/21/2003, Entered: None, Terminated: 2/25/2003
MOTION to exceed the page limit on their memorandum brief in support of motion for preliminary injunction by pla [5-1] (lodged brief at docket clerk's desk) (DMT) (Entered: 02/25/2003)
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Legal Document (Payment Possibly Required) 4 Filed: 2/21/2003, Entered: None
MOTION for preliminary injunction against dft by pla Forest Conservation [4-1] (NOW treated as a motion for sum jgm per order 25-1) (DMT) Modified on 03/24/2003 (Entered: 02/25/2003)
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Legal Document (Payment Possibly Required) 3 Filed: 1/27/2003, Entered: None Court Filing
ORDER by Judge Frederick J. Martone granting motion for admission pro hac vice as to Steven Sugarman, atty for pla [2-1] (cc: all counsel) (DMT) (Entered: 01/27/2003)
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Legal Document (Payment Possibly Required) 2 Filed: 1/13/2003, Entered: None, Terminated: 1/27/2003
MOTION for admission pro hac vice as to Steven Sugarman, atty for pla [2-1] (DMT) (Entered: 01/15/2003)
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Legal Document (Payment Possibly Required) 1 Filed: 1/10/2003, Entered: None
COMPLAINT filed. Considered for possible arbitration. (LSP) (Entered: 01/13/2003)
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