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 80 |
Filed: 10/7/2015, Entered: None |
Order on Motion to Alter Judgment |
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| 68 |
Filed: 3/4/2015, Entered: None |
Order on Motion to Extend Time |
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Request |
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| 78 |
Filed: 8/17/2015, Entered: None |
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ORDER: The Court appreciates and approves the parties' stipulation about attorney's fees, 77 . Plaintiffs' motion for attorney's fees and costs, 72 , is denied as moot. The Court directs the Clerk to amend the docket to reflect the current Administrator of the Farm Service Agency as Val Dolcini. Signed by Judge D. P. Marshall Jr. on 8/17/2015. (jak)
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| 63 |
Filed: 12/8/2014, Entered: None |
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AMENDED JUDGMENT: The Buffalo River Watershed Alliance, the Arkansas Canoe Club, the National Parks Conservation Association, and the Ozark Society are entitled to judgment that the Farm Service Agency and the Small Business Administration violated t he National Environmental Policy Act, and the Endangered Species Act in guaranteeing Farm Credit Services of Western Arkansas's loans to C&H Hog Farms, Inc. The Farm Service Agency and Small Business Administration are entitled to judgment on P laintiffs' claim that the Agencies violated the Buffalo National River Enabling Act. That claim is dismissed with prejudice. The Farm Service Agency is entitled to judgment on Plaintiffs' claim that it violated its own regulation by not con sulting the US National Park Service. All Plaintiffs' other claims are dismissed without prejudice. Plaintiffs are entitled to reasonable costs and may be entitled to a reasonable attorney's fee, as allowed by law. Bill of Costs and any fee motion due by 4 March 2015. The matter is remanded to the Farm Service Agency and the Small Business Administration. The Court retains jurisdiction. Signed by Judge D. P. Marshall Jr. on 12/8/2014. (jak)
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| 60 |
Filed: 12/2/2014, Entered: None |
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JUDGMENT: The Buffalo River Watershed Alliance, Arkansas Canoe Club, National Parks Conservation Association, and the Ozark Society are entitled to judgment against the Farm Service Agency and the Small Business Administration for violating the Natio nal Environmental Policy Act and the Endangered Species Act in guaranteeing Farm Credit Services of Western Arkansas's loans to C&H Hog Farms Inc. The Farm Service Agency and Small Business Administration are entitled to judgment on Plaintiffs 039; claims that the Agencies violated the Buffalo National River Enabling Act. That claim is dismissed with prejudice. The Farm Service Agency is entitled to judgment on Plaintiffs' claim that it violated its own regulation by not consulting th e US National Park Service. All Plaintiffs' other claims are dismissed without prejudice. Plaintiffs may submit a Bill of Costs and any fee motion by 19 December 2014. The matter is remanded to the Farm Service Agency and the Small Business Administration. The Court retains jurisdiction. Signed by Judge D. P. Marshall Jr. on 12/2/2014. (jak)
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Request |
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| 59 |
Filed: 12/2/2014, Entered: None |
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ORDER pursuant to Federal Rule of Civil Procedure 65(d) and for reasons stated at the end of the 16 October 2014 hearing and explained in the Court's resulting 58 Order, the Court enters this permanent injunction. The Farm Service Agency and S mall Business Administration are enjoined from making any payment on their loan guaranties to the Farm Credit Services of Western Arkansas on the loan to C&H Hog Farms, Inc., pending the Agencies' compliance wit the National Environmental Policy Act and the Endangered Species Act. The agencies shall comply with their obligations under both Acts, and all applicable regulations, by 2 December 2015. The Agencies shall consult with the U.S. Fish and Wildlife Service about C&H's potential e ffects on the endangered Gray Bat. Once the Agencies make a new decision under the NEPA, and comply with the Endangered Species Act, the Agencies shall modify or void the loan guaranties as they deem appropriate in light of their revised and supplemented NEPA and ESA analyses. Signed by Judge D. P. Marshall Jr. on 12/2/2014. (jak)
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| 58 |
Filed: 12/2/2014, Entered: None |
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ORDER granting in part and denying in part Plaintiffs' 33 Motion for Judgment. Defendants' Motion for Judgment, 37 , is granted in part and denied in part. The matter will be remanded to the Farm Service Agency and the Small Business Administration. Signed by Judge D. P. Marshall Jr. on 12/2/2014. (jak)
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Request |
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| 50 |
Filed: 10/16/2014, Entered: None |
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ORDER pursuant to General Order 54, the Court authorizes all attorneys of record and their staff to bring a cell phone, laptop computer, or personal digital assistant into the Richard Sheppard Arnold United States Courthouse in Little Rock on 16 October 2014 for a hearing in this case. Signed by Judge D. P. Marshall Jr. on 10/16/2014. (jak)
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Request |
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| 42 |
Filed: 5/6/2014, Entered: None |
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ORDER deeming 30 Motion for Judicial Notice as moot due to the parties' 40 Stipulation. The Court wonders whether the parties can stipulate about the attachments to the Chang affidavit. This would remove a lawyer-as-witness shadow. The Cour t also directs the Clerk to correct the docket: First, 41 is Defendants' response to Plaintiffs' Statement of Disputed Facts; Second, Maria Contreras-Sweet should be substituted for Defendant Jean Hulit. Signed by Judge D. P. Marshall Jr. on 5/6/2014. (jak)
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| 27 |
Filed: 2/13/2014, Entered: None |
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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIALITY. Signed by Judge D. P. Marshall Jr. on 2/13/2014. (jak)
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