Name: Alliance for the Wild Rockies et al v. Marten et al :: Montana District Court :: Federal Civil Lawsuit No. 9:16-cv-00035, Judge Judge Donald W. Molloy presiding
Creator: Montana District Court
Published: 2016-03-09
License: https://creativecommons.org/publicdomain/mark/1.0/
Keywords: court documents, legal case, docket, PACER, Montana District Court

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69	Filed: 1/27/2017, Entered: 1/27/2017
	ORDER granting 65 Motion to Dismiss. The parties' settlement agreement is ADOPTED and the matter is DISMISSED WITH PREJUDICE. All pending deadlines are VACATED and pending motions DENIED as MOOT. Signed by Judge Donald W. Molloy on 1/27/2017. (NOS)
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68	Filed: 1/27/2017, Entered: 1/27/2017
	SUPPLEMENT re 65 Joint MOTION to Dismiss Joint MOTION to Approve Settlement Agreement Joint MOTION Dissolve Injunction by Alliance for the Wild Rockies, Native Ecosystems Council. (Smith, Rebecca)
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67	Filed: 1/27/2017, Entered: 1/27/2017
	Consent to MOTION to Dissolve Injunction and to Dismiss Case filed by Jack Hirschy Livestock, Inc.. (Horrell, John)
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66	Filed: 1/26/2017, Entered: 1/26/2017
	ORDER that the parties supplement their motion to include a statement as to the position of Defendant Jack Hirschy Livestock, Inc. re 65 Joint MOTION to Dismiss Joint MOTION to Approve Settlement Agreement Joint MOTION Dissolve Injunction . Signed by Judge Donald W. Molloy on 1/26/2017. (APP)
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65	Filed: 1/26/2017, Entered: 1/26/2017
	Joint MOTION to Dismiss , Joint MOTION to Approve Settlement Agreement , Joint MOTION Dissolve Injunction Rebecca Kay Smith appearing for Plaintiffs Alliance for the Wild Rockies, Native Ecosystems Council (Attachments: # 1 Settlement Agreement, # 2 Text of Proposed Order) (Smith, Rebecca)
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64	Filed: 1/23/2017, Entered: 1/23/2017
	ORDER granting 63 Motion for Extension of Time to File Response/Reply re 43 MOTION for Summary Judgment, 59 Cross MOTION for Summary Judgment. Response/Reply due by 2/27/2017. Signed by Judge Donald W. Molloy on 1/23/2017. (NOS)
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63	Filed: 1/20/2017, Entered: 1/20/2017
	Unopposed MOTION for Extension of Time to File Response/Reply Rebecca Kay Smith appearing for Plaintiffs Alliance for the Wild Rockies, Native Ecosystems Council (Attachments: # 1 Text of Proposed Order) (Smith, Rebecca)
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62	Filed: 1/6/2017, Entered: 1/6/2017
	Statement of Undisputed Fact re: 59 Cross MOTION for Summary Judgment . (Pettinato, Jared)
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61	Filed: 1/6/2017, Entered: 1/6/2017
	Statement of Disputed Facts re: 45 Statement of Undisputed Fact, 43 MOTION for Summary Judgment . (Pettinato, Jared)
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60	Filed: 1/6/2017, Entered: 1/6/2017
	Brief/Memorandum in Support re 59 Cross MOTION for Summary Judgment and in Opposition to Plaintiffs' Motion for Summary Judgment filed by Leanne Marten, United States Forest Service. (Attachments: # 1 Exhibit A: Decision Memo Moosehorn Ditch Hazard Removal Project) (Pettinato, Jared)
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59	Filed: 1/6/2017, Entered: 1/6/2017
	Cross MOTION for Summary Judgment Jared S. Pettinato appearing for Defendants Leanne Marten, United States Forest Service (Pettinato, Jared)
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58	Filed: 1/6/2017, Entered: 1/6/2017
	Statement of Disputed Facts re: 45 Statement of Undisputed Fact, 57 Response to Motion, 44 Brief/Memorandum in Support, 43 MOTION for Summary Judgment filed by Jack Hirschy Livestock, Inc.. (Attachments: # 1 Exhibit Exhibit 1 - 11-23-16 Decision Memo re Moosehorn Ditch Hazard Removal Project) (Horrell, John)
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57	Filed: 1/6/2017, Entered: 1/6/2017
	RESPONSE to Motion re 43 MOTION for Summary Judgment filed by Jack Hirschy Livestock, Inc.. (Horrell, John)
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56	Filed: 1/5/2017, Entered: 1/5/2017
	ORDER denying 55 Motion for Extension of Time to File Cross-Motion for Summary Judgment. Signed by Judge Donald W. Molloy on 1/5/2017. (NOS)
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55	Filed: 1/4/2017, Entered: 1/4/2017
	Fourth MOTION for Extension of Time to File Cross-Motion for Summary Judgment Jared S. Pettinato appearing for Defendants Leanne Marten, United States Forest Service (Attachments: # 1 Text of Proposed Order) (Pettinato, Jared)
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54	Filed: 11/22/2016, Entered: 11/22/2016
	ORDER granting 53 Motion for Extension of Time to File. Signed by Judge Donald W. Molloy on 11/22/2016. (NOS, )
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53	Filed: 11/21/2016, Entered: 11/21/2016
	Unopposed MOTION for Extension of Time to File (Third) Jared S. Pettinato appearing for Defendants Leanne Marten, United States Forest Service (Attachments: # 1 Text of Proposed Order) (Pettinato, Jared)
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	Filed: 10/21/2016, Entered: 10/21/2016
	Set/Reset Deadlines: Defendants' Combined Cross Motions and Responses due by 11/23/2016. Plaintiffs' Combined Responses and Replies due by 12/14/2016. Defendants' Replies due by 12/28/2016. (DLE)


52	Filed: 10/21/2016, Entered: 10/21/2016
	ORDER granting 51 Motion for Extension of Time to File response and cross-motion for summary judgment. Signed by Judge Donald W. Molloy on 10/21/2016. (DLE)
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51	Filed: 10/20/2016, Entered: 10/20/2016
	Second MOTION for Extension of Time to File Cross-Motion for Summary Judgment Jared S. Pettinato appearing for Defendants Leanne Marten, United States Forest Service (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1: Letter from Wisdom & Wise River District Ranger Russell B. Riebe to Interested Party (Sept. 27, 2016)) (Pettinato, Jared)
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50	Filed: 10/3/2016, Entered: 10/3/2016
	ORDER re 19 MOTION to Supplement &/or Complete the Administrative Record, for Judicial Notice, and for Leave to Conduct Limited Discovery filed by Alliance for the Wild Rockies, Native Ecosystems Council, 49 Order on Motion to Supplement. Signed by Judge Donald W. Molloy on 10/3/2016. (DLE)
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49	Filed: 9/30/2016, Entered: 9/30/2016
	ORDER granting in part and denying in part 19 Motion. A written opinion outlining the Court's decision will follow. Signed by Judge Donald W. Molloy on 9/30/2016. (ASG, )
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48	Filed: 9/28/2016, Entered: 9/28/2016
	ORDER granting 46 Motion for Extension of Time to File; granting 47 Motion for Extension of Time to File. Signed by Judge Donald W. Molloy on 9/28/2016. (NOS, )
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47	Filed: 9/28/2016, Entered: 9/28/2016
	Unopposed MOTION for Extension of Time to File Response to Plaintiffs' Motion for Summary Judgment John B. Horrell appearing for Defendant Jack Hirschy Livestock, Inc. (Attachments: # 1 Exhibit Exhibit 1 - Proposed Order) (Horrell, John)
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46	Filed: 9/28/2016, Entered: 9/28/2016
	Unopposed MOTION for Extension of Time to File Federal Defendants' Cross-Motion for Summary Judgment, by Jared S. Pettinato appearing for Defendants Leanne Marten, United States Forest Service (Attachments: # 1 Text of Proposed Order) (Pettinato, Jared)
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45	Filed: 9/1/2016, Entered: 9/1/2016
	Statement of Undisputed Fact re: 43 MOTION for Summary Judgment by Alliance for the Wild Rockies, Native Ecosystems Council filed by Alliance for the Wild Rockies, Native Ecosystems Council. (Smith, Rebecca)
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44	Filed: 9/1/2016, Entered: 9/1/2016
	Brief/Memorandum in Support re 43 MOTION for Summary Judgment filed by Alliance for the Wild Rockies, Native Ecosystems Council. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17) (Smith, Rebecca)
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43	Filed: 9/1/2016, Entered: 9/1/2016
	MOTION for Summary Judgment Rebecca Kay Smith appearing for Plaintiffs Alliance for the Wild Rockies, Native Ecosystems Council (Smith, Rebecca)
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42	Filed: 8/29/2016, Entered: 8/29/2016
	Letter from Clerk of Court's Office to Attorney J. Blaine Anderson, Jr. regarding CM/ECF registration. (NOS, )
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41	Filed: 8/29/2016, Entered: 8/29/2016
	NOTICE of Appearance by John B. Horrell on behalf of Jack Hirschy Livestock, Inc. (Horrell, John)
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40	Filed: 8/25/2016, Entered: 8/25/2016
	ORDER granting 39 Motion to Dismiss Plaintiffs' Third Claim for Relief on Mootness Grounds. Signed by Judge Donald W. Molloy on 8/25/2016. (NOS, )
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39	Filed: 8/24/2016, Entered: 8/24/2016
	Unopposed MOTION to Dismiss Plaintiffs' Third Claim for Relief on Mootness Grounds Rebecca Kay Smith appearing for Plaintiffs Alliance for the Wild Rockies, Native Ecosystems Council (Attachments: # 1 Text of Proposed Order) (Smith, Rebecca)
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38	Filed: 8/19/2016, Entered: 8/19/2016
	REPLY to Response to Motion re 19 MOTION to Supplement &/or Complete the Administrative Record, for Judicial Notice, and for Leave to Conduct Limited Discovery filed by Alliance for the Wild Rockies, Native Ecosystems Council. (Smith, Rebecca)
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37	Filed: 8/5/2016, Entered: 8/5/2016
	RESPONSE to Motion re 19 MOTION to Supplement &/or Complete the Administrative Record, for Judicial Notice, and for Leave to Conduct Limited Discovery filed by Leanne Marten, United States Forest Service. (Attachments: # 1 Exhibit A: Fourth Decl. of Russel Riebe, # 2 Exhibit B: Center for Biological Diversity v. Salazar, No. 3:09-cv-8207-DGC, ECF No. 101 (D. Ariz. Aug. 9, 2010)) (Pettinato, Jared)
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36	Filed: 8/4/2016, Entered: 8/4/2016
	Proof of Service filed by Alliance for the Wild Rockies, Native Ecosystems Council. Service by Personal Service on July 29, 2016. (Smith, Rebecca)
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35	Filed: 8/1/2016, Entered: 8/1/2016
	ANSWER to 18 Amended Complaint by Leanne Marten, United States Forest Service. (Pettinato, Jared)
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34	Filed: 8/1/2016, Entered: 8/1/2016
	ORDER granting 31 Motion for Leave to File. Federal Defendants may refile their Answer as a separate docket entry on or before August 3, 2016. Signed by Judge Donald W. Molloy on 8/1/2016. (NOS, )
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33	Filed: 7/29/2016, Entered: 7/29/2016
	ORDER granting 32 Motion for Extension of Time to File Response re 19 MOTION to Supplement the Administrative Record. Responses due by 8/5/2016. Signed by Judge Donald W. Molloy on 7/29/2016. (ASG, )
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32	Filed: 7/28/2016, Entered: 7/28/2016
	Second MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Supplement &/or Complete the Administrative Record, for Judicial Notice, and for Leave to Conduct Limited Discovery, 24 Order on Motion for Extension of Time to File Response/Reply, (Unopposed) Jared S. Pettinato appearing for Defendants Leanne Marten, United States Forest Service (Attachments: # 1 Text of Proposed Order) (Pettinato, Jared)
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31	Filed: 7/28/2016, Entered: 7/28/2016
	Unopposed MOTION for Leave to File Out of Time Federal Defendants' Answer to Plaintiffs' Second Amended Complaint Jared S. Pettinato appearing for Defendants Leanne Marten, United States Forest Service (Attachments: # 1 Text of Proposed Order, # 2 Federal Defendants' Anser to Plaintiffs' Second Amended Complaint) (Pettinato, Jared)
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30	Filed: 7/28/2016, Entered: 7/28/2016
	ORDER: Jack Hirschy Livestock, Inc. is JOINED pursuant to Rule 19 as a defendant in this case. Alliance is required to serve the Amended Complaint 18 and a copy of this Order on Hirschy on or before August 5, 2016. Further Ordered that Alliance's motion for a preliminary injunction 16 is GRANTED. Further activity under the Timber Sale is stayed pending the outcome of this litigation. Signed by Judge Donald W. Molloy on 7/28/2016. (ASG, )
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29	Filed: 7/28/2016, Entered: 7/28/2016
	MINUTE ENTRY for proceeding held before Judge Donald W. Molloy: Motion Hearing held on 7/28/2016 re 16 MOTION for Preliminary Injunction filed by Alliance for the Wild Rockies, Native Ecosystems Council. Counsel Rebecca Smith appearing on behalf of the Plaintiffs. Counsel Jared Pettinato appearing on behalf of Defendants. Parties argue motion. Court will rule on motion by end of day with short order, longer analysis to follow. Hearing commenced at 11:06 a.m. and concluded at 12:05 p.m. (Court Reporter Mary Sullivan.) (Law Clerk: S. Stephens), (Hearing held in Missoula) (NOS, )


28	Filed: 7/27/2016, Entered: 7/27/2016
	NOTICE by Leanne Marten, United States Forest Service of Completion (Attachments: # 1 FWS Concurrence Letter) (Poirier, Kaitlyn)
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27	Filed: 7/27/2016, Entered: 7/27/2016
	NOTICE by Leanne Marten, United States Forest Service re 22 Response to Motion, of Corrected Errata in Their Opposition to Plaintiffs' Motion for a Preliminary Injunction (Attachments: # 1 Federal Defendants' Opposition to Plaintiffs' Motion for a Preliminary Injunction With Corrected Errata) (Pettinato, Jared)
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26	Filed: 7/19/2016, Entered: 7/19/2016
	ORDER Setting Hearing on Motion 16 MOTION for Preliminary Injunction : Motion Hearing set for 7/28/2016 at 11:00 AM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy. Signed by Judge Donald W. Molloy on 7/19/2016. (DLE) Mary Sullivan to report hearing. (NOS, ).
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25	Filed: 7/18/2016, Entered: 7/18/2016
	REPLY to Response to Motion re 16 MOTION for Preliminary Injunction filed by Alliance for the Wild Rockies, Native Ecosystems Council. (Attachments: # 1 Exhibit 17) (Smith, Rebecca)
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24	Filed: 7/11/2016, Entered: 7/11/2016
	ORDER granting 23 Motion for Extension of Time to File Response/Reply re 19 MOTION to Supplement &/or Complete the Administrative Record, for Judicial Notice, and for Leave to Conduct Limited Discovery. Responses due by 7/29/2016. Replies due by 8/12/2016. Motions ripe 7/29/2016. Signed by Judge Donald W. Molloy on 7/11/2016. (DLE)
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23	Filed: 7/7/2016, Entered: 7/7/2016
	Unopposed MOTION for Extension of Time to File Response/Reply as to 20 Brief/Memorandum in Support,, Jared S. Pettinato appearing for Defendants Leanne Marten, United States Forest Service (Attachments: # 1 Text of Proposed Order) (Pettinato, Jared)
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22	Filed: 7/6/2016, Entered: 7/6/2016
	RESPONSE to Motion re 16 MOTION for Preliminary Injunction filed by Leanne Marten, United States Forest Service. (Attachments: # 1 Exhibit 1: 43 U.S.C. § 661, # 2 Exhibit 2: 36 C.F.R. § 251.50, # 3 Exhibit 3: Declaration of Russel Riebe) (Pettinato, Jared)
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21	Filed: 7/6/2016, Entered: 7/6/2016
	NOTICE by Leanne Marten, United States Forest Service of Including the Forest Plan in the Forest Service's Administrative Record (Attachments: # 1 Exhibit 1: Third Declaration of Russell Riebe) (Pettinato, Jared)
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20	Filed: 7/1/2016, Entered: 7/1/2016
	Brief/Memorandum in Support re 19 MOTION to Supplement &/or Complete the Administrative Record, for Judicial Notice, and for Leave to Conduct Limited Discovery filed by Alliance for the Wild Rockies, Native Ecosystems Council. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17) (Smith, Rebecca)
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19	Filed: 7/1/2016, Entered: 7/1/2016
	MOTION to Supplement &/or Complete the Administrative Record, for Judicial Notice, and for Leave to Conduct Limited Discovery Rebecca Kay Smith appearing for Plaintiffs Alliance for the Wild Rockies, Native Ecosystems Council (Smith, Rebecca)
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18	Filed: 7/1/2016, Entered: 7/1/2016
	AMENDED COMPLAINT with consent under FRCP 15(a)(2) against All Defendants, filed by Native Ecosystems Council, Alliance for the Wild Rockies. (Smith, Rebecca)
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17	Filed: 6/22/2016, Entered: 6/22/2016
	Brief/Memorandum in Support re 16 MOTION for Preliminary Injunction filed by Alliance for the Wild Rockies, Native Ecosystems Council. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 DR JOHNSON DECLARATION) (Smith, Rebecca)
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16	Filed: 6/22/2016, Entered: 6/22/2016
	MOTION for Preliminary Injunction Rebecca Kay Smith appearing for Plaintiffs Alliance for the Wild Rockies, Native Ecosystems Council (Smith, Rebecca)
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15	Filed: 6/8/2016, Entered: 6/8/2016
	Case Management Order. Signed by Judge Donald W. Molloy on 6/8/2016. (NOS, )
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14	Filed: 5/31/2016, Entered: 5/31/2016
	JOINT CASE MANAGEMENT PLAN by Leanne Marten, United States Forest Service. (Poirier, Kaitlyn)
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13	Filed: 5/27/2016, Entered: 5/27/2016
	ANSWER to 4 Amended Complaint by Leanne Marten, United States Forest Service. (Poirier, Kaitlyn)
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12	Filed: 5/25/2016, Entered: 5/25/2016
	PRELIMINARY PRETRIAL STATEMENT by Leanne Marten, United States Forest Service. (Pettinato, Jared)
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11	Filed: 5/25/2016, Entered: 5/25/2016
	PRELIMINARY PRETRIAL STATEMENT by Alliance for the Wild Rockies, Native Ecosystems Council. (Smith, Rebecca)
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	Filed: 5/23/2016, Entered: 5/23/2016
	Remark: 2 copies of Administrative Record received and placed on shelf in clerk's office - Missoula. (NOS, )


10	Filed: 5/20/2016, Entered: 5/20/2016
	NOTICE by Leanne Marten, United States Forest Service of Lodging of the Forest Service's Administrative Record for the Moosehorn Ditch Sale (Attachments: # 1 Exhibit 1: Declaration of Russell Riebe, # 2 Exhibit 2: Index to the Forest Service's Administrative Record for the Moosehorn Ditch Sale) (Pettinato, Jared)
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9	Filed: 5/13/2016, Entered: 5/13/2016
	ORDER granting 8 Motion for Extension of Time to Answer re 4 Amended Complaint All Defendants. Defendants shall file their response to Plaintiffs' Amended Complaint on or before 05/27/2016. Signed by Judge Donald W. Molloy on 5/13/2016. (DLE)
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8	Filed: 5/12/2016, Entered: 5/12/2016
	Unopposed MOTION for Extension of Time to File Answer re 4 Amended Complaint Kaitlyn A. Poirier appearing for Defendants Leanne Marten, United States Forest Service (Attachments: # 1 Text of Proposed Order Proposed Order) (Poirier, Kaitlyn)
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7	Filed: 5/11/2016, Entered: 5/11/2016
	NOTICE of Appearance by Mark Steger Smith on behalf of All Defendants (Smith, Mark)
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6	Filed: 4/29/2016, Entered: 4/29/2016
	NOTICE of Appearance by Kaitlyn A. Poirier on behalf of All Defendants (Poirier, Kaitlyn)
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5	Filed: 4/24/2016, Entered: 4/24/2016
	NOTICE of Appearance by Jared S. Pettinato on behalf of Leanne Marten, United States Forest Service (Pettinato, Jared)
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4	Filed: 4/22/2016, Entered: 4/22/2016
	AMENDED COMPLAINT against All Defendants, filed by Native Ecosystems Council, Alliance for the Wild Rockies. (Smith, Rebecca)
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3	Filed: 3/11/2016, Entered: 3/11/2016
	Order: Preliminary Pretrial Statement due by 5/25/2016. Proposed Case Management Plan due by 6/9/2016. Signed by Judge Donald W. Molloy on 3/11/2016. (NOS, )
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2	Filed: 3/9/2016, Entered: 3/9/2016
	Summons Issued as to Leanne Marten, United States Forest Service, U.S. Attorney and U.S. Attorney General. Original mailed to Plaintiffs' counsel. (NOS, )
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	Filed: 3/9/2016, Entered: 3/9/2016
	Filing fee received: $400.00; receipt number 0977-1742435. (NOS, )


1	Filed: 3/9/2016, Entered: 3/9/2016
	COMPLAINT against Leanne Marten, United States Forest Service, filed by Native Ecosystems Council, Alliance for the Wild Rockies. (Attachments: # 1 Civil Cover Sheet) (NOS, )
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