ORDER of USCA as to (160 in 1:07-cv-00059-DWM, 161 in 9:07-cv-00039-DWM) Notice of Appeal, filed by Montana Snowmobile Association, Treasure State Alliance, Montana Trail Vehicle Riders Association, United Four-Wheel-Drive Associations, Blue Ribbon Coalition, INC. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (BAW, ) (Entered: 06/17/2011)
NOTICE by Rebecca Heath, Abigail Kimball, Tom Tidwell, Rebecca Heath, Kathleen McAllister, United States Forest Service of Interim Summer Management Plan (Attachments: # 1 Exhibit Order and Map) Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Thrower, Julie) (Entered: 05/21/2010)
USCA Scheduling Order as to (160 in 1:07-cv-00059-DWM, 161 in 9:07-cv-00039-DWM) Notice of Appeal, filed by Montana Snowmobile Association, Treasure State Alliance, Montana Trail Vehicle Riders Association, United Four-Wheel-Drive Associations, Blue Ribbon Coalition, INC.. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (BAW, ) (Entered: 12/10/2009)
USCA Scheduling Order as to (158 in 9:07-cv-00039-DWM, 157 in 1:07-cv-00059-DWM) Notice of Appeal, filed by Abigail Kimball, Kathleen McAllister, Rebecca Heath, Tom Tidwell, United States Forest Service. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (BAW, ) (Entered: 11/30/2009)
USCA Scheduling Order as to (157 in 9:07-cv-00039-DWM, 156 in 1:07-cv-00059-DWM) Notice of Appeal, filed by Gallatin Valley Snowmobile Association, Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (BAW, ) (Entered: 11/30/2009)
NOTICE OF APPEAL as to (150 in 1:07-cv-00059-DWM) Judgment, (154 in 1:07-cv-00059-DWM) Order on Motion to Amend/Correct, (149 in 1:07-cv-00059-DWM, 149 in 1:07-cv-00059-DWM) Order, Terminate Motions,,,,,,,,,, by Rebecca Heath, Abigail Kimball, Tom Tidwell, Rebecca Heath, Kathleen McAllister, United States Forest Service. Appeal Record due by 11/30/2009. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Thrower, Julie) (Entered: 11/30/2009)
NOTICE OF APPEAL as to (150 in 9:07-cv-00039-DWM, 150 in 9:07-cv-00039-DWM) Order, Terminate Motions,,,,,,,,,, (150 in 1:07-cv-00059-DWM) Judgment by Big Sky Snowriders, Citizens for Balanced Use, Gallatin Valley Snowmobile Association, Kenneth Zahn. Filing fee $ 455, receipt number 0977-651609. (Attachments: # 1 Supplement Civil Docketing Statement, # 2 Exhibit District Court Order) Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Swanson, Cory) (Entered: 11/25/2009)
NOTICE by Rebecca Heath, Abigail Kimball, Tom Tidwell, Rebecca Heath, Kathleen McAllister, United States Forest Service of Interim Winter Travel Management Plan (Attachments: # 1 Exhibit Special Order and Map) Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Thrower, Julie) (Entered: 11/25/2009)
ORDER granting in part and denying in part (152) Motion to Amend/Correct in case 9:07-cv-00039-DWM; granting in part and denying in part (151) Motion to Amend/Correct in case 1:07-cv-00059-DWM. It is GRANTED in that the Court clarifies that its ruling is limited to the Hyalite-Porcupine-Buffalo Horn Wilderness Study Area. In all other respects, the motion is DENIED. Signed by Judge Donald W. Molloy on 10/16/2009. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (slp) (Entered: 10/16/2009)
RESPONSE to Motion re 152 motion to amend (151 in 1:07-cv-00059-DWM, 152 in 9:07-cv-00039-DWM) MOTION to Amend/Correct (150 in 1:07-cv-00059-DWM) Judgment MOTION to Amend/Correct (150 in 1:07-cv-00059-DWM) Judgment filed by Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders, Gallatin Valley Snowmobile Association. (Attachments: # 1 Exhibit Ex. 1 Time Share News Article, # 2 Exhibit Ex. 2 Consensus Report) Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Swanson, Cory) Modified on 10/6/2009 to add linkage (BAW, ). (Entered: 10/05/2009)
RESPONSE to Motion re 152 motion to amend (151 in 1:07-cv-00059-DWM) MOTION to Amend/Correct (150 in 1:07-cv-00059-DWM) Judgment MOTION to Amend/Correct (150 in 1:07-cv-00059-DWM) Judgment filed by The Wilderness Society, Montana Wilderness Association, Greater Yellowstone Coalition. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Preso, Timothy) Modified on 10/5/2009 to add linkage (BAW, ). (Entered: 10/05/2009)
JUDGMENT entered in favor of Environmental Plaintiffs and against Intervenors, Multiple-use Plaintiffs and the Forest Service. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (BAW, ) (Entered: 09/29/2009)
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. No. 133): IT IS HEREBY ORDERED that Treasure State's Motion for Summary Judgment (Doc. No. 65) is DENIED; IT IS ORDERED that MWA's Motion for Summary Judgment (Doc. No. 66) is GRANTED; IT IS ORDERED that CBU's Motion for Summary Judgment (Doc. No. 67) is DENIED; IT IS ORDERED that the Forest Service's Cross Motion for Summary Judgment against Treasure State (Doc. No. 80) is GRANTED; IT IS ORDERED that the Forest Service's Cross Motion for Summary Judgment against MWA (Doc. No. 82) is DENIED; IT IS ORDERED that the Forest Service's Cross Motion for Summary Judgment against CBU (Doc. No. 93) is GRANTED. IT IS FURTHER ORDERED that the Forest Service is enjoined from the continued implementation of the Travel Plan, and this matter is remanded to the agency for further proceedings consistent with the Montana Wilderness Study Act. Such proceedings should begin with reference to the Montana Congressional delegation for action or advice as to the proper resolution of Congress' 1977 stated intention to resolve which part of the Study Area is wilderness and which is not. Signed by Judge Donald W. Molloy on 9/29/2009. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (slp) (Entered: 09/29/2009)
NOTICE by Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders, Gallatin Valley Snowmobile Association Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Swanson, Cory) (Entered: 07/22/2009)
ORDER denying (142) Motion for Leave to File; denying (144) Motion for Leave to File in case 9:07-cv-00039-DWM; denying (141) Motion for Leave to File; denying (143) Motion for Leave to File in case 1:07-cv-00059-DWM. Signed by Judge Donald W. Molloy on 11/17/2008. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (slp) (Entered: 11/17/2008)
REPLY to Response to Motion re (143 in 1:07-cv-00059-DWM, 144 in 9:07-cv-00039-DWM) MOTION for Leave to File Reply to Responses to Objections filed by Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders, Gallatin Valley Snowmobile Association. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Swanson, Cory) (Entered: 11/12/2008)
ORDER granting (141) Motion to Withdraw in case 9:07-cv-00039-DWM; granting (140) Motion to Withdraw in case 1:07-cv-00059-DWM. Signed by Judge Donald W. Molloy on 11/10/2008. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (slp) (Entered: 11/10/2008)
RESPONSE to Motion re (143 in 1:07-cv-00059-DWM) MOTION for Leave to File Reply to Opposing Parties' Responses to CBU Objection filed by Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Thrower, Julie) (Entered: 11/07/2008)
MOTION for Leave to File Reply to Responses Cory J. Swanson appearing for Plaintiffs Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders, Gallatin Valley Snowmobile Association, Citizens for Balanced Use, Gallatin Valley Snowmobile Association, Kenneth Zahn, Big Sky Snowriders Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Swanson, Cory) (Entered: 11/06/2008)
Reply to Objection to Findings and Recommendations re (132 in 1:07-cv-00059-DWM, 132 in 1:07-cv-00059-DWM) Findings and Recommendations,,,,,,,, Terminate Motions,,,,,,, filed by The Wilderness Society, Montana Wilderness Association, Greater Yellowstone Coalition. (Attachments: # 1 Exhibit 1) Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Harbine, Jenny) (Entered: 11/06/2008)
Unopposed MOTION for Leave to File Consolidated Response to Objections Jenny K. Harbine appearing for Plaintiffs The Wilderness Society, Montana Wilderness Association, Greater Yellowstone Coalition (Attachments: # 1 Text of Proposed Order) Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Harbine, Jenny) (Entered: 11/06/2008)
Unopposed MOTION to Withdraw Filed Exhibits to Objection Cory J. Swanson appearing for Plaintiffs Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders, Gallatin Valley Snowmobile Association, Citizens for Balanced Use, Gallatin Valley Snowmobile Association, Kenneth Zahn, Big Sky Snowriders (Attachments: # 1 Supplement Notice of Conventional Filing, # 2 Text of Proposed Order) Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Swanson, Cory) Modified on 1/9/2009 to reflect CD of map re: attachment 1 above thrown out per 146 Order (APP, ). (Entered: 11/03/2008)
Reply to Objection to Findings and Recommendations re (132 in 1:07-cv-00059-DWM, 132 in 1:07-cv-00059-DWM) Findings and Recommendations,,,,,,,, Terminate Motions,,,,,,, (Reply to Treasure State Alliance's Objections) filed by Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Thrower, Julie) (Entered: 10/30/2008)
Reply to Objection to Findings and Recommendations re (133 in 9:07-cv-00039-DWM, 133 in 9:07-cv-00039-DWM, 132 in 1:07-cv-00059-DWM, 132 in 1:07-cv-00059-DWM) Findings and Recommendations,,,,,,,, Terminate Motions,,,,,,, (Reply to Citizens for Balanced Use's Objections) filed by Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Thrower, Julie) (Entered: 10/30/2008)
Reply to Objection to Findings and Recommendations re (133 in 9:07-cv-00039-DWM, 133 in 9:07-cv-00039-DWM, 132 in 1:07-cv-00059-DWM, 132 in 1:07-cv-00059-DWM) Findings and Recommendations,,,,,,,, Terminate Motions,,,,,,, (Reply to Montana Wilderness Association's Objections) filed by Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Thrower, Julie) (Entered: 10/30/2008)
OBJECTION to (133 in 9:07-cv-00039-DWM, 133 in 9:07-cv-00039-DWM, 132 in 1:07-cv-00059-DWM, 132 in 1:07-cv-00059-DWM) Findings and Recommendations filed by Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders, Gallatin Valley Snowmobile Association. (Attachments: # 1 Exhibit 2 Kerry White Declaration SEALED) Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Swanson, Cory) Modified on 1/7/2009 to reflect sealing exhbt 2 per 146 Order (APP, ). (Entered: 10/20/2008)
OBJECTION to (133 in 9:07-cv-00039-DWM, 133 in 9:07-cv-00039-DWM, 132 in 1:07-cv-00059-DWM, 132 in 1:07-cv-00059-DWM) Findings and Recommendations of Magistrate Judge filed by Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball. (Attachments: # 1 Exhibit 1) Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Thrower, Julie) (Entered: 10/20/2008)
OBJECTION to (133 in 9:07-cv-00039-DWM, 133 in 9:07-cv-00039-DWM, 132 in 1:07-cv-00059-DWM, 132 in 1:07-cv-00059-DWM) Findings and Recommendations filed by Treasure State Alliance, Montana Trail Vehicle Riders Association, Montana Snowmobile Association, United Four-Wheel-Drive Associations, Blue Ribbon Coalition, INC.. (Attachments: # 1 Exhibit) Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Turcke, Paul) (Entered: 10/20/2008)
FINDINGS AND RECOMMENDATIONS re (80 in 9:07-cv-00039-DWM) Cross MOTION for Summary Judgment As Cross-Claims of Treasure State Alliance, et al. filed by Abigail Kimball, Kathleen McAllister, Rebecca Heath, Tom Tidwell, United States Forest Service, (65 in 9:07-cv-00039-DWM) MOTION for Summary Judgment filed by Montana Snowmobile Association, Treasure State Alliance, Montana Trail Vehicle Riders Association, United Four-Wheel-Drive Associations, Blue Ribbon Coalition, INC., (93 in 9:07-cv-00039-DWM) Cross MOTION for Summary Judgment As to Claims of Citizen's for Balanced Use, et al. filed by Abigail Kimball, Kathleen McAllister, Rebecca Heath, Tom Tidwell, United States Forest Service, (66 in 9:07-cv-00039-DWM) MOTION for Summary Judgment filed by Montana Wilderness Association, The Wilderness Society, Greater Yellowstone Coalition, (82 in 9:07-cv-00039-DWM) Cross MOTION for Summary Judgment As to Claims of Montana Wilderness Association, et al. filed by Abigail Kimball, Kathleen McAllister, Rebecca Heath, Tom Tidwell, United States Forest Service, (78 in 9:07-cv-00039-DWM) Joint MOTION for Summary Judgment filed by Gallatin Valley Snowmobile Association, Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders ( Objections to F&R due by 10/20/2008). ORDER GRANTING MOTION to Strike Plaintiffs CBU et al.'s Extra-Record Exhibits filed by Abigail Kimball, Kathleen McAllister, Rebecca Heath, Tom Tidwell, United States Forest Service (67 in 9:07-cv-00039-DWM). Motions terminated: (78 in 9:07-cv-00039-DWM) MOTION to Strike Plaintiffs CBU et al.'s Extra-Record Exhibits filed by Abigail Kimball, Kathleen McAllister, Rebecca Heath, Tom Tidwell, United States Forest Service.. Signed by Jeremiah C. Lynch on 9/30/2008. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (APP, ) (Entered: 09/30/2008)
Minute Entry for proceedings held before Jeremiah C. Lynch: Oral Argument Hearing (telephonic) held on 9/24/2008. Cory Swanson, Julie Thrower and Timothy Preso appeared, Andy Nelson present; Parties made their argument; Written decision to follow. (Court Reporter FTR Gold.) Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (APP, ) (Entered: 09/24/2008)
NOTICE by Treasure State Alliance, Montana Trail Vehicle Riders Association, Montana Snowmobile Association, United Four-Wheel-Drive Associations, Blue Ribbon Coalition, INC. of Waiver of Appearance at Argument Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Turcke, Paul) (Entered: 09/23/2008)
ORDER granting 129 Motion for Hearing. Signed by Jeremiah C. Lynch on 9/18/2008. (APP, ) THIS ENTRY IS BEING MADE AS THIS ORDER WAS FILED IN THE MEMBER CASE OF CV-07-59-BLG-DWM AND NOT SPREAD PROPERLY AND TO ALSO GIVE NOTICE TO ALL PARTIES. (Entered: 09/19/2008)
Unopposed MOTION for Hearing "Oral Argument on Cross-Motions for Summary Judgment" filed by Cory J. Swanson appearing for Plaintiff Citizens for Balanced Use et al (APP, ) THIS ENTRY IS BEING MADE AS THIS MOTION WAS FILED IN THE MEMBER CASE OF CV-07-59-BLG-DWM AND NOT SPREAD PROPERLY AND TO ALSO GIVE NOTICE TO ALL PARTIES. (Entered: 09/19/2008)
REPLY to Response to Motion re (66 in 1:07-cv-00059-DWM) MOTION for Summary Judgment filed by Defendant-Intervenor CBU filed by The Wilderness Society, Montana Wilderness Association, Greater Yellowstone Coalition. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Preso, Timothy) (Entered: 09/16/2008)
Minute Entry for proceedings held before Jeremiah C. Lynch: Oral Argument Hearing held on 9/11/2008. Timothy Preso/Jenny Harbine on behalf of Montana Wilderness Assoc et al; Julie Thrower for federal defenders; Paul Turcke/Robert Cameron for Treasure State Alliance et al; Cory Swanson for Citizens for Balanced Use et al; Each party argued and gave summation; Written decision to follow. (Court Reporter FTR Gold.) Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (APP, ) (Entered: 09/11/2008)
RESPONSE to Motion re (66 in 9:07-cv-00039-DWM, 66 in 1:07-cv-00059-DWM) MOTION for Summary Judgment filed by Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders, Gallatin Valley Snowmobile Association. (Attachments: # 1 Exhibit House Report) Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Swanson, Cory) (Entered: 09/09/2008)
ORDER granting (113) Motion to Intervene on a permissive basis; adopting Findings and Recommendations re (118) Findings and Recommendations in case 9:07-cv-00039-DWM. Signed by Judge Donald W. Molloy on 9/9/2008. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (slp) (Entered: 09/09/2008)
REPLY to Response to Motion re (82 in 1:07-cv-00059-DWM, 82 in 9:07-cv-00039-DWM) MOTION for Summary Judgment, 109 REPLY MEMORANDUM IN SUPPORT OF MONTANA WILDERNESS ASSOCIATION, ET AL.S MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO FEDERAL DEFENDANTS CROSS-MOTION FOR SUMMARY JUDGMENT filed by Kathleen McAllister, Rebecca Heath, United States Forest Service. (Attachments: # 1 Exhibit 1) Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (APP, ) (Entered: 07/15/2008)
REPLY to Response to Motion re (93 in 1:07-cv-00059-DWM, 93 in 9:07-cv-00039-DWM) MOTION for Summary Judgment, 108 CBU, ET ALS REPLY MEMORANDUM IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT filed by Kathleen McAllister, Rebecca Heath, United States Forest Service. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (APP, ) (Entered: 07/15/2008)
REPLY to Response to Motion re (80 in 9:07-cv-00039-DWM, 80 in 1:07-cv-00059-DWM) Cross MOTION for Summary Judgment As Cross-Claims of Treasure State Alliance, et al. 106 REPLY MEMORANDUM IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT BY TREASURE STATE ALLIANCE et al. filed by Kathleen McAllister, Rebecca Heath, United States Forest Service. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (APP, ) (Entered: 07/15/2008)
OBJECTION to (118 in 9:07-cv-00039-DWM, 117 in 1:07-cv-00059-DWM) Findings and Recommendations filed by The Wilderness Society, Montana Wilderness Association, Greater Yellowstone Coalition. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Harbine, Jenny) (Entered: 07/09/2008)
TEXT ORDER granting (119) Motion to Continue in case 9:07-cv-00039-DWM. Oral argument on the parties' summary judgment motions is reset for September 11, 2008, at 9:00 a.m. at the Russell Smith Courthouse, Missoula, Montana.. Signed by Jeremiah C. Lynch on 7/9/2008. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (TXB, ) (Entered: 07/09/2008)
Unopposed MOTION to Continue Oral Argument Cory J. Swanson appearing for Plaintiffs Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders, Gallatin Valley Snowmobile Association, Citizens for Balanced Use, Gallatin Valley Snowmobile Association, Kenneth Zahn, Big Sky Snowriders (Attachments: # 1 Text of Proposed Order) Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Swanson, Cory) (Entered: 07/07/2008)
FINDINGS AND RECOMMENDATIONS re (112 in 1:07-cv-00059-DWM, 113 in 9:07-cv-00039-DWM) MOTION to Intervene filed by Gallatin Valley Snowmobile Association, Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders Objections to F&R due by 7/10/2008. Signed by Jeremiah C. Lynch on 6/30/2008. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (TXB, ) (Entered: 06/30/2008)
Order Setting: Oral Argument set for 8/14/2008 09:00 AM in Missoula, MT before Jeremiah C. Lynch.. Signed by Jeremiah C. Lynch on 6/30/2008. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (TXB, ) (Entered: 06/30/2008)
TEXT ORDER REFERRING MOTION: (112 in 1:07-cv-00059-DWM, 113 in 9:07-cv-00039-DWM) MOTION to Intervene filed by Gallatin Valley Snowmobile Association, Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders Motions referred to Jeremiah C. Lynch. Signed by Judge Donald W. Molloy on 6/27/2008. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (slp) (Entered: 06/27/2008)
REPLY to Response to Motion re (112 in 1:07-cv-00059-DWM, 113 in 9:07-cv-00039-DWM) MOTION to Intervene Or File Amicus Brief filed by Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders, Gallatin Valley Snowmobile Association. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Swanson, Cory) (Entered: 06/24/2008)
INCORRECT - MOTION for Leave to File Motion Beyond Court's Deadline Cory J. Swanson appearing for Plaintiffs Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders, Gallatin Valley Snowmobile Association (Attachments: # 1 Exhibit 1 Annual Training 2008 Orders) (Swanson, Cory) Modified on 6/19/2008 to reflect pleading sealed (APP, ). (Entered: 06/18/2008)
ORDER granting (95) Motion to Strike in case 9:07-cv-00039-DWM; granting (95) Motion to Strike in case 1:07-cv-00059-DWM. Signed by Jeremiah C. Lynch on 5/29/2008. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (TXB, ) (Entered: 05/29/2008)
REPLY to Response to Motion re (82 in 1:07-cv-00059-DWM, 82 in 9:07-cv-00039-DWM) MOTION for Summary Judgment, (66 in 9:07-cv-00039-DWM, 66 in 1:07-cv-00059-DWM) MOTION for Summary Judgment, RESPONSE to Motion Federal Defendants' Cross-Motion for Summary Judgment filed by The Wilderness Society, Montana Wilderness Association, Greater Yellowstone Coalition. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Preso, Timothy) (Entered: 05/27/2008)
REPLY to Response to Motion re (93 in 1:07-cv-00059-DWM, 93 in 9:07-cv-00039-DWM) MOTION for Summary Judgment, (67 in 1:07-cv-00059-DWM, 67 in 9:07-cv-00039-DWM) MOTION for Summary Judgment filed by Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders, Gallatin Valley Snowmobile Association. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Swanson, Cory) (Entered: 05/27/2008)
REPLY to Response to Motion re (80 in 9:07-cv-00039-DWM, 80 in 1:07-cv-00059-DWM) Cross MOTION for Summary Judgment As Cross-Claims of Treasure State Alliance, et al., (65 in 9:07-cv-00039-DWM) MOTION for Summary Judgment filed by Treasure State Alliance, Montana Trail Vehicle Riders Association, Montana Snowmobile Association, United Four-Wheel-Drive Associations, Blue Ribbon Coalition, INC.. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Turcke, Paul) (Entered: 05/27/2008)
NOTICE of Appearance by Julie Sharon Thrower on behalf of Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Thrower, Julie) (Entered: 05/22/2008)
ORDER in case 9:07-cv-00039-DWM; granting (101) Motion for Extension of Time to File Response/Reply re (80 in 1:07-cv-00059-DWM), MOTION for Summary Judgment, (66 in 1:07-cv-00059-DWM) MOTION for Summary Judgment, (93 in 1:07-cv-00059-DWM) MOTION for Summary Judgment, (67 in 1:07-cv-00059-DWM) MOTION for Summary Judgment, (82 in 1:07-cv-00059-DWM) MOTION for Summary Judgment ( Responses due by 5/27/2008., Replies due by 7/14/2008. Motions ripe 7/14/2008.) in case 1:07-cv-00059-DWM. Signed by Jeremiah C. Lynch on 5/12/2008. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (APP, ) (Entered: 05/12/2008)
TEXT ORDER REFERRING MOTION: (101 in 1:07-cv-00059-DWM) MOTION for Extension of Time to File Response/Reply filed by Abigail Kimball, Kathleen McAllister, Rebecca Heath, Tom Tidwell, United States Forest Service. Signed by Judge Donald W. Molloy on 5/9/2008. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (slp) (Entered: 05/09/2008)
NOTICE of Substitution of Counsel by Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Zia, Thomas) (Entered: 05/08/2008)
Unopposed MOTION for Extension of Time to File Response/Reply Summary Judgment Briefs Thomas Said-Thomas Zia appearing for Defendants Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball, Cross Defendants Kathleen McAllister, Rebecca Heath, United States Forest Service (Attachments: # 1 Text of Proposed Order) Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Zia, Thomas) (Entered: 05/08/2008)
REPLY to Response to Motion re (78 in 1:07-cv-00059-DWM, 78 in 9:07-cv-00039-DWM) MOTION to Strike CBU's Extra-Record Exhibits filed by Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM (Zia, Thomas) (Entered: 04/21/2008)
REPLY to Response to Motion re (95 in 1:07-cv-00059-DWM) MOTION to Strike filed by The Wilderness Society, Montana Wilderness Association, Greater Yellowstone Coalition. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Preso, Timothy) (Entered: 04/17/2008)
RESPONSE to Motion re (95 in 9:07-cv-00039-DWM, 95 in 1:07-cv-00059-DWM) MOTION to Strike (73 in 9:07-cv-00039-DWM, 73 in 1:07-cv-00059-DWM) Response to Motion, MOTION to Strike (73 in 9:07-cv-00039-DWM, 73 in 1:07-cv-00059-DWM) Response to Motion, filed by Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders, Gallatin Valley Snowmobile Association. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Swanson, Cory) (Entered: 04/14/2008)
TEXT ORDER REFERRING MOTION: 95 MOTION to Strike (73 in 9:07-cv-00039-DWM, 73 in 1:07-cv-00059-DWM) Response to Motion, MOTION to Strike (73 in 9:07-cv-00039-DWM, 73 in 1:07-cv-00059-DWM) Response to Motion, filed by Montana Wilderness Association, The Wilderness Society, Greater Yellowstone Coalition, 80 Cross MOTION for Summary Judgment As Cross-Claims of Treasure State Alliance, et al. filed by Abigail Kimball, Kathleen McAllister, Rebecca Heath, Tom Tidwell, United States Forest Service, 65 MOTION for Summary Judgment filed by Montana Snowmobile Association, Treasure State Alliance, Montana Trail Vehicle Riders Association, United Four-Wheel-Drive Associations, Blue Ribbon Coalition, INC., 93 Cross MOTION for Summary Judgment As to Claims of Citizen's for Balanced Use, et al. filed by Abigail Kimball, Kathleen McAllister, Rebecca Heath, Tom Tidwell, United States Forest Service, 66 MOTION for Summary Judgment filed by Montana Wilderness Association, The Wilderness Society, Greater Yellowstone Coalition, 82 Cross MOTION for Summary Judgment As to Claims of Montana Wilderness Association, et al. filed by Abigail Kimball, Kathleen McAllister, Rebecca Heath, Tom Tidwell, United States Forest Service, 78 MOTION to Strike Plaintiffs CBU et al.'s Extra-Record Exhibits filed by Abigail Kimball, Kathleen McAllister, Rebecca Heath, Tom Tidwell, United States Forest Service, 67 Joint MOTION for Summary Judgment filed by Gallatin Valley Snowmobile Association, Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders. Signed by Judge Donald W. Molloy on 4/4/2008. Motions referred to Jeremiah C. Lynch.(slp) (Entered: 04/04/2008)
MOTION to Strike (73 in 9:07-cv-00039-DWM, 73 in 1:07-cv-00059-DWM) Response to Motion, by The Wilderness Society, Montana Wilderness Association, Greater Yellowstone Coalition.Responses due by 4/15/2008. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Preso, Timothy) (Entered: 04/01/2008)
Statement of Genuine Issues re: (85 in 1:07-cv-00059-DWM) Response to Motion, filed by Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Zia, Thomas) (Entered: 03/28/2008)
Cross MOTION for Summary Judgment As to Claims of Citizen's for Balanced Use, et al. by Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Zia, Thomas) (Entered: 03/28/2008)
Statement of Genuine Issues re: (91 in 1:07-cv-00059-DWM) Response to Motion, filed by Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Zia, Thomas) (Entered: 03/28/2008)
RESPONSE to Motion re (65 in 9:07-cv-00039-DWM) MOTION for Summary Judgment Brought by Treasure State Alliance, et al. filed by Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Zia, Thomas) (Entered: 03/28/2008)
Statement of Genuine Issues re: (89 in 1:07-cv-00059-DWM) Response to Motion, filed by Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Zia, Thomas) (Entered: 03/28/2008)
RESPONSE to Motion re (67 in 1:07-cv-00059-DWM) MOTION for Summary Judgment Brought by Citizens for Better Use, et al. filed by Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Zia, Thomas) (Entered: 03/28/2008)
Statement of Undisputed Fact re: (86 in 1:07-cv-00059-DWM) MOTION for Summary Judgment, (87 in 1:07-cv-00059-DWM) Brief/Memorandum in Support, by Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball filed by Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball. (Attachments: # 1 Exhibit CEQ Guidance on Cumulative Impacts)Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Zia, Thomas) (Entered: 03/28/2008)
Brief/Memorandum in Support re (86 in 1:07-cv-00059-DWM) MOTION for Summary Judgment As To Claims of Citizens for Better Use, et al. filed by Rebecca Heath, United States Forest Service, Paige L. Mackey, Rebecca Heath, Tom Tidwell, Abigail Kimball. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Zia, Thomas) (Entered: 03/28/2008)
Document deleted counsel refiled as document 93 Cross MOTION for Summary Judgment As To Claim of Citizens for Better Use, et al. by Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Zia, Thomas) Modified on 3/31/2008 (CAD, )to indicate that counsel called and said he refiled document86 (incoorect PDF attahced and it is now 93. Modified on 3/31/2008 (CAD, ). Modified on 3/31/2008 (CAD, )to correct typo. (Entered: 03/28/2008)
RESPONSE to Motion re (66 in 1:07-cv-00059-DWM) MOTION for Summary Judgment Brought by Montana Wilderness Association, et al. filed by Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Zia, Thomas) (Entered: 03/28/2008)
Statement of Undisputed Fact re: (82 in 1:07-cv-00059-DWM) MOTION for Summary Judgment, (83 in 1:07-cv-00059-DWM) Brief/Memorandum in Support, by Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball filed by Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball. (Attachments: # 1 Exhibit CEQ Guidance Memo)Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Zia, Thomas) (Entered: 03/28/2008)
Brief/Memorandum in Support re (82 in 1:07-cv-00059-DWM) MOTION for Summary Judgment As to Claims of Montana Wilderness Association et al. filed by Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Zia, Thomas) (Entered: 03/28/2008)
Cross MOTION for Summary Judgment As to Claims of Montana Wilderness Association, et al. by Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Zia, Thomas) (Entered: 03/28/2008)
Brief/Memorandum in Support re (80 in 1:07-cv-00059-DWM) MOTION for Summary Judgment As To Cross Claims of Treasure State Alliance, et al. filed by Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball. (Attachments: # 1 Federal Defendants' Statement of Uncontroverted Facts# 2 Exhibit CEQ Guidance Regarding Cumulative Impacts)Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Zia, Thomas) (Entered: 03/28/2008)
Cross MOTION for Summary Judgment As Cross-Claims of Treasure State Alliance, et al. by Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Zia, Thomas) (Entered: 03/28/2008)
Brief/Memorandum in Support re (78 in 1:07-cv-00059-DWM) MOTION to Strike Plaintiffs CBU et al.'s Extra-Record Exhibits filed by Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball. (Attachments: # 1 Exhibit E-mail Letter Regarding Record)Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Zia, Thomas) (Entered: 03/28/2008)
RESPONSE to Motion re (67 in 1:07-cv-00059-DWM, 67 in 9:07-cv-00039-DWM) MOTION for Summary Judgment of CBU filed by The Wilderness Society, Montana Wilderness Association, Greater Yellowstone Coalition. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Preso, Timothy) (Entered: 03/28/2008)
RESPONSE to Motion re (66 in 9:07-cv-00039-DWM, 66 in 1:07-cv-00059-DWM) MOTION for Summary Judgment filed by Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders, Gallatin Valley Snowmobile Association. (Attachments: # 1 Exhibit Exhibit 1 MWSA House Report)Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Swanson, Cory) (Entered: 03/28/2008)
Statement of Genuine Issues re: (66 in 9:07-cv-00039-DWM, 66 in 1:07-cv-00059-DWM) MOTION for Summary Judgment filed by Treasure State Alliance. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Turcke, Paul) (Entered: 03/28/2008)
RESPONSE to Motion re (66 in 1:07-cv-00059-DWM) MOTION for Summary Judgment filed by Treasure State Alliance. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Turcke, Paul) (Entered: 03/28/2008)
ORDER granting (69) Motion for Extension of Time to File in case 9:07-cv-00039-DWM; granting (69) Motion for Extension of Time to File in case 1:07-cv-00059-DWM. Signed by Judge Donald W. Molloy on 2/6/2008. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(slp) (Entered: 02/06/2008)
Unopposed MOTION for Extension of Time to File Response and Cross-Motion for Summary Judgment by Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion)Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Zia, Thomas) (Entered: 01/29/2008)
Joint MOTION for Summary Judgment by Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders, Gallatin Valley Snowmobile Association.Responses due by 3/12/2008. (Attachments: # 1 Supplement Memorandum in support# 2 Exhibit Statement of facts)Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Swanson, Cory) (Entered: 01/18/2008)
MOTION for Summary Judgment by The Wilderness Society, Montana Wilderness Association, Greater Yellowstone Coalition.Responses due by 3/14/2008. (Attachments: # 1 Memorandum in Support# 2 Statement of Facts# 3 Exhibits to Memorandum)Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Preso, Timothy) (Entered: 01/18/2008)
MOTION for Summary Judgment by Treasure State Alliance, Montana Trail Vehicle Riders Association, Montana Snowmobile Association, United Four-Wheel-Drive Associations, Blue Ribbon Coalition, INC..Responses due by 3/14/2008. (Attachments: # 1 Exhibit memo in support# 2 Exhibit fact statement)(Turcke, Paul) (Entered: 01/18/2008)
Order Setting Case Management deadlines: Deadline for Plaintiff's motions for summary judgment and briefs due by 1/11/2008; deadline for Defendants' response briefs and cross-motions for summary judgment due by 3/14/2008; deadline for Plaintiff's consolidated opposition and reply briefs due by 5/9/2008. Signed by Judge Donald W. Molloy on 1/15/2008. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(slp) (Entered: 01/15/2008)
TEXT ORDER granting (62) Motion for Extension of Time to File in case 9:07-cv-00039-DWM; granting (63) Motion for Extension of Time to File in case 1:07-cv-00059-DWM. Motions for Summary Judgment and Supporting Briefs are to be filed no later than January 18, 2008. Signed by Judge Donald W. Molloy on 1/14/2008. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(slp) (Entered: 01/14/2008)
MOTION for Extension of Time to File Motion for Summary Judgment by Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders, Gallatin Valley Snowmobile Association. (Attachments: # 1 Text of Proposed Order Granting Extension)Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Swanson, Cory) (Entered: 01/10/2008)
MOTION for Extension of Time to File Motion for Summary Judgment by Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders, Gallatin Valley Snowmobile Association. (Attachments: # 1 Text of Proposed Order Granting Extension)Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Swanson, Cory) (Entered: 01/10/2008)
ORDER granting (58) Motion for Leave to File an overlength brief and the amicus curiae brief in case 9:07-cv-00039-DWM. Signed by Judge Donald W. Molloy on 12/28/2007. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(BAW, ) (Entered: 12/28/2007)
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for (31 in 9:07-cv-00039-DWM, 32 in 1:07-cv-00059-DWM) Motion for Preliminary Injunction is DENIED, filed by Gallatin Valley Snowmobile Association, Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders, (53 in 9:07-cv-00039-DWM, 54 in 1:07-cv-00059-DWM), The Motion to Intervene is GRANTED to the extent they seek permissive intervention, and DENIED to the extent they seek intervention as of right (29 in 1:07-cv-00059-DWM, 28 in 9:07-cv-00039-DWM). Signed by Judge Donald W. Molloy on 12/20/2007. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(SLP, ) (Entered: 12/20/2007)
Amicus Curiae APPEARANCE entered by Andrew J. Nelson on behalf of Paige L. Mackey. (Attachments: # 1 Amicus Brief# 2 Exhibit Exhibit A# 3 Exhibit Exhibit B# 4 Exhibit Exhibit C# 5 Exhibit D# 6 Text of Proposed Order)Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Nelson, Andrew) Modified on 12/20/2007 to convert this entry into a Motion for leave to file (BAW, ). (Entered: 12/20/2007)
NOTICE by Paige L. Mackey Acknowledgment of Admission Pro Hac Vice Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Nelson, Andrew) Additional attachment(s) added on 12/20/2007 (BAW, ). (Entered: 12/19/2007)
ORDER granting (55) Motion to Appear Pro Hac Vice for Attorney Paige L. Mackey with Andrew J Nelson to serve as local counsel in case 9:07-cv-00039-DWM; granting (56) Motion to Appear Pro Hac Vice for Attorney Paige L. Mackey with Andrew J Nelson to serve as local counsel in case 1:07-cv-00059-DWM. Signed by Judge Donald W. Molloy on 12/19/2007. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(slp) (Entered: 12/19/2007)
MOTION Paige L. Mackey to Appear Pro Hac Vice ( Filing fee $ 250 receipt number 900000869.) by Andrew J Nelson. (Attachments: # 1 Affidavit # 2 Text of Proposed Order)Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Nelson, Andrew) (Entered: 12/14/2007)
Objection to Findings and Recommendations 53 (Limited) to Magistrate's Findings and Recommendations on Motion for Preliminary Injunction. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Zia, Thomas) Modified on 12/5/2007 to refelct change in event type - event originally docketed as a generic Objection. Event changed to Objection to Findings and Recommendations (CDH, ). (Entered: 12/05/2007)
FINDINGS AND RECOMMENDATIONS re (31 in 9:07-cv-00039-DWM-JCL, 32 in 1:07-cv-00059-DWM-JCL) MOTION for Preliminary Injunction Against Implementation of GNF Travel Plan filed by Gallatin Valley Snowmobile Association, Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders, (29 in 1:07-cv-00059-DWM-JCL, 28 in 9:07-cv-00039-DWM-JCL) MOTION to Intervene filed by Montana Wilderness Association, The Wilderness Society, Greater Yellowstone Coalition, ORDER GRANTING re (44 in 1:07-cv-00059-DWM-JCL, 43 in 9:07-cv-00039-DWM-JCL) MOTION for Leave to File 2nd Amended Complaint filed by Gallatin Valley Snowmobile Association, Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders, Motions terminated: (44 in 1:07-cv-00059-DWM-JCL, 43 in 9:07-cv-00039-DWM-JCL) MOTION for Leave to File filed by Gallatin Valley Snowmobile Association, Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders.Objections to F&R due by 12/13/2007. Signed by Judge Jeremiah C. Lynch on 11/26/2007. Associated Cases: 9:07-cv-00039-DWM-JCL, 1:07-cv-00059-DWM-JCL(CDH) . (Entered: 11/26/2007)
Minute Entry for proceedings held before Judge Jeremiah C. Lynch : Oral Argument Hearing held on 11/19/2007 for 28 32 , Jenny Harbine & Timothy Preso for Plaintiff MWA; Cory Swanson for Plaintiffs Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders, and Gallatin Valley Snowmobile Assc.; Tom Zia for Defendants McAllisterm, Heath, USFS; Oral argument on Motion for Leave to File Second Amended Complaint, Motion to Intervene 28 , and Motion for Preliminary Injunction 32 , Mr. White sworn and testified for plaintiffs Citizens for Balanced Use, et al. Mr. Slinker sworn and testified for defendants. Closing arguments by Mr. Zia, Mr. Presso, and Mr. Swanson. Court will issue a written recommendation to Judge Molloy. (Court Reporter FTR Gold and Mary Sullivan.)(first part of hearing recorded on FTR Gold - 1.10 hours, second part of hearing transcribed by Mary Sullivan - 2.30 hours at Missoula County Courthouse due to a power outage at the Federal Building) Associated Cases: 9:07-cv-00039-DWM-JCL, 1:07-cv-00059-DWM-JCL(clp) (Entered: 11/20/2007)
ORDER granting in part and denying in part (48) Motion to Strike in case 9:07-cv-00039-DWM-JCL; granting in part and denying in part (49) Motion to Strike in case 1:07-cv-00059-DWM-JCL. Federal Defendants' motion to strike CBU's reply brief is denied, and its alternative motion to file a sur-reply is granted.. Signed by Judge Jeremiah C. Lynch on 11/16/2007. Associated Cases: 9:07-cv-00039-DWM-JCL, 1:07-cv-00059-DWM-JCL(txb) (Entered: 11/16/2007)
ORDER granting (46) Motion for Leave to Lodge in case 9:07-cv-00039-DWM-JCL; granting (47) Motion for Leave to Lodge in case 1:07-cv-00059-DWM-JCL. Signed by Judge Jeremiah C. Lynch on 11/16/2007. Associated Cases: 9:07-cv-00039-DWM-JCL, 1:07-cv-00059-DWM-JCL(txb) (Entered: 11/16/2007)
ORDER REFERRING MOTION: (49 in 1:07-cv-00059-DWM-JCL, 48 in 9:07-cv-00039-DWM-JCL) MOTION to Strike filed by Abigail Kimball, Kathleen McAllister, Rebecca Heath, Tom Tidwell, United States Forest Service. Signed by Judge Donald W. Molloy on 11/16/2007. Associated Cases: 9:07-cv-00039-DWM-JCL, 1:07-cv-00059-DWM-JCL Motions referred to Jeremiah C. Lynch.(slp) (Entered: 11/16/2007)
MOTION to Strike Plaintiffs Citizens for Better Use, et al.'s Reply in Support of Motion for Preliminary Injunction (Dkt. No. 44) or Leave to File Attached Sur-Reply by Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball. (Attachments: # 1 Memorandum in Support of Motion to Strike or, in the Alternative Leave to File Sur-Reply# 2 Proposed Sur-Reply Opposing Plaintiffs' Motion for Preliminary Injunction# 3 Exhibit Declaration of Kimberly Schlenker in Support of Sur-Reply# 4 Exhibit Exhibit A to Kimberly Schlenker Declaration# 5 Exhibit Declaration of Colleen Stein in Support of Sur-Reply# 6 Exhibit Exhibit A to Colleen Stein Declaration# 7 Exhibit Declaration of Bob Dennee in Support of Sur-Reply# 8 Exhibit Exhibit A of Bob Dennee Declaration# 9 Exhibit Exhibit B of Bob Dennee Declaration# 10 Exhibit Exhibit C of Bob Dennee Declaration)Associated Cases: 9:07-cv-00039-DWM-JCL, 1:07-cv-00059-DWM-JCL(Zia, Thomas) (Entered: 11/16/2007)
TEXT ORDER REFERRING MOTION: (47 in 1:07-cv-00059-DWM, 46 in 9:07-cv-00039-DWM) MOTION for Leave to File filed by Montana Wilderness Association, The Wilderness Society, Greater Yellowstone Coalition. Signed by Judge Donald W. Molloy on 11/15/2007. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM Motions referred to Jeremiah C. Lynch.(slp) (Entered: 11/15/2007)
ORDER REFERRING MOTION: (44 in 1:07-cv-00059-DWM, 43 in 9:07-cv-00039-DWM) MOTION for Leave to File Second Amended Complaint filed by Gallatin Valley Snowmobile Association, Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders. Signed by Judge Donald W. Molloy on 11/13/2007. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM Motions referred to Jeremiah C. Lynch.(slp) (Entered: 11/13/2007)
REPLY to Response to Motion re (31 in 9:07-cv-00039-DWM, 32 in 1:07-cv-00059-DWM) MOTION for Preliminary Injunction Against Implementation of GNF Travel Plan filed by Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders, Gallatin Valley Snowmobile Association. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Swanson, Cory) (Entered: 11/09/2007)
MOTION for Leave to File Second Amended Complaint by Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders, Gallatin Valley Snowmobile Association. (Attachments: # 1 Text of Proposed Order Proposed Second Amended Complaint# 2 Supplement Memorandum in Support# 3 Affidavit Kenneth Zahn Declaration# 4 Exhibit Part A to Ken Zahn Declaration Recorded Easement# 5 Affidavit Declaration of Mark Hoffman# 6 Exhibit Part A to Mark Hoffman Declaration Bridger Crazies Errors# 7 Exhibit Part B to Mark Hoffman Decl MVUM Protocol Errors# 8 Affidavit Declaration of Ned Zimmerman)Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Swanson, Cory) (Entered: 11/09/2007)
ORDER Setting Hearing on Motion (29 in 1:07-cv-00059-DWM, 28 in 9:07-cv-00039-DWM) MOTION to Intervene, (31 in 9:07-cv-00039-DWM, 32 in 1:07-cv-00059-DWM) MOTION for Preliminary Injunction Against Implementation of GNF Travel Plan : Motion Hearing set for 11/19/2007 09:00 AM in Missoula, MT before Jeremiah C. Lynch.. Signed by Judge Jeremiah C. Lynch on 11/9/2007. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(clp) (Entered: 11/09/2007)
NOTICE by Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball Of Lodging and Service of Administrative Record Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Zia, Thomas) (Entered: 11/08/2007)
NOTICE by Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball Federal Defendants' Notice of Withdrawal of Counsel Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Benz, Kathryn) (Entered: 11/06/2007)
TEXT ORDER REFERRING MOTION: (31 in 9:07-cv-00039-DWM, 32 in 1:07-cv-00059-DWM) MOTION for Preliminary Injunction Against Implementation of GNF Travel Plan filed by Gallatin Valley Snowmobile Association, Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders, (29 in 1:07-cv-00059-DWM, 28 in 9:07-cv-00039-DWM) MOTION to Intervene filed by Montana Wilderness Association, The Wilderness Society, Greater Yellowstone Coalition. Signed by Judge Donald W. Molloy on 11/5/2007. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM Motions referred to Jeremiah C. Lynch.(slp) (Entered: 11/05/2007)
RESPONSE to Motion re (31 in 9:07-cv-00039-DWM) MOTION for Preliminary Injunction Against Implementation of GNF Travel Plan filed by Treasure State Alliance, Montana Trail Vehicle Riders Association, Montana Snowmobile Association, United Four-Wheel-Drive Associations, Blue Ribbon Coalition, INC.. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Turcke, Paul) (Entered: 10/29/2007)
RESPONSE to Motion re (31 in 9:07-cv-00039-DWM, 32 in 1:07-cv-00059-DWM) MOTION for Preliminary Injunction Against Implementation of GNF Travel Plan (Federal Defendants' Opposition) filed by Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball. (Attachments: # 1 Exhibit Defendants' Exhibit 1# 2 Exhibit Defendants' Exhibit 2# 3 Exhibit Defendants' Exhibit 3# 4 Exhibit Defendants' Exhibit 4# 5 Exhibit Defendants' Exhibit 5# 6 Exhibit Defendants' Exhibit 6# 7 Exhibit Declaration of Kimberly Schlenker# 8 Exhibit Exhibit A to Declaration of Kimberly Schlenker# 9 Exhibit Exhibit B to Declaration of Kimberly Schlenker# 10 Exhibit Exhibit C to Declaration of Kimberly Schlenker# 11 Exhibit Exhibit D to Declaration of Kimberly Schlenker# 12 Exhibit Exhibit E, part 1 to Declaration of Kimberly Schlenker# 13 Exhibit Exhibit E, part 2 to Declaration of Kimberly Schlenker# 14 Exhibit Exhibit E, part 3 to Declaration of Kimberly Schlenker# 15 Exhibit Exhibit E, part 4 to Declaration of Kimberly Schlenker# 16 Exhibit Exhibit E, part 5 to Declaration of Kimberly Schlenker# 17 Exhibit Exhibit E, part 6 to Declaration of Kimberly Schlenker# 18 Exhibit Exhibit E, part 7 to Declaration of Kimberly Schlenker# 19 Exhibit Exhibit E, part 8 to Declaration of Kimberly Schlenker)Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Zia, Thomas) (Entered: 10/29/2007)
RESPONSE to Motion re (31 in 9:07-cv-00039-DWM, 32 in 1:07-cv-00059-DWM) MOTION for Preliminary Injunction Against Implementation of GNF Travel Plan filed by The Wilderness Society, Montana Wilderness Association, Greater Yellowstone Coalition. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Harbine, Jenny) (Entered: 10/29/2007)
NOTICE by Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders, Gallatin Valley Snowmobile Association re (31 in 9:07-cv-00039-DWM, 32 in 1:07-cv-00059-DWM) MOTION for Preliminary Injunction Against Implementation of GNF Travel Plan, (33 in 1:07-cv-00059-DWM, 32 in 9:07-cv-00039-DWM) Notice of Filing Exhibits Notice of Errata Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Swanson, Cory) (Entered: 10/22/2007)
REPLY to Response to Motion re (29 in 1:07-cv-00059-DWM, 28 in 9:07-cv-00039-DWM) MOTION to Intervene filed by The Wilderness Society, Montana Wilderness Association, Greater Yellowstone Coalition. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Harbine, Jenny) (Entered: 10/18/2007)
RESPONSE to Motion re (29 in 1:07-cv-00059-DWM, 28 in 9:07-cv-00039-DWM) MOTION to Intervene filed by Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath, Tom Tidwell, Abigail Kimball. Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Zia, Thomas) (Entered: 10/05/2007)
NOTICE by Citizens for Balanced Use, Kenneth Zahn, Big Sky Snowriders, Gallatin Valley Snowmobile Association re (28 in 9:07-cv-00039-DWM) MOTION to Intervene Notice of No Opposition to MWA Motion to Intervene Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Swanson, Cory) (Entered: 09/28/2007)
Federal Defendants' ANSWER to Crossclaim by Kathleen McAllister, Rebecca Heath, United States Forest Service, Rebecca Heath.Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-DWM(Benz, Kathryn) (Entered: 09/21/2007)
NOTICE of Appearance by Cory J. Swanson on behalf of Citizens for Balanced Use, Gallatin Valley Snowmobile Association, Kenneth Zahn, Big Sky Snowriders Associated Cases: 9:07-cv-00039-DWM, 1:07-cv-00059-RFC(Swanson, Cory) (Entered: 08/15/2007)
MOTION to Modify July 10th Order to Permit Alternative Filing of Administrative Record (Unopposed) by Kathleen McAllister, Rebecca Heath, United States Forest Service. (Attachments: # 1 Text of Proposed Order)(Zia, Thomas) (Entered: 08/10/2007)
ANSWER to Amended Complaint, CROSSCLAIM against Kathleen McAllister, Rebecca Heath, United States Forest Service by Treasure State Alliance, Montana Trail Vehicle Riders Association, Montana Snowmobile Association, United Four-Wheel-Drive Associations, Blue Ribbon Coalition, INC..(Turcke, Paul) (Entered: 07/24/2007)
RESPONSE to Motion re 16 MOTION to Consolidate Cases (Memorandum in Support) MOTION to Consolidate Cases (Memorandum in Support), 15 MOTION to Consolidate Cases filed by The Wilderness Society, Montana Wilderness Association, Greater Yellowstone Coalition. (Attachments: # 1 Exhibit Amended Complaint in CBU case)(Preso, Timothy) (Entered: 07/23/2007)
MOTION to Consolidate Cases (Memorandum in Support) by Kathleen McAllister, Rebecca Heath, United States Forest Service. (Zia, Thomas) Modified on 7/23/2007 "to reflect that the event used was not correct and should have been filed as a memorandum in support"(BAW, ). (Entered: 07/20/2007)
ORDER requiring submission of case management plan by 10/5/07; preliminary pretrial statement due 8/27/07. Signed by Judge Donald W. Molloy on 7/10/2007. (baw) (Entered: 07/11/2007)
Federal Defendants' ANSWER to Amended Complaint for Declaratory and Injunctive Relief by United States Forest Service.(Benz, Kathryn) (Entered: 06/22/2007)
ORDER granting 11 Motion to Appear Pro Hac Vice for Attorney Paul A. Turcke for Treasure State Alliance, Montana Trail Vehicle Riders Association, Montana Snowmobile Association, United Four-Wheel-Drive Associations, Blue Ribbon Coalition, Inc.; Carl J. Withroe for Treasure State Alliance, Montana Trail Vehicle Riders Association, Montana Snowmobile Association, United Four-Wheel-Drive Associations, Blue Ribbon Coalition, Inc. IT IS HEREBY ORDERED that Intervenor-Defendants' motion to admit Paul A. Turcke and Carl J. Withroe pro hac vice is granted on the following condition: they shall do their own work. This means that they must do their own writing, sign their own pleadings, motions and briefs, and appear and participate personally.. Signed by Judge Donald W. Molloy on 6/13/2007. (slp) (Entered: 06/13/2007)
MOTION Paul A. Turcke and Carl J. Withroe to Appear Pro Hac Vice and Consent to Appear as Local Counsel ( Filing fee $ 250 receipt number 600000109.) by Treasure State Alliance, Montana Trail Vehicle Riders Association, Montana Snowmobile Association, United Four-Wheel-Drive Associations, Blue Ribbon Coalition, INC.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Text of Proposed Order)(Cameron, Robert) (Entered: 06/11/2007)
ORDER granting 9 Motion for Extension of Time to Answer Amended Complaint: Kathleen McAllister answer due 6/22/2007; Rebecca Heath answer due 6/22/2007; United States Forest Service answer due 6/22/2007.. Signed by Judge Donald W. Molloy on 6/7/2007. (slp) (Entered: 06/07/2007)
MOTION for Extension of Time to File Answer (Unopposed) by Kathleen McAllister, Rebecca Heath, United States Forest Service. (Attachments: # 1 Text of Proposed Order)(Benz, Kathryn) (Entered: 06/01/2007)
NOTICE of Appearance by Kathryn Benz on behalf of Kathleen McAllister, Rebecca Heath, United States Forest Service (Benz, Kathryn) Modified on 6/1/2007 to reflect that Mr. Zia is not registered in CM/ECF for Montana and will not be added to the case until his special appointment papers and CM/ECF logins are complete (CLP, ). (Entered: 06/01/2007)
ORDER granting 4 Motion to Intervene. Signed by Judge Donald W. Molloy on 5/31/2007. (slp) Modified on 5/31/2007 (CLP, ) to reflect a copy of this order was emailed to Robert Cameron. (Entered: 05/31/2007)
RESPONSE to Motion re 4 MOTION to Intervene filed by The Wilderness Society, Montana Wilderness Association, Greater Yellowstone Coalition. (Preso, Timothy) (Entered: 05/22/2007)
Memorandum in Support re 4 MOTION to Intervene . (Attachments: # 1 declarations# 2 Text of Proposed Order and answer; crossclaim)(BAW, ) (Entered: 05/15/2007)
MOTION to Intervene by Treasure State Alliance, Montana Trail Vehicle Riders' Association, Montana Snowmobile Association, United Four-Wheel-Drive Associations and BlueRibbon Coalition. (BAW, ) (Entered: 05/15/2007)
Proof of Service filed by The Wilderness Society, Montana Wilderness Association, Greater Yellowstone Coalition. Service by Certified Mail on 04/03/07. (Preso, Timothy) (Entered: 04/19/2007)
AMENDED COMPLAINT against all defendants, filed by The Wilderness Society, Montana Wilderness Association, Greater Yellowstone Coalition.(Preso, Timothy) (Entered: 04/17/2007)
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