WildEarth Guardians v. Klein et al

Federal Civil Lawsuit Montana District Court, Case No. 1:14-cv-00013
District Judge Susan P. Watters, presiding
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District Judge Susan P. Watters
Last Updated August 4, 2017 at 1:14 AM EDT (8.8 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo WildEarth Guardians, Plaintiff

Represented by Defenders of Wildlife

Name Phone Fax E-Mail
TERMINATED: 03/26/2014, PRO HAC VICE James Jay Tutchton +1 720 301 3843 +1 303 573 1881 jtutchton@defenders.org

Represented by WildEarth Guardians

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Sarah K. McMillan +1 406 549 3895 +1 406 728 8445 smcmillan@wildearthguardians.org
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Samantha M Ruscavage-Barz +1 505 988 9126 +1 505 213 1895 sruscavagebarz@wildearthguardians.org
TERMINATED: 03/26/2014 Ashley Dye Wilmes +1 859 312 4162 awilmes@wildearthguardians.org
v.
No Logo Al Klein, Defendant

Represented by United States Department of Justice

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED John S Most +1 202 616 3353 +1 202 305 0506 john.most@usdoj.gov
ATTORNEY TO BE NOTICED Mark Steger Smith +1 406 657 6101 +6576 657 657 6058 mark.smith3@usdoj.gov
No Logo Ken Salazar, Defendant

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space John S Most +1 202 616 3353 +1 202 305 0506 john.most@usdoj.gov
No Logo S.M.R. Jewell, Defendant

Represented by United States Department of Justice

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED John S Most +1 202 616 3353 +1 202 305 0506 john.most@usdoj.gov
ATTORNEY TO BE NOTICED Mark Steger Smith +1 406 657 6101 +6576 657 657 6058 mark.smith3@usdoj.gov
No Logo U.S. Office of Surface Mining Reclamation and Enforcement, Defendant

Represented by United States Department of Justice

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED John S Most +1 202 616 3353 +1 202 305 0506 john.most@usdoj.gov
ATTORNEY TO BE NOTICED Mark Steger Smith +1 406 657 6101 +6576 657 657 6058 mark.smith3@usdoj.gov
Other Parties
No Logo Colowyo Coal Company, L.P., Intervenor Defendant

Represented by Dorsey & Whitney, LLP

Name Phone Fax E-Mail
TERMINATED: 03/26/2014 Stephen D Bell +1 303 629 3405 +1 303 629 3450 bell.steve@dorsey.com
No Logo National Mining Association, Intervenor Defendant

Represented by Dorsey & Whitney, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Stephen D Bell +1 303 629 3405 +1 303 629 3450 bell.steve@dorsey.com
No Logo San Juan Coal Company, Intervenor Defendant

Represented by Modrall Sperling Roehl Harris & Sisk PA

Name Phone Fax E-Mail
TERMINATED: 03/26/2014 William C. Scott +1 336 373 8850 +1 336 373 8850 bscott@modrall.com
No Logo Spring Creek Coal LLC, Intervenor Defendant

Represented by Holland & Hart LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Andrew C Emrich +1 307 778 4200 +1 307 778 8175 ACEmrich@hollandhart.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED William W. Mercer +1 406 896 4607 +1 406 252 1669 wwmercer@hollandhart.com
PRO HAC VICE, ATTORNEY TO BE NOTICED Kristina R. Van Bockern +1 303 295 8107 +1 720 545 9952 trvanbockern@hollandhart.com

Represented by SULLIVAN MILLER LAW PLLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Adrian Ann Miller +1 406 403 7066 +1 406 294 5702 adrian.miller@sullivanmiller.com
No Logo State of Montana, Intervenor Defendant

Represented by Office of the Montana Attorney General

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Mike McGrath +1 406 444 2026 +1 406 444 3549 EDOJ@mt.gov
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Cory J. Swanson +1 406 444 2026 +1 406 444 3549 beholnbeck@mt.gov

Represented by OFFICE OF THE YELLOWSTONE COUNTY ATTORNEY

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Mike McGrath +1 406 444 2026 +1 406 444 3549 EDOJ@mt.gov
No Logo Trapper Mining Inc., Intervenor Defendant

Represented by Seby Larsen LLP

Name Phone Fax E-Mail
TERMINATED: 03/26/2014 Paul M Seby +1 303 572 6500 +1 303 572 6540 sebyp@gtlaw.com
No Logo Northern Plains Resource Council, Inc., Consol Plaintiff

Represented by Philip A. Downey, Esq.,

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jack R. Tuholske +1 406 396 6415 +1 406 728 8445 jtuholske@gmail.com

Represented by University of Denver-Sturm College of Law

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Brad A. Bartlett +1 303 871 7870 bbartlett@law.du.edu
No Logo Western Organization of Resource Councils, Inc., Consol Plaintiff

Represented by Philip A. Downey, Esq.,

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jack R. Tuholske +1 406 396 6415 +1 406 728 8445 jtuholske@gmail.com

Represented by University of Denver-Sturm College of Law

Name Phone Fax E-Mail
PRO HAC VICE Brad A. Bartlett +1 303 871 7870 bbartlett@law.du.edu
Attributes
Citation Unknown
Nature of Suit 893 - Environmental Matters
Timeline
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Legal Document (Payment Possibly Required) 157 Filed: 10/6/2016, Entered: None Unknown Document TypeCourt Filing
HEREBY ORDERED that the terms of the agreement are APPROVED in re 140 Motion for Attorney Fees Signed by Judge Susan P. Watters on 10/6/2016. (AMC, ) (Entered: 10/06/2016)
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Legal Document (Payment Possibly Required) 156 Filed: 10/6/2016, Entered: None Unknown Document TypeCourt Filing
HEREBY ORDERED that the terms of the agreement are APPROVED in re 138 Motion for Attorney Fees. Signed by Judge Susan P. Watters on 10/6/2016. (AMC, ) (Entered: 10/06/2016)
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Legal Document (Payment Possibly Required) 155 Filed: 10/6/2016, Entered: None Unknown Document Type
STIPULATION re 140 MOTION for Attorney Fees by Plaintiff WildEarth Guardians Stipulated Settlement of EAJA Fees, Costs, and Expenses and Proposed Order by S.M.R. Jewell, U.S. Office of Surface Mining Reclamation and Enforcement. (Attachments: # 1 Text of Proposed Order) (Most, John) (Entered: 10/06/2016)
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Legal Document (Payment Possibly Required) 154 Filed: 10/6/2016, Entered: None Unknown Document Type
STIPULATION re 138 MOTION for Attorney Fees Stipulated Settlement of EAJA Fees, Costs, and Expenses and Proposed Order by S.M.R. Jewell, U.S. Office of Surface Mining Reclamation and Enforcement. (Attachments: # 1 Text of Proposed Order) (Most, John) (Entered: 10/06/2016)
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Legal Document (Payment Possibly Required) 153 Filed: 10/3/2016, Entered: None Unknown Document Type
NOTICE by S.M.R. Jewell, U.S. Office of Surface Mining Reclamation and Enforcement Notice of Compliance with January 21, 2016 Order (Most, John) (Entered: 10/03/2016)
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Blank 152 Filed: 9/30/2016, Entered: None Unknown Document Type
STATUS REPORT on Remedy Compliance by S.M.R. Jewell, U.S. Office of Surface Mining Reclamation and Enforcement. (Most, John) (Entered: 09/30/2016)
LREF
Blank 149 Filed: 6/30/2016, Entered: None
STATUS REPORT on OSMRE progress in complying with Jan. 21, 2016 remedy order by S.M.R. Jewell, U.S. Office of Surface Mining Reclamation and Enforcement. (Attachments: # 1 Exhibit OSMRE Status Report) (Most, John) (Entered: 06/30/2016)
LREF
Blank 148 Filed: 6/27/2016, Entered: None Court Filing
ORDER granting 147 Motion to Alter Judgment and and Enlarge Time for Compliance with Remedy Order. Signed by Judge Susan P. Watters on 6/27/2016. (EMH, ) (Entered: 06/27/2016)
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Blank 147 Filed: 6/24/2016, Entered: None
Joint MOTION to Alter Judgment and Enlarge Time for Compliance with Remedy Order Brad A. Bartlett appearing for Consol Plaintiff Northern Plains Resource Council, Inc. (Attachments: # 1 Text of Proposed Order) (Bartlett, Brad) (Entered: 06/24/2016)
LREF
Legal Document (Payment Possibly Required) 146 Filed: 6/24/2016, Entered: None
STATUS REPORT on Progress of Fee Negotiations (Joint) by Wildearth Guardians. (Ruscavage-Barz, Samantha) (Entered: 06/24/2016)
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Blank 145 Filed: 5/31/2016, Entered: None
STATUS REPORT on Progress of NEPA Analysis by S.M.R. Jewell, U.S. Office of Surface Mining Reclamation and Enforcement. (Attachments: # 1 Exhibit OSMRE report) (Most, John) (Entered: 05/31/2016)
LREF
Legal Document (Payment Possibly Required) 137 Filed: 3/31/2016, Entered: None
STATUS REPORT on Federal Defendants' progress in updating environmental assessment by S.M.R. Jewell, U.S. Office of Surface Mining Reclamation and Enforcement. (Attachments: # 1 Exhibit OSMRE report) (Most, John) (Entered: 03/31/2016)
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Legal Document (Payment Possibly Required) 136 Filed: 2/29/2016, Entered: None
STATUS REPORT on Federal Defendants' progress in updating environmental assessment by S.M.R. Jewell, U.S. Office of Surface Mining Reclamation and Enforcement. (Attachments: # 1 Exhibit OSMRE report) (Most, John) (Entered: 02/29/2016)
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Legal Document (Payment Possibly Required) 135 Filed: 1/21/2016, Entered: None Court Filing
OPINION AND ORDERED- with the exception of the proposed remedy, Judge Ostby's Findings and Recommendations are ADOPTED. GRANTED IN PART 76 Motion for Summary Judgment AND 78 Motion for Summary Judgment. DENIED 89 Motion for Summary Judgment; 93 Motion for Summary Judgment; 97 Motion for Summary Judgment.The Federal Defendants shall file monthly status reports by the last business day of each month during the 240 day time period. The first status report is due February 29, 2016. WildEarth and Northern Plains are awarded reasonable attorney's fees under the Equal Access to Justice Act 28 U.S.C. 2412 Signed by Judge Susan P. Watters on 1/21/2016. (AMC, ) (Entered: 01/21/2016)
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Legal Document (Payment Possibly Required) 134 Filed: 11/19/2015, Entered: None
Reply to Objection to Findings and Recommendations re 129 FINDINGS AND RECOMMENDATIONS re 93 Cross MOTION for Summary Judgment filed by Spring Creek Coal LLC, 78 MOTION for Summary Judgment by WildEarth Guardians filed by Wildearth Guardians, 97 MOTION for Summary Judgment filed filed by Northern Plains Resource Council, Inc.. (Bartlett, Brad) (Entered: 11/19/2015)
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Legal Document (Payment Possibly Required) 133 Filed: 11/17/2015, Entered: None
Objection re: 131 Objection to Findings and Recommendations, 130 Objection, 132 Objection to Findings and Recommendations, Consolidated Response to Objections by Plaintiff WildEarth Guardians. (Ruscavage-Barz, Samantha) Modified on 11/18/2015 to add link(ACL, ). (Entered: 11/17/2015)
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Legal Document (Payment Possibly Required) 132 Filed: 11/6/2015, Entered: None
OBJECTION to 129 Findings and Recommendations regarding the parties' cross-motions for summary judgment filed by S.M.R. Jewell, U.S. Office of Surface Mining Reclamation and Enforcement. (Attachments: # 1 Exhibit Declaration of Robert Postle) (Most, John) (Entered: 11/06/2015)
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Legal Document (Payment Possibly Required) 131 Filed: 11/6/2015, Entered: None
OBJECTION to 129 Findings and Recommendations DEFENDANT-INTERVENOR STATE OF MONTANA'S JOINDER IN OBJECTIONS OF SPRING CREEK COAL TO MAGISTRATE'S FINDINGS AND RECOMMENDATIONS filed by State of Montana. (Joscelyn, Alan) (Entered: 11/06/2015)
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Legal Document (Payment Possibly Required) 130 Filed: 11/6/2015, Entered: None
Objection re: 129 FINDINGS AND RECOMMENDATIONS re 93 Cross MOTION for Summary Judgment filed by Spring Creek Coal LLC, 78 MOTION for Summary Judgment by WildEarth Guardians filed by Wildearth Guardians, 97 MOTION for Summary Judgment filed . (Attachments: # 1 Exhibit Declaration of David Schwend, # 2 Exhibit Letter from Sheridan Mayor, # 3 Exhibit Bullock Letter to Colin Marshall) (Emrich, Andrew) (Entered: 11/06/2015)
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Legal Document (Payment Possibly Required) 129 Filed: 10/23/2015, Entered: None Court Filing
FINDINGS AND RECOMMENDATIONS. IT IS RECOMMENDED that Defendants' and Defendant-Intervenors' summary judgment motions (ECF 97 , 93 , and 89 ) be DENIED, and Plaintiffs' summary judgment motions (ECF 76 and 78 ) be GRANTED in part, as set forth herein. Signed by Magistrate Judge Carolyn S Ostby on 10/23/2015. (JDR, ) (Entered: 10/23/2015)
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Legal Document (Payment Possibly Required) 128 Filed: 10/21/2015, Entered: None
NOTICE by S.M.R. Jewell, U.S. Office of Surface Mining Reclamation and Enforcement Notice of Supplemental Authority (Attachments: # 1 Ex. 1 (Colowyo Notice of Complaince), # 2 Ex. 2 (Trapper Proposed Remedy)) (Most, John) (Entered: 10/21/2015)
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Legal Document (Payment Possibly Required) 127 Filed: 10/16/2015, Entered: None
STATUS REPORT Joint by Wildearth Guardians. (Ruscavage-Barz, Samantha) (Entered: 10/16/2015)
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Legal Document (Payment Possibly Required) 126 Filed: 9/25/2015, Entered: None Court Filing
TEXT ORDER: In light of the Joint Status Report (ECF 125 ) filed September 24, 2015, in which all parties seek additional time to continue their settlement negotiations, IT IS ORDERED that the parties have until October 16, 2015, to file a second status report concerning their settlement efforts. Signed by Magistrate Judge Carolyn S Ostby on 9/25/2015. (JDR, ) (Entered: 09/25/2015)
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Legal Document (Payment Possibly Required) 125 Filed: 9/24/2015, Entered: None
STATUS REPORT of the Parties and Request for Extension of Time to Continue Settlement Negotiations by S.M.R. Jewell, U.S. Office of Surface Mining Reclamation and Enforcement. (Most, John) (Entered: 09/24/2015)
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Legal Document (Payment Possibly Required) 124 Filed: 9/4/2015, Entered: None
NOTICE by Spring Creek Coal LLC of Supplemental Authority (Attachments: # 1 Exhibit Exhibit 1) (Emrich, Andrew) (Entered: 09/04/2015)
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Legal Document (Payment Possibly Required) 123 Filed: 9/2/2015, Entered: None Court Filing
TRANSCRIPT of MOTION HEARING held on 7/31/2015, before Magistrate Judge Carolyn S. Ostby. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the Clerks Office or the court reporter NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 14 DAYS OF THIS FILING. Contact Court Reporter Rich Mattson, 406-698-3163, rlmattson@yahoo.com. Transcript Redaction Procedures . Redaction Request due 9/23/2015. Redacted Transcript Deadline set for 10/5/2015. Release of Transcript Restriction set for 12/1/2015. (NOB) (Entered: 09/02/2015)
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Legal Document (Payment Possibly Required) 122 Filed: 8/5/2015, Entered: None Court Filing
TRANSCRIPT DESIGNATION ORDER FORM by Wildearth Guardians for proceedings held on 7/31/2015 before Judge Ostby. Court reporter Richard Mattson, 406-698-3163, rlmattson@gmail.com. Transcript due by 8/28/2015. (Ruscavage-Barz, Samantha) Modified on 8/6/2015: emailed to R. Mattson (JDR, ). (Entered: 08/05/2015)
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Legal Document (Payment Possibly Required) 121 Filed: 8/3/2015, Entered: None Court Filing
TEXT ORDER: IT IS ORDERED that, by September 30, 2015, the parties must file a joint status report indicating whether they were able to reach a settlement agreement in these actions. The Court will hold the pending motions under advisement until that time. If no settlement is reached, the Court will proceed to rule on the pending motions. Signed by Magistrate Judge Carolyn S Ostby on 8/3/2015. (JDR, ) (Entered: 08/03/2015)
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Legal Document (Payment Possibly Required) 120 Filed: 7/31/2015, Entered: None Court Filing
MINUTE ENTRYMinute Entry for proceedings held before Magistrate Judge Carolyn S Ostby: Motion Hearing held on 7/31/2015 re 93 Cross MOTION for Summary Judgment filed by Spring Creek Coal LLC, 78 MOTION for Summary Judgment by WildEarth Guardians filed by Wildearth Guardians, 76 MOTION for Summary Judgment filed by Northern Plains Resource Council, Inc. Counsel present: Brad A Bartlett & Jack Tuholske for NPRC, Inc.; John S Most for SMR Jewell; Andrew C Emrich, Kristina R Van Bockern & William W Mercer for Spring Creek Coal LLC; Michael Drysdale for National Mining Association; Alan Lynn Joscelyn for State of Montana; Samantha M Ruscavage-Barz and Sarah K. McMillan for WildEarth Guardians; re (PENDING MOTIONS). The Court permits defendant U.S. Office of Surface Mining Reclamation and Enforcement and Intervenor Defendant State of Montana to each move for cross summary judgment in open court and on the record. No objection by NPRC, Inc. No objection by WildEarth Guardians. Counsel presented arguments and rebuttals. Parties are given 60 days to consult and fashion a proposed remedy. Hearing commenced at 9:58 a.m. Breaks from 12:05 p.m. to 12:20 p.m. and 12:55 p.m. to 1:06 p.m. Hearing concluded at 1:11 p.m. (Court Reporter Rich Mattson.) (Law Clerk: P. Garman), (Hearing held in Billings - EKC) (JDR, ) (Entered: 07/31/2015)
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Legal Document (Payment Possibly Required) 119 Filed: 7/24/2015, Entered: None
DISREGARD. FILED IN WRONG CASE. NOTICE of filing Notice of Appearance in MDL 2657. (Attachments: # 1 Proof of Service) (NOB) Modified on 7/24/2015 to add text. (NOB) (Entered: 07/24/2015)
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Legal Document (Payment Possibly Required) 118 Filed: 7/23/2015, Entered: None Court Filing
TEXT ORDER. IT IS ORDERED that Defendant National Mining Association's motion 117 is GRANTED. Michael Drysdale may appear at the hearing on July 31, 2015 without local counsel Stephen D. Bell. Signed by Magistrate Judge Carolyn S Ostby on 7/23/2015. (NOB) (Entered: 07/23/2015)
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Legal Document (Payment Possibly Required) 117 Filed: 7/22/2015, Entered: None
Unopposed MOTION to Substitute Attorney Michael Drysdale Stephen D. Bell appearing for Intervenor Defendant National Mining Association Motions referred to Carolyn S Ostby. (Attachments: # 1 Exhibit Text of Proposed Order) (Bell, Stephen) (Entered: 07/22/2015)
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Legal Document (Payment Possibly Required) 116 Filed: 7/20/2015, Entered: None
Letter from Clerk notifying Pro Hac Vice counsel Michael Drysdale to register. (Copy mailed to M. Drysdale) (ACL, ) (Entered: 07/20/2015)
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Legal Document (Payment Possibly Required) 115 Filed: 7/20/2015, Entered: None Court Filing
ORDER GRANTING 114 Motion to Appear Pro Hac Vice for attorney Michael Drysdale. Signed by Magistrate Judge Carolyn S Ostby on 7/20/2015. (Copy mailed to attorney and notified GF to add to the database) (ACL, ) (Entered: 07/20/2015)
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Legal Document (Payment Possibly Required) 114 Filed: 7/17/2015, Entered: None
MOTION Michael Drysdale to Appear Pro Hac Vice ( Filing fee $ 250 receipt number 0977-1621403.) Stephen D. Bell appearing for Intervenor Defendant National Mining Association Motions referred to Carolyn S Ostby. (Attachments: # 1 Affidavit Affidavit of Michael Drysdale, # 2 Proposed Order) (Bell, Stephen) (Entered: 07/17/2015)
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Legal Document (Payment Possibly Required) 113 Filed: 6/18/2015, Entered: None Court Filing
ORDER SETTING ORAL ARGUMENT 78 MOTION for Summary Judgment by WildEarth Guardians, 93 Cross MOTION for Summary Judgment , 76 MOTION for Summary Judgment : Contract Court Reporter is Needed, Oral Argument set for 7/31/2015 at 10:00 AM in Billings, MT before Magistrate Judge Carolyn S Ostby. Signed by Magistrate Judge Carolyn S Ostby on 6/18/2015. (ACL, ) (Entered: 06/18/2015)
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Legal Document (Payment Possibly Required) 112 Filed: 6/12/2015, Entered: None Court Filing
TEXT ORDER: IT IS ORDERED that Federal Defendants Unopposed Motion (ECF 111 ) for Leave to Respond to Plaintiff WildEarth Guardians' Notice of Supplemental Authority is GRANTED. Federal Defendants must promptly file their response, which was included as attachment 1. Signed by Magistrate Judge Carolyn S Ostby on 6/12/2015. (JDR, ) Modified on 6/28/2015 to link to MSJ 78 . (NOB) (Entered: 06/12/2015)
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Legal Document (Payment Possibly Required) 111 Filed: 6/11/2015, Entered: None
Unopposed MOTION for Leave to File Response to Plaintiff WildEarth Guardians' Notice of Supplemental Authority John S. Most appearing for Defendants S.M.R. Jewell, Al Klein, U.S. Office of Surface Mining Reclamation and Enforcement Motions referred to Carolyn S Ostby. (Attachments: # 1 Proposed Response, # 2 Proposed Order) (Most, John) Modified on 6/28/2015 to MSJ 78 . (NOB) (Entered: 06/11/2015)
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Legal Document (Payment Possibly Required) 110 Filed: 6/4/2015, Entered: None
NOTICE by Spring Creek Coal LLC re 107 Notice (Other) Defendant Intervenors' Response to Plaintiff WildEarth Guardians' Notice of Supplemental Authority (Emrich, Andrew) Modified on 6/28/2015 to link to MSJ 78 . (NOB) (Entered: 06/04/2015)
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Legal Document (Payment Possibly Required) 109 Filed: 6/3/2015, Entered: None Court Filing
TEXT ORDER: IT IS ORDERED that Defendant-Intervenors Spring Creek Coal LLC's and the National Mining Association's Unopposed Motion (ECF 108) for Leave to Respond to Plaintiff WildEarth Guardians' Notice of Supplemental Authority is GRANTED. Defendant-Intervenors must promptly file their response (which was attached as Exhibit 2) Signed by Magistrate Judge Carolyn S Ostby on 6/3/2015. (ACL, ) (Entered: 06/03/2015)
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Legal Document (Payment Possibly Required) 108 Filed: 6/3/2015, Entered: None
Unopposed MOTION for Leave to File to Respond to Plaintiff WildEarth Guardians' Notice of Supplemental Authority Andrew C. Emrich appearing for Intervenor Defendant Spring Creek Coal LLC Motions referred to Carolyn S Ostby. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Exhibit Proposed Response) (Emrich, Andrew) (Entered: 06/03/2015)
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Legal Document (Payment Possibly Required) 107 Filed: 5/13/2015, Entered: None
NOTICE by Wildearth Guardians re 78 MOTION for Summary Judgment by WildEarth Guardians Supplemental Authority (Attachments: # 1 Exhibit Supplemental Authority) (Ruscavage-Barz, Samantha) (Entered: 05/13/2015)
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Legal Document (Payment Possibly Required) 106 Filed: 5/7/2015, Entered: None
REPLY to Response to Motion re 78 MOTION for Summary Judgment by WildEarth Guardians, 76 MOTION for Summary Judgment filed by S.M.R. Jewell, U.S. Office of Surface Mining Reclamation and Enforcement. (Attachments: # 1 Exhibit 2008 Complaint filed in D. Colo.) (Most, John) (Entered: 05/07/2015)
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Legal Document (Payment Possibly Required) 105 Filed: 5/7/2015, Entered: None
REPLY to Response to Motion re 93 Cross MOTION for Summary Judgment filed by Spring Creek Coal LLC. (Attachments: # 1 Exhibit 1 - WildEarth WAII Petition for Stay, # 2 Exhibit 2 - Spring Creek 2014 Montana Air Quality Permit) (Emrich, Andrew) (Entered: 05/07/2015)
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Legal Document (Payment Possibly Required) 104 Filed: 5/7/2015, Entered: None
Brief/Memorandum in Support re 89 Response to Motion, 78 MOTION for Summary Judgment by WildEarth Guardians filed by State of Montana. (Joscelyn, Alan) (Entered: 05/07/2015)
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Legal Document (Payment Possibly Required) 103 Filed: 4/22/2015, Entered: None Court Filing
ORDER granting 102 Motion for Extension of Time to File Response/Reply re 93 Cross MOTION for Summary Judgment Replies due by 5/7/2015. Signed by Magistrate Judge Carolyn S Ostby on 4/22/2015. (JDH, ) (Entered: 04/22/2015)
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Legal Document (Payment Possibly Required) 102 Filed: 4/22/2015, Entered: None
Unopposed MOTION for Extension of Time to File Response/Reply in support of Defendants' Respective Cross-Motions for Summary Judgment John S. Most appearing for Defendants S.M.R. Jewell, U.S. Office of Surface Mining Reclamation and Enforcement Motions referred to Carolyn S Ostby. (Attachments: # 1 Text of Proposed Order) (Most, John) (Entered: 04/22/2015)
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Legal Document (Payment Possibly Required) 101 Filed: 3/31/2015, Entered: None
REPLY to Response to Motion re 76 MOTION for Summary Judgment filed by Northern Plains Resource Council, Inc.. (Bartlett, Brad) (Entered: 03/31/2015)
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Legal Document (Payment Possibly Required) 100 Filed: 3/26/2015, Entered: None
REPLY to Response to Motion re 78 MOTION for Summary Judgment by WildEarth Guardians filed by Wildearth Guardians. (Ruscavage-Barz, Samantha) (Entered: 03/26/2015)
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Legal Document (Payment Possibly Required) 99 Filed: 2/26/2015, Entered: None
NOTICE of Appearance by Mark Steger Smith on behalf of S.M.R. Jewell, Al Klein, U.S. Office of Surface Mining Reclamation and Enforcement (Smith, Mark) (Entered: 02/26/2015)
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Legal Document (Payment Possibly Required) 98 Filed: 2/10/2015, Entered: None
Notice of Correction: re 97 Response to Motion,,. The filing error relates to: Incorrect Docket Event used. See the attached document for a brief description of the error made. (JDH, ) (Entered: 02/10/2015)
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Legal Document (Payment Possibly Required) 97 Filed: 2/9/2015, Entered: None
RESPONSE to Motion re 78 MOTION for Summary Judgment by WildEarth Guardians, 76 MOTION for Summary Judgment and Federal Defendants' Cross-Motion for Summary Judgment filed by S.M.R. Jewell, U.S. Office of Surface Mining Reclamation and Enforcement. (Attachments: # 1 Federal Defendants' Statement of Undisputed Facts, # 2 Federal Defendants' Statement of Disputed Facts (re Wildearth Guardians), # 3 Federal Defendants' Statement of Disputed Facts (re Northern Plains Resource Council et al.)) (Most, John) (Entered: 02/09/2015)
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Legal Document (Payment Possibly Required) 96 Filed: 2/9/2015, Entered: None
Statement of Disputed Facts re: 93 Cross MOTION for Summary Judgment . (Emrich, Andrew) (Entered: 02/09/2015)
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Legal Document (Payment Possibly Required) 95 Filed: 2/9/2015, Entered: None
Statement of Disputed Facts re: 93 Cross MOTION for Summary Judgment . (Emrich, Andrew) (Entered: 02/09/2015)
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Legal Document (Payment Possibly Required) 94 Filed: 2/9/2015, Entered: None
Statement of Undisputed Fact re: 93 Cross MOTION for Summary Judgment . (Emrich, Andrew) (Entered: 02/09/2015)
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Legal Document (Payment Possibly Required) 93 Filed: 2/9/2015, Entered: None
Cross MOTION for Summary Judgment Andrew C. Emrich appearing for Intervenor Defendant Spring Creek Coal LLC Motions referred to Carolyn S Ostby. (Attachments: # 1 Exhibit Response Brief, # 2 Exhibit OSM Report) (Emrich, Andrew) (Entered: 02/09/2015)
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Legal Document (Payment Possibly Required) 92 Filed: 2/9/2015, Entered: None
Statement of Disputed Facts re: 89 Response to Motion filed by State of Montana. (Joscelyn, Alan) (Entered: 02/09/2015)
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Legal Document (Payment Possibly Required) 91 Filed: 2/9/2015, Entered: None
Statement of Disputed Facts re: 89 Response to Motion filed by State of Montana. (Joscelyn, Alan) (Entered: 02/09/2015)
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Legal Document (Payment Possibly Required) 90 Filed: 2/9/2015, Entered: None
Statement of Undisputed Fact re: 89 Response to Motion by State of Montana filed by State of Montana. (Joscelyn, Alan) (Entered: 02/09/2015)
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Legal Document (Payment Possibly Required) 89 Filed: 2/9/2015, Entered: None
RESPONSE to Motion re 78 MOTION for Summary Judgment by WildEarth Guardians, 76 MOTION for Summary Judgment filed by State of Montana. (Joscelyn, Alan) (Entered: 02/09/2015)
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Legal Document (Payment Possibly Required) 88 Filed: 2/6/2015, Entered: None
Notice of Undeliverable Electronic Notice: re 85 MOTION KRISTINA R. VAN BOCKERN to Appear Pro Hac Vice ( Filing fee $ 250 receipt number 0977-1535194.), 86 Order on Motion to Appear Pro Hac Vice, 87 Letter. Name of attorney whose NEF was undeliverable: Swanson. (Cuthbert, Michael) (Entered: 02/06/2015)
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Legal Document (Payment Possibly Required) 87 Filed: 2/6/2015, Entered: None
Letter from Clerk of Court notifying PHV attorney Kristina R. Van Bockern of CM/ECF registration requirements. Attorney Van Bockern will not receive NEFs until she becomes a registered e-filer. (JDH, ) (Entered: 02/06/2015)
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Legal Document (Payment Possibly Required) 86 Filed: 2/6/2015, Entered: None Court Filing
ORDER granting 85 Motion to Appear Pro Hac Vice: Kristina R. Van Bockern. Signed by Magistrate Judge Carolyn S Ostby on 2/6/2015. (JDH, ) (Entered: 02/06/2015)
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Legal Document (Payment Possibly Required) 85 Filed: 2/5/2015, Entered: None
MOTION KRISTINA R. VAN BOCKERN to Appear Pro Hac Vice ( Filing fee $ 250 receipt number 0977-1535194.) Adrian Ann Miller appearing for Intervenor Defendant Spring Creek Coal LLC Motions referred to Carolyn S Ostby. (Attachments: # 1 Text of Proposed Order) (Miller, Adrian) (Entered: 02/05/2015)
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Legal Document (Payment Possibly Required) 84 Filed: 1/20/2015, Entered: None
Notice of Undeliverable Electronic Notice: re 82 Unopposed MOTION for Extension of Time to File Cross-Motions for Summary Judgment, 83 Order on Motion for Extension of Time to File. Name of attorney whose NEF was undeliverable: Swanson. (Cuthbert, Michael) (Entered: 01/20/2015)
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Legal Document (Payment Possibly Required) 83 Filed: 1/15/2015, Entered: None Court Filing
ORDER granting 82 Motion for Extension of Time to File Cross-Motions for Summary Judgment. SEE ORDER FOR BRIEFING SCHEDULE. Signed by Magistrate Judge Carolyn S Ostby on 1/15/2015. (JDH, ) (Entered: 01/15/2015)
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Legal Document (Payment Possibly Required) 82 Filed: 1/15/2015, Entered: None
Unopposed MOTION for Extension of Time to File Cross-Motions for Summary Judgment John S. Most appearing for Defendants S.M.R. Jewell, U.S. Office of Surface Mining Reclamation and Enforcement Motions referred to Carolyn S Ostby. (Attachments: # 1 Text of Proposed Order) (Most, John) (Entered: 01/15/2015)
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Legal Document (Payment Possibly Required) 81 Filed: 12/29/2014, Entered: None Court Filing
ORDER GRANTING 80 Motion for Extension of Time to File Response/Reply. SEE ORDER FOR BRIEFING SCHEDULE. Signed by Magistrate Judge Carolyn S Ostby on 12/29/2014. (ACL, ) (Entered: 12/29/2014)
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Legal Document (Payment Possibly Required) 80 Filed: 12/24/2014, Entered: None
Unopposed MOTION for Extension of Time to File Response/Reply as to 78 MOTION for Summary Judgment by WildEarth Guardians, 76 MOTION for Summary Judgment and for Adjustment of Subsequent Briefing Deadlines John S. Most appearing for Defendants S.M.R. Jewell, U.S. Office of Surface Mining Reclamation and Enforcement Motions referred to Carolyn S Ostby. (Attachments: # 1 Text of Proposed Order) (Most, John) (Entered: 12/24/2014)
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Legal Document (Payment Possibly Required) 79 Filed: 12/8/2014, Entered: None
Statement of Undisputed Fact re: 78 MOTION for Summary Judgment by WildEarth Guardians. (Ruscavage-Barz, Samantha) (Entered: 12/08/2014)
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Legal Document (Payment Possibly Required) 78 Filed: 12/8/2014, Entered: None
MOTION for Summary Judgment by WildEarth Guardians Samantha M. Ruscavage-Barz appearing for Plaintiff Wildearth Guardians Motions referred to Carolyn S Ostby. (Attachments: # 1 Memo In support of MSJ, # 2 Exhibit Declaration of Jeremy Nichols) (Ruscavage-Barz, Samantha) (Entered: 12/08/2014)
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Legal Document (Payment Possibly Required) 77 Filed: 12/8/2014, Entered: None
Statement of Undisputed Fact re: 76 MOTION for Summary Judgment . (Bartlett, Brad) (Entered: 12/08/2014)
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Legal Document (Payment Possibly Required) 76 Filed: 12/8/2014, Entered: None
MOTION for Summary Judgment Brad A. Bartlett appearing for Consol Plaintiff Northern Plains Resource Council, Inc. Motions referred to Carolyn S Ostby. (Attachments: # 1 Brief in Support of Summary Judgment, # 2 Exhibit Declaration of Mark Fix, # 3 Exhibit Declaration of Jeanie Alderson, # 4 Exhibit OSM Report 2012, # 5 Exhibit OSM Report 2013, # 6 Exhibit Directive REG-8 (excerpts)) (Bartlett, Brad) (Entered: 12/08/2014)
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Legal Document (Payment Possibly Required) 75 Filed: 11/12/2014, Entered: None
ANSWER to 40 Amended Complaint by State of Montana. (Joscelyn, Alan) (Entered: 11/12/2014)
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Legal Document (Payment Possibly Required) 74 Filed: 11/10/2014, Entered: None
Letter from Clerk of Court advising attorney Brad Arthur Bartlett of CM/ECF registration requirements. (Mailed to Bartlett) (cp) (NOB) (Entered: 11/10/2014)
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Legal Document (Payment Possibly Required) 73 Filed: 11/10/2014, Entered: None Court Filing
ORDER GRANTING 72 Motion of Brad Arthur Bartlett to Appear Pro Hac Vice. The Clerk of Court is directed to seal the file in CV 14-103-BLG-SPW-CSO to prevent inadvertent filing in the non-lead case. Signed by Magistrate Judge Carolyn S Ostby on 11/10/2014. (LM notified) (NOB) Modified on 11/10/2014: mailed to Bartlett and printed to chambers. (NOB) (Entered: 11/10/2014)
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Legal Document (Payment Possibly Required) 72 Filed: 11/10/2014, Entered: None
MOTION for Brad Arthur Bartlett to Appear Pro Hac Vice ( Filing fee $ 250 receipt number 0977-1492404) by Consol Plaintiffs Northern Plains Resource Council, Inc., Western Organization of Resource Councils, Inc. Motions referred to Carolyn S Ostby. (Attachments: # 1 Affidavit of Brad Bartlett) (NOB) (Entered: 11/10/2014)
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Legal Document (Payment Possibly Required) 71 Filed: 11/3/2014, Entered: None
NOTICE by S.M.R. Jewell, U.S. Office of Surface Mining Reclamation and Enforcement Notice of Serving Administrative Record on Plaintiffs in CV-14-103 (Most, John) (Entered: 11/03/2014)
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Legal Document (Payment Possibly Required) 70 Filed: 10/28/2014, Entered: None Court Filing
ORDER granting 68 Motion to Consolidate Cases; granting 69 Motion to Vacate. This action and the NPRC action, CV-14-103-BLG-SPW-CSO, are HEREBY CONSOLIDATED, with this action designated as the lead case, to which all filings shall henceforth be made; MOOT to the extent the pending motion 68 requests that the Court authorize intervention; GRANTED to the extent that the motions request that the Court set a briefing schedule and word limits. Signed by Magistrate Judge Carolyn S Ostby on 10/28/2014. (JDH, ) (Entered: 10/28/2014)
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Legal Document (Payment Possibly Required) 69 Filed: 10/24/2014, Entered: None
Unopposed MOTION to Vacate 45 Order Setting, Schedule and to Reset Briefing Schedule Samantha M. Ruscavage-Barz appearing for Plaintiff Wildearth Guardians Motions referred to Carolyn S Ostby. (Attachments: # 1 Text of Proposed Order) (Ruscavage-Barz, Samantha) (Entered: 10/24/2014)
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Legal Document (Payment Possibly Required) 68 Filed: 10/23/2014, Entered: None
Unopposed MOTION to Consolidate Cases , Authorize Intervention, and Set Briefing Schedule John S. Most appearing for Defendants S.M.R. Jewell, Al Klein, U.S. Office of Surface Mining Reclamation and Enforcement Motions referred to Carolyn S Ostby. (Attachments: # 1 Text of Proposed Order) (Most, John) (Entered: 10/23/2014)
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Legal Document (Payment Possibly Required) 67 Filed: 10/21/2014, Entered: None
Notice of Undeliverable Electronic Notice: re 66 Notice of Appearance. Name of attorney whose NEF was undeliverable: Fox. (Cuthbert, Michael) (Entered: 10/21/2014)
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Legal Document (Payment Possibly Required) 66 Filed: 10/20/2014, Entered: None
NOTICE of Appearance by Alan Lynn Joscelyn on behalf of State of Montana (Joscelyn, Alan) (Entered: 10/20/2014)
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Legal Document (Payment Possibly Required) 65 Filed: 8/8/2014, Entered: None
NOTICE by S.M.R. Jewell, Al Klein, U.S. Office of Surface Mining Reclamation and Enforcement Notice of Lodging and Serving the Administrative Record and Certifying Declaration (Attachments: # 1 Certifying Declaration) (Most, John) (Entered: 08/08/2014)
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Legal Document (Payment Possibly Required) 64 Filed: 5/30/2014, Entered: None
ANSWER to 40 Amended Complaint by State of Montana. (Swanson, Cory) (Entered: 05/30/2014)
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Legal Document (Payment Possibly Required) 63 Filed: 5/30/2014, Entered: None Court Filing
TEXT ORDER: IT IS ORDERED that the last sentence of the Order Granting Unopposed Motion of State of Montana to Intervene as Defendant-Intervenor (ECF 62)is AMENDED as follows: IT IS FURTHER ORDERED that Defendant-Intervenor State of Montana must file its Answer by June 4, 2014. Signed by Magistrate Judge Carolyn S Ostby on 5/30/2014. (JEC, ) (Entered: 05/30/2014)
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Legal Document (Payment Possibly Required) 62 Filed: 5/30/2014, Entered: None Court Filing
ORDER granting 60 Motion to Intervene filed by State of Monana. Signed by Magistrate Judge Carolyn S Ostby on 5/30/2014. (JDH, ) (Entered: 05/30/2014)
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Legal Document (Payment Possibly Required) 61 Filed: 5/29/2014, Entered: None
Brief in Support re 60 MOTION to Intervene filed by State of Montana. (JDH, ) (Additional attachment(s) added on 5/30/2014: # 1 Exhibit 1 - Mining Plan Decision Document, # 2 Exhibit 2 - Checklist Environmental Assessment, # 3 Exhibit 3 - Written Findings, Section 1, # 4 Exhibit 3 - Written Findings - Section 2, # 5 Exhibit 3 - Written Findings - Section 3, # 6 Exhibit 3 - Written Findings - Section 4, # 7 Exhibit 4 - Order, CV-13-61-M-DWM) (JDH, ). (Entered: 05/30/2014)
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Legal Document (Payment Possibly Required) 60 Filed: 5/29/2014, Entered: None
The State of Montana's Unopposed MOTION to Intervene Timothy C. Fox appearing for Interested Party State of Montana Motions referred to Carolyn S Ostby. (Attachments: # 1 Text of Proposed Order, # 2 Proposed Answer) (JDH, ) (Entered: 05/30/2014)
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Legal Document (Payment Possibly Required) 59 Filed: 5/13/2014, Entered: None
ANSWER to 40 Amended Complaint by National Mining Association. (Bell, Stephen) (Entered: 05/13/2014)
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Legal Document (Payment Possibly Required) 58 Filed: 5/12/2014, Entered: None Court Filing
ORDER granting 56 National Mining Association's Motion to Intervene as Defendant-Intervenor. Signed by Magistrate Judge Carolyn S Ostby on 5/12/2014. (JDH, ) (Entered: 05/12/2014)
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Legal Document (Payment Possibly Required) 57 Filed: 5/9/2014, Entered: None
Brief in Support re 56 MOTION to Intervene filed by National Mining Association. (JDH, ) (Entered: 05/09/2014)
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Legal Document (Payment Possibly Required) 56 Filed: 5/9/2014, Entered: None
NATIONAL MINING ASSOCIATION'S UNOPPOSED MOTION to Intervene AS DEFENDANT-INTERVENOR. Stephen D. Bell appearing for Interested Party National Mining Association. Motions referred to Carolyn S Ostby. (Attachments: # 1 Text of Proposed Order, # 2 Proposed Answer to the Amended Complaint, # 3 Corporate Disclosure Statement) (JDH, ) (Entered: 05/09/2014)
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Legal Document (Payment Possibly Required) 55 Filed: 5/8/2014, Entered: None
Federal Defendants' ANSWER to 40 Amended Complaint by S.M.R. Jewell, Al Klein, U.S. Office of Surface Mining Reclamation and Enforcement. (Most, John) (Entered: 05/08/2014)
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Legal Document (Payment Possibly Required) 54 Filed: 4/29/2014, Entered: None Court Filing
ORDER: Consent to the jurisdiction of a United States Magistrate Judge having been either withheld or met with objection, this case remains assigned to District Judge Susan P. Watters and referred to Magistrate Judge Carolyn S. Ostby. Signed by Judge Susan P. Watters on 4/29/2014. (cp) (NOB) (Entered: 04/29/2014)
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Legal Document (Payment Possibly Required) 53 Filed: 4/28/2014, Entered: None Court Filing
ORDER granting 52 Motion to Appear Pro Hac Vice for Attorney Andrew C. Emrich for Spring Creek Coal LLC. Signed by Magistrate Judge Carolyn S Ostby on 4/28/2014. (NOB) Modified on 4/28/2014: printed to chambers. (NOB) (Entered: 04/28/2014)
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Legal Document (Payment Possibly Required) 52 Filed: 4/28/2014, Entered: None
MOTION for Andrew C. Emrich to Appear Pro Hac Vice ( Filing fee $ 250 receipt number MTX 100009992) by Intervenor Defendant Spring Creek Coal LLC. (Attachments: # 1 Affidavit of Andrew C. Emrich, # 2 Text of Proposed Order) (NOB) Modified on 4/28/2014: printed to chambers. (NOB) (Entered: 04/28/2014)
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Legal Document (Payment Possibly Required) 51 Filed: 4/28/2014, Entered: None
Corporate Disclosure Statement identifying affiliate Cloud Peak Energy Inc. for Spring Creek Coal LLC. (NOB) Modified on 4/28/2014: printed to chambers. (NOB) (Entered: 04/28/2014)
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Legal Document (Payment Possibly Required) 50 Filed: 4/28/2014, Entered: None
SPRING CREEK COAL LLC's ANSWER to 40 Amended Complaint by Spring Creek Coal LLC. (Mercer, William) Modified on 4/28/2014: printed to chambers. (NOB) (Entered: 04/28/2014)
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Legal Document (Payment Possibly Required) 49 Filed: 4/28/2014, Entered: None Court Filing
ORDER granting 47 Motion to Intervene. Signed by Magistrate Judge Carolyn S Ostby on 4/28/2014. (JDH, ) (Entered: 04/28/2014)
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Legal Document (Payment Possibly Required) 48 Filed: 4/25/2014, Entered: None
Brief/Memorandum in Support re 47 MOTION to Intervene filed by Spring Creek Coal LLC. (Attachments: # 1 EXHIBIT A- ENVIRONMENTAL ASSESSMENT, # 2 EXHIBIT B-DECISION RECORD, # 3 EXHIBIT C- MDEQ LETTER 5/19/2011, # 4 EXHIBIT D- MDEQ LETTER 6/23/2011, # 5 EXHIBIT E- SPRING CREEK MINING PLAN APPROVAL)(CP) (ACL, ) (Entered: 04/25/2014)
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Legal Document (Payment Possibly Required) 47 Filed: 4/25/2014, Entered: None
UNOPPOSED MOTION OF SPRING CREEK COAL LLC TO INTERVENE AS DEFENDANT-INTERVENOR William W. Mercer appearing for Interested Party Spring Creek Coal LLC Motions referred to Carolyn S Ostby. (Attachments: # 1 Text of Proposed Order, # 2 Proposed Answer to the Amended Complaint, # 3 Corporate Disclosure Statement, # 4 Motion for Pro Hac Vice Andrew C. Emrich, # 5 Text of Proposed Order for Pro Hac Vice Motion)(CP) (ACL, ) (Entered: 04/25/2014)
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Legal Document (Payment Possibly Required) 46 Filed: 4/7/2014, Entered: None Court Filing
Mailing of Consent to Assignment of Magistrate Judge as Presiding Judge. Electronically mailed to counsel John S. Most, Sarah K. McMillan and Samantha M. Ruscavage-Barz.Consent/Objection to USMJ Form due by 4/24/2014. (JDH, ) (Entered: 04/07/2014)
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Legal Document (Payment Possibly Required) 45 Filed: 3/26/2014, Entered: None Court Filing
SCHEDULING ORDER- Federal Defendant's Answer due 5/9/2014; Federal Defendant's Service of Administrative Record on Parties due 6/20/2014; Plaintiff's Motion for Summary Judgment and Brief in Support due 10/30/2014. READ ORDER FOR FULL DETAILS. Signed by Magistrate Judge Carolyn S Ostby on 3/26/2014. (ACL, ) (Entered: 03/26/2014)
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Legal Document (Payment Possibly Required) 44 Filed: 3/25/2014, Entered: None Court Filing
Minute Entry for proceedings held before Magistrate Judge Carolyn S Ostby: Status Conference held on 3/25/2014. (JKC) (Entered: 03/25/2014)
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Legal Document (Payment Possibly Required) 43 Filed: 3/18/2014, Entered: None
Notice of Correction: re 41 Joint Case Management Plan. The filing error relates to: Caption. See the attached document for a brief description of the error made. (JDH, ) (Entered: 03/18/2014)
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Legal Document (Payment Possibly Required) 42 Filed: 3/18/2014, Entered: None
Notice of Correction: re 40 Amended Complaint. The filing error relates to: Caption. See the attached document for a brief description of the error made. (JDH, ) (Entered: 03/18/2014)
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Legal Document (Payment Possibly Required) 41 Filed: 3/14/2014, Entered: None
JOINT CASE MANAGEMENT PLAN by Al Klein, Ken Salazar, U.S. Office of Surface Mining Reclamation and Enforcement. (Attachments: # 1 Proposed Order) (Most, John) (Entered: 03/14/2014)
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Legal Document (Payment Possibly Required) 40 Filed: 3/14/2014, Entered: None
AMENDED COMPLAINT against All Defendants, filed by Wildearth Guardians. (Attachments: # 1 Exhibit Federal Defendants' Consent to File) (Ruscavage-Barz, Samantha) (Entered: 03/14/2014)
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Legal Document (Payment Possibly Required) 39 Filed: 3/10/2014, Entered: None Court Filing
Order Setting: Telephonic Status Conference set for 3/25/2014 at 10:00 AM in Billings, MT before Magistrate Judge Carolyn S Ostby. Signed by Magistrate Judge Carolyn S Ostby on 3/10/2014. (JDH, ) (Entered: 03/10/2014)
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Legal Document (Payment Possibly Required) 38 Filed: 3/7/2014, Entered: None
Letter from Clerk of Court notifying attorney Samantha Ruscavage-Barz of CM/ECF registration requirements. Attorney will not received NEFs until registered. (Conventionally mailed to S. Ruscavage-Barz on this date.) (JDH, ) (Entered: 03/07/2014)
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Legal Document (Payment Possibly Required) 37 Filed: 3/7/2014, Entered: None Court Filing
ORDER granting 35 Motion Samantha Ruscavage-Barz to Appear Pro Hac Vice. Signed by Magistrate Judge Carolyn S Ostby on 3/7/2014. (JDH, ) (Entered: 03/07/2014)
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Legal Document (Payment Possibly Required) 36 Filed: 3/6/2014, Entered: None
NOTICE of Appearance by John S. Most on behalf of Al Klein, Ken Salazar, U.S. Office of Surface Mining Reclamation and Enforcement (Most, John) (Entered: 03/06/2014)
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Legal Document (Payment Possibly Required) 35 Filed: 3/6/2014, Entered: None
MOTION Samantha Ruscavage-Barz to Appear Pro Hac Vice ( Filing fee $ 250 receipt number 0977-1371730.) Sarah K. McMillan appearing for Plaintiff Wildearth Guardians Motions referred to Carolyn S Ostby. (Attachments: # 1 Affidavit affidavit in support of PHV motion) (McMillan, Sarah) (Entered: 03/06/2014)
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Legal Document (Payment Possibly Required) 34 Filed: 3/6/2014, Entered: None
NOTICE of Appearance by Sarah K. McMillan on behalf of All Plaintiffs (McMillan, Sarah) (Entered: 03/06/2014)
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Legal Document (Payment Possibly Required) 33 Filed: 2/10/2014, Entered: None
Case transferred in from District of Colorado; Case Number 1:13-cv-00518. (JDH, ) (Entered: 02/10/2014)
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Legal Document (Payment Possibly Required) 32 Filed: 2/7/2014, Entered: None Court Filing
ORDER. The Motions at Docs. 15 and 24 are granted. Claims 9 through 15 shall be transferred to the District of Wyoming for all further proceedings and claims 7 and 8 shall be transferred to the District of New Mexico for all further proceedings. Furthermore, I order sua sponte that claims 5 and 6 involving the Spring Creek Mine in Montana be transferred to the District of Montana for all further proceedings. By Judge John L. Kane on 2/7/14.(mfiel, ) [Transferred from cod on 2/10/2014.] (Entered: 02/07/2014)
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Legal Document (Payment Possibly Required) 31 Filed: 8/1/2013, Entered: None
REPLY to Response to 24 MOTION to Sever Claims and Transfer Venue filed by Intervenor Defendant San Juan Coal Company. (Scott, William) [Transferred from cod on 2/10/2014.] (Entered: 08/01/2013)
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Legal Document (Payment Possibly Required) 30 Filed: 7/31/2013, Entered: None
NOTICE of Entry of Appearance by Ashley Dye Wilmes on behalf of WildEarth Guardians (Wilmes, Ashley) [Transferred from cod on 2/10/2014.] (Entered: 07/31/2013)
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Legal Document (Payment Possibly Required) 29 Filed: 7/18/2013, Entered: None
REPLY to Response to 15 MOTION to Sever counts 9 through 15 MOTION to Transfer Case (counts 9 through 15) filed by Defendants Al Klein, Ken Salazar, U.S. Office of Surface Mining Reclamation and Enforcement. (Most, John) [Transferred from cod on 2/10/2014.] (Entered: 07/18/2013)
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Legal Document (Payment Possibly Required) 28 Filed: 7/18/2013, Entered: None
BRIEF in Opposition to 24 MOTION to Sever Claims and Transfer Venue by San Juan Coal Company filed by Plaintiff WildEarth Guardians. (Ruscavage-Barz, Samantha) [Transferred from cod on 2/10/2014.] (Entered: 07/18/2013)
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Legal Document (Payment Possibly Required) 27 Filed: 7/8/2013, Entered: None
BRIEF in Opposition to 15 MOTION to Sever counts 9 through 15 MOTION to Transfer Case (counts 9 through 15) filed by Plaintiff WildEarth Guardians. (Ruscavage-Barz, Samantha) [Transferred from cod on 2/10/2014.] (Entered: 07/08/2013)
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Legal Document (Payment Possibly Required) 26 Filed: 7/8/2013, Entered: None
Proposed Scheduling Order Joint Case Management Plan by Plaintiff WildEarth Guardians. (Ruscavage-Barz, Samantha) [Transferred from cod on 2/10/2014.] (Entered: 07/08/2013)
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Legal Document (Payment Possibly Required) 25 Filed: 6/28/2013, Entered: None
ANSWER to 1 Complaint, Petition for Review of Agency Action by San Juan Coal Company.(Scott, William) [Transferred from cod on 2/10/2014.] (Entered: 06/28/2013)
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Legal Document (Payment Possibly Required) 24 Filed: 6/28/2013, Entered: None
MOTION to Sever Claims and Transfer Venue by Intervenor Defendant San Juan Coal Company. (Attachments: # 1 Exhibit A, B, C)(Scott, William) [Transferred from cod on 2/10/2014.] (Entered: 06/28/2013)
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Legal Document (Payment Possibly Required) 23 Filed: 6/27/2013, Entered: None Court Filing
MINUTE ORDER. San Juan Coal Company's Motion to Intervene, Doc. 22 , is GRANTED with the same limitations as referenced therein and as included in Doc. 19 . Parties are ordered confer and submit a Joint Case Management Plan (instructions available at http://www.cod.uscourts.gov/CourtOperations/RulesProcedures/JudicialPracticeStandards/SeniorArticleIIIJudges/HonJohnLKane.aspx ) on or before July 8, 2013. Parties should include the timetable for Defendant and Defendant Intervenors to reply to Defendants' pending Motion for Severance as well as all other deadlines as specified in the JCMP template. By Judge John L. Kane on 6/27/13. Text Only Entry(mnfsl, ) [Transferred from cod on 2/10/2014.] (Entered: 06/27/2013)
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Legal Document (Payment Possibly Required) 22 Filed: 6/25/2013, Entered: None
MOTION to Intervene by Intervenor Defendant San Juan Coal Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Scott, William) [Transferred from cod on 2/10/2014.] (Entered: 06/25/2013)
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Legal Document (Payment Possibly Required) 21 Filed: 6/19/2013, Entered: None Court Filing
MINUTE ORDER. Plaintiff's Unopposed Motion for Enlargement of Time to File Response to Defendants' Motion for Severance, Doc. 20 , is GRANTED. Plaintiff has up to and including July 8, 2013 to respond to the relevant motion. Defendants will then have up to and including July 18, 2013 to file a reply. By Judge John L. Kane on 6/19/13. Text Only Entry(mnfsl, ) [Transferred from cod on 2/10/2014.] (Entered: 06/19/2013)
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Legal Document (Payment Possibly Required) 20 Filed: 6/19/2013, Entered: None
Unopposed MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Sever counts 9 through 15 MOTION to Transfer Case (counts 9 through 15) by Plaintiff WildEarth Guardians. (Attachments: # 1 Proposed Order (PDF Only))(Ruscavage-Barz, Samantha) [Transferred from cod on 2/10/2014.] (Entered: 06/19/2013)
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Legal Document (Payment Possibly Required) 19 Filed: 6/17/2013, Entered: None Court Filing
ORDER granting 16 Colowyo Coal Company, L.P.'s Motion to Intervene. By Judge John L. Kane on 6/17/13.(mnfsl, ) [Transferred from cod on 2/10/2014.] (Entered: 06/17/2013)
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Legal Document (Payment Possibly Required) 18 Filed: 6/14/2013, Entered: None
CORPORATE DISCLOSURE STATEMENT. (Bell, Stephen) [Transferred from cod on 2/10/2014.] (Entered: 06/14/2013)
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Legal Document (Payment Possibly Required) 17 Filed: 6/14/2013, Entered: None
ANSWER to 1 Complaint, and Affirmative Defenses of Proposed Intervenor Colowyo Coal Company, L.P. by Colowyo Coal Company, L.P..(Bell, Stephen) [Transferred from cod on 2/10/2014.] (Entered: 06/14/2013)
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Legal Document (Payment Possibly Required) 16 Filed: 6/14/2013, Entered: None
Unopposed MOTION to Intervene as a Defendant with Supporting Memorandum of Points and Authorities by Intervenor Defendant Colowyo Coal Company, L.P.. (Attachments: # 1 Affidavit Declaration of Chris McCourt in Support of Colowyo's Motion to Intervene in Support of Federal Defendants)(Bell, Stephen) [Transferred from cod on 2/10/2014.] (Entered: 06/14/2013)
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Legal Document (Payment Possibly Required) 15 Filed: 6/7/2013, Entered: None
MOTION to Sever counts 9 through 15, MOTION to Transfer Case (counts 9 through 15) by Defendants Al Klein, Ken Salazar, U.S. Office of Surface Mining Reclamation and Enforcement. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit)(Most, John) [Transferred from cod on 2/10/2014.] (Entered: 06/07/2013)
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Legal Document (Payment Possibly Required) 14 Filed: 6/3/2013, Entered: None Court Filing
MINUTE ORDER. Federal Defendants' Unopposed Motion for Enlargement of Time, Doc. 13 , is GRANTED. All defendants shall have until a date two weeks after a ruling on federal defendants' planned motion to sever and transfer certain claims to the District of Wyoming to respond to the Petition for Review of Agency Action in this case. The Court will expect the planned motion to sever to be filed on or before June 10, 2013, as represented in the motion. By Judge John L. Kane on 6/3/13. Text Only Entry(mnfsl, ) Modified on 6/4/2013 to indicate this is a text only entry(mnfsl, ). [Transferred from cod on 2/10/2014.] (Entered: 06/03/2013)
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Legal Document (Payment Possibly Required) 13 Filed: 5/31/2013, Entered: None
Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendants Al Klein, Ken Salazar, U.S. Office of Surface Mining Reclamation and Enforcement. (Attachments: # 1 Proposed Order (PDF Only))(Most, John) [Transferred from cod on 2/10/2014.] (Entered: 05/31/2013)
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Legal Document (Payment Possibly Required) 12 Filed: 5/9/2013, Entered: None Court Filing
MINUTE ORDER. Intervenor-Defendant Trapper Mining, Inc.'s Unopposed Motion for Extension of Time, 11 , is GRANTED. Trapper has up to and including June 3, 2013 to respond to Plaintiff's Complaint by Judge John L. Kane on 05/09/13. Text Only Entry(jjhsl, ) [Transferred from cod on 2/10/2014.] (Entered: 05/09/2013)
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Legal Document (Payment Possibly Required) 11 Filed: 5/8/2013, Entered: None
MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Intervenor Defendant Trapper Mining Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Seby, Paul) [Transferred from cod on 2/10/2014.] (Entered: 05/08/2013)
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Legal Document (Payment Possibly Required) 10 Filed: 4/23/2013, Entered: None Court Filing
ORDER Granting Trapper Mining Inc's 9 Motion to Intervene, by Judge John L. Kane on 4/23/13.(sgrim) [Transferred from cod on 2/10/2014.] (Entered: 04/23/2013)
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Legal Document (Payment Possibly Required) 9 Filed: 4/23/2013, Entered: None
MOTION to Intervene by Defendant Trapper Mining Inc.. (Attachments: # 1 Affidavit Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Proposed Order (PDF Only))(Seby, Paul) [Transferred from cod on 2/10/2014.] (Entered: 04/23/2013)
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Legal Document (Payment Possibly Required) 8 Filed: 4/23/2013, Entered: None Court Filing
MINUTE ORDER. Defendants' Unopposed Motion for Enlargement of Time to Respond to the Complaint 6 is GRANTED. Defendants shall have up to and including June 3, 2013, to respond to the Complaint, by Judge John L. Kane on 4/23/13.(sgrim) [Transferred from cod on 2/10/2014.] (Entered: 04/23/2013)
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Legal Document (Payment Possibly Required) 7 Filed: 4/23/2013, Entered: None
MOTION to Intervene by Defendant Trapper Mining Inc.. (Attachments: # 1 Affidavit Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Seby, Paul) Modified on 4/23/2013 as counsel has refiled at 9 .(sgrim) [Transferred from cod on 2/10/2014.] (Entered: 04/23/2013)
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Legal Document (Payment Possibly Required) 6 Filed: 4/19/2013, Entered: None
Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendants Al Klein, Ken Salazar, U.S. Office of Surface Mining Reclamation and Enforcement. (Attachments: # 1 Proposed Order (PDF Only))(Most, John) [Transferred from cod on 2/10/2014.] (Entered: 04/19/2013)
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Legal Document (Payment Possibly Required) 5 Filed: 3/28/2013, Entered: None
NOTICE of Entry of Appearance of counsel by John S. Most on behalf of Al Klein, Ken Salazar, U.S. Office of Surface Mining Reclamation and Enforcement (Most, John) [Transferred from cod on 2/10/2014.] (Entered: 03/28/2013)
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Legal Document (Payment Possibly Required) 4 Filed: 3/26/2013, Entered: None
SUMMONS Returned Executed upon Federal defendant(s) U.S. Office of Surface Mining Reclamation and Enforcement served on 3/6/2013, answer due 5/6/2013. (Ruscavage-Barz, Samantha) [Transferred from cod on 2/10/2014.] (Entered: 03/26/2013)
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Legal Document (Payment Possibly Required) 3 Filed: 2/28/2013, Entered: None Court Filing
SUMMONS issued by Clerk. Magistrate Judge Consent Form attached. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Magistrate Judge Consent Form) (agarc, ) [Transferred from cod on 2/10/2014.] (Entered: 02/28/2013)
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Legal Document (Payment Possibly Required) 2 Filed: 2/27/2013, Entered: None Court Filing
Case assigned to Judge John L. Kane. Text Only Entry. (agarc, ) [Transferred from cod on 2/10/2014.] (Entered: 02/28/2013)
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Legal Document (Payment Possibly Required) 1 Filed: 2/27/2013, Entered: None
COMPLAINT Petition for Review against All Defendants (Filing fee $ 350, Receipt Number 1082-3247349), filed by WildEarth Guardians. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Ruscavage-Barz, Samantha) [Transferred from cod on 2/10/2014.] (Entered: 02/27/2013)
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