Wildlands CPR Inc. et al v. United States Forest Service et al

Federal Civil Lawsuit Montana District Court, Case No. 9:10-cv-00104-DWM
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Summary

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Parties
No Logo Friends of the Bitterroot, Inc., Plaintiff

Represented by Hagens Berman Sobol Shapiro LLP

Name Phone Fax E-Mail
Space Jack R. Tuholske +1 406 396 6415 +1 406 728 8445 jtuholske@gmail.com

Represented by WildEarth Guardians

Name Phone Fax E-Mail
Space Sarah A Peters speters@wildearthguardians.org
No Logo Montanans for Quiet Recreation, Inc., Plaintiff
No Logo WildEarth Guardians, Plaintiff
v.
No Logo Dave Meyer, Defendant
No Logo Gloria Manning, Defendant
No Logo Leslie Weldon, Defendant
No Logo United States Forest Service, Defendant

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Beverly F. Li +1 202 353 9213 +1 202 514 8865 beverly.li@usdoj.gov
Space Mark Steger Smith +1 406 657 6101 +6576 657 657 6058 mark.smith3@usdoj.gov
Other Parties
No Logo Idaho State Snowmobile Association, Intervenor
No Logo Montana Snowmobile Association, Intervenor

Represented by Moore Smith Buxton & Turcke, CHTD.

Name Phone Fax E-Mail
Space Paul A. Turcke +1 208 331 1800 +1 208 331 1202 pat@msbtlaw.com

Represented by REEP, BELL & LAIRD, PC

Name Phone Fax E-Mail
Space Robert T. Bell +1 406 541 4100 +5414 541 541 4101 bell@rbl-mt.com
Attributes
Citation Section 42 U.S.C. § 4321
Nature of Suit 893 - Environmental Matters
Timeline
  Entries (86) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 85 Filed: 3/25/2014, Entered: None Court Filing
ORDER denying 79 Motion for Order/Judgment, subject to renewal following the Ninth Circuit Court of Appeals' decision. Signed by Judge Donald W. Molloy on 3/25/2014. (NOS, ) (Entered: 03/25/2014)
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Legal Document (Payment Possibly Required) 84 Filed: 10/11/2013, Entered: None
NOTICE by Friends of the Bitterroot, Inc., Montanans for Quiet Recreation, Inc., Wildlands CPR Inc. (Peters, Sarah) (Entered: 10/11/2013)
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Legal Document (Payment Possibly Required) 83 Filed: 4/30/2013, Entered: None
NOTICE by Gloria Manning, Dave Meyer, United States Forest Service, Leslie Weldon re 81 Response to Motion of Supplemental Authority (Attachments: # 1 Exhibit) (Li, Beverly) (Entered: 04/30/2013)
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Legal Document (Payment Possibly Required) 82 Filed: 2/13/2013, Entered: None
REPLY to Response to Motion re 79 First MOTION for Order/Judgment to enforce remand filed by Wildlands CPR Inc.. (Attachments: # 1 Exhibit Exhibit 1) (Tuholske, Jack) (Entered: 02/13/2013)
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Legal Document (Payment Possibly Required) 81 Filed: 1/28/2013, Entered: None
RESPONSE to Motion re 79 First MOTION for Order/Judgment to enforce remand filed by Gloria Manning, Dave Meyer, United States Forest Service, Leslie Weldon. (Li, Beverly) (Entered: 01/28/2013)
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Legal Document (Payment Possibly Required) 80 Filed: 1/15/2013, Entered: None
Notice of Correction: re 79 First MOTION for Order/Judgment to enforce remand. The filing error relates to: Incorrect Docket Event used. See the attached document for a brief description of the error made. (BAW, ) (Entered: 01/15/2013)
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Legal Document (Payment Possibly Required) 79 Filed: 1/14/2013, Entered: None
First MOTION for Order/Judgment to enforce remand Sarah A Peters appearing for Plaintiffs Friends of the Bitterroot, Inc., Montanans for Quiet Recreation, Inc., Wildlands CPR Inc. (Attachments: # 1 motion to enforce remand) (Peters, Sarah) (Entered: 01/14/2013)
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Legal Document (Payment Possibly Required) 78 Filed: 11/16/2012, Entered: None
NOTICE by Gloria Manning, Dave Meyer, United States Forest Service, Leslie Weldon re 66 Order Dismissing Case,,,, 76 Order, Terminate Motions,,,, of Satisfaction of Remand Order (Attachments: # 1 Exhibit 1- Final Supplemental Environmental Impact Statement, # 2 Exhibit 2- Forest Service Determination to Affirm Revised Forest Plan) (Li, Beverly) (Entered: 11/16/2012)
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Blank 77 Filed: 10/24/2012, Entered: None
MANDATE of USCA as to 70 Notice of Cross Appeal: The defendants unopposed motion for voluntary dismissal of the cross-appeal is granted. Case No. 12-35451 is dismissed. (ASG, ) (Entered: 10/24/2012)
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Legal Document (Payment Possibly Required) 76 Filed: 10/15/2012, Entered: None Court Filing
ORDER re 72 MOTION for Extension of Time to File Notice of Completion of Additional Analysis and Update of Revised Forest Plan filed by Gloria Manning, United States Forest Service, Leslie Weldon, Dave Meyer. Motions terminated: 72 MOTION for Extension of Time to File Notice of Completion of Additional Analysis and Update of Revised Forest Plan filed by Gloria Manning, United States Forest Service, Leslie Weldon, Dave Meyer. Signed by Judge Donald W. Molloy on 10/15/2012. (dle) (Entered: 10/15/2012)
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Legal Document (Payment Possibly Required) 75 Filed: 10/12/2012, Entered: None
REPLY to Response to Motion re 72 MOTION for Extension of Time to File Notice of Completion of Additional Analysis and Update of Revised Forest Plan filed by Gloria Manning, Dave Meyer, United States Forest Service, Leslie Weldon. (Li, Beverly) (Entered: 10/12/2012)
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Legal Document (Payment Possibly Required) 74 Filed: 10/1/2012, Entered: None
RESPONSE to Motion re 72 MOTION for Extension of Time to File Notice of Completion of Additional Analysis and Update of Revised Forest Plan filed by Friends of the Bitterroot, Inc., Montanans for Quiet Recreation, Inc., Wildlands CPR Inc.. (Peters, Sarah) (Entered: 10/01/2012)
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Legal Document (Payment Possibly Required) 73 Filed: 9/27/2012, Entered: None
AFFIDAVIT/DECLARATION re 72 MOTION for Extension of Time to File Notice of Completion of Additional Analysis and Update of Revised Forest Plan Fifth Declaration of Jan Bowey by Gloria Manning, Dave Meyer, United States Forest Service, Leslie Weldon. (Li, Beverly) (Entered: 09/27/2012)
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Legal Document (Payment Possibly Required) 72 Filed: 9/27/2012, Entered: None
MOTION for Extension of Time to File Notice of Completion of Additional Analysis and Update of Revised Forest Plan Beverly F. Li appearing for Defendants Gloria Manning, Dave Meyer, United States Forest Service, Leslie Weldon (Attachments: # 1 Text of Proposed Order) (Li, Beverly) (Entered: 09/27/2012)
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Legal Document (Payment Possibly Required) 71 Filed: 6/6/2012, Entered: None
USCA Time Scheduling Order as to 70 Notice of Cross Appeal filed by Gloria Manning, United States Forest Service, Leslie Weldon, Dave Meyer. (BAW, ) (Entered: 06/06/2012)
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Legal Document (Payment Possibly Required) 70 Filed: 6/1/2012, Entered: None
NOTICE OF CROSS APPEAL as to 66 Order Dismissing Case,,,, 67 Clerk's Judgment by Gloria Manning, Dave Meyer, United States Forest Service, Leslie Weldon. (Attachments: # 1 Supplement Representation Statement) (Li, Beverly) (Entered: 06/01/2012)
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Legal Document (Payment Possibly Required) 69 Filed: 5/31/2012, Entered: None
USCA Time Scheduling Order as to 68 Notice of Appeal filed by Wildlands CPR Inc. (BAW, ) (Entered: 05/31/2012)
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Legal Document (Payment Possibly Required) 68 Filed: 5/30/2012, Entered: None
NOTICE OF APPEAL by Wildlands CPR Inc.. Filing fee $ 455, receipt number 0977-1071532. (Attachments: # 1 Supplement) (Tuholske, Jack) (Entered: 05/30/2012)
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Legal Document (Payment Possibly Required) 67 Filed: 4/2/2012, Entered: None
CLERK'S JUDGMENT. (ASG, ) (Entered: 04/02/2012)
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Blank 66 Filed: 4/2/2012, Entered: None Court Filing
ORDER CLOSING CASE. IT IS HEREBY ORDERED that Defendants' and Defendant-Intervenors' motions for summary judgment 35 and 39 are GRANTED as to Plaintiffs' first and third claims for relief. Plaintiffs' motion for summary judgment 26 is GRANTED in part and DENIED in part as to their second claim for relief. It is GRANTED insofar as the Forest Service must apply the B.D. 11644 minimization criteria to specific snowmobile routes where specific routes are designated and it is DENIED in all other aspects. All other aspects of Plaintiffs' second claim for relief are GRANTED in favor of the Defendants and Defendant-Intervenors. IT IS FURTHER ORDERED that this case is remanded to the Forest Service for the limited purpose of applying the minimization criteria mandated by E.O. 11644 at the route-specific level where specific snowmobile routes are designated. The Forest Service shall perform this analysis and update the Revised Forest Plan by September 30,2012. A failure to do so will result in the suspension of the winter travel management portion of the Revised Forest Plan as of October 1, 2012. Signed by Judge Donald W. Molloy on 4/2/2012. (ASG, ) (Entered: 04/02/2012)
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Legal Document (Payment Possibly Required) 65 Filed: 10/3/2011, Entered: None
REPLY to Response to Motion re 39 Cross MOTION for Summary Judgment filed by Idaho State Snowmobile Association, Montana Snowmobile Association. (Turcke, Paul) (Entered: 10/03/2011)
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Legal Document (Payment Possibly Required) 64 Filed: 10/3/2011, Entered: None
AFFIDAVIT/DECLARATION re 61 Response to Motion, 63 Reply to Response to Motion by Gloria Manning, Dave Meyer, United States Forest Service, Leslie Weldon. (Li, Beverly) (Entered: 10/03/2011)
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Legal Document (Payment Possibly Required) 63 Filed: 10/3/2011, Entered: None
REPLY to Response to Motion re 35 Cross MOTION for Summary Judgment filed by Gloria Manning, Dave Meyer, United States Forest Service, Leslie Weldon. (Attachments: # 1 Exhibit A) (Li, Beverly) (Entered: 10/03/2011)
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Legal Document (Payment Possibly Required) 62 Filed: 10/3/2011, Entered: None
AFFIDAVIT/DECLARATION re 61 Response to Motion of James O'Neil by Gloria Manning, Dave Meyer, United States Forest Service, Leslie Weldon. (Li, Beverly) (Entered: 10/03/2011)
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Legal Document (Payment Possibly Required) 61 Filed: 10/3/2011, Entered: None
RESPONSE to Motion re 43 MOTION to Strike Declaration filed by Gloria Manning, Dave Meyer, United States Forest Service, Leslie Weldon. (Li, Beverly) (Entered: 10/03/2011)
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Legal Document (Payment Possibly Required) 60 Filed: 9/22/2011, Entered: None
REVISED Plaintiffs' Opposition to Defendants' and Intervenors Motions for Summary Judgment 35 and 39 and in Reply on Plaintiffs' Motion for Summary Judgment 26 (Tuholske, Jack) Modified on 9/23/2011 to add links and better describe documents. (ASG, ). (Entered: 09/22/2011)
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Legal Document (Payment Possibly Required) 59 Filed: 9/22/2011, Entered: None
REVISED Brief in Support re 26 MOTION for Summary Judgment by Plaintiff Wildlands CPR Inc. (Tuholske, Jack) Modified on 9/23/2011 to better describe document.(ASG, ). (Entered: 09/22/2011)
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Legal Document (Payment Possibly Required) 58 Filed: 9/22/2011, Entered: None
FILED IN ERROR, DOCUMENT TO BE REFILED - Brief/Memorandum in Support re 51 Order to Strike,,,,,,, REVISED, Brief/Response to Order filed by Wildlands CPR Inc.. (Tuholske, Jack) Modified on 9/22/2011 to reflect that Counsel called to advise that this document was filed in error and they will refile. (ASG, ). (Entered: 09/22/2011)
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Legal Document (Payment Possibly Required) 57 Filed: 9/22/2011, Entered: None
REVISED Brief/Memorandum in Support re 43 MOTION to Strike Declaration filed by Wildlands CPR Inc. (Tuholske, Jack) Modified on 9/23/2011 to better describe document. (ASG, ). (Entered: 09/22/2011)
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Legal Document (Payment Possibly Required) 56 Filed: 9/22/2011, Entered: None
FILED IN ERROR, DOCUMENT TO BE REFILED - Brief/Memorandum in Support re 51 Order to Strike, 26 MOTION for Summary Judgment REVISED, Brief/Response to Order filed by Wildlands CPR Inc.. (Tuholske, Jack) Modified on 9/22/2011 to reflect that Counsel called and will be refiling a corrected version of this document. (ASG, ). (Entered: 09/22/2011)
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Legal Document (Payment Possibly Required) 55 Filed: 9/20/2011, Entered: None
Statement of Undisputed Fact re: 35 Cross MOTION for Summary Judgment by Gloria Manning, Dave Meyer, United States Forest Service, Leslie Weldon filed by Gloria Manning, Dave Meyer, United States Forest Service, Leslie Weldon. (Li, Beverly) (Entered: 09/20/2011)
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Legal Document (Payment Possibly Required) 54 Filed: 9/20/2011, Entered: None
RESPONSE to Motion re 35 Cross MOTION for Summary Judgment, 26 MOTION for Summary Judgment, Brief/Memorandum in Support (Corrected) filed by Gloria Manning, Dave Meyer, United States Forest Service, Leslie Weldon. (Li, Beverly) . (Entered: 09/20/2011)
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Legal Document (Payment Possibly Required) 53 Filed: 9/19/2011, Entered: None
Statement of Undisputed Fact re: 52 Response to Motion,. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Turcke, Paul) (Entered: 09/19/2011)
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Legal Document (Payment Possibly Required) 52 Filed: 9/19/2011, Entered: None
RESPONSE to Motion re 26 MOTION for Summary Judgment /Memo in Support of Intervenors' Cross-Motion for Summary Judgment filed by Idaho State Snowmobile Association, Montana Snowmobile Association. (Attachments: # 1 Exhibit A) (Turcke, Paul) (Entered: 09/19/2011)
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Legal Document (Payment Possibly Required) 51 Filed: 9/15/2011, Entered: None Court Filing
ORDER TO STRIKE re 27 Plaintiffs' Opening Summary Judgment Brief, 31 Federal Defendants' Opening/Response Summary Judgment Brief, 32 Federal Defendants' Statement of Undisputed Fact, 36 Defendant-Intervenors' Opening/Response Summary Judgment Brief, 37 Defendant-Intervenors' Statement of Undisputed Facts, 42 Plaintiffs' Response/Reply Summary Judgment Brief, 45 Plaintiffs' Brief in Support of Motion to Strike. The parties shall re-file the stricken documents on or before September 22, 2011. It is further ordered that the Federal Defendants' motion for an extension of time to file a brief in opposition to the Plaintiffs' Motion to Strike 48 is GRANTED. The Federal Defendants shall have until October 3, 2011, to file a response to the motion to strike. Signed by Judge Donald W. Molloy on 9/15/2011. (ASG, ) (Entered: 09/15/2011)
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Legal Document (Payment Possibly Required) 50 Filed: 9/12/2011, Entered: None
NOTICE by Wildlands CPR Inc. re 45 Brief/Memorandum in Support Certificate of Compliance (Tuholske, Jack) (Entered: 09/12/2011)
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Legal Document (Payment Possibly Required) 49 Filed: 9/12/2011, Entered: None
REVISED DECLARATION of Patrick McKenna in Support re 42 Plaintiffs' Opposition to Defendants' and Intervenors Motions for Summary Judgment 35 and 39 and in Reply on Plaintiffs' Motion for Summary Judgment 26 (Tuholske, Jack) Modified on 9/13/2011 to better describe document. (ASG, ). (Entered: 09/12/2011)
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Legal Document (Payment Possibly Required) 48 Filed: 9/7/2011, Entered: None
Consent MOTION for Extension of Time to File Response/Reply as to 43 MOTION to Strike Declaration Beverly F. Li appearing for Defendants Gloria Manning, Dave Meyer, United States Forest Service, Leslie Weldon (Attachments: # 1 Text of Proposed Order) (Li, Beverly) (Entered: 09/07/2011)
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Legal Document (Payment Possibly Required) 47 Filed: 9/6/2011, Entered: None
DECLARATION of Allan Schein in Support re 42 Plaintiffs' Opposition to Defendants' and Intervenors Motions for Summary Judgment 35 and 39 and in Reply on Plaintiffs' Motion for Summary Judgment 26 filed by Wildlands CPR Inc.. (Tuholske, Jack) Modified on 9/7/2011 to better describe document. (ASG, ). (Entered: 09/06/2011)
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Legal Document (Payment Possibly Required) 46 Filed: 9/6/2011, Entered: None
DECLARATION of John Glove in Support re Plaintiffs' Opposition to Defendants' and Intervenors Motions for Summary Judgment 35 and 39 and in Reply on Plaintiffs' Motion for Summary Judgment 26 filed by Wildlands CPR Inc.. (Attachments: # 1 Supplement Certificate of Service) (Tuholske, Jack) Modified on 9/7/2011 to better describe document. (ASG, ). (Entered: 09/06/2011)
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Legal Document (Payment Possibly Required) 45 Filed: 9/1/2011, Entered: None
STRICKEN per Order 45 - Brief/Memorandum in Support re 43 MOTION to Strike Declaration of Jan M. Bowey (Third) filed by Wildlands CPR Inc.. (Tuholske, Jack) Modified on 9/16/2011 to reflect stricken. (ASG, ). (Entered: 09/01/2011)
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Legal Document (Payment Possibly Required) 44 Filed: 9/1/2011, Entered: None
Statement of Genuine Issues re: 38 Statement of Genuine Issues filed by Wildlands CPR Inc.. (Tuholske, Jack) (Entered: 09/01/2011)
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Legal Document (Payment Possibly Required) 43 Filed: 9/1/2011, Entered: None
MOTION to Strike Declaration Jack R. Tuholske appearing for Plaintiff Wildlands CPR Inc. (Attachments: # 1 Supplement Brief in Support of Motion to Strike, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B) (Tuholske, Jack) (Entered: 09/01/2011)
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Legal Document (Payment Possibly Required) 42 Filed: 8/31/2011, Entered: None
STRICKEN per Order 51 - Plaintiffs' Opposition to Defendants' and Intervenors Motions for Summary Judgment 35 and 39 and in Reply on Plaintiffs' Motion for Summary Judgment 26 . (Attachments: # 1 Supplement Certificate of Service) (Tuholske, Jack) Modified on 9/1/2011 to better describe document and create associated document links.(ASG, ). Modified on 9/16/2011 to reflect stricken. (ASG, ). (Entered: 08/31/2011)
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Legal Document (Payment Possibly Required) 41 Filed: 8/17/2011, Entered: None Court Filing
ORDER granting 40 Motion for Extension of Time to File Response/Reply re: 35 Cross MOTION for Summary Judgment, and 39 Cross MOTION for Summary Judgment. Responses due by 8/31/2011. Replies due by 10/3/2011. Motions ripe 8/31/2011. Signed by Judge Donald W. Molloy on 8/17/2011. (dle) (Entered: 08/17/2011)
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Legal Document (Payment Possibly Required) 40 Filed: 8/12/2011, Entered: None
Unopposed MOTION for Extension of Time to File Response/Reply Jack R. Tuholske appearing for Plaintiff Wildlands CPR Inc. (Attachments: # 1 Text of Proposed Order Proposed Order) (Tuholske, Jack) (Entered: 08/12/2011)
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Legal Document (Payment Possibly Required) 39 Filed: 7/25/2011, Entered: None
Cross MOTION for Summary Judgment Paul A. Turcke appearing for Intervenor Parties Idaho State Snowmobile Association, Montana Snowmobile Association (Attachments: # 1 Text of Proposed Order) (Turcke, Paul) (Entered: 07/25/2011)
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Legal Document (Payment Possibly Required) 38 Filed: 7/25/2011, Entered: None
Statement of Genuine Issues re: 37 Statement of Undisputed Fact. (Turcke, Paul) (Entered: 07/25/2011)
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Legal Document (Payment Possibly Required) 37 Filed: 7/25/2011, Entered: None
STRICKEN per Order 51 - Statement of Undisputed Fact re: 36 Response to Motion, Brief/Memorandum in Support,,. (Attachments: # 1 Exhibit Exhibit A) (Turcke, Paul) Modified on 9/16/2011 to reflect stricken.(ASG, ). (Entered: 07/25/2011)
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Legal Document (Payment Possibly Required) 36 Filed: 7/25/2011, Entered: None
STRICKEN per Order 51 - RESPONSE to Motion re 26 MOTION for Summary Judgment, Brief/Memorandum in Support of Intervenors' Cross-Motion for Summary Judgment filed by Idaho State Snowmobile Association, Montana Snowmobile Association. (Attachments: # 1 Exhibit Exhibit A) (Turcke, Paul) Modified on 9/16/2011 to reflect stricken. (ASG, ). (Entered: 07/25/2011)
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Legal Document (Payment Possibly Required) 35 Filed: 7/19/2011, Entered: None
Cross MOTION for Summary Judgment Beverly F. Li appearing for Defendants Gloria Manning, Dave Meyer, United States Forest Service, Leslie Weldon (Attachments: # 1 Text of Proposed Order) (Li, Beverly) (Entered: 07/19/2011)
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Legal Document (Payment Possibly Required) 34 Filed: 7/18/2011, Entered: None
AFFIDAVIT/DECLARATION re 11 Notice (Other), 23 Notice (Other), Notice (Other) Third Declaration of Jan Bowey Certifying Additional Administrative Record Documents by Gloria Manning, Dave Meyer, United States Forest Service, Leslie Weldon. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Li, Beverly) (Entered: 07/18/2011)
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Legal Document (Payment Possibly Required) 33 Filed: 7/18/2011, Entered: None
Statement of Genuine Issues re: 29 Statement of Undisputed Fact filed by Gloria Manning, Dave Meyer, United States Forest Service, Leslie Weldon. (Li, Beverly) (Entered: 07/18/2011)
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Legal Document (Payment Possibly Required) 32 Filed: 7/18/2011, Entered: None
STRICKEN per Order 51 - Statement of Undisputed Fact re: 31 Response to Motion by Gloria Manning, Dave Meyer, United States Forest Service, Leslie Weldon filed by Gloria Manning, Dave Meyer, United States Forest Service, Leslie Weldon. (Li, Beverly) Modified on 9/16/2011 to reflect stricken. (ASG, ). (Entered: 07/18/2011)
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Legal Document (Payment Possibly Required) 31 Filed: 7/18/2011, Entered: None
STRICKEN per Order 51 - RESPONSE to Motion re 26 MOTION for Summary Judgment and BRIEF/MEMORANDUM in Support re 35 Cross-Motion for Summary Judgment filed by Gloria Manning, Dave Meyer, United States Forest Service, Leslie Weldon. (Li, Beverly) Modified on 7/19/2011 to add relationship to document 35 and add Brief/Memo in Support language. (ASG, ). Modified on 9/16/2011 to reflect stricken. (ASG, ). (Entered: 07/18/2011)
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Legal Document (Payment Possibly Required) 30 Filed: 6/28/2011, Entered: None
NOTICE by Wildlands CPR Inc. of Filing Standing Declarations (Attachments: # 1 Affidavit McKenna Declaration, # 2 Affidavit Walder Declaration, # 3 Affidavit Campbell Declaration, # 4 Supplement Certificate of Service) (Tuholske, Jack) (Entered: 06/28/2011)
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Legal Document (Payment Possibly Required) 29 Filed: 6/17/2011, Entered: None
Corrected Statement of Undisputed Fact re: 28 Notice (Other) by Wildlands CPR Inc. filed by Wildlands CPR Inc.. (Tuholske, Jack) Modified on 6/20/2011 to add the word "corrected" (ASG, ). (Entered: 06/17/2011)
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Legal Document (Payment Possibly Required) 28 Filed: 6/17/2011, Entered: None
NOTICE by Wildlands CPR Inc. Filing corrected Statement of Material Facts (Tuholske, Jack) (Entered: 06/17/2011)
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Legal Document (Payment Possibly Required) 27 Filed: 6/8/2011, Entered: None
STRICKEN per Order 51 - Brief in Support re 26 MOTION for Summary Judgment by Plaintiff Wildlands CPR Inc. (Attachments: # 1 Supplement Statement of Facts, # 2 Supplement Certificate of Service) (Tuholske, Jack) Modified on 6/9/2011 to rename document as this document is not a Motion and to create relationship to Motion 26 . (ASG, ). Modified on 9/16/2011 to reflect stricken. (ASG, ). (Entered: 06/08/2011)
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Legal Document (Payment Possibly Required) 26 Filed: 6/8/2011, Entered: None
MOTION for Summary Judgment Jack R. Tuholske appearing for Plaintiff Wildlands CPR Inc. (Tuholske, Jack) (Entered: 06/08/2011)
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Legal Document (Payment Possibly Required) 25 Filed: 5/3/2011, Entered: None Court Filing
ORDER granting 24 Motion for Extension of Time to File. Signed by Judge Donald W. Molloy on 5/3/2011. (dle) (Entered: 05/03/2011)
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Legal Document (Payment Possibly Required) 24 Filed: 4/28/2011, Entered: None
MOTION for Extension of Time to File Opening Brief Jack R. Tuholske appearing for Plaintiff Wildlands CPR Inc. (Attachments: # 1 Proposed Order) (Tuholske, Jack) (Entered: 04/28/2011)
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Legal Document (Payment Possibly Required) 23 Filed: 4/15/2011, Entered: None
NOTICE by Gloria Manning, Dave Meyer, United States Forest Service, Leslie Weldon of Lodging of Supplemental Record (Attachments: # 1 Exhibit A, Decl. of Jan Bowey, # 2 Exhibit B, Decl. of Deirdre S. St. Louis) (Bosshardt, Stacey) Modified on 4/15/2011 to reflect that these documents were received and placed on the shelf in the Clerk's Office. (ASG, ). (Entered: 04/15/2011)
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Legal Document (Payment Possibly Required) 22 Filed: 3/21/2011, Entered: None Court Filing
ORDER granting 19 Motion to Appear Pro Hac Vice for Attorney Paul A. Turcke for Idaho State Snowmobile Association, and Paul A. Turcke for Montana Snowmobile Association. Signed by Judge Donald W. Molloy on 3/21/2011. (dle) (Entered: 03/21/2011)
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Legal Document (Payment Possibly Required) 21 Filed: 3/18/2011, Entered: None
Brief/Response to Order re 18 Order Setting to Show Cause filed by Gloria Manning, Dave Meyer, United States Forest Service, Leslie Weldon. (Li, Beverly) (Entered: 03/18/2011)
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Legal Document (Payment Possibly Required) 20 Filed: 3/18/2011, Entered: None Court Filing
Brief/Response to Order of Judge Molloy filed by Wildlands CPR Inc.. (Tuholske, Jack) (Entered: 03/18/2011)
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Legal Document (Payment Possibly Required) 19 Filed: 3/15/2011, Entered: None
MOTION Paul A. Turcke to Appear Pro Hac Vice ( Filing fee $ 250 receipt number MTX9-4155.) Robert T. Bell appearing for Intervenor Parties Idaho State Snowmobile Association, Montana Snowmobile Association (Attachments: # 1 Affidavit of Paul A. Turcke, # 2 Text of Proposed Order) (Bell, Robert) (Additional attachment(s) added on 3/15/2011: # 3 Corrected Motion with signature) (ASG, ). (Entered: 03/15/2011)
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Legal Document (Payment Possibly Required) 18 Filed: 2/18/2011, Entered: None Court Filing
Order Setting: Show Cause simultaneous briefs response due by 3/18/2011. Signed by Judge Donald W. Molloy on 2/18/2011. (dle) (Entered: 02/18/2011)
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Legal Document (Payment Possibly Required) 17 Filed: 2/18/2011, Entered: None
NOTICE of Appearance by Sarah Peters on behalf of All Plaintiffs (Peters, Sarah) (Entered: 02/18/2011)
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Legal Document (Payment Possibly Required) 16 Filed: 2/16/2011, Entered: None Court Filing
ORDER re 9 Joint Case Management Plan setting the following schedule: Administrative record due 2/22/11; motions to supplement due 3/15/11; motion to amend pleadings due 3/22/11; plaintiffs' motion for summary judgment due 5/16/11; Federal Defendants' cross motion for summary judgment due 7/1/11; intervenors' Cross Motions due by 7/8/11, plaintiffs' response due 8/8/11; Federal defendants' reply due 9/9/11; IT IS FURTHER ORDERED that documents filed with the court shall use only commonly understood acronyms, such as NEPA, NFMA, ESA and EIS. Signed by Judge Donald W. Molloy on 2/16/2011. (BAW, ) (Entered: 02/16/2011)
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Legal Document (Payment Possibly Required) 15 Filed: 2/15/2011, Entered: None
NOTICE of Appearance by Mark Steger Smith on behalf of All Defendants (Smith, Mark) (Entered: 02/15/2011)
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Legal Document (Payment Possibly Required) 14 Filed: 2/14/2011, Entered: None
NOTICE by Gloria Manning, Dave Meyer, United States Forest Service, Leslie Weldon of Pending, Related Case (Bosshardt, Stacey) (Entered: 02/14/2011)
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Legal Document (Payment Possibly Required) 13 Filed: 2/9/2011, Entered: None
Intervenor Snowmobile Associations' ANSWER to 1 Complaint by Idaho State Snowmobile Association, Montana Snowmobile Association. (Bell, Robert) (Entered: 02/09/2011)
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Legal Document (Payment Possibly Required) 12 Filed: 2/9/2011, Entered: None Court Filing
ORDER granting 4 Motion to Intervene. Signed by Judge Donald W. Molloy on 2/9/2011. (dle) (Entered: 02/09/2011)
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Legal Document (Payment Possibly Required) 11 Filed: 1/14/2011, Entered: None
NOTICE by Gloria Manning, Dave Meyer, United States Forest Service, Leslie Weldon of Lodging Administrative Record (Attachments: # 1 Exhibit A (Declaration of Jan Bowey)) (Li, Beverly) (Entered: 01/14/2011)
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Legal Document (Payment Possibly Required) 10 Filed: 12/15/2010, Entered: None
RESPONSE to Motion re 4 MOTION to Intervene filed by Wildlands CPR Inc.. (Tuholske, Jack) (Entered: 12/15/2010)
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Legal Document (Payment Possibly Required) 9 Filed: 12/14/2010, Entered: None
JOINT CASE MANAGEMENT PLAN by Wildlands CPR Inc.. (Tuholske, Jack) (Entered: 12/14/2010)
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Legal Document (Payment Possibly Required) 8 Filed: 11/26/2010, Entered: None
NOTICE by Wildlands CPR Inc. of Case Management Order (Tuholske, Jack) (Entered: 11/26/2010)
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Legal Document (Payment Possibly Required) 7 Filed: 11/23/2010, Entered: None
ANSWER to 1 Complaint (Corrected) by Gloria Manning, Dave Meyer, United States Forest Service, Leslie Weldon. (Li, Beverly) (Entered: 11/23/2010)
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Legal Document (Payment Possibly Required) 6 Filed: 11/22/2010, Entered: None
ANSWER to 1 Complaint by Gloria Manning, Dave Meyer, United States Forest Service, Leslie Weldon. (Li, Beverly) Modified on 11/22/2010 to reflect that Counsel Li was called and a voicemail was left asking her to fix the signature of this document to comply with the local rules and to refile.(ASG, ). (Entered: 11/22/2010)
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Legal Document (Payment Possibly Required) 5 Filed: 11/19/2010, Entered: None
Brief/Memorandum in Support re 4 MOTION to Intervene. (ASG, ) (Entered: 11/19/2010)
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Legal Document (Payment Possibly Required) 4 Filed: 11/19/2010, Entered: None
MOTION to Intervene by Snowmobile Associations. (ASG, ) (Additional attachment(s) added on 11/19/2010: # 1 Declaration of Robbie Holman in Support of Motion to Intervene, # 2 Declaration of Sandra Mitchell in Support of Motion to Intervene, # 3 Proposed Answer) (ASG, ). (Entered: 11/19/2010)
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Legal Document (Payment Possibly Required) 3 Filed: 9/14/2010, Entered: None Court Filing
Order Setting: A Case Management Plan shall be filed on or before 12/15/2010. Signed by Judge Donald W. Molloy on 9/14/2010. (dle) (Entered: 09/14/2010)
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Legal Document (Payment Possibly Required) 2 Filed: 9/7/2010, Entered: None
Summons Issued as to Gloria Manning, Dave Meyer, United States Forest Service, Leslie Weldon; given to counsel Tuholske at clerk's office. (NOS, ) (Entered: 09/07/2010)
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Blank 1 Filed: 9/7/2010, Entered: None
COMPLAINT (Filing Fee $350 pd; receipt number MTX9-40869) against All Defendants, filed by Wildlands CPR Inc., Friends of the Bitterroot, Inc., Montanans for Quiet Recreation, Inc.. (Attachments: # 1 Civil Cover Sheet) (NOS, ) (Entered: 09/07/2010)
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Blank 66 Filed: 4/3/2012, Entered: None Court Filing
ORDER CLOSING CASE. IT IS HEREBY ORDERED that Defendants' and Defendant-Intervenors' motions for summary judgment 35 and 39 are GRANTED as to Plaintiffs' first and third claims for relief. Plaintiffs' motion for summary judgme nt 26 is GRANTED in part and DENIED in part as to their second claim for relief. It is GRANTED insofar as the Forest Service must apply the B.D. 11644 minimization criteria to specific snowmobile routes where specific routes are designated and it i s DENIED in all other aspects. All other aspects of Plaintiffs' second claim for relief are GRANTED in favor of the Defendants and Defendant-Intervenors. IT IS FURTHER ORDERED that this case is remanded to the Forest Service for the limited purp ose of applying the minimization criteria mandated by E.O. 11644 at the route-specific level where specific snowmobile routes are designated. The Forest Service shall perform this analysis and update the Revised Forest Plan by September 30,2012. A failure to do so will result in the suspension of the winter travel management portion of the Revised Forest Plan as of October 1, 2012. Signed by Judge Donald W. Molloy on 4/2/2012. (ASG, )
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