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 75 |
Filed: 2/20/2003, Entered: 2/20/2003 |
Order |
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Stipulated Order: It is stipulated that defendant shall pay plaintiff $70,000 in full settlement of plaintiff's claims for attorney fees and costs in this case. Signed 2/20/03 by Judge Ancer L.Haggerty. (md, )
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 Request |
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| 74 |
Filed: 12/2/2002, Entered: 12/2/2002 |
Judgment* |
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Judgment:It is ordered and adjudged (A)The U.S. Forest Service is hereby enjoined from implementing the portion of the June 26, 2000 Decision Notice and Finding of No Significant Impact for the Noxious Weed Control Project on the Malheur National Forest that involves the use or application of herbicides and biological controls until and unless it considers, evaluates and discloses in an Environmental Impact Statement or Supplemental Environmental Impact Statement the individual and cumulative impacts of herbicide use in accordance with this Court's Opinion and Order. Any such EIS must evaluate categories of new information since the 1988 Managing Competing and Unwanted Vegetation Plan Environmental Impact Statement was issued, including: (1) the causes and increasing spread of noxious weeds, (and the contribution of certain management activities, such as cattle grazing, to the introduction and spread of noxious weeds); (2) evidence of the neuro and immuno-toxicity of herbicides; (3) toxic effects and increased susceptibility of amphibians to herbicide impacts; (4) endocrine disruption caused by herbicides; (5) effects from additives to herbicide full formulations including the impacts from surfactants; (6) metabolites, the breakdown product of herbicides; and (7) the availability of new species-specific herbicides.(B).This injunction shall not preclude the manual removal of noxious weeds on the Malheur National Forest.(C).Plaintiff's claim pursuant to the National Forest Management Act is dismissed without prejudiceSigned 12/2/02 by Judge Ancer L.Haggerty. (md, )
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Request |
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| 73 |
Filed: 11/7/2002, Entered: 11/7/2002 |
Notice of Change of Address |
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Notice of Address Change. Filed by Blue Mountains Biodiversity Project. (rtrb, )
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Request |
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| 72 |
Filed: 9/27/2002, Entered: 10/1/2002 |
Objection |
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Objection(s) to Defendants' Proposed Judgment. Filed by Blue Mountains Biodiversity Project. (Related document(s)[70]) (rtrb, )
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Request |
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| 71 |
Filed: 9/27/2002, Entered: 9/27/2002 |
Objection |
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Objection(s) to Plaintiff's Proposed Judgment. Filed by all defendants. (rtrb, )
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Request |
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| 70 |
Filed: 9/20/2002, Entered: 9/27/2002 |
Notice |
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Notice of Filing of Proposed Judgment. Filed by all defendants. (rtrb, )
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Request |
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| 69 |
Filed: 9/6/2002, Entered: 9/6/2002 |
Opinion |
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Opinion & Order : It is ordered that plantiff's motion for summary judgment (#32) is granted in party and defendants' motion for summary judgment (#45) is denied. Entry of judgment is stayed pending the parties' compliance with the following instruction. Counsel for the parties shall attempt to draft a joint proposed judgment in this matter. The proposed judgment should be submitted to the court not later than September 27,2002 with a computer disk containing the proposal formatted for WordPerfect. If parties can't agree, each side shall submit a proposed judgment by September 20,2002. Objections to these proposals must be filed by September 27,2002.by Judge Ancer L.Haggerty. Signed 9/6/02 (Related document(s)[32], [45]) (md, )
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Request |
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| 68 |
Filed: 7/1/2002, Entered: 7/11/2002 |
Motion Hearing |
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CIVIL MINUTES:Record of Hearing on motions for summary judgment. Motions for summary judgment taken under advisement. (Related documents(s) [45]) Ordered by Judge Ancer L.Haggery. Counsel Present for Plaintiff: Jamie Jefferson, Julia Olson. Counsel Present for Defendant: Sara Himmelhoch; Valerie Black. Court Reporter: Nancy Walker. (md, )
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| 67 |
Filed: 6/7/2002, Entered: 6/7/2002 |
Motion Hearing |
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CIVIL MINUTES:Record of notification to counsel that oral argument for the summary judgment motions is scheduled for Monday, July 1,2002 at 2:30pm before Judge Ancer L.Haggerty. (There might be some confusion on which date this argument was set by reading the previous minute order) Ordered by Judge Ancer L.Haggerty. (md, )
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| 66 |
Filed: 5/24/2002, Entered: 5/28/2002 |
Notice of Change of Address |
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Notice of Address Change for Counsel for Defendant. Filed by all defendants. (lam, )
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Request |
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| 65 |
Filed: 5/15/2002, Entered: 5/15/2002 |
Scheduling |
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CIVIL MINUTES:Record of Order setting plaintiffs' motion for summary judgment and defendants'motions for summary judgment for oral argument on July 1,2002 at 2:00pm beforeJudge Ancer L. Haggerty. Oral Argument set for 7/1/2002 at 02:00PM. (Related documents(s) [44], [45]) Ordered by Judge Ancer L.Haggerty. (md, ) Modified on 5/15/2002 (md, ).
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| 64 |
Filed: 5/10/2002, Entered: 5/13/2002 |
Motion |
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Motion (filed as Request for Oral Argument). Filed by Blue Mountains Biodiversity Project. (lam, )
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Request |
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| 63 |
Filed: 4/18/2002, Entered: 4/22/2002 |
Notice |
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Errata to Plaintiff's Memorandum in Reply to Defendants' Motion for Summary Judgment. Filed by Blue Mountains Biodiversity Project. (Related document(s)[55]) (lam, )
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Request |
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| 62 |
Filed: 4/17/2002, Entered: 4/18/2002 |
Declaration |
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Declaration of George Wooten in Support of Plaintiff's Motion for Summary Judgment. Filed by Blue Mountains Biodiversity Project. (Related document(s)[32]) (lam, )
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Request |
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| 61 |
Filed: 4/8/2002, Entered: 4/15/2002 |
Certificate Of Service. |
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Certificate of Service. Filed by Blue Mountains Biodiversity Project. (Related document(s)[57], [58], [59], [60]) (lam, )
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Request |
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| 60 |
Filed: 4/8/2002, Entered: 4/11/2002 |
Declaration |
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Declaration of Linda Driskill in Support of Plaintiff's Motion for Summary Judgment. Filed by Blue Mountains Biodiversity Project. (Related document(s)[32]) (lam, )
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Request |
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| 59 |
Filed: 4/8/2002, Entered: 4/11/2002 |
Declaration |
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Declaration of George Wooten in Support of Plaintiff's Motion for Summary Judgment. Filed by Blue Mountains Biodiversity Project. (Related document(s)[32]) (lam, )
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Request |
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| 58 |
Filed: 4/8/2002, Entered: 4/11/2002 |
reply to motion |
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Reply to Motion for Summary Judgment. Filed by Blue Mountains Biodiversity Project. (Related motion(s)[45]) (lam, )
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Request |
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| 57 |
Filed: 4/8/2002, Entered: 4/9/2002 |
reply to motion |
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Reply to Motion Defendants' Reply in Support of Their Motion for Summary Judgment. Filed by all defendants. (Related motion(s)[45]) (lam, )
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Request |
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| 56 |
Filed: 3/15/2002, Entered: 3/21/2002 |
Certificate Of Service. |
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Certificate of Service. Filed by Blue Mountains Biodiversity Project. (Related document(s)[53], [54], [55], [52]) (lam, )
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Request |
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| 55 |
Filed: 3/15/2002, Entered: 3/21/2002 |
Memorandum in Opposition |
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Memorandum in Opposition to Defendants' Motion for Summary Judgment. Filed by Blue Mountains Biodiversity Project. (Related motion(s)[45]) (lam, )
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Request |
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| 54 |
Filed: 3/15/2002, Entered: 3/21/2002 |
Response |
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Response to Defendants' Statement of Material Facts. Filed by Blue Mountains Biodiversity Project. (Related document(s)[47]) (lam, )
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Request |
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| 53 |
Filed: 3/15/2002, Entered: 3/15/2002 |
Response |
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Response to Plaintiffs' Statement of Facts. Filed by all defendants. (Related document(s)[34]) (peg, )
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Request |
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| 52 |
Filed: 3/15/2002, Entered: 3/15/2002 |
Response to Motion |
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Response to Motion , filed as, "Defendants' Brief in Opposition to Plaintiffs' Motion for Summary Judgment". Filed by all defendants. (Related motion(s)[32]) (peg, )
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Request |
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| 51 |
Filed: 2/21/2002, Entered: 2/21/2002 |
Scheduling |
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CIVIL MINUTES:Record of Order granting defendants' unopposed motion for extension of time tofile response to summary judgment to March l5,2002 and replies to April 8,2002. Response to Dispositive Motions due by 3/15/2002. Replies to Dispositive Motions due by 4/8/2002. (Related documents(s) [32], [45]) Ordered by Judge Ancer L. Haggerty. (md, )
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| 50 |
Filed: 2/20/2002, Entered: 2/21/2002 |
Memorandum in Support |
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Memorandum in Support of Defendants' Unoppossed Motion for Extension of Time. Filed by all defendants. (Related document(s)[49]) (lam, )
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Request |
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| 49 |
Filed: 2/20/2002, Entered: 2/21/2002 |
Motion for Extension of Time |
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Unopposed Motion for Extension of Time. Filed by all defendants. (lam, )
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Request |
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| 48 |
Filed: 2/6/2002, Entered: 2/6/2002 |
Motion Hearing |
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CIVIL MINUTES:Record of Order granting defendants' motion to substitute filing - memorandum in support of motion (w/ corrected certificate of service) and statement of facts (w/ corrected certificate of service). (Related documents(s) [44]) Ordered by Judge Ancer L.Haggerty. (md, )
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| 47 |
Filed: 2/5/2002, Entered: 2/6/2002 |
Concise Statement of Material Fact |
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Concise Statement of Material Fact. Filed by all defendants. (lam, )
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Request |
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| 46 |
Filed: 2/5/2002, Entered: 2/6/2002 |
Memorandum in Support |
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Memorandum in Support of Defendants' Motion for Summary Judgment. Filed by all defendants. (Related document(s)[45]) (lam, )
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Request |
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| 45 |
Filed: 2/5/2002, Entered: 2/6/2002 |
Motion for Summary Judgment |
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Motion for Summary Judgment. Filed by all defendants. (lam, )
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Request |
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| 44 |
Filed: 2/5/2002, Entered: 2/6/2002, Terminated: 2/6/2002 |
Motion |
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Motion to Substitute Filing. Filed by all defendants. (lam, )
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Request |
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| 43 |
Filed: 2/4/2002, Entered: 2/5/2002 |
Declaration |
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Declaration of Caroline Cox in Support of Plaintiff's Motion for Summary Judgment. Filed by Blue Mountains Biodiversity Project. (Related document(s)[32]) (lam, )
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Request |
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| 42 |
Filed: 2/1/2002, Entered: 2/4/2002 |
Report |
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Defendants' Statement of Material Facts. Filed by all defendants. (lam, )
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Request |
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| 41 |
Filed: 2/1/2002, Entered: 2/4/2002 |
Memorandum |
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Memorandum in Support of Defendants' Motion for Summary Judgment. Filed by all defendants. (lam, )
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Request |
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| 40 |
Filed: 2/1/2002, Entered: 2/1/2002 |
Certificate Of Service. |
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Certificate of Service of documents 32-39 regarding plaintiffs' motion for summary judgment. Filed by all plaintiffs. (Related document(s)[32]) (md, )
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Request |
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| 39 |
Filed: 2/1/2002, Entered: 2/1/2002 |
Declaration |
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Declaration of Julia A.Olson in support of plaintiff's motion for summary judgment. Filed by all plaintiffs. (Related document(s)[32]) (md, )
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Request |
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| 38 |
Filed: 2/1/2002, Entered: 2/1/2002 |
Declaration |
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Declaration of Caroline Cox iin support of plaintiff's motion for summary judgment. Filed by all plaintiffs. (Related document(s)[32]) (md, )
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Request |
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| 37 |
Filed: 2/1/2002, Entered: 2/1/2002 |
Declaration |
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Declaration of Joy Belsky,PHD in support of plaintiff's motion for summary judgment. Filed by all plaintiffs. (Related document(s)[32]) (md, )
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Request |
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| 36 |
Filed: 2/1/2002, Entered: 2/1/2002 |
Declaration |
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Declaration of Ksren Coulter in support of plaintiff's motion for summary judgment. Filed by all plaintiffs. (Related document(s)[32]) (md, )
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Request |
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| 35 |
Filed: 2/1/2002, Entered: 2/1/2002 |
Declaration |
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Declaration of Asante Riverwind in support of plaintiffs' motion for summary judgment. Filed by all plaintiffs. (Related document(s)[32]) (md, )
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Request |
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| 34 |
Filed: 2/1/2002, Entered: 2/1/2002 |
Concise Statement of Material Fact |
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Concise Statement of Material Fact. Filed by all plaintiffs. (md, )
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Request |
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| 33 |
Filed: 2/1/2002, Entered: 2/1/2002 |
Memorandum in Support |
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Memorandum in Support of plaintiffs' motion for summary judgment. Filed by all plaintiffs. (Related document(s)[32]) (md, )
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Request |
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| 32 |
Filed: 2/1/2002, Entered: 2/1/2002, Terminated: 9/6/2002 |
Motion for Summary Judgment |
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Motion for Summary Judgment. Filed by all plaintiffs. (md, )
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Request |
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| 31 |
Filed: 1/15/2002, Entered: 1/16/2002 |
Attorney Substitution |
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Notice of Substitution of Attorney Sarah D. Himmelhoch & Jason Cohen in place of Braclay Samford and Adam Issenberg Attorney. Filed by Dale Bosworth, Harv Forsgren, United States Forest Service, Bonnie J. Wood. (lam, )
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Request |
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| 30 |
Filed: 12/5/2001, Entered: 12/6/2001 |
Order on Application for special admission pro hac |
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Order Granting Application for Special Admission Pro Hac Vice of Julia A. Olson for Blue Mountains Biodiversity Project. Receipt number 441107 Signed 12/5/01 by Judge Ancer L. Haggerty. (lam, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 29 |
Filed: 12/5/2001, Entered: 12/5/2001 |
Motion Hearing |
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CIVIL MINUTES:Record of Order vacating the pretrial order date of October 15,2001. The court will set a new pretrial order lodging date if it becomes necessary after thecourt rules on the summary judgment motions. Ordered by Judge Ancer L.Haggerty. (md, )
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| 28 |
Filed: 10/15/2001, Entered: 10/16/2001 |
Certificate Of Service. |
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Certification of Federal Defendant's Noxious Weed Control Project Administrative Record and Certificate of Service. Filed by all defendants. (Related document(s)[17], [18], [19], [20], [21], [22], [23], [24], [25], [26], [27], [16]) (lam, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 27 |
Filed: 10/15/2001, Entered: 10/16/2001 |
Administrative Record |
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Administrative Record Volume 10. Filed by all defendants. (lam, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 26 |
Filed: 10/15/2001, Entered: 10/16/2001 |
Administrative Record |
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Administrative Record Volume 9. Filed by all defendants. (lam, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 25 |
Filed: 10/15/2001, Entered: 10/16/2001 |
Administrative Record |
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Administrative Record Volume 8. Filed by all defendants. (lam, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 24 |
Filed: 10/15/2001, Entered: 10/16/2001 |
Administrative Record |
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Administrative Record Volume 7. Filed by all defendants. (lam, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 23 |
Filed: 10/15/2001, Entered: 10/16/2001 |
Administrative Record |
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Administrative Record Volume 6. Filed by all defendants. (lam, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 22 |
Filed: 10/15/2001, Entered: 10/16/2001 |
Administrative Record |
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Administrative Record Volume 5. Filed by all defendants. (lam, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 21 |
Filed: 10/15/2001, Entered: 10/16/2001 |
Administrative Record |
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Administrative Record Volume 4. Filed by all defendants. (lam, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 20 |
Filed: 10/15/2001, Entered: 10/16/2001 |
Administrative Record |
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Administrative Record Volume 3. Filed by all defendants. (lam, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 19 |
Filed: 10/15/2001, Entered: 10/16/2001 |
Administrative Record |
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Administrative Record Volume 2. Filed by all defendants. (lam, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 18 |
Filed: 10/15/2001, Entered: 10/16/2001 |
Administrative Record |
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Administrative Record Volume 1 of 10. Filed by all defendants. (lam, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 17 |
Filed: 10/15/2001, Entered: 10/16/2001 |
Administrative Record |
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Federal Defendant's Noxious Weed Control Project Administrative Record Index. Filed by all defendants. (lam, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 16 |
Filed: 10/15/2001, Entered: 10/16/2001 |
Notice |
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Notice of Lodging of Administration Record. Filed by all defendants. (lam, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 15 |
Filed: 9/17/2001, Entered: 9/18/2001 |
Certificate Of Service. |
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Certificate of Service. Filed by all plaintiffs. (Related document(s)[14]) (lam, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 14 |
Filed: 9/17/2001, Entered: 9/18/2001 |
Order |
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Joint Stipulation and Order: Defendants shall file its administrative record on or before October l5,2001; Plaintiff shall file any motions to supplement the record and/or motions seeking discovery on or before November 15,2001; Simultaneous motions for summary judgment shall be filed by February 2,2002; responses by February 22,2002 and replies by 3/l5/02. Signed 9/17/01 by Judge Ancer L. Haggerty. (md, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 13 |
Filed: 8/13/2001, Entered: 8/14/2001 |
Notice of Change of Address |
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Notice of Address Change for Jamie B. Jefferson. Filed by Jamie B. Jefferson on behalf of Blue Mountains Biodiversity Project. (lam, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 12 |
Filed: 7/31/2001, Entered: 8/3/2001 |
Return of Service Executed as to USA |
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Return of Service (Federal Defendant) Executed upon Mr. Harv Forsgren, Regional Forester, U.S. Forest Service on 5/16/01 via certified mail. Filed by Jamie B. Jefferson on behalf of Blue Mountains Biodiversity Project. (jlr, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 11 |
Filed: 7/31/2001, Entered: 8/3/2001 |
Return of Service Executed |
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Return of Service Executed upon U.S. Forest Sevice, via certified mail on 5/16/01. Filed by Jamie B. Jefferson on behalf of Blue Mountains Biodiversity Project. (ccs, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 9 |
Filed: 7/31/2001, Entered: 8/1/2001 |
Return of Service Executed as to USA |
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Return of Service (Federal Defendant) Executed upon Anne Venneman, Secretary of Agriculture on 5/16/01 via certified mail.Filed by Gary K. Kahn on behalf of Blue Mountains Biodiversity Project. (jlr, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 8 |
Filed: 7/31/2001, Entered: 8/1/2001 |
Return of Service Executed as to USA |
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Return of Service (Federal Defendant) Executed upon Kristine Olson, U.S. Attorney on 5/16/01 via certified mail.Filed by Gary K. Kahn on behalf of Blue Mountains Biodiversity Project. (jlr, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 7 |
Filed: 7/31/2001, Entered: 8/1/2001 |
Return of Service Executed as to USA |
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Return of Service (Federal Defendant) Executed upon Mr. John Ashcroft, US Dept of Justice on 5/16/01 via certified mail.Filed by Gary K. Kahn on behalf of Blue Mountains Biodiversity Project. (jlr, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 6 |
Filed: 7/31/2001, Entered: 8/1/2001 |
Return of Service Executed as to USA |
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Return of Service (Federal Defendant) Executed upon Mr. Dale Bosworth, Chief on 5/16/01 via certified mail.Filed by Gary K. Kahn on behalf of Blue Mountains Biodiversity Project. (jlr, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 5 |
Filed: 7/31/2001, Entered: 8/1/2001 |
Return of Service Executed as to USA |
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Return of Service (Federal Defendant) Executed upon Ms. Bonnie J. Wood, Forest Supervisor on 5/16/01 via certified mail.Filed by Gary K. Kahn on behalf of Blue Mountains Biodiversity Project. (jlr, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 10 |
Filed: 7/30/2001, Entered: 8/2/2001 |
Description not available |
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Fed. R. Civ. P. 26(a)(1) Agreement. Filed by Jamie B. Jefferson on behalf of Blue Mountains Biodiversity Project. (ccs, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 4 |
Filed: 7/23/2001, Entered: 7/25/2001 |
Answer |
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Answer to Complaint (Related Doc # [1]). Filed by Barclay T. Samford on behalf of all defendants. (lam, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 3 |
Filed: 6/26/2001, Entered: 6/28/2001 |
Attorney Appearance |
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Attorney Appearance: Barclay T. Samford as lead counsel for defendants. Filed by Dale Bosworth, Harv Forsgren, United States Forest Service, Bonnie J. Wood. (lam, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 2 |
Filed: 5/16/2001, Entered: 5/17/2001 |
Discovery Order |
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Discovery and Pretrial Scheduling Order and Notice of Case Assignment: Case assigned to the Honorable Ancer L. Haggerty. Discovery to be completed by 9/13/2001. Joint ADR Report due by 10/15/2001. Pretrial Order due by 10/15/2001. (lam, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 1 |
Filed: 5/16/2001, Entered: 5/17/2001 |
Complaint |
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Complaint against Dale Bosworth, Harv Forsgren, United States Forest Service, Bonnie J. Wood. Filing Fee collected. Receipt #: 437463 issued.Summons issued as to Defendants. Filed by Blue Mountains Biodiversity Project (lam, )
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Request From Archives (Scanning Fees/Delay May Apply) |
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