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 56 |
Filed: 7/5/2019, Entered: 7/9/2019 |
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OPINION and ORDER - For the reasons described, I adopt the Findings and Recommendation 48 as my own opinion. Plaintiffs' Motion for Leave to File an Amended Complaint 38 is DENIED. IT IS SO ORDERED. DATED this 5th day of July, 2019, by Chief United States District Judge Michael W. Mosman. (peg)
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| 55 |
Filed: 5/16/2019, Entered: 5/16/2019 |
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Response to Objections to Findings & Recommendation. Related document(s): 48 Findings & Recommendation,, 50 Objections to Findings & Recommendation. Filed by All Defendants. (Sheffield, Sarah)
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Request |
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| 54 |
Filed: 4/30/2019, Entered: 4/30/2019 |
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ORDER: GRANTING Defendants' Motion for Extension of Time 52 . The deadline for Defendants' Response to Plaintiffs' Objections to the Findings & Recommendation 50 is extended from 5/2/2019 to 5/16/2019. Ordered by Judge Michael W. Mosman. (kms)
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| 53 |
Filed: 4/23/2019, Entered: 4/23/2019 |
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ORDER by Judge Acosta - REFERRING defendants unopposed motion 52 to extend the deadline to respond to plaintiffs' objections to Findings and Recommendation 48 to the Chief United States District Judge Michael W. Mosman for ruling. (peg)
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| 52 |
Filed: 4/22/2019, Entered: 4/22/2019 |
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Motion for Extension of Time to File a Response to Objection to Findings & Recommendation: Motion for Leave to File Amended Complaint/Petition 38 should be den 48 . Filed by Director of the U.S. Fish and Wildlife Service, Secretary of the U.S. Department of the Interior, U.S. Department of the Interior, U.S. Fish and Wildlife Service. (Attachments: # 1 Proposed Order) (Flax, Meredith)
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Request |
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| 51 |
Filed: 4/22/2019, Entered: 4/22/2019 |
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Notice of Appearance of Meredith Lisa Flax appearing on behalf of Director of the U.S. Fish and Wildlife Service, Secretary of the U.S. Department of the Interior, U.S. Department of the Interior, U.S. Fish and Wildlife Service Filed by on behalf of Director of the U.S. Fish and Wildlife Service, Secretary of the U.S. Department of the Interior, U.S. Department of the Interior, U.S. Fish and Wildlife Service. (Flax, Meredith)
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Request |
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| 50 |
Filed: 4/18/2019, Entered: 4/18/2019 |
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Objections to Findings & Recommendation: Motion for Leave to File Amended Complaint/Petition 38 should be den 48 . Filed by Alliance for the Wild Rockies, Inc., Friends of the Wild Swan Inc. (Bechtold, Timothy)
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Request |
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| 49 |
Filed: 4/11/2019, Entered: 4/11/2019 |
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ORDER by Judge Acosta - REFERRING Findings & Recommendation 48 regarding Motion for Leave to File Amended Complaint 38 to Chief United States District Judge Michael W. Mosman for review and final determination. (peg)
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| 48 |
Filed: 4/10/2019, Entered: 4/11/2019 |
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FINDINGS and RECOMMENDATION - Plaintiffs' Motion for Leave to File Amended Complaint 38 should be DENIED. SCHEDULING ORDER: The Court will refer its Findings and Recommendation to a district judge. Objections, if any, are due by 4/24/19. If no objections are filed, the Findings and Recommendation will go under advisement on that date. If objections are filed, a response is duewithin fourteen (14) days. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement. DATED this 10th day of April, 2019, by United States Magistrate Judge John V. Acosta. (peg)
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Request |
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| 47 |
Filed: 3/29/2019, Entered: 3/29/2019 |
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MINUTES of Proceedings: Motion Hearing held before Judge Acosta regarding Motion for Leave to File an Amended Complaint 38 . Motion is taken under advisement as of 3/29/2019. Timothy Bechtold present as counsel for plaintiff(s). Sarah Sheffield, Ty Bair present as counsel for defendant(s). Court Reporter: Ryan White. Magistrate Judge John V. Acosta presiding. (peg)
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| 46 |
Filed: 3/15/2019, Entered: 3/15/2019 |
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SCHEDULING ORDER by Judge Acosta - SETTING Plaintiffs' Motion for Leave to File an Amended Complaint 38 for oral argument on Friday, March 29, 2019, at 9:30AM, Pacific Time, in Portland, Oregon, Courtroom 11B before Magistrate Judge John V. Acosta. (peg)
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| 45 |
Filed: 2/15/2019, Entered: 2/15/2019 |
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Notice of Attorney Substitution:Attorney Sarah J. Sheffield is substituted as counsel of record in place of Attorney Mele Coleman Filed by All Defendants. (Sheffield, Sarah)
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Request |
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| 44 |
Filed: 11/21/2018, Entered: 11/21/2018 |
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Reply to Motion for Leave to File Amended Complaint/Petition 38 . Filed by Alliance for the Wild Rockies, Inc., Friends of the Wild Swan Inc. (Bechtold, Timothy)
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Request |
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| 43 |
Filed: 11/13/2018, Entered: 11/13/2018 |
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Response in Opposition to Motion for Leave to File Amended Complaint/Petition 38 . Filed by All Defendants. (Coleman, Mele)
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Request |
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| 42 |
Filed: 10/22/2018, Entered: 10/22/2018 |
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ORDER by Judge Acosta - GRANTING defendants' unopposed motion 41 to extend time as follows: (1) Defendants' response to the plaintiffs' motion for leave to file an amended complaint (ECF #38) will now be due on Tuesday, 11/13/18; The motion for leave to amend (ECF #38) will now be taken under advisement as of 11/27/18. (peg)
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| 41 |
Filed: 10/19/2018, Entered: 10/19/2018 |
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Unopposed Motion for Extension of Time to Respond to Plaintiffs' Motion For Leave to File First Amended Complaint. Filed by All Defendants. (Coleman, Mele)
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Request |
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| 40 |
Filed: 10/18/2018, Entered: 10/18/2018 |
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SCHEDULING ORDER by Judge Acosta - Plaintiff's' Motion for Leave to File Amended Complaint/Petition 38 will be taken under advisement as of 11/14/18. If defendants decides not to oppose this motion they are to alert the courtroom deputy, Paul Gale, by email at "paul_gale@ord.uscourts.gov". If defendants do oppose this motion they are to file their opposition on or before 10/31/18. (peg)
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| 39 |
Filed: 10/17/2018, Entered: 10/17/2018 |
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Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Mandate # 37 . A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record and, if necessary, regenerate the Notice of Electronic Filing to all parties: The PDFs attached to the Mandate (# 37 ) were incorrect. The attached Mandate and USCA Order were for a separate matter. The PDFs for entry # 37 will be replaced and notice will be regenerated to all parties. (eo)
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| 38 |
Filed: 10/17/2018, Entered: 10/17/2018 |
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Motion for Leave to File Amended Complaint/Petition . Filed by Alliance for the Wild Rockies, Inc., Friends of the Wild Swan Inc. (Attachments: # 1 Proposed First Amended Complaint) (Bechtold, Timothy)
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| 37 |
Filed: 10/15/2018, Entered: 10/15/2018 |
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MANDATE of USCA for the 9th Circuit, USCA # 18-35572, re Notice of Appeal # 34 . The decision of the District Court is AFFIRMED. (Attachments: # 1 Memorandum) (sss) Modified docket text to correct USCA case number and decision information on 10/17/2018 (eo). (Attachments replaced with corrected PDFs on 10/17/2018) (eo).
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| 36 |
Filed: 8/16/2018, Entered: 8/16/2018 |
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Order from USCA for the 9th Circuit, USCA # 17-35572 re Notice of Appeal 34 . The amicus brief submitted on November 27, 2017 by Center for Biological Diversity, et al. is filed. No paper copies are required at this time. (jtj)
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Filed: 7/13/2017, Entered: 7/13/2017 |
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USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal 34 . Case Appealed to 9th Circuit Court of Appeals Case Number 17-35572 assigned. (jtj)
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| 35 |
Filed: 7/12/2017, Entered: 7/12/2017 |
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Representation Statement re Notice of Appeal 34 . Filed by All Plaintiffs. (Kahn, Gary)
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| 34 |
Filed: 7/12/2017, Entered: 7/12/2017 |
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Notice of Appeal to the 9th Circuit from Opinion, Order,, 31 Filing fee $505 collected; Agency Tracking ID 0979-5075921: . Filed by All Plaintiffs. (Kahn, Gary)
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| 33 |
Filed: 7/11/2017, Entered: 7/11/2017 |
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JUDGMENT - IT IS ORDERED and ADJUDGED that: (1) this action is DISMISSED without prejudice and without costs to any party; (2) pending motions, if any, are DENIED as moot; and (3) all scheduling dates shall be vacated and stricken from the calendar. DATED this 11th day of July, 2017, by United States Magistrate Judge John V. Acosta. (peg)
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| 32 |
Filed: 6/2/2017, Entered: 6/2/2017 |
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SCHEDULING ORDER by Judge Acosta - Plaintiffs may file an Amended Complaint following Chief Judge Mosman's Opinion and Order 31 on or before 6/30/17. (peg)
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| 31 |
Filed: 6/1/2017, Entered: 6/2/2017 |
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OPINION and ORDER - Upon review, I agree with Judge Acosta's recommendation and ADOPT the Findings & Recommendation 22 as my own opinion. Plaintiffs' first eight claims are DISMISSED with leave to renew. Plaintiffs' ninth claim is DISMISSED with prejudice. IT IS SO ORDERED. DATED this 1st day of June, 2017, by Chief United States District Judge Michael W. Mosman. (peg)
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| 30 |
Filed: 4/6/2017, Entered: 4/6/2017 |
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Response to Objections to Findings & Recommendation. Related document(s): 22 Findings & Recommendation,, 27 Objections to Findings & Recommendation,. Filed by All Defendants. (Coleman, Mele)
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| 29 |
Filed: 3/3/2017, Entered: 3/3/2017 |
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ORDER: GRANTING Defendants' Unopposed Motion for Extension of Time to File a Response 28 . Deadline for Defendants' response to Plaintiffs' Objections to the Findings and Recommendations 27 is extended from 3/24/2017 to 4/7/2017. Ordered by Judge Michael W. Mosman. (rs)
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| 28 |
Filed: 3/2/2017, Entered: 3/2/2017 |
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Unopposed Motion for Extension of Time to File a Response to Objection to Findings & Recommendation: Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim 18 should be Granted 22 . Filed by All Defendants. (Coleman, Mele)
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| 27 |
Filed: 2/13/2017, Entered: 2/13/2017 |
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Objections to Magistrate's Findings and Recommendations to Findings & Recommendation: Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim 18 should be Granted 22 . Filed by All Plaintiffs. (Hennessy, Peggy)
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| 26 |
Filed: 1/19/2017, Entered: 1/19/2017 |
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ORDER by Judge Mosman - GRANTING the parties' joint motion 24 to extend the briefing on Findings and Recommendation 22 as follows: (1) Objections to Findings and Recommendation are now due on or before 2/13/2017; (2) Response(s) to any Objections to the Findings and Recommendation will now be due by 3/24/2017; (3) Findings and Recommendation 22 will be taken under advisement by the court as of 3/31/2017. (peg)
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| 25 |
Filed: 1/19/2017, Entered: 1/19/2017 |
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ORDER by Judge Acosta - REFERRING to Chief Judge Michael W. Mosman the parties' joint motion 24 that requests an extension of the briefing schedule regarding Findings and Recommendation 22 . (peg)
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| 24 |
Filed: 1/18/2017, Entered: 1/18/2017 |
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Joint Motion for Extension of Time to File an Objection to 22 , Motion for Extension of Time to File a Response to Objection to Findings & Recommendation: Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim 18 should be Granted 22 . Filed by Alliance for the Wild Rockies, Inc., Friends of the Wild Swan Inc. (Bechtold, Timothy)
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| 23 |
Filed: 1/5/2017, Entered: 1/5/2017 |
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ORDER by Judge Acosta - REFERRING Findings and Recommendation 22 regarding Motion to Dismiss 18 to the Honorable Michael W. Mosman for review and final determination. (peg)
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| 22 |
Filed: 1/5/2017, Entered: 1/5/2017 |
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FINDINGS and RECOMMENDATION - Defendants motion 18 should be GRANTED and the Complaint dismissed in its entirety. The Findings and Recommendation will be referred to a district judge for review. Objections, if any, are due January 23, 2017. If no objections are filed, then the Findings and Recommendation will go under advisement on that date. If objections are filed, then a response is due within fourteen (14) days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement. DATED this 5th day of January, 2017, by United States Magistrate Judge John V. Acosta. (peg)
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| 21 |
Filed: 9/14/2016, Entered: 9/14/2016 |
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Reply in Support to Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim 18 . Filed by All Defendants. (Coleman, Mele)
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| 20 |
Filed: 8/15/2016, Entered: 8/15/2016 |
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Response in Opposition to Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim 18 . Filed by Alliance for the Wild Rockies, Inc., Friends of the Wild Swan Inc. (Bechtold, Timothy)
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| 19 |
Filed: 7/20/2016, Entered: 7/20/2016 |
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SCHEDULING ORDER by Judge Acosta - Defendants' motion to dismiss 18 shall be taken under advisement as of 10/3/16. Plaintiffs' response is due on or before 8/15/16; Defendants' reply will be due no later than 9/15/16. (peg)
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| 18 |
Filed: 7/15/2016, Entered: 7/15/2016 |
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Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim. Filed by All Defendants. (Coleman, Mele)
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| 17 |
Filed: 7/1/2016, Entered: 7/1/2016 |
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ORDER by Judge Acosta - Based on the Court's Scheduling Order 16 , which granted the parties Joint Motion to Approve Stipulated Litigation Plan and for Issuance of a Scheduling Order, the Court STRIKES the Discovery completion deadline, as well as the joint ADR and PTO filing deadlines. (peg)
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| 16 |
Filed: 7/1/2016, Entered: 7/1/2016 |
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ORDER by Judge Acosta - GRANTING the parties Joint Motion 15 to Approve Stipulated Litigation Plan and for Issuance of a Scheduling Order as follows: (I) Defendants will file a Motion to Dismiss on or before 7/15/16. (II) Plaintiffs shall have 30 days to file their Response to the Motion to Dismiss, and (III) Defendants shall have 30 days to file their Reply. (IV) If any claims survive Defendants Motion to Dismiss, those claims should be resolved through cross-motions for summary judgment according to the following schedule: (1) Defendants will lodge the Administrative Record (AR) within 30 days of the Courts resolution of Defendants Motion to Dismiss. (2) If Plaintiffs have concerns about the sufficiency of the AR and the parties in good faith attempt to, but cannot, resolve these concerns informally, Plaintiffs will file a motion seeking to supplement the AR within 45 days after the lodging of the AR. (3) Plaintiffs will file a Motion for Summary Judgment (MSJ) within 45 days of the lodging of the AR, or the resolution of any motions practice resulting from any disagreement over the AR. (4) Defendants will file a combined Opposition to Plaintiffs MSJ and Cross-MSJ within 45 days of Plaintiffs filing of their MSJ. (5) Plaintiffs will file a combined Opposition to Defendants Cross-MSJ and Reply in support of their MSJ within 30 days of Defendants filing of their Opposition and Cross-MSJ. (6) Defendants will file a Reply in support of their Cross-Motion for Summary Judgment within 30 days of Plaintiffs filing of their Opposition. (peg)
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| 15 |
Filed: 6/29/2016, Entered: 6/29/2016 |
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Joint Motion to Approve Stipulated Litigation Plan and for Issuance of a Scheduling Order. Filed by All Defendants. (Attachments: # 1 Proposed Order) (Coleman, Mele)
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| 14 |
Filed: 5/26/2016, Entered: 5/26/2016 |
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Notification of CM/ECF Account for Attorney Jack R. Tuholske (Pro Hac Vice admission). Your login is: jrtuholske. Go to the CM/ECF login page to set your password. (ecp)
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| 13 |
Filed: 5/26/2016, Entered: 5/26/2016 |
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ORDER: Granting Application for Special Admission Pro Hac Vice of Jack R. Tuholske for Alliance for the Wild Rockies, Inc. and Friends of the Wild Swan Inc. Application Fee in amount of $300 collected. Receipt No. 0979-4621012 issued. Signed on 5/26/2016 by Magistrate Judge John V. Acosta. (ecp)
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| 12 |
Filed: 5/25/2016, Entered: 5/25/2016 |
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Motion for Leave to Appear Pro Hac Vice for Attorney Jack R. Tuholske . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-4621012. Filed by All Plaintiffs. (Hennessy, Peggy)
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| 11 |
Filed: 5/17/2016, Entered: 5/17/2016 |
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Notice of Appearance of Mele Coleman appearing on behalf of All Defendants Filed by on behalf of All Defendants (Coleman, Mele)
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| 10 |
Filed: 5/10/2016, Entered: 5/10/2016 |
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Notice of Case Assignment to Magistrate Judge John V. Acosta and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 9/7/2016. Joint Alternate Dispute Resolution Report is due by 10/7/2016. Pretrial Order is due by 10/7/2016. Ordered by Magistrate Judge John V. Acosta. (ecp)
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| 9 |
Filed: 4/26/2016, Entered: 4/26/2016 |
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Notification of CM/ECF Account for Attorney Timothy M. Bechtold (Pro Hac Vice admission). Your login is: tmbechtold. Go to the CM/ECF login page to set your password. (ecp)
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| 8 |
Filed: 4/26/2016, Entered: 4/26/2016 |
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ORDER: Granting Application for Special Admission Pro Hac Vice of Timothy M. Bechtold for Alliance for the Wild Rockies, Inc. and Friends of the Wild Swan Inc. Application Fee in amount of $300 collected. Receipt No. 0979-4577148 issued. Signed on 4/26/2016 by Magistrate Judge John V. Acosta. (ecp)
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| Save 25% on a pre-paid one year subscription. |
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| 7 |
Filed: 4/25/2016, Entered: 4/25/2016 |
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Corporate Disclosure Statement . Filed by All Plaintiffs. (Hennessy, Peggy)
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| 6 |
Filed: 4/25/2016, Entered: 4/25/2016 |
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Summons Issued Electronically as to Director of the U.S. Fish and Wildlife Service, Secretary of the U.S. Department of the Interior, U.S. Department of the Interior, U.S. Fish and Wildlife Service. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (ecp)
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| 5 |
Filed: 4/22/2016, Entered: 4/22/2016 |
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Proposed Summons for all defendants Filed by All Plaintiffs. (Hennessy, Peggy)
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| 4 |
Filed: 4/22/2016, Entered: 4/22/2016 |
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Notice of Case Reassignment: This case has been reassigned from Judge Anna J. Brown to Magistrate Judge John V. Acosta. (eo)
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| 3 |
Filed: 4/21/2016, Entered: 4/21/2016 |
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Motion for Leave to Appear Pro Hac Vice for Attorney Timothy Bechtold . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-4577148. Filed by All Plaintiffs. (Kahn, Gary)
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Request |
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| 2 |
Filed: 4/21/2016, Entered: 4/21/2016 |
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Civil Cover Sheet regarding Complaint, 1 . Filed by All Plaintiffs. (Kahn, Gary)
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| 1 |
Filed: 4/19/2016, Entered: 4/19/2016 |
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Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-4574775 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: No. Filed by Alliance for the Wild Rockies, Inc., Friends of the Wild Swan Inc against All Defendants. (Kahn, Gary)
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