Wilderness Watch et al v. United States Fish and Wildlife Service
| Wilderness Watch, Alliance for the Wild Rockies, Gallatin Wildlife Association and Yellowstone to Uintas Connection |
| United States Fish and Wildlife Service |
| Montana Department of Fish, Wildlife and Parks |
| 9:2023cv00077 |
| June 26, 2023 |
| US District Court for the District of Montana |
| Dana L Christensen |
| Kathleen L DeSoto |
| Donald W Molloy |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on December 1, 2023. A more recent docket listing may be available from PACER.
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Filing 32
ORDER granting #30 MOTION for Extension of Time to File Answer and Joint Case Management Plan. Federal Defendants answer is due on or before September 27, 2023, and the parties' joint case management plan is due on or before October 4, 2023. Under that case management plan, dispositive briefing may resolve no later than March 2024. The Court's August 15, 2023, Order shall remain in full force and effect in all other respects. Signed by Judge Donald W. Molloy on 8/17/2023. (NOS)
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Filing 31
RESPONSE to Motion re #30 MOTION for Extension of Time to File Answer re #29 Order Setting, #1 Complaint and for the Parties to file the Joint Case Management Plan filed by Montana Department of Fish, Wildlife and Parks. (Neill, Alex)
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Filing 30
MOTION for Extension of Time to File Answer re #29 Order Setting, #1 Complaint and for the Parties to file the Joint Case Management Plan. Anthony Ortiz appearing for Defendant United States Fish and Wildlife Service. (Attachments: #1 Text of Proposed Order) (Ortiz, Anthony)
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Filing 29
ORDER. The parties shall file a proposed case management plan on or before September 1, 2023. Signed by Judge Donald W. Molloy on 8/3/2023. (NOS)
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Filing 28
OPINION and ORDER granting Plaintiffs' #6 Motion for Preliminary Injunction. While this action is pending, the Service is ENJOINED from engaging in any Project-related construction activities or other prohibited activity within the Wilderness area. Signed by Judge Donald W. Molloy on 8/2/2023. (NOS)
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Filing 27
MINUTE ENTRY for proceedings before Judge Donald W. Molloy: Motion Hearing held on 7/27/2023 re #6 MOTION for Preliminary Injunction. Counsel Andrew Hursh appearing on behalf of Plaintiffs. DOJ Counsel Davene Walker appearing on behalf of Federal Defendant. Counsel Sarah Clerget and Counsel Alex Neill appearing on behalf of Intervenor Defendant Montana Department of Fish, Wildlife and Parks. Matt Jaeger present at counsel table. Parties heard on motion. The Court takes matters under advisement. Written order forthcoming. Hearing commenced at 1:32 p.m. and concluded at 2:31 p.m. (Court Reporter: Mary Sullivan) (Law Clerk: S. Stephens) (Hearing held in Missoula) (NOS)
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Filing 26
REPLY to Response to Motion re #6 MOTION for Preliminary Injunction filed by Alliance for the Wild Rockies, Gallatin Wildlife Association, Wilderness Watch, Yellowstone to Uintas Connection. (Attachments: #1 Exhibit Garrity Declaration, #2 Exhibit Wolke Declaration) (Hursh, Andrew)
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Filing 25
ANSWER to #1 Complaint by Montana Department of Fish, Wildlife and Parks. (Neill, Alex)
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Filing 24
NOTICE of Appearance by Sarah Montana Clerget on behalf of Montana Department of Fish, Wildlife and Parks (Clerget, Sarah)
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Filing 23
RESPONSE to Motion re #6 MOTION for Preliminary Injunction filed by Montana Department of Fish, Wildlife and Parks. (Attachments: #1 Exhibit MFWP Exhibit A, #2 Exhibit MFWP Exhibit B) (Neill, Alex)
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Filing 22
ORDER granting #17 Motion to Intervene. Montana Fish, Wildlife, and Parks shall re-file its answer as a separate docket entry. IT IS FURTHER ORDERED that Montana Fish, Wildlife and Parks' motion to amend their request for intervention is DENIED (Doc. #20 ). Montana Fish, Wildlife, and Parks may file a response to Plaintiffs' pending motion for preliminary injunctive relief, (see Doc. #6 ), on or before July 21, 2023. However, that response shall not exceed 10 pages in length and may not be duplicative of the brief of, or include attachments already filed by, Plaintiffs or the Service. Montana Fish, Wildlife, and Parks must also work with the Service to determine how to share the allotted twenty minutes of oral argument time. (See Doc. #11 .) Signed by Judge Donald W. Molloy on 7/19/2023. (NOS)
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Filing 21
Brief/Memorandum in Support re #20 MOTION to Amend #17 MOTION to Intervene filed by Proposed Intervenor Montana Department of Fish, Wildlife and Parks. (NOS)
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Filing 20
MOTION to Amend #17 MOTION to Intervene. Counsel Alex M Neill appearing for Proposed Intervenor Montana Department of Fish, Wildlife and Parks. (Attachments: #1 Text of Proposed Order, #2 Proposed Response, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D) (NOS)
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Filing 19
RESPONSE to Motion re #6 MOTION for Preliminary Injunction filed by United States Fish and Wildlife Service. (Attachments: #1 Exhibit Ex. 1 - 2009 Refuge CCP, #2 Exhibit Ex. 2 - Senate Report No. 94-1032, #3 Exhibit Ex. 3 - UMR Conservation Strategy, #4 Exhibit Ex. 4 - 2022 AMP Annual Report, #5 Exhibit Ex. 5 - Bryant Declaration, #6 Exhibit Ex. 6 - Boyd Declaration) (Walker, Davene)
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Filing 18
Brief/Memorandum in Support re #17 MOTION to Intervene filed by Proposed Intervenor Montana Department of Fish, Wildlife and Parks. (NOS)
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Filing 17
MOTION to Intervene. Counsel Alex Neill appearing for Proposed Intervenor Montana Department of Fish, Wildlife and Parks. (Attachments: #1 Notice of Appearance, #2 Proposed Answer, #3 Text of Proposed Order) (NOS)
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Filing 16
Notice of Correction: re 15 Notice of Appearance. The filing error relates to: Document Should Have Been Filed Nonelectronically. See the attached document for a brief description of the error made. (NOS)
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Filing 14
ORDER. IT IS ORDERED that Defendant's response to the pending motion for preliminary injunctive relief (Doc. #6 ) is due on or before July 18, 2023. Plaintiffs' reply, if any, is due on or before July 25, 2023. Signed by Judge Donald W. Molloy on 7/12/2023. (NOS)
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Filing 13
NOTICE of Appearance by Davene Dashawn Walker on behalf of United States Fish and Wildlife Service (Walker, Davene)
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Filing 12
TEXT ORDER. The Defendant having not yet appeared in the case, IT IS ORDERED that Plaintiffs are required to serve a copy of the Court's Order, Doc. #11 , on the Defendant by July 10, 2023. Signed by Judge Donald W. Molloy on 7/5/2023. (NOS)
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Filing 11
ORDER. IT IS ORDERED that a hearing on Plaintiffs' motion for preliminary injunctive relief (Doc. #6 ) is set for July 27, 2023, at 1:30 p.m. at the Russell Smith Federal Courthouse in Missoula, Montana. Signed by Judge Donald W. Molloy on 7/5/2023. Mary Sullivan to report hearing. (NOS)
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Filing 10
Corporate Disclosure Statement by Alliance for the Wild Rockies, Gallatin Wildlife Association, Wilderness Watch, Yellowstone to Uintas Connection. (Hursh, Andrew)
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Filing 9
Proof of Service filed by Alliance for the Wild Rockies, Gallatin Wildlife Association, Wilderness Watch, Yellowstone to Uintas Connection. Service by Certified Mail on 06/30/2023. (Hursh, Andrew)
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Filing 8
ORDER REASSIGNING CASE. Case reassigned to Judge Donald W. Molloy for all further proceedings. Judge Dana L. Christensen no longer assigned to case. Signed by Judge Brian Morris on 6/28/2023. (ACC)
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Magistrate Judge Kathleen L. DeSoto no longer assigned to case. (ACC)
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Filing 7
Brief/Memorandum in Support re #6 MOTION for Preliminary Injunction filed by Alliance for the Wild Rockies, Gallatin Wildlife Association, Wilderness Watch, Yellowstone to Uintas Connection. (Attachments: #1 Exhibit Ex. 1 FONSI-Decision, #2 Exhibit Ex. 2 Nickas Declaration, #3 Exhibit Ex. 3 2021 AMP Report, #4 Exhibit Ex. 4 ESA Finding, #5 Exhibit Ex. 5 Final EA, #6 Exhibit Ex. 6 Time Line, #7 Exhibit Ex. 7 Adaptive Management Plan, #8 Exhibit Ex. 8 Cumulative Management Disturbance, #9 Exhibit Ex. 9 SDM Report, #10 Exhibit Ex. 10 Minimum Requirements Decision Guide, #11 Exhibit Ex. 11 FWS Handbook Wilderness) (Hursh, Andrew)
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Filing 6
MOTION for Preliminary Injunction . Andrew Hursh appearing for Plaintiffs Alliance for the Wild Rockies, Gallatin Wildlife Association, Wilderness Watch, Yellowstone to Uintas Connection. Motions referred to Kathleen L. DeSoto. (Hursh, Andrew)
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Filing 5
Summons Issued as to United States Fish and Wildlife Service, U.S. Attorney and U.S. Attorney General. Issued summons may be downloaded and printed by counsel for service. (APP)
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Filing 4
Submission of Proposed Summons as to United States Fish and Wildlife Service, re #1 Complaint (Hursh, Andrew)
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Filing 3
Submission of Proposed Summons as to United States Fish and Wildlife Service, re #1 Complaint (Hursh, Andrew)
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Filing 2
Submission of Proposed Summons as to United States Fish and Wildlife Service, re #1 Complaint (Hursh, Andrew)
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Filing 1
COMPLAINT against United States Fish and Wildlife Service, filed by Wilderness Watch, Alliance for the Wild Rockies, Yellowstone to Uintas Connection, Gallatin Wildlife Association. (Attachments: #1 Civil Cover Sheet) (TAG)
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Filing fee: $ 402, receipt number AMTDC-3089888 (TAG)
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