Tucson Herpetologicl, et al v. Kempthorne, et al
||January 13, 2004
||US District Court for the District of Arizona
||Phoenix Division Office
||Neil V Wake
|Nature of Suit:
|Cause of Action:
||16 U.S.C. § 1538 Endangered Species Act
|Jury Demanded By:
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|September 28, 2006
ORDER that Plas' Motion to Vacate Portions of the August 30, 2005 Order, 84 and Plas' Motion for Entry of Final Judgment, 85 are denied. FURTHER ORDERED that the provision of the court's previous order, 68 that directs the clerk to terminate the action is vacated and this case is re-opened. Case Reopened. FURTHER ORDERED that Pla may file a supplemental complaint by October 26, 2006, pursuant to Federal Rule of Civil Procedure 15(d) challenging the 2006 Finding on grounds n ot rejected in the court's previous orders. Dfts shall file aresponsive pleading within the time provided by Federal Rule of Civil Procedure 12(a)(1). FURTHER ORDERED that if Plas fail to file a supplemental complaintwithin the time permitted by this Order, any challenges to the 2006 Finding shall be deemed abandoned and a final judgment will be entered thereafter.FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedure25(d)(1), Dft Dick Kempthorne is substituted for Gale Norton as Secretary of theInterior, and Defendant H. Dale Hall is substituted for Matthew Hogan as Director of the U.S. Fish and Wildlife Service. Dirk Kempthorne, and H. Dale Hall added. Gale Norton terminated.. Signed by Judge Neil V Wake on 9/27/06. (KMG, )
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