MONROE COUNTY BOARD OF COMMISSIONERS et al v. UNITED STATES FOREST SERVICE et al
| MONROE COUNTY BOARD OF COMMISSIONERS, INDIANA FOREST ALLIANCE INC, HOOSIER ENVIRONMENTAL COUNCIL and FRIENDS OF LAKE MONROE |
| UNITED STATES FOREST SERVICE, Forest Supervisor MICHAEL CHAVEAS, DISTRICT RANGER CHRISTOPHER THORNTON, MICHAEL CHAVEAS and CHRISTOPHER THORNTON |
| 4:2023cv00012 |
| January 25, 2023 |
| U.S. District Court for the Southern District of Indiana |
| Kellie M Barr |
| Tanya Walton Pratt |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on March 29, 2023. A more recent docket listing may be available from PACER.
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Filing 26
ORDER granting #25 Motion to Appear pro hac vice: This cause has come before the Court upon the motion of Matthew R. Arnold, counsel for Plaintiffs Monroe County Board of Commissioners, Indiana Forest Alliance, Hoosier Environmental Council, and Friends of Lake Monroe, for leave to appear and participate pro hac vice in the above-captioned cause only. Being fully advised, it is now ORDERED that the motion be, and hereby is, GRANTED. See order. Signed by Magistrate Judge Kellie M. Barr on 3/15/2023. (LF)
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Filing 25
MOTION for Attorney(s) Matthew R. Arnold to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7545219), filed by Plaintiffs FRIENDS OF LAKE MONROE, HOOSIER ENVIRONMENTAL COUNCIL, INDIANA FOREST ALLIANCE INC, MONROE COUNTY BOARD OF COMMISSIONERS. (Attachments: #1 Text of Proposed Order Granting Motion to Appear Pro Hac Vice)(Arnold, Matthew)
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Filing 24
REPLY in Support of Motion re #20 MOTION for Preliminary Injunction to issue on or before March 31, 2023 , filed by Plaintiffs FRIENDS OF LAKE MONROE, HOOSIER ENVIRONMENTAL COUNCIL, INDIANA FOREST ALLIANCE INC, MONROE COUNTY BOARD OF COMMISSIONERS. (Attachments: #1 Exhibit A - Supplementatl Decl. of Dr. Mitchell-Bruker)(Eubanks II, William)
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Filing 23
RESPONSE in Opposition re #20 MOTION for Preliminary Injunction to issue on or before March 31, 2023 , filed by Defendants MICHAEL CHAVEAS, CHRISTOPHER THORNTON, UNITED STATES FOREST SERVICE. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Final Supplemental Information Report, #3 Exhibit 2 - Declaration of Christopher Thornton (inc. Attachments A, B, C, and D), #4 Exhibit 3 - Declaration of Chad Menke (inc. Attachments B and C), #5 Exhibit 4 - Monroe County Code, Chapter 816, #6 Exhibit 5 - Herald-Times article (June 15, 2021), #7 Exhibit 6 - Indianapolis Star article (January 5, 2023), #8 Exhibit 7 - Herald-Times article (January 31, 2023), #9 Exhibit 8 - Monroe County Budget (2023), excerpts, #10 Exhibit 9 - Monroe County Council Regular Session Summary Minutes (April 14, 2020), excerpts, #11 Exhibit 10 - Monroe County Council Regular Session Summary Minutes (July 12, 2022), excerpts, #12 Exhibit 11 - Hoosier Environmental Council: IRS Form 990 (2020), excerpts, #13 Exhibit 12 - Indiana Forest Alliance: IRS Form 990 (2019), excerpts, #14 Exhibit 13 - Friends of Lake Monroe: IRS Form 990-N (2019))(Tustin, John)
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Filing 22
NOTICE of Errata, filed by Defendants MICHAEL CHAVEAS, CHRISTOPHER THORNTON, UNITED STATES FOREST SERVICE, re #14 NOTICE of Manual Filing. (Attachments: #1 Exhibit 1 - Corrected Index of the Administrative Record for the Supplemental Information Report) (Tustin, John)
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Filing 21
ORDER ON MOTION FOR EXPEDITED BRIEFING SCHEDULE: The Court DENIES Defendants' Motion for Expedited Briefing Schedule to the extent that Defendants request consolidation of briefing and ruling on both the preliminary injunction request and summary judgment. [Dkt. 11.] The Court GRANTS Defendants' request to the extent that it will enter an expedited briefing schedule on Plaintiffs' request for a preliminary injunction. See Order for details. Signed by Magistrate Judge Kellie M. Barr on 2/17/2023. (LF)
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Filing 20
MOTION for Preliminary Injunction to issue on or before March 31, 2023, filed by Plaintiffs FRIENDS OF LAKE MONROE, HOOSIER ENVIRONMENTAL COUNCIL, INDIANA FOREST ALLIANCE INC, MONROE COUNTY BOARD OF COMMISSIONERS. (Attachments: #1 Memorandum in Support, #2 Index of Exhibits, #3 Exhibit 1 - FLM Draft SIR Comments, #4 Exhibit 2 - IFA Draft SIR Comments, #5 Exhibit 3 - Decl. of Dr. Sherry Mitchell-Bruker, #6 Attachment A to Exhibit 3, #7 Exhibit 4 - Decl. of Jeff Stant, #8 Attachment A to Exhibit 4, #9 Attachment B to Exhibit 4, #10 Exhibit 5 - Decl. of Dr. Julie Thomas)(Eubanks II, William)
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Filing 19
MINUTE ENTRY FROM STATUS CONFERENCE The Parties, by counsel, appeared for a telephonic status conference on February 16, 2023, with the Magistrate Judge. The Parties discussed the Defendants' Motion for Entry of Expedited Briefing Schedule, [dkt. #11 ], which remains under advisement. The conference was held and concluded without further order. Signed by Magistrate Judge Kellie M. Barr. (AKW)
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Filing 18
REPLY in Support of Motion re #11 MOTION for Entry of Expedited Briefing Schedule , filed by Defendants MICHAEL CHAVEAS, CHRISTOPHER THORNTON, UNITED STATES FOREST SERVICE. (Tustin, John)
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Filing 17
RESPONSE in Opposition re #11 MOTION for Entry of Expedited Briefing Schedule , filed by Plaintiffs FRIENDS OF LAKE MONROE, HOOSIER ENVIRONMENTAL COUNCIL, INDIANA FOREST ALLIANCE INC, MONROE COUNTY BOARD OF COMMISSIONERS. (Eubanks II, William)
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Filing 15
Receipt of 2 Zip Drives re #14 NOTICE of Manual Filing of Administrative Record re #8 Notice (Other), #1 Complaint, filed by All Defendants (Attachments: # 1 Exhibit 1 - Index of Administrative Record for the Supplemental Information Report, # 2 Exhibit 2 - Indices of Administrative Record from the prior related case, # 3 Exhibit 3 - Designation and Certification of Administrative Record) (Tustin, John). **HARDFILE Built and sent via UPS to NA Division. ** (AKH)
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Filing 14
NOTICE of Manual Filing of Administrative Record re #8 Notice (Other), #1 Complaint, filed by All Defendants (Attachments: #1 Exhibit 1 - Index of Administrative Record for the Supplemental Information Report, #2 Exhibit 2 - Indices of Administrative Record from the prior related case, #3 Exhibit 3 - Designation and Certification of Administrative Record) (Tustin, John)
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Filing 13
ORDER SETTING STATUS CONFERENCE: This case is set for a telephonic status conference with counsel only on February 16, 2023, at 10:00 a.m. (Eastern), before United States Magistrate Judge Kellie M. Barr. The Court will contact counsel by separate email through the Court's electronic filing system with the call-in information to be used to participate in the conference. See Order. Signed by Magistrate Judge Kellie M. Barr on 2/7/2023. (LF)
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Filing 12
NOTICE of Appearance by Shelese M. Woods on behalf of Defendants MICHAEL CHAVEAS, CHRISTOPHER THORNTON, UNITED STATES FOREST SERVICE. (Woods, Shelese)
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Filing 11
MOTION for Entry of Expedited Briefing Schedule, filed by Defendants MICHAEL CHAVEAS, CHRISTOPHER THORNTON, UNITED STATES FOREST SERVICE. (Attachments: #1 Exhibit A - Proposed Briefing Schedule)(Tustin, John)
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Filing 10
NOTICE of Appearance by John Tustin on behalf of Defendants MICHAEL CHAVEAS, CHRISTOPHER THORNTON, UNITED STATES FOREST SERVICE. (Tustin, John)
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Filing 9
Rule 7.1 Disclosure Statement by FRIENDS OF LAKE MONROE, HOOSIER ENVIRONMENTAL COUNCIL, INDIANA FOREST ALLIANCE INC, MONROE COUNTY BOARD OF COMMISSIONERS. (Sipes, W.)
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Filing 8
NOTICE of Related Case, filed by Plaintiffs FRIENDS OF LAKE MONROE, HOOSIER ENVIRONMENTAL COUNCIL, INDIANA FOREST ALLIANCE INC, MONROE COUNTY BOARD OF COMMISSIONERS (Sipes, W.)
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Filing 7
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE: This cause has come before the Court upon the motion of W. Russell Sipes of The Sipes Law Firm PC, seeking an Order granting William S. Eubanks II of Eubanks & Associates, PLLC, leave to appear pro hac vice for the purpose of appearing as counsel on behalf of all Plaintiffs--Monroe County Board of Commissioners, Indiana Forest Alliance, Hoosier Environmental Council, and Friends of Lake Monroe--in the above-styled case only. Being fully advised, it is now ORDERED that the motion be, and hereby is, GRANTED. Mr. Eubanks shall update his contact information with the Clerk's office no later than February 3, 2023. See Order. Signed by Magistrate Judge Kellie M. Barr on 1/27/2023. Copy mailed per Distribution list. (LF)
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Filing 6
Notice to File Rule 7.1 Disclosure Statement. (RAGS) (LF)
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Filing 5
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LF)
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Filing 4
Summons Issued as to MICHAEL CHAVEAS, CHRISTOPHER THORNTON, UNITED STATES FOREST SERVICE, U.S. ATTORNEY GENERAL, U.S. ATTORNEY FOR THE S.D. IND. (LF)
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Filing 3
MOTION for Attorney(s) William S. Eubanks II to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7474864), filed by Plaintiffs FRIENDS OF LAKE MONROE, HOOSIER ENVIRONMENTAL COUNCIL, INDIANA FOREST ALLIANCE INC, MONROE COUNTY BOARD OF COMMISSIONERS. (Attachments: #1 Exhibit Certification in Support of Motion, #2 Exhibit Corporate Disclosure Statement, #3 Exhibit Notice of Related Case, #4 Text of Proposed Order Proposed order on Motion for Admission)(Sipes, W.)
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Filing 2
NOTICE of Appearance by W. Russell Sipes on behalf of Plaintiffs FRIENDS OF LAKE MONROE, HOOSIER ENVIRONMENTAL COUNCIL, INDIANA FOREST ALLIANCE INC, MONROE COUNTY BOARD OF COMMISSIONERS. (Sipes, W.)
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Filing 1
COMPLAINT against All Defendants, filed by All Plaintiffs. (Filing fee $402, receipt number AINSDC-7473547) (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Sipes, W.)
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