MAHLER et al v. UNITED STATES FOREST SERVICE et al
Plaintiff: INDIANA FOREST ALLIANCE INC, SHANE MURPHY, PROTECT OUR WOODS, LINDA LEE, ROBBIE HEINRICH, ANDY MAHLER and HEARTWOOD
Defendant: UNITED STATES FOREST SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE, THOMAS J. VILSACK and RANDY MOORE
Case Number: 4:2024cv00174
Filed: December 16, 2024
Court: U.S. District Court for the Southern District of Indiana
Presiding Judge: Kellie M Barr
Referring Judge: Tanya Walton Pratt
Nature of Suit: Environmental Matters
Cause of Action: 05 U.S.C. § 702 Administrative Procedure Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 10, 2025. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 10, 2025 Opinion or Order Filing 42 ORDER - denying #26 Motion for Preliminary Injunction. The Court agrees with Plaintiffs that damage to the environment is a type of damage that is typically irreparable, however here, the Plaintiffs have not shown imminent, irreparable harm from the remaining Project activities. The Court SUSTAINS in part and OVERRULES in part Defendants' standing objection to the evidence offered by Plaintiffs' at oral argument and DENIES Plaintiffs' Motion for Preliminary Injunction. (See Order.) Signed by Judge Tanya Walton Pratt on 2/10/25. (RSF)
February 4, 2025 Opinion or Order Filing 41 NOTICE of Filing Hoosier National Forest Plan by All Defendants (Attachments: #1 Forest Plan, #2 Administrative Change 17) (Wilson, Reade)
February 3, 2025 Opinion or Order Filing 40 MINUTE ENTRY for proceedings held before Judge Tanya Walton Pratt 2/3/2025: Plaintiffs appeared by counsel Mick Harrison. Defendants appeared by counsel Reade Wilson. Parties appeared for oral argument on Plaintiffs' Motion for Preliminary Injunction (Filing No. #26 ). Evidence entered and argument presented. The motion was taken under advisement. See Order. (Court Reporter David Moxley.)(SMH)
January 31, 2025 Opinion or Order Filing 39 ORDER ON DEFENDANTS' MOTION TO QUASH AND OBJECTION TO PLAINTIFFS' EXTRA-RECORD EVIDENCE - Defendants' Motion to Quash Subpoenas and Preclude Extra-Record Testimony (Filing No. #34 ) is DENIED, and Defendants' Objection to Extra-Record Evidence is OVERRULED. The Court reserves an additional thirty (30) minutes at the beginning of oral argument for the parties to address the admissibility of extra-record evidence; thereafter one hour per side is reserved for oral argument. The oral argument remains set for Monday, February 3, 2025, at 9:00 a.m., in Courtroom 344, United States Courthouse, Indianapolis, Indiana. (See Order.) Signed by Judge Tanya Walton Pratt on 1/31/2025. (JSR)
January 29, 2025 Opinion or Order Filing 38 Statement of Proposed Hearing Agenda by All Plaintiffs. (Harrison, Mick)
January 29, 2025 Opinion or Order Filing 37 Witness List for preliminary injunction hearing, filed by Plaintiffs ANDY MAHLER, LINDA LEE, SHANE MURPHY, ROBBIE HEINRICH, HEARTWOOD, PROTECT OUR WOODS, INDIANA FOREST ALLIANCE INC. (Harrison, Mick)
January 29, 2025 Opinion or Order Filing 36 Exhibit List for preliminary injunction hearing, filed by Plaintiffs ANDY MAHLER, LINDA LEE, SHANE MURPHY, ROBBIE HEINRICH, HEARTWOOD, PROTECT OUR WOODS, INDIANA FOREST ALLIANCE INC. (Harrison, Mick)
January 29, 2025 Opinion or Order Filing 35 OBJECTION to Extra-Record Evidence by All Defendants, Exhibit List for Preliminary Injunction Oral Argument, filed by Defendants UNITED STATES DEPARTMENT OF AGRICULTURE, RANDY MOORE, UNITED STATES FOREST SERVICE, THOMAS J. VILSACK. Related document: #28 Scheduling Order. (Attachments: #1 Exhibit Email from Mick Harrison)(Wilson, Reade)
January 29, 2025 Opinion or Order Filing 34 MOTION to Quash Subpoenas and Preclude Extra-Record Testimony, filed by Defendants UNITED STATES DEPARTMENT OF AGRICULTURE, RANDY MOORE, UNITED STATES FOREST SERVICE, THOMAS J. VILSACK. (Attachments: #1 Exhibit Harriss Subpoena, #2 Exhibit Thornton Subpoena, #3 Exhibit Villalobos Supboena, #4 Exhibit Email from Mick Harrison)(Wilson, Reade)
January 27, 2025 Opinion or Order Filing 33 Submission of one courtesy copy of a flash drive of the Supplemented Administrative Record, filed by Defendant UNITED STATES DEPARTMENT OF AGRICULTURE. (LF)
January 23, 2025 Opinion or Order Filing 32 REPLY in Support of Motion re #26 MOTION for Preliminary Injunction , filed by Plaintiffs ANDY MAHLER, LINDA LEE, SHANE MURPHY, ROBBIE HEINRICH, HEARTWOOD, PROTECT OUR WOODS, INDIANA FOREST ALLIANCE INC. (Harrison, Mick)
January 22, 2025 Opinion or Order Filing 31 Receipt of one Flash Drive re #29 NOTICE of Manual Filing Supplemental Administrative Record re #1 Complaint, filed by All Defendants (Attachments: # 1 Certification, # 2 Index) (Wilson, Reade) (LF)
January 22, 2025 Opinion or Order Filing 30 RESPONSE in Opposition re #26 MOTION for Preliminary Injunction , filed by Defendants UNITED STATES DEPARTMENT OF AGRICULTURE, RANDY MOORE, UNITED STATES FOREST SERVICE, THOMAS J. VILSACK. (Attachments: #1 Exhibit Thornton Supplemental Declaration, #2 Exhibit Heartwood Spring 2024 Newsletter)(Wilson, Reade)
January 21, 2025 Opinion or Order Filing 29 NOTICE of Manual Filing Supplemental Administrative Record re #1 Complaint, filed by All Defendants (Attachments: #1 Certification, #2 Index) (Wilson, Reade)
January 16, 2025 Opinion or Order Filing 28 SCHEDULING ORDER - This matter is before the Court on Plaintiffs' Motion for Preliminary Injunction (Filing No. 26). Having reviewed the briefing schedule adopted by the Magistrate Judge, this matter is scheduled for oral argument on Monday, February 3, 2025 at 9:00 a.m. in Courtroom 344, United States Courthouse, Indianapolis, Indiana. Parties are to submit witness (if any), and exhibit lists, as well as an agenda for the hearing, on or before January 29, 2025. The Court has reserved two hours for the hearing. Signed by Judge Tanya Walton Pratt on 1/16/2025. (DWH)
January 16, 2025 Opinion or Order Filing 27 ORDER (Marginal Notation) - This Motion for Preliminary Injunction (Dkt. #9 ) is DENIED as moot as a superseding Motion has been filed (Dkt. #26 ). Signed by Judge Tanya Walton Pratt on 1/16/2025. (DWH)
January 15, 2025 Opinion or Order Filing 26 MOTION for Preliminary Injunction , filed by Plaintiffs ANDY MAHLER, LINDA LEE, SHANE MURPHY, ROBBIE HEINRICH, HEARTWOOD, PROTECT OUR WOODS, INDIANA FOREST ALLIANCE INC. (Attachments: #1 Memorandum in Support of Motion for Preliminary Injunction, #2 Exhibit 1 Agency approval for bids and timber sales, #3 Exhibit 2 Proposed federal listing of Tricolored Bat as endangered, #4 Text of Proposed Order)(Harrison, Mick)
January 14, 2025 Opinion or Order Filing 25 ORDER SETTING BRIEFING SCHEDULE ON PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION - The Court has reviewed the Parties' Joint Status Report filed on January 10, 2025. [Dkt. 24.] The Court now adopts the following briefing schedule based on the Parties' Joint Status Report: * Plaintiffs shall file their Motion for Preliminary Injunction by January 15, 2025. That motion will supersede the Plaintiffs' previously filed motion for a preliminary injunction at dkt. #9 . * Defendants shall file their response by January 22, 2025. That response will supersede the Defendants' previously filed response at dkt. #13 . * Plaintiffs shall file their reply brief (unless reply is waived) by January 23, 2025. The Court will set a hearing on the Motion for Preliminary Injunction in due course. Signed by Magistrate Judge Kellie M. Barr on 01/14/2025. (AJG)
January 10, 2025 Opinion or Order Filing 24 STATUS REPORT by All Parties. (Harrison, Mick)
January 6, 2025 Opinion or Order Filing 23 MARGINAL ENTRY on #20 Status Report - Counsel are ORDERED to again meet and confer and file an updated status report no later than January 10, 2025, proposing new briefing and hearing dates based on their update and the timing now at issue. SEE ENTRY. Signed by Magistrate Judge Kellie M. Barr on 1/6/2025.(JRB)
December 31, 2024 Opinion or Order Filing 22 Receipt of two copies of Flash Drive re #21 NOTICE of Manual Filing Administrative Record re #1 Complaint, filed by All Defendants (Attachments: # 1 Certification, # 2 Index) (Wilson, Reade)-Rec'd in NA Division. (LF)
December 30, 2024 Opinion or Order Filing 21 NOTICE of Manual Filing Administrative Record re #1 Complaint, filed by All Defendants (Attachments: #1 Certification, #2 Index) (Wilson, Reade)
December 27, 2024 Opinion or Order Filing 20 STATUS REPORT by All Parties. (Wilson, Reade)
December 23, 2024 Opinion or Order Filing 19 MINUTE ORDER for proceedings held before Magistrate Judge Kellie M. Barr: The Parties, by counsel, appeared for a Telephonic Status Conference on December 23, 2024, with Magistrate Judge Kellie M. Barr. This conference was held on an expedited basis because of Plaintiffs' Motion for Preliminary Injunction. [Dkt. 9.] At the conference, the Court and counsel discussed a discovery plan, briefing schedule, and timing preferred for a hearing on Plaintiffs' Motion for a Preliminary Injunction. The Court now ORDERS the following: * The Parties do not agree on the scope of discovery necessary or allowed given that this is a case brought under the Administrative Procedure Act but also that Plaintiffs have filed a Motion for Preliminary Injunction. The Court ORDERS counsel to conduct research to find applicable case law and then MEET AND CONFER regarding the appropriate scope of discovery in this case at this time; The Parties are ordered to file a joint status report on December 27, 2024, setting forth the Parties' joint position (or competing positions if they do not agree) regarding the appropriate scope of discovery necessary to fully brief Plaintiffs' Motion for Preliminary Injunction for the Court's consideration. The report shall also set forth a proposed briefing schedule and hearing date(s) (or competing schedules or hearing date(s) if they do not agree) for Plaintiffs' Motion for Preliminary Injunction; and Defendants shall file the administrative record for this case no later than December 31, 2024. Due to the nature of the issues being considered and the apparent urgency with which the Parties request the Court to consider them, the Court does not anticipate extending these deadlines absent extraordinary circumstances or by agreement of the Parties. Signed by Magistrate Judge Kellie M. Barr. (MJL)
December 23, 2024 Opinion or Order Filing 17 ORDER SETTING STATUS CONFERENCE - Telephonic Status Conference set for 12/23/2024 at 03:00 PM (Eastern Time) before Magistrate Judge Kellie M. Barr. The Court will contact counsel through the Court's electronic filing system with the call-in information to be used to participate in the conference. Signed by Magistrate Judge Kellie M. Barr on 12/23/2024.(TPS)
December 23, 2024 Opinion or Order Filing 16 ORDER DENYING PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER AND DEFENDANTS' MOTION TO CONVERT - The Court DENIES Plaintiffs' Motion for Temporary Restraining Order (Filing No. #8 ) and DENIES AS MOOT Defendants' Motion to Convert the TRO to a Motion for Preliminary Injunction (Filing No. #12 ). Pursuant to the Court's December 20, 2024 Order (Filing No. #10 ), the parties are DIRECTED to meet with the Magistrate Judge to discuss a discovery plan, briefing schedule, and date and time needed for a hearing on Plaintiffs' separately filed Motion for a Preliminary Injunction. See Order for details. Signed by Judge Tanya Walton Pratt on 12/23/2024. (LBT)
December 21, 2024 Opinion or Order Filing 15 NOTICE of Filing Supplemental Statement in Response to Court Order by All Plaintiffs (Harrison, Mick)
December 21, 2024 Opinion or Order Filing 14 NOTICE of Filing Plaintiffs' Statement in Response to Court Order by All Plaintiffs (Harrison, Mick)
December 21, 2024 Opinion or Order Filing 13 RESPONSE in Opposition re #8 Emergency MOTION for Temporary Restraining Order , #9 MOTION for Preliminary Injunction , filed by Defendants UNITED STATES DEPARTMENT OF AGRICULTURE, RANDY MOORE, UNITED STATES FOREST SERVICE, THOMAS J. VILSACK. (Attachments: #1 Declaration of Christopher Thornton, #2 Declaration of Justin (Travis) Swaim, #3 Declaration of Teresa Villalobos)(Wilson, Reade)
December 20, 2024 Opinion or Order Filing 12 MOTION to Convert Plaintiffs' Motion for Temporary Restraining Order to Motion for Preliminary Injunction, filed by Defendants UNITED STATES DEPARTMENT OF AGRICULTURE, RANDY MOORE, UNITED STATES FOREST SERVICE, THOMAS J. VILSACK. (Wilson, Reade)
December 20, 2024 Opinion or Order Filing 11 NOTICE of Appearance by Reade Wilson on behalf of Defendants UNITED STATES DEPARTMENT OF AGRICULTURE, RANDY MOORE, UNITED STATES FOREST SERVICE, THOMAS J. VILSACK. (Wilson, Reade)
December 20, 2024 Opinion or Order Filing 10 ORDER: This matter is before the Court on Plaintiffs' Motion for a Temporary Restraining Order ("TRO") (Filing No. #8 ), and a Preliminary Injunction (Filing No. #9 ). Parties are to meet with Magistrate Judge Kellie M. Barr to discuss a discovery plan, briefing schedule, and to determine a date for the hearing on preliminary injunctive relief, as well as the estimated time required for such hearing. Counsel for Plaintiffs shall serve a copy of this order on Defendants. The Court will consider the TRO on an expedited basis. However, additional information is needed to determine the urgency with which the Court must resolve the TRO. In light of the forthcoming weekend and federal holiday, Plaintiffs are therefore ORDERED to file, no later than 10:00 a.m. on Saturday, December 21, 2024, a statement identifying any logging, construction, or other alleged action implementing the Paoli Project occurring between the date of this Entry and Monday, December 23, 2024; as well as any logging, construction, or other alleged action implementing the Paoli Project occurring between the date of this Entry and Monday, December 30, 2024. Signed by Judge Tanya Walton Pratt on 12/20/2024.(LF)
December 20, 2024 Opinion or Order Filing 9 MOTION for Preliminary Injunction , filed by Plaintiffs ANDY MAHLER, LINDA LEE, SHANE MURPHY, ROBBIE HEINRICH, HEARTWOOD, PROTECT OUR WOODS, INDIANA FOREST ALLIANCE INC. (Attachments: #1 Text of Proposed Order)(Harrison, Mick)
December 20, 2024 Opinion or Order Filing 8 Emergency MOTION for Temporary Restraining Order , filed by Plaintiffs ANDY MAHLER, LINDA LEE, SHANE MURPHY, ROBBIE HEINRICH, HEARTWOOD, PROTECT OUR WOODS, INDIANA FOREST ALLIANCE INC. (Attachments: #1 Memorandum in Support of Motion for TRO, #2 Exhibit 1, Declaration of Andy Mahler, #3 Exhibit 2, Agency Decision, #4 Exhibit 3, Agency Scoping Letter, #5 Exhibit 4, Agency FONSI Notice, #6 Exhibit 5, Agency Cultural Resources Report, #7 Exhibit 6, Agency Programmatic Agreement, #8 Exhibit 7, Agency prior Cultural Resources Report, #9 Exhibit 8A, Excerpts from Agency EA Report, #10 Exhibit 8B, Excerpts from Agency EA Report, #11 Exhibit 8C, Excerpts from Agency EA Report, #12 Exhibit 9, Agency Biological Evaluation for Endangered Species, #13 Exhibit 10, Agency Biological Evaluation for Cave-Karst, #14 Text of Proposed Order)(Harrison, Mick)
December 17, 2024 Opinion or Order Filing 7 Summons Issued as to All Defendants. (LF)
December 17, 2024 Opinion or Order Filing 6 Notice to File Rule 7.1 Disclosure Statement. (KLS) (LF)
December 17, 2024 Opinion or Order Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LF)
December 16, 2024 Opinion or Order Filing 4 Proposed Summons submitted for issuance by the clerk as to All Defendants. (Harrison, Mick)
December 16, 2024 Opinion or Order Filing 3 Rule 7.1 Disclosure Statement by ANDY MAHLER, LINDA LEE, SHANE MURPHY, ROBBIE HEINRICH, HEARTWOOD INC, PROTECT OUR WOODS, INDIANA FOREST ALLIANCE INC. (Harrison, Mick)
December 16, 2024 Opinion or Order Filing 2 NOTICE of Appearance by Mick G. Harrison on behalf of Plaintiffs ANDY MAHLER, LINDA LEE, SHANE MURPHY, ROBBIE HEINRICH, HEARTWOOD INC, PROTECT OUR WOODS, INDIANA FOREST ALLIANCE INC. (Harrison, Mick)
December 16, 2024 Opinion or Order Filing 1 COMPLAINT against All Defendants, filed by All Plaintiffs. (Filing fee $405, receipt number AINSDC-8464093) (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Harrison, Mick)

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Search for this case: MAHLER et al v. UNITED STATES FOREST SERVICE et al
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Plaintiff: INDIANA FOREST ALLIANCE INC
Represented By: Mick G. Harrison
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Plaintiff: SHANE MURPHY
Represented By: Mick G. Harrison
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Plaintiff: PROTECT OUR WOODS
Represented By: Mick G. Harrison
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Plaintiff: LINDA LEE
Represented By: Mick G. Harrison
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Plaintiff: ROBBIE HEINRICH
Represented By: Mick G. Harrison
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Plaintiff: ANDY MAHLER
Represented By: Mick G. Harrison
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Plaintiff: HEARTWOOD
Represented By: Mick G. Harrison
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Defendant: UNITED STATES FOREST SERVICE
Represented By: Reade Wilson
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Defendant: UNITED STATES DEPARTMENT OF AGRICULTURE
Represented By: Reade Wilson
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Defendant: THOMAS J. VILSACK
Represented By: Reade Wilson
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Defendant: RANDY MOORE
Represented By: Reade Wilson
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