NEIGHBORS AGAINST BISON SLAUGHTER et al v. NATIONAL PARK SERVICE et al
| NEIGHBORS AGAINST BISON SLAUGHTER and BONNIE LYNN |
| Sonny Perdue, David Bernhardt, USDA FOREST SERVICE, CAM SHOLLY and National Park Service |
| Confederated Salish and Kootenai Tribes, CONFEDERATED TRIBES AND BANDS OF THE YAKAMA NATION, CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION and NEZ PERCE TRIBE |
| 1:2019cv00128 |
| November 15, 2019 |
| US District Court for the District of Montana |
| Billings Office |
| Susan P Watters |
| Environmental Matters |
| 05 U.S.C. § 551 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on July 29, 2024. A more recent docket listing may be available from PACER.
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Filing 132
STATUS REPORT by David Bernhardt, National Park Service, Sonny Perdue, CAM SHOLLY, USDA FOREST SERVICE. (Alexander, Tyler)
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Filing 131
STATUS REPORT by David Bernhardt, National Park Service, Sonny Perdue, CAM SHOLLY, USDA FOREST SERVICE. (Alexander, Tyler)
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Filing 130
STATUS REPORT by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER. (Attachments: #1 Exhibit Table, #2 Exhibit 1: National Park Service, Status Report on the Yellowstone Bison Population to the Superintendent (Sept. 29, 2022), #3 Exhibit 2: Interagency Bison Management Plan, Fall 2022 IBMP Partners Meeting Draft Meeting Summary (Nov. 30, 2022), #4 Exhibit 3: IBMP, Bison Operations Winter 2022-2023 (Mar. 18, 2023), #5 Exhibit 4: Brett French, Activists decry bison 'hunt' north of Yellowstone National Park, Billings Gazette (Feb. 11, 2023), #6 Exhibit 5: Jeff Zillgitt, Nez Perce Tribe hunter hurt by ricocheted bullet while dressing bison he shot outside Yellowstone, USA Today (Jan. 23, 2023), #7 Exhibit 6: Helena Dore, Nez Perce hunter grazed by stray bullet in Gardiner area, Bozeman Chronicle (Jan. 19, 2023), #8 Exhibit 7: Amanda Eggert, Tribal bison hunter shot north of Yellowstone National Park, Montana Free Press (Jan. 19, 2023), #9 Exhibit 8: Brett French, Tribal bison hunts outside Yellowstone cause controversy, Idaho Press (Feb. 13, 2023), #10 Exhibit 9: Vicki Sielaff, In the Crosshairs, Outside Bozeman (Spring 2023), #11 Exhibit 10: Jane McDonald, 'Bullets are flying, and I'm ducking' Beattie Gulch bison hunt raises safety concerns for nearby residents, KBZK (Feb. 16, 2023)) (Pettinato, Jared)
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Filing 129
STATUS REPORT by David Bernhardt, National Park Service, Sonny Perdue, CAM SHOLLY, USDA FOREST SERVICE. (Alexander, Tyler)
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Filing 128
NOTICE by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER re #125 Notice of Appeal Certificate of No Transcript Request (Pettinato, Jared)
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Filing 127
NOTICE by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER re #125 Notice of Appeal Representation Statement (Pettinato, Jared)
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Filing 126
USCA Case Number 22-35955 and Time Scheduling Order for #125 Notice of Appeal filed by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER. (JLE)
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Filing 125
NOTICE OF APPEAL as to #123 Order on Motion for Attorney Fees by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER. Filing fee $ 505, receipt number AMTDC-2969558. (Pettinato, Jared)
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Filing 124
STATUS REPORT by David Bernhardt, National Park Service, Sonny Perdue, CAM SHOLLY, USDA FOREST SERVICE. (Alexander, Tyler)
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Filing 123
ORDER denying #116 Motion for Attorney Fees. Signed by Judge Susan P. Watters on 11/9/2022. (EMH)
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Filing 122
REPLY to Response to Motion re #116 MOTION for Attorney Fees filed by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER. (Attachments: #1 Exhibit 1: [Park Service] Request for Waiver of Time and Page Limits (July 22, 2022), #2 Exhibit 2: Letter from InterTribal Buffalo Council President Ervin Carlson (Feb. 28, 2022), #3 Exhibit 3: Nez Perce Tribes Scoping Comments (Mar. 9, 2022), #4 Exhibit 4: Scoping Comments on the Environmental Impact Statement) (Pettinato, Jared)
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Filing 121
RESPONSE to Motion re #116 MOTION for Attorney Fees filed by David Bernhardt, National Park Service, Sonny Perdue, CAM SHOLLY, USDA FOREST SERVICE. (Attachments: #1 Exhibit A) (Alexander, Tyler)
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Filing 120
ORDER granting #119 Unopposed Motion for Extension of Time to File Response/Reply as to #116 MOTION for Attorney Fees , Defendants shall respond to Plaintiffs' Motion for Attorney Fees on or before September 6, 2022. Signed by Judge Susan P. Watters on 8/25/2022. (EMH)
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Filing 119
Unopposed MOTION for Extension of Time to File Response/Reply as to #116 MOTION for Attorney Fees Tyler M. Alexander appearing for Defendants David Bernhardt, National Park Service, Sonny Perdue, CAM SHOLLY, USDA FOREST SERVICE (Attachments: #1 Text of Proposed Order) (Alexander, Tyler)
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Filing 118
NOTICE of Withdrawal of Counsel: Brendan Patrick Keenan, Jr withdrawing from the case, filed by CONFEDERATED TRIBES AND BANDS OF THE YAKAMA NATION (Keenan, Brendan)
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Filing 117
Brief/Memorandum in Support re #116 MOTION for Attorney Fees filed by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER. (Attachments: #1 Exhibit 1: Jared Pettinato Declaration, #2 Exhibit A: Jared Pettinato Resume, #3 Exhibit B: Buffalo Field Campaign v. U.S. Dept of the Interior, Natl Park Serv., No. CV 19-165-M-DWM (July 7, 2020), #4 Exhibit C. Jared Pettinato Invoice, #5 Exhibit 2: Associated Press, Yellowstone park to reconsider controversial bison plan (Washington Post July 1, 2022), #6 Exhibit 3: Livingston Enterprise, Park Service, US Forest Service propose new analysis of Yellowstone National Park bison management (July 1, 2022), #7 Exhibit 4: U.S. Court of Appeals for the Ninth Circuit, Attorney Fees and Recoverable Expenses Under [EAJA] F-7 (Mar. 2022), #8 Exhibit 5: Bonnie Lynn Second Declaration, #9 Exhibit 6: Nadine Bartle Second Declaration, #10 Exhibit 7: [Agencies] Resp. Brief, No. 21-35144, #11 Exhibit 8: [Agencies] Resp. to [Neighbors] Resp. to Order to Show Cause, No. 21-35144, #12 Exhibit 9: Notice of Oral Argument on Friday, Feb. 11, 2022, No. 21-35411 (9th Cir. Nov. 28, 2021), #13 Exhibit 10: Matthew Thurlow Declaration, #14 Exhibit 11: John Meyer Declaration, #15 Exhibit 12: USAO Attorneys Fees Matrix2015-2021, #16 Exhibit 13: Strickland v. Truckers Express, Inc., No. CV 95-62-M-JCL (D. Mont. Feb. 12, 2007), #17 Exhibit 14: Envtl. Def. Fund v. EPA, No. 17-cv-2220 (APM) (D.D.C. Jan. 13, 2022), #18 Exhibit 15: Ray v. CLH N.Y. Ave., No. 19-cv-2841-RCL (D.D.C. June 29, 2022), #19 Exhibit 16: Supplemental Decl. of Brian L. Schwalb, Ray v. CLH N.Y. Ave., No. 19-cv-2841-RCL, #20 Exhibit 17: Doe v. Exxon Mobile Corp., 1:01-cv-1357 (RCL/AK) (D.D.C. Apr. 14, 2022)) (Pettinato, Jared)
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Filing 116
MOTION for Attorney Fees Jared S. Pettinato appearing for Plaintiffs BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER (Pettinato, Jared)
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Filing 115
STATUS REPORT by David Bernhardt, National Park Service, Sonny Perdue, CAM SHOLLY, USDA FOREST SERVICE. (Alexander, Tyler)
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Filing 114
MANDATE of USCA as to #108 Notice of Appeal filed by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER. (EMH)
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Filing 113
STATUS REPORT by David Bernhardt, National Park Service, Sonny Perdue, CAM SHOLLY, USDA FOREST SERVICE. (Alexander, Tyler)
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Filing 112
MEMORANDUM of USCA (AFFIRMED) as to #108 Notice of Appeal filed by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER (AMC)
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Filing 111
ORDER of USCA as to #108 Notice of Appeal filed by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER (EMH)
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Filing 110
ORDER of USCA as to #108 Notice of Appeal filed by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER (EMH)
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Filing 109
USCA Case Number 21-35144 and Time Scheduling Order for #108 Notice of Appeal filed by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER. (AMC)
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Filing 108
NOTICE OF APPEAL as to #107 Order on Motion to Remand by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER. Filing fee $ 505, receipt number 0977-2621106. (Attachments: #1 Representation Statement) (Pettinato, Jared)
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Filing 107
ORDER GRANTING #84 Motion to Remand Without Vacatur Signed by Judge Susan P. Watters on 2/5/2021. (AMC)
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Filing 106
NOTICE by David Bernhardt, National Park Service, Sonny Perdue, CAM SHOLLY, USDA FOREST SERVICE re #84 MOTION to Remand Without Vacatur, #105 Reply to Response to Motion Notice of Supplemental Authority (LR 7.4) (Attachments: #1 Exhibit A) (Alexander, Tyler)
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Filing 105
REPLY to Response to Motion re #84 MOTION to Remand Without Vacatur filed by David Bernhardt, National Park Service, Sonny Perdue, CAM SHOLLY, USDA FOREST SERVICE. (Alexander, Tyler)
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Filing 104
ORDER GRANTING #102 Motion for Leave to File Excess Pages Signed by Judge Susan P. Watters on 9/18/2020. (AMC)
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Filing 103
RESPONSE to Motion re #84 MOTION to Remand Without Vacatur filed by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER. (Attachments: #1 Exhibit 1: Mike Mease Decl., #2 Exhibit 2: Resolving Intractable Governance Issues to Recover Wild Bison While Maintaining Public and Tribal Trust, #3 Exhibit 3: Summ. Report from [IBMP] (July 29, 2020), #4 Exhibit 4: Briefing Statement FY 2017, #5 Exhibit 5: Conservation and Mgmt. of Yellowstone Bison [EA], #6 Exhibit 6: Nadine Bartle Decl., #7 Exhibit 6A: Nadine Bartle Decl., Ex. A, #8 Exhibit 6B: Nadine Bartle Decl., Ex. B, #9 Exhibit 7: IBMP Subcomm. Assessment of Bison Carcass Removal in Beattie Gulch Area (July 29, 2020), #10 Exhibit 8: Daniel J. Turvey Decl., #11 Exhibit 8A: Daniel J. Turvey Decl., Ex. A) (Pettinato, Jared)
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Filing 102
Unopposed MOTION for Leave to File Excess Pages Jared S. Pettinato appearing for Plaintiffs BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER (Attachments: #1 Text of Proposed Order) (Pettinato, Jared)
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Remark: PHV attorney Ethan Jones is now registered and can receive electronic notices in this case. (EMH)
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Remark: PHV attorney Michael A. Lopez is now a registered e-filer and can receive electronic notices in this case. (EMH)
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Remark: PHV attorney Brendan P. Keenan Jr. is now a registered e-filer and can receive electronic notices in this case. (EMH)
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Filing 101
Amicus Brief in Support of Federal Defendants' Motion for Voluntary Remand or Stay of Proceedings filed by Confederated Salish and Kootenai Tribes. (Attachments: #1 Exhibit Declaration of A. Villavicencio, #2 Exhibit Declaration of D. McClure, #3 Exhibit Declaration of D. Bobbitt, #4 Exhibit Declaration of J. Eli) (Harrison, John)
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Filing 100
Remark: CM ECF registration letter mailed to admitted PHV attorney Brendan P. Keenan Jr. with copy of order. (EMH)
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Filing 99
ORDER granting #95 Ethan Jones Motion to Appear Pro Hac Vice for Yakima Nation. Signed by Judge Susan P. Watters on 8/27/2020. (EMH)
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Filing 98
ORDER granting #94 Michael A. Lopez's Motion to Appear Pro Hac Vice for Nez Perce Tribe. Signed by Judge Susan P. Watters on 8/27/2020. (EMH)
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Filing 97
ORDER granting #93 Joseph R. Pitt's Motion to Appear Pro Hac Vice for the Confederated Tribes of the Umatilla Indian Reservation. Signed by Judge Susan P. Watters on 8/27/2020. (EMH)
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Filing 96
ORDER granting #92 Brendan P. Keenan, Jr. Motion to Appear Pro Hac Vice for the Confederated Tribes and Bands of the Yakima Nation. Signed by Judge Susan P. Watters on 8/27/2020. S.N. notified to add attorney to database (EMH)
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Filing 95
Unopposed MOTION Ethan Jones to Appear Pro Hac Vice ( Filing fee $ 255 receipt number MTX100017383.) John T. Harrison appearing for Amicus Confederated Salish and Kootenai Tribes (Attachments: #1 Affidavit Pro Hac Vice Declaration, #2 Text of Proposed Order) (Harrison, John)
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Filing 94
Unopposed MOTION Michael A. Lopez to Appear Pro Hac Vice ( Filing fee $ 255 receipt number MTX100017382.) John T. Harrison appearing for Amicus Confederated Salish and Kootenai Tribes (Attachments: #1 Affidavit Pro Hac Vice Declaration, #2 Text of Proposed Order) (Harrison, John)
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Filing 93
Unopposed MOTION Joseph R. Pitt to Appear Pro Hac Vice ( Filing fee $ 255 receipt number MTX100017381.) John T. Harrison appearing for Amicus Confederated Salish and Kootenai Tribes (Attachments: #1 Affidavit Pro Hac Vice Declaration, #2 Text of Proposed Order) (Harrison, John)
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Filing 92
Unopposed MOTION Brendan P. Keenan, Jr. to Appear Pro Hac Vice ( Filing fee $ 255 receipt number MTX100017380.) John T. Harrison appearing for Amicus Confederated Salish and Kootenai Tribes (Attachments: #1 Affidavit Pro Hac Vice Declaration, #2 Text of Proposed Order) (Harrison, John)
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Filing 91
ORDER GRANTING #90 Motion to File Amicus Brief Signed by Judge Susan P. Watters on 8/7/2020. (AMC)
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Filing 90
Unopposed MOTION to File Amicus Brief John T. Harrison appearing for Amicus Confederated Salish and Kootenai Tribes (Attachments: #1 Text of Proposed Order) (Harrison, John)
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Filing 89
ORDER re and adopting #88 Joint Motion for a Briefing Schedule. READ ORDER FOR DETAILS. Signed by Judge Susan P. Watters on 8/6/2020. (EMH)
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Filing 88
Joint MOTION for a Briefing Schedule Emma Hamilton appearing for Defendants David Bernhardt, National Park Service, Sonny Perdue, CAM SHOLLY, USDA FOREST SERVICE (Hamilton, Emma)
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Filing 87
ORDER granting #85 Motion to Stay briefing and all other deadlines until July 30, 2020. Signed by Judge Susan P. Watters on 7/14/2020. (EMH)
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Set/ Deadlines: Proposed Joint Schedule Deadline 7/30/2020. (EMH)
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Remark: Received via Fed Ex Defendant's Supplemental Admin Record -National Park Service's. Clerk placed package on SPW tray. (AMC)
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Filing 86
NOTICE by David Bernhardt, National Park Service, Sonny Perdue, CAM SHOLLY, USDA FOREST SERVICE Of Lodging Of The Supplemented Administrative Records (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Alexander, Tyler)
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Remark: Received via Fed Ex Defendant's Supplemental Admin Record. Package contains two portable hard drives. Clerk placed package on SPW tray. (AMC)
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Filing 85
Joint MOTION to Stay re #84 MOTION to Remand Without Vacatur, #83 Order on Motion for Extension of Time to File Tyler M. Alexander appearing for Defendants David Bernhardt, National Park Service, Sonny Perdue, CAM SHOLLY, USDA FOREST SERVICE (Attachments: #1 Text of Proposed Order) (Alexander, Tyler)
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Filing 84
MOTION to Remand Without Vacatur Tyler M. Alexander appearing for Defendants David Bernhardt, National Park Service, Sonny Perdue, CAM SHOLLY, USDA FOREST SERVICE (Attachments: #1 Brief in Support, #2 Affidavit Declaration of Cam Sholly, #3 Affidavit Declaration of P.J. White, #4 Affidavit Declaration of Mary Erickson) (Alexander, Tyler)
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Filing 83
ORDER granting Parties' Second Joint #82 Motion to Extend Case Management Deadlines. Signed by Judge Susan P. Watters on 6/22/2020. (EMH)
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Reset Deadlines: 6/30/2020. (EMH)
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Filing 82
Joint MOTION for Extension of Time to File Proposed Briefing Schedule Jared S. Pettinato appearing for Plaintiffs BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER (Attachments: #1 Text of Proposed Order) (Pettinato, Jared)
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Filing 81
AMENDED COMPLAINT against David Bernhardt, National Park Service, Sonny Perdue, CAM SHOLLY, USDA FOREST SERVICE, filed by NEIGHBORS AGAINST BISON SLAUGHTER, BONNIE LYNN. (Attachments: #1 Redlined Amended Complaint Showing Changes) (Pettinato, Jared)
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Filing 80
ORDER granting #79 Motion for Extend Case Management Deadlines. READ ORDER FOR DEADLINES. Signed by Judge Susan P. Watters on 5/7/2020. (EMH)
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Filing 79
Joint MOTION for Extension of Time to File Motion on the Sufficiency of the Administrative Records Jared S. Pettinato appearing for Plaintiffs BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER (Attachments: #1 Text of Proposed Order) (Pettinato, Jared)
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Filing 78
WITHDRAWAL of Motion re #68 MOTION to Consolidate Cases , Renewed, filed by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER . (Attachments: #1 Exhibit 1: Minute Entry, Cottonwood Environmental Law Center v. Bernhardt, No. 2:18-cv-12-SEH (D. Mont. Apr. 14, 2018), #2 Exhibit 2: Order, Cottonwood (Apr. 14, 2018)) (Pettinato, Jared)
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Filing 77
NOTICE by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER re #68 MOTION to Consolidate Cases , Renewed, (Attachments: #1 Exhibit 1: Minute Entry, Cottonwood Environmental Law Center v. Bernhardt, No. 2:18-cv-12-SEH (D. Mont. Apr. 14, 2018), #2 Exhibit 2: Order, Cottonwood (Apr. 14, 2018)) (Pettinato, Jared)
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Filing 76
NOTICE by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER re #68 MOTION to Consolidate Cases , Renewed, of Cottonwood Order Resetting Hearing (Attachments: #1 Exhibit 1: Order, Cottonwood Environmental Law Center v. Bernhardt, No. 2:18-cv-12-SEH (D. Mont. Mar. 31, 2020), ECF No. 110) (Pettinato, Jared)
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Filing 75
NOTICE by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER re #68 MOTION to Consolidate Cases , Renewed, of Cottonwood Order Vacating the Consolidation Hearing and Motion to Appear (Attachments: #1 Exhibit 1: Order, Cottonwood Environmental Law Center v. Bernhardt, No. 2:18-cv-12-SEH (D. Mont. Mar. 27, 2020), #2 Exhibit 2: Interested Parties [Neighbors'] Motion for Leave to Appear at the March 31, 2020, Hearing on Plaintiff's Motion to Consolidate, Cottonwood (Mar. 24, 2020), ECF No. 106., #3 Exhibit 3: Interested Parties [Neighbors'] Brief in Support of Their Motion for Leave to Appear at the March 31, 2020, Hearing on Plaintiffs' Motion to Consolidate, Cottonwood (Mar. 24, 2020), ECF No. 106-1, #4 Exhibit 4: [Federal Defendants'] Opposition to a Non-Party's Motion for Leave to Appear at the March 31, 2020, Hearing on Plaintiff's Motion to Consolidate, Cottonwood (Mar. 27, 2020), ECF No. 107, #5 Exhibit 5: Interested Parties [Neighbors'] Reply Brief in Support of Their Motion for Leave to Appear at any Hearing on Plaintiff's Motion to Consolidate, Cottonwood (Mar. 28, 2020), ECF No. 109) (Pettinato, Jared)
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Remark: clerk received via FedEx a copy of the administrative records as referenced in ECF 74. Clerk hand delivered to SPW Chambers. (AMC)
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Filing 74
NOTICE by David Bernhardt, National Park Service, Sonny Perdue, CAM SHOLLY, USDA FOREST SERVICE Notice of Lodging of the Administrative Records (Attachments: #1 Exhibit Ex. A Seth Declaration, #2 Exhibit Ex. B. USFS Index, #3 Exhibit Ex. C. Reid Declaration, #4 Exhibit Ex. D. NPS Index) (Alexander, Tyler)
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Filing 73
NOTICE by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER re #68 MOTION to Consolidate Cases , Renewed, of Order Dismissing the Fort Peck Tribes and the InterTribal Buffalo Council (Attachments: #1 Exhibit 1: Order, Cottonwood Environmental Law Center v. Bernhardt, No. 2:18-cv-12-SEH (D. Mont. Mar. 20, 2020)) (Pettinato, Jared)
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Filing 72
NOTICE by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER re #68 MOTION to Consolidate Cases , Renewed, of Fort Peck Tribes and InterTribal Buffalo Council Withdrawal (Attachments: #1 Exhibit 1: Intervenor-Defs. Unopposed Mot. to Withdraw, Cottonwood Environmental Law Center v. Bernhardt, No. 2:18-cv-12-SEH (D. Mont.)) (Pettinato, Jared)
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Filing 71
NOTICE by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER re #68 MOTION to Consolidate Cases , Renewed, of Helena Division Hearing on Motion to Consolidate (Attachments: #1 Exhibit 1: Cottonwood Environmental. Law Center v. Bernhardt, No. 2:18-cv-12-SEH (D. Mont. Mar. 16, 2020)) (Pettinato, Jared)
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Filing 70
REPLY to Response to Motion re #68 MOTION to Consolidate Cases , Renewed, filed by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER. (Attachments: #1 Exhibit 1: [Fed. Defs.'] Unopposed Mot. for Leave to File Out of Time a Resp. to Pls. Mot. to Consolidate, Cottonwood Envtl. Law Ctr. v. Bernhardt, No. 2:18-cv-12-SEH (D. Mont. Feb. 8, 2018), ECF No. 95, #2 Exhibit 2: Compl., L & W Construction v. United States, No. 19-1628L (Fed. Cl. Oct. 18, 2019), #3 Errata 3: U.S. Mot. to Dismiss, L & W Constr., ECF No. 8 (Fed. Cl.), #4 Exhibit 4: Third Am. Compl. for Declaratory and Injunctive Relief, Cottonwood Envtl. Law Ctr., ECF No. 91) (Pettinato, Jared)
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Filing 69
RESPONSE to Motion re #68 MOTION to Consolidate Cases , Renewed, filed by David Bernhardt, National Park Service, Sonny Perdue, CAM SHOLLY, USDA FOREST SERVICE. (Hamilton, Emma)
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Filing 68
MOTION to Consolidate Cases , Renewed, Jared S. Pettinato appearing for Plaintiffs BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER (Attachments: #1 Plaintiffs Neighbors Against Bison Slaughter and Bonnie Lynn's Brief in Support of Their Motion to Consolidate, #2 Exhibit 1: Second Am. Compl. for Declaratory and Injunctive Relief, Cottonwood Environmental Law Center v. Bernhardt, No. 2:18-cv-12-SEH (Feb. 8, 2018), ECF No. 46, #3 Exhibit 2: Mem., Cottonwood, No. 19-35150 (9th Cir. Dec. 23, 2019)) (Pettinato, Jared)
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Filing 67
ORDER denying with leave to renew #66 Motion to Consolidate Cases Signed by Judge Susan P. Watters on 2/20/2020. (EMH)
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Filing 66
MOTION to Consolidate Cases Jared S. Pettinato appearing for Plaintiffs BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER (Attachments: #1 Plaintiffs Neighbors Against Bison Slaughter and Bonnie Lynn's Brief in Support of Their Motion to Consolidate, #2 Exhibit 1: Second Am. Compl. for Declaratory and Injunctive Relief, Cottonwood Environmental Law Center v. Bernhardt, No. 2:18-cv-12-SEH (Feb. 8, 2018), ECF No. 46, #3 Exhibit 2: Mem., Cottonwood, No. 19-35150 (9th Cir. Dec. 23, 2019)) (Pettinato, Jared)
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Filing 65
ANSWER to #1 Complaint,, by David Bernhardt, National Park Service, Sonny Perdue, CAM SHOLLY, USDA FOREST SERVICE. (Najjar, Jennifer)
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Filing 64
ORDER granting #63 Motion for Extension of Time to File answer to amended complaint. The Defendants' answer is due on or before February 12, 2020. Signed by Judge Susan P. Watters on 1/29/2020. (EMH)
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Filing 63
MOTION for Extension of Time to File , MOTION for Extension of Time to File Answer Jennifer Najjar appearing for Defendants David Bernhardt, National Park Service, Sonny Perdue, CAM SHOLLY, USDA FOREST SERVICE (Najjar, Jennifer)
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Filing 62
ORDER re #59 Joint Case Management Plan filed by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER Signed by Judge Susan P. Watters on 1/3/2020. (EMH)
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Filing 61
ORDER granting #60 Motion to admit Matthew D. Thurlow to Appear Pro Hac Vice. Signed by Judge Susan P. Watters on 1/3/2020. (EMH)
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Filing 60
Unopposed MOTION Matthew D. Thurlow to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2421244.) Jared S. Pettinato appearing for Plaintiffs BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER (Attachments: #1 Declaration of Matthew D. Thurlow In Support of Unopposed Motion to Admit Matthew D. Thurlow Pro Hac Vice, #2 Text of Proposed Order) (Pettinato, Jared)
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Filing 59
JOINT CASE MANAGEMENT PLAN by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER. (Attachments: #1 Text of Proposed Order) (Pettinato, Jared)
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Remark: Billings Clerks office received 2 Disks containing DVD Videos in re to E.C.F. #58 Plaintiff's Lodging of Two Videos. Disks placed in brown expando and delivered to SPW tray for review. (EMH)
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Filing 58
NOTICE by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER re #10 Notice (Other) , Second, of Lodging of Two Videos (Pettinato, Jared)
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Filing 57
ORDER, The plaintiffs' #4 motion for a preliminary injunction is denied. The Plaintiffs' #33 motion to strike portions of the evidence is denied as moot. Signed by Judge Susan P. Watters on 12/2/2019. (EMH)
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Filing 56
REPLY to Response to Motion re #33 filed by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER. (Attachments: #1 Exhibit A: Email from Jared Pettinato to wo_foia@fs.fed.us (May 20, 2019), #2 Exhibit B: Letter from Leanne M. Marten, Regional Forester, Forest Service, to Jared Pettinato (May 22, 2019), #3 Exhibit C: Email from Jared Pettinato to npsfoia@nps.gov (May 20, 2019), #4 Exhibit D: Letter from Kerrie Evans to Jared Pettinato 2-3 (May 22, 2019)) (Pettinato, Jared)
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Filing 55
NOTICE by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER re #46 Order of Additional Temporary Restraining Order and Preliminary Injunction Standard of Review re #4 MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER (Pettinato, Jared) Modified on 11/25/2019 to link to related motion(EMH).
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Filing 54
RESPONSE to Motion re #33 to Strike filed by David Bernhardt, National Park Service, Sonny Perdue, CAM SHOLLY, USDA FOREST SERVICE. (Attachments: #1 Exhibit Revised Reid Declaration, #2 Revised Erickson Declaration) (Najjar, Jennifer)
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Filing 53
ORDER granting #52 Motion for Leave to File Out of Time Repsonse to Plaintiff's Motion to Strike. Signed by Judge Susan P. Watters on 11/22/2019. (EMH)
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Filing 52
MOTION to Modify , First MOTION for Leave to File Defendants' Response to Plaintiffs' Motion to Strike Jennifer Najjar appearing for Defendants David Bernhardt, National Park Service, Sonny Perdue, CAM SHOLLY, USDA FOREST SERVICE (Attachments: #1 Proposed Response to Plaintiffs' Motion to Strike, #2 Exhibit Revised Reid Declaration, #3 Exhibit Revised Erickson Declaration, #4 Text of Proposed Order) (Najjar, Jennifer)
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Filing 51
NOTICE of Withdrawal of Counsel: Brian David Upton withdrawing from the case, filed by Confederated Salish and Kootenai Tribes (Upton, Brian)
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Filing 50
ORDER, IT IS ORDERED that lead trial counsel for the respective parties and any individual proceeding pro se shall meet and confer to consider a joint case management plan to be filed with the Court on or before December 20, 2019. Joint/separate case management plans due on or before 12/20/2019. Signed by Judge Susan P. Watters on 11/20/2019. (EMH)
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Remark: Attorney Emma Hamilton is now a registered e-filer with the District of Montana and can now receive electronic notices in this case. (EMH)
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Filing 49
Case transferred in from District of District of Columbia; Case Number 1:19-cv-03144. Original file certified copy of transfer order and docket sheet received. (EMH, )
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Filing 48
NOTICE of No Appeal by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER re #46 Order on Motion to Transfer Case (Pettinato, Jared) [Transferred from dcd on 11/15/2019.]
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Filing 47
MEMORANDUM OPINION regarding defendants' #13 Motion to Transfer Case and plaintiffs' #4 Motion for Temporary Restraining Order. Signed by Chief Judge Beryl A. Howell on November 14, 2019. (lcbah4) [Transferred from dcd on 11/15/2019.]
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Filing 46
ORDER GRANTING defendants' #13 Motion to Transfer Case. Transfer due by 11/15/2019. See Order for further details. Signed by Chief Judge Beryl A. Howell on November 14, 2019. (lcbah4) [Transferred from dcd on 11/15/2019.]
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Filing 45
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SONNY PERDUE served on 11/4/2019 (Attachments: #1 Certified Mail Receipt, #2 USPS Delivery Receipt)(Pettinato, Jared) [Transferred from dcd on 11/15/2019.]
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Filing 44
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CAM SHOLLY served on 11/4/2019 (Attachments: #1 Certified Mail Receipt, #2 USPS Delivery Receipt)(Pettinato, Jared) [Transferred from dcd on 11/15/2019.]
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Filing 43
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DAVID BERNHARDT served on 11/4/2019 (Attachments: #1 Certified Mail Receipt, #2 USPS Delivery Receipt)(Pettinato, Jared) [Transferred from dcd on 11/15/2019.]
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Filing 42
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. USDA FOREST SERVICE served on 11/4/2019 (Attachments: #1 Certified Mail Receipt, #2 USPS Delivery Receipt)(Pettinato, Jared) [Transferred from dcd on 11/15/2019.]
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Filing 41
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL PARK SERVICE served on 11/4/2019 (Attachments: #1 Certified Mail Receipt, #2 USPS Delivery Receipt)(Pettinato, Jared) [Transferred from dcd on 11/15/2019.]
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Filing 40
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/6/2019. Answer due for ALL FEDERAL DEFENDANTS by 1/5/2020. (Attachments: #1 Certified Mail Receipt, #2 USPS Delivery Receipt)(Pettinato, Jared) [Transferred from dcd on 11/15/2019.]
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Filing 39
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General November 4, 2019. (Attachments: #1 Certified Mail Receipt, #2 USPS Delivery Receipt)(Pettinato, Jared) [Transferred from dcd on 11/15/2019.]
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Filing 38
REPLY to opposition to motion re #4 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER. (Pettinato, Jared) [Transferred from dcd on 11/15/2019.]
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Filing 37
REPLY to opposition to motion re #13 MOTION to Transfer Case to the District of Montana filed by DAVID BERNHARDT, NATIONAL PARK SERVICE, SONNY PERDUE, CAM SHOLLY, USDA FOREST SERVICE. (Alexander, Tyler) [Transferred from dcd on 11/15/2019.]
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Filing 36
NOTICE of Appearance by Joseph R Pitt on behalf of CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION (Pitt, Joseph) [Transferred from dcd on 11/15/2019.]
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Filing 35
NOTICE of Conferral on Their Motion to Strike by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER re #33 MOTION to Strike #25 Memorandum in Opposition, Declarations of Timothy C. Reid and Mary C. Erickson (Pettinato, Jared) [Transferred from dcd on 11/15/2019.]
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Filing 34
ERRATA by DAVID BERNHARDT, NATIONAL PARK SERVICE, SONNY PERDUE, CAM SHOLLY, USDA FOREST SERVICE re #27 Notice (Other), #25 Memorandum in Opposition, (Attachments: #1 Errata Second Corrected Opposition, #2 Errata Corrected Declaration of Mary C. Erickson)(Hamilton, Emma) Modified event title on 11/6/2019 (znmw). [Transferred from dcd on 11/15/2019.]
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Filing 33
MOTION to Strike #25 Memorandum in Opposition, Declarations of Timothy C. Reid and Mary C. Erickson by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER (Attachments: #1 Plaintiffs' Points and Authorities in Support of their Motion to Strike, #2 Text of Proposed Order)(Pettinato, Jared) [Transferred from dcd on 11/15/2019.]
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NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry #29 Notice of Appearance was entered in error and pro hac vice counsel is instructed to refile said pleading; Counsel must register for e-filing via PACER and file his own notice of appearance pursuant to LCvR 83.6(a). (znmw) [Transferred from dcd on 11/15/2019.]
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Filing 32
RESPONSE re #13 MOTION to Transfer Case to the District of Montana filed by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER. (Attachments: #1 Exhibit A: Letter from Matthew Thurlow and Jared Pettinato to Custer Gallatin Forest Supervisor Mary Erickson and to Yellowstone Superintendent Cam Sholly (Aug. 16, 2019), #2 Exhibit B: Letter from Custer Gallatin Forest Supervisor Mary Erickson to Matthew Thurlow and Jared Pettinato (Sept. 13, 2019), #3 Exhibit C: Memorandum from Deputy Director, Exercising the Authority of the Director, P. Dan Smith to Dan Wenk (undated))(Pettinato, Jared) [Transferred from dcd on 11/15/2019.]
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Filing 31
AMICUS BRIEF by CONFEDERATED SALISH AND KOOTENAI TRIBES. (Harrison, John) Modified event title on 11/5/2019 (znmw). [Transferred from dcd on 11/15/2019.]
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Filing 30
NOTICE of Appearance by Ethan Andrew Jones on behalf of Confederated Tribes and Bands of the Yakama Nation (Jones, Ethan) [Transferred from dcd on 11/15/2019.]
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Filing 29
ENTERED IN ERROR.....NOTICE of Appearance by Brian David Upton on behalf of CONFEDERATED SALISH AND KOOTENAI TRIBES (Upton, Brian) Modified on 11/5/2019 (znmw). [Transferred from dcd on 11/15/2019.]
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Filing 28
NOTICE of Appearance by Michael A. Lopez on behalf of NEZ PERCE TRIBE (Lopez, Michael) [Transferred from dcd on 11/15/2019.]
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Filing 27
NOTICE of Filing of Corrected Opposition by DAVID BERNHARDT, NATIONAL PARK SERVICE, SONNY PERDUE, CAM SHOLLY, USDA FOREST SERVICE re #25 Memorandum in Opposition, (Attachments: #1 Errata Corrected Opposition Brief)(Alexander, Tyler) [Transferred from dcd on 11/15/2019.]
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Filing 26
NOTICE of Appearance by John T. Harrison on behalf of CONFEDERATED SALISH AND KOOTENAI TRIBES (Harrison, John) [Transferred from dcd on 11/15/2019.]
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Set/Reset Deadlines: Amicus Curiae's Brief due by 4:00 PM on 11/4/2019. (tg) [Transferred from dcd on 11/15/2019.]
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MINUTE ORDER (paperless) GRANTING the amicus curiae's #20 Unopposed Motion for Leave to Appear Pro Hac Vice, #21 Unopposed Motion for Leave to Appear Pro Hac Vice, and #22 Unopposed Motion for Leave to Appear Pro Hac Vice. Mr. John T. Harrison, Mr. Michael A. Lopez, and Mr. Joseph R. Pitt may enter appearances pro hac vice for the purpose of representing the amici curiae Confederated Salish and Kootenai Tribes, Nez Perce Tribe, Confederated Tribes of the Umatilla Indian Reservation, and Yakama Nation in this action, and further GRANTING amici's #23 Motion to File a Joint Amicus Curiae Brief in Support of the Federal Defendants. Accordingly, in consideration of plaintiffs' #24 Response to Tribes' Motion to File an Amicus Curiae Brief, amici shall file their brief by 4:00 pm on November 4, 2019. Signed by Chief Judge Beryl A. Howell on November 1, 2019. (lcbah4) [Transferred from dcd on 11/15/2019.]
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Filing 25
Memorandum in opposition to re #4 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by DAVID BERNHARDT, NATIONAL PARK SERVICE, SONNY PERDUE, CAM SHOLLY, USDA FOREST SERVICE. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9)(Alexander, Tyler) [Transferred from dcd on 11/15/2019.]
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Filing 24
RESPONSE re #23 Joint MOTION for Leave to File Amicus Curiae Brief filed by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER. (Pettinato, Jared) [Transferred from dcd on 11/15/2019.]
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Filing 23
Joint MOTION for Leave to File Amicus Curiae Brief by CONFEDERATED SALISH AND KOOTENAI TRIBES (Attachments: #1 Text of Proposed Order)(Upton, Brian) [Transferred from dcd on 11/15/2019.]
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Filing 22
Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael A. Lopez, Filing fee $ 100, receipt number ADCDC-6496534. Fee Status: Fee Paid. by CONFEDERATED SALISH AND KOOTENAI TRIBES (Attachments: #1 Declaration Declaration M_Lopez, #2 Text of Proposed Order)(Upton, Brian) [Transferred from dcd on 11/15/2019.]
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Filing 21
Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Joseph R. Pitt, Filing fee $ 100, receipt number ADCDC-6496522. Fee Status: Fee Paid. by CONFEDERATED SALISH AND KOOTENAI TRIBES (Attachments: #1 Declaration Declaration J_Pitt, #2 Text of Proposed Order)(Upton, Brian) [Transferred from dcd on 11/15/2019.]
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Filing 20
Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- John T. Harrison, Filing fee $ 100, receipt number ADCDC-6496417. Fee Status: Fee Paid. by CONFEDERATED SALISH AND KOOTENAI TRIBES (Attachments: #1 Declaration J_Harrison Declaration, #2 Text of Proposed Order)(Upton, Brian) [Transferred from dcd on 11/15/2019.]
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Filing 19
ERRATA Notice of Filing of Corrected Exhibit V by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER #18 Notice (Other), filed by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER. (Attachments: #1 Errata Exhibit V to replace ECF No 4-33)(Pettinato, Jared) [Transferred from dcd on 11/15/2019.]
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Filing 18
NOTICE of Filing of Corrected Exhibit U by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER re #4 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order (Attachments: #1 Exhibit U to Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction, Corrected from ECF No 4-32)(Pettinato, Jared) [Transferred from dcd on 11/15/2019.]
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Filing 17
NOTICE of Appearance by Emma Hamilton on behalf of All Defendants (Hamilton, Emma) [Transferred from dcd on 11/15/2019.]
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Filing 16
NOTICE of Appearance by Brian David Upton on behalf of CONFEDERATED SALISH AND KOOTENAI TRIBES (Upton, Brian) [Transferred from dcd on 11/15/2019.]
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Filing 15
NOTICE of Appearance by Jennifer Ashley Najjar on behalf of All Defendants (Najjar, Jennifer) [Transferred from dcd on 11/15/2019.]
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Set/Reset Deadlines: Defendants' response to plaintiffs' #4 Motion for Preliminary Injunction and Temporary Restraining Order due by 10/31/2019; plaintiffs' reply, if any, due by 11/8/2019. (tg) [Transferred from dcd on 11/15/2019.]
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Set/Reset Deadlines: Plaintiffs' response to #13 Motion to Transfer Venue due by 11/4/2019; defendants' reply, if any, due by 11/8/2019. (tg) [Transferred from dcd on 11/15/2019.]
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MINUTE ORDER (paperless) GRANTING the defendants' #14 Motion to Expedite Consideration of Defendants' #13 Motion to Transfer Venue. Accordingly, plaintiffs shall respond to defendants' #13 Motion to Transfer Venue by November 4, 2019 and defendants shall reply, if at all, by November 8, 2019. Signed by Chief Judge Beryl A. Howell on October 28, 2019. (lcbah4) [Transferred from dcd on 11/15/2019.]
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Filing 14
MOTION to Expedite Defendants' Motion to Transfer Venue (ECF No. 13) by DAVID BERNHARDT, NATIONAL PARK SERVICE, SONNY PERDUE, CAM SHOLLY, USDA FOREST SERVICE (Attachments: #1 Text of Proposed Order)(Alexander, Tyler) [Transferred from dcd on 11/15/2019.]
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Filing 13
MOTION to Transfer Case to the District of Montana by DAVID BERNHARDT, NATIONAL PARK SERVICE, SONNY PERDUE, CAM SHOLLY, USDA FOREST SERVICE (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Alexander, Tyler) [Transferred from dcd on 11/15/2019.]
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Filing 12
RESPONSE TO COURT ORDER re Order,, Joint Statement in Response to the Court's Order to Propose a Scheduling Order by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER. (Attachments: #1 Text of Proposed Order)(Pettinato, Jared) Modified event on 10/29/2019 (znmw). [Transferred from dcd on 11/15/2019.]
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MINUTE ORDER (paperless) DIRECTING, in consideration of the parties' #12 Joint Statement in Response to the Court's Order to Propose a Scheduling Order, the defendants to file their response to plaintiffs' #4 Motion for a Preliminary Injunction and Temporary Restraining Order by October 31, 2019, and further DIRECTING the plaintiffs to file their reply, if any, to the defendants' response by November 8, 2019. Signed by Chief Judge Beryl A. Howell on October 25, 2019. (lcbah4) [Transferred from dcd on 11/15/2019.]
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Filing 11
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER (Pettinato, Jared) Modified event on 10/29/2019 (znmw). [Transferred from dcd on 11/15/2019.]
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Filing 10
NOTICE of Lodging of Two Videos by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER re #4 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order (Pettinato, Jared) [Transferred from dcd on 11/15/2019.]
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Filing 9
NOTICE of Appearance by Tyler McVeigh Alexander on behalf of All Defendants (Alexander, Tyler) [Transferred from dcd on 11/15/2019.]
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Set/Reset Deadlines: Response to Order of the Court due by noon on 10/25/2019. (tg) [Transferred from dcd on 11/15/2019.]
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Filing 8
NOTICE That Plaintiffs' counsel Notified Defendants' Counsel About the Motion for a Temporary Restraining Order and Preliminary Injunction by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER re #4 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order (Pettinato, Jared) [Transferred from dcd on 11/15/2019.]
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Filing 7
STANDING ORDER. Signed by Chief Judge Beryl A. Howell on October 23, 2019. (lcbah4) [Transferred from dcd on 11/15/2019.]
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Filing 6
SUMMONS (5) Issued Electronically as to DAVID BERNHARDT, NATIONAL PARK SERVICE, SONNY PERDUE, CAM SHOLLY, USDA FOREST SERVICE. (Attachment: #1 Notice and Consent)(zmc) [Transferred from dcd on 11/15/2019.]
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Filing 5
NOTICE OF RELATED CASE by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER. Case related to Case No. 19-1628 L in the United States Court of Federal Claims (zmc) [Transferred from dcd on 11/15/2019.]
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Filing 4
MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order by BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER (Attachments: #1 Points and Authorities in Support of Plaintiffs Motion for a Temporary Restraining Order and Preliminary Injunction, #2 Text of Proposed Order, #3 Exhibit Index, #4 Ex. A: Background Info. on Issues of Concern for Mont.: Plains Bison Ecology, Mgmt., and Conservation, Mont. Dept of Fish, Wildlife and Parks (June 2011), #5 Ex. B: Interagency Bison Mgmt. Plan Final Envtl. Impact Statement Part 1, #6 Ex. B: Interagency Bison Mgmt. Plan Final Envtl. Impact Statement Part 2, #7 Ex. B: Interagency Bison Mgmt. Plan Final Envtl. Impact Statement Part 3, #8 Ex. B: Interagency Bison Mgmt. Plan Final Envtl. Impact Statement Part 4, #9 Ex. B: Interagency Bison Mgmt. Plan Final Envtl. Impact Statement Part 5, #10 Ex. B: Interagency Bison Mgmt. Plan Final Envtl. Impact Statement Part 6, #11 Ex. C: Letter from Montana Wildlife (Sept. 2, 2018), #12 Ex. D: Operating Procedures for the IBMP (Dec. 31, 2018), #13 Ex. E: Mem. to Files, IBMP Agencies, Adaptive Management Adjustments to [IBMP] and [NEPA/MEPA] Documentation 11 (Dec. 1, 2011), #14 Ex. F: Chris Geremia et al., Status Report on the Yellowstone Bison Population, Park Service (Sept. 2017), #15 Ex. G: IBMP Partner Protocols (Aug. 28, 2018), #16 Ex. H: Federal IBMP Record of Decision, #17 Ex. I: 2018 Annual Report of the [IBMP], #18 Ex. J: Mont. Final Bison Hunting EA (Sept. 30, 2004), #19 Ex. K: Letter from James R. Lyons, Undersecretary for Natural Resources and Envt, USDA, et al. to Marc Racicot, Montana Governor (Dec. 13, 1999), #20 Ex. L: Mont. IBMP ROD (Dec. 22, 2000), #21 Ex. M: General Accountability Office, Interagency Plan and Agencies Management Need Improvement to Better Address Bison-Cattle Brucellosis Controversy (Mar. 2008), #22 Ex. N: Mont. S. Bill 395 1(d) (codified as amended at Mont. Code Ann. 81-2-120 (2019)), leg.mt.gov/bills/2003/billpdf/SB0395.pdf, #23 Ex. O: Decision Notice, Year-round Habitat for Yellowstone Bison (Nov. 2015), #24 Ex. P: Bison Hunting Decision Notice, #25 Ex. Q: IBMP Operating Procedures (Dec. 6, 2002, updated Nov. 16, 2007), #26 Ex. R: Bison Harvest Data, Winter 2005 2012, #27 Ex. S: Bonnie Lynn Declaration, #28 Lynn Declaration, Exhibit A: Letter from Tom Frostman to Montana Governor Brian Schweitzer (Jan. 2013), #29 Lynn Declaration, Exhibit B: Taxpayer Appeal, GEO Code: 49-0169-08-2-55-01-7001 (Nov. 7, 2015), #30 Lynn Declaration, Exhibit C: Bonnie Lynn, Map of Bison Slaughter (2013), #31 Ex. T: Montana Wildlife, Hunting Season/Quota Change Supporting Info. (Sept. 19, 2019), #32 Ex. U: Custer Gallatin National Forest, Order No. 01-11-03-18-01 (Nov. 20, 2017), #33 Ex. V: Letter from Dave Loewen, Montana Wildlife Chief of Law Enforcement, et al. to Sam Sheppard, R3 Supervisor et al. (Jan. 27, 2017), #34 Ex. W: Summary Report from the [IBMP] Meeting (Nov. 28, 2018), #35 Ex. X: [Montana Wildlife] Recommendations for Subdivision Development, Appx C.3, fwp.mt.gov/fwpDoc.html?id=55372, #36 Ex. Y: Sue Oliver Declaration, #37 Oliver Declaration Exhibit 1: Summary Report from the [IBMP] Meeting (May 9, 2013), #38 Oliver Declaration Exhibit 2: Oliver comments at the April 10, 2014, IBMP meeting in Bozeman, Montana, #39 Oliver Declaration Exhibit 3: Oliver comments at the April 10, 2014, IBMP meeting on November 20, 2014, at Chico Hot Springs, Montana, #40 Oliver Declaration Exhibit 4: Comments and responses at a December 1, 2015, meeting at Sue Olivers house in Gardiner, Montana, #41 Oliver Declaration Exhibit 5: Oliver comments at the April 6, 2016, IBMP meeting in West Yellowstone, #42 Oliver Declaration Exhibit 6: Oliver comments at the April 7, 2017, IBMP meeting in West Yellowstone, #43 Oliver Declaration Exhibit 7: Photo of gut pile close to the road with the small sage brush in front (Mar. 5, 2014), #44 Oliver Declaration Exhibit 8: Photo of bison fetus left to rot in its mother's womb and stomach contents (April 19, 2019), #45 Ex. Z: Dr. Peter Nara Declaration, #46 Ex. AA: Websters New International Dictionary, selected pages (1923), #47 Ex. BB: Summary Report from the [IBMP] Meeting (Aug. 6, 2015))(Pettinato, Jared) [Transferred from dcd on 11/15/2019.]
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Filing 3
ERRATA filed by NEIGHBORS AGAINST BISON SLAUGHTER, BONNIE LYNN.(Pettinato, Jared) [Transferred from dcd on 11/15/2019.]
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MINUTE ORDER (paperless) DIRECTING the plaintiffs to confer with the defendants and propose a briefing schedule for the plaintiffs' #4 Motion for Preliminary Injunction and Motion for Temporary Restraining Order by noon on Friday, October 25, 2019, and further DIRECTING the parties to explain whether the Motion for a Temporary Restraining Order and Motion for a Preliminary Injunction can be considered and ruled on at the same time. Signed by Chief Judge Beryl A. Howell on October 23, 2019. (lcbah4) [Transferred from dcd on 11/15/2019.]
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Case assigned to Chief Judge Beryl A. Howell. (zmc) [Transferred from dcd on 11/15/2019.]
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Filing 2
NOTICE of Appearance by Matthew D. Thurlow on behalf of BONNIE LYNN, NEIGHBORS AGAINST BISON SLAUGHTER (Thurlow, Matthew) [Transferred from dcd on 11/15/2019.]
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Filing 1
COMPLAINT against DAVID BERNHARDT, NATIONAL PARK SERVICE, SONNY PERDUE, CAM SHOLLY, USDA FOREST SERVICE ( Filing fee $ 400 receipt number ADCDC-6464856) filed by NEIGHBORS AGAINST BISON SLAUGHTER, BONNIE LYNN. (Attachments: #1 Civil Cover Sheet, #2 Notice of Designation of Related Civil Cases, #3 Summons : National Park Service, #4 Summons : USDA Forest Service, #5 Summons : DAVID BERNHARDT, #6 Summons : Cam Sholly, #7 Summons : Sonny Perdue)(Pettinato, Jared) [Transferred from dcd on 11/15/2019.]
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