Alliance for the Wild Rockies et al v. Kaiser et al
| Alliance for the Wild Rockies and Native Ecosystems Council |
| Kirsten Kaiser, Chad Benson, Keith Lannom and U.S. Forest Service |
| Kootenai Tribe of Idaho |
| 9:2023cv00003 |
| January 6, 2023 |
| US District Court for the District of Montana |
| Dana L Christensen |
| Donald W Molloy |
| Environmental Matters |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on March 2, 2023. A more recent docket listing may be available from PACER.
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| Filing 24 NOTICE of Appearance by Caitlyn Faye Cook on behalf of Chad Benson, Deb Haaland, Kirsten Kaiser, Keith Lannom, Leanne Marten, United States Fish and Wildlife Service, United States Forest Service, Martha Williams, Adam Zerrenner, Chad Benson, U.S. Forest Service Associated Cases: 9:22-cv-00114-DWM, 9:23-cv-00003-DWM (Cook, Caitlyn) |
| Filing 23 NOTICE of Withdrawal of Counsel: Kristine Marie Akland withdrawing from the case, filed by Center for Biological Diversity, Wildearth Guardians, Yaak Valley Forest Council Associated Cases: 9:22-cv-00114-DWM, 9:23-cv-00003-DWM (Akland, Kristine) |
Filing 22
TEXT ORDER. IT IS ORDERED that a motions hearing on 50 MOTION for Summary Judgment, 52 MOTION for Summary Judgment is set for July 13, 2023, at 9:00 a.m. in the Russell Smith Federal Courthouse, Missoula, Montana. Plaintiffs and Consolidated Plaintiffs, combined, will be given 30 minutes for argument. Defendants, Consolidated-Defendants, and Defendant-Intervenor, combined, will be given 30 minutes for argument. Signed by Judge Donald W. Molloy on 1/31/2023. Associated Cases: 9:22-cv-00114-DWM, 9:23-cv-00003-DWM (NOS)
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| Filing 21 Statement of Undisputed Fact re: (17 in 9:23-cv-00003-DWM, 50 in 9:22-cv-00114-DWM) MOTION for Summary Judgment , (52 in 9:22-cv-00114-DWM, 19 in 9:23-cv-00003-DWM) MOTION for Summary Judgment by Alliance for the Wild Rockies, Center for Biological Diversity, Native Ecosystems Council, Wildearth Guardians, Yaak Valley Forest Council filed by Alliance for the Wild Rockies, Center for Biological Diversity, Native Ecosystems Council, Wildearth Guardians, Yaak Valley Forest Council. Associated Cases: 9:22-cv-00114-DWM, 9:23-cv-00003-DWM (Zukoski, Edward) |
| Filing 20 Brief/Memorandum in Support re (19 in 9:23-cv-00003-DWM) MOTION for Summary Judgment filed by Alliance for the Wild Rockies, Native Ecosystems Council. (Attachments: #1 Declaration of Michael Garrity) Associated Cases: 9:22-cv-00114-DWM, 9:23-cv-00003-DWM (Smith, Rebecca) |
| Filing 19 MOTION for Summary Judgment Rebecca Kay Smith appearing for Consolidated Plaintiffs Alliance for the Wild Rockies, Native Ecosystems Council Associated Cases: 9:22-cv-00114-DWM, 9:23-cv-00003-DWM (Smith, Rebecca) |
| Filing 18 Brief/Memorandum in Support re (17 in 9:23-cv-00003-DWM, 50 in 9:22-cv-00114-DWM) MOTION for Summary Judgment filed by Center for Biological Diversity, Wildearth Guardians, Yaak Valley Forest Council. (Attachments: #1 Exhibit Declaration of Anthony South, #2 Exhibit Declaration of Mary Campbell, #3 Exhibit Declaration of Pam Fuqua, #4 Exhibit Declaration of Adam Rissien, #5 Exhibit Declaration of Randi Spivak) Associated Cases: 9:22-cv-00114-DWM, 9:23-cv-00003-DWM (Zukoski, Edward) |
| Filing 17 MOTION for Summary Judgment Edward B. Zukoski appearing for Plaintiffs Center for Biological Diversity, Wildearth Guardians, Yaak Valley Forest Council Associated Cases: 9:22-cv-00114-DWM, 9:23-cv-00003-DWM (Zukoski, Edward) |
| Filing 16 ANSWER to #1 Complaint by Kootenai Tribe of Idaho. (Docketed by clerk on behalf of Kootenai Tribe of Idaho; filed as Doc. 48 in lead case CV 22-114-M-DWM.) (NOS) |
| Filing 15 NOTICE of Acknowledgment of Pro Hac Vice Order by Kootenai Tribe of Idaho Associated Cases: 9:22-cv-00114-DWM, 9:23-cv-00003-DWM (Weis, Julie) |
| Filing 14 NOTICE of Appearance by Rachel Glenn Inabnit on behalf of Center for Biological Diversity, Wildearth Guardians, Yaak Valley Forest Council Associated Cases: 9:22-cv-00114-DWM, 9:23-cv-00003-DWM (Inabnit, Rachel) |
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Filing 13
ORDER granting (43) Motion to Appear Pro Hac Vice for Julie A. Weis. Acknowledgment of PHV Order due within 15 days. Signed by Judge Donald W. Molloy on 1/25/2023. NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here. Associated Cases: 9:22-cv-00114-DWM, 9:23-cv-00003-DWM (NOS)
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Filing 12
ORDER granting (42) Motion to Intervene. Consolidated Defendant-Intervenor shall re-file its answer. IT IS ORDERED that Consolidated Defendant-Intervenor shall abide by the terms of the existing case management order, including the term that Consolidated Defendant-Intervenor's briefing should not be duplicative of Consolidated Federal Defendant's briefing. Signed by Judge Donald W. Molloy on 1/25/2023. Associated Cases: 9:22-cv-00114-DWM, 9:23-cv-00003-DWM (NOS)
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| Filing 11 MOTION Julie A. Weis to Appear Pro Hac Vice ( Filing fee $ 262 receipt number MTDC-3007136.) Kris McLean appearing for Intervenor Defendant Kootenai Tribe of Idaho (Attachments: #1 Proposed order) Associated Cases: 9:22-cv-00114-DWM, 9:23-cv-00003-DWM (McLean, Kris) |
| Filing 10 MOTION to Intervene Kris McLean appearing for Intervenor Defendant Kootenai Tribe of Idaho (Attachments: #1 Proposed Answer, #2 Proposed order) Associated Cases: 9:22-cv-00114-DWM, 9:23-cv-00003-DWM (McLean, Kris) |
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Filing 9
ORDER. IT IS ORDERED that Defendants' and Consolidated Defendants' motion (Doc. 38 ) is GRANTED IN PART and DENIED IN PART. It is granted to the extent outlined in the updated briefing schedule (see Order) and denied in all other respects. IT IS FURTHER ORDERED that Federal Defendants need not answer Consolidated Plaintiffs' Complaint. Consolidated Federal Defendants' motion to Clarify the Court's January 12, 2023 Order and accompanying brief marks their appearance in this matter. Signed by Judge Donald W. Molloy on 1/20/2023. Associated Cases: 9:22-cv-00114-DWM, 9:23-cv-00003-DWM (NOS)
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| Filing 8 Brief/Memorandum in Support re (7 in 9:23-cv-00003-DWM, 7 in 9:23-cv-00003-DWM) MOTION to Clarify the Court's January 12, 2023 Order - Expedited Consideration Requested MOTION to Amend/Correct (25 in 9:22-cv-00114-DWM) Case Management Order,,, (36 in 9:22-cv-00114-DWM) Order,, the Court's October 21, 2022 Scheduling Order - Expedited Consideration Requested filed by Chad Benson, Deb Haaland, Kirsten Kaiser, Keith Lannom, Leanne Marten, United States Fish and Wildlife Service, United States Forest Service, Martha Williams, Adam Zerrenner, Chad Benson, U.S. Forest Service. (Attachments: #1 Exhibit 1 - case management plan from Flathead Forest Plan litigation) Associated Cases: 9:22-cv-00114-DWM, 9:23-cv-00003-DWM (Tustin, John) |
| Filing 7 MOTION to Clarify the Court's January 12, 2023 Order, MOTION to Amend/Correct 25 Case Management Order - Expedited Consideration Requested. John P. Tustin appearing for Defendants Chad Benson, Deb Haaland, Leanne Marten, United States Fish and Wildlife Service, United States Forest Service, Martha Williams, Adam Zerrenner, Kirsten Kaiser, Keith Lannom. Associated Cases: 9:22-cv-00114-DWM, 9:23-cv-00003-DWM (Tustin, John) (NOS) |
| Filing 6 NOTICE of Appearance by John P. Tustin on behalf of Chad Benson, Kirsten Kaiser, Keith Lannom, U.S. Forest Service (Tustin, John) |
| Filing 5 NOTICE by Chad Benson, Deb Haaland, Kirsten Kaiser, Keith Lannom, Leanne Marten, United States Fish and Wildlife Service, United States Forest Service, Martha Williams, Adam Zerrenner, Chad Benson, U.S. Forest Service of Lodging Forest Service and Fish & Wildlife Service Supplemental Administrative Records (Attachments: #1 Exhibit Forest Service Certifying Declaration, #2 Exhibit Forest Service Supplemental Administrative Record Index, #3 Exhibit Fish & Wildlife Service Certifying Declaration, #4 Exhibit Fish & Wildlife Service Supplemental Administrative Record Index, #5 Exhibit Buckhorn Project Draft EIS, #6 Exhibit Buckhorn Project Final EIS, #7 Exhibit Buckhorn Record of Decision, #8 Exhibit Lower Yaak, O'Brien, Sheep Record of Decision, #9 Exhibit Starry Goat Project Record of Decision, #10 Exhibit Darelius Email, #11 Exhibit Knotty Pine Project Decision Notice, #12 Exhibit Wakkinen Kasworm Article, #13 Exhibit Mace Waller Article, #14 Exhibit Hovey McLellan Article, #15 Exhibit Email Attachment, Flathead Forest Plan Court Order, #16 Exhibit Aceituno Email, #17 Exhibit Exhibits 1-4 of Notice of Intent to Sue, #18 Exhibit June 2022 Notice of Intent to Sue, #19 Exhibit Annis Email) Associated Cases: 9:22-cv-00114-DWM, 9:23-cv-00003-DWM (Carpenter, Hayley) |
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Filing 4
ORDER. IT IS ORDERED that CV 21-114-M-DWM and CV 23-3-M-DWM are consolidated for all further proceedings under the lead case number CV 21-114-M-DWM. IT IS FURTHER ORDERED that the defendants in the member case shall file their answers in CV 23-3-M-DWM. All other documents shall be filed in the lead case and spread to the member case. IT IS FURTHER ORDERED the current briefing schedule (Doc. 25 ), remains in place. If the parties wish to request a different schedule, they may do so by proposing an amended joint case management plan. Signed by Judge Donald W. Molloy on 1/12/2023. (NOS) (Docket text corrected, NEF regenerated.) (NOS)
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Filing 3
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 1/11/2023. (MMS)
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| Filing 2 Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General. Issued summons may be downloaded and printed by counsel for service. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons) (TAG) |
| Filing 1 COMPLAINT against All Defendants, filed by Native Ecosystems Council, Alliance for the Wild Rockies. (Attachments: #1 Civil Cover Sheet) (TAG) |
| Filing fee: $ 402, receipt number AMTDC-2996353 (TAG) |
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