Garfield County et al v. Biden et al
| Garfield County, Kane County, State of Utah, Spencer J. Cox and Sean D. Reyes |
| Joseph R. Biden, Jr., Deb Haaland, Department of the Interior, Tracy Stone-Manning, Bureau of Land Management, Tom Vilsack, Department of Agriculture, Randy Moore, Forest Service, Thomas J. Vilsack and United States Forest Service |
| National Parks Conservation Association, Wilderness Society, Grand Canyon Trust, Great Old Broads for Wilderness, Western Watersheds Project, WildEarth Guardians, Sierra Club, Center for Biological Diversity, Southern Utah Wilderness Alliance, National Resources Defense Counsel, Grand Staircase Escalante Partners, Society of Vertebrate Paleontology, Conservation Lands Foundation, Utah Dine Bikeyah, Friends of Cedar Mesa, Archaeology Southwest, Patagonia Works, Access Fund, The, National Trust for Historic Preservation in the United States, The, American Anthropological Association, Archaeological Institute of America and Society for American Archaeology |
| Zebediah George Dalton, BlueRibbon Coalition, Kyle Kimmerle and Suzette Ranea Morris |
| Navajo Nation, Hopi Tribe, Ute Mountain Ute Tribe and Pueblo of Zuni |
| 4:2022cv00059 |
| August 24, 2022 |
| U.S. District Court for the District of Utah |
| Paul Kohler |
| David Nuffer |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| None |
Docket Report
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This docket was last retrieved on August 11, 2023. A more recent docket listing may be available from PACER.
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Filing 52
ORDER granting Hopi Tribe, Navajo Nation, Pueblo of Zuni, and Ute Mountain Ute Tribe's #29 , #41 Motions to Intervene. Signed by Magistrate Judge Paul Kohler on 12/8/22 (alt)
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Filing 51
NOTICE of Unavailability by BlueRibbon Coalition (Supplement to) (Brammer, J.)
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Filing 50
ORDER granting #49 Motion for Extension of Time to File Response/Reply. Responses due by 12/27/2022 as to #27 MOTION to Intervene, #40 MOTION to Intervene; Responses due by 12/28/2022 as to #31 MOTION to Intervene, #42 MOTION to Intervene, #33 MOTION to Intervene, #43 MOTION to Intervene, #34 MOTION to Intervene, #44 MOTION to Intervene. Signed by Magistrate Judge Paul Kohler on 12/5/22 (alt)
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Filing 49
Joint MOTION for Extension of Time to File Response/Reply as to #33 MOTION to Intervene, #40 MOTION to Intervene, #44 MOTION to Intervene, #42 MOTION to Intervene, #34 MOTION to Intervene, #31 MOTION to Intervene, #27 MOTION to Intervene , #43 MOTION to Intervene, filed by Plaintiffs Spencer J. Cox, Garfield County, Kane County, Sean D. Reyes, State of Utah. (Attachments: #1 Text of Proposed Order) Motions referred to Paul Kohler.(Green, Tyler) Modified on 12/5/2022: removed unnecessary links and text (alt)
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Filing 48
ORDER granting #30 Motion for Extension of Time to Answer re #2 Complaint. Signed by Magistrate Judge Paul Kohler on 12/2/22 (alt)
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Filing 47
NOTICE OF DEFICIENCY re #17 Notice (Other). The documents were not filed using the correct filing event "Summons Returned Executed as to USA" so no Answer records or deadlines were created in CM/ECF. As an order has been entered extending answer due dates without setting any date certain, no action is required at this time; however, filers are reminded to use the correct "Service of Process" filing events in the future. (alt)
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Filing 46
DOCKET TEXT ORDER granting #45 Motion for Extension of Time: Attorney Planning Meeting Report and Proposed Scheduling Order are due on or before 1/12/23. So ordered by Magistrate Judge Paul Kohler on 12/1/22 (docket text only - no attached document) (alt)
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Filing 45
(Originally filed in case 4:22cv60 on 11/30/22 as entry no. 62) Joint MOTION for Extension of Time to File Attorney Planning Meeting Report and Proposed Scheduling Order filed by Consol Plaintiffs BlueRibbon Coalition, Zebediah George Dalton, Kyle Kimmerle, Suzette Ranea Morris. Motion referred to Paul Kohler (alt)
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Filing 44
(Originally filed in case 4:22cv60 on 11/23/22 as entry no. 54) MOTION to Intervene and Memorandum in Support (includes 4 exhibits, bookmarked) filed by Movants American Anthropological Association, Archaeological Institute of America, Society for American Archaeology (Attachments: #1 Exhibits 5-9 (bookmarked, originally filed as entry 55), #2 Exhibits 10-15 (bookmarked, originally filed as entry 57), #3 Exhibits 16-17 (bookmarked, originally filed as entry 56) ) Motion referred to Paul Kohler (alt)
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Filing 43
(Originally filed in case 4:22cv60 on 11/23/22 as entry no. 53) MOTION to Intervene and Memorandum in Support filed by Movants Access Fund, The, Archaeology Southwest, Conservation Lands Foundation, Friends of Cedar Mesa, National Trust for Historic Preservation in the United States, The, Patagonia Works, Society of Vertebrate Paleontology, Utah Dine Bikeyah. Motion referred to Paul Kohler (5 exhibits, A-E, and proposed order included and bookmarked) (alt)
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Filing 42
(Originally filed in case 4:22cv60 on 11/23/22 as entry no. 52) MOTION to Intervene and Memorandum in Support filed by Movants Conservation Lands Foundation, Grand Staircase Escalante Partners, Society of Vertebrate Paleontology. Motion referred to Paul Kohler (6 exhibits included and bookmarked) (alt)
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Filing 41
(Originally filed in case 4:22cv60 on 11/22/22 as entry no. 51) Amended MOTION to Intervene and Memorandum in Support filed by Movants Hopi Tribe, Navajo Nation, Pueblo of Zuni, Ute Mountain Ute Tribe. Motion referred to Paul Kohler (Proposed Order and Proposed Answer included and bookmarked) (alt)
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Filing 40
(Originally filed in case 4:22cv60 on 11/22/22 as entry no. 49) MOTION to Intervene and Memorandum in Support filed by Movants Center for Biological Diversity, Grand Canyon Trust, Great Old Broads for Wilderness, National Parks Conservation Association, National Resources Defense Counsel, Sierra Club, Southern Utah Wilderness Alliance, Western Watersheds Project, WildEarth Guardians, Wilderness Society. Motion referred to Paul Kohler (13 exhibits included and bookmarked) (alt)
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Filing 39
ORDER granting #25 Motion to Consolidate Case 4:22cv00060 DN-PK into this case. All further pleadings in these matters shall be filed only in this case. Signed by Judge David Nuffer on 11/30/22 (alt)
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Filing 38
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Paul Kohler under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Nuffer on 11/30/2022. (pjd)
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Filing 37
EXHIBITS filed by American Anthropological Association, Archaeological Institute of America, Society for American Archaeology re #35 Exhibits,, #34 MOTION to Intervene and Memorandum in Support , #36 Exhibits. (Attachments: #1 Exhibit 11 - A Preliminary Assessment of Archaeological Resources, #2 Exhibit 12 - The Archaeology of Bears Ears, #3 Exhibit 13 - Bears Ears Archaeological Experts Gathering Report, #4 Exhibit 14 - What Trump_s Shrinking of National Monuments Actually Means, #5 Exhibit 15 - Proposal for the Creation of Bears Ears)(Petty, Wayne)
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Filing 36
EXHIBITS filed by Society for American Archaeology re #35 Exhibits,, #34 MOTION to Intervene and Memorandum in Support . (Attachments: #1 Exhibit 16 - Proposed Order, #2 Exhibit 17 - Proposed Answer)(Petty, Wayne)
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Filing 35
EXHIBITS filed by American Anthropological Association, Archaeological Institute of America, Society for American Archaeology re #34 MOTION to Intervene and Memorandum in Support . (Attachments: #1 Exhibit 6 Part 1 Declaration of Oona Schmid, #2 Exhibit 6 Part 2 Schmid Declaration, #3 Exhibit 6 Part 3 Schmid Declaration, #4 Exhibit 7 - Declaration of Catherine M. Cameron, #5 Exhibit 8 - Declaration of Robin Willscheidt, #6 Exhibit 9 - Declaration of Phil R. Geib, #7 Exhibit 10 Part 1 Deep Roots, Utah BLM Special Publication, #8 Exhibit 10 Part 2 BLM Publication)(Petty, Wayne)
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Filing 34
MOTION to Intervene and Memorandum in Support filed by Movants American Anthropological Association, Archaeological Institute of America, Society for American Archaeology. (Attachments: #1 Exhibit 1 - Declaration of Jerry Spangler, #2 Exhibit 2 - Declaration of Ralph E. Burillo, #3 Exhibit 3 - Part 1 Declaration of Josh Ewing, #4 Exhibit 3 - Part 2 Ewing Declaration, #5 Exhibit 4 - Declaration of Rebecca King, #6 Exhibit 5 - Declaration of Edward B. Liebow)(Petty, Wayne)
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Filing 33
MOTION to Intervene and Memorandum in Support filed by Movants Access Fund, The, Archaeology Southwest, Conservation Lands Foundation, Friends of Cedar Mesa, National Trust for Historic Preservation in the United States, The, Patagonia Works, Society of Vertebrate Paleontology, Utah Dine Bikeyah. (Attachments: #1 Exhibit A - M. Maryboy Declaration, #2 Exhibit B - V. Hadenfeldt Declaration, #3 Exhibit C - D. Polly Declaration, #4 Exhibit D - E. Merritt Declaration, #5 Exhibit E - Answer, #6 Text of Proposed Order) Attorney Brent V. Manning added to party Conservation Lands Foundation(pty:mov), Attorney Brent V. Manning added to party Society of Vertebrate Paleontology(pty:mov)(Manning, Brent)
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Filing 32
Motions No Longer Referred: #31 MOTION to Intervene and Memorandum in Support , #30 Consent MOTION for Extension of Time to File Answer re #2 Complaint , #29 Amended MOTION to Intervene and Memorandum in Support , #27 MOTION to Intervene and Memorandum in Support , #25 Consent MOTION to Consolidate Cases and Memorandum in Support (rsd)
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Filing 31
MOTION to Intervene and Memorandum in Support filed by Movants Grand Staircase Escalante Partners, Society of Vertebrate Paleontology, Conservation Lands Foundation. (Attachments: #1 Exhibit Bauman Declaration, #2 Exhibit Holland Declaration, #3 Exhibit Murray Declaration, #4 Exhibit Polly Declaration, #5 Text of Proposed Order Proposed Order, #6 Exhibit Proposed Answer) Attorney Raymond Scott Berry added to party Grand Staircase Escalante Partners(pty:mov), Attorney Raymond Scott Berry added to party Society of Vertebrate Paleontology(pty:mov), Attorney Raymond Scott Berry added to party Conservation Lands Foundation(pty:mov)(Berry, Raymond)
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Filing 30
Consent MOTION for Extension of Time to File Answer re #2 Complaint, filed by Defendants Joseph R. Biden, Jr, Bureau of Land Management, Department of Agriculture, Department of the Interior, Forest Service, Deb Haaland, Randy Moore, Tracy Stone-Manning, Tom Vilsack. (Attachments: #1 Text of Proposed Order)(Sawyer, Michael)
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Filing 29
Amended MOTION to Intervene and Memorandum in Support filed by Movants Hopi Tribe, Navajo Nation, Pueblo of Zuni, Ute Mountain Ute Tribe. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Moquin, Daniel)
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Filing 28
Amended MOTION to Intervene and Memorandum in Support filed by Movant Navajo Nation. (Attachments: #1 Text of Proposed Order)(Moquin, Daniel)
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Filing 27
MOTION to Intervene and Memorandum in Support filed by Movants Center for Biological Diversity, Grand Canyon Trust, Great Old Broads for Wilderness, National Parks Conservation Association, National Resources Defense Counsel, Sierra Club, Southern Utah Wilderness Alliance, Western Watersheds Project, WildEarth Guardians, Wilderness Society. (Attachments: #1 Exhibit 1 - Declaration of E. Atencio, #2 Exhibit 2 - Declaration of R. Bloxham, #3 Exhibit 3 - Declaration of J. Hanley, #4 Exhibit 4 - Declaration of W. Hoskisson, #5 Exhibit 5 - Declaration of S. Husby-Good, #6 Exhibit 6 - Declaration of D. Kent, #7 Exhibit 7 - Declaration of T. McKinnon, #8 Exhibit 8 - Declaration of E. Molvar, #9 Exhibit 9 - Declaration of T. Peterson, Jr., #10 Exhibit 10 - Declaration of K. Umekubo, #11 Exhibit 11 - Declaration of L. Welp, #12 Exhibit 12 - Proposed Order, #13 Exhibit 13 - Proposed Answer)(McIntosh, Heidi)
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Modification of Docket re #28 Amended MOTION to Intervene, #26 MOTION to Intervene. Error: Filer did not identify all parties who would be moving to intervene. Correction: All Movant parties have been added to the case - filer will now re-file their motion correctly with all 4 movants selected as filers and attachments properly separated from the main document. (alt)
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Filing 26
MOTION to Intervene and Memorandum in Support filed by Movant Navajo Nation. (Attachments: #1 Text of Proposed Order)(Moquin, Daniel)
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Filing 25
Consent MOTION to Consolidate Cases and Memorandum in Support filed by Defendants Joseph R. Biden, Jr, Bureau of Land Management, Department of Agriculture, Department of the Interior, Forest Service, Deb Haaland, Randy Moore, Tracy Stone-Manning, Tom Vilsack. (Attachments: #1 Text of Proposed Order)(Sawyer, Michael)
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Filing 24
ORDER granting #21 Unopposed Motion for 30-Day Extension to Respond to #2 Complaint: Defendants shall have 30 additional days to respond to Plaintiffs' Complaint beyond the default 60 days under Fed. R. Civ. P. 12(a)(2). Signed by Judge David Nuffer on 11/3/22. (dla)
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Filing 23
DOCKET TEXT ORDER granting #19 Motion for Admission Pro Hac Vice of Attorney Jeffrey S. Hetzel for Spencer J. Cox, Garfield County, Kane County, Sean D. Reyes, State of Utah.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. So ordered by Judge David Nuffer on 11/1/22 (docket text only - no attached document) (alt)
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Filing 22
DOCKET TEXT ORDER granting #18 Motion for Admission Pro Hac Vice of Attorney Taylor A.R. Meehan for Spencer J. Cox, Garfield County, Kane County, Sean D. Reyes, State of Utah.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. So ordered by Judge David Nuffer on 11/1/22 (docket text only - no attached document) (alt)
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Filing 21
Consent MOTION for Extension of Time to File Answer re #2 Complaint, filed by Defendants Joseph R. Biden, Jr, Bureau of Land Management, Department of Agriculture, Department of the Interior, Forest Service, Deb Haaland, Randy Moore, Tracy Stone-Manning, Tom Vilsack. (Attachments: #1 Text of Proposed Order)(Sawyer, Michael)
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Filing 20
NOTICE of Appearance by Michael S. Sawyer on behalf of Joseph R. Biden, Jr, Bureau of Land Management, Department of Agriculture, Department of the Interior, Forest Service, Deb Haaland, Randy Moore, Tracy Stone-Manning, Tom Vilsack (Sawyer, Michael)
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Filing 19
MOTION for Admission Pro Hac Vice of Jeffrey Hetzel , Registration fee $ 250, receipt number AUTDC-4479691,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiffs Spencer J. Cox, Garfield County, Kane County, Sean D. Reyes, State of Utah. (Attachments: #1 Exhibit Application, #2 Exhibit Proposed Order)(Green, Tyler)
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Filing 18
MOTION for Admission Pro Hac Vice of Taylor A.R. Meehan , Registration fee $ 250, receipt number AUTDC-4479670,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiffs Spencer J. Cox, Garfield County, Kane County, Sean D. Reyes, State of Utah. (Attachments: #1 Exhibit Application, #2 Exhibit Proposed Order)(Green, Tyler)
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Filing 17
NOTICE of Proofs of Service by Spencer J. Cox, Garfield County, Kane County, Sean D. Reyes, State of Utah (Attachments: #1 Exhibit A- Proof of Service-US Attorney Trina Higgins, #2 Exhibit B- Proof of Service- President Joseph R. Biden, Jr., #3 Exhibit C- Proof of Service- Secretary Deb Haaland, #4 Exhibit D- Proof of Service- U.S. Department of Interior, #5 Exhibit E- Proof of Service- Tracy Stone-Manning, #6 Exhibit F- Proof of Service- Bureau of Land Management, #7 Exhibit G- Proof of Service- Secretary Tom Vilsack, #8 Exhibit H- Proof of Service- U.S. Department of Agriculture, #9 Exhibit I- Proof of Service- Chief Randy Moore, #10 Exhibit J- Proof of Service- U.S. Forest Service, #11 Exhibit K- Proof of Service- Attorney General Merrick Garland) (Holyoak, Melissa)
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Filing 16
Remark: The deadline for submission of Magistrate Availability Form has now passed. The party did not file, therefore the case is ineligible for magistrate presider assignment and shall remain with the district judge. (alf)
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Filing 15
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Bureau of Land Management. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (ks)
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Filing 14
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Joseph R. Biden, Jr. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (ks)
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Filing 13
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Secretary Tom Vilsack U.S. Department of Agriculture. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (ks)
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Filing 12
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Secretary Deb Haaland United States Department of Interior. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (ks)
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Filing 11
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Chief Randy Moore United States Forest Service. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (ks)
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Filing 10
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Director Tracy Stone-Manning Bureau of Land Management. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (ks)
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Filing 9
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Department of Agriculture. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (ks)
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Filing 8
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Department of the Interior. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (ks)
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Filing 7
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Forest Service. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (ks)
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Filing 6
**RESTRICTED DOCUMENT**Summons Issued Electronically as to United States of America c/o Merrick Garland Attorney General. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (ks)
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Filing 5
**RESTRICTED DOCUMENT**Summons Issued Electronically as to United States of America United States Attorneys Office, District of Utah c/o U.S. Attorney Trina A. Higgins. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (ks)
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Filing 4
REFUND REQUEST FOR DUPLICATE FEE PAYMENT filed by Holyoak, Melissa.Authorized refunds for credit card or debit card payments will be processed through Pay.gov. Authorized refunds of ACH payments will be issued by check through the U.S. Treasury. A waiting period of up to 30 days may be required before your request is approved. If you have not received your refund after 40 days, please contact the clerk's office and ask to speak someone in the finance department. (Holyoak, Melissa)
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Filing 3
NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, you are hereby notified that a magistrate judge for the District of Utah is available to conduct proceedings in this case, including a jury or bench trial and entry of a final judgment. The magistrate judge may preside over this case only after the relevant parties voluntarily sign and return the #Consent Form. To have a magistrate judge preside over this case, please complete and return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail to the address on the form. Please do not file the Consent Form in the case docket. Notice e-mailed or mailed to Plaintiffs Spencer J. Cox, Garfield County, Kane County, Sean D. Reyes, State of Utah. (Notice generated by Court) Form due by 9/14/2022. (ks)
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Filing 2
COMPLAINT for Declaratory and Injunctive Relief against All Defendants (Filing fee $ 402, receipt number AUTDC-4426664) filed by Sean D. Reyes, Kane County, Garfield County, Spencer J. Cox, State of Utah. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge David Nuffer (Holyoak, Melissa)
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Filing 1
Case has been indexed and assigned to Judge David Nuffer. Plaintiffs Garfield County, Kane County, State of Utah is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402. by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (ks)
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