Case: Western Watersheds Project v. Fish and Wildlife Service, United States

Western Watersheds Project v. U.S. Fish and Wildlife Service

COMPLAINT against Fish and Wildlife Service, United States ( Filing fee $ 350 receipt number 0976-601177.), filed by Western Watersheds Project. (Attachments: # 1 Cover Sheet, # 2 Summons)(Lucas, Laurence)

Summons Issued as to US Fish & Wildlife Service, U.S. Attorney and U.S. Attorney General (Print attached Summons for service.) (jm)

CERTIFICATE OF SERVICE by Western Watersheds Project re 1 Complaint and Summons (Attachments: # 1 Exhibit Return receipts)(Lucas, Laurence)

SUMMONS Returned Executed by Western Watersheds Project. US Fish & Wildlife Service served on 5/11/2010, answer due 7/12/2010. (Attachments: # 1 Exhibit Return receipts)(Lucas, Laurence)

NOTICE of Appearance by Daniel J Pollak on behalf of US Fish & Wildlife Service (Pollak, Daniel)

NOTICE of Hearing: Telephonic Scheduling Conference set for 7/20/2010 at 11:00 AM before Judge B. Lynn Winmill. (Attachments: # 1 Litigation Plan Letter, # 2 Litigation Plan)(jlg)

NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for US Fish & Wildlife Service, Western Watersheds Project re 1 Complaint, 5 Notice of Appearance Consent/Objection to Magistrate due by 8/19/2010. (cjm)

AMENDED COMPLAINT against US Fish & Wildlife Service, filed by Western Watersheds Project, Center for Biological Diversity, WildEarth Guardians.(Lucas, Laurence)

MOTION to Intervene William Gerry Myers, III appearing for Intervenor Defendant State of Wyoming. Responses due by 7/23/2010 (Attachments: # 1 Proposed Answer, # 2 Memorandum in Support, # 3 Declaration of Tom Christiansen)(Myers, William)

MOTION FOR PRO HAC VICE APPEARANCE by Affie Ellis. ( Filing fee $ 200 receipt number 0976-624567.)William Gerry Myers, III appearing for Intervenor Defendant State of Wyoming. Responses due by 7/23/2010 (Myers, William)

MOTION FOR PRO HAC VICE APPEARANCE by James Kaste. ( Filing fee $ 200 receipt number 0976-624573.)William Gerry Myers, III appearing for Intervenor Defendant State of Wyoming. Responses due by 7/23/2010 (Myers, William)

DOCKET ENTRY ORDER Approving 10, 11 Applications for Pro Hac Vice Appearance of attorneys James Kaste and Affie Ellis for State of Wyoming. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)

PROPOSED ANSWER of Proposed Intervenor State of Wyoming to Plaintiffs' Amended Complaint by State of Wyoming re 8 Amended Complaint (Proposed Answer) (Myers, William) Modified on 7/1/2010 to edit text (jm).

MOTION for Extension of Time to File Answer re 8 Amended Complaint (Unopposed) Daniel J Pollak appearing for Defendant US Fish & Wildlife Service. Responses due by 7/26/2010 (Pollak, Daniel)

DOCKET ENTRY ORDER Finding good cause therefore, NOW THEREFORE IT IS HEREBY ORDERED, that the motion for extension of time to answer 14 is GRANTED, and that the US Fish & Wildlife Service answer is due 7/19/2010. Signed by Judge B. Lynn Winmill.(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dm)

SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Center for Biological Diversity, US Fish & Wildlife Service, Western Watersheds Project, WildEarth Guardians. (Attachments: # 1 Attachment to litigation plan)(Lucas, Laurence)

Corporate Disclosure Statement by Center for Biological Diversity, Western Watersheds Project, WildEarth Guardians. (Lucas, Laurence)

CASE MANAGEMENT ORDER The Telephonic Scheduling Conference set for 7/20/10 at 11:00 AM is vacated. The Service will file the Administrative Record by 10/15/10. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)

ANSWER to 8 Amended Complaint by US Fish & Wildlife Service.(Pollak, Daniel)

RESPONSE to Motion re 9 MOTION to Intervene filed by Center for Biological Diversity, Western Watersheds Project, WildEarth Guardians. Replies due by 8/9/2010.(Lucas, Laurence)

REPLY to Response to Motion re 9 MOTION to Intervene filed by State of Wyoming.(Myers, William)

CONSENT filed. (jm)

MOTION to Intervene Nathan M Olsen appearing for Intervenor Defendants Wyoming Farm Bureau Federation, Idaho Farm Bureau Federation, Idaho Cattle Association, Custer County Farm Bureau. Responses due by 9/16/2010 (Attachments: # 1 Memorandum in Support, # 2 Proposed Answer to Amended Complaint, # 3 Affidavit Rod Evans, # 4 Affidavit Ken Hamilton, # 5 Affidavit Rick D. Keller, # 6 Affidavit Wyatt Prescott, # 7 Exhibit A to Declaration of Wyatt Prescott)(Olsen, Nathan)

MOTION FOR PRO HAC VICE APPEARANCE by James S. Burling. ( Filing fee $ 200 receipt number 0976-644879.)Nathan M Olsen appearing for Intervenor Defendants Custer County Farm Bureau, Idaho Cattle Association, Idaho Farm Bureau Federation, State of Wyoming. Responses due by 9/16/2010 (Olsen, Nathan)

MOTION FOR PRO HAC VICE APPEARANCE by Brandon M. Middleton. ( Filing fee $ 200 receipt number 0976-644891.)Nathan M Olsen appearing for Intervenor Defendants Custer County Farm Bureau, Idaho Cattle Association, Idaho Farm Bureau Federation. Responses due by 9/16/2010 (Olsen, Nathan)

DOCKET ENTRY ORDER Approving 24, 25 Applications for Pro Hac Vice Appearance of attorneys Brandon M Middleton and James S Burling for Custer County Farm Bureau, Idaho Cattle Association, Idaho Farm Bureau Federation, and Wyoming Farm Bureau Federation. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)

RESPONSE to Motion re 23 MOTION to Intervene Plaintiffs' Response To Ranchers' Motion To Intervene filed by Center for Biological Diversity, Western Watersheds Project, WildEarth Guardians. Replies due by 10/4/2010.(Lucas, Laurence)

REPLY to Response to Motion re 23 MOTION to Intervene filed by Custer County Farm Bureau, Idaho Cattle Association, Idaho Farm Bureau Federation, Wyoming Farm Bureau Federation.(Middleton, Brandon)

MOTION for Extension of Time to File Administrative Record (Unopposed) Daniel J Pollak appearing for Defendant US Fish & Wildlife Service. Responses due by 11/1/2010 (Pollak, Daniel)

DOCKET ENTRY ORDER granting 29 Motion for Extension of Time to File Administrative Record. The Administrative Record shall be filed on or before October 22, 2010. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dm)

MOTION to Intervene by the State of Utah Bruce M Smith, Thomas A Mitchell appearing for Intervenor Defendant Utah, State of. Responses due by 11/15/2010 (Attachments: # 1 Memorandum in Support, # 2 Exhibit Proposed Answer to Amended Complaint, # 3 Affidavit Declaration of David W. Olsen)(Smith, Bruce)

NOTICE by US Fish & Wildlife Service Filing of Administrative Record (Attachments: # 1 Exhibit Declaration, # 2 Supplement Manual Filing Notification)(Pollak, Daniel) Modified on 10/25/2010 to reflect DVD placed on shelf in Clerk's office(cjm).

SUPPLEMENT by Defendant US Fish & Wildlife Service re 32 Notice (Other), Notice (Other) Index of Admin. Record (Exhibit 2). (Pollak, Daniel)

NOTICE by US Fish & Wildlife Service re 33 Supplement, 32 Notice (Other), Notice (Other) Filing of Revised Administrative Record Index (Attachments: # 1 Exhibit Declaration of Patricia Deibert, # 2 Exhibit Revised Index)(Pollak, Daniel) Modified on 11/4/2010 to reflect actual disk of Revised Admin Record Index placed on shelf in Clerk's office (cjm).

MEMORANDUM in Opposition re 31 MOTION to Intervene by the State of Utah filed by Center for Biological Diversity, Western Watersheds Project, WildEarth Guardians. Replies due by 12/2/2010.(Lucas, Laurence)

STATUS REPORT by Center for Biological Diversity, Western Watersheds Project, WildEarth Guardians. (Tucci, Todd)

DOCKET ENTRY ORDER Finding good cause therefore, NOW THEREFORE IT IS HEREBY ORDERED, that the alterations to the Case Management Order set forth in the joint Status Report 36 are APPROVED and the new deadlines are as follows: (1) January 7, 2011: Plaintiffs objections to the record resolved, or appropriate motions filed (following Local Rules); (2) February 21, 2011: Plaintiffs opening summary judgment brief filed (assumes record is settled; if not, opening SJ due 45 days after record is settled);(3) April 7, 2011: Services combined opening/response SJ brief filed (or 45 days after WWPs opening brief);(4) May 9, 2011: WWPs combined reply/response SJ brief filed (or 30 days after Services opening brief);(5) June 8, 2011: Services reply brief filed (or 30 days after Plaintiffs reply);The remaining provisions in the July 2010 Joint Litigation Plan remain unchanged. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dm)

REPLY to Response to Motion re 31 MOTION to Intervene by the State of Utah filed by Utah, State of.(Smith, Bruce)

STIPULATION re 16 Scheduling Conf Form/Litigation Plan, 36 Status Report, 37 Order, Order, Order, Order, Order by US Fish & Wildlife Service. (Pollak, Daniel)

DOCKET ENTRY ORDER Finding good cause therefore, the Stipulation 39 is APPROVED, and the following deadlines govern this case: (1) February 7, 2011: Plaintiffs objections to the record resolved, or appropriate motions filed (following Local Rules); (2) March 23, 2011: Plaintiffs opening summary judgment brief filed (assumes record is settled; if not, Plaintiffs opening SJ brief due 45 days after record is settled); (3) May 9, 2011: Services combined opening/response SJ brief filed (or 45 days after Plaintiffs opening brief); (4) June 8, 2011: Plaintiffs combined reply/response SJ brief filed (or 30 days after Services opening brief); (5) July 8, 2011: Services reply brief filed (or 30 days after Plaintiffs reply); and (6) The remaining provisions in the July 2010 Joint Litigation Plan remain unchanged. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dm)

NOTICE by State of Wyoming of Supplemental Authority (Attachments: # 1 Exhibit Opinion)(Myers, William)

NOTICE by Utah, State of Supplemental Authority (Attachments: # 1 Exhibit Opinion)(Smith, Bruce)

STIPULATION Stipulated Request for Stay by US Fish & Wildlife Service. (Pollak, Daniel)

DOCKET ENTRY ORDER The Stipulation 43 is APPROVED. This case is STAYED until May 16, 2011. On or before May 16, 2011, the parties shall file a Status Report setting forth the status of their settlement negotiations. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dm)

MOTION to File Amicus Brief Paul A Turcke appearing for Movants Safari Club International, National Rifle Association. Responses due by 4/4/2011 (Turcke, Paul)

MEMORANDUM in Support re 45 MOTION to File Amicus Brief filed by National Rifle Association, Safari Club International. (Attachments: # 1 Exhibit Declaration of Rew Goodenow, # 2 Exhibit Declaration of Chris Cox, # 3 Exhibit Declaration of Philip Spulnik)(Turcke, Paul)

ERRATA by Movants National Rifle Association, Safari Club International re 46 Memorandum in Support of Motion, Memorandum in Support of Motion for Leave to Participate as Amicus Curiae. (Attachments: # 1 Exhibit Declaration of Rew Goodenow, # 2 Exhibit Declaration of Chris Cox, # 3 Exhibit Declaration of Philip Spulnik)(Turcke, Paul)

Corporate Disclosure Statement by National Rifle Association, Safari Club International. (Turcke, Paul)

DOCKET ENTRY ORDER This case has been stayed until May 16, 2011, as the parties pursue settlement 44 . There are four pending motions in this case that may be rendered moot if the case settles. To ensure that the Courts docket reflects only motions actively under consideration, the Court will administratively terminate the motions. If the settlement breaks down and the stay is lifted, the motions will automatically be reinstated on the Courts active docket without any action needed from those filing the motions. Accordingly, NOW THEREFORE IT IS HEREBY ORDERED, that motions 9, 23, 31, and 45 are ADMINISTRATIVELY TERMINATED to be automatically reinstated to the Courts active docket upon the lifting of the stay. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dm)

NOTICE by US Fish & Wildlife Service re 44 Order, Order Status Report and Notice of Related Settlement (Attachments: # 1 Exhibit MDL Settlement, # 2 Exhibit Joint Motion re MDL Settlement)(Pollak, Daniel)

STATUS REPORT by Center for Biological Diversity, Western Watersheds Project, WildEarth Guardians. (Lucas, Laurence)

NOTICE of Appearance by Regina Elizabeth Hovet on behalf of Center for Biological Diversity, Western Watersheds Project (Hovet, Regina)

NOTICE of Substitution - Attorney Todd C Tucci; Natalie Jane Havlina and Laurence J Lucas terminated. (Hovet, Regina)

NOTICE of Substitution - Attorney Ryan William Sudbury for WildEarth Guardians added. Attorney Laurence J Lucas terminated. (Sudbury, Ryan)

MOTION FOR PRO HAC VICE APPEARANCE by Thomas J. Woodbury. ( Filing fee $ 200 receipt number 0976-757952.)Regina Elizabeth Hovet appearing for Plaintiffs Center for Biological Diversity, Western Watersheds Project. Responses due by 7/5/2011 (Hovet, Regina)

DOCKET ENTRY ORDER approving 55 Motion for Pro Hac Vice Appearance of attorney Thomas J Woodbury for Center for Biological Diversity and Western Watersheds Project. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)

DOCKET ENTRY NOTICE OF HEARING: A Telephonic Status Conference will be held with Judge Winmill's Law Clerk Dave Metcalf on 6/29/2011 at 10:00 a.m. Plaintiff's counsel shall place the call with opposing counsel on the line to (208) 334-9025. (jlg)

MOTION FOR PRO HAC VICE APPEARANCE by Amy R. Atwood. ( Filing fee $ 200 receipt number 0976-764841.)Regina Elizabeth Hovet appearing for Plaintiffs Center for Biological Diversity, Western Watersheds Project. Responses due by 7/21/2011 (Hovet, Regina)

DOCKET ENTRY ORDER approving 58 Motion for Pro Hac Vice Appearance of attorney Amy R Atwood for Center for Biological Diversity. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)

DOCKET ENTRY ORDER: The Courts staff held a status conference with all counsel on June 29, 2011. The Court understands that two plaintiffs plan to enter into settlements in another case that, when approved, would prompt them to withdraw from this litigation. Plaintiff WWP is not settling and desires to proceed with dispositive motions. Defendant United States asks that no briefing schedule be set until the settlements are final. The Court finds that this case must proceed forward now. Accordingly, NOW THEREFORE IT IS HEREBY ORDERED, that the stay 44 is LIFTED. The pending motions 9 23 31 and 45 are REINSTATED. The parties shall file any dispositive motions on or before September 19, 2011. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dm)

NOTICE of Substitution - Attorney Regina Elizabeth Hovet terminated. (Camacho Mendoza, Natalie)

MEMORANDUM DECISION AND ORDER granting 31 Motion to Intervene; granting 9 Motion to Intervene; granting 23 Motion to Intervene. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)

MOTION FOR PRO HAC VICE APPEARANCE by Thomas A. Mitchell. ( Filing fee $ 200 receipt number 0976-772139.)Bruce M Smith appearing for Intervenor Defendant Utah, State of. Responses due by 8/11/2011 (Smith, Bruce)

DOCKET ENTRY ORDER granting 63 Application for Pro Hac Vice Appearance of attorney Thomas A Mitchell for Utah, State of. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)

NOTICE of Change of Address by Brandon Murray Middleton (Middleton, Brandon)

STIPULATION re 60 Order, Order, Order, Order Stipulated Request for Modification of Litigation Plan by US Fish & Wildlife Service. (Attachments: # 1 Supplement Proposed Order)(Pollak, Daniel)

ORDER re 66 Stipulation filed by US Fish & Wildlife Service. Plaintiffs shall file opening summary judgment briefs by 9/19/2011. (Motions due by 9/19/2011.) Defendants and Defendant Intervenors shall file combined cross-motions for summary judgment/oppositions to Plaintiffs' motions by 10/19/2011. Plaintiffs' oppositions/reply briefs to be filed by 11/18/2011. Defendants' and Defendant Intervenors' reply briefs to be filed by 12/9/2011. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)

DOCKET ENTRY ORDER granting 45 Motion to file Amicus Brief. Amici will be allowed to file a single brief, due October 19, 2011. No further briefing will be allowed from Amici. The Amicus brief shall be limited to 20 pages, with no extension permitted. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dm)

MOTION to Withdraw as Attorney re Affie Ellis William Gerry Myers, III appearing for Intervenor Defendant State of Wyoming. Responses due by 9/22/2011 (Myers, William)

DOCKET ENTRY ORDER granting 69 Motion to Withdraw as Attorney. Attorney Affie Ellis terminated. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dm)

MOTION for Summary Judgment Thomas J Woodbury appearing for Plaintiff Western Watersheds Project. Responses due by 10/14/2011 (Woodbury, Thomas)

MEMORANDUM in Support re 71 MOTION for Summary Judgment filed by Western Watersheds Project.(Woodbury, Thomas)

CERTIFICATE OF SERVICE by Western Watersheds Project re 71 MOTION for Summary Judgment, 72 Memorandum in Support of Motion filed as a Corrective Entry (Hovet, Regina)

NOTICE by US Fish & Wildlife Service re 50 Notice (Other) Approval of Related Settlement Agreements (Attachments: # 1 Exhibit Order (MDL Dkt. 55), # 2 Exhibit Order (MDL Dkt. 56), # 3 Exhibit Agreement (MDL Dkt. 31-1), # 4 Exhibit Agreement (MDL Dkt. 42-1))(Pollak, Daniel)

DOCKET ENTRY NOTICE of Hearing on Motion 71 MOTION for Summary Judgment : Motion Hearing set for 12/5/2011 09:00 AM in Pocatello - District Courtroom before Judge B. Lynn Winmill. (so)

AMENDED DOCKET ENTRY NOTICE OF HEARING: The hearing on the 71 Motion for Summary Judgment set for 12/5/2011 has been RESCHEDULED for 12/21/2011 at 3:00 PM in Pocatello - District Courtroom before Judge B. Lynn Winmill. (jlg)

MOTION FOR PRO HAC VICE APPEARANCE by Mike McGrady. ( Filing fee $ 200 receipt number 0976-800434.)William Gerry Myers, III appearing for Intervenor Defendant State of Wyoming. Responses due by 10/27/2011 (Myers, William)

DOCKET ENTRY ORDER approving 77 Motion for Pro Hac Vice Appearance of attorney Mike McGrady for State of Wyoming. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)

Cross MOTION for Summary Judgment (Intervenors) William Gerry Myers, III appearing for Intervenor Defendants Custer County Farm Bureau, Idaho Cattle Association, Idaho Farm Bureau Federation, State of Wyoming, Utah, State of, Wyoming Farm Bureau Federation. Responses due by 11/14/2011 (Attachments: # 1 Memorandum in Support)(Myers, William)

RESPONSE to Motion re 71 MOTION for Summary Judgment filed by Custer County Farm Bureau, Idaho Cattle Association, Idaho Farm Bureau Federation, State of Wyoming, Utah, State of, Wyoming Farm Bureau Federation. Replies due by 11/7/2011.(Myers, William)

Consent MOTION to Withdraw as Plaintiff from Case Amy R Atwood appearing for Plaintiff Center for Biological Diversity. Responses due by 11/14/2011 (Attachments: # 1 Exhibit Settlement Agreement)(Atwood, Amy)

RESPONSE to Motion re 79 Cross MOTION for Summary Judgment (Intervenors), 71 MOTION for Summary Judgment filed by National Rifle Association, Safari Club International. Replies due by 11/7/2011. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Turcke, Paul)

Cross MOTION for Summary Judgment and Opposition to 71 Motion for Summary Judgment Daniel J Pollak appearing for Defendant US Fish & Wildlife Service. Responses due by 11/14/2011 (Attachments: # 1 Memorandum in Support, # 2 Exhibit Frazer Declaration, # 3 Exhibit First MDL Agreement, # 4 Exhibit Second MDL Agreement, # 5 Exhibit NRDC v. Norton 2007 WL 14283, # 6 Exhibit ONRC v. Keys 2004 WL 1048168, # 7 Exhibit CBD v. Kempthorne 2008 U.S. Dist. LEXIS 4866, # 8 Exhibit CNPS v. Norton 2005 WL 768444)(Pollak, Daniel) Modified on 10/20/2011 to add link (cjm).

1 Memorandum in Support

View on RECAP

2 Exhibit Frazer Declaration

View on PACER

3 Exhibit First MDL Agreement

View on PACER

4 Exhibit Second MDL Agreement

View on PACER

5 Exhibit NRDC v. Norton 2007 WL 14283

View on PACER

6 Exhibit ONRC v. Keys 2004 WL 1048168

View on PACER

7 Exhibit CBD v. Kempthorne 2008 U.S. Dist. LEXIS 4866

View on PACER

8 Exhibit CNPS v. Norton 2005 WL 768444

View on PACER

ERRATA by Defendant US Fish & Wildlife Service re 83 Cross MOTION for Summary Judgment and Opposition to 71 Motion for Summary Judgment. (Attachments: # 1 Supplement Cross-Motion for Summary Judgment and Joint Motion to Dismiss)(Pollak, Daniel) Modified on 10/20/2011 to add link (cjm).

DOCKET ENTRY NOTICE OF HEARING - The 79 Intervenor's Cross Motion for Summary Judgment, and 83 Cross Motion for Summary Judgment shall be heard at the motion hearing already scheduled for 12/21/2011 at 3:00 PM in Pocatello - District Courtroom before Judge B. Lynn Winmill, along with 71 Motion for Summary Judgment.(jlg)

ORDER granting 81 Motion to Withdraw. Plaintiff Center for Biological Diversity is hereby allowed to withdraw as a party plaintiff from this case. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)

NOTICE by US Fish & Wildlife Service Issuance of 2011 "Candidate Notice of Review" (Attachments: # 1 Supplement 2011 Candidate Notice of Review)(Pollak, Daniel)

RESPONSE to Motion re 79 Cross MOTION for Summary Judgment (Intervenors), 83 Cross MOTION for Summary Judgment and Opposition to Motion for Summary Judgment, 71 MOTION for Summary Judgment and consolidated Reply filed by Western Watersheds Project. Replies due by 12/5/2011.(Woodbury, Thomas)

DECLARATION of Jon Marvel filed by Western Watersheds Project. (Woodbury, Thomas) Modified on 11/18/2011 to create a relationship to Doc #'s 71,79, & 83 (dks).

REPLY to Response to Motion re 79 Cross MOTION for Summary Judgment (Intervenors) filed by Custer County Farm Bureau, Idaho Cattle Association, Idaho Farm Bureau Federation, State of Wyoming, Utah, State of, Wyoming Farm Bureau Federation.(Myers, William)

REPLY to Response to Motion re 83 Cross MOTION for Summary Judgment and Opposition to Motion for Summary Judgment and Reply re Joint Motion to Dismiss filed by US Fish & Wildlife Service. (Attachments: # 1 Exhibit Tutchton Declaration)(Pollak, Daniel)

Minute Entry for proceedings held before Judge B. Lynn Winmill: Motion Hearing held on 12/21/2011 re 79 Cross MOTION for Summary Judgment (Intervenors)filed by Idaho Farm Bureau Federation, Custer County Farm Bureau, Idaho Cattle Association, Utah, State of, State of Wyoming, Wyoming Farm Bureau Federation, 71 MOTION for Summary Judgment filed by Western Watersheds Project, 83 Cross MOTION for Summary Judgment and Opposition to Motion for Summary Judgment filed by US Fish & Wildlife Service. All matters deemed UNDER ADVISEMENT and the Court will issue a Written Decision. (Court Reporter/ESR Tammy Hohenleitner.) (paf) (Entered: 12/22/2011)

MEMORANDUM DECISION. The Court will issue a separate Judgment as required by Rule 58(a). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)

JUDGMENT denying 71 Motion for Summary Judgment; granting 79 Cross MOTION for Summary Judgment; granting in part and denying in part 83 Cross Motion for Summary Judgment. The Clerk shall close this case. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm) (Entered: 02/03/2012)

MOTION to Amend/Correct 94 Judgment, Judgment Thomas J Woodbury appearing for Plaintiff Western Watersheds Project. Responses due by 3/23/2012 (Woodbury, Thomas)

MEMORANDUM in Support re 95 MOTION to Amend/Correct 94 Judgment, Judgment filed by Western Watersheds Project.(Woodbury, Thomas)

CERTIFICATE OF SERVICE by Western Watersheds Project re 96 Memorandum in Support of Motion, 95 MOTION to Amend/Correct 94 Judgment, Judgment (Woodbury, Thomas)

CERTIFICATE OF SERVICE by Western Watersheds Project re 96 Memorandum in Support of Motion, 95 MOTION to Amend/Correct 94 Judgment, Judgment, 97 Certificate of Service CORRECTED (Woodbury, Thomas)

RESPONSE to Motion re 95 MOTION to Amend/Correct 94 Judgment, Judgment filed by State of Wyoming, State of Utah, Wyoming Farm Bureau Federation, Idaho Farm Bureau Federation, Idaho Cattle Association and Custer County Farm Bureau. Replies due by 4/6/2012.(Myers, William) Modified on 3/21/2012 to edit text to reveal all parties filing response (cjm).

RESPONSE to Motion re 95 MOTION to Amend/Correct 94 Judgment, Judgment filed by WildEarth Guardians. Replies due by 4/9/2012.(Sudbury, Ryan)