Docket Entries Since Last Update
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Court Dockets
U.S. District Court
District of Montana (Great Falls)
CIVIL DOCKET FOR CASE #: 4:18-cv-00073-BMM
District of Montana (Great Falls)
CIVIL DOCKET FOR CASE #: 4:18-cv-00073-BMM
Wildearth Guardians et al v. U.S. Bureau of Land Management et al
DOCKET INFORMATION
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| Plaintiff |
Wildearth Guardians
Plaintiff
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| Representation | |||
| Elizabeth B. Forsyth EARTHJUSTICE - SEATTLE 810 3rd Ave #610 Seattle, WA 98104 (213) 766-1067 Fax: (213) 403-4822 eforsyth@earthjustice.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | Kyle Tisdel WESTERN ENVIRONMENTAL LAW CENTER - TAOS 208 Paseo del Pueblo Sur, Unit 602 Taos, NM 87571 (575) 613-8050 tisdel@westernlaw.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED | Shiloh Silvan Hernandez EARTHJUSTICE 313 East Main Street P.O. Box 4743 Bozeman, MT 59772-4743 (406) 586-9692 ext. 1929 shernandez@earthjustice.org LEAD ATTORNEY ATTORNEY TO BE NOTICED | |
| Joel Minor EARTHJUSTICE - DENVER 633 17th Street, Suite 1600 Denver, CO 80202 (303) 996-9628 Fax: (720) 550-5757 jminor@earthjustice.org TERMINATED: 09/25/2019 PRO HAC VICE | Laura King 7 Mergenthaler Road Montana City, MT 59634 (909) 200-9776 laurahelenking@gmail.com ATTORNEY AT LAW TERMINATED: 11/20/2019 | ||
| Defendant |
U.S. Bureau of Land Management an agency within the U.S. Department of the InteriorDefendant
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| Representation | |||
| Luther L. Hajek U.S. DEPARTMENT OF JUSTICE - DENVER 999 18th Street Denver, CO 80202 (303) 844-1376 Fax: (303) 844-1350 luke.hajek@usdoj.gov South Terrace, Suite 370 LEAD ATTORNEY ATTORNEY TO BE NOTICED | Paul A. Turcke MOORE SMITH BUXTON & TURCKE 950 West Bannock Street Suite 520 Boise, ID 83702 (208) 331-1800 Fax: (208) 331-1202 paul.turcke@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED | Rebecca J. Jaffe U.S. DEPARTMENT OF JUSTICE - E.N.R.D. GENERAL LITIGATION 601 D Street NW Washington, DC 20044 (202) 305-0258 Fax: (202) 305-0506 rebecca.jaffe@usdoj.gov TERMINATED: 12/09/2019 | |
Numbers shown are court assigned numbers.
| Entry | Filed | Description | |
|---|---|---|---|
| 1 | May 15, 2018 | View | COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants, filed by Plaintiffs Wildearth Guardians, Montana Environmental Information Center, David Katz, Jack Martinell, Bonnie Martinell. (Attachments: # 1 Civil Cover Sheet, # 2 Blank Summons - BLM, # 3 Blank Summons - Judice, # 4 Blank Summons - Kornze, # 5 Blank Summons - Zinke) (SLR) (Entered: 05/15/2018) |
| May 15, 2018 | Filing fee: $ 400.00, receipt number 0977-2134260. (SLR) (Entered: 05/15/2018) | ||
| 2 | May 15, 2018 | Request | Summons Issued as to All Defendants. Original issued Summonses mailed to Counsel King. (SLR) (Entered: 05/15/2018) |
| 3 | May 15, 2018 | Request | MOTION Kyle J. Tisdel to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2134340.) Laura King appearing for Plaintiffs David Katz, Bonnie Martinell, Jack Martinell, Montana Environmental Information Center, Wildearth Guardians (Attachments: # 1 Affidavit) (King, Laura) (Entered: 05/15/2018) |
| 4 | May 15, 2018 | Request | MOTION Elizabeth B. Forsyth to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2134368.) Laura King appearing for Plaintiffs David Katz, Bonnie Martinell, Jack Martinell, Montana Environmental Information Center, Wildearth Guardians (Attachments: # 1 Affidavit) (King, Laura) (Entered: 05/15/2018) |
| 5 | Jun 20, 2018 | Request | ORDER: IT IS ORDERED Plaintiffs' motions to allow Ms. Forsyth and Mr. Tisdel appear on their behalf are GRANTED, subject to the following conditions: SEE ORDER FOR FULL DETAILS AND RESPONSE DEADLINE. Copy of Order mailed to PHV Counsel Forsyth. PHV Counsel Tisdel is a registered CM/ECF user. Signed by Judge Brian Morris on 6/20/2018. (SLR) (Entered: 06/20/2018) |
| 6 | Jun 20, 2018 | Request | Letter from Tyler P. Gilman, Clerk of Court, to PHV Counsel Elizabeth Forsyth re CM/ECF registration. Letter mailed to Counsel Forsyth. (SLR) (Entered: 06/20/2018) |
| Jun 21, 2018 | Remark; PHV attorney Elisabeth Forsyth is now a registered e-filer. (TLO) (Entered: 06/21/2018) | ||
| 7 | Jun 25, 2018 | Request | NOTICE of Acknowledgment of Pro Hac Vice Order by David Katz, Bonnie Martinell, Jack Martinell, Montana Environmental Information Center, Wildearth Guardians (Forsyth, Elizabeth) (Entered: 06/25/2018) |
| 8 | Jun 26, 2018 | Request | AFFIDAVIT of Service for Summonses and Complaint served on United States Bureau of Land Management, Donato Judice, Ryan Zinke, Kurt Alme on 5/15/2018, filed by David Katz, Bonnie Martinell, Jack Martinell, Montana Environmental Information Center, Wildearth Guardians. (Attachments: # 1 Proof of Service Forms and Receipts) (King, Laura) (Entered: 06/26/2018) |
| Jun 26, 2018 | Set Deadlines: U.S. Bureau of Land Management answer due 7/17/2018; Ryan Zinke answer due 7/17/2018. (SLR) (Entered: 06/26/2018) | ||
| Jun 26, 2018 | Set Deadlines: Donato Judice answer due 7/16/2018. (SLR) (Entered: 06/26/2018) | ||
| 9 | Jun 29, 2018 | Request | NOTICE of Acknowledgment of Pro Hac Vice Order by David Katz, Bonnie Martinell, Jack Martinell, Montana Environmental Information Center, Wildearth Guardians (Tisdel, Kyle) (Entered: 06/29/2018) |
| 10 | Jul 16, 2018 | Request | NOTICE of Appearance by Rebecca J. Jaffe on behalf of All Defendants (Jaffe, Rebecca) (Entered: 07/16/2018) |
| 11 | Jul 16, 2018 | Request | ANSWER to 1 Complaint, by Donato Judice, U.S. Bureau of Land Management, Ryan Zinke. (Jaffe, Rebecca) (Entered: 07/16/2018) |
| 12 | Aug 29, 2018 | Request | PRELIMINARY PRETRIAL CONFERENCE ORDER: Preliminary Pretrial Statement due by 9/26/2018. Joint Discovery Plan due by 9/26/2018. Statement of Stipulated Facts due by 9/26/2018. Preliminary Pretrial Conference set for 10/3/2018 at 02:30 PM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 8/28/2018. (SLR) (Entered: 08/29/2018) |
| 13 | Sep 26, 2018 | Request | JOINT CASE MANAGEMENT PLAN by David Katz, Bonnie Martinell, Jack Martinell, Montana Environmental Information Center, Wildearth Guardians. (Attachments: # 1 Text of Proposed Order) (King, Laura) (Entered: 09/26/2018) |
| 14 | Sep 27, 2018 | View | ORDER (CASE MANAGEMENT PLAN): The Court has reviewed the parties' 13 Joint Proposed Case Management Plan and hereby enters the following Order: SEE ORDER FOR FULL DETAILS AND DEADLINES. Signed by Judge Brian Morris on 9/27/2018. (SLR) (Entered: 09/27/2018) |
| 15 | Oct 3, 2018 | View | ORDER: A hearing on the parties' cross motions for summary judgment will be held on 6/26/2019 at 01:30 PM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 10/3/2018. (MMS) (Entered: 10/03/2018) |
| 16 | Jan 15, 2019 | Request | Unopposed MOTION to Stay Rebecca J. Jaffe appearing for Defendants Donato Judice, U.S. Bureau of Land Management, Ryan Zinke (Attachments: # 1 Text of Proposed Order) (Jaffe, Rebecca) (Entered: 01/15/2019) |
| 17 | Jan 25, 2019 | Request | MOTION Joel Minor to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2255246.) Laura King appearing for Plaintiffs David Katz, Bonnie Martinell, Jack Martinell, Montana Environmental Information Center, Wildearth Guardians (Attachments: # 1 Affidavit, # 2 Text of Proposed Order) (King, Laura) (Entered: 01/25/2019) |
| 18 | Jan 28, 2019 | Request | ORDER: Before the Court is Defendants Bureau of Land Management, et al.'s 16 Motion to Stay. IT IS ORDERED that Defendants' 16 Motion for Stay is DENIED. SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 1/28/2019. (SLR) (Entered: 01/28/2019) |
| 19 | Jan 31, 2019 | Request | Unopposed MOTION for Extension of Time to File Rebecca J. Jaffe appearing for Defendants Donato Judice, U.S. Bureau of Land Management, Ryan Zinke (Attachments: # 1 Text of Proposed Order) (Jaffe, Rebecca) (Entered: 01/31/2019) |
| 20 | Jan 31, 2019 | Request | ORDER granting 19 Motion for Extension of Time to File. SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 1/31/2019. (MMS) (Entered: 01/31/2019) |
| Jan 31, 2019 | Set/Reset Deadlines: Motions due by 5/8/2019 per Order 20 . (MMS) (Entered: 01/31/2019) | ||
| 21 | Feb 1, 2019 | Request | Administrative Record filed by Donato Judice, U.S. Bureau of Land Management, Ryan Zinke. (Jaffe, Rebecca) (Entered: 02/01/2019) |
| 22 | Feb 4, 2019 | Request | Remark: Clerks office received Administrative Record regarding Notice 21 . Two copies were provided on flash drives. One copy contained in a Fex Ex envelope delivered to BMM chambers and one copy also contained in a Fex Ex envelope placed on shelf in clerks office. (MMS) (Entered: 02/04/2019) |
| 23 | Feb 22, 2019 | Request | ORDER granting 17 Motion to Appear Pro Hac Vice for Attorney Joel Miner for David Katz,Joel Miner for Bonnie Martinell,Joel Miner for Jack Martinell,Joel Miner for Montana Environmental Information Center,Joel Miner for Wildearth Guardians. SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 2/22/2019. (Copy of order mailed to counsel Miner) (MMS) (Entered: 02/22/2019) |
| 24 | Feb 22, 2019 | Request | Letter from Tyler P. Gilman, Clerk of Court, to PHV Counsel Joel Miner re CM/ECF registration. (Letter mailed to Counsel Miner) (MMS) (Entered: 02/22/2019) |
| 25 | Feb 22, 2019 | View | MOTION for Summary Judgment Laura King appearing for Plaintiffs David Katz, Bonnie Martinell, Jack Martinell, Montana Environmental Information Center, Wildearth Guardians (Attachments: # 1 Memorandum in Support of Motion for Summary Judgment, # 2 Declaration of Rebecca Fischer, # 3 Declaration of Steve Gilbert, # 4 Declaration of Art Hayes, # 5 Declaration of David Katz, # 6 Declaration of Bonnie Martinell, # 7 Declaration of Jeremy Nichols, # 8 Declaration of Wade Sikorski) (King, Laura) (Attachment 8 replaced on 2/25/2019) (TLO). (Attachment 8 replaced on 8/8/2019) (TLO). (Attachment 8 replaced on 8/8/2019) (TLO). (Entered: 02/22/2019) |
| Feb 22, 2019 | Remark: Joel Minor is now a registered CM/ECF electronic user. (SLR) (Entered: 02/22/2019) | ||
| Feb 25, 2019 | Remark: All Counsel are reminded that pursuant to L.R. 7.1(d)(1)(A), "... Briefs in support of a motion must be filed separately from the motion...". The documents contained in Docket Entry No. 25 do not need to be refiled at this time. (SLR) (Entered: 02/25/2019) | ||
| 26 | Feb 25, 2019 | Request | NOTICE of Acknowledgment of Pro Hac Vice Order by David Katz, Bonnie Martinell, Jack Martinell, Montana Environmental Information Center, Wildearth Guardians re 23 Order on Motion to Appear Pro Hac Vice, (Minor, Joel) (Entered: 02/25/2019) |
| 27 | Mar 11, 2019 | Request | TEXT ORDER Setting Hearing on Motion 25 MOTION for Summary Judgment : Motion Hearing set for 4/24/2019 at 02:00 PM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 3/11/2019. (SLL) (Entered: 03/11/2019) |
| 28 | Mar 11, 2019 | Request | TEXT Order RESETTING Hearing on Motion 25 MOTION for Summary Judgment : Motion Hearing reset for 6/26/2019 at 01:30 PM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 3/11/2019. (SLL) (Entered: 03/11/2019) |
| 29 | Apr 8, 2019 | View | Cross MOTION for Summary Judgment & Opposition to Plaintiffs' Motion for Summary Judgment Rebecca J. Jaffe appearing for Defendants Donato Judice, U.S. Bureau of Land Management, Ryan Zinke (Jaffe, Rebecca) (Entered: 04/08/2019) |
| 30 | May 8, 2019 | View | REPLY to Response to Motion re 29 Cross MOTION for Summary Judgment & Opposition to Plaintiffs' Motion for Summary Judgment, 25 MOTION for Summary Judgment filed by David Katz, Bonnie Martinell, Jack Martinell, Montana Environmental Information Center, Wildearth Guardians. (King, Laura) (Entered: 05/08/2019) |
| 31 | Jun 7, 2019 | View | REPLY to Response to Motion re 29 Cross MOTION for Summary Judgment & Opposition to Plaintiffs' Motion for Summary Judgment filed by Donato Judice, U.S. Bureau of Land Management, Ryan Zinke. (Jaffe, Rebecca) (Entered: 06/07/2019) |
| 32 | Jun 14, 2019 | Request | TEXT ORDER Re-Setting Hearing on Motion 29 Cross MOTION for Summary Judgment & Opposition to Plaintiffs' Motion for Summary Judgment, 25 MOTION for Summary Judgment : IT IS HEREBY ORDERED that the Motion Hearing set for June 26, 2019 is RESET for July 9, 2019 at 02:30 PM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 6/14/2019. (SLL) (Entered: 06/14/2019) |
| 33 | Jun 14, 2019 | Request | TEXT ORDER Re-Setting Hearing on Motion 29 Cross MOTION for Summary Judgment & Opposition to Plaintiffs' Motion for Summary Judgment, 25 MOTION for Summary Judgment : IT IS HEREBY ORDERED that the Motion Hearing is RESET for 8/27/2019 at 02:30 PM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 6/14/2019. (SLL) (Entered: 06/14/2019) |
| 34 | Aug 27, 2019 | Request | MINUTE ENTRY for proceedings held before Judge Brian Morris: MOTION HEARING held 8/27/2019: Counsel Joel Minor, Laura King, and Shiloh Hernandez appearing on behalf of Plaintiffs; and, Counsel Rebecca Jaffe appearing on behalf of Federal Defendants. This hearing is with regard to Plaintiffs 25 Motion for Summary Judgment, and Federal Defendants 29 Cross Motion for Summary Judgment. Counsel King, Minor, and Jaffe w/argument. Matter is submitted. Hearing commenced at 2:35 p.m. and concluded at 3:48 p.m. (Court Reporter Y. Heinze.) (Law Clerk: V. Dettman and C. Kroshus), (Hearing held in Charles Pray Courtroom, Great Falls, MT) (SLR) (Entered: 08/27/2019) |
| 35 | Sep 25, 2019 | Request | NOTICE of Withdrawal of Counsel: Joel Minor withdrawing from the case, filed by David Katz, Bonnie Martinell, Jack Martinell, Montana Environmental Information Center, Wildearth Guardians (Minor, Joel) (Entered: 09/25/2019) |
| 36 | Nov 20, 2019 | Request | NOTICE of Withdrawal of Counsel: Laura King withdrawing from the case, filed by David Katz, Bonnie Martinell, Jack Martinell, Montana Environmental Information Center, Wildearth Guardians (King, Laura) (Entered: 11/20/2019) |
| 37 | Dec 9, 2019 | Request | NOTICE of Substitution of Counsel by David Bernhardt, Donato Judice, U.S. Bureau of Land Management (Hajek, Luther) (Entered: 12/09/2019) |
| 38 | Dec 18, 2019 | Request | NOTICE of Change of Address by Elizabeth B. Forsyth (Forsyth, Elizabeth) (Entered: 12/18/2019) |
| 39 | May 1, 2020 | View | ORDER re 1 Complaint for Declaratory and Injunctive Relief. The Court VACATES the findings of no significant impact; The Court VACATES the leases; and The Court REMANDS this matter to BLM for further analysis, consistent with the Court's discussion above, of the environmental impacts of the decision to grant the leases at issue. PLEASE SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 5/1/2020. (MMS) (Entered: 05/01/2020) |
| 40 | Jun 23, 2020 | View | Unopposed MOTION for Order/Judgment Shiloh Silvan Hernandez appearing for Plaintiffs David Katz, Bonnie Martinell, Jack Martinell, Montana Environmental Information Center, Wildearth Guardians (Attachments: # 1 Text of Proposed Judgment) (Hernandez, Shiloh) (Entered: 06/23/2020) |
| 41 | Jun 23, 2020 | View | CLERK'S JUDGMENT (MMS) (Entered: 06/23/2020) |
| 42 | Jul 2, 2020 | Request | APPLICATION FOR TAXATION OF COSTS by David Katz, Bonnie Martinell, Jack Martinell, Montana Environmental Information Center, Wildearth Guardians. (Forsyth, Elizabeth) (Entered: 07/02/2020) |
| 43 | Jul 22, 2020 | Request | Costs Taxed in amount of $ $400.00. (SLR) (Entered: 07/22/2020) |
| 44 | Sep 11, 2020 | Request | NOTICE of Appearance by Paul A. Turcke on behalf of David Bernhardt, Donato Judice, U.S. Bureau of Land Management (Turcke, Paul) (Entered: 09/11/2020) |
| 45 | Sep 18, 2020 | Request | MOTION for Attorney Fees Shiloh Silvan Hernandez appearing for Plaintiffs David Katz, Bonnie Martinell, Jack Martinell, Montana Environmental Information Center, Wildearth Guardians (Hernandez, Shiloh) Modified on 9/22/2020 to reflect document is titled Brief in Support but is actually the Motion for Attorney Fees. (MMS). (Entered: 09/18/2020) |
| 46 | Sep 18, 2020 | Request | Brief/Memorandum in Support re 45 MOTION for Attorney Fees filed by David Katz, Bonnie Martinell, Jack Martinell, Montana Environmental Information Center, Wildearth Guardians. (Attachments: # 1 Exhibit 1 - Declaration of Shiloh Hernandez, # 2 Exhibit 2 - Declaration of Elizabeth Forsyth, # 3 Exhibit 3 - Declaration of Kyle Tisdel) (Hernandez, Shiloh) (Entered: 09/18/2020) |
| 47 | Sep 18, 2020 | Request | Joint MOTION to Stay re 45 MOTION for Attorney Fees , 46 Brief/Memorandum in Support, Shiloh Silvan Hernandez appearing for Plaintiffs David Katz, Bonnie Martinell, Jack Martinell, Montana Environmental Information Center, Wildearth Guardians (Attachments: # 1 Text of Proposed Order) (Hernandez, Shiloh) (Entered: 09/18/2020) |
| 48 | Sep 21, 2020 | Request | ORDER GRANTING JOINT MOTION FOR A TEMPORARY STAY OF PROCEEDINGS RELATED TO PLAINTIFF'S MOTION FOR FEES EQUAL ACCESS TO JUSTICE ACT: BEFORE this Court is Plaintiffs and Federal Defendants 47 Joint Motion for a Temporary Stay of Proceedings Related to Plaintiffs Motion for Fees Under the Equal Access to Justice Act. The Court having reviewed the Joint Motion, being fully informed in the premises, and with good cause having been established, finds that the Joint Motion shall be GRANTED. IT IS HEREBY ORDERED that all proceedings in this case shall be stayed for sixty (60) days until November 17, 2020. Signed by Judge Brian Morris on 9/21/2020. (SLR) (Entered: 09/21/2020) |
| Sep 21, 2020 | Set Deadlines: Stay of case ends 11/17/2020. (SLR) (Entered: 09/21/2020) | ||
| 49 | Sep 22, 2020 | Request | ORDER REFERRING MOTION: 45 MOTION for Attorney Fees filed by Jack Martinell, Bonnie Martinell, Montana Environmental Information Center, Wildearth Guardians, David Katz. Motions referred to John Johnston. Signed by Judge Brian Morris on 9/22/2020. (MMS) (Entered: 09/22/2020) |
| 50 | Nov 16, 2020 | Request | Joint MOTION to Stay re Set/Reset Deadlines, 48 Order on Motion to Stay,, Shiloh Silvan Hernandez appearing for Plaintiffs David Katz, Bonnie Martinell, Jack Martinell, Montana Environmental Information Center, Wildearth Guardians (Attachments: # 1 Text of Proposed Order) (Hernandez, Shiloh) (Entered: 11/16/2020) |
| 51 | Nov 16, 2020 | Request | ORDER: BEFORE this Court is Plaintiffs and Federal Defendants' 50 Joint Motion to extend the stay of proceedings related to Plaintiffs' motion for fees under the Equal Access to Justice Act. The Court having reviewed the Joint Motion, being fully informed in the premises, and with good cause having been established, finds that the Joint Motion shall be GRANTED. IT IS HEREBY ORDERED that all proceedings in this case shall be stayed for thirty (30) days until December 17, 2020. Signed by Judge Brian Morris on 11/16/2020. (ACC) (Entered: 11/16/2020) |
| 52 | Dec 1, 2020 | Request | NOTICE of Change of Address by Elizabeth B. Forsyth (Forsyth, Elizabeth) (Entered: 12/01/2020) |
| 53 | Dec 16, 2020 | Request | NOTICE by David Katz, Bonnie Martinell, Jack Martinell, Montana Environmental Information Center, Wildearth Guardians re 45 MOTION for Attorney Fees of Withdrawal of Plaintiffs' Motion for Attorneys' Fees, Costs, and Other Expenses (Forsyth, Elizabeth) (Entered: 12/16/2020) |