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Case TitleDonham et al v. United States Forest Service
DistrictSouthern District of Illinois
CityEast St. Louis
Case Number3:2007cv00111
Date Filed2007-02-08
Date Closed2008-12-12
JudgeJudge Michael J. Reagan
PlaintiffMark Donham
PlaintiffHeartwood, Inc.
DefendantUnited States Forest Service
DefendantAmerican National Standards Institute
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [33]
FOIA Project Annotation: A federal court in Illinois has ruled that the American National Standards Institute is a necessary party to resolve copyright/licensing issues pertaining to a document responsive to Mark Donham's request to the Forest Service. The court pointed out that "the International Organization for Standardization (ISO) developed the ISO 14001, and ANSI is the sole member of the ISO in the United States. As such, ANSI is permitted to sell and license the ISO 14001 to third parties. The USFS has clearly stated that ANSI granted it a license to use the ISO 14001. If required to turn over the document pursuant to the FOIA, the USFS may be forced to violate its license with ANSI. Therefore, a ruling in Plaintiffs' favor would subject the USFS to inconsistent obligations." The court added that "additionally, it is not clear that the USFS can adequately protect ANSI's proprietary interest in the ISO 14001." The agency also withheld two documents related to a proposed regulation under Exemption 5 (deliberative process privilege). Indicating that "the drafts reflect agency employees' thinking about the merits and consequences of enacting a particular regulation and/or policy," the court noted that "the proposals and comments therein were clearly aimed at fleshing out the USFS's potential responsibilities under the regulation and possible responses to challenges that could be met after its implementation. It is imperative that agencies be permitted to engage in this kind of open and frank dialogue without fear that 'each remark is a potential item of discovery and front page news.'"
Issues: Litigation - Jurisdiction - Proper Party
Opinion/Order [65]
FOIA Project Annotation: A federal court in Illinois has ruled that Mark Donham's FOIA suit against the Forest Service is moot because the American National Standards Institute gave him a copy of the remaining document the agency was withholding based on its uncertainty about whether its copyrighted status prevented it from disclosing the document under FOIA. Donham continued to contend that the agency had to disclose the record as well and claimed that the agency's failure to provide the record "deprived [him] of the ability to fully understand how the USFS makes certain policy decisions." The court indicated that "now that [he] possesses the document [he] sought in the first instance, there is no further relief that this Court can possibly grant." The court added that "Plaintiff's injury cannot reasonably be expected to recur. With the [document] in hand, it is clear that Plaintiff has no need to make any future request for this document, and since no such request will be made, there will be no refusal."
Issues: Litigation - Jurisdiction - Moot
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2007-02-081Case Opened. Filing fee paid $ 350.00, Receipt Number 400 59421. Documents may now be electronically filed. Case number 07-111-MJR must be placed on all documents prior to filing them electronically. (Attachments: # 1 notice to consent to trial by Magistrate Judge)(dkd) (Entered: 02/08/2007)
2007-02-082Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Leigh A. Haynie for Mark Donham and Heartwood, Inc.. $100.00 fee paid,receipt number 400 59421 (dkd) (Entered: 02/08/2007)
2007-02-123COMPLAINT against United States Forest Service (Filing fee $ 350.), filed by Mark Donham, Heartwood, Inc.. (Attachments: # 1 Affidavit Verification of Complaint# 2 Civil Cover Sheet)(Haynie, Leigh) (Entered: 02/12/2007)
2007-02-134Summons Issued as to United States Forest Service. (dkd ) (Entered: 02/13/2007)
2007-03-215STRICKEN PER DOC 6 - SUMMONS Returned Executed by Mark Donham, Heartwood, Inc.. United States Forest Service served on 2/20/2007, answer due 3/12/2007. (Attachments: # 1 Exhibit Verification of delivery by United States Post Office)(Haynie, Leigh) Modified on 3/22/2007 (dka, ). (Entered: 03/21/2007)
2007-03-226NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 5 Summons Returned Executed filed by Mark Donham, Heartwood, Inc. See attached document for specifics (dka, ) (Entered: 03/22/2007)
2007-03-227STRICKEN PER DOC 8 - SUMMONS Returned Executed by Mark Donham, Heartwood, Inc.. (Attachments: # 1 Exhibit Delivery Confirmation from U.S. Post Office)(Haynie, Leigh) Modified on 3/23/2007 (dka, ). (Entered: 03/22/2007)
2007-03-238NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 7 Summons Returned Executed as to USA filed by Mark Donham, Heartwood, Inc. See attached document for specifics (dka, ) (Entered: 03/23/2007)
2007-03-309STRICKEN PER DOC 10 - SUMMONS Returned Executed by Mark Donham, Heartwood, Inc.. (Attachments: # 1 Exhibit Post Office Confirmation)(Haynie, Leigh) Modified on 4/2/2007 (dka, ). (Entered: 03/30/2007)
2007-04-0210NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 9 Summons Returned Executed as to USA filed by Mark Donham,Heartwood, Inc. See attached document for specifics (dka, ) (Entered: 04/02/2007)
2007-04-2411SUMMONS Returned Executed by Mark Donham, Heartwood, Inc.. United States Forest Service served on 2/20/2007, answer due 4/23/2007. (Attachments: # 1 Exhibit United States Post Office confirmation)(Haynie, Leigh) (Entered: 04/24/2007)
2007-05-1612ANSWER to Complaint by United States Forest Service.(Coonan, William) (Entered: 05/16/2007)
2007-05-3013CJRA TRACK B assigned:Final Pretrial Conference set for 5/9/2008, 01:30 PM in East St. Louis Court House before Judge Michael J. Reagan. Bench Trial set for 6/9/2008, 09:00 AM in East St. Louis Court House before Judge Michael J. Reagan.Assigned by Judge Michael J. Reagan on 5/30/07. (acm) (Entered: 05/30/2007)
2007-05-3114NOTICE of Scheduling and Discovery Conference set for 7/9/2007 10:45 AM via telephone before Judge Philip M. Frazier. Counsel for plaintiffs to place the conference call. The telephone number for the Court is 618-439-7750. Lead counsel must participate in the conference call. (krm) (Entered: 05/31/2007)
2007-05-3115ORDER REGARDING DISCOVERY. Signed by Judge Philip M. Frazier on 5/31/2007. (krm) (Entered: 05/31/2007)
2007-06-2916SCHEDULING AND DISCOVERY ORDER: Joint Report approved and entered. Defendant will file its Vaughn Index, similar to an administrative record, by 7/16/07. The parties will file cross-motions for summary judgment by 9/14/07. The parties may file responses to the cross-motions for summary judgment by 10/19/07. A Settlement Conference in this case is WAIVED. The Scheduling and Discovery Conference set for 7/9/07, at 10:45 a.m., before Judge Philip M. Frazier is CANCELED. A final pretrial conference is set for 5/9/08 @ 1:30 p.m. in East St. Louis Courthouse before Judge Michael J. Reagan. As initially set by the Court, the trial date is 6/9/08 @ 9:00 a.m. in the East St. Louis Courthouse before Judge Michael J. Reagan. Signed by Judge Philip M. Frazier on 6/27/07. (Attachments: # 1 Joint Report of Parties)(mta) (Entered: 06/29/2007)
2007-07-1917NOTICE by United States Forest Service (Defendant's Notice of Filing the Record) (Attachments: # 1 Attachment)(Coonan, William) (Entered: 07/19/2007)
2007-07-2518First MOTION for Discovery by Mark Donham, Heartwood, Inc.. (Attachments: # 1 Exhibit Request for Production of Documents)(Haynie, Leigh) (Entered: 07/25/2007)
2007-07-2619NOTICE OF ERRORS AND/OR DEFICIENCIES re 18 Motion for Discovery filed by Mark Donham, Heartwood, Inc. See attached document for specifics (dka, ) (Entered: 07/26/2007)
2007-08-0220NOTICE by United States Forest Service of Filing of the Amended Vaughn Index (Attachments: # 1 Exhibits)(Coonan, William) (Entered: 08/02/2007)
2007-08-0221RESPONSE to Motion re 18 First MOTION for Discovery filed by United States Forest Service. (Coonan, William) (Entered: 08/02/2007)
2007-08-2022ORDER finding as MOOT 18 plaintiff's Motion for Leave to Serve Discovery. Signed by Judge Philip M. Frazier on 8/20/07. (mta) (Entered: 08/20/2007)
2007-09-0423First MOTION for Leave to File Excess Pages by Mark Donham, Heartwood, Inc.. (Haynie, Leigh) (Entered: 09/04/2007)
2007-09-0524ORDER granting 23 Motion for Leave to File Excess Pages: The Court hereby GRANTS Plaintiffs' motion (Doc. 23) and ALLOWS each party to exceed by 5 pages the 20-page limit for briefs. Signed by Judge Michael J. Reagan on 9/5/2007. (soh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/05/2007)
2007-09-1425Cross MOTION for Summary Judgment by Mark Donham, Heartwood, Inc..Responses due by 10/17/2007 (Attachments: # 1 Exhibit Statement of Undisputed Material Facts# 2 Exhibit Declaration of Smith# 3 Exhibit Donham Declaration)(Haynie, Leigh) (Entered: 09/14/2007)
2007-09-1426MOTION for Summary Judgment with Support Brief by United States Forest Service.Responses due by 10/17/2007 (Coonan, William) (Entered: 09/14/2007)
2007-09-1927ORDER re 25 Cross MOTION for Summary Judgment: The Court hereby sets the following deadlines. Responses to the Cross Motion for Summary Judgment (Doc. 25) are due by October 17, 2007. Replies, if any, are due by October 30, 2007. Signed by Judge Michael J. Reagan on 9/19/2007. (djp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/19/2007)
2007-09-1928ORDER re 26 MOTION for Summary Judgment: The Court hereby sets the following deadlines. Responses to the Motion for Summary Judgment (Doc. 26) are due by October 17, 2007. Replies, if any, are due by October 30, 2007. Signed by Judge Michael J. Reagan on 9/19/2007. (djp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/19/2007)
2007-10-1729RESPONSE to Motion re 25 Cross MOTION for Summary Judgment filed by United States Forest Service. (Coonan, William) (Entered: 10/17/2007)
2007-10-1730RESPONSE in Opposition re 26 MOTION for Summary Judgment with Support Brief filed by Mark Donham, Heartwood, Inc.. (Haynie, Leigh) (Entered: 10/17/2007)
2008-05-0231ORDER: The Court hereby reminds that parties that a final pre-trial conference is set in this case for 1:30 p.m. on Friday, May 9, 2008. At the conference, the Court will hear oral argument with respect to the pending motions for summary judgment (Docs. 25 & 26). The Government should bring copies of the three documents at issue in this case so that the Court may conduct in camera review of these documents in accordance with 5 U.S.C. 552(a)(4)(B). Finally, the parties should be prepared to address the issue of whether the International Organization for Standardization (ISO) and/or the American National Standards Institution (ANSI) are indispensable parties to this action under Federal Rule of Civil Procedure 19(a). See Weisberg v. U.S. Dep't of Justice, 631 F.2d 824, 829-30 (D.C. Cir. 1980). At this time, however, the trial date remains firm. Signed by Judge Michael J. Reagan on 5/2/2008. (djp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/02/2008)
2008-05-0932Minute Entry for proceedings held before Judge Michael J. Reagan: Motion Hearing held on 5/9/2008 re 25 Cross MOTION for Summary Judgment filed by Mark Donham, Heartwood, Inc. and 26 MOTION for Summary Judgment with Support Brief filed by United States Forest Service. Order to follow. (Court Reporter Barb Kniepmann.) (acm) (Entered: 05/09/2008)
2008-05-2133ORDER DENYING 25 Plaintiffs' Cross MOTION for Summary Judgment, and GRANTING IN PART AND DENYING IN PART 26 the United States Forest Service's MOTION for Summary Judgment: As further explained in the attached Order, the Court DENIES Plaintiffs' motion for summary judgment (Doc. 25) and GRANTS IN PART AND DENIES IN PART the USFS's motion for summary judgment (Doc. 26). The Court GRANTS the USFS's motion for summary judgment with respect to Documents 2 and 3, and DENIES the USFS's motion for summary judgment with respect to Document 1. Additionally, the Court DIRECTS Plaintiffs to file an amended complaint consistent with this Order by June 6, 2008. The Court also DIRECTS Plaintiffs to join ANSI to this action. Plaintiffs shall serve ANSI with an amended complaint, consistent with this Order, no later than July 15, 2008. After service is effected upon ANSI, the Court will set new deadlines by which the parties may file motions for summary judgment with respect to Document 1. Consequently, the bench trial in this case must be continued. As such, the Court hereby CONTINUES the bench trial to 9:00 a.m. on December 1, 2008. Signed by Judge Michael J. Reagan on 5/21/2008. (djp) (Entered: 05/21/2008)
2008-05-21Set/Reset Hearings: Bench Trial set for 12/1/2008 09:00 AM in East St. Louis Court House before Judge Michael J. Reagan. (dmw) (Entered: 05/22/2008)
2008-05-21Set/Reset Deadlines: Amended Pleadings due by 6/6/2008 (see order at document #33). (dmw) (Entered: 05/22/2008)
2008-06-0634AMENDED COMPLAINT FIRST against all defendants, filed by Mark Donham, Heartwood, Inc..(Haynie, Leigh) (Entered: 06/06/2008)
2008-06-0635Summons Issued as to American National Standards Institute. (tkm ) (Entered: 06/06/2008)
2008-07-0936ANSWER to 34 Amended Complaint by United States Forest Service.(Coonan, William) (Entered: 07/09/2008)
2008-07-1537SUMMONS Returned Executed by Mark Donham, Heartwood, Inc.. American National Standards Institute served on 7/9/2008, answer due 7/29/2008. (Attachments: # 1 Affidavit Process Server Affidavit)(Haynie, Leigh) (Entered: 07/15/2008)
2008-07-2938Motion and Order to Appear Pro Hac Vice, granting the appearance of Attorney Gerald W. Griffin, Jr, for defendant, American National Standards Institute. $100.00 fee paid, receipt number 34625007403. (car) (Entered: 07/29/2008)
2008-07-2939MOTION for Extension of Time to File Answer re 34 Amended Complaint by American National Standards Institute. (Griffin, Gerald) (Entered: 07/29/2008)
2008-07-3140ORDER granting 39 defendant American National Standards Institute, Inc.'s Motion for Extension of Time to file a responsive pleading to re 34 plaintiffs' First Amended Complaint and EXTENDING the time to file a responsive pleading to 8/28/08. Signed by Magistrate Judge Philip M. Frazier on 7/31/08. (mta) (Entered: 07/31/2008)
2008-07-31Set/Reset Deadlines: American National Standards Institute, Inc.'s answer due 8/28/2008. (mta) (Entered: 07/31/2008)
2008-08-1341First MOTION to Dismiss Required Party by Mark Donham, Heartwood, Inc.. Responses due by 9/15/2008 (Haynie, Leigh) (Entered: 08/13/2008)
2008-08-1342MOTION Set Status Conference by Mark Donham, Heartwood, Inc.. (Haynie, Leigh) (Entered: 08/13/2008)
2008-08-1443ORDER GRANTING 42 MOTION to Set Status Conference: The Court hereby GRANTS the motion to set a telephonic status conference (Doc. 42). Accordingly, the Court SETS a telephonic status conference set for 03:30 PM on Friday, September 5, 2008. The Plaintiff shall initiate the call using the services of a professional teleconference provider, getting all counsel of record on the line and then adding the undersigned Judge last (reachable at 618-482-9460). Finally, the Court notes that unless the Court dismisses ANSI prior to this setting (see Doc. 41), counsel for ANSI shall also participate in the status conference. Signed by Judge Michael J. Reagan on 8/14/2008. (djp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/14/2008)
2008-08-2744MOTION for Extension of Time to File Answer re 34 Amended Complaint by American National Standards Institute. (Griffin, Gerald) (Entered: 08/27/2008)
2008-08-2945ORDER granting 44 defendant American National Standards Institute, Inc.'s Consent Motion for Extension of Time to Answer or file a responsive pleading to plaintiffs' First Amended Complaint and EXTENDING the time to 9/26/08 to file said response. Signed by Magistrate Judge Philip M. Frazier on 8/29/08. (mta) (Entered: 08/29/2008)
2008-08-29Set/Reset Deadlines: American National Standards Institute, Inc.'s answer due 9/26/2008. (mta) (Entered: 08/29/2008)
2008-09-0546ORDER re 43 Order setting Hearing: Due to an unavoidable scheduling conflict, the Court must CANCEL the hearing set for 3:30 p.m. today. The Court will reset the hearing at the earliest possible date on the docket. Counsel for Plaintiffs, ANSI, and the USFS shall each contact David Pfeffer, Judge Reagan's clerk, (618-482-9424) as soon as possible so as to explore potential dates. Signed by Judge Michael J. Reagan on 9/5/2008. (djp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/05/2008)
2008-09-0547ORDER SETTING HEARING: The Court hereby SETS a telephonic status conference for 11:00 a.m. on Thursday, September 11, 2008. The Plaintiff shall initiate the call using the services of a professional teleconference provider, getting all counsel of record on the line and then adding the undersigned Judge last (reachable at 618-482-9460). Finally, the Court notes that unless the Court dismisses ANSI prior to this setting (see Doc. 41), counsel for ANSI shall also participate in the status conference. Signed by Judge Michael J. Reagan on 9/5/2008. (djp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/05/2008)
2008-09-1148Minute Entry for proceedings held before Judge Michael J. Reagan: Status Conference held on 9/11/2008. Order to follow. (Court Reporter Laura Blatz.) (acm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/11/2008)
2008-09-1149ORDER DENYING 41 First MOTION to Dismiss Required Party : As indicated at the September 11, 2008 hearing, the Court DENIES Plaintiff's motion to dismiss the American National Standards Institute (Doc. 41). At this time, pending issues continue to affect ANSI's interests. However, as ANSI is not a defendant but rather an interested party, the Court does not require ANSI to submit an answer at this time. Signed by Judge Michael J. Reagan on 9/11/2008. (djp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/11/2008)
2008-09-1150ORDER: As indicated at the September 11, 2008 hearing, the Court SETS the following deadlines with respect to filing dispositive motions. Plaintiffs and the United States Forest Service's cross-motions for summary judgment are to be filed by October 8, 2008. Those motions should also address the issue of standing, as discussed during the hearing. The parties' responses to the cross-motions for summary judgment are to be filed no later than October 29, 2008. Finally, if ANSI wishes to file a response addressing its position with respect to its interests, it shall do so no later than November 5, 2008. Signed by Judge Michael J. Reagan on 9/11/2008. (djp, )THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/11/2008)
2008-09-1151ENTRY STRICKEN: Minute Entry for proceedings held before Judge Michael J. Reagan: Status Conference held on 9/11/2008. A Telephone Status Conference is set for 9/18/2008, 09:00 AM. The plaintiff shall initiate the call using the services of a professional teleconference provider, getting all counsel of record on the line and then adding Judge Michael J. Reagan last (reachable at 618-482-9460). (Court Reporter None.) (acm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 9/11/2008 (dmw). (Entered: 09/11/2008)
2008-09-1152NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 51 Minute Entry, as it was entered in wrong case. See attached document for specifics (dmw) (Entered: 09/11/2008)
2008-10-0753Second MOTION for Summary Judgment by Mark Donham, Heartwood, Inc.. Responses due by 11/10/2008 (Attachments: # 1 Exhibit Donham Declaration, # 2 Exhibit Smith Declaration, # 3 Exhibit Agency Denial of FOIA Appeal, # 4 Statement of Undisputed Material Facts)(Haynie, Leigh) (Entered: 10/07/2008)
2008-10-0854Second MOTION for Summary Judgment by United States Forest Service. Responses due by 11/10/2008 (Coonan, William) (Entered: 10/08/2008)
2008-10-2955RESPONSE to 53 Motion for Summary Judgment, filed by United States Forest Service. (Coonan, William) (Entered: 10/29/2008)
2008-10-3056NOTICE OF ERRORS AND/OR DEFICIENCIES re 55 Response filed by United States Forest Service. See attached document for specifics (dmw) (Entered: 10/30/2008)
2008-10-3157First MOTION for Extension of Time to File Response/Reply as to 54 Second MOTION for Summary Judgment by Mark Donham, Heartwood, Inc.. (Haynie, Leigh) (Entered: 10/31/2008)
2008-11-0358ORDER GRANTING 57 First MOTION for Extension of Time to File Response: The Court hereby GRANTS Plaintiffs' motion for an extension of time to respond (Doc. 57). Plaintiffs shall file any response to the USFS's motion for summary judgment (Doc. 54) no later than November 4, 2008. If ANSI wishes to file a response addressing its position with respect to its interests, it shall do so no later than November 11, 2008. Signed by Judge Michael J. Reagan on 11/3/2008. (djp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/03/2008)
2008-11-0359RESPONSE to 54 Motion for Summary Judgment filed by Mark Donham, Heartwood, Inc.. (Haynie, Leigh) (Entered: 11/03/2008)
2008-11-0460NOTICE OF ERRORS AND/OR DEFICIENCIES re 59 Response filed by Mark Donham, Heartwood, Inc. See attached document for specifics (dmw) (Entered: 11/04/2008)
2008-11-0761ORDER CONTINUING BENCH TRIAL: Due to an unavoidable conflict on the Court's calendar, the bench trial is hereby CONTINUED to 9:00 a.m. on January 12, 2009 in East St. Louis Court House before Judge Michael J. Reagan. Signed by Judge Michael J. Reagan on 11/7/2008. (djp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/07/2008)
2008-11-1162ENTRY STRICKEN: MEMORANDUM in Opposition re 54 Second MOTION for Summary Judgment, 53 Second MOTION for Summary Judgment By Plaintiff and in Support of Defendant's Second Motion for Summary Judgment filed by American National Standards Institute. (Griffin, Gerald) Modified on 11/12/2008 (dmw). (Entered: 11/11/2008)
2008-11-1263NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 62 Memorandum in Opposition to Motion, filed by American National Standards Institute. See attached document for specifics (dmw) (Entered: 11/12/2008)
2008-11-1264MEMORANDUM in Opposition re 54 Second MOTION for Summary Judgment, 53 Second MOTION for Summary Judgment By Plaintiff and in Support of Defendant's Second Motion for Summary Judgment filed by American National Standards Institute. (Attachments: # 1 Certificate of Service)(Griffin, Gerald) (Entered: 11/12/2008)
2008-12-1265ORDER DISMISSING CASE, Finding as moot plaintiffs' claim for production of document 1. Denying as moot 53 and 54 . Judgment to enter in favor of Defendant. Signed by Judge Michael J. Reagan on 12/12/08. (acm) (Entered: 12/12/2008)
2008-12-1266CLERK'S JUDGMENT in favor of Defendant, United States Forest Service and against Plaintiffs, Heartwood, Inc., Mark Donham with respect to documents 2 & 3.(acm) (Entered: 12/12/2008)
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