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Case TitleOregon Natural Desert Ass'n v. Cain et al
DistrictDistrict of Oregon
CityPortland
Case Number3:2009cv00369
Date Filed2009-04-10
Date ClosedOpen
JudgeMagistrate Judge Paul Papak
PlaintiffOregon Natural Desert Ass'n
DefendantKenny McDaniel Burns District Manager, BLM
TERMINATED: 08/20/2015
DefendantJoan Suther Field Manager, Andrews Resource Area, BLM
TERMINATED: 08/20/2015
DefendantHarney County
DefendantRoaring Springs Ranch, Inc.
TERMINATED: 11/19/2010
DefendantCross Claimant
Harney County
DefendantBureau of Land Management
DefendantBrendan Cain Burns District Manager, BLM
DefendantInterior Board of Land Appeals
DefendantRhonda Karges Field Manager, Andrews Resource Area, BLM
Documents
Docket
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Date FiledDoc #Docket Text

2009-04-101Complaint. Filing Fee in amount of $350 collected. Receipt No. 26280 issued. Summons issued as to Defendants. Jury Trial Requested: No.Filed by Oregon Natural Desert Ass'n against Kenny McDaniel, Joan Suther, Bureau of Land Management. (Attachments: Civil Cover Sheet) (eo). (Additional attachment(s) added on 1/23/2015: # 4 Summons) (edt). (Entered: 04/13/2009)
2009-04-102Discovery and Pretrial Scheduling Order and Notice of Case Assignment to Judge Garr M. King. Discovery is to be completed by 8/11/2009. Joint Alternate Dispute Resolution Report is due by 9/10/2009. Pretrial Order is due by 9/10/2009. Ordered by Judge Garr M. King. (pvh) (Entered: 04/13/2009)
2009-04-243Corporate Disclosure Statement. Filed by all plaintiffs. (Lacy, Peter) (Entered: 04/24/2009)
2009-04-244Certificate of Service by Oregon Natural Desert Ass'n Filed by Oregon Natural Desert Ass'n. (Lacy, Peter) (Entered: 04/24/2009)
2009-04-285Notice of Case Reassignment: This case has been reassigned from Judge Garr M. King to Magistrate Judge Paul Papak. (eo) (Entered: 04/28/2009)
2009-05-286Order for Administrative Correction of the Record regarding Complaint (# 1 ) filed by Oregon Natural Desert Ass'n. A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. NOTE: The PDF of the complaint originally attached to this docket entry was missing a paragraph. A scanned copy of the complaint has been substituted for the incorrect version. The NEF for this event will be regenerated. (eo) (Entered: 05/28/2009)
2009-06-057Return of Service Executed. as to Kenny McDaniel served on 4/24/2009, answer due on 6/23/2009 Service specifically made upon Agency Filed by all plaintiffs. (Lacy, Peter) (Entered: 06/05/2009)
2009-06-058Return of Service Executed. as to Joan Suther served on 4/24/2009, answer due on 6/23/2009 Service specifically made upon Agency Filed by all plaintiffs. (Lacy, Peter) (Entered: 06/05/2009)
2009-06-229Motion to Intervene. Filed by Harney County. (Yockim, Ronald) (Entered: 06/22/2009)
2009-06-2210Unopposed Motion for Extension of Time to Answer Complaint . Filed by Kenny McDaniel, Joan Suther, Bureau of Land Management. (Martin, Sean) (Entered: 06/22/2009)
2009-06-2211Memorandum in Support. Filed by Harney County. (Related document(s): Motion to intervene 9 .) (Attachments: # 1 Proposed Document Proposed Answer, # 2 Attachment Affidavit of Steven E. Grasty, # 3 Attachment Affidavit of Ronald S. Yockim) (Yockim, Ronald) (Entered: 06/22/2009)
2009-06-2212CIVIL MINUTES: Record of Order by Judge Paul Papak: Granting Defendants' Unopposed Motion to Extend Answer Deadline 10 as follows: Answer deadline reset to 7/29/2009 for all defendants. (gm) (Entered: 06/22/2009)
2009-06-2213CIVIL MINUTES: Record of Order by Judge Paul Papak: Setting Movant Harney County's Motion for Leave to Intervene 9 on the under advisement calendar of 7/27/2009. (gm) (Entered: 06/22/2009)
2009-06-2314Certificate of Compliance certificate of service . Filed by Harney County. (Related document(s): Motion to intervene 9 .) (Yockim, Ronald) (Entered: 06/23/2009)
2009-06-2315Memorandum in Support Amended Memorandum in Support . Filed by Harney County. (Related document(s): Motion to intervene 9 .) (Attachments: # 1 Attachment Amended Affidavit of Ronald S. Yockim, # 2 Attachment Affidavit of Steven E. Grasty, # 3 Exhibit Proposed Answer) (Yockim, Ronald) (Entered: 06/23/2009)
2009-06-2316Certificate of Compliance Certificate of Service . Filed by Harney County. (Related document(s): Motion to intervene 9 .) (Yockim, Ronald) (Entered: 06/23/2009)
2009-07-0617Response in Opposition to Motion to Intervene 9 . Filed by all plaintiffs. (Lacy, Peter) (Entered: 07/06/2009)
2009-07-1618Reply to Plaintiff's Response to Motion to Intervene 9 . Filed by Harney County. (Attachments: # 1 Attachment Attachment A, # 2 Affidavit of Judge Grasty, # 3 Certificate of Service) (Yockim, Ronald) (Entered: 07/16/2009)
2009-07-2919Answer to Complaint. Filed by Kenny McDaniel, Joan Suther, Bureau of Land Management. (Martin, Sean) (Entered: 07/29/2009)
2009-09-0420Notice Defendants' Notice of Lodging of Administrative Record .Filed by Kenny McDaniel, Joan Suther, Bureau of Land Management. (Martin, Sean) (Entered: 09/04/2009)
2009-09-0421Declaration of Rhonda Karges RE: Certification of Administrative Record . Filed by Kenny McDaniel, Joan Suther, Bureau of Land Management. (Related document(s): Notice 20 .) (Martin, Sean) (Entered: 09/04/2009)
2009-09-0422Defendant's Administrative Record Index and Documents on DVD. Filed by Kenny McDaniel, Joan Suther, Bureau of Land Management. (eo) (Entered: 09/09/2009)
2009-09-1623Findings & Recommendation: Movant Harney County's Motion to Intervene 9 should be denied. Objections to the Findings and Recommendation are due by 9/30/2009. Signed on 9/16/09 by Magistrate Judge Paul Papak. (gm) (Entered: 09/16/2009)
2009-09-1624CIVIL MINUTES: Record of Order by Judge Paul Papak: Findings & Recommendation 23 is referred to Judge Anna J. Brown for review. Objections, if any, are due 9/30/2009. If no objections are filed, then the Findings and Recommendation will go under advisement on that date. If objections are filed, then a response is due within 10 days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement. (gm) (Entered: 09/16/2009)
2009-09-2525Objections to Findings & Recommendation: Motion to Intervene 9 should be denied 23 . Filed by Harney County. (Attachments: # 1 Attachment Certificate of Service) (Yockim, Ronald) (Entered: 09/25/2009)
2009-09-3026Motion to Intervene. Oral Argument requested. Filed by Roaring Springs Ranch, Inc.. (Attachments: # 1 Proposed Order) (Horngren, Scott) (Entered: 09/30/2009)
2009-09-3027Memorandum in Support of Motion to Intervene . Filed by Roaring Springs Ranch, Inc.. (Related document(s): Motion to intervene 26 .) (Horngren, Scott) (Entered: 09/30/2009)
2009-09-3028Declaration of Stacy Davies. Filed by Roaring Springs Ranch, Inc.. (Related document(s): Motion to intervene 26 .) (Horngren, Scott) (Entered: 09/30/2009)
2009-09-3029Memorandum in Support of Motion to Intervene (CORRECTED) . Filed by Roaring Springs Ranch, Inc.. (Related document(s): Motion to intervene 26 .) (Horngren, Scott) (Entered: 09/30/2009)
2009-09-3030Motion for Leave to Appear Pro Hac Vice for Jeffrey B. Teichert . Filed by Roaring Springs Ranch, Inc.. (Horngren, Scott) (Entered: 09/30/2009)
2009-10-0131Order for Administrative Correction of the Record regarding Motion to Intervene # 26 , Memorandum in Support of Motion # 27 , Declaration # 28 , Memorandum in Support of Motion (# 29 ), and Motion for Leave to Appear Pro Hac Vice for Jeffrey B. Teichert # 30 , all filed by Roaring Springs Ranch, Inc.. A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. NOTE: The Court has been notified that these documents were erroneously filed in this case, and should have been filed in CV 09-862-PK instead. The Court has directed the filer to refile the documents in the correct case. Counsel and parties in this case should disregard documents 26 , 27 , 28 , 29 , & 30 . The motions and any associated deadlines will be terminated by the Court. (eo) (Entered: 10/01/2009)
2009-10-0932Response to Objections. Filed by all plaintiffs. (Lacy, Peter) (Entered: 10/09/2009)
2009-11-0333Motion for Extension of Time to File Reply Brief . Oral Argument requested. Filed by Roaring Springs Ranch, Inc.. (Teichert, Jeffrey) (Entered: 11/03/2009)
2009-11-0334Order for Administrative Correction of the Record regarding Motion to File Late Reply 33 filed by Roaring Springs Ranch, Inc. A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. NOTE: The Court has been made aware that this document was erroneously filed in this case, and should have been filed in CV 09-862-PK instead. The Court has directed the filer to refile the document in the correct case. Counsel and parties in this case should disregard document 33 . The motion and any associated deadline will be terminated by the Court. (gm) (Entered: 11/03/2009)
2009-12-0735ORDER regarding Motion to Intervene 9 and Findings and Recommendations 23 as follows: The Court will review the Magistrate Judge's Findings and Recommendation pursuant to Rule 72(a). The parties, therefore, may wish to supplement their filings based on this standard. Accordingly, the County may file a supplemental brief in support of its Objections no later than December 16, 2009, and Plaintiff may file a supplemental Response no later than December 30, 2009. The Court will take the matter under advisement on December 30, 2009. Ordered by Judge Anna J. Brown. (mr) (Entered: 12/11/2009)
2009-12-1636Supplemental Objections to Findings & Recommendation: Motion to Intervene 9 should be denied 23 . Filed by Harney County. (Attachments: # 1 Certificate of Service) (Yockim, Ronald) (Entered: 12/16/2009)
2009-12-2237Supplemental Response to Objections. Filed by all plaintiffs. (Lacy, Peter) (Entered: 12/22/2009)
2010-03-0238ORDER: AFFIRMING Magistrate Judge Papak's Order 23 filed as Findings and Recommendation, and, accordingly, DENYING Proposed Defendant-Intervenor Harney County's Motion 9 to Intervene. Signed on 3/1/10 by Judge Anna J. Brown. (mr) (Entered: 03/03/2010)
2010-03-1739CIVIL MINUTES: Record of Order by Judge Paul Papak: Rule 16 Conference set for 4/5/2010 at 1:30PM in Chambers. Local Rules 16-2(b) and 26-1(a)(b) require that counsel confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. If consents are going to be filed, it is helpful if they are filed prior to the time of the conference, particularly if a firm trial date is desired. (gm) (Entered: 03/17/2010)
2010-04-0240Joint Motion for Scheduling Order . Filed by all plaintiffs. (Lacy, Peter) (Entered: 04/02/2010)
2010-04-0541CIVIL MINUTES: Record of Proceedings before Judge Paul Papak: Rule 16 Conference held 4/5/10. Order Setting the following deadlines: Defendants' additional documents to complete administrative record due 4/15/2010. Plaintiff's dispositive motion due 7/23/2010. Defendants' response to dispositive motion and cross-motion due 8/27/2010. Plaintiff's reply to dispositive motion and response to cross-motion due 9/17/2010. Defendants' reply to cross-motion due 10/8/2010. Oral argument on dispositive motions, once filed, will be set for 11/9/2010 at 9:30AM. Pretrial Order and Joint ADR Report are Waived. Peter 'Mac' Lacy present as counsel for plaintiff(s). Sean Martin; Frank Wilson; Ronald Yockin (movant) present as counsel for defendant(s). Court Reporter: (None). (gm) (Entered: 04/06/2010)
2010-04-1542Notice Defendants' Notice of Lodging of Supplemental Administrative Record Filed by Kenny McDaniel, Joan Suther, Bureau of Land Management (Martin, Sean) (Entered: 04/15/2010)
2010-04-1543Declaration of Rhonda Karges Second Declaration of Rhonda Karges . Filed by Kenny McDaniel, Joan Suther, Bureau of Land Management. (Related document(s): Notice 42 .) (Martin, Sean) (Entered: 04/15/2010)
2010-04-1544Supplemental Administrative Record Index and Documents on DVD. Filed by all defendants. (Attachments: # 1 Index and Documents on DVD -- conventionally filed due to electronic size of documents -- DVD available for review in the clerk's office.) (mr) (Entered: 04/21/2010)
2010-06-1245Second Motion to Intervene. Filed by Roaring Springs Ranch, Inc.. (Attachments: # 1 Memorandum in Support of Second Motion to Intervene) (Teichert, Jeffrey) (Entered: 06/12/2010)
2010-06-1446CIVIL MINUTES: Record of Order by Judge Paul Papak: Setting Movant Roaring Springs Ranch Inc.'s Second Motion to Intervene 45 on the under advisement calendar of 7/19/2010. (gm) (Entered: 06/14/2010)
2010-06-1647Declaration of Jeffrey B. Teichert. Filed by Roaring Springs Ranch, Inc.. (Related document(s): Motion to intervene 45 .) (Attachments: # 1 Attachment Attachment 1, # 2 Attachment Attachment 2, # 3 Attachment Attachment 3) (Teichert, Jeffrey) (Entered: 06/16/2010)
2010-07-0248Notice re Notice 42 Defendants' Notice of Lodging of Addition to Supplemental Administrative Record Filed by Bureau of Land Management, Kenny McDaniel, Joan Suther (Related document(s): Notice 42 .) (Attachments: # 1 SAR5146-48) (Martin, Sean) (Entered: 07/02/2010)
2010-07-0249Third Declaration of Rhonda Karges. Filed by Bureau of Land Management, Kenny McDaniel, Joan Suther. (Related document(s): Notice, 48 .) (Martin, Sean) (Entered: 07/02/2010)
2010-07-0850Unsigned Notice re Motion to intervene 45 Filed by Roaring Springs Ranch, Inc. (Related document(s): Motion to intervene 45 .) (Teichert, Jeffrey) (Entered: 07/08/2010)
2010-07-0951CIVIL MINUTES: Record of Order by Judge Paul Papak: Based on the Notice of Withdrawal of Movant Roaring Springs Ranch Inc.'s Second Motion to Intervene 45 , the motion is Withdrawn and the Under Advisement deadline of 7/19/2010 is Stricken. (gm) (Entered: 07/09/2010)
2010-07-2352Motion for Summary Judgment. Oral Argument requested. Filed by All Plaintiffs. (Lacy, Peter) (Entered: 07/23/2010)
2010-07-2353Memorandum in Support. Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 52 .) (Lacy, Peter) (Entered: 07/23/2010)
2010-07-2354Declaration of Randall Rasmussen. Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 52 .) (Attachments: # 1 Attachment 1, # 2 Attachment 2) (Lacy, Peter) (Entered: 07/23/2010)
2010-07-2355Declaration of Brent Fenty. Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 52 .) (Lacy, Peter) (Entered: 07/23/2010)
2010-07-2356Declaration of Craig Miller, M.D.. Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 52 .) (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C, # 4 Attachment D (part 1), # 5 Attachment D (part 2), # 6 Attachment D (part 3), # 7 Attachment D (part 4), # 8 Attachment D (part 5), # 9 Attachment E, # 10 Attachment F) (Lacy, Peter) (Entered: 07/23/2010)
2010-07-2357Declaration of Jonathan Gelbard, Ph.D.. Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 52 .) (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C, # 4 Attachment D) (Lacy, Peter) (Entered: 07/23/2010)
2010-07-2658CIVIL MINUTES: Record of Order by Judge Paul Papak: Setting Plaintiffs' Motion for Summary Judgment 52 on the Oral Argument Calendar of 11/9/2010 at 9:30AM in Courtroom 10-B. (gm) (Entered: 07/26/2010)
2010-07-2959Motion to Strike Extra-Record Materials, Expedited Hearing Requested . Oral Argument requested. Filed by All Defendants. (Martin, Sean) (Entered: 07/29/2010)
2010-07-2960Memorandum in Support of Motion to Strike Extra-Record Materials . Filed by All Defendants. (Related document(s): Motion to Strike 59 .) (Martin, Sean) (Entered: 07/29/2010)
2010-07-3061CIVIL MINUTES: Record of Order by Judge Paul Papak: Setting a Telephone Conference for 8/3/2010 at 1:30PM in Chambers. The Court will initiate the call to counsel. (gm) (Entered: 07/30/2010)
2010-08-0362CIVIL MINUTES: Record of Proceedings before Judge Paul Papak: Telephone Conference held 8/3/10. Order: Setting Defendants' Motion to Strike Extra-Record Materials 59 on the under advisement calendar of 8/13/2010. Response to motion to strike due by 8/13/2010. David Becker present as counsel for plaintiff(s). Sean Martin present as counsel for defendant(s). ; Ronald Yockim present for movant Harney County. Court Reporter: (None). (gm) (Entered: 08/03/2010)
2010-08-0463Motion to Appear as Amicus Curiae. Filed by Harney County. (Attachments: # 1 Attachment Memorandum in Support of Harney County's Motion for Leave to File Amicus Curiae Brief, # 2 Attachment Declaration of Ronald S. Yockim in Support of Harney County's Motion to File Amicus Curiae Brief) (Yockim, Ronald) (Entered: 08/04/2010)
2010-08-0464CIVIL MINUTES: Record of Order by Judge Paul Papak: Granting Movant Harney County's unopposed Motion for Leave to File Amicus Curiae Brief 63 . (gm) (Entered: 08/04/2010)
2010-08-1365Response in Opposition to Motion to Strike Extra-Record Materials, Expedited Hearing Requested 59 . Filed by All Plaintiffs. (Lacy, Peter) (Entered: 08/13/2010)
2010-08-2766CIVIL MINUTES: Record of Order by Judge Paul Papak: Granting Defendant's unopposed E-mail Request dated 8/26/10 allowing 5-page extension to page limitation for their brief in support of cross-motion for summary judgment and in response to Plaintiff's motion for summary judgment. (gm) (Entered: 08/27/2010)
2010-08-2767Cross Motion for Summary Judgment. Filed by All Defendants. (Martin, Sean) (Entered: 08/27/2010)
2010-08-2768Memorandum in Support of Cross-Motion for Summary Judgment and in Response to Plaintiff's Motion for Summary Judgment . Filed by All Defendants. (Related document(s): Motion for Summary Judgment 52 , Motion for Summary Judgment 67 .) (Attachments: # 1 Exhibit A) (Martin, Sean) (Entered: 08/27/2010)
2010-08-2769Declaration of Mark Sherbourne . Filed by All Defendants. (Related document(s): Motion for Summary Judgment 67 .) (Martin, Sean) (Entered: 08/27/2010)
2010-08-2770Declaration of Lesley Richman . Filed by All Defendants. (Related document(s): Motion for Summary Judgment 67 .) (Martin, Sean) (Entered: 08/27/2010)
2010-08-2771Declaration of Douglas Linn . Filed by All Defendants. (Related document(s): Motion for Summary Judgment 67 .) (Martin, Sean) (Entered: 08/27/2010)
2010-08-3072CIVIL MINUTES: Record of Order by Judge Paul Papak: Setting Defendants' Cross-Motion for Summary Judgment 67 on the Oral Argument Calendar of 11/9/2010 at 9:30AM in Courtroom 10-B (at the time set for oral argument on dispositive motions). (gm) (Entered: 08/30/2010)
2010-09-0273Amicus Response in Opposition to Motion for Summary Judgment 52 , Cross Motion for Summary Judgment 67 . Filed by Harney County. (Attachments: # 1 Attachment Grazing Guidelines, # 2 Attachment Wildernes Designation & Management Committee Report, # 3 Attachment Declaration of Dan Nichols, # 4 Attachment Declaration of Judge Steven E. Grasty) (Yockim, Ronald) (Entered: 09/02/2010)
2010-09-1574ORDER issued by Judge Paul Papak: Resetting Defendants' Motion to Strike Extra-Record Materials 59 from the Under Advisement Calendar of 8/13/2010 to the Oral Argument Calendar of 11/9/2010 at 9:30AM in Courtroom 10-B (at the time set for oral argument on dispositive motions). Defendants' Request for Expedited Hearing is Denied. (gm) (Entered: 09/16/2010)
2010-09-1775Reply to Motion for Summary Judgment 52 , Response in Opposition to Cross Motion for Summary Judgment 67 , Motion for Summary Judgment 52 . Filed by All Plaintiffs. (Lacy, Peter) (Entered: 09/17/2010)
2010-09-2276Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (mr) (Entered: 09/24/2010)
2010-10-0877Reply Memorandum in Support to Cross Motion for Summary Judgment 67 . Filed by All Defendants. (Martin, Sean) (Entered: 10/08/2010)
2010-11-0278Defendants' Notice of Lodging of Full-Size Copies of Selected Administrative Record Documents. (Full size documents available in Clerk's Office.)Filed by All Defendants. (mr) (Additional attachment(s) added on 4/10/2015: # 1 Full-sized documents) (edt). (Entered: 11/02/2010)
2010-11-0979MINUTES OF PROCEEDINGS before Judge Paul Papak: Oral Argument held 11/9/10. Order: Plaintiffs' Motion for Summary Judgment 52 , Defendants' Motion to Strike Extra-Record Materials 59 and Defendants' Cross-Motion for Summary Judgment 67 are taken under advisement as of 11/9/2010. Peter "Mac" Lacy; David Becker present as counsel for plaintiff(s). Bradley Grenham; Sean Martin present as counsel for defendant(s). Ronald Yockim present as counsel for movant. Court Reporter: Anne Gardener (503-406-2288). (gm) (Entered: 11/09/2010)
2010-11-1080OPINION & ORDER: The single final agency action subject to ONDA's suit for judicial review under the Administrative Procedures Act is the February 19, 2009 merits decision of the IBLA. Resolution of ONDA's Motion for Summary Judgment 52 , BLM's Cross-Motion for Summary Judgment 67 , and BLM's Motion to Strike Extra-Record Materials 59 will be delayed pending further briefing and oral argument. Signed on 11/10/10 by Magistrate Judge Paul Papak. (gm) (Entered: 11/15/2010)
2010-11-1781ORDER issued by Magistrate Judge Paul Papak: Setting a Telephone Scheduling Conference for 11/23/2010 at 1:30PM in Chambers. The Court will initiate the call to the parties. (gm) (Entered: 11/17/2010)
2010-11-2382AMENDED OPINION & ORDER 80 . Signed on 11/23/10 by Magistrate Judge Paul Papak. (gm) (Entered: 11/23/2010)
2010-11-2383MINUTES OF PROCEEDINGS before Judge Paul Papak: Telephonic Scheduling Conference held 11/23/10. Order: Plaintiff shall file a brief re: issue of exhaustion by 12/9/2010. Defendants' response due by 12/23/2010. Plaintiff's reply due by 12/30/2010. Peter "Mac" Lacy; David Becker present as counsel for plaintiff(s). Sean Martin present as counsel for defendant(s). Ronald Yockim present as counsel for Movant. Court Reporter: (None). (gm) (Entered: 11/23/2010)
2010-12-0984Motion for Leave to File Amended Complaint/Petition. Filed by All Plaintiffs. (Lacy, Peter) (Entered: 12/09/2010)
2010-12-0985Memorandum in Support. Filed by All Plaintiffs. (Related document(s): Motion for Leave to File Amended Complaint/Petition 84 .) (Attachments: # 1 Exhibit 1) (Lacy, Peter) (Entered: 12/09/2010)
2010-12-0986Supplemental Brief on Issue Exhaustion . Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 52 , Motion for Summary Judgment 67 .) (Attachments: # 1 Exhibit 1) (Lacy, Peter) (Entered: 12/09/2010)
2010-12-1087ORDER issued by Magistrate Judge Paul Papak: Setting Plaintiff's Motion for Leave to File First Amended Complaint 84 on the under advisement calendar of 1/19/2011. (gm) (Entered: 12/10/2010)
2010-12-2388Response to Plaintiff's Supplemental Brief . Filed by All Defendants. (Related document(s): Brief 86 .) (Martin, Sean) (Entered: 12/23/2010)
2010-12-2789Response to Motion for Leave to File Amended Complaint/Petition 84 . Filed by All Defendants. (Martin, Sean) (Entered: 12/27/2010)
2010-12-3090Reply to Motion for Leave to File Amended Complaint/Petition 84 . Filed by All Plaintiffs. (Lacy, Peter) (Entered: 12/30/2010)
2010-12-3091Supplemental Brief - Reply Brief on Issue Exhaustion . Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 52 , Motion for Summary Judgment 67 .) (Lacy, Peter) (Entered: 12/30/2010)
2010-12-3092Amicus Notice re Brief 86 , Brief 91 Filed by Harney County (Related document(s): Brief 86 , Brief 91 .) (Attachments: # 1 Attachment Lands Council v. Ranotta) (Yockim, Ronald) (Entered: 12/30/2010)
2010-12-3193Notice of Attorney Withdrawal: Filed by All Plaintiffs (Becker, David) (Entered: 12/31/2010)
2011-01-1494OPINION & ORDER: Granting Plaintiff's Motion for Leave to File Amended Complaint 84 . Plaintiff must file its amended complaint as proposed within seven days. Signed on 1/14/11 by Magistrate Judge Paul Papak. (gm) (Entered: 01/14/2011)
2011-01-1895ORDER issued by Magistrate Judge Paul Papak: Setting a Telephone Scheduling Conference for 2/1/2011 at 10:00AM in Chambers. The Court will initiate the call to counsel. (gm) (Entered: 01/18/2011)
2011-01-2096First Amended Complaint.Filed by Oregon Natural Desert Ass'n against All Defendants. (Lacy, Peter) (Entered: 01/20/2011)
2011-02-0197MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Telephone Scheduling Conference held 2/1/11. Order Setting the following deadlines: Defendants' supplement brief to their cross-motion for summary judgment due 2/25/2011. Plaintiff's response to Defendants' supplement brief due 3/11/2011. Defendants' reply to Plaintiff's response due 3/28/2011. Order: Resetting Plaintiff's Motion for Summary Judgment 52 , Defendants' Motion to Strike Extra-Record Materials 59 and Defendants' Cross-Motion for Summary Judgment 67 on the under advisement calendar of 3/28/2011. Peter 'Mac' Lacy present as counsel for plaintiff(s). Sean Martin; Bradley Grenham present as counsel for defendant(s). Ronald Yockim present as counsel for Amicus party. Court Reporter: (None). (gm) (Entered: 02/01/2011)
2011-02-0398Answer to 96 Amended Complaint Defendants' Answer to First Amended Complaint . Filed by Bureau of Land Management, Interior Board of Land Appeals, Kenny McDaniel, Joan Suther. (Martin, Sean) (Entered: 02/03/2011)
2011-02-1499Notice of Appearance of David H. Becker appearing on behalf of Oregon Natural Desert Ass'n Filed by on behalf of Oregon Natural Desert Ass'n (Becker, David) (Entered: 02/14/2011)
2011-02-25100Supplemental Brief in Support of Defendants' Cross-Motion for Summary Judgment . Filed by All Defendants. (Related document(s): Motion for Summary Judgment 67 .) (Martin, Sean) (Entered: 02/25/2011)
2011-03-11101Supplemental Brief (Response to Defendants' Supplemental Brief) . Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 52 , Motion for Summary Judgment 67 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Lacy, Peter) (Entered: 03/11/2011)
2011-03-28102Brief Reply in Support of Defendants' Supplemental Brief . Filed by Bureau of Land Management, Interior Board of Land Appeals, Kenny McDaniel, Joan Suther. (Related document(s): Brief 100 .) (Martin, Sean) (Entered: 03/28/2011)
2011-04-28103OPINION & ORDER: ONDA's motion for summary judgment 52 is Granted in Part and Denied in Part and BLM's cross-motion for summary judgment 67 is Granted in Part and Denied in Part. The IBLA's decision was "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law" with regard to the seven issues it did not fully address. See 5 U.S.C. § 706(2)(A). The decision was valid as to the Steens Act comprehensive transportation plan requirement issue and the NEPA range of alternatives requirement issue. Thus, the IBLA's February 19, 2009 decision is vacated, except for the portion that reversed BLM's TMP Decision Record permitting motorized access on Obscure Routes, which remains in force. This action is REMANDED to the IBLA for further proceedings consistent with today's opinion. BLM's motion to strike ONDA's extra-record materials 59 is Denied as to the declaration of Dr. Craig Miller, and Denied as Moot regarding any other extra-record materials. Signed on 4/28/11 by Magistrate Judge Paul Papak. (gm) (Entered: 04/28/2011)
2011-06-06104Motion for Reconsideration of Opinion and Order on Motion for Summary Judgment,and Motion to Strike, 103 . Filed by All Plaintiffs. (Lacy, Peter) (Entered: 06/06/2011)
2011-06-06105Motion for Permanent Injunction. Filed by All Plaintiffs. (Lacy, Peter) (Entered: 06/06/2011)
2011-06-06106Consolidated Memorandum in Support. Filed by All Plaintiffs. (Related document(s): Motion for Reconsideration 104 , Motion for Permanent Injunction 105 .) (Attachments: # 1 Exhibit 1) (Lacy, Peter) (Entered: 06/06/2011)
2011-06-07107ORDER issued by Magistrate Judge Paul Papak: Setting Plaintiff's Motion for Reconsideration 104 and Plaintiff's Motion for Permanent Injunction 105 on the under advisement calendar of 6/24/2011. Responses to these motions due by 6/23/2011. (gm) (Entered: 06/07/2011)
2011-06-09108ORDER issued by Magistrate Judge Paul Papak: Granting Defendant's E-mail Request dated 6/8/11 to modify briefing schedule as follows: Reply to Plaintiff's motions for reconsideration and for permanent injunction due by 7/1/2011. Order: Resetting Plaintiff's Motion for Reconsideration 104 and Plaintiff's Motion for Permanent Injunction 105 from 6/24/2011 to the under advisement calendar of 7/5/2011. (gm) (Entered: 06/09/2011)
2011-06-23109Motion to Appear as Amicus Curiae. Filed by Harney County. (Attachments: # 1 Attachment Declaration of Ronald S. Yockim in Support of Harney County's Motion to File Amicus Brief on the Remedy Issues) (Yockim, Ronald) (Entered: 06/23/2011)
2011-06-23110Amicus Response in Opposition to Motion for Permanent Injunction 105 . Filed by Harney County. (Attachments: # 1 Attachment Declaration of Judge Steven E.Grasty) (Yockim, Ronald) (Entered: 06/23/2011)
2011-06-23111Response to Plaintiff's Consolidated Memorandum 106 in Support of Motions for Reconsideration 104 , and Motion for Permanent Injunction 105 . Filed by All Defendants. (Martin, Sean) (Entered: 06/23/2011)
2011-06-23112First Declaration of Joan Suther. Filed by All Defendants. (Related document(s): Response in Opposition to Motion 111 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Martin, Sean) (Entered: 06/23/2011)
2011-06-23113First Declaration of Travis Miller. Filed by All Defendants. (Related document(s): Response in Opposition to Motion 111 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Martin, Sean) (Entered: 06/23/2011)
2011-06-23114First Declaration of Louis E Clayburn. Filed by All Defendants. (Related document(s): Response in Opposition to Motion 111 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Martin, Sean) (Entered: 06/23/2011)
2011-06-23115First Declaration of Eric Haakenson. Filed by All Defendants. (Related document(s): Response in Opposition to Motion 111 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O) (Martin, Sean) (Entered: 06/23/2011)
2011-06-27116ORDER issued by Magistrate Judge Paul Papak: Granting Movant Harney County's unopposed Motion for Leave to File Amicus Curiae Brief on Remedy Issues 109 . (gm) (Entered: 06/27/2011)
2011-07-01117Consolidated Reply Brief in Support of Motion for Reconsideration of 103 104 and Motion for Permanent Injunction 105 . Filed by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Lacy, Peter) (Entered: 07/01/2011)
2011-07-08118OPINION & ORDER: ONDA's motion for reconsideration 104 is Granted and its April 2011 Opinion and Order 103 is altered as follows. The court declines to vacate the IBLA decision of February 2009 and instead remands to the Department of Interior. Upon remand, the agency shall issue a new decision addressing the methodology of BLM's route inventory and the seven legal issues previously described, many of which pertain to the alleged deficiencies in BLM's route inventory. ONDA's motion for permanent injunction 105 is construed as a motion for preliminary or temporary injunction and the parties are ordered to confer and submit a joint proposal or separate proposals for an injunction order as described herein. Signed on 7/8/11 by Magistrate Judge Paul Papak. (gm) (Entered: 07/08/2011)
2011-07-18119Motion for Extension of Time to File Injunction Proposal . Filed by All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Becker, David) (Entered: 07/18/2011)
2011-07-18120Motion for Extension of Time Corrected Motion for Extension of Time to File Injunction ProposalI . Filed by All Plaintiffs. (Attachments: # 1 Exhibit 1 (Proposed Order)) (Becker, David) (Entered: 07/18/2011)
2011-07-18121Memorandum in Support of Corrected Motion for Extension of Time to File Injunction Proposal . Filed by All Plaintiffs. (Related document(s): Motion for Extension of Time 120 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Becker, David) (Entered: 07/18/2011)
2011-07-18122Second Declaration of Craig Miller, M.D. . Filed by All Plaintiffs. (Attachments: # 1 Attachment A, # 2 Attachment B) (Becker, David) (Entered: 07/18/2011)
2011-07-20123Response to Motion for Extension of Time Corrected Motion for Extension of Time to File Injunction ProposalI 120 . Filed by All Defendants. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Martin, Sean) (Entered: 07/20/2011)
2011-07-20124First Declaration of Kelly Hazen . Filed by All Defendants. (Related document(s): Response to Motion 123 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Martin, Sean) (Entered: 07/20/2011)
2011-07-20125First Declaration of Richard Roy . Filed by All Defendants. (Related document(s): Response to Motion 123 .) (Martin, Sean) (Entered: 07/20/2011)
2011-07-20126Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Motion for Extension of Time to File Injunction Proposal 119 filed by Oregon Natural Desert Ass'n, Motion for Extension of Time Corrected Motion for Extension of Time to File Injunction ProposalI 120 filed by Oregon Natural Desert Ass'n. A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: Motion 119 is replaced by the Corrected Motion 120 . Please refer to Document #120 for the correct motion. (mkk) (Entered: 07/20/2011)
2011-07-21127Reply to Motion for Extension of Time Corrected Motion for Extension of Time to File Injunction ProposalI 120 . Filed by All Plaintiffs. (Becker, David) (Entered: 07/21/2011)
2011-07-21128Supplement Exhibit 1 to Reply in Support of Motion for Extension of Time . Filed by Oregon Natural Desert Ass'n. (Related document(s): Reply to Motion 127 .) (Becker, David) (Entered: 07/21/2011)
2011-07-22129Scheduling Order by Magistrate Judge Paul Papak. Status Conference is set for 7/22/2011 at 11:30AM in Telephone before Magistrate Judge Paul Papak. The court will initiate the call. Ordered by Magistrate Judge Paul Papak. (dls) (Entered: 07/22/2011)
2011-07-22130Amended Exhibit 1 to Reply in Support of Motion for Extension of Time . Filed by Oregon Natural Desert Ass'n. (Related document(s): Reply to Motion 127 .) (Becker, David) (Entered: 07/22/2011)
2011-07-22131MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Telephone conference held July 22, 2011. Plaintiff's Motion for Extension of Time Corrected Motion for Extension of Time to File Injunction Proposal 120 is GRANTED. Formal Order to follow. David H. Becker present as counsel for plaintiff(s). Sean E. Martin present as counsel for defendant(s).(Court Reporter Not Reported.) (dls) (Entered: 07/22/2011)
2011-07-22132Supplement as Discusssed at July 22 Status Conference . Filed by All Defendants. (Related document(s): Response to Motion 123 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F (map)) (Martin, Sean) (Entered: 07/22/2011)
2011-07-25133Supplement Response to BLM Supplemental Submission . Filed by Oregon Natural Desert Ass'n. (Related document(s): Supplement, 132 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Becker, David) (Entered: 07/25/2011)
2011-07-27134Defendants' Reply to Plaintiff's Response to Supplement . Filed by All Defendants. (Related document(s): Response to Motion 123 .) (Martin, Sean) (Entered: 07/27/2011)
2011-07-28135OPINION & ORDER: Granting Plaintiff's Motion for Extension of Time 120 . The parties now have until August 12, 2011 to confer and submit a joint proposed injunction, or failing agreement, separate proposals. Signed on 7/28/11 by Magistrate Judge Paul Papak. (gm) (Entered: 07/28/2011)
2011-08-12136Notice re Order, 135 Regarding Filing of Temporary Injunction Proposal Filed by All Defendants (Related document(s): Order, 135 .) (Martin, Sean) (Entered: 08/12/2011)
2011-08-12137Fifth Declaration of Rhonda Karges . Filed by All Defendants. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J) (Martin, Sean) (Entered: 08/12/2011)
2011-08-12138Exhibits Exhibits K-O (Karges Declaration) . Filed by All Defendants. (Attachments: # 1 Exhibit Exhibit K, # 2 Exhibit Exhibit L, # 3 Exhibit Exhibit M, # 4 Exhibit Exhibit N, # 5 Exhibit Exhibit O) (Martin, Sean) (Entered: 08/12/2011)
2011-08-12139Exhibits Exhibits P-T (Karges Declaration) . Filed by All Defendants. (Attachments: # 1 Exhibit Exhibit P, # 2 Exhibit Exhibit Q, # 3 Exhibit Exhibit R, # 4 Exhibit Exhibit S, # 5 Exhibit Exhibit T) (Martin, Sean) (Entered: 08/12/2011)
2011-08-12140Exhibits Exhibits U-Z (Karges Declaration) . Filed by All Defendants. (Attachments: # 1 Exhibit Exhibit U, # 2 Exhibit Exhibit V, # 3 Exhibit Exhibit W, # 4 Exhibit Exhibit X, # 5 Exhibit Exhibit Y, # 6 Exhibit Exhibit Z) (Martin, Sean) (Entered: 08/12/2011)
2011-08-12141Exhibits Exhibits AA-EE (Karges Declaration) . Filed by All Defendants. (Attachments: # 1 Exhibit Exhibit AA, # 2 Exhibit Exhibit BB, # 3 Exhibit Exhibit CC, # 4 Exhibit Exhibit DD, # 5 Exhibit Exhibit EE) (Martin, Sean) (Entered: 08/12/2011)
2011-08-12142Exhibits Exhibits FF-LL (Karges Declaration) . Filed by All Defendants. (Attachments: # 1 Exhibit Exhibit FF, # 2 Exhibit Exhibit GG, # 3 Exhibit Exhibit HH, # 4 Exhibit Exhibit II, # 5 Exhibit Exhibit JJ, # 6 Exhibit Exhibit KK, # 7 Exhibit Exhibit LL) (Martin, Sean) (Entered: 08/12/2011)
2011-08-12143Exhibits Exhibits MM-RR (Karges Declaration) . Filed by All Defendants. (Attachments: # 1 Exhibit Exhibit MM, # 2 Exhibit Exhibit NN, # 3 Exhibit Exhibit OO, # 4 Exhibit Exhibit PP, # 5 Exhibit Exhibit QQ, # 6 Exhibit Exhibit RR) (Martin, Sean) (Entered: 08/12/2011)
2011-08-12144Exhibits Exhibits SS-ZZ (Karges Declaration) . Filed by All Defendants. (Attachments: # 1 Exhibit Exhibit SS, # 2 Exhibit Exhibit TT, # 3 Exhibit Exhibit UU, # 4 Exhibit Exhibit VV, # 5 Exhibit Exhibit WW, # 6 Exhibit Exhibit XX, # 7 Exhibit Exhibit YY, # 8 Exhibit Exhibit ZZ) (Martin, Sean) (Entered: 08/12/2011)
2011-08-12145Exhibits Exhibits AAA-EEE (Karges Declaration) . Filed by All Defendants. (Attachments: # 1 Exhibit Exhibit AAA, # 2 Exhibit Exhibit BBB, # 3 Exhibit Exhibit CCC, # 4 Exhibit Exhibit DDD, # 5 Exhibit Exhibit EEE) (Martin, Sean) (Entered: 08/12/2011)
2011-08-12146Exhibits Exhibits FFF-NNN (Karges Declaration) . Filed by All Defendants. (Attachments: # 1 Exhibit Exhibit FFF, # 2 Exhibit Exhibit GGG, # 3 Exhibit Exhibit HHH, # 4 Exhibit Exhibit III, # 5 Exhibit Exhibit JJJ, # 6 Exhibit Exhibit KKK, # 7 Exhibit Exhibit LLL, # 8 Exhibit Exhibit MMM, # 9 Exhibit Exhibit NNN) (Martin, Sean) (Entered: 08/12/2011)
2011-08-12147Defendants' Proposal for Temporary Injunction . Filed by All Defendants. (Related document(s): Order, 135 .) (Martin, Sean) Modified to Motion type on 8/16/2011 (sd). (Entered: 08/12/2011)
2011-08-12148Second Declaration of Louis Clayburn . Filed by All Defendants. (Related document(s): Brief 147 .) (Martin, Sean) (Entered: 08/12/2011)
2011-08-12149Second Declaration of Kelly Hazen . Filed by All Defendants. (Related document(s): Brief 147 .) (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B) (Martin, Sean) (Entered: 08/12/2011)
2011-08-12150Second Declaration of Travis Miller . Filed by All Defendants. (Related document(s): Brief 147 .) (Martin, Sean) (Entered: 08/12/2011)
2011-08-12151First Declaration of Connie Pettyjohn . Filed by All Defendants. (Related document(s): Brief 147 .) (Martin, Sean) (Entered: 08/12/2011)
2011-08-12152Declaration of William J. Pieratt . Filed by All Defendants. (Related document(s): Brief 147 .) (Martin, Sean) (Entered: 08/12/2011)
2011-08-12153First Declaration of Jeff Rose . Filed by All Defendants. (Related document(s): Brief 147 .) (Martin, Sean) (Entered: 08/12/2011)
2011-08-12154Declaration of Rob Sharp . Filed by All Defendants. (Related document(s): Brief 147 .) (Martin, Sean) (sd). (Entered: 08/12/2011)
2011-08-12155First Declaration of David C. Swisher . Filed by All Defendants. (Related document(s): Brief 147 .) (Martin, Sean) (Entered: 08/12/2011)
2011-08-12156First Declaration of Autumn Toelle . Filed by All Defendants. (Related document(s): Brief 147 .) (Martin, Sean) (Entered: 08/12/2011)
2011-08-12157Plaintiff's Injunction Proposal . Filed by Oregon Natural Desert Ass'n. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17) (Becker, David) (Entered: 08/12/2011)
2011-08-12158Declaration of Paul Ruprecht . Filed by Oregon Natural Desert Ass'n. (Attachments: # 1 Attachment A, # 2 Attachment B) (Becker, David) (Entered: 08/12/2011)
2011-08-12159Notice of Hard Copy Filing and Certificate of Service Filed by Oregon Natural Desert Ass'n (Becker, David) (Entered: 08/12/2011)
2011-08-25160OPINION & ORDER: I adopt BLM's proposal in full. Accordingly, pending a new decision by the IBLA, BLM shall limit mechanical maintenance activities within the CMPA as described in its proposal for temporary injunction 147 and associated maps and spreadsheets. This court will retain jurisdiction over this action and will review the temporary injunction upon issuance of the IBLA's decision. Today's opinion resolves plaintiff's motion for permanent injunction 105 . Signed on 8/25/11 by Magistrate Judge Paul Papak. (gm) (Entered: 08/25/2011)
2012-03-26161Motion for Leave to Supplement Complaint . Filed by All Plaintiffs. (Lacy, Peter) (Entered: 03/26/2012)
2012-03-26162Motion to Modify Injunction . Filed by All Plaintiffs. (Lacy, Peter) (Entered: 03/26/2012)
2012-03-26163Motion to Compel Completion of Administrative Record . Filed by All Plaintiffs. (Lacy, Peter) (Entered: 03/26/2012)
2012-03-26164Proposed Amended Complaint (Supplemental Complaint) . Filed by Oregon Natural Desert Ass'n against All Defendants. (Lacy, Peter) (Entered: 03/26/2012)
2012-03-26165Consolidated Memorandum in Support . Filed by All Plaintiffs. (Related document(s): Motion to compel 163 , Motion for Leave 161 , Motion - Miscellaneous 162 .) (Attachments: # 1 Exhibit A) (Lacy, Peter) (Entered: 03/26/2012)
2012-03-26166ORDER issued by Magistrate Judge Paul Papak: Setting Plaintiff's Motion for Leave to Supplement Complaint 161 , Plaintiff's Motion to Modify Injunction 162 and Plaintiff's Motion to Compel Completion of Administrative Record 163 on the under advisement calendar of 5/2/2012. (gm) (Entered: 03/26/2012)
2012-03-26167Third Declaration of Craig Miller, M.D. . Filed by All Plaintiffs. (Related document(s): Motion to compel 163 , Motion for Leave 161 , Motion - Miscellaneous 162 .) (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C) (Lacy, Peter) (Entered: 03/26/2012)
2012-03-26168Notice re Declaration, 167 of Hard Copy Filing and Certificate of Service Filed by All Plaintiffs (Related document(s): Declaration, 167 .) (Lacy, Peter) (Entered: 03/26/2012)
2012-03-26169Declaration of Jeremy Fox . Filed by All Plaintiffs. (Related document(s): Motion to compel 163 , Motion for Leave 161 , Motion - Miscellaneous 162 .) (Lacy, Peter) (Entered: 03/26/2012)
2012-03-26170Declaration of David H. Becker . Filed by All Plaintiffs. (Related document(s): Motion to compel 163 , Motion for Leave 161 , Motion - Miscellaneous 162 .) (Lacy, Peter) (Entered: 03/26/2012)
2012-04-12171Response Defendants' Consolidated Response to Plaintiff's Motions for Leave to Supplement Complaint, to Modify Injunction, and to Compel Completion of Administrative Record to Motion to Compel Completion of Administrative Record 163 , Motion for Leave to Supplement Complaint 161 , Motion to Modify Injunction 162 Oral Argument requested. Filed by All Defendants. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Martin, Sean) (Entered: 04/12/2012)
2012-04-12172Declaration of Rhonda Karges Sixth Declaration of Rhonda Karges . Filed by All Defendants. (Related document(s): Response to Motion, 171 .) (Attachments: # 1 Exhibit A) (Martin, Sean) (Entered: 04/12/2012)
2012-04-12173Third Declaration of Kelly Hazen . Filed by All Defendants. (Related document(s): Response to Motion, 171 .) (Attachments: # 1 Exhibit A) (Martin, Sean) Modified to remove duplicate text on 4/13/2012 (sss). (Entered: 04/12/2012)
2012-04-30174Reply to Motion to Compel Completion of Administrative Record 163 , Motion for Leave to Supplement Complaint 161 , Motion to Modify Injunction 162 . Filed by All Plaintiffs. (Lacy, Peter) (Entered: 04/30/2012)
2012-05-31175OPINION & ORDER: ONDA's motion for leave to supplement its complaint 161 is Denied, ONDA's motion to modify the court's earlier temporary injunction 162 is Denied, and ONDA's motion to compel 163 is Granted. BLM is Ordered to lodge in the administrative record the GIS data delineated in ONDA's motion to compel, at no cost to ONDA. Additionally, after BLM lodges the requested GIS data, ONDA may file a renewed motion to modify the court's temporary injunction pertaining only to routes designated by the TMP that were previously undisclosed by BLM in its interim GIS data sets. Signed on 5/31/12 by Magistrate Judge Paul Papak. (gm) (Entered: 05/31/2012)
2012-06-12176Unopposed Motion for Leave to lodge GIS data by CD . Filed by All Defendants. (Martin, Sean) (Entered: 06/12/2012)
2012-06-12177ORDER issued by Magistrate Judge Paul Papak: Granting Defendants' Unopposed Motion to Lodge GIS Data by CD 176 . Defendants shall include a copy of this order with their submission. (gm) (Entered: 06/13/2012)
2012-06-14178Notice of Lodging GIS Data and Certificate of Service Filed by All Defendants (Attachments: # 1 Attachment GIS Data) (Martin, Sean) (Entered: 06/14/2012)
2012-07-12179Motion for Reconsideration re: Motion for Leave to File Supplemental Complaint of Order on motion for Leave, Order on Motion - Miscellaneous, Order on Motion to Compel,,,,,, 175 . Filed by All Plaintiffs. (Lacy, Peter) (Entered: 07/12/2012)
2012-07-12180Memorandum in Support . Filed by All Plaintiffs. (Related document(s): Motion for Reconsideration 179 .) (Lacy, Peter) (Entered: 07/12/2012)
2012-07-12181ORDER issued by Magistrate Judge Paul Papak: Setting Plaintiff's Motion for Reconsideration of 5/31/12 Opinion and Order 179 on the under advisement calendar of 8/20/2012. (gm) (Entered: 07/16/2012)
2012-07-30182Response to Motion for Reconsideration re: Motion for Leave to File Supplemental Complaint of Order on motion for Leave, Order on Motion - Miscellaneous, Order on Motion to Compel,,,,,, 175 179 . Filed by All Defendants. (Martin, Sean) (Entered: 07/30/2012)
2012-08-14183Notice re Response to Motion, 182 Notice of Supplemental Authority. Filed by All Defendants (Related document(s): Response to Motion, 182 .) (Attachments: # 1 Exhibit A) (Martin, Sean) (Entered: 08/14/2012)
2012-08-15184Motion (Renewed) to Modify Injunction . Filed by All Plaintiffs. (Lacy, Peter) (Entered: 08/15/2012)
2012-08-15185Memorandum in Support . Filed by All Plaintiffs. (Related document(s): Motion - Miscellaneous 184 .) (Lacy, Peter) (Entered: 08/15/2012)
2012-08-15186Fourth Declaration of Craig Miller, M.D. . Filed by All Plaintiffs. (Attachments: # 1 Attachment Map 1, # 2 Attachment Map 2, # 3 Attachment Map 3, # 4 Attachment Map 4, # 5 Attachment Photo B24, # 6 Attachment Map 5, # 7 Attachment Map 6, # 8 Attachment Map 7, # 9 Attachment Map 8) (Lacy, Peter) (Entered: 08/15/2012)
2012-08-16187ORDER issued by Magistrate Judge Paul Papak: Setting Plaintiff's Renewed Motion to Modify Injunction 184 on the under advisement calendar of 9/24/2012. (gm) (Entered: 08/16/2012)
2012-08-16188Reply to Motion for Reconsideration re: Motion for Leave to File Supplemental Complaint of Order on motion for Leave, Order on Motion - Miscellaneous, Order on Motion to Compel,,,,,, 175 179 . Filed by All Plaintiffs. (Lacy, Peter) (Entered: 08/16/2012)
2012-08-16189Notice re Motion - Miscellaneous 184 of Lodging GIS Data and Certificate of Service Filed by All Plaintiffs (Related document(s): Motion - Miscellaneous 184 .) (Lacy, Peter) (Entered: 08/16/2012)
2012-09-04190Memorandum in Opposition to Motion (Renewed) to Modify Injunction 184 . Filed by All Defendants. (Martin, Sean) (Entered: 09/04/2012)
2012-09-04191Fourth Declaration of Kelly Hazen . Filed by All Defendants. (Related document(s): Memorandum in Opposition 190 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Martin, Sean) (Entered: 09/04/2012)
2012-09-04192Third Declaration of Travis Miller . Filed by All Defendants. (Related document(s): Memorandum in Opposition 190 .) (Attachments: # 1 Exhibit A) (Martin, Sean) (Entered: 09/04/2012)
2012-09-07193Supplemental Brief Regarding Route Maintenance . Filed by All Defendants. (Attachments: # 1 Exhibit A) (Martin, Sean) (Entered: 09/07/2012)
2012-09-07194Supplemental Brief . Filed by All Plaintiffs. (Related document(s): Motion for Reconsideration 179 .) (Lacy, Peter) (Entered: 09/07/2012)
2012-09-21195Reply to Motion (Renewed) to Modify Injunction 184 . Filed by All Plaintiffs. (Attachments: # 1 Exhibit 1) (Lacy, Peter) (Entered: 09/21/2012)
2012-09-21196Fifth Declaration of Craig Miller, M.D. . Filed by All Plaintiffs. (Attachments: # 1 Exhibit 1) (Lacy, Peter) (Entered: 09/21/2012)
2012-09-28197OPINION & ORDER: Plaintiff's Motion for Reconsideration 179 is Denied. Signed on 9/28/12 by Magistrate Judge Paul Papak. (gm) (Entered: 09/28/2012)
2012-11-06198OPINION & ORDER: Plaintiff's renewed Motion to Modify the Maintenance Injunction 184 is Denied. Signed on 11/6/12 by Magistrate Judge Paul Papak. (gm) (Entered: 11/06/2012)
2013-03-20199ORDER issued by Magistrate Judge Paul Papak: Setting a Telephone Conference for 3/21/2013 at 11:00AM in Chambers (at the time set for a telephone conference in 2:12-cv-02303-PK; Oregon Natural Desert Association v. Karges, et al.). The Court will initiate the call to counsel. (gm) (Entered: 03/20/2013)
2013-03-21200MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Telephone Conference held 3/21/13. Peter "Mac" Lacy; David Becker present as counsel for plaintiff(s). Sean Martin present as counsel for defendant(s). Ronald Yockim present as counsel for Amicus party. Court Reporter: (None). (gm) (Entered: 03/22/2013)
2013-07-02201Notice of Attorney Withdrawal: Filed by All Plaintiffs (Becker, David) (Entered: 07/02/2013)
2013-07-12202Notice of Change of Address. Filed by All Plaintiffs (Lacy, Peter) (Entered: 07/12/2013)
2014-10-17203Joint Notice of Completion of IBLA Remand Filed by All Defendants (Martin, Sean) (Entered: 10/17/2014)
2014-11-21204ORDER issued by Magistrate Judge Paul Papak: Granting Defendants' unopposed E-mail Request dated 11/21/14 for extension of time. The parties shall file a formal Joint Status Report no later than 12/5/2014. (gm) (Entered: 11/21/2014)
2014-12-10205Joint Status Report . Filed by All Plaintiffs. (Lacy, Peter) (Entered: 12/10/2014)
2014-12-16206Unopposed Motion for Leave to File Amended Complaint/Petition (Second Amended) , Unopposed Motion to Supplement Complaint . Filed by All Plaintiffs. (Attachments: # 1 Proposed Document) (Lacy, Peter) (Entered: 12/16/2014)
2014-12-16207ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiff's Unopposed Motion for Leave to File Amended Complaint 206 . Order Setting the following deadlines: Amended Complaint due 12/23/2014. Harney County's motion to intervene due 12/30/2014. Administrative Record due 1/14/2015. ONDA's motion to enforce or modify injunction due 2/2/2015. Response to motion to enforce or modify injuction due 2/27/2015. Reply to response to motion to enforce or modify injunction due 3/16/2015. Further case scheduling issues, including dispositive motion deadlines, will be discussed following final ruling on the motion to enforce or modify injunction. (gm) (Entered: 12/16/2014)
2014-12-18208Second Amended Complaint and Supplemental Complaint . Filed by Oregon Natural Desert Ass'n against All Defendants. (Lacy, Peter) (Entered: 12/18/2014)
2014-12-23209Unopposed Motion to Intervene/Motion for Reconsideration . Filed by Harney County. (Yockim, Ronald) (Entered: 12/23/2014)
2014-12-23210Harney County's Memorandum in Support of Motion to Intervene/Motion for Reconsideration . Filed by Harney County. (Related document(s): Motion - Miscellaneous 209 .) (Attachments: # 1 Proposed Document Answer of Defendant-Intervenor Harney County to Plaintiff's Second Amended and Supplemental Complaint for Declaratory and Injunctive Relief) (Yockim, Ronald) (Entered: 12/23/2014)
2014-12-23211Declaration of Steven E. Grasty in Support of Harney County's Memorandum in Support of Motion to Intervene/Motion for Reconsideration . Filed by Harney County. (Related document(s): Motion - Miscellaneous 209 .) (Yockim, Ronald) (Entered: 12/23/2014)
2014-12-23212ORDER issued by Magistrate Judge Paul Papak: Granting Movant Harney County's Unopposed Motion to Intervene as Defendant 209 . Movant Harney County's Motion for Reconsideration 209 is Denied as Moot. (gm) (Entered: 12/23/2014)
2014-12-30213Answer to 208 Amended Complaint . Filed by Interior Board of Land Appeals, Bureau of Land Management, Kenny McDaniel, Joan Suther. (Martin, Sean) (Entered: 12/30/2014)
2015-01-14214Notice of Lodging of the Administrative Record. The administrative record will be separately lodged and is not included in this entry.Filed by All Defendants (Martin, Sean) (Entered: 01/14/2015)
2015-01-14215Affidavit of James F. Roberts . Filed by All Defendants. (Related document(s): Notice of Lodging of the Administrative Record 214 .) (Attachments: # 1 Attachment) (Martin, Sean) (Entered: 01/14/2015)
2015-01-14216Administrative Record Lodged with the Clerk's Office. Lodged by Bureau of Land Management, Interior Board of Land Appeals, Kenny McDaniel, Joan Suther. Lodged administrative records are maintained in the Clerk's Office but are not filed or made a part of the electronic record in CM/ECF. (sss) (Entered: 01/14/2015)
2015-01-28217Unopposed Motion for Extension of Time . Filed by All Plaintiffs. (Lacy, Peter) (Entered: 01/28/2015)
2015-01-29218ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiff's Unopposed Motion for Extension of Time 217 as follows: ONDA's motion to enforce or modify injunction due 3/9/2015. BLM's response to motion to enforce or modify injunction due 4/3/2015. Harney County's response to motion to enforce or modify injunction due 4/9/2015. ONDA's reply to responses to motion to enforce or modify injunction due 4/20/2015. Further case scheduling issues, including dispositive motion deadlines, will be discussed following final ruling on the motion to enforce or modify injunction. (gm) (Entered: 01/29/2015)
2015-03-09219Motion to Enforce and/or Motion to Modify Injunction and/or , Motion for Preliminary Injunction . Filed by All Plaintiffs. (Lacy, Peter) (Entered: 03/09/2015)
2015-03-09220Declaration of Craig Miller, M.D. (Sixth) . Filed by All Plaintiffs. (Related document(s): Motion - Miscellaneous, Motion for Preliminary Injunction 219 .) (Attachments: # 1 Attachment A, Part 1, # 2 Attachment A, Part 2, # 3 Attachment A, Part 3, # 4 Attachment A, Part 4, # 5 Attachment A, Part 5, # 6 Attachment A, Part 6, # 7 Attachment A, Part 7, # 8 Attachment A, Part 8, # 9 Attachment A, Part 9, # 10 Attachment A, Part 10, # 11 Attachment B) (Lacy, Peter) (Entered: 03/09/2015)
2015-03-09221ORDER issued by Magistrate Judge Paul Papak: Setting Plaintiff Oregon Natural Desert Association's Motion to Enforce and/or Motion to Modify Injunction and/or Motion for Preliminary Injunction 219 on the under advisement calendar of 4/21/2015. (gm) (Entered: 03/10/2015)
2015-03-27222ORDER issued by Magistrate Judge Paul Papak: Granting Defendants' unopposed E-mail Request dated 3/26/15 for extension of time as follows: BLM's response to motion to enforce or modify injunction due 4/17/2015. Harney County's response to motion to enforce or modify injunction due 4/23/2015. ONDA's reply to responses to motion to enforce or modify injunction due 5/4/2015. Order: Resetting Plaintiff's Motion to Enforce and/or Motion to Modify Injunction and/or Motion for Preliminary Injunction 219 from 4/21/2015 to the under advisement calendar of 5/5/2015. (gm) (Entered: 03/27/2015)
2015-04-17223Response to Motion to Enforce and/or Motion to Modify Injunction and/or Motion for Preliminary Injunction 219 Oral Argument requested. Filed by All Defendants. (Martin, Sean) (Entered: 04/17/2015)
2015-04-17224Declaration of Rhonda Karges (Seventh) . Filed by All Defendants. (Related document(s): Response to Motion 223 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Martin, Sean) (Entered: 04/17/2015)
2015-04-23225Response to Plaintiff's Motion . Filed by Harney County. (Carollo, Dominic) (Entered: 04/23/2015)
2015-04-27226ORDER issued by Magistrate Judge Paul Papak: Resetting Plaintiff's Motion to Enforce and/or Motion to Modify Injunction and/or Motion for Preliminary Injunction 219 from the Under Advisement Calendar of 5/5/2015 to the Oral Argument Calendar of 5/19/2015 at 10:00AM in Portland Courtroom 10B before Magistrate Judge Paul Papak. (gm) (Entered: 04/27/2015)
2015-04-28227ORDER issued by Magistrate Judge Paul Papak: Resetting Plaintiff's Motion to Enforce and/or Motion to Modify Injunction and/or Motion for Preliminary Injunction 219 from 5/19/2015 at 10:00AM to the Oral Argument Calendar of 5/22/2015 at 10:00AM in Portland Courtroom 10B before Magistrate Judge Paul Papak. (gm) (Entered: 04/28/2015)
2015-05-04228Notice of Appearance of David H. Becker appearing on behalf of Oregon Natural Desert Ass'n Filed by on behalf of Oregon Natural Desert Ass'n (Becker, David) (Entered: 05/04/2015)
2015-05-04229Reply to Motion to Enforce and/or Motion to Modify Injunction and/or Motion for Preliminary Injunction 219 . Filed by All Plaintiffs. (Lacy, Peter) (Entered: 05/04/2015)
2015-05-20230Notice of Administrative Development Filed by All Defendants (Attachments: # 1 Exhibit A) (Martin, Sean) (Entered: 05/20/2015)
2015-05-22231Notice of Supplemental Authority and Response to Notice of Administrative Development Filed by Oregon Natural Desert Ass'n (Attachments: # 1 Exhibit A) (Becker, David) (Entered: 05/22/2015)
2015-05-22232MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Oral Argument held 5/22/15. Order: Plaintiff's Motion to Enforce and/or/Motion to Modify Injunction and/or Motion for Preliminary Injunction 219 are taken under advisement as of 5/22/2015. Order: The parties shall submit their proposed orders for limited injunctive relief by 5/27/2015. Peter "Mac" Lacy; David Becker present as counsel for plaintiff(s). Bradley Grenham; Sean Martin; Dominic Carollo present as counsel for defendant(s). Court Reporter: Amanda LeGore. (gm) (Entered: 05/22/2015)
2015-05-27233Proposed Proposed Form of Order Submitted . Filed by Harney County. (Carollo, Dominic) (Entered: 05/27/2015)
2015-05-27234Proposed Form of Order Submitted by Defendants and Supporting Memorandum . Filed by All Defendants. (Martin, Sean) (Entered: 05/27/2015)
2015-05-27235Declaration of Rhonda Karges (Eighth) . Filed by All Defendants. (Related document(s): Proposed Form of Order or Judgment 234 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H) (Martin, Sean) (Entered: 05/27/2015)
2015-05-27236Proposed Form of Order Submitted . Filed by All Plaintiffs. (Attachments: # 1 Attachment A) (Lacy, Peter) (Entered: 05/27/2015)
2015-05-28237Motion to Strike , Motion for Leave to File Surreply . Filed by All Plaintiffs. (Lacy, Peter) (Entered: 05/28/2015)
2015-06-05238OPINION & ORDER: Plaintiff's Motion to Modify Injunction and/or Motion for Preliminary Injunction 219 is Granted as follows: the Federal defendants are prohibited from authorizing, allowing, or carrying out motorized travel or mechanical maintenance on all Obscure Routes within the Steens Mountain Comprehensive Management and Protection Area ("CMPA"), save for the limited use of 11 routes, totaling 5.78 miles, as outlined on pages 8-11 of Defendants' Proposed Order 234 , pending the court's decision on the merits of plaintiffs claims. It is further Ordered that: the parties shall confer and report to the court within 30 days following the date that the Department of the Interior's Steens Mountain Comprehensive Recreation Plan becomes effective, see 43 C.F.R. §§ 4.21, 4.403, with a recommended schedule for cross motions for summary judgment and any other necessary pleadings or motions. The bond in this public interest litigation is waived. See People ex rel. Van De Kamp v. Tahoe Reg'l Planning Agency , 766 F.2d 1319, 1325-26 (9th Cir. 1985). Nothing in this order is intended to limit the Bureau of Land Management's authority to travel throughout the CMPA for administrative purposes or to respond to an emergency. 16 U.S.C. § 460nnn-22(b)(2)(A). Further, Plaintiff's Motion to Enforce 219 is Denied as Moot. Additionally, Plaintiff's Motion to Strike 237 is Denied. Signed on 6/5/15 by Magistrate Judge Paul Papak. (gm) (Entered: 06/08/2015)
2015-07-17239ORDER issued by Magistrate Judge Paul Papak: Granting the parties' E-mail Request dated 7/17/15 for extension of time. The parties shall confer and report to the court no later than 8/7/2015 with a recommended schedule for cross motions for summary judgment and any other necessary pleadings or motions. (gm) (Entered: 07/17/2015)
2015-08-07240Joint Status Report . Filed by All Plaintiffs. (Lacy, Peter) (Entered: 08/07/2015)
2015-08-10241ORDER issued by Magistrate Judge Paul Papak: Adopting the case schedule as outlined in the parties' Joint Status Report 240 as follows: Motions to amend due 8/21/2015. Administrative Record due 9/25/2015. Dispositive motions deadline (re)set to 12/18/2015. Response to dispositive motion(s) and cross-motions due 2/22/2016. Replies to responses to dispositive motions and responses to cross-motions due 3/21/2016. Replies to responses to cross-motions due 4/18/2016. (gm) (Entered: 08/10/2015)
2015-08-20242Unopposed Motion for Leave to File Amended Complaint/Petition /Supplemental Complaint (Third) , Unopposed Motion to Confirm Jurisdiction . Filed by All Plaintiffs. (Attachments: # 1 Exhibit 1) (Lacy, Peter) (Entered: 08/20/2015)
2015-08-20243ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiff's Unopposed Motion for Leave to File Amended Complaint 242 . Plaintiff shall promptly file their third amended complaint. Order: The Court confirms that it has jurisdiction over BLM's April 13, 2015 Decision Record approving the Steens Mountain Comprehensive Recreation Plan. (gm) (Entered: 08/20/2015)
2015-08-20244Third Amended and Supplemental Complaint for Declaratory and Injunctive Relief. Filed by Oregon Natural Desert Ass'n against All Defendants. (Becker, David) Modified on 8/21/2015 (sss). (Entered: 08/20/2015)
2015-08-21245Unopposed Motion to Amend/Correct Pleading Asserting Crossclaims Amended Complaint 244 . Filed by Harney County. (Attachments: # 1 Proposed Document Proposed Answer and Affirmative Defenses of Defendant-Intervenor Harney County to Plaintiff's Third Amended and Supplemental Complaint for Declaratory and Injunctive Relief and Crossclaims Against Federal Defendants) (Carollo, Dominic) (Entered: 08/21/2015)
2015-08-21246ORDER issued by Magistrate Judge Paul Papak: Granting Intervenor-Defendant Harney County's Unopposed Motion for Leave to File Amended Pleading Asserting Cross-Claims 245 . Intervenor-Defendant Harney County shall promptly file their amended pleading. (gm) (Entered: 08/21/2015)
2015-08-21247ORDER issued by Magistrate Judge Paul Papak: Granting the parties' unopposed E-mail Request dated 8/21/15 for extension of time as follows: Federal Defendants and Intervenor-Defendant Harney County to respond to Plaintiff ONDA's Third Amended/Supplemental Complaint by 9/25/2015. Federal Defendants to respond to Intervenor-Defendant Harney County's cross-claims against Federal Defendants by 9/25/2015. Plaintiff ONDA to respond to Intervenor-Defendant Harney County's cross-claims against Federal Defendants by 9/25/2015. (gm) (Entered: 08/24/2015)
2015-08-28248Crossclaim against Bureau of Land Management, Brendan Cain, Interior Board of Land Appeals, Rhonda Karges. Filed by Harney County. (Carollo, Dominic) (Entered: 08/28/2015)
2015-09-25249Answer to 248 Crossclaim . Filed by Bureau of Land Management, Brendan Cain, Rhonda Karges, Interior Board of Land Appeals. (Martin, Sean) (Entered: 09/25/2015)
2015-09-25250Notice of Lodging of the Administrative Record. The administrative record will be separately lodged and is not included in this entry.Filed by Bureau of Land Management (Martin, Sean) (Entered: 09/25/2015)
2015-09-25251Declaration of Eric Haakenson -Certification of BLM's Administrative Record Regarding the BLM Comprehensive Recreation Plan for Steens Mountain . Filed by Bureau of Land Management. (Related document(s): Notice of Lodging of the Administrative Record 250 .) (Attachments: # 1 Attachment) (Martin, Sean) (Entered: 09/25/2015)
2015-09-25252Answer to 248 Crossclaim . Filed by Oregon Natural Desert Ass'n. (Lacy, Peter) (Entered: 09/25/2015)
2015-09-25253Answer to 244 Amended Complaint (Third Amended and Supplemental Complaint) . Filed by Bureau of Land Management, Brendan Cain, Rhonda Karges, Interior Board of Land Appeals. (Martin, Sean) (Entered: 09/25/2015)
2015-09-25254Answer to 244 Amended Complaint Harney County's Answer to Plaintiff's Third Amended and Supplemental Complaint for Declaratory and Injunctive Relief . Filed by Harney County. (Carollo, Dominic) (Entered: 09/25/2015)
2015-09-25255Administrative Record Of BLM Comprehensive Recreation Plan For Steens Mountain Index And Document On DVD.(DVD located in the Clerk's Office) Filed by All Defendants. (cib) (Entered: 09/29/2015)
2015-12-09256Scheduling Order by Magistrate Judge Thomas M. Coffin. Settlement Conference is set for 1/26/2016 at 01:30PM in Eugene Courtroom 4 before Magistrate Judge Thomas M. Coffin. Presence of all parties with settlement authority required. This includes anyone who is to have input on the decision of whether or not to settle the case. If any of the parties is going to seek input from a third person(s) regarding decisions associated with the settlement of a case, that third person should be present during all phases of the settlement process. Ordered parties to submit settlement document to the court by 12:00PM, 1/19/2016, in which they state realistic proposals they are willing to make or accept to resolve this case. PLEASE SEE ATTACHED INSTRUCTIONS REGARDING SETTLEMENT DOCUMENT. Signed on 12/9/2015 by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 12/09/2015)
2015-12-11257Joint Motion for Stay . Filed by Bureau of Land Management, Brendan Cain, Harney County, Interior Board of Land Appeals, Rhonda Karges, Oregon Natural Desert Ass'n. (Lacy, Peter) (Entered: 12/11/2015)
2015-12-11258ORDER issued by Magistrate Judge Paul Papak: Granting the parties' Joint Motion to Stay Deadlines Pending Settlement Conference 257 . The parties shall file a formal Joint Status Report no later than 2/2/2016. (gm) (Entered: 12/14/2015)
2016-01-12259Scheduling Order by Magistrate Judge Thomas M. Coffin. At the request of the Federal defendants and without objection by the other parties, Settlement Conference is reset from 1/26/2016 to 3/31/2016 at 10:00AM in Eugene chambers before Magistrate Judge Thomas M. Coffin. Ordered by Magistrate Judge Thomas M. Coffin. Settlement documents in accordance with Order # 256 are due by 12:00PM on 3/24/2016. (plb) (Entered: 01/12/2016)
2016-01-12260ORDER issued by Magistrate Judge Paul Papak: Due to the rescheduling of the settlement conference, the deadline for the parties to file a formal Joint Status Report is extended from 2/2/2016 to 4/7/2016. (gm) (Entered: 01/12/2016)
2016-03-31261MINUTES of Proceedings: Settlement Conference. Case does not settle. Negotiations ongoing. Status Conference is set for 4/26/2016 at 10:00AM in Eugene by telephone before Magistrate Judge Thomas M. Coffin. Call-in information will be sent to the parties by separate order. Peter Lacy present as counsel for plaintiff. Sean Martin present as counsel for defendant. Dominic Carollo present as counsel for intervenor defendant. Magistrate Judge Thomas M. Coffin presiding. (plb) (Entered: 04/01/2016)
2016-04-06262Scheduling Order by Magistrate Judge Thomas M. Coffin. Status Conference is reset from 4/26/2016 to 5/10/2016 at 10:00AM in Eugene by telephone before Magistrate Judge Thomas M. Coffin. Ordered by Magistrate Judge Thomas M. Coffin. Call-in information will be sent to the parties by separate order. (plb) (Entered: 04/06/2016)
2016-04-07263Joint Status Report . Filed by All Plaintiffs. (Lacy, Peter) (Entered: 04/07/2016)
2016-05-10264MINUTES of Proceedings: Telephone Status Conference. The parties inform the court that they are not in a position to settle this matter at this time. The parties will inform Judge Papak regarding the status of this case. Peter Lacy present as counsel for plaintiffs. Sean Martin present as counsel for defendants. Dominic Carollo present as counsel for intervenor defendant. Magistrate Judge Thomas M. Coffin presiding. (plb) (Entered: 05/11/2016)
2016-05-11265ORDER issued by Magistrate Judge Paul Papak: As the parties indicate they are unable to reach a settlement in this matter, counsel are to confer and submit a proposed revised case schedule no later than 5/20/2016. (gm) (Entered: 05/11/2016)
2016-05-19266Joint Status Report . Filed by Bureau of Land Management, Brendan Cain, Interior Board of Land Appeals, Rhonda Karges. (Martin, Sean) (Entered: 05/19/2016)
2016-05-19267ORDER issued by Magistrate Judge Paul Papak: The parties will file a further formal Joint Status Report no later than 5/27/2016 which will lay out their case schedule proposal for the remainder of this case. (gm) (Entered: 05/19/2016)
2016-05-27268Joint Status Report . Filed by All Plaintiffs. (Lacy, Peter) (Entered: 05/27/2016)
2016-05-27269Notice - Defendants' Proposed Case Schedule Filed by All Defendants (Martin, Sean) (Entered: 05/27/2016)
2016-05-27270Notice of Proposed Case Management Schedule Filed by All Plaintiffs (Lacy, Peter) (Entered: 05/27/2016)
2016-06-09271ORDER issued by Magistrate Judge Paul Papak: Setting a Telephonic Scheduling Conference for 6/28/2016 at 10:00AM in Portland Chambers before Magistrate Judge Paul Papak. The parties shall call into the court's conference line (phone number to be provided via separate email) five minutes prior to the scheduled conference time. The court will join the conference call at or shortly after the appointed time. (gm) (Entered: 06/09/2016)
2016-06-13272Motion to Compel Completion of Administrative Record or for In Camera Review . Filed by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Lacy, Peter) (Entered: 06/13/2016)
2016-06-14273ORDER issued by Magistrate Judge Paul Papak: Setting Plaintiff's Motion to Compel Completion of Administrative Record 272 and alternative Motion for In Camera Review 272 on the under advisement calendar of 7/5/2016. (gm) (Entered: 06/14/2016)
2016-06-28274ORDER issued by Magistrate Judge Paul Papak: Resetting the Telephonic Scheduling Conference from 10:00AM to 11:30AM on 6/28/2016 in Portland Chambers before Magistrate Judge Paul Papak. The parties shall call into the court's conference line (phone number to be provided via separate email) five minutes prior to the scheduled conference time. The court will join the conference call at or shortly after the appointed time. (gm) (Entered: 06/28/2016)
2016-06-28275MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Telephonic Scheduling Conference held 6/28/16. Order: Setting Plaintiff's Motion to Compel Completion of Administrative Record 272 and alternative Motion for In Camera Review 272 on the under advisement calendar of 7/20/2016. Response to motion to compel or for in camera review due by 7/12/2016. Reply to response due by 7/19/2016. Peter "Mac" Lacey present as counsel for plaintiff(s). Sean Martin; Dominic Carollo present as counsel for defendant(s). Court Reporter: (None). (gm) (Entered: 06/29/2016)
2016-06-30276Notice of Attorney Substitution:Attorney Thomas C. Buchele is substituted as counsel of record in place of Attorney David H. Becker Filed by All Plaintiffs (Lacy, Peter) (Entered: 06/30/2016)
2016-07-12277Response to Motion to Compel Completion of Administrative Record or for In Camera Review 272 . Filed by All Defendants. (Martin, Sean) (Entered: 07/12/2016)
2016-07-12278Declaration of Rhonda Karges . Filed by All Defendants. (Related document(s): Response to Motion 277 .) (Martin, Sean) (Entered: 07/12/2016)
2016-07-19279Reply to Motion to Compel Completion of Administrative Record or for In Camera Review 272 . Filed by All Plaintiffs. (Lacy, Peter) (Entered: 07/19/2016)
2016-09-23280ORDER: Plaintiff's Motion to Compel Completion of Administrative Record 272 is Granted in Part. The government is Ordered to submit the withheld documents for in camera review. The Court will then determine which documents, if any. should be included in the Administrative Record of the Comprehensive Recreation Plan for Steens Mountain. Signed on 9/23/16 by Magistrate Judge Paul Papak. (gm) (Entered: 09/23/2016)
2016-09-30281Notice of Lodging Documents for in camera Review Filed by All Defendants (Martin, Sean) (Entered: 09/30/2016)
2016-10-07282Notice of Appearance of Christopher T. Griffith appearing on behalf of Harney County as Co-Counsel Filed by on behalf of Harney County (Griffith, Christopher) (Entered: 10/07/2016)
2016-12-05283OPINION & ORDER: ONDA's Motion to Compel 272 is Denied in Part as it applies to Documents 1 (AR 14219-21); 2 (AR 14222-23); 6 (AR 14405-06); 9 (AR 14513-14); 10 (AR 14515-17); 12 (AR 14520-22); 13 (AR 14523-25); 17 (AR 14859-60); and 18 (AR 14861-65). ONDA's Motion is Granted in Part as it applies to the following documents: BLM is ordered to produce the following in their entirety for completion of the ARCRP: Documents 11 (AR 14518-19) and 14 (AR 14526-29). BLM is ordered to produce all reasonably segregable information from the following for completion of the AR-CRP: Documents 4 (AR 14225-14354); 5 (AR 14355-14404); 7 (AR 14407-61); 8 (AR 14465-14512); 15 (AR 14530-14723); and 16 (AR 14724-14858). Signed on 12/5/16 by Magistrate Judge Paul Papak. (gm) (Entered: 12/05/2016)
2017-01-27284Notice of Lodging of the Administrative Record. The administrative record will be separately lodged and is not included in this entry.Filed by All Defendants (Attachments: # 1 Index Supplemental Administrative Record Index) (Martin, Sean) (Entered: 01/27/2017)
2017-01-27285Supplemental Administrative Record. This filing includes a conventionally filed DVD. This conventional filing is maintained in the Clerk's Office but cannot be made a part of the court's electronic record in CM/ECF. Filed by All Defendants. (sss) (Entered: 01/31/2017)
2017-02-06286Joint Motion to Set Case Management Schedule . Filed by All Plaintiffs. (Lacy, Peter) (Entered: 02/06/2017)
2017-02-06287ORDER issued by Magistrate Judge Paul Papak: Granting the parties' Joint Motion to Set Case Management Schedule 286 as follows: BLM's corrected supplemental administrative record to be lodged by 2/17/2017. ONDA and Harney County's motions for summary judgment due by 3/31/2017. BLM's response to motions for summary judgment and cross-motions due by 5/19/2017. ONDA and Harney County's optional response to the other's motion for summary judgment due by 5/26/2017. ONDA and Harney County's replies to motions for summary judgment and responses to cross-motions due by 6/9/2017. BLM's reply to cross-motions due 6/30/2017. Order: The case caption is changed to Oregon Natural Desert Assn v. Cain, et al. to be consistent with the Third Amended and Supplemental Complaint filed in this case. All future pleadings shall reflect this change. (gm) (Entered: 02/06/2017)
2017-02-16288Notice of Lodging of the Administrative Record. The administrative record will be separately lodged and is not included in this entry.Filed by All Defendants (Attachments: # 1 Index Corrected Supplemental Administrative Record) (Martin, Sean) Corrected Supplemental Administrative Record Disk located in the Clerk's Office. (Entered: 02/16/2017)
2017-03-24289Unopposed Motion for Extension of Time (Revise Case Management Schedule) . Expedited Hearing requested. Filed by All Plaintiffs. (Lacy, Peter) (Entered: 03/24/2017)
2017-03-24290ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiff's Unopposed Motion for Extension of Time 289 as follows: ONDA and Harney County's motions for summary judgment due by 4/12/2017. BLM's response to motions for summary judgment and cross-motions due by 6/2/2017. ONDA and Harney County's optional response to the other's motion for summary judgment due by 9/22/2017. ONDA and Harney County's replies to motions for summary judgment and responses to cross-motions due by 9/29/2017. BLM's reply to cross-motions due 10/20/2017. Order: Due to the age of this case, no further extensions of time regarding the dispositive motion briefing schedule will be considered without a showing of exceptional cause. (gm) (Entered: 03/24/2017)
2017-04-10291Unopposed Motion to File Excess Pages . Expedited Hearing requested. Filed by All Plaintiffs. (Lacy, Peter) (Entered: 04/10/2017)
2017-04-10292ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiff's Unopposed Motion to File Excess Pages 291 . (gm) (Entered: 04/10/2017)
2017-04-12293Motion for Summary Judgment . Oral Argument requested. Filed by Harney County. (Carollo, Dominic) (Entered: 04/12/2017)
2017-04-12294Memorandum in Support of Motion for Summary Judgment . Filed by Harney County. (Related document(s): Motion for Summary Judgment 293 .) (Attachments: # 1 Supplement Declaration of Dominic Carollo, # 2 Supplement Declaration of Pete Runnels) (Carollo, Dominic) (Entered: 04/12/2017)
2017-04-12295Motion for Summary Judgment . Filed by All Plaintiffs. (Lacy, Peter) (Entered: 04/12/2017)
2017-04-12296Declaration of Dr. Craig Miller, M.D. (Seventh) . Filed by All Plaintiffs. (Attachments: # 1 Attachment A (Tables), # 2 Attachment B (Maps), # 3 Attachment C (GIS Datasets List)) (Lacy, Peter) (Entered: 04/12/2017)
2017-04-13297ORDER issued by Magistrate Judge Paul Papak: Setting Intervenor-Defendant/Cross-Claimant Harney County's Motion for Summary Judgment 293 and Plaintiff's Motion for Summary Judgment 295 on the Oral Argument Calendar of 10/30/2017 at 10:00AM in Portland Courtroom 10B before Magistrate Judge Paul Papak. (gm) (Entered: 04/13/2017)
2017-05-31298Unopposed Motion to File Overlength Brief . Filed by Bureau of Land Management, Brendan Cain, Interior Board of Land Appeals, Rhonda Karges. (Martin, Sean) (Entered: 05/31/2017)
2017-06-01299ORDER issued by Magistrate Judge Paul Papak: Granting Defendants' Unopposed Motion to File Over-Length Brief 298 . (gm) (Entered: 06/01/2017)
2017-06-02300Cross Motion for Summary Judgment and Memorandum in Support/in Response to Cross-Claimant Harney County's Motion for Summary Judgment . Filed by All Defendants. (Martin, Sean) (Entered: 06/02/2017)
2017-06-02301Motion to Strike and Memorandum in Support . Filed by All Defendants. (Martin, Sean) (Entered: 06/02/2017)
2017-06-02302ORDER issued by Magistrate Judge Paul Papak: Setting Defendants' Cross-Motion for Summary Judgment 300 and Defendants' Motion to Strike 301 on the Oral Argument Calendar of 10/30/2017 at 10:00AM in Portland Courtroom 10B before Magistrate Judge Paul Papak (at the time set for oral argument on dispositive motions). (gm) (Entered: 06/02/2017)
2017-06-02303Notice of Attorney Withdrawal: of Christopher T. Griffith Filed by Harney County (Carollo, Dominic) (Entered: 06/02/2017)
2017-06-02304Cross Motion for Summary Judgment and Memorandum in Support/In Response to Plaintiff's Motion for Summary Judgment . Filed by All Defendants. (Martin, Sean) (Entered: 06/02/2017)
2017-06-05305ORDER issued by Magistrate Judge Paul Papak: Setting Defendants' Cross-Motion for Summary Judgment 304 on the Oral Argument Calendar of 10/30/2017 at 10:00AM in Portland Courtroom 10B before Magistrate Judge Paul Papak (at the time set for oral argument on dispositive motions). (gm) (Entered: 06/05/2017)
2017-06-07306Unopposed Motion for Leave to File Response to Motion to Strike Concurrently with Summary Judgment Reply . Expedited Hearing requested. Filed by All Plaintiffs. (Lacy, Peter) (Entered: 06/07/2017)
2017-06-07307ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiff's Unopposed Motion for Extension of Time 306 as follows: ONDA's response to motion to strike due by 9/29/2017. (gm) (Entered: 06/07/2017)
2017-09-22308Response to Motion for Summary Judgment 293 . Filed by All Plaintiffs. (Lacy, Peter) (Entered: 09/22/2017)
2017-09-22309Cross Motion for Summary Judgment in Opposition to Motion for Summary Judgment 295 . Filed by Harney County. (Carollo, Dominic) Modified event to Motion on 10/2/2017 (sss). (Entered: 09/22/2017)
2017-09-28310Unopposed Motion to File Excess Pages . Expedited Hearing requested. Filed by All Plaintiffs. (Lacy, Peter) (Entered: 09/28/2017)
2017-09-29311Reply in Support to Cross Motion for Summary Judgment and Memorandum in Support/in Response to Cross-Claimant Harney County's Motion for Summary Judgment 300 . Filed by Harney County. (Carollo, Dominic) (Entered: 09/29/2017)
2017-09-29312Response in Opposition to Motion to Strike and Memorandum in Support 301 . Filed by All Plaintiffs. (Lacy, Peter) (Entered: 09/29/2017)
2017-09-29313Reply to Cross Motion for Summary Judgment and Memorandum in Support/In Response to Plaintiff's Motion for Summary Judgment 304 , Motion for Summary Judgment 295 , Response to Cross Motion for Summary Judgment and Memorandum in Support/In Response to Plaintiff's Motion for Summary Judgment 304 , Motion for Summary Judgment 295 . Filed by All Plaintiffs. (Lacy, Peter) (Entered: 09/29/2017)
2017-10-02314ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiff's Unopposed Motion to File Excess Pages 310 . (gm) (Entered: 10/02/2017)
2017-10-04315Individual Party Consent to Jurisdiction by U.S. Magistrate Judge . (Entered: 10/04/2017)
2017-10-04316Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (gm) (Entered: 10/05/2017)
2017-10-16317Notice of Correction Filed by All Plaintiffs. (Lacy, Peter) (Entered: 10/16/2017)
2017-10-16318Declaration of Stacy Fenton . Filed by Bureau of Land Management, Brendan Cain, Interior Board of Land Appeals, Rhonda Karges. (Attachments: # 1 Attachment 1) (Martin, Sean) (Entered: 10/16/2017)
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