Buffalo River Watershed Alliance et al v. Department of Agriculture et al

Filing 42

ORDER deeming 30 Motion for Judicial Notice as moot due to the parties' 40 Stipulation. The Court wonders whether the parties can stipulate about the attachments to the Chang affidavit. This would remove a lawyer-as-witness shadow. The Cour t also directs the Clerk to correct the docket: First, 41 is Defendants' response to Plaintiffs' Statement of Disputed Facts; Second, Maria Contreras-Sweet should be substituted for Defendant Jean Hulit. Signed by Judge D. P. Marshall Jr. on 5/6/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
BUFFALO RIVER WATERSHED ALLIANCE;
ARKANSAS CANOE CLUB; NATIONAL PARKS
CONSERVATION ASSOCIATION;
and OZARK SOCIETY

v.

PLAINTIFFS

No. 4:13-cv-450-DPM

DEPARTMENT OF AGRICULTURE, Tom
Vilsack, in his official capacity as Secretary,
United States Department of Agriculture;
SMALL BUSINESS ADMINISTRATION,
Jean Hulit, in her official capacity as Administrator,
Small Business Administration, and Linda Nelson,
in her official capacity as Arkansas District Director,
Small Business Administration; FARM SERVICE
AGENCY, Juan Garcia, in his official capacity as
Administrator, Farm Service Agency, and Linda
Newkirk in her official capacity as Arkansas
State Executive Director, Farm Service Agency

DEFENDANTS

ORDER
The Court appreciates the parties' stipulation, N!! 40. It moots the
motion for judicial notice, N!! 30, which the Court therefore denies. The Court
wonders whether the parties can stipulate about the attachments to the Chang
affidavit, N!! 33-3, 33-4, 33-5, & 33-6. This would remove a lawyer-as-witness
shadow. MOD. R. PROF. COND. 3.7; ARK. R. PROF. COND. 3.7. The Court also
directs the Clerk to correct the docket: First, N!! 41 is Defendants' response to

------

Plaintiffs' statement of undisputed material facts; second, Maria ContrerasSweet should be substituted for Defendant Jean Hulit.

FED.

R. Crv. P. 25(d);

NQ 41 at n.l.

So Ordered.

D.P. Marshall Jr.
United States District Judge

-2-