Hempstead County Hunting Club, Inc. v. Southwestern Electric Power Company et al

Filing 83

ORDER re 70 Objection(s) filed by Hempstead County Hunting Club, Inc. striking documents AR007281-85 and AR007297-301 from Supplement to Administrative Record; and directing Corps of Engineers to file brief regarding origin of additional documents by 5:00 p.m. on Wednesday, September 15, 2010. Signed by Honorable William R. Wilson, Jr on September 10, 2010. (jrs)

Hempstead County Hunting Club, Inc. v. Southwestern Electric Power Company et al

Doc. 83

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION HEMPSTEAD COUNTY HUNTING CLUB, INC. v. SOUTHWESTERN ELECTRIC POWER COMPANY, et al. ORDER Plaintiff objects to the inclusion of certain documents in the Supplement to the Administrative Record (Doc. No. 70). Federal Defendants have responded.1 The following documents are stricken from the Supplement to the Administrative Record because they were created after the decision to issue the permit had been made: AR007281-852; AR007297-301.3 Plaintiff also objects to documents at AR006923-63, AR007029-34, AR007037-47, and AR007048-54.4 Federal Defendants respond that Sierra Club Plaintiffs5 requested all four documents and that AR006923-63, AR007029-34, AR007037-47 are attachments to emails included in the initial Administrative Record. The Corps is directed to file a brief providing the origins of these four documents (i.e., which emails these documents were attached to and when the drawings/maps at AR007037-47 were created) by 5:00 p.m. on Wednesday, September 15, 2010. Plaintiff may file an appropriate motion if there is still an objection after the brief is filed, 4:10-cv-04098-WRW DEFENDANTS PLAINTIFF

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Doc. No. 76. Doc. No. 70, at 4.f. Doc. No. 70, at 4.g. Doc. No. 70, at 4.a.­4.d. Sierra Club, et al. v. U.S. Corps of Engineers, et al., No. 4:10-cv-4017-WRW. 1
Dockets.Justia.com

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but I am not likely to strike these documents if they were created before the permit decision was made. The remaining documents to which Plaintiff objects will be given the weight I deem appropriate after being fully advised in the premises--probably during or at the end of the upcoming hearing. IT IS SO ORDERED this 10th day of September, 2010.

/s/ Wm. R. Wilson, Jr._______________ UNITED STATES DISTRICT JUDGE

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