Klamath-Siskiyou Wildlands Center et al v. United States Forest Service et al

Filing 35

ORDER granting 20 Motion to Intervene signed by Judge Garland E. Burrell, Jr on 9/21/10. (Kaminski, H)

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Klamath-Siskiyou Wildlands Center et al v. United States Forest Service et al Doc. 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 * IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA KLAMATH-SISKIYOU WILDLANDS CENTER, ENVIRONMENTAL PROTECTION INFORMATION CENTER, KLAMATH FOREST ALLIANCE, and CENTER FOR BIOLOGICAL DIVERSITY, Plaintiffs, v. PATRICIA A. GRANTHAM, Klamath National Forest Supervisor, and UNITED STATES FOREST SERVICE, SOUTH BAY TIMBER, LLC, and ROUGH AND READY LUMBER, LLC, Defendants. ________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2:10-cv-02350-GEB-CMK ORDER GRANTING MOTION TO INTERVENE* South Bay Timber, LLC and Rough and Ready Lumber, LLC move to intervene as defendant-intervenors under Federal Rule of Civil Procedure ("Rule") 24, arguing 1) their motion is timely since the complaint was only recently filed on August 31, 2010; 2) they have an interest in the property which is the subject of the action since "South Bay Timber is the small business that has the [contract] for the Panther Sale and . . . Rough and Ready is the small business mill where the logs will be processed into lumber[;] 3) they are so situated that without intervention, the disposition of the action may impair . . . their argument. This matter is deemed suitable for decision without oral E.D. Cal. R. 230(g). 1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ability to protect their interest in the harvest; and 4) their private, economic interests are not adequately represented by the existing parties. (Mem. of P.&A. in Supp. of Mot. to Intervene 3:6-9, 3:14-15, 4:10-12, 4:21-24, 5:12-13.) The motion is unopposed. (Stip. and Proposed Order Setting Briefing Schedule, ¶ 5, ECF No. 16.) Since South Bay Timber, LLC and Rough and Ready Lumber, LLC have shown that they are entitled to intervene in this action as defendant-intervenors, their motion to intervene is granted. IT IS SO ORDERED. Dated: September 21, 2010 GARLAND E. BURRELL, JR. United States District Judge 2

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