Conservation Congress v. United States Forest Service et al

Filing 78

ORDER signed by Judge Lawrence K. Karlton on 3/14/2014. Plaintiff's 77 Motion is SET for hearing on 3/19/2014 at 3:30 PM in Courtroom 4 (LKK). Court will vacate this hearing if parties file a Stipulation agreeing to submit Motion on the papers . Or if they agree to Stipulated TRO pending a hearing on Motion for Preliminary Injunction. Defendant and defendant-intervenor are DIRECTED to file their Oppositions, if any, to 77 Motion for Temporary Restraining Order no later than Monday, 3/17/2014 at 4:30 p.m.. Plaintiff is DIRECTED to serve defendant and defendant-intervenor with a copy of this Order forthwith and to file Notice of Service with Court immediately thereafter. (Marciel, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CONSERVATION CONGRESS and
KLAMATH FOREST ALLIANCE,

No.

CIV. S-11-2605 LKK/EFB

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Plaintiffs,
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ORDER
v.

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UNITED STATES FOREST SERVICE,
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Defendant.
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and
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SIERRA PACIFIC INDUSTRIES,
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Proposed
Defendant
Intervenor.

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This matter concerns a claim under the National

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Environmental Policy Act, 42 U.S.C. §§ 4321, et seq. by plaintiff

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Conservation Congress against defendant United States Forest

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Service (“USFS”).

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Plaintiff applies for a temporary restraining order

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enjoining defendant USFS and defendant-intervenor Sierra Pacific

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Industries from “proceeding with the Mudflow timber sale pending
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a final decision on the merits of this case.” (Proposed Order,

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ECF No. 77-12.) According to plaintiff, challenged logging

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activities are scheduled to commence on Monday, March 24, 2014.

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(Dugan Decl. ¶¶ 2, 24, ECF No. 77-5.)

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The court hereby orders as follows:

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[1] Plaintiff’s motion is SET for hearing on Wednessday,

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March 19 at 3:30 p.m. in Courtroom 4. The court will vacate

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this hearing if the parties file a stipulation agreeing to

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submit the motion on the papers, or if they agree to a

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stipulated TRO pending a hearing on a motion for preliminary

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injunction.

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[2] Defendant and defendant-intervenor are DIRECTED to file

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their oppositions, if any, to the motion for a temporary

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restraining order no later than Monday, March 17, 2014 at

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4:30 p.m.

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[3] Plaintiff is DIRECTED to serve defendant and defendant-

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intervenor with a copy of this order forthwith and to file

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notice of service with the court immediately thereafter.

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IT IS SO ORDERED.

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DATED:

March 14, 2014.

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