Decker et al v. United States Forest Service et al

Filing 20

Minute Entry for proceedings held before Judge Philip A. Brimmer. Oral Argument and Oral Ruling held on 12/16/2009. Granting in Part and Denying in Part 2 Motion for Preliminary Injunction. Preliminary Injunction will enter for 60 days from Decembe r 16, 2009. Parties shall file status reports every 30 days apprising the Court of any developments relevant to the injunction and to indicate whether the injunction should be renewed, and if so, explaining why. (Court Reporter Adrienne Whitlow) (pabcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE PHILIP A. BRIMMER COURTROOM MINUTES Courtroom Deputy: Kathy Preuitt-Parks Court Reporter: Adrienne Whitlow Date: December 16, 2009 Time: 2 hours and 29 minutes

CASE NO. 09-cv-02675-PAB Parties MELISSA DECKER, and MICHAEL HEAPHY, Plaintiff (s), vs. UNITED STATES FOREST SERVICE, RICK CABLES, SCOTT FITZWILLIAMS, and DON DRESSLER, Defendant (s). Jamie Mendelson Kenneth Capps Counsel Michael Heaphy Pro Se and on behalf of Melissa Decker

ORAL ARGUMENT and ORAL RULING 9:41 a.m. COURT IN SESSION

APPEARANCES OF COUNSEL. Plaintiff Melissa Decker is present. Plaintiffs' Motion for Preliminary Injunction (Doc #2), filed 11/16/09.

Page Two 09-cv-02675-PAB December 16, 2009 9:41 a.m. 10:17 a.m. 10:50 a.m. 11:00 a.m. Argument by Mr. Heaphy. Questions by the Court. Argument by Ms. Mendelson. Questions by the Court. COURT IN RECESS COURT IN SESSION

Court states its findings and conclusions. ORDERED: Plaintiffs' Motion for Preliminary Injunction (Doc #2), filed 11/16/09 is GRANTED in PART and DENIED in PART. ORDERED: The defendant United States Forest Service is enjoined from carrying out logging activities in Unit 101 north of the West Grouse Creek hiking trail or west of the junction between the West Grouse Creek hiking trail and the Grouse Lake hiking trail, unless or until it properly analyses this change of unit boundaries through supplementation of the Environmental Assessment. ORDERED: The defendant United States Forest Service is enjoined from engaging in helicopter yarding in Unit 101 unless and until it properly analyses this change through supplementation of the Environmental Assessment. In addition, any further analysis of the logging activities within Unit 101 must take into account the economics of the project. ORDERED: Preliminary injunction will enter for 60 days from December 16, 2009. ORDERED: Parties shall file status reports either jointly or separately every 30 days from today's date to apprise the Court of any developments relevant to the injunction and to indicate whether the injunction should be renewed, and if so, explaining why. Discussion regarding the requirement whether plaintiffs should be required to post a bond. Defendants requests the plaintiffs be required to post a bond and requests time to brief the issue.

Page Three 09-cv-02675-PAB December 16, 2009 ORDERED: Defendants' request to brief the issue of bond is DENIED and plaintiffs will not be required to post a bond. 12:20 p.m. COURT IN RECESS 149 minutes

Total in court time: Hearing concluded