Herr et al v. United States Forest Service et al

Filing 96

JUDGMENT; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
DAVID A. HERR and PAMELA F. HERR,
Plaintiffs,
-vUNITED STATES FOREST SERVICE, et al.,
Defendants,
and
SWC, LLC, d/b/a Sylvania Wilderness
Cabins, et al.
Defendant-Intervenors.

)
)
)
)
)
)
)
)
)
)
)
)
)
)

No. 2:14-cv-105
Honorable Paul L. Maloney

JUDGMENT
On July 26, 2017, The Sixth Circuit Court of Appeals issued an opinion resolving
the disputed issues. The mandate issued on January 12, 2018. The United States
Supreme Court denied a petition for writ of certiorari on October 2, 2018. As there are no
pending claims, as required by Rule 58 of the Federal Rules of Civil Procedure,
JUDGMENT ENTERS.
Consistent with the Sixth Circuit's July 26, 2017, Opinion:
1. The challenged motorboat restrictions are unlawful as applied to the Herrs;
2. Defendants are enjoined from applying the challenged motorboat restrictions against the
Herrs, their lessees and licensees, and their successors; and
3. The parties have stipulated that Defendants will pay Plaintiffs $4,130.20 for costs and
expenses.

THIS ACTION IS TERMINATED
IT IS SO ORDERED.
Date: November 28, 2018

/s/ Paul L. Maloney
Paul L. Maloney
United States District Judge

2