Cottonwood Environmental Law Center v. Zinke et al

Filing 45

ORDERED: 1. Plaintiffs opposed Motion to Amend Complaint is GRANTED. 2. The proposed Second Amended Complaint, lodged with the Court as Doc. 33-1, shall be filed and served forthwith. L.R. 15.1. 3. The Amended Complaint filed February 20, 2018, and Defendants' Motions to Dismiss are moot and of no further force or effect. 4. Defendants shall have to and including October 12, 2018, in which to file any and all motions with supporting briefs directed to issues presented by the Second Amende d Complaint. Briefs in support shall be in appropriate form and complete and may not incorporate by reference any statement or argument contained in any document previously filed in this case. Please review order for complete details. Signed by Judge Sam E Haddon on 9/26/2018. (HEG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONT ANA
BUTTE DIVISION

FILED
SEP 26 2018
Clerk, U.S. District Court
District Of Montana
Helena

COTTONWOOD
ENVIRONMENTAL LAW CENTER,

No. CV 18-12-BU-SEH
Plaintiff,
ORDER
vs.
RYAN ZINKE, in his official capacity
as Secretary of the Interior; STEVE
BULLOCK, in his official capacity as
Governor of the State of Montana;
MONTANA DEPARTMENT OF
LIVESTOCK; MONTANA
DEPARTMENT OF FISH,
WILDLIFE, AND PARKS; DAN
WENK, in his official capacity as Park
Superintendent, Yellowstone National
Park; LEANNE MARTEN, in her
official capacity as Regional Forester,
U.S. Forest Service; NATIONAL
PARK SERVICE; U.S. FOREST
SERVICE; USDA-ANIMAL &
PLANT HEAL TH INSPECTION
SERVICE,
Defendants.

On September 26, 2018, the Court held a hearing on Plaintiffs opposed
second Motion to Amend Complaint. 1 Upon the record made in open court,

1

Doc. 32.

ORDERED:
1.

Plaintiffs opposed Motion to Amend Complaint2 is GRANTED.

2.

The proposed Second Amended Complaint, lodged with the Court as

Doc. 33-1, shall be filed and served forthwith. L.R. 15.1.
3.

The Amended Complaint filed February 20, 2018, 3 and Defendants'

Motions to Dismiss 4 are moot and of no further force or effect.
4.

Defendants shall have to and including October 12, 2018, in which to

file any and all motions with supporting briefs directed to issues presented by the
Second Amended Complaint. Briefs in support shall be in appropriate form and
complete and may not incorporate by reference any statement or argument
contained in any document previously filed in this case.
5.

Motions and briefs filed as provided in paragraph 4 shall address: (a)

any and all issues appropriately raised by the Second Amended Complaint; (b)
whether and upon what basis federal jurisdiction is claimed to be properly pleaded
in the Second Amended Complaint; and (c) whether the claims stated are
adequately pleaded in compliance with Ashcroft v. Iqbal, 556 U.S. 662 (2009),
Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Starr v. Baca, 652 F.3d

2

Doc. 32.

3

Doc. 7.

4

Docs. 12 and 20.

1202 (9 th Cir.2011).
6.

Motions filed in compliance with this order will be set for hearing, if

appropriate, by further order of Court.
DATED this

~1ay

of September, 2018.

~)
United States District Court