Cottonwood Environmental Law Center v. Zinke et al

Filing 72

ORDERED: Pending motions, 47 and 49 are DENIED without prejudice to renewal in whole or in part, if appropriate upon submission of the responses to the Request for Admission referenced in paragraph 1. Plaintiff's motion to stay is GRANTED in part and DENIED in part. (See order for complete details.) Signed by Judge Sam E Haddon on 12/26/2018. (HEG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA

12/26/2018

BUTTE DIVISION
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; MONT ANA
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 HEALTH INSPECTION
SERVICE,
Defendants.
On October 12, 2018, the Federal Defendants' and Steve Bullock, in his
1

The Federal Defendants are Ryan Zinke, in his official capacity as Secretary of the
Interior; 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; the National
Park Service; the U.S. Forest Service; and the U.S. Department of Agriculture-Animal & Plant

official capacity as Governor of the State of Montana ("Governor Bullock"), filed
Federal Defendants' Motion to Dismiss 2 and Governor Bullock's Motion to
Dismiss 3 with supporting briefs. 4 A response brief was filed on November 1,
2018. 5
On November 1, 2018, Plaintiff Cottonwood Environmental Law Center
("Cottonwood") filed Plaintiffs Motion to Stay Briefing and Consideration of
Federal Defendants' Motion to Dismiss to Allow Discovery on Jurisdictional
Defenses6 and supporting brief. 7 Defendants filed response briefs on November
15, 2018. 8
A conference call with counsel addressing motion to stay issues was held on
November 20, 2018.
ORDERED:
1.

Plaintiffs motion to stay is GRANTED in part and DENIED in part

Health Inspection Service. See Doc. 46 at I.
2

Doc. 47.

3

Doc. 49.

4

Docs. 48 and 50.

5

Doc. 54.

6

Doc. 52.

7

Doc. 53.

8

Docs. 57 and 58.

as follows:
a.

Plaintiffs request to pose four Requests for Admission to

Governor Bullock is GRANTED. Responses to the requests shall be served,
together with copies to the Court, on or before January 25, 2019.
b.

Plaintiffs requests to depose Ryan Zinke, Dan Wenk, Jack

Shere, and Dr. Brian McCluskey, are DENlED.
2.

The pending motions, Federal Defendants' Motion to Dismiss 9 and

Governor Bullock's Motion to Dismiss, IO are DENlED without prejudice to
renewal in whole or in part, if appropriate upon submission of the responses to the
Requests for Admission referenced in paragraph I above.
If pending motions are renewed, re-briefing of issues previously
presented will not be necessary or required, except that each party may file, within
7 days of the date upon which a motion is renewed, a supplemental brief directed
solely to new matters or issues not addressed in briefs previously filed .
DATED this

.,-It
__;;j,._ day of December, 2018.

United States District Court

9

Doc. 47.

10

Doc. 49.