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13-098 - Simmons v. Jarvis et al


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13-098 - Simmons v. Jarvis et al
September 5, 2013
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PROTECTIVE ORDER granting 20 Stipulation. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)
September 5, 2013
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AMENDED ORDER to Restrict Access and for Protective Order granting 19 Motion to Restrict pursuant to the E-Government Act and Motion for Entry of Protective Order 20. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)
December 9, 2013
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ORDER - The parties disagree on subject matter jurisdiction on Count I and whether discovery can be allowed on Count II. Motions shall be filed as follows:Deadline for filing Plaintiff's motion to amend complaint is January 10, 2014.On or before January 17, 2014, the defendants shall file their motion to dismiss for lack of jurisdiction or for failure to state a claim on Count I, their motion to dismiss for lack of standing, their motion to deny discovery, and any opposition to any motion to amend filed by the plaintiff. Plaintiff's brief in opposition to the defendants' motions to dismiss and motion to deny discovery shall be filed on or before February 14, 2014.Defendants' reply brief shall be filed on or before February 28, 2014. No discovery will be initiated until the Court rules on the defendants' motions. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS)
August 26, 2014
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MEMORANDUM AND ORDER that the deposition deadline is December 1, 2014. The parties' motions for summary judgment shall be filed on or before March 2, 2015, with any responses filed on or before April 2, 2015, and any replies filed on or before April 16, 2015. Any motion to permit disclosure of expert witnesses shall be filed on or before November 17, 2014. Ordered by Magistrate Judge Cheryl R. Zwart. (JSF)
September 1, 2015
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MEMORANDUM AND ORDER -1) Plaintiff's Motion to Complete or Supplement Record, (Filing No. 65), and Defendants' Motion for Protective Order, (Filing No. 76), are granted in part and denied in part as set forth in this order.2) Plaintiff's Motion to Supplement Defendant's Brief, (Filing No. 89), is denied.3) Discovery shall be completed on or before October 15, 2015.4) Absent any threshold showing of bad faith or bias and/or that the administrative record is incomplete or needs to be supplemented, this case shall be resolved wholly on review of the administrative record.a. Plaintiff shall file his brief by November 16, 2015;b. Defendants shall file a brief by December 16, 2015;c. Plaintiff may file a reply brief by January 8, 2016;d. This case shall be ripe for decision on January 11, 2016; Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
September 12, 2016
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rty that was added to the area by changing Boundary Alternative 3 on January 10, 2003.(JAB)MEMORANDUM AND ORDER regarding pending motions. 1. Defendants' motion for leave to file further briefs (Filing No. 116) is denied. 2. Plaintiff's motion to complete or supplement the administrative record (Filing No. 102) is granted.3. Plaintiff's motion for summary judgment (Filing No. 105) is granted in part and denied in part, as follows: - a. The motion is granted to the extent Plaintiff claims the National Park Service acted arbitrarily and capriciously by changing a boundary line on January 10, 2003. - b. In all other respects, the motion is denied.4. Defendants' motion for summary judgment (Filing No. 109) is granted in part and denied in part, as follows:- a. The motion is denied insofar as the January 10, 2003 boundary change is concerned, as to which claim Plaintiff has prevailed. Ordered by Senior Judge Richard G. Kopf.- b. In all other respects, the motion is granted and Plaintiff's other claims are dismissed with prejudice.5. Judgment shall be entered by separate document, generally providing that this matter is remanded to the National Park Service with directions to remove from the Niobrara Scenic River area that portion of Plaintiff's prope
September 12, 2016
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Boundary Alternative 3 on January 10, 2003. Ordered by Senior Judge Richard G. Kopf. (JAB)JUDGMENT regarding Memorandum and Order119. This matter is remanded to the National Park Service with directions to remove from the Niobrara Scenic River area that portion of Plaintiff's property that was added to the area by changing