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ASHLEY CREEK PROPERTIES, LLC v. TIMCHAK

Case No. CV-08-0412-E-BLW.

649 F.Supp.2d 1171 (2009)

ASHLEY CREEK PROPERTIES, LLC, Plaintiff, v. Lawrence TIMCHAK, Supervisor Caribou National Forest; Julie Jacobson, Deputy Assistant, Secretary of the Department of Interior, Land and Minerals Management; Gail Kimball, Chief, U.S. Forest Service; Jim Caswell, Director, Bureau of Land Management; Thomas J. Vilsack, Secretary of Agriculture; and Kenneth L. Salazar, Secretary of Interior, Defendants, and J.R. Simplot Company Intervenor-Defendant.

United States District Court, D. Idaho.

Opinion Denying Reconsideration July 23, 2009.

Attorney(s) appearing for the Case

T. Jason Wood, Thomsen Stephen Law Offices PLLC, Idaho Falls, ID, E. Craig Smay, Salt Lake City, UT, for Plaintiff.

Lori Caramanian, US Dept. of Justice, Denver, CO, for Intervenor-Defendant.

MEMORANDUM DECISION AND ORDER

B. LYNN WINMILL, Chief Judge.

INTRODUCTION

The Court has before it the federal defendants's motion to dismiss (Docket No. 11), intervener-defendant Simplot's motion to dismiss (Docket No. 10), and the federal defendants's motion to strike (Docket No. 26). Because the Court only granted Simplot's request for intervention as to remedy issues, the Court will not consider Simplot's motion. For the reasons set forth below...

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