JARITA MESA LIVESTOCK GRAZING v. U.S. FOREST SERV.

No. CIV 12-0069 JB/KBM.

921 F.Supp.2d 1137 (2013)

JARITA MESA LIVESTOCK GRAZING ASSOCIATION, Alamosa Livestock Grazing Association, Sebedeo Chacon, Thomas Griego, Donald Griego, Michael Pena, Juan Giron, Joe Gurule, Fernando Gurule, Diego Jaramillo, Lorenzo Jaramillo, Gabriel Aldaz, Arturo Rodarte, Effrey Chacon, Gloria Valdez, Jerry Vasquez, Carlos Ortega, Leon Ortega, Horacio Martinez, Ronald Martinez, Steve Chavez, Vangie Chavez, Alfonso Chacon, Daniel Rael, John Valdez and Board of County Commissioners of the County of Rio Arriba, Plaintiffs, v. The UNITED STATES FOREST SERVICE and Diana Trujillo, In her official and individual capacities, Defendants.

United States District Court, D. New Mexico.

January 24, 2013.


Attorney(s) appearing for the Case

Simeon Herskovits , Iris A. Thornton , Advocates for Community and Environment, El Prado, NM, Richard Rosenstock , Santa Fe, NM, for the Plaintiffs.

Andrew A. Smith , United States Department of Justice, Environment & Natural Resources Division, United States Attorney's Office, Kenneth J. Gonzales , United States Attorney, Ruth Fuess Keegan , Assistant United States Attorney, United States Attorney's Office, Albuquerque, NM, for the Defendants.


MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Defendants' Memorandum in Support of Motion to Dismiss, filed May 23, 2012 (Doc. 17). The Court held a hearing on November 9, 2012. The primary issues are: (i) whether the Court should extend a cause of action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388

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