Tillett v. Bureau of Land Management et al, No. 1:2016cv00148 - Document 49 (D. Mont. 2017)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. IT IS ORDERED that the proposed Findings and Recommendations entered by United States Magistrate Judge Cavan (Doc. 48) are ADOPTED IN FULL. IT IS FURTHER ORDERED that the Defendants' Motion for Summ ary Judgment 25 is DENIED and Plaintiff Tillet's Motion for Summary Judgment 28 is GRANTED with respect to the Revised EA's discussion of the special status species Peregrine Falcon and Shoshone Carrot; IT IS FURTHER ORDERED that Defend ants' Motion for Summary Judgment 25 is GRANTED, and Tillett's Motion for Summary Judgment 28 is DENIED, in all other respects. IT IS FURTHER ORDERED that Defendants' decisions regarding impacts on the special status species Peregr ine Falcon and Shoshone Carrot in the Revised Environmental Assessment is VACATED and the matter is REMANDED to the Bureau of Land Management for further proceedings consistent herewith. IT IS FURTHER ORDERED that Defendants' Motion to Strike Plaintiffs Statement of Undisputed Facts 34 is DENIED as moot. Signed by Judge Susan P. Watters on 12/28/2017. (EMH) Modified on 12/28/2017 Copy Order mailed to plaintiff J. Tillet(EMH).
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Tillett v. Bureau of Land Management et al Doc. 49 FILED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION DEC 2 8 2017 Clerk, US District Court District Of Montana Billings JERRI JOETTE TILLET, CV 16-148-BLG-SPW Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS vs . BUREAU OF LAND MANAGEMENT, INTERIOR BOARD OF LANDS APPEALS, and DEPARTMENT OF THE INTERIOR Defendants. Before the Court are United States Magistrate Judge Timothy Cavan's Findings and Recommendations filed on December 5, 2017. (Doc. 48). Pursuant to 28 U.S.C. ยง 636(b )(1 ), the parties were required to file written objections within 14 days of the filing of Judge Cavan's Findings and Recommendations. No objections were filed. When neither party objects, this Court reviews Judge Cavan's Findings and Recommendations for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981 ). Clear error exists if the Court is left with a "definite and firm conviction that a mistake has been committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000). After reviewing the Findings and Recommendations, this Court does not find that Judge Cavan committed clear error. 1 Dockets.Justia.com IT IS ORDERED that the proposed Findings and Recommendations entered by United States Magistrate Judge Cavan (Doc. 48) are ADOPTED IN FULL. IT IS FURTHER ORDERED that the Defendants' Motion for Summary Judgment (Doc. 25) is DENIED and PlaintiffTillet's Motion for Summary Judgment (Doc. 28) is GRANTED with respect to the Revised EA's discussion of the special status species Peregrine Falcon and Shoshone Carrot; IT IS FURTHER ORDERED that Defendants' Motion for Summary Judgment (Doc. 25) is GRANTED, and Tillett's Motion for Summary Judgment (Doc. 28) is DENIED, in all other respects. IT IS FURTHER ORDERED that Defendants' decisions regarding impacts on the special status species Peregrine Falcon and Shoshone Carrot in the Revised Environmental Assessment is VACATED and the matter is REMANDED to the Bureau of Land Management for further proceedings consistent herewith. IT IS FURTHER ORDERED that Defendants' Motion to Strike Plaintiffs Statement of Undisputed Facts (Doc. 34) is DENIED as moot. DATED this 28th day of December, 2017. ~ - / u/~;u SUSANP. WATTERS United States District Judge 2
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