Filed: Jul. 02, 2019
Latest Update: Jul. 02, 2019
Summary: ORDER MICHAEL MCSHANE , District Judge . Magistrate Judge Mark D. Clarke has filed a Report and Recommendation, ECF No. 57. Plaintiffs have filed a partial objection, ECF No. 59, to which Defendants and Intervenor-Defendant have filed responses. ECF Nos. 63, 64. Defendants and Intervenor-Defendants have also separately filed partial objections, ECF Nos. 60, 61, and Plaintiffs have filed a response. ECF No. 62. The Court has reviewed the file of this case de novo. 28 U.S.C. 636(b)(1); M
Summary: ORDER MICHAEL MCSHANE , District Judge . Magistrate Judge Mark D. Clarke has filed a Report and Recommendation, ECF No. 57. Plaintiffs have filed a partial objection, ECF No. 59, to which Defendants and Intervenor-Defendant have filed responses. ECF Nos. 63, 64. Defendants and Intervenor-Defendants have also separately filed partial objections, ECF Nos. 60, 61, and Plaintiffs have filed a response. ECF No. 62. The Court has reviewed the file of this case de novo. 28 U.S.C. 636(b)(1); Mc..
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ORDER
MICHAEL MCSHANE, District Judge.
Magistrate Judge Mark D. Clarke has filed a Report and Recommendation, ECF No. 57. Plaintiffs have filed a partial objection, ECF No. 59, to which Defendants and Intervenor-Defendant have filed responses. ECF Nos. 63, 64. Defendants and Intervenor-Defendants have also separately filed partial objections, ECF Nos. 60, 61, and Plaintiffs have filed a response. ECF No. 62. The Court has reviewed the file of this case de novo. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).
The Court has given this matter de novo review and finds no error. Accordingly, the Court ADOPTS the Report and Recommendation. Plaintiffs' Motion for Summary Judgment, ECF No. 31, is GRANTED in part and DENIED in part. Defendants' Motion for Summary Judgment, ECF No. 34, is GRANTED in part and DENIED in part. Defendant-Intervenor's Motion for Summary Judgment, ECF No. 33, is GRANTED in part and DENIED in part. Plaintiffs' Request for Judicial Notice, ECF No. 52, is DENIED. The BLM's Lower Grave timber sale decision is REMANDED to the BLM for consideration of a reasonable range of alternatives under NEPA.
It is so ORDERED.
