PACIFIC LEGAL FOUNDATION. Case 2:15-cv MCE-DB Document 46 Filed 04/05/17 Page 1 of 3

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1 Case :5-cv MCE-DB Document 46 Filed 04/05/7 Page of DAMIEN M. SCHIFF, No dms@pacificlegal.org Pacific Legal Foundation Sacramento, California 9584 Telephone: ( Facsimile: ( Attorney for Plaintiffs UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA PACIFIC LEGAL FOUNDATION Sacramento, CA 9584 ( FAX ( AMY GRANAT, CORKY LAZZARINO, SIERRA ACCESS COALITION; CALIFORNIA OFF- ROAD VEHICLE ASSOCIATION; THE COUNTY OF PLUMAS; AND THE COUNTY OF BUTTE, v. Plaintiffs, UNITED STATES DEPARTMENT OF AGRICULTURE, a federal agency; MIKE YOUNG, in his official capacity as Secretary of the UNITED STATES DEPARTMENT OF AGRICULTURE (Acting; UNITED STATES FOREST SERVICE, a federal agency; THOMAS L. TIDWELL, in his official capacity as Chief of the UNITED STATES FOREST SERVICE; RANDY MOORE, in his official capacity as PACIFIC SOUTHWEST REGIONAL FORESTER; ALICE CARLTON, in her official capacity as the former PLUMAS NATIONAL FOREST SUPERVISOR; and DANIEL LOVATO*, in his official capacity as PLUMAS NATIONAL FOREST SUPERVISOR, Defendants. No. :5-cv MCE-DB NOTICE OF APPEAL Courtroom: 7, 4th Floor Judge: Hon. Morrison C. England, Jr * Pursuant to Federal Rule of Civil Procedure 5(d, Mike Young and Daniel Lovato are substituted for Tom Vilsack and Earl Ford, who have resigned or otherwise no longer hold their offices. Notice of Appeal No. :5-cv MCE-DB

2 Case :5-cv MCE-DB Document 46 Filed 04/05/7 Page of Plaintiffs Amy Granat, Corky Lazzarino, Sierra Access Coalition, California Off-Road Vehicle Association, County of Butte, and County of Plumas hereby appeal to the United States Court of Appeals for the Ninth Circuit from: the Memorandum and Order, ECF No. 9, filed on July 9, 05, dismissing with prejudice Plaintiffs twelfth cause of action and denying Plaintiffs Motion to File a Sur-Reply; the Memorandum and Order, ECF No. 30, filed on March 30, 06, denying Plaintiffs Motion to Compel Inclusion of Certain Documents as part of the Administrative Record; the Memorandum and Order, ECF No. 44, filed on March, 07, denying Plaintiffs Motion for Summary Judgment, granting Defendants Cross-Motion for Summary Judgment, and granting in part and denying in part Defendants Motion to Strike; and the Judgment in a Civil Case, ECF No. 45, filed on March, 07. PACIFIC LEGAL FOUNDATION Sacramento, CA 9584 ( FAX ( DATED: April 5, 07. Respectfully submitted, /s/ Damien M. Schiff DAMIEN M. SCHIFF Attorney for Plaintiffs Notice of Appeal No. :5-cv MCE-DB - -

3 Case :5-cv MCE-DB Document 46 Filed 04/05/7 Page 3 of CERTIFICATE OF SERVICE I hereby certify that on April 5, 07, I electronically filed the foregoing with the Clerk of the Court for the United States District Court for the Eastern District of California by using the court s CM/ECF system. I certify that all participants in the case are registered CM/ECF users and that service will be accomplished by the Eastern District Court s CM/ECF system /s/ Damien M. Schiff DAMIEN M. SCHIFF 0 PACIFIC LEGAL FOUNDATION Sacramento, CA 9584 ( FAX ( Notice of Appeal No. :5-cv MCE-DB - -

4 Case :5-cv MCE-DB Document 46- Filed 04/05/7 Page of REPRESENTATION STATEMENT The following is a list of all parties to the action and the names, addresses, telephone numbers, and addresses of their respective counsel, in accordance with the Federal Rule of Appellate Procedure (b and Ninth Circuit rule 3-(b: Counsel for Plaintiffs/Appellants Amy Granat, Corky Lazzarino, Sierra Access Coalition; California Off-Road Vehicle Association; the County of Plumas; and the County of Butte: Damien M. Schiff Jeremy Talcott Pacific Legal Foundation Sacramento, California 9584 Telephone: ( dms@pacificlegal.org jt@pacificlegal.org Counsel for Defendants United States Department of Agriculture; Mike Young, in his official capacity as Secretary of the United States Department of Agriculture (Acting; United States Forest Service; Thomas L. Tidwell, in his official capacity as Chief of the United States Forest Service; Randy Moore, in his official capacity as Pacific Southwest Regional Forester; Alice Carlton, in her official capacity as the former Plumas National Forest Supervisor; and Daniel Lovato, in his official capacity as Plumas National Forest Supervisor: John P. Tustin Davené D. Walker Trial Attorneys Environment & Natural Resources Division Natural Resources Section United States Department of Justice P.O. Box 76 Washington, DC Telephone: ( Telephone: ( john.tustin@usdoj.gov davene.walker@usdoj.gov Lynn Trinka Ernce Assistant United States Attorney 50 I Street, Suite 0-00 Sacramento, California 9584 Telephone: ( lynn.trinka.ernce@usdoj.gov

5 Kiren Mathews From: Sent: To: Subject: Wednesday, April 05, 07 0:8 AM Activity in Case :5-cv MCE-DB Granat et al v. United States Department of Agriculture et al. This is an automatic message generated by the CM/ECF system. Please DO NOT RESPOND to this because the mail box is unattended. ***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro se litigants to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not apply. Notice of Electronic Filing U.S. District Court Eastern District of California - Live System The following transaction was entered by Schiff, Damien on 4/5/07 at 0:7 AM PDT and filed on 4/5/07 Case Name: Granat et al v. United States Department of Agriculture et al Case Number: :5-cv MCE-DB Filer: California Off-Road Vehicle Association County of Butte County of Plumas Amy Granat Corky Lazzarino Sierra Access Coalition WARNING: CASE CLOSED on 03/0/07 Document Number: 46 Docket Text: NOTICE of APPEAL by California Off-Road Vehicle Association, County of Butte, County of Plumas, Amy Granat, Corky Lazzarino, Sierra Access Coalition. (Filing fee $ 505, receipt number (Attachments: # ( Statement Representation(Schiff, Damien :5-cv MCE-DB Notice has been electronically mailed to: Damien Michael Schiff Davene Dashawn Walker dms@pacificlegal.org, incominglit@pacificlegal.org, tae@pacificlegal.org davene.walker@usdoj.gov, efile_nrs.enrd@usdoj.gov John Tustin, GOVT john.tustin@usdoj.gov, efile_nrs.enrd@usdoj.gov

6 Lynn Trinka Ernce :5-cv MCE-DB Electronically filed documents must be served conventionally by the filer to: The following document(s are associated with this transaction: Document description:main Document Original filename:n/a Electronic document Stamp: [STAMP dcecfstamp_id= [Date=4/5/07] [FileNumber= ] [f76e7de87a5f06bc538df4a878d6ba a04f0970d073bead8a89f b778c9de8bc9ac4d e0e0fb7e90c3983e6db]] Document description:statement Representation Original filename:n/a Electronic document Stamp: [STAMP dcecfstamp_id= [Date=4/5/07] [FileNumber= ] [8a0d75089d9e0c675d0b dcba86708e33bcb6cc769a0e9d 08fd4cae50fb6f3b9a65344fcfebc3e39f5eed5e763cd693aa]]