Ashley Creek Properties, LLC v. j.r. Simplot Company

FILED

NOT FOR PUBLICATION NOV 17 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

GREATER YELLOWSTONE No. 09-35753 COALITION; et al., D.C. No. 4:08-cv-00388-MHW Plaintiffs,

and MEMORANDUM *

ASHLEY CREEK PROPERTIES, L.L.C.,

Petitioner-intervenor - Appellant,

v.

BRENT LARSON, Supervisor, Caribou- Targhee National Forest, in his official capacity; et al.,

Defendants,

UNITED STEELWORKERS LOCAL

632; et al.,

Defendant-intervenors,

and

J.R. SIMPLOT COMPANY,

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Defendant-intervenor - Appellee.

Appeal from the United States District Court for the District of Idaho Mikel H. Williams, Magistrate Judge, Presiding

Argued and Submitted October 6, 2010 Seattle, Washington

Before: B. FLETCHER, TASHIMA and THOMAS, Circuit Judges.

Ashley Creek Properties, L.L.C., appeals the district court’s denial of its

motion to intervene. We have jurisdiction pursuant to 28 U.S.C. § 1291, and…