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Case TitleGerrodette v. United States Department of the Interior et al
DistrictDistrict of Arizona
CityTucson Division
Case Number4:2019cv00113
Date Filed2019-03-05
Date Closed2021-01-07
JudgeJudge Rosemary Marquez
PlaintiffPatricia Gerrodette
Case DescriptionPatricia Gerrodette, an advocate for the San Pedro River, submitted a FOIA request to the Department of the Interior for records concerning settlement discussions for federal reserved water rights asserted for the Conservation Area in the Gila River Adjudication. The agency acknowledged receipt of the request. The Office of the Secretary and the Field Solicitor both responded that they had no records. The Bureau of Land Management did not respond. After hearing nothing further from the agency, Gerrodette filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Department of the Interior
DefendantUnited States Bureau of Land Management
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-03-051COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-16603363 filed by Patricia Gerrodette. (Hardee, Alex) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Corporate Disclosure)(ARC) (Entered: 03/06/2019)
2019-03-052SUMMONS Submitted by Patricia Gerrodette. (Hardee, Alex) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(ARC) (Entered: 03/06/2019)
2019-03-053Filing fee paid, receipt number 0970-16603363. This case has been assigned to the Honorable Rosemary Marquez. All future pleadings or documents should bear the correct case number: CV-19-113-TUC-RM. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (ARC) (Entered: 03/06/2019)
2019-03-064Summons Issued as to United States Bureau of Land Management, United States Department of the Interior. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(ARC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 03/06/2019)
2019-03-065SCHEDULING ORDER (FOIA): IT IS ORDERED that defendant shall serve an answer or otherwise plead within 30 days after service, unless the Court otherwise directs for good cause shown. IT IS FURTHER ORDERED that the deadline for filing dispositive motions is 6 months from the date the case is filed. Failure to file such a motion shall result in dismissal for lack of prosecution. IT IS FURTHER ORDERED that Plaintiff shall serve Defendant with a copy of this Order. Signed by Judge Rosemary Marquez on 3/6/19.(BAC) (Entered: 03/06/2019)
2019-03-06Remark: Pro hac vice motion granted for Alex Hardee and Heidi McIntosh on behalf of plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 03/06/2019)
2019-04-026SERVICE EXECUTED filed by Patricia Gerrodette: Proof of Service re: Complaint and Supplemental Documents upon All Defendants on 3/6/2019. (Attachments: # 1 Exhibit A)(Hardee, Alex) (Entered: 04/02/2019)
2019-04-127ANSWER to 1 Complaint by United States Bureau of Land Management, United States Department of the Interior.(Hernandez, J) (Entered: 04/12/2019)
2019-06-288STATUS REPORT Joint by United States Bureau of Land Management, United States Department of the Interior. (Hernandez, J) (Entered: 06/28/2019)
2019-08-309STIPULATION to Extend Dispositive Motion Deadline by 60 Days by United States Bureau of Land Management, United States Department of the Interior. (Attachments: # 1 Text of Proposed Order)(Hernandez, J) (Entered: 08/30/2019)
2019-09-0610ORDER that the Stipulation to Extend Dispositive Motion Deadline by 60 Days (Doc. 9 ) is approved. The deadline to file dispositive motions is extended to November 4, 2019. Signed by Judge Rosemary Marquez on 9/6/2019. (ARC) (Entered: 09/06/2019)
2019-10-1111NOTICE OF ATTORNEY SUBSTITUTION: Melissa M. Kroeger appearing for United States Bureau of Land Management, United States Department of the Interior. Attorney J Cole Hernandez terminated. . (Kroeger, Melissa) (Entered: 10/11/2019)
2019-10-1612STIPULATION to Extend Dispositive Motion Deadline by 45 Days (Second Request) by United States Bureau of Land Management, United States Department of the Interior. (Attachments: # 1 Text of Proposed Order)(Hernandez, J) (Entered: 10/16/2019)
2019-10-2113ORDER pursuant to 12 Stipulation: IT IS ORDERED that the Stipulation to Extend Dispositive Motion Deadline by 45 Days is approved. The deadline to file dispositive motions is extended to 12/19/19. Signed by Judge Rosemary Marquez on 10/21/19.(BAC) (Entered: 10/21/2019)
2019-12-1714STIPULATION to Vacate Dispositive Motion Deadline (3rd Request) by United States Bureau of Land Management, United States Department of the Interior. (Attachments: # 1 Text of Proposed Order)(Kroeger, Melissa) (Entered: 12/17/2019)
2019-12-1915MOTION to Supplement Complaint by Patricia Gerrodette. (Attachments: # 1 Proposed First Supplemental Complaint, # 2 Proposed Order)(Hardee, Alex) (Entered: 12/19/2019)
2019-12-1916MEMORANDUM of Points and Authorities in Support of 15 MOTION to Supplement Complaint by Plaintiff Patricia Gerrodette. (Hardee, Alex) (Entered: 12/19/2019)
2019-12-1917LODGED Proposed Proposed Supplemental Complaint re: 15 MOTION to Supplement Complaint . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Patricia Gerrodette. (Hardee, Alex) (Entered: 12/19/2019)
2019-12-2018ORDER the parties' Stipulation to Vacate Dispositive Motion Deadline (Doc. 14 ) is granted. The December 19, 2019 dispositive motion deadline is vacated. IT IS FURTHER ORDERED that the parties shall submit a Joint Report within sixty (60) days of the date this Order is filed, proposing a schedule for any outstanding issues that remain in the case. Signed by Judge Rosemary Marquez on 12/20/2019. (DLC) (Entered: 12/20/2019)
2020-02-1819STATUS REPORT Joint Report by United States Bureau of Land Management, United States Department of the Interior. (Kroeger, Melissa) (Entered: 02/18/2020)
2020-02-2520ORDER granting 15 Motion to Supplement Complaint. Plaintiff is granted leave to file her Supplemental Complaint. Signed by Judge Rosemary Marquez on 2/24/20. (KAH) (Entered: 02/25/2020)
2020-02-2721AMENDED COMPLAINT against All Defendants filed by Patricia Gerrodette.(Hardee, Alex) (Entered: 02/27/2020)
2020-04-1022ANSWER to 21 Amended Complaint by United States Bureau of Land Management, United States Department of the Interior.(Kroeger, Melissa) (Entered: 04/10/2020)
2020-04-1623ORDER: IT IS ORDERED that the deadline for the filing of dispositive motions on Plaintiff's 21 Amended Complaint is 6/29/20. The parties are directed to submit a jointly prepared report regarding the status of settlement by 5/15/20, and every 30-days thereafter. The report should not contain specific terms of settlement proposals. Signed by Judge Rosemary Marquez on 4/15/20.(BAC) (Entered: 04/16/2020)
2020-05-1524REPORT of Settlement Talks/Discussions by United States Bureau of Land Management, United States Department of the Interior. (Kroeger, Melissa) (Entered: 05/15/2020)
2020-05-2925NOTICE of Attorney Withdrawal Alex J. Hardee filed by Alex Jacob Hardee. (Hardee, Alex) (Entered: 05/29/2020)
2020-06-2926STIPULATION to Continue Dispositive Motion Deadline and Joint Settlement Status Report by United States Bureau of Land Management, United States Department of the Interior. (Attachments: # 1 Text of Proposed Order)(Kroeger, Melissa) (Entered: 06/29/2020)
2020-07-0227ORDER pursuant to 26 Stipulation: IT IS ORDERED that the parties' Stipulation to Continue Dispositive Motion Deadline is approved. The deadline for the filing of dispositive motions is extended to 8/28/2020. Signed by Judge Rosemary Marquez on 7/2/20.(BAC) (Entered: 07/02/2020)
2020-08-1928STIPULATION to Continue Dispositive Motion Deadline (5th Request) and Joint Settlement Status Report by United States Bureau of Land Management, United States Department of the Interior. (Attachments: # 1 Text of Proposed Order)(Kroeger, Melissa) (Entered: 08/19/2020)
2020-08-3129ORDER pursuant to 28 Stipulation: IT IS ORDERED that the Parties' Stipulation to Continue Dispositive Motion Deadline is partially granted. Any dispositive motion in this action must be filed on or before 10/27/20. Signed by Judge Rosemary Marquez on 8/28/20.(BAC) (Entered: 08/31/2020)
2020-10-2730NOTICE re: Joint Notice Regarding Dispositive Motions; Settlement Status Report; and Request for Briefing Schedule to Address Plaintiff's Attorney's Fees and Costs by United States Bureau of Land Management, United States Department of the Interior . (Attachments: # 1 Text of Proposed Order)(Kroeger, Melissa) (Entered: 10/27/2020)
2020-11-0531ORDER: IT IS ORDERED that, if the parties have not yet reached a settlement regarding Plaintiff's attorneys' fees and costs, Plaintiff shall file an Application for Attorney's Fees and Costs on or before 12/3/20. Defendant may file a response on or before 12/17/20, and Plaintiff may file a Reply on or before 12/24/20. Signed by Judge Rosemary Marquez on 11/4/20.(BAC) (Entered: 11/05/2020)
2020-12-0332NOTICE of Settlement by United States Bureau of Land Management, United States Department of the Interior. (Kroeger, Melissa) (Entered: 12/03/2020)
2020-12-1833STIPULATION of Dismissal by United States Bureau of Land Management, United States Department of the Interior. (Attachments: # 1 Text of Proposed Order)(Kroeger, Melissa) (Entered: 12/18/2020)
2021-01-0734ORDER pursuant to 33 Stipulation of Dismissal: IT IS ORDERED that the Stipulation for Order of Dismissal is approved. The above-captioned matter is dismissed with prejudice, with each party to bear its own attorneys' fees and costs. The Clerk of Court is directed to close this case. Signed by Judge Rosemary Marquez on 1/6/21.(BAC) (Entered: 01/07/2021)
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