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Case TitlePagosans for Public Lands v. United States Forest Service et al
DistrictDistrict of Colorado
CityDenver
Case Number1:2006cv00556
Date Filed2006-03-27
Date Closed2008-08-27
JudgeJudge John L. Kane
PlaintiffPagosans for Public Lands
Case DescriptionPagosans for Public Lands submitted a FOIA request to the U.S. Forest Service for records concerning proposals for land exchanges in Archueta County. The agency provided some records, but withheld appraisal reports under Exemption 5 (privileges). PPL filed an administrative appeal. However, after several queries concerning the status of the appeal, PPL heard nothing further from the agency. PPL then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Forest Service
DefendantUnited States Department of Agriculture
AppealTenth Circuit 08-1203
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [4]
Opinion/Order [30]
Opinion/Order [44]
Opinion/Order [45]
Opinion/Order [64]
Opinion/Order [66]
Opinion/Order [78]
Opinion/Order [84]
Opinion/Order [89]
Opinion/Order [96]
Opinion/Order [112]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2006-03-271COMPLAINT against all defendants ( Filing fee $ 250, Receipt Number 267109) Summons Issued, filed by Pagosans for Public Lands. (Attachments: # 1 Civil Cover Sheet # 2 Receipt)(bpm, ) (Entered: 03/28/2006)
2006-03-292ORDER REFERRING CASE to Magistrate Judge Patricia A. Coan by Judge Figa. (rlp, ) (Entered: 03/29/2006)
2006-05-043ANSWER to Complaint by United States Forest Service, United States Department of Agriculture.(Johnson, Michael) (Entered: 05/04/2006)
2006-05-084ORDER setting Scheduling Conference for 6/6/2006 08:30 AM in Courtroom A 501 before Magistrate Judge Patricia A. Coan, Signed by Magistrate Judge Patricia A. Coan on 05/08/06. (rlp, ) (Entered: 05/08/2006)
2006-05-315Proposed Scheduling Order by Plaintiff Pagosans for Public Lands, Defendants United States Forest Service, United States Department of Agriculture. (Stills, Travis) (Entered: 05/31/2006)
2006-06-057SCHEDULING ORDER: Scheduling Conference held on 6/6/2006: Vaughn index deadline is 9/1/2006; Dispositive Motions due by 10/2/2006; Plaintiff will file a motion for discovery by 7/30/2006; Telephonic Status Conference set for 11/20/2006 at 9:30 a.m. before Magistrate Judge Patricia A. Coan. Signed by Magistrate Judge Patricia A. Coan on 06/05/06. (rlp, ) (Entered: 06/06/2006)
2006-06-066Courtroom Minutes/Minute Order for proceedings held before Magistrate Judge Patricia A. Coan. Scheduling Conference held on 6/6/2006: Vaughn index deadline is 9/1/2006; Dispositive Motions due by 10/2/2006; Plaintiff will file a motion for discovery by 7/30/2006; Telephonic Status Conference set for 11/20/2006 at 9:30 a.m. before Magistrate Judge Patricia A. Coan. (Court Reporter FTR - Ben Van Dyke) (paccd) (Entered: 06/06/2006)
2006-06-068ORDER Transferring Referral of Case to Magistrate Judge David L. West by Judge Figa. Order of Reference to Magistrate Judge Coan filed 3/29/06 is rescinded. (gms, ) (Entered: 06/06/2006)
2006-06-209ORDER of REASSIGNMENT of CASE. Case reassigned to Judge John L. Kane for all further proceedings. Judge Phillip S. Figa no longer assigned to case. Signed by Judge Figa on 6/20/06 (gms, ) (Entered: 06/21/2006)
2006-06-2310MINUTE ORDER re: 9 ORDER of REASSIGNMENT: Counsel of record and the Clerk ofthe Court are further advised, that, with the concurrence of Chief Judge Babcock, any additional related cases shall be assigned directly to me without processing through the AP docket procedure by Judge John L. Kane on 6/23/06. (dln, ) (Entered: 06/23/2006)
2006-07-0711MOTION for Judgment on the Pleadings for Declaratory Judgment on Plaintiff's First Claim for Relief by Plaintiff Pagosans for Public Lands. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Bartlett, Brad) (Entered: 07/07/2006)
2006-07-0712MEMORANDUM referring to Magistrate Judge West : 11 MOTION for Judgment on the Pleadings for Declaratory Judgment on Plaintiff's First Claim for Relief filed by Pagosans for Public Lands, (Text Only Entry - No Document Attached) by Judge John L. Kane on 7/7/06. (erv, ) (Entered: 07/07/2006)
2006-07-2013MOTION to Amend/Correct/Modify 3 Answer to Complaint by Defendants United States Forest Service, United States Department of Agriculture. (Attachments: # 1 Exhibit proposed amended answer)(Johnson, Michael) (Entered: 07/20/2006)
2006-07-2014MEMORANDUM referring to Magistrate Judge West : 13 MOTION to Amend/Correct/Modify 3 Answer to Complaint by Defendants (Text Only Entry - No Document Attached) by Judge John L. Kane on 7/20/06. (dln, ) (Entered: 07/20/2006)
2006-07-3015MOTION for Leave to Conduct Limited Paper Discovery by Plaintiff Pagosans for Public Lands. (Attachments: # 1 Exhibit Def. Rule 26 Disclosures# 2 Exhibit July 7 Communications# 3 Exhibit July 19 Communciation# 4 Exhibit July 10 Communication# 5 Exhibit October 2004 FOIA Response and Withholding# 6 Exhibit Hull v US DOL (Lexis version)# 7 Proposed Order (PDF Only) Proposed Discovery Order)(Stills, Travis) (Entered: 07/30/2006)
2006-07-3116MEMORANDUM referring to Magistrate Judge West : 15 MOTION for Leave to Conduct Limited Paper Discovery by Plaintiff (Text Only Entry - No Document Attached) by Judge John L. Kane on 7/31/06. (dln, ) (Entered: 07/31/2006)
2006-07-3117BRIEF in Opposition re 11 MOTION for Judgment on the Pleadings for Declaratory Judgment on Plaintiff's First Claim for Relief filed by Defendants United States Forest Service, United States Department of Agriculture. (Johnson, Michael) (Entered: 07/31/2006)
2006-08-0118Unopposed MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Judgment on the Pleadings for Declaratory Judgment on Plaintiff's First Claim for Relief by Defendants United States Forest Service, United States Department of Agriculture. (Attachments: # 1 Proposed Order (PDF Only))(Johnson, Michael) (Entered: 08/01/2006)
2006-08-0119MEMORANDUM referring to Magistrate Judge West : 18 Unopposed MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Judgment on the Pleadings for Declaratory Judgment on Plaintiff's First Claim for Relief by Defendants (Text Only Entry - No Document Attached) by Judge John L. Kane on 8/1/06. (dln, ) (Entered: 08/01/2006)
2006-08-0820ORDER granting 18 Unopposed MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Judgment on the Pleadings for Declaratory Judgment on Plaintiff's First Claim for Relief by Defendants . Signed by Magistrate Judge David L. West on 8/7/06. (dln, ) (Entered: 08/08/2006)
2006-08-1421RESPONSE to Motion re 13 MOTION to Amend/Correct/Modify 3 Answer to Complaint filed by Plaintiff Pagosans for Public Lands. (Attachments: # 1 Exhibit Defendants July 7 2006 Communication# 2 Exhibit Plaintiff July 10 2006 Communication# 3 Exhibit Alpine Bank v. Platt# 4 Exhibit Defendants Initial Discovery Disclosures)(Bartlett, Brad) (Entered: 08/14/2006)
2006-08-1722REPLY to Response to Motion re 11 MOTION for Judgment on the Pleadings for Declaratory Judgment on Plaintiff's First Claim for Relief filed by Plaintiff Pagosans for Public Lands. (Attachments: # 1 Exhibit National Sec Archive v. U.S. Air Force)(Bartlett, Brad) (Entered: 08/17/2006)
2006-08-1823ERRATA re 22 Reply to Response to Motion, Notice of Corrected Signing Date by Plaintiff Pagosans for Public Lands. (Bartlett, Brad) (Entered: 08/18/2006)
2006-08-1824MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Leave to Conduct Limited Paper Discovery by Defendants United States Forest Service, United States Department of Agriculture. (Attachments: # 1 Proposed Order (PDF Only))(Johnson, Michael) (Entered: 08/18/2006)
2006-08-2125ORDER granting 24 MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Leave to Conduct Limited Paper Discovery by Defendants. Signed by Magistrate Judge David L. West on 8/21/06. (dln, ) (Entered: 08/21/2006)
2006-08-2526BRIEF in Opposition re 15 MOTION for Leave to Conduct Limited Paper Discovery filed by Defendants United States Forest Service, United States Department of Agriculture. (Johnson, Michael) (Entered: 08/25/2006)
2006-08-2927REPLY to Response to Motion re 13 MOTION to Amend/Correct/Modify 3 Answer to Complaint filed by Defendants United States Forest Service, United States Department of Agriculture. (Johnson, Michael) (Entered: 08/29/2006)
2006-09-1228REPLY to Response to Motion re 15 MOTION for Leave to Conduct Limited Paper Discovery filed by Plaintiff Pagosans for Public Lands. (Attachments: # 1 Exhibit Declaration of Rita Morgan# 2 Exhibit Vaughn Index# 3 Exhibit August 2004 email)(Stills, Travis) (Entered: 09/12/2006)
2006-09-2229MOTION For Extension of Time to file Dispositive Motions by Plaintiff Pagosans for Public Lands. (Attachments: # 1 Exhibit Defendants' September 21 2006 Communication# 2 Proposed Order (PDF Only) Proposed Order)(Bartlett, Brad) (Entered: 09/22/2006)
2006-09-2530ORDER denying 15 MOTION for Leave to Conduct Limited Paper Discovery by Plaintiff. Signed by Magistrate Judge David L. West on 9/1/06.(dln, ) (Entered: 09/25/2006)
2006-09-2631MEMORANDUM regarding 29 MOTION For Extension of Time to file Dispositive Motions by Plaintiff. Motions referred to Magistrate Judge David L. West by Judge John L. Kane on 9/26/06. (Text Only Entry - No Document Attached)(dln, ) (Entered: 09/26/2006)
2006-09-2732Objections and MOTION for Reconsideration and to set aside Order (#30) re: Motion for leave to conduct limited discovery by Plaintiff Pagosans for Public Lands. (Bartlett, Brad) (Modified on 9/28/2006 to clarify entry) (dln, ). (Entered: 09/27/2006)
2006-09-2733MEMORANDUM regarding 32 MOTION for Reconsideration and to set aside Order (#30) by Plaintiff. Motions referred to Magistrate Judge David L. West by Judge John L. Kane on 9/27/06. (Text Only Entry - No Document Attached)(dln, ) (Entered: 09/27/2006)
2006-09-2834Docket Annotation re: 32 Objections and MOTION for Reconsideration and to set aside Order (#30) re: Motion for leave to conduct limited discovery by Plaintiff. [Entry modified for clarification). Text only entry - no document attached. (dln, ) (Entered: 09/28/2006)
2006-10-0635ORDER granting 29 MOTION For Extension of Time to file Dispositive Motions by Plaintiff. Plaintiff's dispositive motions due 11/22/06 and Defendant's dispositive motions due 12/15/06. Signed by Magistrate Judge David L. West on 10/5/06.(dln, ) (Entered: 10/06/2006)
2006-10-2036BRIEF in Opposition re 32 MOTION for Reconsideration and to set aside Order (#30) filed by Defendants United States Forest Service, United States Department of Agriculture. (Johnson, Michael) (Entered: 10/20/2006)
2006-10-2337REPLY to Response to Motion re 32 MOTION for Reconsideration and to set aside Order (#30) filed by Plaintiff Pagosans for Public Lands. (Bartlett, Brad) (Entered: 10/23/2006)
2006-11-1738Second MOTION For Extension of Time to file dispositive motions by Plaintiff Pagosans for Public Lands. (Attachments: # 1 Proposed Order (PDF Only) proposed order)(Bartlett, Brad) (Entered: 11/17/2006)
2006-11-2039MEMORANDUM regarding 38 Second MOTION For Extension of Time to file dispositive motions by Plaintiff. Motions referred to Magistrate Judge David L. West by Judge John L. Kane on 11/20/06. (Text Only Entry - No Document Attached)(dln, ) (Entered: 11/20/2006)
2006-11-2040MINUTE ORDER : RESETTING Telephonic Status Conference set for 11/29/2006 09:15 AM before Magistrate Judge David L. West. Signed by Magistrate Judge David L. West on 11/20/06. (dln, ) (Entered: 11/20/2006)
2006-11-2041RESPONSE to Motion re 38 Second MOTION For Extension of Time to file dispositive motions filed by Defendants United States Forest Service, United States Department of Agriculture. (Johnson, Michael) (Entered: 11/20/2006)
2006-11-2043Utility Setting/Resetting Deadlines/Hearings: Dispositive Motions due by 12/15/2006. Text only entry - no document attached. (dln, ) (Entered: 11/29/2006)
2006-11-2942ORDER granting 38 Second MOTION For Extension of Time to file dispositive motions by Plaintiff. Dispositive motiins rescheduled to 12/15/06. Signed by Magistrate Judge David L. West on 11/20/06.(dln, ) (Entered: 11/29/2006)
2006-11-2944REPORT AND RECOMMENDATIONS re 11 MOTION for Judgment on the Pleadings for Declaratory Judgment on Plaintiff's First Claim for Relief by Plaintiff be denied. Signed by Magistrate Judge David L. West on 11/29/06. (dlnsl, ) (Entered: 11/29/2006)
2006-11-2948MINUTE ORDER, Dispositive Motions for all parties due by 12/15/2006. Signed by Magistrate Judge David L. West on 11/29/06. (jjh, ) (Entered: 12/07/2006)
2006-11-2978ORDER granting Defendant's 13 Motion to Amend Answer. Signed by Magistrate Judge David L. West on 11/29/06.(jjh, ) (Entered: 03/26/2007)
2006-11-3045ORDER (Report and Recommendation): granting 32 Objections and MOTION for Reconsideration and to set aside Order (#30) re: Motion for leave to conduct limited discovery by Plaintiff. Plaintiff is entitled to limited discovery limited to three interrogatories to the dft and the subject matter of interrogatories limited to whether or not any of the records sought by plaintiff were shared in whole or in part with a non-agency third part. Signed by Magistrate Judge David L. West on 11/29/06.(dln, ) (Modified on 12/14/2006 to clarify entry) (dln, ). (Entered: 11/30/2006)
2006-12-0646MOTION to Remand AND RECOMMIT ORDER (#44) TO THE MAGISTRATE JUDGE WITH INSTRUCTIONS TO SET MATTER FOR RESOLUTION BY SUMMARY JUDGMENT by Plaintiff Pagosans for Public Lands. (Bartlett, Brad) (Entered: 12/06/2006)
2006-12-0747MINUTE ORDER Defendants shall file a response to plaintiff's 46 MOTION to Remand AND RECOMMIT ORDER (#44) TO THE MAGISTRATE JUDGE WITH INSTRUCTIONS TO SET MATTER FOR RESOLUTION BY SUMMARY JUDGMENT by 12/15/06. Reply will be ordered, if necessary by Judge John L. Kane on 12/07/06. (jjh, ) (Entered: 12/07/2006)
2006-12-1349Third MOTION For Extension of Time to File Dispositive Motions by Plaintiff Pagosans for Public Lands. (Attachments: # 1 Exhibit 7.1 Consultation Communication# 2 Exhibit Plaintiff's Discovery Request# 3 Proposed Order (PDF Only) proposed order)(Bartlett, Brad) (Entered: 12/13/2006)
2006-12-1350MEMORANDUM regarding 49 Third MOTION For Extension of Time to File Dispositive Motions filed by Pagosans for Public Lands. Motions referred to Magistrate Judge David L. West (Text Only Entry - No Document Attached) by Judge John L. Kane on 12/13/06. (jjh, ) (Entered: 12/13/2006)
2006-12-1451NOTICE re 45 Order on Motion for Reconsideration, (Objections to Order) by Defendants United States Forest Service, United States Department of Agriculture (Johnson, Michael) (Entered: 12/14/2006)
2006-12-1452Docket Annotation re: 51 NOTICE re #45 Order on Motion for Reconsideration, (Objections to Order) by Defendants. [Document to be refiled by Counsel as an Objection to the Report and Recommendation]. Text only entry - no document attached. (dln, ) (Entered: 12/14/2006)
2006-12-1453Response in Opposition (OBJECTIONS) to 45 ORDER (Report and Recommendation) by Defendants United States Forest Service, United States Department of Agriculture. (dln, ) (Modified on 12/14/2006 to correct file date) (dln, ). (Entered: 12/14/2006)
2006-12-1554RESPONSE to 53 Response in Opposition (OBJECTIONS) to 45 ORDER (Report and Recommendation) and In Support of Magistrate West's Order Granting Limited Discovery by Plaintiff Pagosans for Public Lands. (Attachments: # 1 Exhibit Plaintiff's Discovery Request# 2 Exhibit Dec 8 2006 Smith Letter# 3 Exhibit Hull v. DOL)(Bartlett, Brad) (Modified on 12/18/2006 to clarify entry) (dln, ). (Entered: 12/15/2006)
2006-12-1555MOTION For Extension of Time to File Motion for Summary Judment and File Response to Doc. No. 46 by Defendants United States Forest Service, United States Department of Agriculture. (Attachments: # 1 Proposed Order (PDF Only))(Johnson, Michael) (Entered: 12/15/2006)
2006-12-1856MOTION for Summary Judgment by Defendants United States Forest Service, United States Department of Agriculture. (Johnson, Michael) (Entered: 12/18/2006)
2006-12-1857BRIEF in Opposition re 46 MOTION to Remand AND RECOMMIT ORDER (#44) TO THE MAGISTRATE JUDGE WITH INSTRUCTIONS TO SET MATTER FOR RESOLUTION BY SUMMARY JUDGMENT filed by Defendants United States Forest Service, United States Department of Agriculture. (Johnson, Michael) (Entered: 12/18/2006)
2006-12-1958STATEMENT re 56 MOTION for Summary Judgment [Exhibits A-1, A-2, A-3 and A-4 in Support of Motion for Summary Judgment] by Defendants United States Forest Service, United States Department of Agriculture. (Attachments: # 1 Exhibit A-1# 2 Exhibit A-2# 3 Exhibit A-3# 4 Exhibit A-4)(Johnson, Michael) (Entered: 12/19/2006)
2006-12-1959REPLY to Response to Motion re 46 MOTION to Remand AND RECOMMIT ORDER (#44) TO THE MAGISTRATE JUDGE WITH INSTRUCTIONS TO SET MATTER FOR RESOLUTION BY SUMMARY JUDGMENT filed by Plaintiff Pagosans for Public Lands. (Bartlett, Brad) (Entered: 12/19/2006)
2006-12-2060RESPONSE to Motion re 49 Third MOTION For Extension of Time to File Dispositive Motions filed by Defendants United States Forest Service, United States Department of Agriculture. (Johnson, Michael) (Entered: 12/20/2006)
2006-12-2061MEMORANDUM regarding 56 MOTION for Summary Judgment filed by United States Forest Service, United States Department of Agriculture. Motions referred to Magistrate Judge David L. West by Judge John L. Kane on 12/20/06. (Text Only Entry - No Document Attached)(jjh, ) (Entered: 12/22/2006)
2006-12-2064ORDER Defendant's objections to the magistrate judge's 11/30/06 order re 45 is overruled and affirmed. Defendants to respond to plaintiff's discovery request no later than 1/15/07. Dispositive motion deadline is extended to 1/31/07. Plaintiff's deadline to respond to defendants' motion for summary judgment is 1/31/07. Signed by Judge John L. Kane on 12/20/06.(gmssl, ) (Entered: 12/22/2006)
2006-12-2065Discovery due by 1/15/2007. Text only entry - no document attached. (jjh, ) (Entered: 12/22/2006)
2006-12-2162ORDER granting Plaintiff's Third 49 Motion for Extension of Time to file Dispositive Motions. Dispositive Motions are rescheduled to 01/31/07. Signed by Magistrate Judge David L. West on 12/21/06.(jjh, ) (Entered: 12/22/2006)
2006-12-2163Utility Setting/Resetting Deadlines/Hearings: Text only entry - no document attached. Dispositive Motions due by 1/31/2007 pursuant to order of 12/21/06 (jjh, ) (Entered: 12/22/2006)
2007-01-1866ORDER denying Plaintiff's 46 Motion to Remand. PPL's alternative request for 10 days from the entry of this order in which to serve and file objections to Magistrate Judge West recommendation 44 is granted. PPL may file any objections to the Magistrate Judges 11/29/06 Recommendation no later than 02/01/07. The Forest Service may respond to any timely filed objections no later than 02/15/07. Signed by Judge John L. Kane on 01/18/07.(jjh, ) (Entered: 01/18/2007)
2007-01-3167RESPONSE to Motion re 56 MOTION for Summary Judgment filed by Plaintiff Pagosans for Public Lands. (Attachments: # 1 Exhibit August 18, 2004, Email Communication from Sharon K. Moore# 2 Exhibit Defendants Response to Plaintiffs Discovery Request)(Bartlett, Brad) (Entered: 01/31/2007)
2007-01-3168Cross MOTION for Summary Judgment ON PLAINTIFFS SECOND CLAIM FOR RELIEF by Plaintiff Pagosans for Public Lands. (Attachments: # 1 Exhibit U.S. Forest Service Scoping Notice# 2 Exhibit August 26, 2004, PPL FOIA Request# 3 Exhibit October 18, 2004, Forest Service FOIA Response# 4 Exhibit November 8, 2004, PPL FOIA Appeal# 5 Exhibit August 30, 2006, Morgan Declaration# 6 Exhibit Defendants Response to Plaintiffs Discovery Request# 7 Exhibit Appraisal Review Reports (In Part)# 8 Exhibit August 18, 2004, Email Communication of Sharon K. Moore)(Bartlett, Brad) (Entered: 01/31/2007)
2007-02-0169OBJECTION to 44 Report and Recommendations by Plaintiff Pagosans for Public Lands. (Bartlett, Brad) (Entered: 02/01/2007)
2007-02-0770MEMORANDUM regarding 68 Cross MOTION for Summary Judgment ON PLAINTIFFS SECOND CLAIM FOR RELIEF filed by Pagosans for Public Lands. Motions referred to Magistrate Judge David L. West by Judge John L. Kane on 02/07/07. (Text Only Entry - No Document Attached)(jjh, ) (Entered: 02/08/2007)
2007-02-1571RESPONSE to Objection to 44 REPORT AND RECOMMENDATIONS re 11 MOTION for Judgment on the Pleadings for Declaratory Judgment on Plaintiff's First Claim for Relief filed by Pagosans for Public Lands filed by Defendants United States Forest Service, United States Department of Agriculture. (Johnson, Michael) (Entered: 02/15/2007)
2007-02-1972MOTION for Extension of Time to File Response/Reply as to 56 MOTION for Summary Judgment by Defendants United States Forest Service, United States Department of Agriculture. (Attachments: # 1 Proposed Order (PDF Only))(Johnson, Michael) (Entered: 02/19/2007)
2007-02-2073MEMORANDUM regarding 72 MOTION for Extension of Time to File Response/Reply as to 56 MOTION for Summary Judgment filed by United States Forest Service, United States Department of Agriculture. Motions referred to Magistrate Judge David L. West by Judge John L. Kane on 02/20/07. (Text Only Entry - No Document Attached)(jjh, ) (Entered: 02/20/2007)
2007-02-2074BRIEF in Opposition re 68 Cross MOTION for Summary Judgment ON PLAINTIFFS SECOND CLAIM FOR RELIEF filed by Defendants United States Forest Service, United States Department of Agriculture. (Attachments: # 1 Exhibit A-5 -- Bryce v. Overseas Private Inv. Corp.)(Johnson, Michael) (Entered: 02/20/2007)
2007-02-2275REPLY to Response to Motion re 56 MOTION for Summary Judgment filed by Defendants United States Forest Service, United States Department of Agriculture. (Attachments: # 1 Exhibit A-6 -- Adam Poe declaration)(Johnson, Michael) (Entered: 02/22/2007)
2007-03-0176Minute ORDER granting Defendant's 72 Motion for Extension of Time to File Reply in Support of Motion for Summary Judgment by Magistrate Judge David L. West on 03/01/07.(jjh, ) (Entered: 03/01/2007)
2007-03-1277REPLY to Response to Motion re 68 Cross MOTION for Summary Judgment ON PLAINTIFFS SECOND CLAIM FOR RELIEF filed by Plaintiff Pagosans for Public Lands. (Attachments: # 1 Exhibit Three Appraisal Review Reports (August 18, 2004)# 2 Exhibit Keystone Appraisal Report (July 12 2004)# 3 Exhibit Federal Parcel Appraisal Report (July 9 2004)# 4 Exhibit Laughlin Park/Spiler Canyon Appraisal Report (July 9 2004)# 5 Exhibit GAO Report (June 2000)# 6 Exhibit Hull v. DOL# 7 Exhibit Gary Energy Corp v. DOE# 8 Exhibit US v. Anderson# 9 Exhibit Declaration of Marcia Jarvis)(Bartlett, Brad) (Entered: 03/12/2007)
2007-06-2179STATUS REPORT by Plaintiff Pagosans for Public Lands. (Attachments: # 1 Exhibit May 21, 2007 FS letter# 2 Exhibit May 21, 2007 FS Attachments# 3 Exhibit March 15, 2004 Memo (redacted)# 4 Exhibit August 26, 2004 Memo (Redacted)# 5 Exhibit SLVEC v. FS, 04-cv-1071 (Opinion and Order))(Bartlett, Brad) (Entered: 06/21/2007)
2007-07-2080MINUTE ORDER setting Telephonic Status Conference for 7/25/2007 08:00 AM before Magistrate Judge David L. West. Signed by Magistrate Judge David L. West on 07/20/07. (jjh, ) (Entered: 07/20/2007)
2007-07-2581MINUTE ORDER setting Oral Argument for 8/21/2007 08:00 AM before Magistrate Judge David L. West. ORDERED that the parties will submit case law re: appraisals of Western Land and Ms. Moore of the U.S.F.S. and whether or not exemptions 5 and 6 apply. Signed by Magistrate Judge David L. West on 07/25/07. (jjh, ) (Entered: 07/25/2007)
2007-07-2582Unopposed MOTION for Order to Set a Cut-Off Date for the Submission of Supplemental Briefing by Defendants United States Forest Service, United States Department of Agriculture. (Attachments: # 1 Proposed Order (PDF Only))(Johnson, Michael) (Entered: 07/25/2007)
2007-07-2683MEMORANDUM regarding 82 Unopposed MOTION for Order to Set a Cut-Off Date for the Submission of Supplemental Briefing filed by United States Forest Service, United States Department of Agriculture. Motions referred to Magistrate Judge David L. West by Judge John L. Kane on 07/26/07. (Text Only Entry - No Document Attached)(jjh, ) (Entered: 07/26/2007)
2007-07-3184ORDER granting Defendants' 82 Motion for an Order setting forth a date by which each side's five-page brief, pursuant to Court's 07/25/07 Order, shall be due for filing by 08/10/07 at 5:00pm. Signed by Magistrate Judge David L. West on 07/31/07.(jjh, ) (Entered: 07/31/2007)
2007-08-1085SUPPLEMENT/AMENDMENT to 68 Cross MOTION for Summary Judgment ON PLAINTIFFS SECOND CLAIM FOR RELIEF Submitted Pursuant to Order [81, 84] by Plaintiff Pagosans for Public Lands. (Attachments: # 1 Exhibit SLVEC v. USFS, 04cv01071MSK Opinion)(Bartlett, Brad) (Entered: 08/10/2007)
2007-08-1086NOTICE re 81 Order, Set/Reset Hearings,, [Notice of Submission of Case Law re Appraisals and Appraisal Review Reports] by Defendants United States Forest Service, United States Department of Agriculture (Johnson, Michael) (Entered: 08/10/2007)
2007-08-2087NOTICE re 81 Order, Set/Reset Hearings,, [Defendants' Notice of Release of "Appraisal Values" in Appraisals and Appraisal Review Reports] by Defendants United States Forest Service, United States Department of Agriculture (Johnson, Michael) (Entered: 08/20/2007)
2007-08-2188Minute Entry for proceedings held before Judge David L. West : Oral Argument Hearing held on 8/21/2007. Court entered its ruling on the record and requested counsel for the Plaintiff to prepare a proposed findings of fact and recommendation as to the pending motions for summary judgment by the afternoon of August 22, 2007. (jjh, ) (Entered: 08/21/2007)
2007-08-2289REPORT AND RECOMMENDATIONS re: Defendants' Motion for Summary Judgment 56 and Plaintiff's Cross-Motion for Summary Judgment 68 . Recommended that Plaintiff's Cross Motion for Summary Judgment 68 is Granted and Defendants' Motion for Summary Judgment 56 is Denied. Signed by Magistrate Judge David L. West on 08/22/07. (jjh, ) (Entered: 08/27/2007)
2007-09-1190OBJECTION to 89 Report and Recommendations by Defendants United States Forest Service, United States Department of Agriculture. (Johnson, Michael) (Entered: 09/11/2007)
2007-09-1291TRANSCRIPT of Oral Argument Re: Motions for Summary Judgment held on August 21, 2007 before Magistrate Judge West. Pages: 1-54. Prepared by: Adrienne Whitlow. Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital-audio taped record, the courtroom deputy for the judicial officer. (Hoard, Charlotte) (Entered: 09/12/2007)
2007-09-2192NOTICE re 87 Notice (Other), Notice (Other) [Defendants' Notice of Release of Appraisal Values] by Defendants United States Forest Service, United States Department of Agriculture (Johnson, Michael) (Entered: 09/21/2007)
2007-09-2693RESPONSE to Objection to 89 REPORT AND RECOMMENDATIONS re 56 MOTION for Summary Judgment filed by United States Forest Service, United States Department of Agriculture, 68 Cross MOTION for Summary Judgment ON PLAINTIFFS SECOND CLAIM FOR RELIEF filed by Pagosans for PublREPORT AND RECOMMENDATIONS re 56 MOTION for Summary Judgment filed by United States Forest Service, United States Department of Agriculture, 68 Cross MOTION for Summary Judgment ON PLAINTIFFS SECOND CLAIM FOR RELIEF filed by Pagosans for Publ filed by Plaintiff Pagosans for Public Lands. (Attachments: # 1 Exhibit Forest Service's September 19, 2007 Release Letter# 2 Exhibit September 19, 2007 partial release of Appraisal Review Report# 3 Exhibit September 19, 2007 partial release of Appraisal Review Report# 4 Exhibit September 19, 2007 partial release of Appraisal Review Report# 5 Exhibit September 19, 2007 partial release of Appraisal Report# 6 Exhibit September 19, 2007 Partial Release of Appraisal Report Part 1# 7 Exhibit September 19, 2007 Partial Release of Appraisal Report Part 2# 8 Exhibit September 19, 2007 Partial Release of Appraisal Report# 9 Exhibit September 19, 2007 letter from Plaintiffs counsel# 10 Exhibit September 21, 2007 letter from Defendants counsel)(Bartlett, Brad) (Entered: 09/26/2007)
2007-10-1194REPLY to 90 Objection to Report and Recommendations by Defendants United States Forest Service, United States Department of Agriculture. (Johnson, Michael) (Entered: 10/11/2007)
2008-02-2995Unopposed STATUS REPORT by Plaintiff Pagosans for Public Lands. (Bartlett, Brad) (Entered: 02/29/2008)
2008-03-3196ORDER ON MAGISTRATE JUDGE RECOMMENDATIONS: The Magistrate Judge's 44 First Recommendation is ACCEPTED and Plaintiff's 11 Motion for Declaratory Judgment is DENIED. The Magistrate Judge's 89 Second Recommendation is ADOPTED and Defendants' 56 Motion for Summary Judgment and Plaintiff's 68 Cross-Motion for Summary Judgment are DENIED in part and GRANTED in part as discussed in attached order. Signed by Judge John L. Kane on 3/31/08.(sss, ) (Entered: 03/31/2008)
2008-04-0997MOTION For Extension of Time to file motion for costs of litigation, including reasonable attorney fees, for Plaintiff's claims under the Freedom of Information Act by Plaintiff Pagosans for Public Lands. (Attachments: # 1 Proposed Order (PDF Only))(Bartlett, Brad) (Entered: 04/09/2008)
2008-04-1198MINUTE ORDER granting Plaintiff's 97 Unopposed Motion to Extend Time to File a Motion for Litigation Costs, Including Attorney Fees. Plaintiff may file a motion for such costs and fees no later than 4/28/2008, by Judge John L. Kane on 4/11/2008.(sss, ) (Entered: 04/11/2008)
2008-04-2899MOTION for Attorney Fees and Costs Purusant to the Freedom of Information Act by Plaintiff Pagosans for Public Lands. (Attachments: # 1 Exhibit Declaration of William Hodkin, # 2 Exhibit Declaration of Neil Levine, # 3 Exhibit Declaration of Brad Bartlett, # 4 Exhibit Declaration of Travis Stills, # 5 Exhibit Bartlett Timesheet, # 6 Exhibit Stills Timesheet, # 7 Exhibit Itemized Expenses, # 8 Exhibit 2007 FOIA Amendments)(Bartlett, Brad) (Entered: 04/28/2008)
2008-04-29100MINUTE ORDER: Defendants shall file a response to Plaintiff's 99 MOTION for Recovery of Attorney Fees and Costs Purusant to the Freedom of Information Act on or before 5/16/2008; plaintiff shall file a reply no later than 5/29/2008, by Judge John L. Kane on 4/29/08. (sss, ) (Entered: 04/29/2008)
2008-05-16101BRIEF in Opposition re 99 MOTION for Attorney Fees and Costs Purusant to the Freedom of Information Act filed by Defendants United States Forest Service, United States Department of Agriculture. (Attachments: # 1 Exhibit Zarcon, Inc. v. NLRB)(Johnson, Michael) (Entered: 05/16/2008)
2008-05-29102NOTICE OF APPEAL as to 96 Order on Report and Recommendations, Order on Motion for Summary Judgment,,, Order on Motion for Judgment on the Pleadings,,,,, by Defendants United States Forest Service, United States Department of Agriculture (Johnson, Michael) (Entered: 05/29/2008)
2008-05-29103REPLY to Response to Motion re 99 MOTION for Attorney Fees and Costs Purusant to the Freedom of Information Act filed by Plaintiff Pagosans for Public Lands. (Attachments: # 1 Exhibit Second Bartlett Timesheet, # 2 Exhibit Second Stills Timesheet)(Bartlett, Brad) (Entered: 05/29/2008)
2008-05-30104LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 102 Notice of Appeal, filed by United States Forest Service, United States Department of Agriculture to the U.S. Court of Appeals. (USA Appellant; No fee required) (Attachments: # 1 Docket Sheet, # 2 Preliminary Record including Notice of Appeal)(bjr2, ) (Entered: 05/30/2008)
2008-05-30105USCA Case Number 08-1203 for 102 Notice of Appeal, filed by United States Forest Service, United States Department of Agriculture. (bjr2, ) (Entered: 05/30/2008)
2008-06-13106TRANSCRIPT ORDER FORM re 102 Notice of Appeal, by Defendants United States Forest Service, United States Department of Agriculture (Johnson, Michael) (Entered: 06/13/2008)
2008-06-16107TRANSCRIPT ORDER FORM re 102 Notice of Appeal, (Amended) by Defendants United States Forest Service, United States Department of Agriculture (Johnson, Michael) (Entered: 06/16/2008)
2008-06-17108LETTER TO USCA and all counsel certifying the record is complete as to 102 Notice of Appeal, filed by United States Forest Service, United States Department of Agriculture. ( Appeal No. 08-1203) (bjr2, ) (Entered: 06/17/2008)
2008-08-06109NOTICE of Settlement by Defendants United States Forest Service, United States Department of Agriculture (Johnson, Michael) (Entered: 08/06/2008)
2008-08-26110Joint MOTION to Dismiss with Prejudice by Plaintiff Pagosans for Public Lands. (Attachments: # 1 Exhibit Defendants' Settlement Letter, # 2 Exhibit Plaintiff's Settlement Letter)(Stills, Travis) (Entered: 08/26/2008)
2008-08-26111MANDATE of USCA as to 102 Notice of Appeal, filed by United States Forest Service, United States Department of Agriculture : In accordance with 10th Cir. R. 33.1 and upon consideration of the stipulation of the parties to voluntarily dismiss the appeal, the appeal is dismissed. Each party shall bear their own costs on appeal. (USCA Case No. 08-1203) (Attachments: # 1 USCA Order)(bjr, ) (Entered: 08/27/2008)
2008-08-27112ORDER granting Plaintiff's 110 Stipulated Motion to Dismiss. This case is dismissed with prejudice. Signed by Judge John L. Kane on 8/27/2008.(sss, ) (Entered: 08/27/2008)
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