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Case TitleCONSERVATION FORCE v. JEWELL et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2012cv01665
Date Filed2012-10-04
Date Closed2015-04-07
JudgeJudge Ketanji Brown Jackson
PlaintiffCONSERVATION FORCE
DefendantKENNETH LEE SALAZAR Secretary of the U.S. Department of the Interior, in his official capacity
DefendantUNITED STATES DEPARTMENT OF THE INTERIOR
DefendantDANIEL M. ASHE Director of the U.S. Fish and Wildlife Service, in his official capacity
DefendantU.S. FISH AND WILDLIFE SERVICE
DefendantHILARY TOMPKINS Solicitor for the U.S. Department of the Interior
DefendantOFFICE OF THE SOLICITOR
AppealD.C. Circuit 15-5131
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [25]
FOIA Project Annotation: Judge Ketanji Brown Jackson ruled that the U.S. Fish and Wildlife Service had shown that its attorney-client privilege claims are appropriate under Exemption 5 (privileges), but that it had so far failed to sufficiently justify its invocation of the deliberative process privilege and the attorney work-product privilege. The case involved the third time the Conservation Force had sued the agency to challenge its denial of permits under the Endangered Species Act to import hunting trophies of Canadian wood bison. After the agency failed to rule on permit applications submitted by Conservation Force, the organization sued. The agency then denied the application and the organization sued again, claiming the agency's action was arbitrary and capricious under the APA. This second suit resulted in a partial victory by Conservation Force when Judge John Bates found the agency had failed to articulate a satisfactory reason for denying the permits despite overwhelming scientific evidence supporting the grant of a permit. Instead, the evidence suggested the denial was not based on policy grounds but on the influence of a government attorney-advisor who strongly disagreed with granting the permit. This suggestion led to Conservation Force's third suit to challenge the agency's denial of various records pertaining to the wood bison decision that the agency considered privileged. First rejecting the agency's deliberative process privilege claims, Jackson explained that the agency had apparently placed too much emphasis on whether documents were referred to as drafts. Instead, she noted that "notwithstanding its status as a 'draft,' a document that does not reflect the genuine evolution of an agency's decisionmaking process and instead merely recites 'factual information which does not bear on policy information,' is not entitled to protection under the deliberative process privilege." She pointed out that "Defendants have provided little if any information regarding the role of the document's author with respect to the agency's decisionmaking process, or that of the recipient of the document, or how, if at all, the document impacted the agency's deliberations. A document's context is the sine qua non of the court's assessment of whether or not the document is predecisional and deliberative." But Jackson found the agency had adequately supported its attorney-client privilege claims. She observed that "Defendants have ably demonstrated that (1) the listed documents were communications between agency employees and agency counsel, (2) the communications pertained to legal advice or litigation, and (3) the content of the communications was kept confidential, which is all that proper invocation of the attorney-client privilege in the context of FOIA Exemption 5 requires." Conservation Force argued the claims fell within the crime-fraud exception because of the agency's alleged failure to explain in the previous litigation the basis for its decision. But Jackson noted this was not the point of FOIA. Instead, she indicated that "it is also clear that the statutorily-prescribed remedy for the underlying problem of improper agency decision making�"including the improper decision to allow politics to overshadow scientific evidence�"is judicial review and a remand to the agency for a more appropriately-reasoned decision, not criminal charges, fines, or penalties." She then rejected the agency's attorney work-product claim, pointing out that "the fact that Defendants were engaged in litigation regarding the wood bison permits at the heart of this FOIA request�"it is entirely conceivable that the work product-related documents have been appropriately withheld, but Defendants' failure to identify with specificity whether or not each document was prepared for the purpose of litigation in the index itself, or to explain whether the redactions pertain to legal strategy and not merely factual matters that would have been presented to an adversary, makes it impossible for the Court to reach the conclusion that Exemption 5 was properly invoked."
Issues: Exemption 5 - Privileges - Attorney work-product privilege compiled in anticipation of litigation, Exemption 5 - Privileges - Attorney-client privilege, Exemption 5 - Privileges - Deliberative process privilege - Predecisional, Exemption 5 - Privileges - Deliberative process privilege - Deliberative
Opinion/Order [49]
FOIA Project Annotation: Judge Ketanji Brown Jackson has ruled that Conservation Force is not entitled to attorney's fees for its suit against the Interior Department because it did not substantially prevail. Conservation Force, a nonprofit wildlife-conservation foundation, sued the U.S. Fish and Wildlife Service to obtain records concerning the agency's denial of its application to import wood bison trophies from Canada, where they had been legally shot by four American hunters. After successfully challenging the denial of its application, Conservation Force submitted a FOIA request for the reasons for the denial of its application. Although there was some back and forth with the agency, Conservation Force filed suit before the agency had responded. After the ligation was filed, FWS disclosed more than 1,000 pages in their entirety and also provided 577 pages with redactions. In her previous ruling, Jackson found the agency had not yet justified Exemption 5 claims and told the agency to either provide a supplemental Vaughn index or disclose the records. The agency provided a supplemental Vaughn index and Jackson ruled its exemption claims were sufficient. Conservation Force then filed for attorney's fees, claiming that it had substantially prevailed because Jackson had ordered the agency to supplement the record. Jackson pointed out that Conservation Force misunderstood the nature of her previous ruling which "merely denied the government's motion for summary judgment in part and without prejudice, on the grounds that some of the claimed exemptions were insufficiently explained to support summary judgment, and the Court permitted Defendants to choose between releasing the content allegedly protected by the insufficiently explained exemptions or submitting a 'supplemental Vaughn Index and/or affidavits or declarations that comply with their obligations under FOIA.'" She added that "if a court order to produce a Vaughn Index, without more, 'does not constitute court-ordered relief for a plaintiff on the merits of its FOIA claim,' then neither does a court's reminder to a defendant that it must either justify its exemptions sufficiently or release the requested documents." Although Conservation Force had not argued the catalyst theory " that its suit caused the agency to disclose the records"Jackson explored that possibility anyway. She noted that "while it is true that Defendants released some documents after Conservation Force filed the complaint as a purely chronological matter, it is also clear beyond cavil that the catalyst method requires more. No averments or other facts in the instant record indicate that Defendants only produced these documents because of Conservation Force's lawsuit or its necessary consequences. . ." Jackson rejected the agency's alternative claim that Conservation Force might be eligible for fees for parts of its litigation in which it succeeded. She noted that "this approach to evaluating eligibility is not based in the statute, which clearly speaks about eligibility to receive fees for cases, not particular pieces of work within a case." She explained, instead, that "the degree to which a plaintiff deserves to recover fees for particular pieces of work is not entirely irrelevant to an attorneys' fees motion; it may certainly factor into the court's ultimate determination of whether the entire amount of fees that the plaintiff claims to have incurred in the case is reasonable."
Issues: Litigation - Attorney's fees - Prevailing party
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2012-10-041COMPLAINT against DANIEL M. ASHE, OFFICE OF THE SOLICITOR, KENNETH SALAZAR, HILARY TOMPKINS, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE ( Filing fee $ 350, receipt number 4616051907) filed by CONSERVATION FORCE. (Attachments: # 1 Civil Cover Sheet)(td, ) (Attachment 1 replaced on 10/11/2012) (td, ). (Entered: 10/11/2012)
2012-10-04SUMMONS (8) Issued as to DANIEL M. ASHE, OFFICE OF THE SOLICITOR, KENNETH SALAZAR, HILARY TOMPKINS, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE, U.S. Attorney and U.S. Attorney General (td, ) (Entered: 10/11/2012)
2012-10-042LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CONSERVATION FORCE identifying Corporate Parent NONE for CONSERVATION FORCE. (td, ) (Entered: 10/11/2012)
2012-10-303RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DANIEL M. ASHE served on 10/22/2012 (Jackson, John) (Entered: 10/30/2012)
2012-10-304RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES FISH AND WILDLIFE SERVICE served on 10/20/2012 (Jackson, John) (Entered: 10/30/2012)
2012-10-305RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KENNETH SALAZAR served on 10/22/2012 (Jackson, John) (Entered: 10/30/2012)
2012-10-306RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/18/2012. (Jackson, John) (Entered: 10/30/2012)
2012-10-307RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/18/2012. Answer due for ALL FEDERAL DEFENDANTS by 11/17/2012. (Jackson, John) (Entered: 10/30/2012)
2012-11-088NOTICE of Appearance by Wyneva Johnson on behalf of All Defendants (Johnson, Wyneva) (Entered: 11/08/2012)
2012-11-199MOTION to Stay re 1 Complaint, (Defendants' Motion for an Administrative Stay of Proceedings to Process Plaintiff's April 16, 2012 FOIA Administrative Complaint "FWS-2012-00734") by DANIEL M. ASHE, OFFICE OF THE SOLICITOR, KENNETH SALAZAR, HILARY TOMPKINS, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE (Attachments: # 1 Affidavit Declaration of Timothy J. Van Norman, # 2 Text of Proposed Order)(Johnson, Wyneva) (Entered: 11/19/2012)
2012-11-2710Memorandum in opposition to re 9 MOTION to Stay re 1 Complaint, (Defendants' Motion for an Administrative Stay of Proceedings to Process Plaintiff's April 16, 2012 FOIA Administrative Complaint "FWS-2012-00734") filed by CONSERVATION FORCE. (Jackson, John) (Entered: 11/27/2012)
2012-12-0311Consent MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition to Defendants' Motion to Stay Proceedings Through January 31, 2013 by DANIEL M. ASHE, OFFICE OF THE SOLICITOR, KENNETH SALAZAR, HILARY TOMPKINS, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 12/03/2012)
2012-12-04MINUTE ORDER granting 11 Motion for Extension of Time to File Response/Reply. For good cause shown, and in light of the parties' consent, it is hereby ORDERED that the motion is GRANTED. The defendants shall file their reply to the plaintiff's opposition on or before December 13, 2012. Signed by Judge Reggie B. Walton on 12/4/2012. (lcrbw2) (Entered: 12/04/2012)
2012-12-04Set/Reset Deadlines: Reply to Opposition due by 12/13/2012. (mpt, ) (Entered: 12/04/2012)
2012-12-1312REPLY to opposition to motion re 9 MOTION to Stay re 1 Complaint, (Defendants' Motion for an Administrative Stay of Proceedings to Process Plaintiff's April 16, 2012 FOIA Administrative Complaint "FWS-2012-00734") Defendants' Reply to Plaintiff's Opposition to Defendants' Motion to Stay Proceedings Through January 31, 2013 filed by DANIEL M. ASHE, OFFICE OF THE SOLICITOR, KENNETH SALAZAR, HILARY TOMPKINS, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Attachments: # 1 Declaration, # 2 Exhibit)(Johnson, Wyneva) (Entered: 12/13/2012)
2013-01-0313ORDER. For the reasons stated in the attached Order, it is ORDERED that the defendants shall show cause in writing on or before January 10, 2013, explaining why the Court should grant them a further extension of time to respond to the plaintiff's request for records under the FOIA. Signed by Judge Reggie B. Walton on 1/3/2013. (lcrbw2) (Entered: 01/03/2013)
2013-01-04Set/Reset Deadline: The defendants shall show cause in writing on or before 1/10/2013, explaining why the Court should grant them a further extension of time to respond to the plaintiff's request for records under the FOIA. (ad) (Entered: 01/04/2013)
2013-01-1014RESPONSE TO ORDER OF THE COURT re 13 Order, filed by DANIEL M. ASHE, OFFICE OF THE SOLICITOR, KENNETH SALAZAR, HILARY TOMPKINS, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Attachments: # 1 Declaration Third Declaration of Timothy J. Van Norman)(Johnson, Wyneva) (Entered: 01/10/2013)
2013-02-0815Joint MOTION for Briefing Schedule by DANIEL M. ASHE, OFFICE OF THE SOLICITOR, KENNETH LEE SALAZAR, HILARY TOMPKINS, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 02/08/2013)
2013-02-19MINUTE ORDER granting 15 Motion for Briefing Schedule. For good cause shown, and in light of the parties' consent, it is hereby ORDERED that the motion is GRANTED. The following brief schedule shall apply: (1) the defendants shall file their motion for summary judgment with Vaughn Index on or before March 12, 2013; (2) the plaintiff shall file its opposition to the defendants' motion for summary judgment and cross-motion for summary judgment on or before April 12, 2013; (3) the defendants shall file their reply to the plaintiff's opposition to the defendants' motion for summary judgment and opposition to the plaintiff's cross-motion for summary judgment on or before May 3, 2013; and (4) the plaintiff shall file its reply to the defendants' opposition to the plaintiff's cross-motion for summary judgment on or before May 24, 2013. It is further ORDERED that the parties shall appear before the Court for a status conference on a date and time to be determined by the Clerk. Signed by Judge Reggie B. Walton on 2/19/2013. (lcrbw2) Modified on 2/19/2013 (ad). (Entered: 02/19/2013)
2013-02-19Set/Reset Deadlines: The defendants shall file their motion for summary judgment with Vaughn Index on or before 3/12/2013; The plaintiff shall file its opposition to the defendants' motion for summary judgment and cross-motion for summary judgment on or before 4/12/2013; The defendants shall file their reply to the plaintiff's opposition to the defendants' motion for summary judgment and opposition to the plaintiff's cross-motion for summary judgment on or before 5/03/2013; The plaintiff shall file its reply to the defendants' opposition to the plaintiff's cross-motion for summary judgment on or before 5/24/2013. (ad) (Entered: 02/19/2013)
2013-02-21Set/Reset Deadlines/Hearings: Motion for Summary Judgment and Vaughn Index due by 3/12/13; Opposition to Summary Judgment Motion and Cross Motion due by 4/12/13; Reply to Summary Judgment Motion and Opposition to Cross Motion due by 5/3/13; Reply to Cross Motion due by 5/24/13. Status Conference set for 8/22/2013 09:00 AM in Courtroom 16 before Judge Reggie B. Walton. (mpt, ) (Entered: 02/21/2013)
2013-03-1316MOTION for Summary Judgment by DANIEL M. ASHE, OFFICE OF THE SOLICITOR, KENNETH LEE SALAZAR, HILARY TOMPKINS, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE (Attachments: # 1 Statement of Facts, # 2 Vaughn Index, # 3 Affidavit Supplemental Declaration of Timothy J. Van Norman, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Text of Proposed Order)(Johnson, Wyneva) (Entered: 03/13/2013)
2013-04-04Case directly reassigned to Judge Ketanji Brown Jackson. Judge Reggie B. Walton no longer assigned to the case. (gt, ) (Entered: 04/04/2013)
2013-04-1217Memorandum in opposition to re 16 MOTION for Summary Judgment filed by CONSERVATION FORCE. (Attachments: # 1 Statement of Facts, # 2 Exhibit 1, # 3 Declaration Teiko Saito, # 4 Declaration of John J. Jackson, III, # 5 Supplement)(jf, ) (Attachment 1 replaced on 4/16/2013) (jf, ). (Additional attachment(s) added on 4/16/2013: # 6 Text of Proposed Order) (jf, ). (Entered: 04/16/2013)
2013-04-1218MOTION for Summary Judgment by CONSERVATION FORCE. (See Docket Entry 17 to view document) (jf, ) (Entered: 04/16/2013)
2013-04-1719NOTICE by CONSERVATION FORCE re 17 Memorandum in Opposition, 18 MOTION for Summary Judgment (Attachments: # 1 Exhibit Exhibit 2 Part 1, # 2 Exhibit Exhibit 2 Part 2)(Jackson, John) (Entered: 04/17/2013)
2013-05-0120Consent MOTION for Leave to File amended Statements of Genuine Issues and Undisputed Material Facts , Consent MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment , 18 MOTION for Summary Judgment by CONSERVATION FORCE (Attachments: # 1 Text of Proposed Order Proposed Order)(Jackson, John) (Entered: 05/01/2013)
2013-05-02MINUTE ORDER granting 20 Consent Motion for Leave to File Amended Statement of Genuine Issues and Undisputed Material Facts and granting 20 Consent Motion for Extension of Time to File Response/Reply re 16 Defendants' MOTION for Summary Judgment and 18 Plaintiff's Cross-MOTION for Summary Judgment. Plaintiff may file an amended Statement of Genuine Issues in Opposition to 16 Defendants' Motion for Summary Judgment and an amended Statement of Undisputed Material Facts in Support of 18 Plaintiff's Cross-Motion for Summary Judgment by 5/7/2013. Reply to dispositive motions and responses to cross-motions due by 5/14/2013. Reply to cross-motions due by 6/4/2013. Signed by Judge Ketanji Brown Jackson on 5/2/2013. (lckbj3) (Entered: 05/02/2013)
2013-05-02Set/Reset Deadlines: Response to Motion for Summary Judgment due by 5/7/2013. (gdf) (Entered: 05/02/2013)
2013-05-0721NOTICE of Plaintiff's Amended Statement of Genuine Issues and Plaintiff's Statement of Material Facts by CONSERVATION FORCE re Order on Motion for Leave to File, Order on Motion for Extension of Time to File Response/Reply, Set/Reset Deadlines,,,,,,,,, (Attachments: # 1 Statement of Facts Plaintiff's Amended Statement of Genuine Issues and Response to Defendants' Statement of Undisputed Material Facts, # 2 Statement of Facts Plaintiff's Statement of Material Facts as to Which There is No Genuine Dispute)re 17 Memorandum in opposition to re 16 MOTION for Summary Judgment (Jackson, John) . (Entered: 05/07/2013)
2013-05-1422REPLY to opposition to motion re 16 MOTION for Summary Judgment filed by DANIEL M. ASHE, OFFICE OF THE SOLICITOR, KENNETH LEE SALAZAR, HILARY TOMPKINS, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 05/14/2013)
2013-05-1423ENTERED IN ERROR.....Memorandum in opposition to re 18 MOTION for Summary Judgment filed by DANIEL M. ASHE, OFFICE OF THE SOLICITOR, KENNETH LEE SALAZAR, HILARY TOMPKINS, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Johnson, Wyneva) Modified on 5/15/2013 (jf, ). (Entered: 05/14/2013)
2013-05-22MINUTE ORDER. The Status Conference previously set for 8/22/2013 at 9:00 AM is hereby VACATED. Signed by Judge Ketanji Brown Jackson on 5/22/2013. (lckbj3) (Entered: 05/22/2013)
2013-06-0424REPLY to opposition to motion re 16 MOTION for Summary Judgment , 18 MOTION for Summary Judgment filed by CONSERVATION FORCE. (Jackson, John) (Entered: 06/04/2013)
2014-08-12MINUTE ORDER. Plaintiff filed this action against Ken Salazar in his capacity as Secretary of the Department of the Interior. It is hereby ORDERED that Sally Jewell is substituted as defendant pursuant to Federal Rule of Civil Procedure 25(d), and the Clerk's Office is directed to change the case caption accordingly. Signed by Judge Ketanji Brown Jackson on 8/12/2014. (lckbj3) (Entered: 08/12/2014)
2014-09-0225MEMORANDUM OPINION granting in part and denying in part Defendants' 16 Motion for Summary Judgment, and denying Plaintiff's 18 Cross Motion for Summary Judgment. See attached Opinion for details. Signed by Judge Ketanji Brown Jackson on 09/02/2014. (lckbj3) (Main Document 25 replaced on 9/3/2014 with corrected signature date) (ztnr, ) (Entered: 09/02/2014)
2014-09-0226ORDER granting in part and denying in part Defendants' 16 Motion for Summary Judgment, and denying Plaintiff's 18 Cross Motion for Summary Judgment. See attached Order for details. Signed by Judge Ketanji Brown Jackson on 09/02/2014. (lckbj3) (Entered: 09/02/2014)
2014-09-03Set/Reset Deadlines: Summary Judgment motions with respect to the supplemental materials due by 11/3/2014. Response to Motion for Summary Judgment due by 11/20/2014. Reply to Motion for Summary Judgment due by 12/1/2014. (gdf) (Entered: 09/03/2014)
2014-09-1527ENTERED IN ERROR. . . . .MOTION for Attorney Fees and Costs with Memorandum of Points and Authorities by CONSERVATION FORCE (Attachments: # 1 Index of Attachments, # 2 Exhibit J. Jackson Timesheet, # 3 Exhibit J. Jackson Prof. Background, # 4 Exhibit W. Goforth Timesheet, # 5 Exhibit W. Goforth Resume, # 6 Exhibit S. Coulter Timesheet, # 7 Exhibit S. Coulter Resume, # 8 Exhibit Filing Fee Receipt, # 9 Affidavit J. Jackson Sworn Aff, # 10 Text of Proposed Order)(Jackson, John) Modified on 9/16/2014 (td, ). (Entered: 09/15/2014)
2014-09-1528WITHDRAWN PURSUANT TO MINUTE ORDER FILED ON 10/02/2014.....MOTION for Attorney Fees and Costs by CONSERVATION FORCE (Attachments: # 1 Memorandum in Support, # 2 Exhibit Index of Attachments, # 3 Exhibit J. Jackson Timesheet, # 4 Exhibit J. Jackson Prof Background, # 5 Exhibit W. Goforth Timesheet, # 6 Exhibit W. Goforth Resume, # 7 Exhibit S. Coulter Timesheet, # 8 Exhibit S. Coulter Resume, # 9 Exhibit Filing Fee Receipt, # 10 Affidavit J. Jackson Sworn Aff., # 11 Text of Proposed Order)(Jackson, John) Modified on 10/3/2014 (jf, ). (Entered: 09/15/2014)
2014-09-16NOTICE OF CORRECTED DOCKET ENTRY: re 27 MOTION for Attorney Fees and Costs with Memorandum of Points and Authorities was entered in error and counsel refiled said pleading as docket entry no. 28 . (td, ) (Entered: 09/16/2014)
2014-10-0229Consent MOTION to Withdraw 28 MOTION for Attorney Fees and Costs Without Prejudice by CONSERVATION FORCE (Attachments: # 1 Text of Proposed Order)(Jackson, John) (Entered: 10/02/2014)
2014-10-02MINUTE ORDER granting 29 Motion to Withdraw 28 Motion for Attorney Fees and Costs Without Prejudice. Signed by Judge Ketanji Brown Jackson on 10/2/2014. (lckbj1) (Entered: 10/02/2014)
2014-10-0230NOTICE by DANIEL M. ASHE, OFFICE OF THE SOLICITOR, KENNETH LEE SALAZAR, HILARY TOMPKINS, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE re 25 Memorandum & Opinion, (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Johnson, Wyneva) (Entered: 10/02/2014)
2014-11-11MINUTE ORDER requiring the parties to submit a joint report by 11/18/2014, updating the Court on the status of this matter, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 11/11/2014. (lckbj1) (Entered: 11/11/2014)
2014-11-1731STATUS REPORT (Joint) by DANIEL M. ASHE, OFFICE OF THE SOLICITOR, KENNETH LEE SALAZAR, HILARY TOMPKINS, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Johnson, Wyneva) (Entered: 11/17/2014)
2014-11-19MINUTE ORDER. In light of the representation made in the parties' 31 Joint Status Report, it is hereby ORDERED that this matter is stayed until further order of this Court. It is FURTHER ORDERED that the parties shall file a joint report by December 12, 2014, notifying the Court of the status of settlement, which report shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 11/19/2014. (lckbj1) (Entered: 11/19/2014)
2014-12-1232STATUS REPORT (Joint) by DANIEL M. ASHE, OFFICE OF THE SOLICITOR, KENNETH LEE SALAZAR, HILARY TOMPKINS, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Johnson, Wyneva) (Entered: 12/12/2014)
2014-12-15MINUTE ORDER. In light of the representation made in the parties' 32 Joint Status Report, it is hereby ORDERED that this matter continues to be stayed until further order of this Court. It is FURTHER ORDERED that the parties shall file a joint report by January 26, 2015, notifying the Court of the status of settlement, which report shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 12/15/2014. (lckbj1) (Entered: 12/15/2014)
2015-01-2233STATUS REPORT (JOINT) by DANIEL M. ASHE, OFFICE OF THE SOLICITOR, KENNETH LEE SALAZAR, HILARY TOMPKINS, UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Johnson, Wyneva) (Entered: 01/22/2015)
2015-01-28MINUTE ORDER. In light of the representations made in the parties' 33 Joint Status Report, it is hereby ORDERED that this matter continues to be stayed until further order of this Court. It is FURTHER ORDERED that the parties shall file a joint report by February 27, 2015, notifying the Court of the status of settlement, which report shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 1/28/2015. (lckbj1, ) (Entered: 01/28/2015)
2015-02-2734Joint MOTION for Briefing Schedule by CONSERVATION FORCE (Jackson, John) (Entered: 02/27/2015)
2015-03-03MINUTE ORDER. Status Conference set for 4/7/2015 10:30 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 03/03/15. (lckbj3) (Entered: 03/03/2015)
2015-03-0335MOTION for Leave to Appear by Telephone by CONSERVATION FORCE (Attachments: # 1 Text of Proposed Order)(Jackson, John) (Entered: 03/03/2015)
2015-03-06MINUTE ORDER granting 35 Motion for Leave to Appear by Telephone at 4/7/2015 status hearing. Signed by Judge Ketanji Brown Jackson on 03/06/2015. (lckbj1) (Entered: 03/06/2015)
2015-04-07Minute Entry for proceedings held before Judge Ketanji Brown Jackson: Status Conference held on 4/7/2015. (Court Reporter Barbara DeVico) (zdf) (Entered: 04/07/2015)
2015-04-0736ORDER granting Defendants' motion for summary judgment and dismissing Plaintiff's complaint. Signed by Judge Ketanji Brown Jackson on 04/07/15. (lckbj3) (Entered: 04/07/2015)
2015-04-07ORDER denying as moot 34 Motion for Briefing Schedule. Signed by Judge Ketanji Brown Jackson on 04/07/15. (lckbj3) (Entered: 04/07/2015)
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