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Case TitleSan Juan Citizens Alliance, Inc. v. Bureau of Land Management
DistrictDistrict of Colorado
CityDenver
Case Number1:2014cv02784
Date Filed2014-10-10
Date ClosedOpen
JudgeJudge Richard P. Matsch
PlaintiffSan Juan Citizens Alliance, Inc. a Colorado non-profit corporation
Case DescriptionSan Juan Citizens Alliance submitted a FOIA request to the Bureau of Land Management for records concerning the revised resource management/environmental assessment plan for Glade Run Recreation Area. Because the organization wanted the records for use in filing public comments, it requested the agency provide the records within 10 working days. The agency contacted SJCA to explain that responding to its request would take more than a year, although if the agency treated SJCA's request for the revised plan as a separate request, it would take less time. SJCA wanted the agency to provide more details before it agreed, but although there were discussions back and forth, the agency had not responded by the time SJCA filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantBureau of Land Management an agency of the U.S. Department of Interior
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Opinion/Order [5]
Opinion/Order [21]
Opinion/Order [24]
Opinion/Order [25]
Opinion/Order [30]
Opinion/Order [40]
Opinion/Order [41]
Opinion/Order [96]
FOIA Project Annotation: A federal court in Colorado has ruled that while a pattern and practice claim against the Bureau of Land Management may go forward, the antagonism between the agency's Farmington Field Office, which has responsibility over the Glade Run Recreation Area, and the San Juan Citizens Alliance, a citizens advisory group dedicated to protecting the natural environment in the Four Corners Area, was so great that the court concluded that neither parties' conduct could be considered reasonable enough to merit summary judgment. Although the agency disclosed 40,152 pages in response to three FOIA requests submitted in 2014 by SJCA, the public interest group became increasingly impatient with the way the requests were being handled while the agency believed SJCA's demands were often unreasonable. SJCA complained about the way the agency searched for records. The court noted that "in this case neither party's conduct can be determined to have been reasonable. The assumption underlying the FOIA is that the requestor and the agency act cooperatively. That appears to have been the case when the prior lawsuit was settled," but tensions between the two parties deteriorated and became adversarial. The court pointed out that "put simply, each party has the burden of proof showing reasonableness and neither party has met that burden." The court added that "neither party has shown that the opposing party has been more unreasonable. This is a case of equal fault." Having refused to grant summary judgment to either party on the search issues, the court agreed that SJCA's allegation of a pattern and practice claim could go ahead, noting that "there are allegations that the FFO has treated SJCA's requests differently from those made by others and that the office has been influenced by a relationship with industry."
Issues: Search - Reasonableness of search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-10-101COMPLAINT against All Defendants (Filing fee $ 400,Receipt Number 1082-4086934)Attorney Allison N. Melton added to party San Juan Citizens Alliance, Inc.(pty:pla), filed by San Juan Citizens Alliance, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet Civil Cover Sheet Attachment, # 3 Corporate Disclosure Form, # 4 Summons, # 5 Summons, # 6 Summons)(Melton, Allison) (Entered: 10/10/2014)
2014-10-102Case assigned to Magistrate Judge Boyd N. Boland Text Only Entry (dbera, ) (Entered: 10/10/2014)
2014-10-103SUMMONS issued by Clerk. Magistrate Judge Consent Form issued pursuant to Magistrate Judge Pilot Project to Assign Civil Cases to Full Time Magistrate Judges (Attachments: # 1 Summons, # 2 Summons, # 3 Magistrate Judge Consent Form) (dbera, ) (Entered: 10/10/2014)
2014-10-244CERTIFICATE of Mailing/Service by Plaintiff San Juan Citizens Alliance, Inc.. (Attachments: # 1 Certified mail receipts)(Melton, Allison) (Entered: 10/24/2014)
2014-10-275ORDER by Magistrate Judge Boyd N. Boland on 10/27/14 Setting Rule 16(b) Scheduling Conference and Rule 26(f) Planning Meeting. Scheduling Conference set for 2/26/2015 11:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. (nmarb, ) (Main Document 5 replaced on 10/27/2014) (nmarb, ). Modified on 10/27/2014 to replace document with amended document showing correct year of hearing. (nmarb, ). (Entered: 10/27/2014)
2014-10-306NOTICE of Entry of Appearance by Katherine Mesenbring Field on behalf of Bureau of Land ManagementAttorney Katherine Mesenbring Field added to party Bureau of Land Management(pty:dft) (Field, Katherine) (Entered: 10/30/2014)
2014-11-217WITHDRAWN MOTION to Dismiss for Failure to State a Claim by Defendant Bureau of Land Management. (Attachments: # 1 Appendix)(Field, Katherine) (Modified on 1/5/2015 Withdrawn pursuant to the 24 Order)(evana, ). (Entered: 11/21/2014)
2014-11-248MINUTE ORDER by Magistrate Judge Boyd N. Boland on 11/24/14. A Status Conference is set for 12/11/2014 03:00 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. The Status Conference will be vacated upon the filing of a completed Consent Form. (bsimm, ) (Entered: 11/24/2014)
2014-11-249NOTICE of Entry of Appearance by Zeyen Julian Wu on behalf of Bureau of Land ManagementAttorney Zeyen Julian Wu added to party Bureau of Land Management(pty:dft) (Wu, Zeyen) (Entered: 11/24/2014)
2014-11-2810MOTION to Withdraw as Attorney by Defendant Bureau of Land Management. (Field, Katherine) (Entered: 11/28/2014)
2014-12-0111MINUTE ORDER by Magistrate Judge Boyd N. Boland on 12/1/14 re: Motion to Withdraw as Counsel 10 . The Motion is GRANTED. Katherine Mesenbring Field is granted leave to withdraw from representation of defendant and is to be removed from the electronic service. (bsimm, ) (Entered: 12/01/2014)
2014-12-0212CONSENT to Jurisdiction of Magistrate Judge by Plaintiff San Juan Citizens Alliance, Inc.. (Melton, Allison) (Entered: 12/02/2014)
2014-12-0213MINUTE ORDER by Magistrate Judge Boyd N. Boland on 12/2/14. Pursuant to the filing of the Consent Form Pursuant to Pilot Program 12 , IT IS ORDERED that the Status Conference set for 12/11/2014, and the Scheduling Conference set for 2/26/2015, are VACATED. (bsimm, ) (Entered: 12/02/2014)
2014-12-0314CASE REASSIGNED pursuant to 12 Consent to Jurisdiction of Magistrate Judge. Consent not achieved. This case is reassigned to Judge Richard P. Matsch. All future pleadings should be designated as 14-cv-02784-RPM-BNB. (Text Only Entry) (nmarb, ) (Entered: 12/03/2014)
2014-12-1215RESPONSE to 7 MOTION to Dismiss for Failure to State a Claim filed by Plaintiff San Juan Citizens Alliance, Inc.. (Attachments: # 1 Exhibit Exh. A November 21 2014 BLM Letter)(Melton, Allison) (Entered: 12/12/2014)
2014-12-1216WITHDRAWN Partial MOTION for Summary Judgment by Plaintiff San Juan Citizens Alliance, Inc.. (Attachments: # 1 Exhibit Exh. A November 21 2014 BLM Letter, # 2 Proposed Order (PDF Only))(Melton, Allison) (Modified on 1/5/2015 Withdrawn pursuant to the 24 Order)(evana, ). (Entered: 12/12/2014)
2014-12-2217WITHDRAWN MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Dismiss for Failure to State a Claim by Defendant Bureau of Land Management. (Attachments: # 1 Proposed Order (PDF Only))(Wu, Zeyen) (Modified on 1/5/2015 Withdrawn pursuant to the 24 Order)(evana, ). (Entered: 12/22/2014)
2014-12-2218WITHDRAWN MOTION for Extension of Time to File Response/Reply as to 16 Partial MOTION for Summary Judgment by Defendant Bureau of Land Management. (Attachments: # 1 Proposed Order (PDF Only))(Wu, Zeyen)( Modified on 1/5/2015 Withdrawn pursuant to the 24 Order) (evana, ). (Entered: 12/22/2014)
2014-12-2219RESPONSE to 17 MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Dismiss for Failure to State a Claim , 18 MOTION for Extension of Time to File Response/Reply as to 16 Partial MOTION for Summary Judgment filed by Plaintiff San Juan Citizens Alliance, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Stills, Travis) (Entered: 12/22/2014)
2014-12-2320REPLY to Response to 17 MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Dismiss for Failure to State a Claim , 18 MOTION for Extension of Time to File Response/Reply as to 16 Partial MOTION for Summary Judgment filed by Defendant Bureau of Land Management. (Wu, Zeyen) (Entered: 12/23/2014)
2014-12-2421ORDER that on Monday, December 29, 2014, counsel for the parties will be contacted to set a date and time for a hearing on the motions to extend time and Mr. Wu shall inform the United States Attorney John Walsh of the need for this hearing and the need for his personal appearance at the hearing to explain the assignment of this matter within his office, by Judge Richard P. Matsch on 12/24/2014. (evana, ) (Entered: 12/24/2014)
2014-12-2922MINUTE ORDER Pursuant to the Order for Hearing on Defendants Motions to Extend Time 21 , the motions for extension of time Docs. 17 & 18 are set for hearing at 10:30 a.m. on January 7, 2015, in Courtroom A, Second Floor, the Byron White United States Courthouse, 1823 Stout Street, Denver, Colorado, by Judge Richard P. Matsch on 12/29/2014. (evana, ) (Entered: 12/29/2014)
2015-01-0523Joint MOTION to Withdraw Document 7, 16, 17, and 18 , Joint MOTION to Vacate January 7, 2015 Hearing (Doc. 21) by Defendant Bureau of Land Management. (Traskos, Kevin) (Entered: 01/05/2015)
2015-01-0524ORDER Upon review of the expedited joint motion to withdraw several motions Docs. 7 , 16 , 17 , and 18 and vacate the January 7, 2015, hearing 23 , it is ORDERED that the motion is granted. It is FURTHER ORDERED that the Defendant shall file an answer to the Complaint on or before January 21, 2015. The Court will set a scheduling conference upon notice of availability of counsel, by Judge Richard P. Matsch on 1/5/2015.(evana, ) (Entered: 01/05/2015)
2015-01-0825ORDER that a scheduling conference will be held on February 12, 2015, at 10:00 a.m. in the Conference Room, Second Floor, the Byron White United States Courthouse, 1823 Stout Street, Denver, Colorado, by Judge Richard P. Matsch on 1/8/2015. (evana, ) (Entered: 01/08/2015)
2015-01-2026ANSWER to 1 Complaint, by Bureau of Land Management.(Wu, Zeyen) (Entered: 01/20/2015)
2015-01-2127Amended ANSWER to 1 Complaint, by Bureau of Land Management.(Wu, Zeyen) (Entered: 01/21/2015)
2015-02-1228COURTROOM MINUTES for Scheduling Conference held before Judge Richard P. Matsch on 2/12/2015. A conference regarding completing the release of documents by the agency is set for 3/23/2015 at 10:00 AM in Conference Room before Judge Richard P. Matsch. FTR: K. Terasaki. (ebuch) (Entered: 02/12/2015)
2015-03-1829Joint MOTION to Vacate 28 Scheduling Conference,, Set/Reset Hearings, March 23, 2015 Conference by Defendant Bureau of Land Management. (Wu, Zeyen) (Entered: 03/18/2015)
2015-03-1930ORDER granting 29 joint motion to vacate the March 23, 2015 conference, by Judge Richard P. Matsch on 3/19/15. (ktera) (Entered: 03/19/2015)
2015-06-2631NOTICE of Change of Address/Contact Information by Allison N. Melton (Melton, Allison) (Entered: 06/26/2015)
2015-06-2932MOTION for Hearing/Conference by Plaintiff San Juan Citizens Alliance, Inc.. (Melton, Allison) (Entered: 06/29/2015)
2015-07-0133MINUTE ORDER A status conference 32 is set for 11:00 a.m. on July 14, 2015, in Courtroom A, Second Floor, the Byron White United States Courthouse, 1823 Stout Street, Denver, Colorado, by Judge Richard P. Matsch on 7/1/15. (ktera) (Entered: 07/01/2015)
2015-07-1434COURTROOM MINUTES for Status Conference held before Judge Richard P. Matsch on 7/14/2015. On or before July 24, 2015, defendant shall provide to plaintiff a Vaughn index and declarations under pains and penalties of perjury verifying the non-existence of records. On or before August 20, 2015, plaintiff shall file an amended complaint specifically alleging factually claims and a period of time of pattern and practice as set forth on the record. FTR: K. Terasaki. (ebuch) (Entered: 07/14/2015)
2015-08-2035First AMENDED COMPLAINT against Bureau of Land Management, filed by San Juan Citizens Alliance, Inc.. (Attachments: # 1 Exhibit Declaration of Ms. Vigil, # 2 Exhibit Declaration of Ms. Joe)(Melton, Allison) (Entered: 08/20/2015)
2015-09-0836Partial MOTION to Dismiss for Failure to State a Claim on Claims Two and Three Only by Defendant Bureau of Land Management. (Wu, Zeyen) (Entered: 09/08/2015)
2015-09-2937RESPONSE to 36 Partial MOTION to Dismiss for Failure to State a Claim on Claims Two and Three Only filed by Plaintiff San Juan Citizens Alliance, Inc.. (Stills, Travis) (Entered: 09/29/2015)
2015-10-1538REPLY to Response to 36 Partial MOTION to Dismiss for Failure to State a Claim on Claims Two and Three Only filed by Defendant Bureau of Land Management. (Wu, Zeyen) (Entered: 10/15/2015)
2015-11-1039MINUTE ORDER The partial motion to dismiss 36 is set for hearing at 11:00 a.m. on December 3, 2015, in Courtroom A, Second Floor, the Byron White United States Courthouse, 1823 Stout Street, Denver, Colorado, by Judge Richard P. Matsch on 11/10/15. (ktera) (Entered: 11/10/2015)
2015-12-0340MINUTE ENTRY for proceedings held before Senior Judge Richard P. Matsch: Motion Hearing held on 12/3/2015. Denying 36 Motion to Dismiss for Failure to State a Claim. Bureau of Land Management answer due 1/15/2016. Scheduling Conference set for 2/12/2016 10:00 AM in Courtroom A before Judge Richard P. Matsch. FTR: K. Terasaki. (rkeec) (Entered: 12/03/2015)
2015-12-0741ORDER SETTING SCHEDULING CONFERENCE Pursuant to the hearing held on December 3, 2015 40 , a scheduling conference will be held on February 12, 2016, at 10:00 a.m. in the Conference Room, Second Floor, the Byron White United States Courthouse, 1823 Stout Street, Denver, Colorado.. The proposed order (original only) on paper, shall be submitted directly to chambers by 4:00 p.m. on February 4, 2016. The conference is conducted with lead counsel present in person. No parties or representatives of parties will be permitted to attend, by Judge Richard P. Matsch on 12/7/15. (ktera) (Entered: 12/07/2015)
2015-12-1542TRANSCRIPT of Motion Hearing held on December 3, 2015 before Matsch. Pages: 1-29. Prepared by: Federal Reporting Service Inc. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Federal Reporting Service, Inc., ) (Entered: 12/15/2015)
2016-01-1443ANSWER to 35 Amended Complaint by Bureau of Land Management.(Wu, Zeyen) (Entered: 01/14/2016)
2016-02-1244COURTROOM MINUTES for Scheduling Conference held before Judge Richard P. Matsch on 2/12/2016. The Court bifurcates claims 1 and 3. Pattern and practice is delayed at this time and counsel will focus on resolving the February 2014 and beyond FOIA requests and the declarations of Eileen Vigil and Maureen Joe through the taking of depositions. Counsel agree to a cooperative approach and shall tune the email archive searches to the persons being deposed. The Court intends to have an evidentiary hearing after the depositions are taken. Depositions may be reopened if necessary during the pattern and practice phase. FTR: K. Terasaki. (ebuch) (Entered: 02/12/2016)
2016-02-2945TRANSCRIPT of Scheduling Conference held on February 12, 2016 before Matsch. Pages: 1-47. Prepared by: Federal Reporting Service, Inc. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Federal Reporting Service, Inc., ) (Entered: 02/29/2016)
2016-03-0446SCHEDULING ORDER by Judge Richard P. Matsch on 3/4/16. (ktera) (Entered: 03/04/2016)
2016-05-1947MOTION to Amend/Correct/Modify 46 Scheduling Order to Extend Deadline to Produce Responsive Documents by Defendant Bureau of Land Management. (Wu, Zeyen) (Entered: 05/19/2016)
2016-05-1948Exhibits in Support of 47 MOTION to Amend/Correct/Modify 46 Scheduling Order to Extend Deadline to Produce Responsive Documents by Defendant Bureau of Land Management. (Attachments: # 1 Exhibit 2 Defendant's Response, # 2 Exhibit 3 Plaintiff's Reply)(Wu, Zeyen) (Entered: 05/19/2016)
2016-05-2349RESPONSE to 47 MOTION to Amend/Correct/Modify 46 Scheduling Order to Extend Deadline to Produce Responsive Documents filed by Plaintiff San Juan Citizens Alliance, Inc.. (Attachments: # 1 Exhibit)(Stills, Travis) (Entered: 05/23/2016)
2016-05-2550MINUTE ORDER Defendant's Motion to Modify Scheduling Order 47 is set for hearing at 11:30 a.m. on June 9, 2016, in Courtroom A, Second Floor, the Byron White United States Courthouse, 1823 Stout Street, Denver, Colorado, by Judge Richard P. Matsch on 5/25/16. (ktera) (Entered: 05/25/2016)
2016-06-0351REPLY to Response to 47 MOTION to Amend/Correct/Modify 46 Scheduling Order to Extend Deadline to Produce Responsive Documents filed by Defendant Bureau of Land Management. (Wu, Zeyen) (Entered: 06/03/2016)
2016-06-0952MINUTE ENTRY for Motion Hearing held before Judge Richard P. Matsch held on 6/9/2016. Resolving 47 Motion to Modify Scheduling Order. Hearing concluded. FTR: Kathy Terasaki. (kfinn) (Entered: 06/09/2016)
2016-07-2153TRANSCRIPT of Motions Hearing held on June 9, 2016 before Matsch. Pages: 1-31. Prepared by: Federal Reporting Service, Inc. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Federal Reporting Service, Inc., ) (Entered: 07/21/2016)
2016-08-1554NOTICE of Entry of Appearance by Elizabeth Serio on behalf of Bureau of Land ManagementAttorney Elizabeth Serio added to party Bureau of Land Management(pty:dft) (Serio, Elizabeth) (Entered: 08/15/2016)
2016-08-1555MOTION for Protective Order by Defendant Bureau of Land Management. (Attachments: # 1 Exhibit 30(b)(6) Deposition Notice)(Wu, Zeyen) (Entered: 08/15/2016)
2016-08-1656Joint STATUS REPORT by Defendant Bureau of Land Management. (Wu, Zeyen) (Entered: 08/16/2016)
2016-09-0857RESPONSE to 55 MOTION for Protective Order filed by Plaintiff San Juan Citizens Alliance, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Stills, Travis) (Entered: 09/08/2016)
2016-09-1458REPLY to Response to 55 MOTION for Protective Order filed by Defendant Bureau of Land Management. (Serio, Elizabeth) (Entered: 09/14/2016)
2016-12-0759ORDER FOR JOINT STATUS REPORT Counsel will file a joint status report on or before December 20, 2016, identifying the current status of discovery and what issues must be resolved by the Court at a hearing, by Judge Richard P. Matsch on 12/7/16. (ktera) (Entered: 12/07/2016)
2016-12-1960Joint STATUS REPORT by Defendant Bureau of Land Management. (Wu, Zeyen) (Entered: 12/19/2016)
2016-12-1961MOTION to Withdraw as Attorney Elizabeth G. Serio by Defendant Bureau of Land Management. (Attachments: # 1 Proposed Order (PDF Only))(Wu, Zeyen) (Entered: 12/19/2016)
2016-12-2062ORDER Granting 61 Motion to Withdraw as Attorney. Attorney Elizabeth Serio is withdrawn and NEFs terminated, by Judge Richard P. Matsch on 12/20/16. Text Only Entry (ktera) (Entered: 12/20/2016)
2017-01-2563MINUTE ORDER A conference on the Joint Status Report Doc. # 60 is set for 11:00 a.m. on February 10, 2017, in the Conference Room, Second Floor, the Byron White United States Courthouse, 1823 Stout Street, Denver, Colorado, by Judge Richard P. Matsch on 1/25/17. (ktera) (Entered: 01/25/2017)
2017-02-0764NOTICE of Change of Address/Contact Information by Zeyen Julian Wu (Wu, Zeyen) (Entered: 02/07/2017)
2017-02-0765NOTICE of Change of Address/Contact Information by Kevin Thomas Traskos (Traskos, Kevin) (Entered: 02/07/2017)
2017-02-1066COURTROOM MINUTES for Status Conference held before Judge Richard P. Matsch on 2/10/2017. Defendant shall submit a summary judgment motion on or before April 7, 2017, showing its compliance regarding the search. The motion shall be filed electronically and submitted in paper format to chambers. Plaintiff shall respond to the motion, including what it wishes to challenge, on or before May 2, 2017. An evidentiary hearing will be set by chambers via telephone after these documents are reviewed by the Court. FTR: K. Terasaki. (ebuch) (Entered: 02/10/2017)
2017-04-0567TRANSCRIPT of Status Conference held on July 14, 2015 before Matsch. Pages: 1-37. Prepared by: Federal Reporting Service, Inc. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Federal Reporting Service, Inc., ) (Entered: 04/05/2017)
2017-04-0568TRANSCRIPT of Status Conference held on February 10, 2017 before Matsch. Pages: 1-27. Prepared by: Federal Reporting Service, Inc. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Federal Reporting Service, Inc., ) (Entered: 04/05/2017)
2017-04-0669MOTION for Extension of Time to Submit Motion for Summary Judgment by Defendant Bureau of Land Management. (Wu, Zeyen) (Entered: 04/06/2017)
2017-04-0670SUPPLEMENT/AMENDMENT to 69 MOTION for Extension of Time to Submit Motion for Summary Judgment by Defendant Bureau of Land Management. (Wu, Zeyen) (Entered: 04/06/2017)
2017-04-0771ORDER Granting 69 Defendant's motion for extension of time, to and including April 11, 2017, to file a motion for summary judgment and to and including May 8, 2017, for plaintiff to respond, by Judge Richard P. Matsch on 4/7/17. (ktera) (Entered: 04/07/2017)
2017-04-1172MOTION for Summary Judgment by Defendant Bureau of Land Management. (Attachments: # 1 Exhibit 1 Declaration of Eileen Chavez, # 2 Exhibit 2 Declaration of Janelle Alleman, # 3 Exhibit 3 Declaration of Maureen Joe, # 4 Exhibit 4 Declaration of Jeffrey Tafoya, # 5 Exhibit 5 Declaration of Debra Yeager, # 6 Exhibit 6 Declaration of Anthony Irish, # 7 Exhibit 7 Vaughn Index, # 8 Exhibit 8 July 2015 Vigil Declaration, # 9 Exhibit 9 July 2015 Joe Declaration, # 10 Exhibit 10 BLM Instructional Memorandum, # 11 Exhibit 11 Transcript of July 14, 2015 Hearing, # 12 Exhibit 12 Doc 34 Minutes, # 13 Exhibit 13 Glade EA Timeline, # 14 Exhibit 14 Declaration of David Evans, # 15 Exhibit 15 Deposition Transcript of Michael Eisenfeld, # 16 Exhibit E-mail, # 17 Exhibit E-mail, # 18 Exhibit A Exhibits Pt 1 Response Letters, # 19 Exhibit A Exhibits Pt 2, # 20 Exhibit B Exhibits E-mails, # 21 Exhibit C Exhibits Pt 1 E-mails, # 22 Exhibit C Exhibits Pt 2, # 23 Exhibit C Exhibits Pt 3, # 24 Exhibit C Exhibits Pt 4, # 25 Exhibit D Exhibits)(Wu, Zeyen) (Entered: 04/11/2017)
2017-05-0373Unopposed MOTION for Extension of Time to File Response/Reply as to 72 MOTION for Summary Judgment by Plaintiff San Juan Citizens Alliance, Inc.. (Stills, Travis) (Entered: 05/03/2017)
2017-05-0474ORDER Granting 73 plaintiff's motion for extension of time, to and including May 25, 2017, to respond to defendant's motion for summary judgment, by Judge Richard P. Matsch on 5/4/17. (ktera) (Entered: 05/04/2017)
2017-05-2575RESPONSE to 72 MOTION for Summary Judgment and Request for Hearing on FOIA Matters filed by Plaintiff San Juan Citizens Alliance, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Stills, Travis) (Entered: 05/25/2017)
2017-10-2576MINUTE ORDER Oral argument on Defendant's Motion for Summary Judgment Doc. # 72 is set for 2:30 p.m. on November 8, 2017, in Courtroom A, Second Floor, the Byron White United States Courthouse, 1823 Stout Street, Denver, Colorado, by Judge Richard P. Matsch on 10/25/17. (ktera) (Entered: 10/25/2017)
2017-11-0877MINUTE ENTRY for Motion Hearing proceedings held before Judge Richard P. Matsch on 11/8/2017. ORDERED:Plaintiff counsel shall file their notice of interrogatories regarding the existence/non existence of specific categories of documents, by November 29, 2017. Defendants response is due by December 19, 2017. Pleadings shall be signed by counsel. FTR: K. Terasaki. (babia) (Entered: 11/08/2017)
2017-11-2978NOTICE re 77 Motion Hearing,, Terminate Hearings, Discovery Requests by Plaintiff San Juan Citizens Alliance, Inc. (Attachments: # 1 First Set of Written Discovery, # 2 Exhibit)(Stills, Travis) (Entered: 11/29/2017)
2017-12-1579MOTION for Extension of Time to Respond to Plaintiff's Written Discovery Requests by Defendant Bureau of Land Management. (Wu, Zeyen) (Entered: 12/15/2017)
2017-12-2180RESPONSE to 79 MOTION for Extension of Time to Respond to Plaintiff's Written Discovery Requests filed by Plaintiff San Juan Citizens Alliance, Inc.. (Stills, Travis) (Entered: 12/21/2017)
2018-01-0481REPLY to Response to 79 MOTION for Extension of Time to Respond to Plaintiff's Written Discovery Requests filed by Defendant Bureau of Land Management. (Wu, Zeyen) (Entered: 01/04/2018)
2018-01-2982ORDER Upon review of Defendant's motion for extension of time, to and including February 15, 2018, to respond to Plaintiff's discovery requests Doc. 79 , Plaintiff's response Doc. 80 and Defendant's reply Doc. 81 , it is ORDERED that the motion is granted, by Judge Richard P. Matsch on 1/29/2018. (evana, ) (Entered: 01/29/2018)
2018-02-2283NOTICE re 77 Motion Hearing,, Terminate Hearings, of Discovery Response by Plaintiff San Juan Citizens Alliance, Inc. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Stills, Travis) (Entered: 02/22/2018)
2018-02-2684TRANSCRIPT of TRANSCRIPT OF PROCEEDINGS held on 11/8/2017 before Judge Matsch. Pages: 1-58. Prepared by: AB Court Reporting & Video, Inc.. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (AB Court Reporting & Video, Inc., ) (Entered: 02/26/2018)
2018-03-0185NOTICE of Filing of Defendant's Responses to Written Discovery by Defendant Bureau of Land Management (Attachments: # 1 Exhibit 1 Jan. 19, 2018 Objections, # 2 Exhibit 2 Feb. 12, 2018 Final Responses)(Wu, Zeyen) (Entered: 03/01/2018)
2018-03-0186Conventionally Submitted Material : Exhibit 3, 1 CD to 85 Notice of Defendant's Objections to Plaintiff's Written Discovery Requests by Defendant Bureau of Land Management. (Location: Clerk's Office) Text Only Entry (evana, ) (Entered: 03/02/2018)
2018-04-0587ORDER FOR STATUS REPORT On or before April 16, 2018, the plaintiff will file a status report advising its position on how it intends to proceed, by Judge Richard P. Matsch on 4/5/2018. (ktera) (Entered: 04/05/2018)
2018-04-1688STATUS REPORT by Plaintiff San Juan Citizens Alliance, Inc.. (Stills, Travis) (Entered: 04/16/2018)
2018-04-2689Cross MOTION for Partial Summary Judgment by Plaintiff San Juan Citizens Alliance, Inc.. (Attachments: # 1 Chavez Transcript, # 2 Joe Transcript, # 3 Yeager Transcript)(Stills, Travis) (Entered: 04/26/2018)
2018-05-1490MOTION for Leave to File Updated Motion for Summary Judgment by Defendant Bureau of Land Management. (Wu, Zeyen) (Entered: 05/14/2018)
2018-05-1591ORDER In reply to the plaintiff's summary judgment the defendant may include argument and discussion of any documents produced after the November 8, 2017, hearing, to avoid procedural confusion, by Judge Richard P. Matsch on 5/15/2018. (ktera) (Entered: 05/15/2018)
2018-05-1792RESPONSE to 89 Cross MOTION for Partial Summary Judgment filed by Defendant Bureau of Land Management. (Attachments: # 1 Exhibit 1 Deposition Corrections, May 5, 2016, # 2 Exhibit 2 January 2015 E-mail String, # 3 Exhibit 3 Declaration of Janelle Alleman, May 17, 2018, # 4 Exhibit 4 E-mail Releasing Documents)(Wu, Zeyen) (Entered: 05/17/2018)
2018-05-3193REPLY to Response to 89 Cross MOTION for Partial Summary Judgment filed by Plaintiff San Juan Citizens Alliance, Inc.. (Stills, Travis) (Entered: 05/31/2018)
2018-06-1894MINUTE ORDER Oral arguments on the motions for summary judgment Docs. # 72 , # 89 , & # 90 are set for 10:00 a.m. on July 24, 2018, in Courtroom A, Second Floor, the Byron White United States Courthouse, 1823 Stout Street, Denver, Colorado, by Judge Richard P. Matsch on 6/18/2018. (ktera) (Entered: 06/18/2018)
2018-07-2495MINUTE ENTRY for proceedings held before Judge Richard P. Matsch: Motion Hearing held on 7/24/2018. ORDERED: Defendant's Motion for Leave to File Updated Motion for Summary Judgment 90 , Dendant's Motion for Summary Judgment 72 , and Plaintiff's Cross Motion for Summary Judgment 89 , are TAKEN UNDER ADVISEMENT. FTR: Kathy Terasaki (dhans, ) (Entered: 07/24/2018)
2018-08-2996ORDERS ON CROSS-MOTIONS FOR SUMMARY JUDGMENT Defendant's motion for summary judgment Doc. 72 is denied as to claim one and granted with respect to the third claim which is dismissed. Plaintiff's cross-motion for summary judgment Doc. 89 is denied. Defendant's motion for leave to file updated motion for summary judgment Doc. 90 is moot, by Judge Richard P. Matsch on 8/29/2018. (ktera) (Entered: 08/29/2018)
2018-08-2997MINUTE ORDER Pursuant to the Court's Orders on Cross-Motions for Summary Judgment, a status conference is set for 10:30 a.m. on October 10, 2018, in the Conference Room, Second Floor, the Byron White United States Courthouse, 1823 Stout Street, Denver, Colorado, by Judge Richard P. Matsch on 8/29/2018. (ktera) (Entered: 08/29/2018)
2018-10-1098MINUTE ENTRY for Status Conference proceedings held before Judge Richard P. Matsch on 10/10/2018. FTR: K. Terasaki. (babia) (Entered: 10/10/2018)
2018-10-1599Proposed Scheduling Order by Plaintiff San Juan Citizens Alliance, Inc.. (Stills, Travis) (Entered: 10/15/2018)
2018-10-15100ORDER 99 Approving the proposed schedule for litigating Claim 2, by Judge Richard P. Matsch on 10/15/2018. (ktera) (Entered: 10/15/2018)
2018-11-13101Joint MOTION to Amend/Correct/Modify 100 Order, 99 Proposed Scheduling Order by Defendant Bureau of Land Management. (Wu, Zeyen) (Entered: 11/13/2018)
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