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Case TitleRocky Mountain Wild Inc v. United States Forest Service et al
DistrictDistrict of Colorado
CityDenver
Case Number1:2015cv00127
Date Filed2015-01-19
Date Closed2017-02-28
JudgeJudge William J. Martinez
PlaintiffRocky Mountain Wild Inc a Colorado non-profit corporation
Case DescriptionRocky Mountain Wild submitted a FOIA request to the U.S. Forest Service for records about the Village at Wolf Creek Access Project. The agency acknowledged receipt of the request and directed Rocky Mountain Wild to its website for information. The agency also indicated it was processing a large volume of responsive emails. After hearing nothing further from the agency, Rocky Mountain Wild filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Forest Service a federal agency
DefendantUnited States Department of Agriculture a federal agency
AppealTenth Circuit 17-1119
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Opinion/Order [35]
Opinion/Order [53]
FOIA Project Annotation: A federal court in Colorado has ruled that the U.S. Forest Service must widen its search for records responsive to Rocky Mountain Wild's request for records from third parties pertaining to a proposed land swap at Wolf Creek, but has found that the agency's shortcomings so far stem primarily from a misunderstanding between the parties and not because the agency has a pattern or practice of violating FOIA as Rocky Mountain Wild alleged. A private entity known as Leavell-McCombs Joint Venture, which owns a parcel of former Forest Service land near the base of the Wolf Creek Ski Area, proposed a swap of 177 nonfederal acres for 205 federal acres located within the Rio Grande National Forest near the Wolf Creek Ski Area. The agency started work on an environmental impact assessment for the proposed land swap. In February 2014, before the EIS was completed, Rocky Mountain Wild submitted a FOIA request to the Forest Service for communications with third parties regarding the Wolf Creek project. Dissatisfied with the agency's processing of its request, Rocky Mountain Wild filed suit. After the Forest Service published its final EIS in November 2014, Rocky Mountain Wild submitted a second FOIA request and subsequently filed suit. Since that time, the agency had disclosed more than 12,000 pages to Rocky Mountain Wild. Rocky Mountain Wild had also filed suit under the Administrative Procedure Act substantively challenging the agency's EIS. Rocky Mountain Wild argued that its second FOIA request was distinct from its first FOIA request, while the Forest Service contended that under the circumstances it was appropriate to treat the second request as a continuation of the first request. Agreeing that the agency's interpretation was reasonable, the court noted that "if the [second] request had been the first or only request, Rocky Mountain Wild would have an easier time arguing that its literal meaning (much less its liberal meaning) clearly expresses an intent to seek all documents of every type, not just communications or, even more specifically, communications with third parties." But based on the intervening events, the court noted that "the Forest Service unsurprisingly interpreted the [second] request for 'all as-yet undisclosed agency records. . .including communications between [the Forest Service and various third parties]' as an extension of the [first] request's temporal scope, rather than a new request with an independent scope." But the court observed that "nonetheless, when an agency learns that it has misunderstood the scope of a request, it has a duty to adjust its records search accordingly." The court added that "in circumstances where the original request encompasses documents that the agency has never searched (or chooses to withhold) due to a good faith misunderstanding of the request, the agency cannot continue to refuse to search or disclose." The court pointed out that "through an honest misunderstanding, the Forest Service apparently performed a too-narrow records search (i.e., for 'communications' only), and has also chosen to withhold certain records as outside the scope of the search (i.e., intra-agency communications). However, having learned of its misunderstanding, the Forest Service cannot continue to insist on that misapprehension as the proper interpretation of Rocky Mountain Wild's request." As a consequence of the misunderstanding, the court noted that "given that the Forest Service has continued to find additional custodians and documents as this case has progressed, and given FOIA's broad purpose in favor of public access. . .the Court will order the Forest Service to search the individuals and locations named in Rocky Mountain Wild's Specific Requests, both for responsive third-party communications as well as responsive intra-agency communications, and any other responsive record, whether embodied in a communication or not." The court found that most of the agency's exemption claims were appropriate, but indicated it could no longer withhold records because the agency considered them outside the scope of the request. The court pointed out that "if the Forest Service wishes to continue withholding any such document, it must explain its decision in the updated Vaughn index ordered above. Otherwise, it must disclose the document." The court found Rocky Mountain Wild had not shown that the agency had a pattern or practice of delay in responding to its requests. The court observed that "the basic problem is that 'too long' must be judged in the context of the requests submitted. . .Here, Rocky Mountain Wild has produced no evidence that the Forest Service's response time has been repeatedly and intentionally unreasonable in light of the requests received and the scope of documents implicated."
Issues: Search - Reasonableness of search
Opinion/Order [65]
FOIA Project Annotation: A federal court in Colorado has ruled that records generated by a contractor to the Forest Service prepared during preparation of an environmental impact statement for a proposed expansion of the Wolf Creek Ski Area near the Rio Grande National Forest are not agency records because the Forest Service never saw or relied upon them. Rocky Mountain Wild requested records about the ski resort expansion, which involved swapping 177 non-federal acres for 205 federal acres. In his earlier decisions in the case, Judge William Martinez had ruled that the Forest Service's interpretation of the request was too narrow and that it included intra-agency communications. The Forest Service interpreted this to potentially include records generated by third-party contractor Western Ecological. Although its contract with Western Ecological provided the agency with access to records generated under the contract, the Forest Service concluded that records it had never used or seen were not agency records under FOIA. Pointing out that both parties agreed that the D.C. Circuit's decision in Burka v. Dept of Health and Human Services, 87 F. 3d 508 (D.C. Cir. 1996), was on point, Martinez, after reviewing the memorandum of understanding, noted that "although not all of these provisions are directly relevant, the Forest Service certainly claims an ownership interest in Western Ecological's and its subcontractors' work product, and it can do as it pleases with those records." But Martinez found the requirements in Burka that the agency rely upon the records and integrate them into their file system, suggested the Forest Service did not exercise the needed level of control. He pointed out that the fact that the records were not physically maintained by the Forest Service was pertinent to whether the agency had integrated the records into its own filing system. Martinez observed that "this Court certainly believes that ownership is relevant to control. But at present, the Forest Service's ownership amounts to little more than the ability to obtain information, which does not create a duty to obtain information. Weighed against the fact that Forest Service employees have never obtained or even seen the records at issue, the Court finds that the Forest Service does not exercise sufficient 'control' to make those records 'agency records' for FOIA purposes." Rocky Mountain Wild claimed that a provision added by the 2007 OPEN Government Act requiring access to agency records maintained by a contractor for records management purposes did not apply here. Martinez noted that "it cannot fairly be said that Western Ecological was hired for records management. The primary purpose of the contract was to prepare the EIS itself; document management was only one of many subsidiary tasks related to that purpose. In any event, even if Western Ecological could be deemed to have managed the Forest Service's records. . .that subparagraph would still only extend to whatever documents the Forest Service sent to Western Ecological, not to documents Western Ecological generated and kept for itself."
Issues: Agency Record - Constructive possession
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-01-191COMPLAINT against Department of Agriculture, U.S. Forest Service (Filing fee $ 400,Receipt Number 1082-4229875) filed by Rocky Mountain Wild, Inc. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Notice of Related Case)(Sandler, Matthew) (Entered: 01/19/2015)
2015-01-192Case assigned to Judge Wiley Y. Daniel and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry. (jofox ) (Entered: 01/20/2015)
2015-01-203SUMMONS issued by Clerk. Magistrate Judge Consent form issued pursuant to Local Rule. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Magistrate Judge Consent Form) (jofox ) (Entered: 01/20/2015)
2015-01-214MEMORANDUM RETURNING CASE for Reassignment by Judge Wiley Y. Daniel. (rkeec) (Entered: 01/21/2015)
2015-01-215MEMORANDUM RETURNING CASE for Reassignment by Judge Wiley Y. Daniel. (rkeec) (Entered: 01/21/2015)
2015-01-216CASE REASSIGNED pursuant to 5 Memorandum Returning Case. This case is reassigned to Judge William J. Martinez. All future pleadings should be designated as 15-cv-00127-WYD-CBS. (Text Only Entry) (rkeec) (Entered: 01/21/2015)
2015-01-277ORDER REFERRING CASE to Magistrate Judge Craig B. Shaffer. Magistrate Judge Shaffer is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiff's counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 30 days from the date of this Referral Order, in order for the initial scheduling conference to be held promptly. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 01/27/2015. Text Only Entry (wjmsec, ) (Entered: 01/27/2015)
2015-02-088MINUTE ORDER setting a Scheduling Conference on 4/22/2015 at 10:00 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. ORDERED that parties shall adhere to the deadlines and instructions as set forth in Preparation for Rule 16(b) Scheduling Conference , located on the court's website under "Judicial Officers." Text Only Entry by Magistrate Judge Craig B. Shaffer on 2/8/15. (cbssec) (Entered: 02/08/2015)
2015-02-109Proof of Service of Summons and Complaint by Plaintiff Rocky Mountain Wild Inc. (Attachments: # 1 Certified Mail Receipts)(Sandler, Matthew) Modified event title on 2/10/2015 (alowe). (Entered: 02/10/2015)
2015-02-1710NOTICE of Entry of Appearance by Zeyen Julian Wu on behalf of United States Department of Agriculture, United States Forest Service. (Wu, Zeyen) (Entered: 02/17/2015)
2015-02-2011MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendants United States Department of Agriculture, United States Forest Service. (Attachments: # 1 Exhibit, # 2 Exhibit)(Wu, Zeyen) (Entered: 02/20/2015)
2015-02-2312MEMORANDUM regarding 11 MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, filed by United States Forest Service, United States Department of Agriculture. Motion referred to Magistrate Judge Craig B. Shaffer by Judge William J. Martinez on 02/23/2015. Text Only Entry (wjmsec, ) (Entered: 02/23/2015)
2015-02-2313ORDER granting, over Plaintiff's objection, 11 Motion for Extension of Time to Answer. Defendants shall answer the Complaint on or before March 9, 2015. By Magistrate Judge Craig B. Shaffer on 02/23/2015. Text Only Entry (cbslc1) (Entered: 02/23/2015)
2015-03-0914ANSWER to 1 Complaint, by United States Department of Agriculture, United States Forest Service.(Wu, Zeyen) (Entered: 03/09/2015)
2015-04-1415Proposed Scheduling Order by Plaintiff Rocky Mountain Wild Inc, Defendants United States Department of Agriculture, United States Forest Service. (Stills, Travis) Modified filers on 4/15/2015 (alowe). (Entered: 04/14/2015)
2015-04-2016Unopposed MOTION for Leave to Appear Telephonically by Plaintiff Rocky Mountain Wild Inc. (Stills, Travis) (Entered: 04/20/2015)
2015-04-2017MEMORANDUM regarding 16 Unopposed MOTION for Leave to Appear Telephonically filed by Rocky Mountain Wild Inc. Motion referred to Magistrate Judge Craig B. Shaffer by Judge William J. Martinez on 04/20/2015. Text Only Entry (wjmsec, ) (Entered: 04/20/2015)
2015-04-2018ORDER granting Plaintiff's 16 Motion for Leave to Appear Telephonically at the Scheduling Conference on April 22, 2015. Mr. Stills shall dial 303.844.2117 at the scheduled time. Text Only Entry by Magistrate Judge Craig B. Shaffer on 4/20/15. (cbssec) (Entered: 04/20/2015)
2015-04-2019MOTION for Judgment on the Pleadings by Plaintiff Rocky Mountain Wild Inc. (Sandler, Matthew) (Entered: 04/20/2015)
2015-04-2220COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Scheduling Conference held on 4/22/2015. Dispositive Motions due by 8/15/2015. FTR: Courtroom A-402. (amont) (Entered: 04/22/2015)
2015-04-2221SCHEDULING ORDER: by Magistrate Judge Craig B. Shaffer on 4/22/15. (amont) (Entered: 04/22/2015)
2015-05-0622MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Judgment on the Pleadings by Defendants United States Department of Agriculture, United States Forest Service. (Attachments: # 1 Exhibit Scheduling Conf. Transcript)(Wu, Zeyen) (Entered: 05/06/2015)
2015-05-0623MEMORANDUM regarding 22 MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Judgment on the Pleadings filed by United States Forest Service, United States Department of Agriculture. Motion referred to Magistrate Judge Craig B. Shaffer by Judge William J. Martinez on 05/06/2015. Text Only Entry (wjmsec, ) (Entered: 05/06/2015)
2015-05-0724ORDER setting hearing on 22 MOTION for Extension of Time to Respond to Plaintiff's 19 MOTION for Judgment on the Pleadings. ORDERED that a Telephone Motion Hearing will be held on 5/13/2015 at 10:00 AM before Magistrate Judge Craig B. Shaffer. Counsel shall first initiate a conference call among themselves before contacting the court (303.844.2117) at the scheduled time. Text Only Entry by Magistrate Judge Craig B. Shaffer on 5/7/15. (cbssec) (Entered: 05/07/2015)
2015-05-0825ORDER resetting hearing time pursuant to an unopposed telephonic request by counsel. ORDERED that the 5/13/15 hearing on 22 MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Judgment on the Pleadings will begin at 8:30 AM before Magistrate Judge Craig B. Shaffer. Counsel shall first initiate a conference call among themselves before contacting the court (303.844.2117) at the scheduled time. Text Only Entry by Magistrate Judge Craig B. Shaffer on 5/8/15. (cbssec) (Entered: 05/08/2015)
2015-05-1226RESPONSE to 22 MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Judgment on the Pleadings filed by Plaintiff Rocky Mountain Wild Inc. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Stills, Travis) (Entered: 05/12/2015)
2015-05-1327COURTROOM MINUTES.MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Telephonic Motion Hearing held on 5/13/2015. Denying 22 Motion for Extension of Time to File Response/Reply. FTR: Courtroom A-402. (amont, ) (Entered: 05/13/2015)
2015-05-1428RESPONSE to 19 MOTION for Judgment on the Pleadings filed by Defendants United States Department of Agriculture, United States Forest Service. (Wu, Zeyen) (Entered: 05/14/2015)
2015-05-2029MOTION to Amend/Correct/Modify 21 Scheduling Order by Defendants United States Department of Agriculture, United States Forest Service. (Wu, Zeyen) (Entered: 05/20/2015)
2015-05-2030MEMORANDUM regarding 29 MOTION to Amend/Correct/Modify 21 Scheduling Order filed by United States Forest Service, United States Department of Agriculture. Motion referred to Magistrate Judge Craig B. Shaffer by Judge William J. Martinez on 05/20/2015. Text Only Entry (wjmsec, ) (Entered: 05/20/2015)
2015-05-2131REPLY to Response to 19 MOTION for Judgment on the Pleadings filed by Plaintiff Rocky Mountain Wild Inc. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Stills, Travis) (Entered: 05/21/2015)
2015-05-2132ORDER setting hearing on 29 MOTION to Modify 21 Scheduling Order. ORDERED that a Telephone Motion Hearing will be held on 5/26/2015 at 3:00 PM before Magistrate Judge Craig B. Shaffer. Counsel shall first initiate a conference call among themselves before contacting the court (303.844.2117) at the scheduled time. Text Only Entry by Magistrate Judge Craig B. Shaffer on 5/21/15. (cbssec) (Entered: 05/21/2015)
2015-05-2133TRANSCRIPT of Scheduling Conference held on April 22, 2015 before Magistrate Judge Shaffer. Pages: 1-24. 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. (Avery Woods Reporting, ) (Entered: 05/21/2015)
2015-05-2234RESPONSE to 29 MOTION to Amend/Correct/Modify 21 Scheduling Order filed by Plaintiff Rocky Mountain Wild Inc. (Attachments: # 1 Exhibit Email RE_draft SO_April 20, # 2 Exhibit Minute Order re Contempt Hearing, # 3 Exhibit Email RE_draft SO_April 14)(Sandler, Matthew) (Entered: 05/22/2015)
2015-05-2635COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Telephonic Motion Hearing held on 5/26/2015. Granting in part and denying in part 29 Motion to Amend/Correct/Modify. The defendant shall produce documents by this Friday, May 29, 2015 at 5:00 p.m. and shall produce documents every Friday thereafter. FTR: Courtroom A-402. (amont, ) (Entered: 05/26/2015)
2015-08-1436MOTION for Summary Judgment by Defendants United States Department of Agriculture, United States Forest Service. (Attachments: # 1 Exhibit 1 Declaration of Harald Fuller-Bennett, # 2 Exhibit 2 Plaintiff's FOIA Request, # 3 Exhibit 3 Interim Release, # 4 Exhibit 4 Interim Release, # 5 Exhibit 5 Interim Release, # 6 Exhibit 6 Interim Release, # 7 Exhibit 7 Interim Release, # 8 Exhibit 8 Interim Release, # 9 Exhibit 9 Vaughn Index, # 10 Exhibit 10 MOU, # 11 Exhibit 11 Declaration of Guy Blackwolf, # 12 Exhibit 12 Forest Service Initial Resp., # 13 Exhibit 13 Final Release)(Wu, Zeyen) (Entered: 08/14/2015)
2015-09-1837RESPONSE to 36 MOTION for Summary Judgment filed by Plaintiff Rocky Mountain Wild Inc. (Attachments: # 1 Exhibit Objection Extension Request, # 2 Exhibit Administrative Objection, # 3 Exhibit February FOIA Request, # 4 Exhibit List of Preparers, # 5 Exhibit Project Contact Information, # 6 Exhibit FWS Communications, # 7 Exhibit Washington Office Communications, # 8 Exhibit Regional Office Communications, # 9 Exhibit Attorney/Client Communications, # 10 Exhibit FOIA Avoidance Email, # 11 Exhibit Mueller Declaration, # 12 Exhibit Jason Marks Communications, # 13 Exhibit Consultation and Coordination list)(Sandler, Matthew) (Entered: 09/18/2015)
2015-09-1838MOTION for Summary Judgment incorporating exhibits from Response to Defendants' Motion for Summary Judgment by Plaintiff Rocky Mountain Wild Inc. (Sandler, Matthew) (Entered: 09/18/2015)
2015-10-0539RESPONSE to 38 MOTION for Summary Judgment incorporating exhibits from Response to Defendants' Motion for Summary Judgment filed by Defendants United States Department of Agriculture, United States Forest Service. (Attachments: # 1 Exhibit 1-A FOIA Request Comparison, # 2 Exhibit 2-A Dallas Decl. from 14-2496, # 3 Exhibit 3-A Gallegos Decl. from 14-2496, # 4 Exhibit 4-A Blackwolf Suppl. Decl. from 14-2496, # 5 Exhibit 5-A Fed. Reg., # 6 Exhibit 6-A Pl. R 26 Initial Disclosure)(Wu, Zeyen) (Entered: 10/05/2015)
2015-10-0540REPLY to Response to 36 MOTION for Summary Judgment filed by Defendants United States Department of Agriculture, United States Forest Service. (Attachments: # 1 Exhibit)(Wu, Zeyen) (Entered: 10/05/2015)
2015-10-2141ORDER: This matter is before the Court sua sponte . The Court notes that the Government's 40 Reply to Response to Defendants' Motion for Summary Judgment states that the Government intends to perform additional records searches. Through e-mail correspondence with counsel for the parties, the Court has learned that the Government may be making additional voluntary disclosures that the Government believes will moot some of the contested issues in the parties' pending cross-motions for summary judgment. To avoid unduly delaying resolution of the parties' cross-motions, the parties are ORDERED, no later than October 28, 2015 , to confer and, if possible, jointly develop a schedule for the Government to conclude its additional searches and for the parties to file supplemental summary judgment briefs. The parties are further ORDERED, no later than October 30, 2015 , to move to amend the scheduling order, setting forth the jointly agreed proposed schedule, or if no agreement is possible, each party's respective position. (The Court recognizes that certain of Plaintiff's claims rest on the Government's alleged serial failure to timely respond to FOIA requests. By working with the Government to develop a joint proposed amendment to the scheduling order, Plaintiff does not waive any such claim.) This Order does not affect Plaintiff's deadline for filing a reply in support of its 38 cross-motion for summary judgment. SO ORDERED. by Judge William J. Martinez on 10/21/2015. Text Only Entry (wjmlc1, ) (Entered: 10/21/2015)
2015-10-2242REPLY to Response to 38 MOTION for Summary Judgment incorporating exhibits from Response to Defendants' Motion for Summary Judgment filed by Plaintiff Rocky Mountain Wild Inc. (Attachments: # 1 Exhibit 14 - Administrative Record Index, # 2 Exhibit 15 - Defendants' Rule 26 Disclosure)(Sandler, Matthew) (Entered: 10/22/2015)
2015-10-3043MOTION to Amend/Correct/Modify 21 Scheduling Order by Plaintiff Rocky Mountain Wild Inc. (Attachments: # 1 Proposed Order (PDF Only) Scheduling)(Sandler, Matthew) (Entered: 10/30/2015)
2015-10-3044RESPONSE to 43 MOTION to Amend/Correct/Modify 21 Scheduling Order filed by Defendants United States Department of Agriculture, United States Forest Service. (Attachments: # 1 Exhibit Defs.' Motion for Extension of Time in 14-2496)(Wu, Zeyen) (Entered: 10/30/2015)
2015-11-0245ORDER: This matter is before the Court on the parties' 43 , 44 Motion to Amend the Scheduling Order. The Court is displeased with the parties' evident failure to meaningfully confer. In any event, the parties' major dispute appears to be whether the Government must separately re-produce a subset of the documents it is already required to produce to Plaintiff by November 30, 2015 in the APA case (15-cv-1342-WYD). Plaintiff fails to justify placing such a burden on the Government. Accordingly, the Scheduling Order is MODIFIED as follows:  1. On or before November 30, 2015 , the Government shall produce all remaining documents, and this production may be the same production it makes in the APA case;  2. On or before December 10, 2015 , the Government shall file (a) a supplemental summary judgment brief describing the process and extent of its most recent document searches, and explaining what issues have been mooted by the November 30 production, and (b) a revised Vaughn index formatted or annotated such that it is immediately apparent which documents had previously been withheld or redacted but have now been produced in full; and  3. On or before December 21, 2015 , Plaintiff shall file its response to the Government's supplemental summary judgment brief, at which point the Court will deem the parties' various motions ripe for decision. SO ORDERED. by Judge William J. Martinez on 11/02/2015. Text Only Entry(wjmlc1, ) (Entered: 11/02/2015)
2015-12-1046Supplemental to 36 MOTION for Summary Judgment by Defendants United States Department of Agriculture, United States Forest Service. (Attachments: # 1 Exhibit 1 Declaration of Lynne Hagen, # 2 Exhibit 2 14-2496 Status Report, # 3 Exhibit 3 Letter to Counsel, # 4 Exhibit 4 David Loomis E-mail, # 5 Exhibit 5 Revised Vaughn Index, # 6 Exhibit 6 New Vaughn Index)(Wu, Zeyen) Modified to add text and docket relationship on 12/11/2015 (cthom, ). (Entered: 12/10/2015)
2015-12-1647First MOTION for Extension of Time to File Response/Reply as to 36 MOTION for Summary Judgment [Dkt 46] Supplement by Plaintiff Rocky Mountain Wild Inc. (Sandler, Matthew) (Entered: 12/16/2015)
2015-12-1748MEMORANDUM regarding 47 First MOTION for Extension of Time to File Response/Reply as to 36 MOTION for Summary Judgment [Dkt 46] Supplement filed by Rocky Mountain Wild Inc. Motions referred to Magistrate Judge Craig B. Shaffer by Judge William J. Martinez on 12/17/2015. Text Only Entry (wjmsec, ) (Entered: 12/17/2015)
2015-12-1749ORDER granting Plaintiff's 47 Motion for Extension of Time to File Response to Rocky Mountain Wild, Inc.'s 46 Supplement to 36 Motion for Summary Judgment up to and including 1/7/2016. Text Only Entry by Magistrate Judge Craig B. Shaffer on 12/17/15. (cbssec) (Entered: 12/17/2015)
2016-01-0750RESPONSE to 46 Supplemental MOTION for Summary Judgment filed by Plaintiff Rocky Mountain Wild Inc. (Attachments: # 1 Exhibit 16 Examples of agency phone calls with proponent, # 2 Exhibit 17 Key Events, # 3 Exhibit 18 Undersecretary Sherman, # 4 Exhibit 19 delete emails, # 5 Exhibit 20 Personal Email Use, # 6 Exhibit 21 APA Declaration of Blackwolf, # 7 Exhibit 22 Improper ACP)(Stills, Travis) (Entered: 01/07/2016)
2016-01-2551MOTION for Leave to File Reply to 50 Response to Motion, by Defendants United States Department of Agriculture, United States Forest Service. (Attachments: # 1 Exhibit 1 Proposed Reply)(Wu, Zeyen) (Entered: 01/25/2016)
2016-01-2652ORDER: Before the Court is Defendants' 51 Motion for Leave to Submit Reply to Plaintiff's Response to Defendants' Supplemental Motion for Summary Judgment. The Motion is DENIED. No further briefing is necessary, nor would it be helpful. SO ORDERED. by Judge William J. Martinez on 01/26/2016. Text Only Entry(wjmlc1, ) (Entered: 01/26/2016)
2016-01-2953ORDER denying as moot 19 Motion for Judgment on the Pleadings; granting in part and denying in part 36 and 38 Motions for Summary Judgment as indicated in the attached Order. Status Report due by 4/25/2016. By Judge William J. Martinez on 01/29/2016. (athom, ) (Entered: 01/29/2016)
2016-03-2954MOTION for Extension of Time to Comply with Court's January 29, 2016 Order by Defendants United States Department of Agriculture, United States Forest Service. (Wu, Zeyen) (Entered: 03/29/2016)
2016-03-2955ORDER: Before the Court is Defendants' 54 Motion for Extension of Time. The motion is GRANTED for good cause shown. With respect to: (1) additional documents responsive to Plaintiff's FOIA request (other than draft versions of the EIS and/or ROD), (2) a Vaughn index specific to those additional documents, and (3) a supplemented version of the Vaughn index filed at ECF No. 46-5, Defendants' production deadline is extended to April 1, 2016 . With respect to draft versions of the EIS and/or ROD, Defendants' production deadline is extended to April 18, 2016 . The deadline for counsel to meet and confer in person is extended to May 3, 2016 . The deadline to file a joint status report is extended to May 13, 2016 . NO FURTHER EXTENSIONS OF THESE DEADLINES WILL BE GRANTED. SO ORDERED by Judge William J. Martinez on 03/29/2016. Text Only Entry(wjmlc1) (Entered: 03/29/2016)
2016-04-0156STATUS REPORT by Defendants United States Department of Agriculture, United States Forest Service. (Attachments: # 1 Exhibit 1 Atty-Client Priv. Index Withheld in Part, # 2 Exhibit 2 Withheld in Full Index, # 3 Exhibit 3 Revised Doc. 46-5 Index, # 4 Exhibit 4 Declaration of Lynne Hagen, # 5 Exhibit 5 Declaration of Jarhid Brown, # 6 Exhibit 6 WO and Under Secretary Communications E-mails)(Wu, Zeyen) (Entered: 04/01/2016)
2016-04-1857STATUS REPORT by Defendants United States Department of Agriculture, United States Forest Service. (Attachments: # 1 Exhibit Revised Attorney Client Vaughn Index, # 2 Exhibit Exemption 6 Index)(Wu, Zeyen) (Entered: 04/18/2016)
2016-04-2158MOTION for Leave to File Motion for Partial Summary Judgment by Defendants United States Department of Agriculture, United States Forest Service. (Attachments: # 1 Exhibit Proposed Motion)(Wu, Zeyen) (Entered: 04/21/2016)
2016-04-2559ORDER: Before the Court is Defendants' 58 Motion for Leave to File Motion for Partial Summary Judgment. Plaintiff shall state its response (to the Motion for Leave, not to the substance of Defendants' proposed summary judgment motion) in Plaintiff's portion of the status report due on or before May 13, 2016. The parties remain obligated to confer in person no later than May 3, 2016. SO ORDERED by Judge William J. Martinez on 04/25/2016. Text Only Entry (wjmlc1) (Entered: 04/25/2016)
2016-05-1360STATUS REPORT by Plaintiff Rocky Mountain Wild Inc. (Sandler, Matthew) (Entered: 05/13/2016)
2016-05-1661ORDER denying as moot 58 Forest Service's Motion for Leave by Judge William J. Martinez on 05/16/2016.(cthom, ) (Entered: 05/16/2016)
2016-05-2062MOTION for Ruling Regarding Third Party Contractor Records by Defendants United States Department of Agriculture, United States Forest Service. (Wu, Zeyen) (Entered: 05/20/2016)
2016-06-1363BRIEF in Opposition to 62 MOTION for Ruling Regarding Third Party Contractor Records filed by Plaintiff Rocky Mountain Wild Inc. (Attachments: # 1 Exhibit, # 2 Exhibit)(Stills, Travis) (Entered: 06/13/2016)
2016-06-2464REPLY to Response to 62 MOTION for Ruling Regarding Third Party Contractor Records filed by Defendants United States Department of Agriculture, United States Forest Service. (Attachments: # 1 Exhibit 1 2007 FOIA Amendments Leg. Hist., # 2 Exhibit 2 IDOA Mem. Op. Apr. 2, 2007)(Wu, Zeyen) (Entered: 06/24/2016)
2017-01-2765ORDER granting 62 Motion for Ruling Regarding Third Party Contractor Records. The parties are ORDERED to file their settlement documents on or before February 28, 2017 . ORDERED by Judge William J. Martinez on 01/27/2017. (cthom, ) (Entered: 01/27/2017)
2017-02-0766NOTICE of Change of Address/Contact Information by Zeyen Julian Wu (Wu, Zeyen) (Entered: 02/07/2017)
2017-02-2767Joint STATUS REPORT by Plaintiff Rocky Mountain Wild Inc. (Sandler, Matthew) (Entered: 02/27/2017)
2017-02-2868FINAL JUDGMENT. re: 67 by clerk on 2/28/2017 (dhans, ) (Entered: 02/28/2017)
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