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Case TitleBasin and Range Watch v. Bureau Of Land Management et al
DistrictDistrict of Nevada
CityLas Vegas
Case Number2:2016cv00403
Date Filed2016-02-26
Date ClosedOpen
JudgeJudge James C. Mahan
PlaintiffBasin and Range Watch
Case DescriptionBasin and Range Watch submitted two FOIA requests to the Bureau of Land Management. The first request was for a 2015 video showing 115 birds flying into concentrated solar beams and incinerating. The second request was for records concerning the effects of the Crescent Dunes Solar Energy Project on birds. The agency granted Basin and Range Watch a fee waiver. The agency released the video. After months of delay, the agency disclosed 257 pages pertaining to the second request. The agency withheld three pages in full and 15 pages in part under Exemption 4 (confidential business information). Basin and Range Watch appealed the agency's denial. After contacting the agency several times to find out about the status of their appeal without success, Basin and Range Watch filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantBureau Of Land Management
DefendantU.S. Department of Interior
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [11]
Opinion/Order [27]
Opinion/Order [29]
Opinion/Order [31]
Opinion/Order [35]
Opinion/Order [37]
Opinion/Order [42]
Opinion/Order [51]
Opinion/Order [55]
Opinion/Order [57]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-02-261COMPLAINT against All Defendants (Filing fee $400 receipt number 0978-4014929), filed by Basin and Range Watch. Certificate of Interested Parties due by 3/7/2016. Proof of service due by 6/25/2016. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Summons, # 5 Summons) (Mixson, Christopher) (Entered: 02/26/2016)
2016-02-262CERTIFICATE of Interested Parties filed by Basin and Range Watch. There are no known interested parties other than those participating in the case . (Mixson, Christopher) (Entered: 02/26/2016)
2016-02-26Case assigned to Judge James C. Mahan and Magistrate Judge Peggy A. Leen. (PS) (Entered: 02/26/2016)
2016-02-263NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC § 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - www.nvd.uscourts.gov . AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR EXPEDITED TRIAL SETTING: The parties in this action are provided with a link to General Order 2013-1 and the USDC Short Trial Rules on the Court's website - www.nvd.uscourts.gov . If the parties agree that this action can be ready for trial within 180 days and that a trial of this matter would take three (3) days or less, the parties should consider participation in the USDC Short Trial Program. If the parties wish to be considered for entry into the Court's Short Trial Program, they should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form 4(a)(2). (no image attached) (PS) (Entered: 02/26/2016)
2016-02-264NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 10-2. Counsel David Becker and David Bahr to comply with completion and electronic filing of the Designation of Local Counsel and Verified Petition. For your convenience, click on the following link to obtain the form from the Court's website - www.nvd.uscourts.gov/Forms.aspx . Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of pleadings. Please visit the Court's website www.nvd.uscourts.gov to register Attorney(s). Verified Petition due by 4/11/2016. (no image attached) (PS) (Entered: 02/26/2016)
2016-02-265VERIFIED PETITION for Permission to Practice Pro Hac Vice by David H. Becker and DESIGNATION of Local Counsel Christopher W. Mixson (Filing fee $ 250 receipt number 0978-4015217) filed by Plaintiff Basin and Range Watch . (Mixson, Christopher) (Entered: 02/26/2016)
2016-02-266NOTICE: Attorney Action Required to 1 Complaint: ERROR: Wrong form used by attorney. Summons are ONLY issued, that are submitted on the approved summons forms provided by the Court. CORRECTION: Attorney Christopher W. Mixson advised to download and complete updated "AO 440 (Rev. 6/12) Summons in a Civil Action" form from Court's Website www.nvd.uscourts.gov , and file using "Proposed Summons to be Issued" event. (no image attached) (RFJ) (Entered: 02/26/2016)
2016-02-267VERIFIED PETITION for Permission to Practice Pro Hac Vice by David A. Bahr and DESIGNATION of Local Counsel Christopher W. Mixson (Filing fee $ 250 receipt number 0978-4015242) filed by Plaintiff Basin and Range Watch . (Mixson, Christopher) (Entered: 02/26/2016)
2016-02-268MOTION Request for Issuance of Summonses by Plaintiff Basin and Range Watch. Responses due by 3/14/2016. (Attachments: # 1 Exhibit, # 2 Exhibit)(Mixson, Christopher) (Entered: 02/26/2016)
2016-03-039ORDER Granting 7 Verified Petition for Permission to Practice Pro Hac Vice for Attorney David A. Bahr and approving Designation of Local Counsel Christopher W. Mixson for Basin and Range Watch. Signed by Judge James C. Mahan on 3/3/16. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - MMM) (Entered: 03/03/2016)
2016-03-0310ORDER Granting 5 Verified Petition for Permission to Practice Pro Hac Vice for Attorney David H. Becker and approving Designation of Local Counsel Christopher W. Mixson for Basin and Range Watch. Signed by Judge James C. Mahan on 3/3/16. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - MMM) (Entered: 03/03/2016)
2016-03-0911ORDER Granting 8 Motion to Issue Non-Standard Summonses Pursuant to FRCP 12(a) and 5 U.S.C. Section 552(a)(4)(C). Signed by Magistrate Judge Peggy A. Leen on 3/9/16. (Copies have been distributed pursuant to the NEF - TR) (Entered: 03/09/2016)
2016-03-0912Summons Issued as to Bureau Of Land Management, U.S. Department of Interior re 1 Complaint. (TR) (Entered: 03/09/2016)
2016-03-3113SUMMONS Returned Executed by Basin and Range Watch re 12 Summons Issued. All Defendants. (Attachments: # 1 Exhibit 1)(Becker, David) (Entered: 03/31/2016)
2016-04-0814ANSWER to 1 Complaint, filed by Bureau Of Land Management. Certificate of Interested Parties due by 4/18/2016. Discovery Plan/Scheduling Order due by 5/23/2016.(Flake, Troy) (Entered: 04/08/2016)
2016-05-0615PROPOSED Discovery Plan/Scheduling Order; filed by Plaintiff Basin and Range Watch. (Becker, David) (Entered: 05/06/2016)
2016-05-1016SCHEDULING ORDER Granting 15 Proposed Discovery Plan/Scheduling Order. Signed by Magistrate Judge Peggy A. Leen on 5/10/16. (Copies have been distributed pursuant to the NEF - PS) (Entered: 05/11/2016)
2016-05-1017NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC § 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - www.nvd.uscourts.gov . AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR EXPEDITED TRIAL SETTING: The parties in this action are provided with a link to General Order 2013-1 and the USDC Short Trial Rules on the Court's website - www.nvd.uscourts.gov . If the parties agree that this action can be ready for trial within 180 days and that a trial of this matter would take three (3) days or less, the parties should consider participation in the USDC Short Trial Program. If the parties wish to be considered for entry into the Court's Short Trial Program, they should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form 4(a)(2). (no image attached) (PS) (Entered: 05/11/2016)
2016-06-1518Joint MOTION to Extend Time regarding dispositive matter (First Request) by Defendants Bureau Of Land Management, U.S. Department of Interior. (Flake, Troy) (Entered: 06/15/2016)
2016-06-1719ORDER granting ECF No. 18 Joint Motion to Modify Briefing Schedule : 1. Federal Defendants shall file their motion for summary judgment by July 5, 2016, limited to 30 pages. 2. Plaintiff shall file its combined response and cross-motion for summary judgment by August 9, 2016, limited to 40 pages. 3. Federal Defendants shall file their combined summary judgment reply and cross-motion response by September 20, 2016, limited to 30 pages. 4. Plaintiff will file its cross-motion reply by October 21, 2016, limited to 20 pages. Signed by Judge James C. Mahan on 6/17/2016. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 06/20/2016)
2016-07-0520MOTION for Summary Judgment by Defendants Bureau Of Land Management, U.S. Department of Interior. Responses due by 7/29/2016. (Attachments: # 1 Exhibit 1 Declaration, # 2 Exhibit 2 Declaration, # 3 Exhibit 3 Declaration, # 4 Exhibit 4 Vaughn Index)(Flake, Troy) (Entered: 07/05/2016)
2016-08-0921Cross MOTION for Summary Judgment by Plaintiff Basin and Range Watch. Responses due by 9/2/2016. (Becker, David) (Entered: 08/09/2016)
2016-08-0922DECLARATION of David H. Becker re 21 Motion for Summary Judgment ; filed by Plaintiff Basin and Range Watch. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M)(Becker, David) (Entered: 08/09/2016)
2016-08-0923DECLARATION of Kevin Emmerich re 21 Motion for Summary Judgment ; filed by Plaintiff Basin and Range Watch. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9)(Becker, David) (Entered: 08/09/2016)
2016-08-0924DECLARATION of Laura Cunningham re 21 Motion for Summary Judgment ; filed by Plaintiff Basin and Range Watch. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1)(Becker, David) (Entered: 08/09/2016)
2016-08-0925RESPONSE to 20 Motion for Summary Judgment,, filed by Plaintiff Basin and Range Watch. Replies due by 8/26/2016. (Becker, David) (Entered: 08/09/2016)
2016-09-2026JOINT MOTION to Stay re: Settlement; filed by Defendants Bureau Of Land Management, U.S. Department of Interior. (Flake, Troy) (Entered: 09/20/2016)
2016-09-2227ORDER STAYING CASE PENDING SETTLEMENT. Signed by Magistrate Judge Peggy A. Leen on 9/22/16. (Copies have been distributed pursuant to the NEF - ADR) (Entered: 09/22/2016)
2016-10-2428JOINT SECOND MOTION to Continue Stay; filed by Defendants Bureau Of Land Management, U.S. Department of Interior. Responses due by 11/10/2016. (Flake, Troy) (Entered: 10/24/2016)
2016-10-2729ORDER Granting 28 Joint Motion for Continuation of Stay. Signed by Magistrate Judge Peggy A. Leen on 10/27/16. (Copies have been distributed pursuant to the NEF - ADR) (Entered: 10/27/2016)
2016-11-1030Joint MOTION for Continuation of Stay of Briefing Schedule by Plaintiff Basin and Range Watch. Responses due by 11/27/2016. (Becker, David) (Entered: 11/10/2016)
2016-11-1531ORDER Granting 30 Motion for Continuation of Stay of Briefing Schedule. See Order for deadlines. Signed by Magistrate Judge Peggy A. Leen on 11/15/16. (Copies have been distributed pursuant to the NEF - ADR) (Entered: 11/16/2016)
2016-12-0932MOTION to Reopen Discovery; filed by Plaintiff Basin and Range Watch. Responses due by 12/23/2016. (Becker, David) (Entered: 12/09/2016)
2016-12-0933DECLARATION of David H. Becker re 32 MOTION to Reopen Discovery; filed by Plaintiff Basin and Range Watch. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Becker, David) (Entered: 12/09/2016)
2016-12-1434STIPULATION FOR EXTENSION of Time re: 32 MOTION to Reopen Discovery ; filed by Defendants Bureau Of Land Management, U.S. Department of Interior. (Flake, Troy) Court Modified entry to properly establish docket entry relationship pursuant to LR IC 2-2(d)on 12/14/2016 (RFJ). (Entered: 12/14/2016)
2016-12-1535ORDER Granting 34 Stipulation for Extension of Time to Respond re 32 MOTION to Reopen Discovery.( Responses due by 1/9/2017., Replies due by 1/23/2017.) Signed by Magistrate Judge Peggy A. Leen on 12/15/16. (Copies have been distributed pursuant to the NEF - ADR) (Entered: 12/15/2016)
2017-01-0936SECOND STIPULATION FOR EXTENSION OF TIME re: 32 MOTION to Reopen Discovery ; filed by Defendants Bureau Of Land Management, U.S. Department of Interior. (Flake, Troy) Court Modified entry to properly establish docket entry relationship pursuant to LR IC 2-2(d) on 1/9/2017 (RFJ). (Entered: 01/09/2017)
2017-01-09NOTICE of Non COMPLIANCE with Local Rules LR IC 2-2 and Docket Correction to 36 SECOND STIPULATION FOR EXTENSION OF TIME re: 32 MOTION to Reopen Discovery : ERROR: Document should have been properly linked to establish the docket-entry relationship pursuant to LR IC 2-2(d). CORRECTION : The Court modified the entry to properly establish docket entry relationship. Attorney Troy Flake advised in the future to file documents pursuant to LR IC 2-2(c). Attorney advised that continued failure to file document pursuant to the local rules governing electronic filing may cause a delay in filing documents No further action is required by attorney regarding document 36 . (no image attached) (RFJ) (Entered: 01/09/2017)
2017-01-1037ORDER Granting 36 Stipulation for Extension of Time re 32 MOTION to Reopen Discovery.( Responses due by 1/23/2017., Replies due by 2/8/2017.) Signed by Magistrate Judge Peggy A. Leen on 1/10/17. (Copies have been distributed pursuant to the NEF - ADR) (Entered: 01/11/2017)
2017-01-1138NOTICE of Hearing on 32 MOTION to Reopen Discovery : Motion Hearing set for 2/14/2017, at 9:30 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. (no image attached) (TKH) (Entered: 01/11/2017)
2017-01-2339STIPULATION to Withdraw re 32 Motion and to Set Schedule for Forthcoming Motion for Attorneys' Fees and Costs, and Limit Issues in Fees Motion; filed by Plaintiff Basin and Range Watch. (Becker, David) (Entered: 01/23/2017)
2017-01-2340WITHDRAWAL of Motion re 32 Motion ; by Plaintiff Basin and Range Watch . (Becker, David) (Entered: 01/23/2017)
2017-01-2741ORDER granting 39 STIPULATION to Withdraw re 32 Motion and to Set Schedule for Forthcoming Motion for Attorneys' Fees and Costs, and Limit Issues in Fees Motion. Signed by Magistrate Judge Peggy A. Leen on 1/27/2017. (Copies have been distributed pursuant to the NEF - JM) (Entered: 01/30/2017)
2017-02-2142ORDER. IT IS HEREBY ORDERED that the instant stay be, and the same hereby is, LIFTED, and the court will start considering the motions that have been filed. Signed by Judge James C. Mahan on 2/21/17. (Copies have been distributed pursuant to the NEF - ADR) (Entered: 02/21/2017)
2017-03-0143MOTION for Attorney Fees; filed by Plaintiff Basin and Range Watch. Responses due by 3/15/2017. (Becker, David) (Entered: 03/01/2017)
2017-03-0144Third DECLARATION of David H. Becker re 43 Motion for Attorney Fees ; filed by Plaintiff Basin and Range Watch. (Attachments: # 1 Index Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Becker, David) (Entered: 03/01/2017)
2017-03-0145DECLARATION of David A. Bahr re 43 Motion for Attorney Fees ; filed by Plaintiff Basin and Range Watch. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B)(Becker, David) (Entered: 03/01/2017)
2017-03-0146DECLARATION of Christopher W. Mixson re 43 Motion for Attorney Fees ; filed by Plaintiff Basin and Range Watch. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B)(Becker, David) (Entered: 03/01/2017)
2017-03-0147Second DECLARATION of Kevin Emmerich re 43 Motion for Attorney Fees ; filed by Plaintiff Basin and Range Watch. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Becker, David) (Entered: 03/01/2017)
2017-03-0148DECLARATION of Peter M. Lacy re 43 Motion for Attorney Fees ; filed by Plaintiff Basin and Range Watch. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B)(Becker, David) (Entered: 03/01/2017)
2017-03-0149DECLARATION of James D. Boyle re 43 Motion for Attorney Fees ; filed by Plaintiff Basin and Range Watch. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1)(Becker, David) (Entered: 03/01/2017)
2017-03-0150DECLARATION of Jennifer L. Braster re 43 Motion for Attorney Fees ; filed by Plaintiff Basin and Range Watch. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1)(Becker, David) (Entered: 03/01/2017)
2017-03-0151ORDER. IT IS HEREBY ORDERED, ADJUDGED, and DECREED that, within seven (7) days of this order, the parties shall submit a declaration or stipulation to the court identifying the contested materials, if any, that have been provided by defendants to plaintiff since 8/9/2016 the date of plaintiff's cross-motion for summary judgment. Signed by Judge James C. Mahan on 3/1/17. (Copies have been distributed pursuant to the NEF - ADR) (Entered: 03/02/2017)
2017-03-0852STIPULATION of Production of Documents re 51 ORDER; filed by Plaintiff Basin and Range Watch. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1)(Becker, David) (Entered: 03/08/2017)
2017-03-0853JOINT MOTION to Stay; filed by Plaintiff Basin and Range Watch. (Becker, David) Modified on 3/9/2017 (RFJ). (Entered: 03/08/2017)
2017-03-0954NOTICE; filed by Basin and Range Watch. (Becker, David) (Entered: 03/09/2017)
2017-03-1055ORDER Granting 53 Motion to Stay. IT IS FURTHER ORDERED that 20 defendants' motion for summary judgment and 21 plaintiff's cross-motion for summary judgment be, and the same hereby are, DENIED as moot. Signed by Judge James C. Mahan on 3/10/17. (Copies have been distributed pursuant to the NEF - ADR) (Entered: 03/10/2017)
2017-03-2856JOINT FIRST MOTION For Extension Time re 41 Order - Briefing Schedule for Motion for Attorneys' Fees and Costs; filed by Defendants Bureau Of Land Management, U.S. Department of Interior. Responses due by 4/11/2017. (Flake, Troy) (Entered: 03/28/2017)
2017-03-3157ORDER Granting 56 Motion to Extend Time re 43 Motion for Attorney Fess. (Responses due by 4/14/2017., Replies due by 5/17/2017.) Signed by Magistrate Judge Peggy A. Leen on 3/31/17. (Copies have been distributed pursuant to the NEF - ADR) (Entered: 04/03/2017)
2017-04-1458RESPONSE to 43 Motion for Attorney Fees, filed by Defendants Bureau Of Land Management, U.S. Department of Interior. Replies due by 4/21/2017. (Attachments: # 1 Declaration, # 2 Exhibit 1 - FOIA Appeal 2011, # 3 Exhibit 2 - FOIA Appeal 2015)(Flake, Troy) (Entered: 04/14/2017)
2017-05-1759REPLY to Response to 43 Motion for Attorney Fees filed by Plaintiff Basin and Range Watch. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1)(Becker, David) (Entered: 05/17/2017)
2017-05-1760Fourth DECLARATION of David H. Becker re 43 Motion for Attorney Fees ; filed by Plaintiff Basin and Range Watch. (Attachments: # 1 Index of Exhibits, # 2 Exhibit G, # 3 Exhibit H)(Becker, David) (Entered: 05/17/2017)
2017-05-1761Second DECLARATION of David A. Bahr re 43 Motion for Attorney Fees ; filed by Plaintiff Basin and Range Watch. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A)(Becker, David) (Entered: 05/17/2017)
2017-05-1762Second DECLARATION of Christopher W. Mixson re 43 Motion for Attorney Fees ; filed by Plaintiff Basin and Range Watch. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A)(Becker, David) (Entered: 05/17/2017)
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