Case Detail

FOIA Project Annotation: Judge Emmet Sullivan has ruled that the Bureau of Land Management did not conduct an adequate search for records about buying or selling wild horses or burros in response to a request from Debbie Coffey. After researching the wild horse and burro program online, Coffey submitted a request in which she asked for records of communications between Bureau employees and individuals or organizations interested in buying or selling wild horses and burros. Based on her online research, Coffey identified several BLM employees who were likely to have records. The agency told Coffey the records would cost $2,440, which she paid. She then received 671pages, 240 of which were partially redacted under Exemption 6 (invasion of privacy). The agency subsequently refunded the $2,440 fee after Coffey complained that because the agency missed its statutory deadline it was prohibited from charging fees. Although a number of emails referenced attachments, BLM argued that it was not obligated to provide the attachments because they were outside the scope of Coffey's request. Sullivan disagreed, noting that "here, the Bureau produced documents that reference other specific documents, potentially responsive records that have not been produced." He rejected the agency's claim that the attachments were outside the scope of the request, explaining that "an agency has a duty to construe FOIA requests liberally, and Ms. Coffey's request clearly encompasses 'all emails.' To the extent the agency intends to argue that the attachments should be treated as separate 'records' from the emails to which they were attached, the Court rejects this approach. Many of the emails cited by Ms. Coffey make explicit reference to, or include discussion of, the missing attachments. Although the Court need not adopt a per se rule that an email and its attachment must be treated as a single record, the Court finds that many of these attachments should reasonably be considered part and parcel of the email by which they were sent." Sullivan rejected Coffey's argument that the agency's search was not adequate because it did not use the search term "proposal," finding instead that the search was reasonable. However, Sullivan sided with Coffey on the matter of whether the agency should have searched the emails of certain identified individuals. Here, Sullivan indicated that "nor has the agency explained whether the additional custodians identified by Ms. Coffey are likely to have responsive material and, if so, whether there is any practical obstacle to searching for those materials."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2016-04-07	1	COMPLAINT against BUREAU OF LAND MANAGEMENT ( Filing fee $ 400 receipt number 0090-4475810) filed by DEBBIE COFFEY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Sorenson, C.) (Entered: 04/07/2016)
2016-04-07		Case Assigned to Judge Emmet G. Sullivan. (sth) (Entered: 04/07/2016)
2016-04-07	2	SUMMONS (3) Issued Electronically as to BUREAU OF LAND MANAGEMENT, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(sth) (Entered: 04/07/2016)
2016-04-25	3	NOTICE of Appearance by April Denise Seabrook on behalf of BUREAU OF LAND MANAGEMENT (Seabrook, April) (Entered: 04/25/2016)
2016-05-09	4	AMENDED COMPLAINT against BUREAU OF LAND MANAGEMENT filed by DEBBIE COFFEY.(Sorenson, C.) (Entered: 05/09/2016)
2016-05-23	5	Consent MOTION for Extension of Time to File Answer re 4 Amended Complaint by BUREAU OF LAND MANAGEMENT (Seabrook, April) (Entered: 05/23/2016)
2016-06-02	6	NOTICE of Appearance by Daniel J. Stotter on behalf of DEBBIE COFFEY (Stotter, Daniel) (Entered: 06/02/2016)
2016-06-03		MINUTE ORDER granting the parties' consent motion for an extension of time. Signed by Judge Emmet G. Sullivan on June 3, 2016. (lcegs4) (Entered: 06/03/2016)
2016-06-06		Set/Reset Deadlines: Answer due by 6/23/2016. (mac) (Entered: 06/06/2016)
2016-06-23	7	ANSWER to 4 Amended Complaint by BUREAU OF LAND MANAGEMENT. Related document: 4 Amended Complaint filed by DEBBIE COFFEY.(Seabrook, April) (Entered: 06/23/2016)
2016-08-03	8	SCHEDULING ORDER. Signed by Judge Emmet G. Sullivan on August 3, 2016. (lcegs4) (Entered: 08/03/2016)
2016-08-03		Set/Reset Deadlines: Joint Scheduling Order due by 8/17/2016. (mac) (Entered: 08/03/2016)
2016-08-15	9	Joint MOTION for Extension of Time to File Joint Proposed Scheduling Order, and Memorandum of Points and Authorities in Support Thereof by UNITED STATES BUREAU OF LAND MANAGEMENT (Seabrook, April) (Entered: 08/15/2016)
2016-08-29		MINUTE ORDER granting 9 Consent Motion for Extension of Time. Signed by Judge Emmet G. Sullivan on August 29, 2016. (lcegs4) (Entered: 08/29/2016)
2016-08-29		Set/Reset Deadlines: Joint Proposed Scheduling Order due by 9/9/2016. (mac) (Entered: 08/29/2016)
2016-09-07	10	PROPOSED BRIEFING SCHEDULE (Joint) by UNITED STATES BUREAU OF LAND MANAGEMENT. (Whitaker, Claire) (Entered: 09/07/2016)
2016-09-07	11	NOTICE OF SUBSTITUTION OF COUNSEL by Claire M. Whitaker on behalf of UNITED STATES BUREAU OF LAND MANAGEMENT Substituting for attorney April Denise Seabrook (Whitaker, Claire) (Entered: 09/07/2016)
2016-09-22		MINUTE ORDER. Defendants Motion for Summary Judgment shall be filed no later than November 30, 2016; Plaintiffs Opposition and Cross Motion for Summary Judgment shall be filed no later than December 30, 2016; Defendants Opposition to Plaintiffs Cross Motion and Reply to PlaintiffsOpposition to Defendants Cross Motion shall be filed no later than January 30, 2017, and Plaintiffs Reply to Defendants Opposition to Plaintiffs Cross Motion shall be filed no later than February 28, 2017. Signed by Judge Emmet G. Sullivan on September 22, 2016. (lcegs4) (Entered: 09/22/2016)
2016-09-22		MINUTE ORDER. Although a summons was not properly issued to Defendants, Plaintiff proceeded to file a Motion for Summary Judgment. Plaintiff's Motion is DENIED without prejudice. Plaintiff shall effectuate proper service to Defendants no later than October 28, 2016. Signed by Judge Emmet G. Sullivan on September 22, 2016. (lcegs4) (Entered: 09/22/2016)
2016-09-23		Set/Reset Deadlines: Defendants Motion For Summary Judgment due by 11/30/2016. Plaintiffs Opposition And Cross Motion For Summary Judgment due by 12/30/2016. Defendants Opposition To Plaintiffs Cross Motion And Reply To Plaintiffs Opposition To Defendants Cross Motion due by 1/30/2017. Plaintiffs Cross Motion due by 2/28/2017.(mac) (Entered: 09/23/2016)
2016-09-23		Set/Reset Deadlines: Plaintiff To Effectuate Proper Service To Defendants due by 10/28/2016. (mac) (Entered: 09/23/2016)
2016-11-23	12	MOTION to Amend/Correct Set/Reset Deadlines, by UNITED STATES BUREAU OF LAND MANAGEMENT (Attachments: # 1 Text of Proposed Order)(Seabrook, April) (Entered: 11/23/2016)
2016-11-28	13	NOTICE OF SUBSTITUTION OF COUNSEL by April Denise Seabrook on behalf of UNITED STATES BUREAU OF LAND MANAGEMENT Substituting for attorney Claire M. Whitaker (Seabrook, April) (Entered: 11/28/2016)
2016-11-28		MINUTE ORDER granting 12 consent motion to amend briefing schedule. The parties are directed to comply with the following briefing schedule: Defendant's motion for summary judgment shall be filed no later than December 30, 2016. Plaintiff's opposition to defendant's motion for summary judgment and plaintiff's cross motion for summary judgment shall be filed by no later than January 30, 2017. Defendant's opposition to plaintiff's cross motion and reply in support of its motion for summary judgment shall be filed by no later than March 3, 2017. Plaintiff's reply in support of its cross motion shall be filed by no later than April 7, 2017. Signed by Judge Emmet G. Sullivan on 11/28/2016. (lcegs4) (Entered: 11/28/2016)
2016-11-29		Set/Reset Deadlines: Defendant's Motion For Summary Judgment due by 12/30/2016. Plaintiff's Opposition To Defendant's Motion For Summary Judgment And Plaintiff's Cross Motion For Summary Judgment due by 1/30/2017. Defendant' Opposition To Plaintiff's Cross Motion And Reply In Support Of Its Motion For Summary Judgment due by 3/3/2017. Plaintiff's Reply In Support Of Its Cross Motion due by 4/7/2017. (mac) (Entered: 11/29/2016)
2016-12-29	14	Consent MOTION to Amend/Correct Order on Motion to Amend/Correct,, Set/Reset Deadlines, by UNITED STATES BUREAU OF LAND MANAGEMENT (Attachments: # 1 Text of Proposed Order)(Seabrook, April) (Entered: 12/29/2016)
2016-12-30		MINUTE ORDER granting 14 consent motion to amend briefing schedule. The parties are directed to comply with the following briefing schedule: Defendant's motion for summary judgment shall be filed no later than January 6, 2017. Plaintiff's opposition to defendant's motion for summary judgment and plaintiff's cross motion for summary judgment shall be filed by no later than February 6, 2017. Defendant's opposition to plaintiff's cross motion and reply in support of its motion for summary judgment shall be filed by no later than March 9, 2017. Plaintiff's reply in support of its cross motion shall be filed by no later than April 13, 2017. Signed by Judge Emmet G. Sullivan on 12/30/2016. (lcegs4) (Entered: 12/30/2016)
2016-12-30		Set/Reset Deadlines: Defendant's Motion For Summary Judgment Motion due by 1/6/2017. Plaintiff's Opposition To Defendant's Motion For Summary Judgment and Plaintiff's Cross-Motion For Summary Judgment due by 2/6/2017. Defendant's Opposition To Plaintiff's Cross Motion And Reply In Support Of Its Motion For Summary Judgment due by 3/9/2017. Plaintiff's Reply In Support Of Its Cross Motion due by 4/13/2017. (mac) (Entered: 12/30/2016)
2017-01-06	15	MOTION for Summary Judgment by UNITED STATES BUREAU OF LAND MANAGEMENT (Attachments: # 1 Statement of Facts, # 2 Declaration of R. Witt, # 3 Exhibit - Exhibits to Witt Declaration, # 4 Memorandum in Support)(Seabrook, April) (Entered: 01/06/2017)
2017-01-10	16	NOTICE Lack of Service by UNITED STATES BUREAU OF LAND MANAGEMENT (Seabrook, April) (Entered: 01/10/2017)
2017-01-30	17	Consent MOTION for Extension of Time to File Response/Reply And To Modify Briefing Schedule by DEBBIE COFFEY (Attachments: # 1 Text of Proposed Order)(Stotter, Daniel). Added MOTION to Modify Briefing Schedule on 1/31/2017 (znmw). (Entered: 01/30/2017)
2017-02-03		MINUTE ORDER granting 17 consent motion for extension of time and to modify the briefing schedule. The parties are directed to comply with the following briefing schedule: Plaintiff shall file her combined opposition to defendants motion for summary judgment and cross motion for summary judgment by no later than February 21, 2017, Defendant shall file their combined opposition to plaintiff's cross motion for summary judgment and reply in support of defendant's motion for summary judgment by no later than March 24, 2017. Plaintiff shall file her reply in support of her cross motion for summary judgment by no later than April 28, 2017. Signed by Judge Emmet G. Sullivan on 2/3/2017. (lcegs4) (Entered: 02/03/2017)
2017-02-03		Set/Reset Deadlines: Plaintiff Combined Opposition To Defendants Motion For Summary Judgment and Cross Motion For Summary Judgment due by 2/21/2017. Defendants Combined Opposition To Plaintiff's Cross Motion For Summary Judgment and Reply In Support Of Defendant' Motion For Summary Judgment due by 3/24/2017. Plaintiff Reply In Support Of Her Cross Motion For Summary Judgment due by 4/28/2017. (mac) (Entered: 02/03/2017)
2017-02-21	18	MOTION for Summary Judgment & Memorandum of Points & Authorities by DEBBIE COFFEY (Attachments: # 1 Declaration of Debbie Coffey & Exhibits A - C, # 2 Statement of Facts, # 3 Text of Proposed Order)(Stotter, Daniel) (Entered: 02/21/2017)
2017-02-21	19	RESPONSE re 15 MOTION for Summary Judgment filed by DEBBIE COFFEY. (Attachments: # 1 Declaration of Debbie Coffey & Exhibits A - C, # 2 Statement of Facts, # 3 Text of Proposed Order)(Stotter, Daniel) (Entered: 02/21/2017)
2017-02-22	20	ERRATA Notice by UNITED STATES BUREAU OF LAND MANAGEMENT. (Attachments: # 1 Errata revised Vaughn index)(Sroka, Scott) (Entered: 02/22/2017)
2017-03-24	21	Memorandum in opposition to re 18 MOTION for Summary Judgment & Memorandum of Points & Authorities and Reply in Further Support of Defendant's Motion for Summary Judgment filed by UNITED STATES BUREAU OF LAND MANAGEMENT. (Attachments: # 1 Declaration Supplemented by Ryan Witt)(Sroka, Scott) (Entered: 03/24/2017)
2017-03-24	22	REPLY to opposition to motion re 15 MOTION for Summary Judgment filed by UNITED STATES BUREAU OF LAND MANAGEMENT. (See Docket Entry 21 to view document). (znmw) (Entered: 03/27/2017)
2017-04-13	23	REPLY to opposition to motion re 18 MOTION for Summary Judgment & Memorandum of Points & Authorities filed by DEBBIE COFFEY. (Stotter, Daniel) (Entered: 04/13/2017)
2017-09-18		ENTERED IN ERROR.....Case directly reassigned to Judge Timothy J. Kelly. Judge Emmet G. Sullivan is no longer assigned to the case. (ztnr) Modified on 9/19/2017 to enter in error; Judge Sullivan will keep the case.(ztnr) (Entered: 09/18/2017)
2017-09-29	24	MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on September 29, 2017. (lcegs2) (Entered: 09/29/2017)
2017-09-29	25	ORDER. Signed by Judge Emmet G. Sullivan on September 29, 2017. (lcegs2) (Entered: 09/29/2017)
2017-09-29		MINUTE ORDER. In view of 24 Memorandum Opinion and 25 Order issued today, proceedings in this case are HEREBY STAYED. Signed by Judge Emmet G. Sullivan on 9/29/2017. (lcegs1) (Entered: 09/29/2017)
2017-10-02		Set/Reset Deadlines: Joint Status Report due by 11/10/2017. (mac) (Entered: 10/02/2017)
2017-11-09	26	Joint STATUS REPORT by UNITED STATES BUREAU OF LAND MANAGEMENT. (Sroka, Scott) (Entered: 11/09/2017)
2017-11-13		MINUTE ORDER. In view of the parties' joint status report, the parties are directed to file a further joint status report, including a recommendation for further proceedings, if any, by no later than December 29, 2017. Signed by Judge Emmet G. Sullivan on November 13, 2017. (lcegs2) (Entered: 11/13/2017)
2017-11-13		Set/Reset Deadlines: Status Report due by 12/29/2017. (mac) (Entered: 11/13/2017)
2017-12-29	27	Consent MOTION for Extension of Time to File Joint Status Report by DEBBIE COFFEY (Attachments: # 1 Text of Proposed Order)(Stotter, Daniel) (Entered: 12/29/2017)
2018-01-03		MINUTE ORDER granting 27 plaintiff's consent motion for an extension of time. The parties are directed to file their joint status report by no later than January 19, 2018. Signed by Judge Emmet G. Sullivan on January 3, 2018. (lcegs2) (Entered: 01/03/2018)
2018-01-03		Set/Reset Deadlines: Joint Status Report due by 1/19/2018 (mac) (Entered: 01/03/2018)
2018-01-19	28	Joint STATUS REPORT by UNITED STATES BUREAU OF LAND MANAGEMENT. (Sroka, Scott) (Entered: 01/19/2018)
2018-01-22		MINUTE ORDER. In view of 28 the parties' joint status report, the parties are directed to file a further joint status report, including a recommendation for further proceedings, if any, by no later than February 7, 2018. Signed by Judge Emmet G. Sullivan on January 22, 2018. (lcegs2) (Entered: 01/22/2018)
2018-01-23		Set/Reset Deadlines: Joint Status Report due by 2/7/2018. (mac) (Entered: 01/23/2018)
2018-02-07	29	Joint STATUS REPORT by UNITED STATES BUREAU OF LAND MANAGEMENT. (Sroka, Scott) (Entered: 02/07/2018)
2018-02-13		MINUTE ORDER. In view of 29 the parties' joint status report, the parties are directed to file a further joint status report, including a recommendation for further proceedings, if any, by no later than March 1, 2018. Signed by Judge Emmet G. Sullivan on February 13, 2018. (lcegs2) (Entered: 02/13/2018)
2018-02-13		Set/Reset Deadlines: Joint Status Report due by 3/1/2018. (mac) (Entered: 02/13/2018)
2018-03-01	30	Joint STATUS REPORT by DEBBIE COFFEY. (Stotter, Daniel) (Entered: 03/01/2018)
2018-03-02		MINUTE ORDER in view of 30 parties' joint status report, the parties are directed to file a further joint status report, including a recommendation for further proceedings, if any, by no later than April 4, 2018. Signed by Judge Emmet G. Sullivan on 3/2/2018. (lcegs3) (Entered: 03/02/2018)
2018-03-02		Set/Reset Deadlines: Further Joint Status Report due by 4/4/2018. (mac) (Entered: 03/02/2018)
2018-03-28	31	NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES BUREAU OF LAND MANAGEMENT. Attorney April Denise Seabrook terminated. (Seabrook, April) (Entered: 03/28/2018)
2018-04-04	32	Joint STATUS REPORT by UNITED STATES BUREAU OF LAND MANAGEMENT. (Sroka, Scott) (Entered: 04/04/2018)
2018-04-05		MINUTE ORDER. In view of 32 the parties' joint status report, the parties are directed to file a further joint status report, including a recommendation for further proceedings, if any, by no later than May 18, 2018. Signed by Judge Emmet G. Sullivan on April 5, 2018. (lcegs2) (Entered: 04/05/2018)
2018-04-06		Set/Reset Deadlines: Joint Status Report due by 5/18/2018. (mac) (Entered: 04/06/2018)
2018-05-18	33	Joint STATUS REPORT by UNITED STATES BUREAU OF LAND MANAGEMENT. (Sroka, Scott) (Entered: 05/18/2018)
2018-07-20		MINUTE ORDER. In view of 33 the parties' joint status report, the parties are directed to file a further joint status with a recommendation for further proceedings by no later than July 29, 2018. Signed by Judge Emmet G. Sullivan on 7/20/2018. (lcegs1) (Entered: 07/20/2018)
2018-07-23		Set/Reset Deadlines: Joint Status Report due by 7/29/2018. (mac) (Entered: 07/23/2018)
2018-07-30	34	STIPULATION of Dismissal and Settlement Agreement by UNITED STATES BUREAU OF LAND MANAGEMENT. (Sroka, Scott) (Entered: 07/30/2018)
2018-08-03	35	JOINT STIPULATION OF SETTLEMENT AND PROPOSED ORDER OF DISMISSAL. Signed by Judge Emmet G. Sullivan on 08/02/18. (mac) (Entered: 08/03/2018)
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