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Case TitleSOUTHERN UTAH WILDERNESS ALLIANCE v. UNITED STATES DEPARTMENT OF THE INTERIOR
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv02111
Date Filed2017-10-12
Date ClosedOpen
JudgeJudge Ketanji Brown Jackson
PlaintiffSOUTHERN UTAH WILDERNESS ALLIANCE
Case DescriptionThe Southern Utah Wilderness Alliance submitted a FOIA request to the Department of the Interior for records concerning settlement discussions between the plaintiffs and the agency in the statewide R.S. 2477 litigation. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Southern Utah Wilderness Alliance filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF THE INTERIOR
DefendantBUREAU OF LAND MANAGEMENT
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-10-121COMPLAINT against UNITED STATES DEPARTMENT OF THE INTERIOR ( Filing fee $ 400 receipt number 0090-5156199) filed by SOUTHERN UTAH WILDERNESS ALLIANCE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Meyer, Katherine) Modified on 10/12/2017 (zrdj). (Entered: 10/12/2017)
2017-10-122MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Joseph J. Bushyhead, :Firm- Southern Utah Wilderness Alliance, :Address- 425 East 100 South, Salt Lake City, Utah 84111. Phone No. - 810-236-3775. Fax No. - 202-588-5049 Filing fee $ 100, receipt number 0090-5156651. Fee Status: Fee Paid. by SOUTHERN UTAH WILDERNESS ALLIANCE (Attachments: # 1 Affidavit)(Meyer, Katherine) (Entered: 10/12/2017)
2017-10-12Case Assigned to Judge Ketanji Brown Jackson. (sth) (Entered: 10/13/2017)
2017-10-133SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF THE INTERIOR, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(sth) (Entered: 10/13/2017)
2017-10-234LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SOUTHERN UTAH WILDERNESS ALLIANCE (Meyer, Katherine) (Entered: 10/23/2017)
2017-10-265GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Courts instructions for briefing motions and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 10/26/2017. (lckbj1) (Entered: 10/26/2017)
2017-10-26MINUTE ORDER granting 2 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Joseph J. Bushyhead is granted leave to appear pro hac vice in this matter as counsel for Plaintiff. Signed by Judge Ketanji Brown Jackson on 10/26/2017. (lckbj1) (Entered: 10/26/2017)
2017-11-026NOTICE of Appearance by William Lawton on behalf of SOUTHERN UTAH WILDERNESS ALLIANCE (Lawton, William) (Entered: 11/02/2017)
2017-11-027AMENDED COMPLAINT against UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT filed by SOUTHERN UTAH WILDERNESS ALLIANCE. (Attachments: # 1 Supplement Amended Complaint - redline version, # 2 Summons)(Lawton, William) Modified to add defendant on 11/3/2017 (znmw). (Entered: 11/02/2017)
2017-11-138SUMMONS (1) Issued Electronically as to BUREAU OF LAND MANAGEMENT. (jf) (Entered: 11/13/2017)
2017-11-149NOTICE of Appearance by Marina Utgoff Braswell on behalf of BUREAU OF LAND MANAGEMENT, UNITED STATES DEPARTMENT OF THE INTERIOR (Braswell, Marina) (Entered: 11/14/2017)
2017-11-2210ANSWER to 7 Amended Complaint, by BUREAU OF LAND MANAGEMENT, UNITED STATES DEPARTMENT OF THE INTERIOR.(Braswell, Marina) (Entered: 11/22/2017)
2017-11-22MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure, on or before 12/8/2017. Signed by Judge Ketanji Brown Jackson on 11/22/2017. (lckbj1) (Entered: 11/22/2017)
2017-12-0811Joint STATUS REPORT by BUREAU OF LAND MANAGEMENT, UNITED STATES DEPARTMENT OF THE INTERIOR. (Braswell, Marina) (Entered: 12/08/2017)
2017-12-08MINUTE ORDER. Based on the representations in the parties' status report, it is hereby ORDERED that the parties shall file a further joint status report on or before 2/15/2018, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 12/08/2017. (lckbj1) (Entered: 12/08/2017)
2018-02-1512Joint STATUS REPORT by SOUTHERN UTAH WILDERNESS ALLIANCE. (Bushyhead, Joseph) (Entered: 02/15/2018)
2018-02-22MINUTE ORDER. The parties have filed a 12 Joint Status Report that indicates that Plaintiff intends to seek leave to supplement the Amended Complaint in order to add new causes of action relating to additional FOIA requests that Plaintiff has submitted to Defendants. In light of these and other representations in the Joint Report, it is hereby ORDERED that, on or before 3/5/2018, the parties shall file a further joint status report that shall contain a proposed schedule for further proceedings in this case, including the filing of any Amended Complaint. Plaintiff is advised that any request to amend the complaint to add new claims must be in the form of a motion for leave to amend the complaint that is accompanied by a copy of the proposed amended pleading. Furthermore, any amended pleading must address the current status of the FOIA requests, and government responses, that are already part of Plaintiff's action, before adding any new claims pertaining to other FOIA requests. Signed by Judge Ketanji Brown Jackson on 2/22/2018. (lckbj1) (Entered: 02/22/2018)
2018-03-0513Joint STATUS REPORT by SOUTHERN UTAH WILDERNESS ALLIANCE. (Bushyhead, Joseph) (Entered: 03/05/2018)
2018-03-06MINUTE ORDER. Based on the representations in the parties' 13 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report on or before 5/30/2018, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 03/06/2018. (lckbj1) (Entered: 03/06/2018)
2018-03-0914MOTION for Leave to File Supplemental Complaint by SOUTHERN UTAH WILDERNESS ALLIANCE (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Supplemental Amended Complaint, # 3 Exhibit B - Redline Comparison of Supplemental and Amended Complaints, # 4 Exhibit C - DOI Final Response to FOIA Request OS-2017-00770, # 5 Exhibit D - Renewed Statewide FOIA Request, # 6 Exhibit E - Email Communication re: FOIA Request OS-2017-01323, # 7 Exhibit F - Appeal of FOIA Request OS-2017-01323, # 8 Exhibit G - Kane 1 FOIA Request, # 9 Exhibit H - Text of Proposed Order)(Bushyhead, Joseph) (Entered: 03/09/2018)
2018-03-2315RESPONSE re 14 MOTION for Leave to File Supplemental Complaint filed by BUREAU OF LAND MANAGEMENT, UNITED STATES DEPARTMENT OF THE INTERIOR. (Braswell, Marina) (Entered: 03/23/2018)
2018-04-10MINUTE ORDER. It is hereby ORDERED that Plaintiff's 14 Motion for Leave to File Supplemental Complaint is GRANTED, and Plaintiff's [14-2] Supplemental Amended Complaint is accepted for filing. Defendant shall answer or otherwise respond to the Supplemental Amended Complaint in accordance with the deadlines established in the Federal Rules of Civil Procedure. Signed by Judge Ketanji Brown Jackson on 4/10/2018. (lckbj3) (Entered: 04/10/2018)
2018-04-1016Supplemental AMENDED COMPLAINT against BUREAU OF LAND MANAGEMENT, UNITED STATES DEPARTMENT OF THE INTERIOR filed by SOUTHERN UTAH WILDERNESS ALLIANCE.(jf) (Entered: 04/10/2018)
2018-04-1717ANSWER to 16 Amended Complaint by BUREAU OF LAND MANAGEMENT, UNITED STATES DEPARTMENT OF THE INTERIOR.(Braswell, Marina) (Entered: 04/17/2018)
2018-05-3018Joint STATUS REPORT by BUREAU OF LAND MANAGEMENT, UNITED STATES DEPARTMENT OF THE INTERIOR. (Braswell, Marina) (Entered: 05/30/2018)
2018-06-05MINUTE ORDER. In light of the representations in the parties' 18 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report on or before 7/15/2018. Signed by Judge Ketanji Brown Jackson on 06/05/2018. (lckbj1) (Entered: 06/05/2018)
2018-06-1519NOTICE OF WITHDRAWAL OF APPEARANCE as to SOUTHERN UTAH WILDERNESS ALLIANCE. Attorney Joseph J. Bushyhead terminated. (Bushyhead, Joseph) (Entered: 06/15/2018)
2018-07-1620Joint STATUS REPORT by BUREAU OF LAND MANAGEMENT, UNITED STATES DEPARTMENT OF THE INTERIOR. (Braswell, Marina) (Entered: 07/16/2018)
2018-07-17MINUTE ORDER. In light of the representations in the parties' 20 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report on or before 8/20/2018, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 7/17/2018. (lckbj1) (Entered: 07/17/2018)
2018-08-2021Joint MOTION for Extension of Time to File Joint Status Report by SOUTHERN UTAH WILDERNESS ALLIANCE (Meyer, Katherine) (Entered: 08/20/2018)
2018-08-23MINUTE ORDER granting, for good cause shown, 21 Joint Motion for Extension of Time to File Status Report, nunc pro tunc. It is hereby ORDERED that the parties' joint status report is due on or before 8/28/2018. Any further requests for extensions of time must comply with 5 the Court's General Order and Guidelines for Civil Cases. Counsel is specifically directed to Section 5 of the Appendix to the General Order and Guidelines. Signed by Judge Ketanji Brown Jackson on 08/23/2018. (lckbj1) (Entered: 08/23/2018)
2018-08-2722Joint STATUS REPORT Fifth Joint Status Report by SOUTHERN UTAH WILDERNESS ALLIANCE. (Lawton, William) (Entered: 08/27/2018)
2018-08-28MINUTE ORDER. Based on the representations in the parties' 22 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report on or before 9/19/2018, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 08/28/2018. (lckbj1) (Entered: 08/28/2018)
2018-09-1923Joint STATUS REPORT by BUREAU OF LAND MANAGEMENT, UNITED STATES DEPARTMENT OF THE INTERIOR. (Braswell, Marina) (Entered: 09/19/2018)
2018-09-2024SUPERSEDING GENERAL ORDER AND GUIDELINES FOR FOIA CASES ASSIGNED TO JUDGE KETANJI BROWN JACKSON. This Order supersedes this Courts prior 5 General Order and Guidelines for Civil Cases. The Court will hold the parties and counsel responsible for following these amended directives, and parties and counsel should pay particular attention to the Court's instructions for processing and production of records, batching motions, and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 9/20/2018. (lckbj1) (Entered: 09/20/2018)
2018-09-20MINUTE ORDER. In light of the representations in the parties' 23 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report on or before 10/19/2018, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 9/20/2018. (lckbj1) (Entered: 09/20/2018)
2018-10-1925Joint STATUS REPORT by SOUTHERN UTAH WILDERNESS ALLIANCE. (Meyer, Katherine) (Entered: 10/19/2018)
2018-10-23MINUTE ORDER. Upon consideration of the representations made in the parties October 19, 2018 status report 25 , it is hereby ORDERED that Defendants shall continue to process responsive documents at a rate of 1,000 pages per month in total (500 pages per month by the Bureau of Land Management, and 500 pages per month by the Department of Interiors Office of Secretary). It is FURTHER ORDERED that the parties shall file a joint status report on or before 12/3/2018, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 9/20/2018. (lckbj3) (Entered: 10/23/2018)
2018-10-23Set/Reset Deadlines: Joint Status Report due by 12/3/2018. (tl) (Entered: 10/24/2018)
2018-12-0326Joint STATUS REPORT by SOUTHERN UTAH WILDERNESS ALLIANCE. (Lawton, William) (Entered: 12/03/2018)
2018-12-06MINUTE ORDER. In light of the representations in the parties' 26 Joint Status Report, it is hereby ORDERED that, on or before 2/1/2019, Defendant shall file a status report that updates this Court on the status of review and production, that explains precisely why its search is yielding a high number of non-responsive records, and that suggests alternative search terms; Plaintiff may file a response to this status report on or before 2/15/2019. Signed by Judge Ketanji Brown Jackson on 12/6/2018. (lckbj1, ) (Entered: 12/06/2018)
2019-01-3027Unopposed MOTION for Extension of Time to File Response to the Court's December 6, 2018 Order by UNITED STATES DEPARTMENT OF THE INTERIOR (Braswell, Marina) (Entered: 01/30/2019)
2019-02-06MINUTE ORDER granting Defendants' Unopposed 27 Motion for Extension of Time for good cause shown. Accordingly, it is hereby ORDERED that defendants shall respond to the Courts December 6, 2018 Order by filing a status report on or before 2/15/2019, and plaintiff may file any response on or before 3/1/2019. Signed by Judge Ketanji Brown Jackson on 2/6/19. (lckbj3) (Entered: 02/06/2019)
2019-02-07Set/Reset Deadlines: Status Report due by 2/15/2019. Responsesdue by 3/1/2019. (gdf) (Entered: 02/07/2019)
2019-02-1528STATUS REPORT by BUREAU OF LAND MANAGEMENT, UNITED STATES DEPARTMENT OF THE INTERIOR. (Braswell, Marina) (Entered: 02/15/2019)
2019-03-0129STATUS REPORT by SOUTHERN UTAH WILDERNESS ALLIANCE. (Attachments: # 1 Text of Proposed Order)(Lawton, William) (Entered: 03/01/2019)
2019-03-08MINUTE ORDER. It is hereby ORDERED that Defendant shall file a response to Plaintiff's 29 Status Report on or before 3/22/2019. Signed by Judge Ketanji Brown Jackson on 3/8/2019. (lckbj1) (Entered: 03/08/2019)
2019-03-2230STATUS REPORT RESPONSE by BUREAU OF LAND MANAGEMENT, UNITED STATES DEPARTMENT OF THE INTERIOR. (Braswell, Marina) (Entered: 03/22/2019)
2019-04-1531STATUS REPORT and Request for Status Conference by SOUTHERN UTAH WILDERNESS ALLIANCE. (Lawton, William) (Entered: 04/15/2019)
2019-04-1532MOTION for Status Conference by SOUTHERN UTAH WILDERNESS ALLIANCE. (See Docket Entry 31 to view document) (jf) (Entered: 04/18/2019)
2019-04-16MINUTE ORDER. It is hereby ORDERED that a Status Conference is set for 5/9/2019 at 10:00 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 4/16/2019. (lckbj1) (Entered: 04/16/2019)
2019-04-18NOTICE OF ERROR re 31 Status Report; emailed to nlawton@meyerglitz.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. DO NOT REFILE - Counsel is reminded to docket all parts of their pleading (zjf, ) (Entered: 04/18/2019)
2019-05-0733NOTICE of Interim FOIA Response by SOUTHERN UTAH WILDERNESS ALLIANCE (Lawton, William) (Entered: 05/07/2019)
2019-05-0834STATUS REPORT by BUREAU OF LAND MANAGEMENT, UNITED STATES DEPARTMENT OF THE INTERIOR. (Braswell, Marina) (Entered: 05/08/2019)
2019-05-09MINUTE ORDER: The parties in this matter appeared for a status conference on May 9, 2019. In light of their representations, it is hereby ORDERED that, on or before 5/23/2019, the parties shall file a joint proposed order that incorporates the parties' agreement concerning the scope and the terms of their timeline of the requested FOIA production. To the extent that the parties disagree regarding certain aspects of the production, they shall indicate the basis for this disagreement in the same joint filing. The parties' obligations under this Court's 10/23/2018, order shall remain in effect at this time. Signed by Judge Ketanji Brown Jackson on 05/09/2019. (lckbj1) (Entered: 05/09/2019)
2019-05-09Minute Entry for proceedings held before Judge Ketanji Brown Jackson: Status Conference held on 5/9/2019. Order forthcoming via Chambers. (Court Reporter: Nancy Meyer) (gdf) (Entered: 05/10/2019)
2019-05-2335NOTICE of Proposed Order by SOUTHERN UTAH WILDERNESS ALLIANCE (Attachments: # 1 Text of Proposed Order)(Lawton, William) (Entered: 05/23/2019)
2019-06-0436ORDER regarding the parties' agreements for further review and production. The parties are directed to review paragraph five, which includes this Court's resolution of the parties' dispute. Signed by Judge Ketanji Brown Jackson on 6/4/19. (lckbj3) (Entered: 06/04/2019)
2019-06-04Set/Reset Deadlines: Joint Status Report due by 6/25/2019. (gdf) (Entered: 06/04/2019)
2019-06-2537Consent MOTION for Extension of Time to File Joint Status Report by BUREAU OF LAND MANAGEMENT, UNITED STATES DEPARTMENT OF THE INTERIOR (Braswell, Marina) (Entered: 06/25/2019)
2019-06-26MINUTE ORDER granting 37 Motion for Extension of Time to File Status Report. It is hereby ORDERED that the parties' status report is due on or before 6/26/2019. Signed by Judge Ketanji Brown Jackson on 6/26/2019. (lckbj1) (Entered: 06/26/2019)
2019-06-2638NOTICE OF WITHDRAWAL OF APPEARANCE as to SOUTHERN UTAH WILDERNESS ALLIANCE. Attorney Katherine A. Meyer terminated. (Meyer, Katherine) (Entered: 06/26/2019)
2019-06-2639Joint STATUS REPORT by BUREAU OF LAND MANAGEMENT, UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Banco Declaration, # 2 Alexander Declaration)(Braswell, Marina) (Entered: 06/26/2019)
2019-08-1640NOTICE of Change of Address by William N. Lawton (Lawton, William) (Entered: 08/16/2019)
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