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Case TitleChetal v. U.S. Department of Interior et al
DistrictNorthern District of California
CitySan Francisco
Case Number3:2018cv03731
Date Filed2018-06-22
Date Closed2019-03-20
JudgeJudge Edward M. Chen
PlaintiffShyam K. Chetal
Case DescriptionShyam Chetal submitted FOIA requests to the Department of the Interior for records about the Ten Sleep Mine in Big Horn County, Wyoming. After hearing nothing further from the agency, Chetal filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantU.S. Department of Interior
DefendantRyan Zinke Secretary of Interior
DefendantU.S. Bureau of Land Management
DefendantMichael D. Need Acting Director
DefendantKim Liebhauser District Manager
DefendantPamela J. Stiles Branch Solid Materials Manager, Bureau of Land Management Worland, Wyoming
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Opinion/Order [26]
Opinion/Order [53]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-06-221COMPLAINT against Kim Liebhauser, Michael D. Need, Pamela J. Stiles, U.S. Bureau of Land Management, U.S. Department of Interior, Ryan Zinke (Filing fee $ 400, Receipt #44611015428.). Filed byShyam K. Chetal. Consent/Declination due by 7/6/2018. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 civil cove sheet, # 9 receipt)(cpS, COURT STAFF) (Filed on 6/22/2018) Modified on 6/22/2018 (cpS, COURT STAFF). (Entered: 06/22/2018)
2018-06-222Summons Issued as to Kim Liebhauser, Michael D. Need, Pamela J. Stiles. (Attachments: # 1 Stiles, # 2 Need)(cpS, COURT STAFF) (Filed on 6/22/2018) (Entered: 06/22/2018)
2018-06-223Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/13/2018. Initial Case Management Conference set for 9/20/2018 11:00 AM in San Francisco, Courtroom C, 15th Floor. (Attachments: # 1 Standing Order, # 2 Standing Order for All Judges)(cpS, COURT STAFF) (Filed on 6/22/2018) (Entered: 06/22/2018)
2018-06-284CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Shyam K. Chetal.. (fabS, COURT STAFF) (Filed on 6/28/2018) (Entered: 06/28/2018)
2018-07-025CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (Attachments: # 1 Certificate/Proof of Service) (ejkS, COURT STAFF) (Filed on 7/2/2018) (Entered: 07/02/2018)
2018-07-036ORDER REASSIGNING CASE. Case reassigned to Judge Edward M. Chen for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 7/3/18. (Attachments: # 1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 7/3/2018) (Entered: 07/03/2018)
2018-07-097Summons Issued as to Ryan Zinke. (slhS, COURT STAFF) (Filed on 7/9/2018) (Entered: 07/09/2018)
2018-07-118CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 10/2/2018 09:30 AM in San Francisco, Courtroom 05, 17th Floor. Case Management Statement due by 9/27/2018. Signed by Judge Edward M. Chen on 7/11/18. (Attachments: # 1 Certificate/Proof of Service)(bpfS, COURT STAFF) (Filed on 7/11/2018) (Entered: 07/11/2018)
2018-07-269SUMMONS Returned Executed by Shyam K. Chetal. Kim Liebhauser served on 7/9/2018, answer due 7/30/2018; Pamela J. Stiles served on 7/9/2018, answer due 7/30/2018. (slhS, COURT STAFF) (Filed on 7/26/2018) (Entered: 07/30/2018)
2018-08-0210Summons Issued as to U.S. Attorney and U.S. Attorney General (slhS, COURT STAFF) (Filed on 8/2/2018) (Entered: 08/07/2018)
2018-08-2011AFFIDAVIT in Support of Motion for Order Requiring the U.S. Bureau of Land Management to File Answer by Shyam K. Chetal. (slhS, COURT STAFF) (Filed on 8/20/2018) (Entered: 08/22/2018)
2018-09-0412ORDER Re 11 Plaintiff's Motion for an Order Requiring U.S. Bureau of Land Management to File Answer. Signed by Judge Edward M. Chen on 9/4/2018. (Attachments: # 1 Certificate/Proof of Service)(emcsec, COURT STAFF) (Filed on 9/4/2018) (Entered: 09/04/2018)
2018-09-1320NOTICE filed by Shyam K. Chetal (slhS, COURT STAFF) (Filed on 9/13/2018) (Entered: 10/05/2018)
2018-09-1413ADMINISTRATIVE MOTION to Continue Initial Case Management Conference filed by Kim Liebhauser, Michael D. Need, Pamela J. Stiles, U.S. Bureau of Land Management, U.S. Department of Interior, Ryan Zinke. Responses due by 9/18/2018. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Certificate/Proof of Service)(Norris, Raven) (Filed on 9/14/2018) Modified on 9/17/2018 (slhS, COURT STAFF). (Entered: 09/14/2018)
2018-09-1714Order by Judge Edward M. Chen granting 13 Administrative Motion to Continue Initial Case Management Conference. Case Management Statement due by 12/13/2018. Initial Case Management Conference set for 12/20/2018 09:30 AM in San Francisco, Courtroom 05, 17th Floor. (Attachments: # 1 Certificate/Proof of Service)(afmS, COURT STAFF) (Filed on 9/17/2018) (Entered: 09/17/2018)
2018-09-2017MOTION to Vacate Order filed by Shyam K. Chetal. Responses due by 10/4/2018. Replies due by 10/11/2018. (slhS, COURT STAFF) (Filed on 9/20/2018) (Entered: 09/27/2018)
2018-09-2715SUMMONS Returned Executed by Shyam K. Chetal. Michael D. Need, U.S. Bureau of Land Management; U.S. Department of Interior and Ryan Zinke served on 7/2/2018, answer due 8/31/2018. (slhS, COURT STAFF) (Filed on 9/27/2018) (Entered: 09/27/2018)
2018-09-2716SUMMONS Returned Executed by Shyam K. Chetal. U.S. Attorney served on 9/15/18 (slhS, COURT STAFF) (Filed on 9/27/2018) (Entered: 09/27/2018)
2018-09-2818Order by Judge Edward M. Chen denying 17 Motion to Vacate. (Attachments: # 1 Certificate/Proof of Service)(afmS, COURT STAFF) (Filed on 9/28/2018) (Entered: 09/28/2018)
2018-10-0119MOTION to Expedite Discovery Under 5 USC Sec 552(a)(6)(E) filed by Shyam K. Chetal. (Attachments: # 1 Part 2)(slhS, COURT STAFF) (Filed on 10/1/2018) (Entered: 10/04/2018)
2018-10-0921Declaration in Support of Motion for preliminary injunction filed by Shyam K. Chetal. (Attachments: # 1 Exhibit 1-7, # 2 Exhibit 8 part 1, # 3 Exhibit 8 part 2)(slhS, COURT STAFF) (Filed on 10/9/2018) (Entered: 10/10/2018)
2018-10-1122MOTION to Dismiss Plaintiff's Complaint as Moot or alternatively for failure to state a claim pursuant to Rule 12(b)(1) and 12(b)(6) filed by Kim Liebhauser, Michael D. Need, Pamela J. Stiles, U.S. Bureau of Land Management, U.S. Department of Interior, Ryan Zinke. Motion Hearing set for 11/15/2018 01:30 PM before Judge Edward M. Chen. Responses due by 10/25/2018. Replies due by 11/1/2018. (Attachments: # 1 Declaration, # 2 Exhibit A-I, # 3 Certificate/Proof of Service)(Norris, Raven) (Filed on 10/11/2018) (Entered: 10/11/2018)
2018-10-1123Proposed Order re 22 MOTION to Dismiss Plaintiff's Complaint as Moot or alternatively for failure to state a claim pursuant to Rule 12(b)(1) and 12(b)(6) by Kim Liebhauser, Michael D. Need, Pamela J. Stiles, U.S. Bureau of Land Management, U.S. Department of Interior, Ryan Zinke. (Norris, Raven) (Filed on 10/11/2018) (Entered: 10/11/2018)
2018-10-1924OPPOSITION/RESPONSE (re 19 MOTION to Expedite ) Defendants' Opposition to Plaintiff's Motion to Expedite Discovery filed byKim Liebhauser, Michael D. Need, Pamela J. Stiles, U.S. Bureau of Land Management, U.S. Department of Interior, Ryan Zinke. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Certificate/Proof of Service)(Norris, Raven) (Filed on 10/19/2018) (Entered: 10/19/2018)
2018-10-1925Defendants' OPPOSITION to 21 Plaintiff's Declaration in Support of Motion for Preliminary Injunction by Kim Liebhauser, Michael D. Need, Pamela J. Stiles, U.S. Bureau of Land Management, U.S. Department of Interior, Ryan Zinke. (Attachments: # 1 Certificate/Proof of Service)(Norris, Raven) (Filed on 10/19/2018) Modified on 10/23/2018 (slhS, COURT STAFF). (Entered: 10/19/2018)
2018-10-2226ORDER by Judge Edward M. Chen Denying 19 Plaintiff's Motion to Expedite Discovery. (Attachments: # 1 Certificate/Proof of Service)(emcsec, COURT STAFF) (Filed on 10/22/2018) (Entered: 10/22/2018)
2018-10-3027OPPOSITION/RESPONSE (re 22 MOTION to Dismiss Plaintiff's Complaint as Moot or alternatively for failure to state a claim pursuant to Rule 12(b)(1) and 12(b)(6) ) filed by Shyam K. Chetal. (slhS, COURT STAFF) (Filed on 10/30/2018) (Entered: 10/31/2018)
2018-11-0128REPLY (re 22 MOTION to Dismiss Plaintiff's Complaint as Moot or alternatively for failure to state a claim pursuant to Rule 12(b)(1) and 12(b)(6) ) In Support of Defendants Motion to Dismiss filed byKim Liebhauser, Michael D. Need, Pamela J. Stiles, U.S. Bureau of Land Management, U.S. Department of Interior, Ryan Zinke. (Attachments: # 1 Certificate/Proof of Service)(Norris, Raven) (Filed on 11/1/2018) (Entered: 11/01/2018)
2018-11-0529ORDER Re 22 Defendants' Motion to Dismiss. Motion Hearing set for 11/15/2018 01:30 PM has been VACATED. Plaintiff may file a supplemental brief by 11/19/2018. Defendants may file responsive briefs by 11/26/2018. Signed by Judge Edward M. Chen on 11/5/2018. (Attachments: # 1 Certificate/Proof of Service)(emcsec, COURT STAFF) (Filed on 11/5/2018) (Entered: 11/05/2018)
2018-11-0830RESPONSE to Defendant's 28 Reply in Support (re 22 MOTION to Dismiss Plaintiff's Complaint as Moot or alternatively for failure to state a claim pursuant to Rule 12(b)(1) and 12(b)(6) ) filed by Shyam K. Chetal. (slhS, COURT STAFF) (Filed on 11/8/2018) (Entered: 11/08/2018)
2018-11-1432MOTION for Extension of Civil Local Rule 7-3 Filing Deadlines for Non-ECF User for 30 Days filed by Shyam K. Chetal. (slhS, COURT STAFF) (Filed on 11/14/2018) (Entered: 11/15/2018)
2018-11-1531ADMINISTRATIVE MOTION continue initial case management conference and extend supplemental brief deadlines filed by Kim Liebhauser, Michael D. Need, Pamela J. Stiles, U.S. Bureau of Land Management, U.S. Department of Interior, Ryan Zinke. Responses due by 11/19/2018. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Certificate/Proof of Service)(Norris, Raven) (Filed on 11/15/2018) (Entered: 11/15/2018)
2018-11-1633Order by Judge Edward M. Chen granting 32 Motion for Extension of Time to File. Plaintiff's supplemental brief due 12/19/2018; defendant's supplemental brief due 1/7/2019. (Attachments: # 1 Certificate/Proof of Service)(afmS, COURT STAFF) (Filed on 11/16/2018) (Entered: 11/16/2018)
2018-11-1634Order by Judge Edward M. Chen granting 31 Administrative Motion to Continue Initial Case Management Conference and Request to Extend Supplemental Brief Deadlines. Initial Case Management Conference set for 1/17/2019 09:30 AM in San Francisco, Courtroom 05, 17th Floor. Case Management Statement due by 1/10/2019. Supplemental briefing: plaintiff's supplemental brief due 12/19/2018; defendant's supplemental brief due 1/7/2019. (Attachments: # 1 Certificate/Proof of Service) (afmS, COURT STAFF) (Filed on 11/16/2018) (Entered: 11/16/2018)
2018-11-2735MOTION to Require Defendants to File Vaughn Index re Ten Sleep Gysum Mine filed by Shyam K. Chetal. Responses due by 12/11/2018. Replies due by 12/18/2018. (Attachments: # 1 Part 2)(slhS, COURT STAFF) (Filed on 11/27/2018) (Entered: 11/30/2018)
2018-12-1136OPPOSITION/RESPONSE (re 35 MOTION to Require Defendants to File Vaughn Index re Ten Sleep Gysum Mine ) filed byKim Liebhauser, Michael D. Need, Pamela J. Stiles, U.S. Bureau of Land Management, U.S. Department of Interior, Ryan Zinke. (Attachments: # 1 Certificate/Proof of Service)(Norris, Raven) (Filed on 12/11/2018) (Entered: 12/11/2018)
2018-12-1337STIPULATION WITH PROPOSED ORDER to Extend Plaintiff's Supplmental Brief Deadline and to Continue CMC filed by Kim Liebhauser, Michael D. Need, Pamela J. Stiles, U.S. Bureau of Land Management, U.S. Department of Interior, Ryan Zinke. (Attachments: # 1 Declaration, # 2 Certificate/Proof of Service)(Norris, Raven) (Filed on 12/13/2018) (Entered: 12/13/2018)
2018-12-1438Order by Judge Edward M. Chen granting 37 Stipulation to Extend Plaintiff's Supplemental Brief Deadline and to Continue CMC. Supplemental briefing is extended as follows: Plaintiff's supplemental brief due 1/22/2019; Defendants' supplemental brief due 2/5/2019. Case Management Conference set for 1/17/2019 is VACATED and RESCHEDULED for 2/28/2019 at 9:30 a.m. Joint CMC statement due 2/21/2019. (Attachments: # 1 Certificate/Proof of Service)(afmS, COURT STAFF) (Filed on 12/14/2018) (Entered: 12/14/2018)
2018-12-14Set Deadlines/Hearings: Case Management Statement due by 2/21/2019. Initial Case Management Conference set for 2/28/2019 09:30 AM in San Francisco, Courtroom 05, 17th Floor. (afmS, COURT STAFF) (Filed on 12/14/2018) (Entered: 12/14/2018)
2019-01-1639STIPULATION WITH PROPOSED ORDER to extend briefing schedule and continue CMC filed by Kim Liebhauser, Michael D. Need, Pamela J. Stiles, U.S. Bureau of Land Management, U.S. Department of Interior, Ryan Zinke. (Attachments: # 1 Declaration, # 2 Certificate/Proof of Service)(Norris, Raven) (Filed on 1/16/2019) (Entered: 01/16/2019)
2019-01-1840Order by Judge Edward M. Chen granting 39 Joint Stipulation to Extend Supplemental Brief Deadline and to Continue Initial Case Management Conference. Joint Case Management Statement due by 3/21/2019. Initial Case Management Conference set for 2/28/2019 is vacated and rescheduled for 3/28/2019 09:30 AM in San Francisco, Courtroom 05, 17th Floor. Supplemental briefs: plaintiff's brief due 2/22/2019; defendant's brief due 3/8/2019. (Attachments: # 1 Certificate/Proof of Service) (afmS, COURT STAFF) (Filed on 1/18/2019) (Entered: 01/18/2019)
2019-01-2241Cross MOTION for Summary Judgment and OPPOSITION to Defendant's Motion for Summary Judgment filed by Shyam K. Chetal. Responses due by 2/5/2019. Replies due by 2/12/2019. (slhS, COURT STAFF) (Filed on 1/22/2019) (Entered: 01/28/2019)
2019-01-2242Declaration in Support of 41 Cross MOTION for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment filed by Shyam K. Chetal. (Attachments: # 1 Part 2)(Related document(s) 41 ) (slhS, COURT STAFF) (Filed on 1/22/2019) (Entered: 01/28/2019)
2019-01-2243MOTION for Renewed Discovery of Bureau of Land Management Pamela Stiles and for in Camera Review filed by Shyam K. Chetal. Responses due by 2/5/2019. Replies due by 2/12/2019. (slhS, COURT STAFF) (Filed on 1/22/2019) (Entered: 01/28/2019)
2019-03-0844OPPOSITION/RESPONSE (re 41 MOTION for Summary Judgment, 43 MOTION Renewed Discovery of Bureau of Land Management Pamela Stiles and for in Camera Review, 22 MOTION to Dismiss Plaintiff's Complaint as Moot or alternatively for failure to state a claim pursuant to Rule 12(b)(1) and 12(b)(6) ) Defendants Court Ordered Response and Opposition to Plaintiff's Cross Motion for Summary Judgment filed byKim Liebhauser, Michael D. Need, Pamela J. Stiles, U.S. Bureau of Land Management, U.S. Department of Interior, Ryan Zinke. (Attachments: # 1 Declaration, # 2 Certificate/Proof of Service)(Norris, Raven) (Filed on 3/8/2019) (Entered: 03/08/2019)
2019-03-0845ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (cmf, COURT STAFF) (Filed on 3/8/2019) (Entered: 03/08/2019)
2019-03-0846Second ADMINISTRATIVE MOTION Request to Continue CMC Unopposed Motion to Continue CMC filed by Kim Liebhauser, Michael D. Need, Pamela J. Stiles, U.S. Bureau of Land Management, U.S. Department of Interior, Ryan Zinke. Responses due by 3/12/2019. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Certificate/Proof of Service)(Norris, Raven) (Filed on 3/8/2019) (Entered: 03/08/2019)
2019-03-1147Order by Judge Edward M. Chen granting 46 Administrative Motion to Continue Initial Case Management Conference. (Attachments: # 1 Certificate/Proof of Service) Joint Case Management Statement due by 4/11/2019. Initial Case Management Conference RESCHEDULED for 4/18/2019 09:30 AM in San Francisco, Courtroom 05, 17th Floor.(afmS, COURT STAFF) (Filed on 3/11/2019) (Entered: 03/11/2019)
2019-03-1248ORDER RE SUPPLEMENTAL BRIEFING AND/OR EVIDENCE re: 29 44 . The agency shall respond to the questions within a week of the date of this order. Signed by Judge Edward M. Chen on 3/12/2019. (Attachments: # 1 Certificate/Proof of Service)(afmS, COURT STAFF) (Filed on 3/12/2019) (Entered: 03/12/2019)
2019-03-1849RESPONSE to Court's Order Re Supplemental Briefing and/or Evidence by Kim Liebhauser, Michael D. Need, Pamela J. Stiles, U.S. Bureau of Land Management, U.S. Department of Interior, Ryan Zinke. (Attachments: # 1 Certificate/Proof of Service)(Winslow, Sara) (Filed on 3/18/2019) (Entered: 03/18/2019)
2019-03-1850Declaration of Timothy Wilson in Support of 49 Response ( Non Motion ), filed byKim Liebhauser, Michael D. Need, Pamela J. Stiles, U.S. Bureau of Land Management, U.S. Department of Interior, Ryan Zinke. (Related document(s) 49 ) (Winslow, Sara) (Filed on 3/18/2019) (Entered: 03/18/2019)
2019-03-1851Request for Judicial Notice re 41 Cross MOTION for Summary Judgment and Opposition to Defendants Motion for Summary Judgment filed by Shyam K. Chetal. (Related document(s) 41 ) (slhS, COURT STAFF) (Filed on 3/18/2019) (Entered: 03/20/2019)
2019-03-1852Memorandum/Statement of Facts re 41 MOTION for Summary Judgment filed by Shyam K. Chetal. (Attachments: # 1 Exhibits (Part 1), # 2 Exhibits (Part 2), # 3 Exhibits (Part 3))(Related document(s) 41 ) (slhS, COURT STAFF) (Filed on 3/18/2019) (Entered: 03/20/2019)
2019-03-2053ORDER by Judge Edward M. Chen Granting in Part and Denying in Part 22 Defendants' Motion for Summary Judgment; Granting in Part and Denying in Part 41 Plaintiff's Motion for Summary Judgment; Denying 35 Plaintiff's Motion for a Vaughn Index; and Denying 43 Plaintiff's Motion for Renewed Discovery. (Attachments: # 1 Certificate/Proof of Service)(emcsec, COURT STAFF) (Filed on 3/20/2019) (Entered: 03/20/2019)
2019-03-2054JUDGMENT. Signed by Judge Edward M. Chen on 3/20/2019. (Attachments: # 1 Certificate/Proof of Service)(emcsec, COURT STAFF) (Filed on 3/20/2019) (Entered: 03/20/2019)
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