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Case TitleRocky Mountain Wild, Inc. v. United States Forest Service et al
DistrictDistrict of Colorado
CityDenver
Case Number1:2018cv03065
Date Filed2018-11-29
Date ClosedOpen
JudgeMagistrate Judge Michael E. Hegarty
PlaintiffRocky Mountain Wild, Inc. a Colorado non-profit corporation
Case DescriptionRocky Mountain Wild submitted FOIA requests to the U.S. Forest Service for records concerning the Village of Wolf Creek. RMW also requested a fee waiver. The agency acknowledged receipt of the request. The Forest Service told RMW that, based on the record, it probably was not entitled to a fee waiver and asked it to narrow the scope of its request. RMW provided further support for its fee waiver request and refused to narrow the scope of its request. After hearing nothing further from the agency, RMW filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Forest Service a federal agency
DefendantUnited States Department of Agriculture a federal agency
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
Complaint attachment 10
Opinion/Order [41]
Opinion/Order [61]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-11-291COMPLAINT against United States Department of Agriculture, United States Forest Service (Filing fee $ 400,Receipt Number 1082-6417150)Attorney Matthew David Sandler added to party Rocky Mountain Wild, Inc.(pty:pla), filed by Rocky Mountain Wild, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Notice of Related Case, # 3 Exhibit 1_July 20, 2018 FOIA Request, # 4 Exhibit 2_August 7, 2018 Letter, # 5 Exhibit 3_August 16, 2018 Response, # 6 Exhibit 4_September 5, 2018 Reply Letters, # 7 Summons Forest Service, # 8 Summons Dept of Agriculture, # 9 Summons US Attorney, # 10 Summons US Attorney General)(Sandler, Matthew) (Entered: 11/29/2018)
2018-11-292Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry (dbera, ) (Entered: 11/30/2018)
2018-11-303SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Magistrate Judge Consent Form) (dbera, ) (Entered: 11/30/2018)
2018-11-304MINUTE ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Michael E. Hegarty on 11/30/2018. Scheduling Conference set for 1/31/2019 10:30 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (mdave, ) (Entered: 11/30/2018)
2018-12-265NOTICE of Entry of Appearance by Jane Elizabeth Bobet on behalf of United States Department of Agriculture, United States Forest ServiceAttorney Jane Elizabeth Bobet added to party United States Department of Agriculture(pty:dft), Attorney Jane Elizabeth Bobet added to party United States Forest Service(pty:dft) (Bobet, Jane) (Entered: 12/26/2018)
2018-12-266First MOTION for Extension of Time to File Answer or Otherwise Respond by Defendants United States Department of Agriculture, United States Forest Service. (Attachments: # 1 Proposed Order (PDF Only))(Bobet, Jane) (Entered: 12/26/2018)
2018-12-277MINUTE ORDER granting 6 Defendants Motion for Extension of Time Due to Lapse inCongressional Appropriations by Magistrate Judge Michael E. Hegarty on 12/27/2018. United States Department of Agriculture answer due 1/17/2019; United States Forest Service answer due 1/17/2019. (mdave, ) (Entered: 12/27/2018)
2019-01-148MOTION for Extension of Time to Vacate and Reset Scheduling Conference by Defendants United States Department of Agriculture, United States Forest Service. (Attachments: # 1 Proposed Order (PDF Only))(Bobet, Jane) (Entered: 01/14/2019)
2019-01-149MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 1/14/2019 granting 8 Motion for Extension of Time and to Vacate and Reset Scheduling Conference Due to Lapse in Appropriations. United States Department of Agriculture answer due 1/31/2019; United States Forest Service answer due 1/31/2019. Scheduling Conference is VACATED and RESET to 2/21/2019 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (tsher, ) (Entered: 01/14/2019)
2019-01-2810MOTION for Extension of Time to File Answer or Otherwise Respond by Defendants United States Department of Agriculture, United States Forest Service. (Attachments: # 1 Proposed Order (PDF Only))(Bobet, Jane) (Entered: 01/28/2019)
2019-01-2911MINUTE ORDER granting 10 Motion for Extension of Time by Magistrate Judge Michael E. Hegarty on 1/29/2019. United States Department of Agriculture answer due 2/14/2019; United States Forest Service answer due 2/14/2019. (mdave, ) (Entered: 01/29/2019)
2019-02-0612MOTION to Vacate Scheduling Conference and Related Deadlines by Defendants United States Department of Agriculture, United States Forest Service. (Attachments: # 1 Proposed Order (PDF Only))(Bobet, Jane) (Entered: 02/06/2019)
2019-02-0613MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 2/6/2019. Consent Form due by 2/11/2019. (tsher, ) (Entered: 02/06/2019)
2019-02-0814CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Rocky Mountain Wild, Inc. All parties consent.. (Sandler, Matthew) (Entered: 02/08/2019)
2019-02-1115BRIEF in Opposition to 12 MOTION to Vacate Scheduling Conference and Related Deadlines filed by Plaintiff Rocky Mountain Wild, Inc.. (Sandler, Matthew) (Entered: 02/11/2019)
2019-02-1216REPLY to Response to 12 MOTION to Vacate Scheduling Conference and Related Deadlines filed by Defendants United States Department of Agriculture, United States Forest Service. (Bobet, Jane) (Entered: 02/12/2019)
2019-02-1217ORDER OF REFERENCE Upon Consent to Jurisdiction of Magistrate Judge: Pursuant to the parties' consent 14 and 28 USC 636(c), this case is referred to Magistrate Judge Hegarty to fully preside over for all purposes. By Chief Judge Marcia S. Krieger on 2/12/19. Text Only Entry (msklc2, ) (Entered: 02/12/2019)
2019-02-1218MINUTE ORDER granting 12 Motion to Vacate by Magistrate Judge Michael E. Hegarty on 2/12/2019. Scheduling Conference is converted to a Status Conference and is set for 2/21/2019 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (tsher, ) (Entered: 02/12/2019)
2019-02-1419Partial MOTION to Dismiss by Defendants United States Department of Agriculture, United States Forest Service. (Bobet, Jane) (Entered: 02/14/2019)
2019-02-2120COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty. Status Conference held on 2/21/2019. Defendants shall produce the first of the rolling production of documents on or before 3/7/2019. Plaintiffs response to the 19 Partial Motion to Dismiss by Defendants is due on or before 3/22/2019. Status Conference set for 3/22/2019 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. FTR: Courtroom A501. (mdave, ) (Entered: 02/21/2019)
2019-03-1421MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 3/14/2019. Status Conference set for 3/22/2019 will commence at 09:45 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (tsher, ) (Entered: 03/14/2019)
2019-03-2122Partial MOTION to Dismiss Without Prejudice Claims Two and Three by Plaintiff Rocky Mountain Wild, Inc.. (Attachments: # 1 Exhibit March 6 Letter)(Sandler, Matthew) (Entered: 03/21/2019)
2019-03-2223ORDER denying as moot 19 Defendants' Partial Motion to Dismiss; and granting 22 Plaintiff's Motion to Voluntarily Dismiss Without Prejudice Claims Two and Three by Magistrate Judge Michael E. Hegarty on 03/22/2019. Pursuant to Fed. R. Civ. P. 41(a)(2), claims two and three are dismissed without prejudice. (mdave, ) (Entered: 03/22/2019)
2019-03-2224COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Status Conference held on 3/22/2019. Status Conference set for 4/23/2019 01:15 PM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. FTR: Courtroom A501. (mdave, ) (Entered: 03/22/2019)
2019-04-0225Unopposed MOTION 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 Proposed Order (PDF Only))(Bobet, Jane) (Entered: 04/02/2019)
2019-04-0326MINUTE ORDER granting 25 Motion for Extension of Time to Answer or Otherwise Respond by Magistrate Judge Michael E. Hegarty on 4/3/2019. United States Department of Agriculture answer due 4/15/2019; United States Forest Service answer due 4/15/2019. (tsher, ) (Entered: 04/03/2019)
2019-04-1527ANSWER to 1 Complaint,, by United States Department of Agriculture, United States Forest Service.(Bobet, Jane) (Entered: 04/15/2019)
2019-04-1828MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 4/18/2019. Status Conference set for 4/23/2019 will commence at 01:45 PM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (tsher, ) (Entered: 04/18/2019)
2019-04-2329COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Status Conference held on 4/23/2019. ORDERED: Defendants shall produce 3,000 documents per week from this point forward. Status Conference set for 5/23/2019 10:30 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. Mr. Stills may appear by telephone. Amended per 32 Minute Order FTR: Courtroom A501. (mdave, ) Modified on 5/6/2019 to amend (mdave, ). (Entered: 04/23/2019)
2019-04-2930TRANSCRIPT of TRANSCRIPT OF PROCEEDINGS held on 04/23/2019 before Magistrate Judge Hegarty. Pages: 1-20. Prepared by: AB Court Reporting & Video, Inc.. 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. (AB Court Reporting & Video, Inc., ) (Entered: 04/29/2019)
2019-05-0131MOTION to Amend/Correct/Modify 29 Status Conference,, Set/Reset Deadlines/Hearings, Minute Order dated April 23, 2019 by Defendants United States Department of Agriculture, United States Forest Service. (Attachments: # 1 Exhibit Transcript of April 23, 2019 Status Conference, # 2 Proposed Order (PDF Only))(Bobet, Jane) (Entered: 05/01/2019)
2019-05-0632MINUTE ORDER granting 31 Motion to Amend Minute Order Dated April 23, 2019 by Magistrate Judge Michael E. Hegarty on 05/06/2019. The Courtroom Minutes/Minute Order at ECF No. 29 is amended as follows: "Defendants shall produce 3,000 documents per week from this point forward" is amended to read "Defendant shall produce 3,000 pages per week from this point forward." (mdave, ) (Entered: 05/06/2019)
2019-05-2333COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Status Conference held on 5/23/2019. FTR: Courtroom A501. (mdave, ) (Entered: 05/23/2019)
2019-06-1334MOTION for Order to Direct Plaintiff to Return or Destroy, and Refrain from Using or Further Disseminating, Inadvertently Produced Documents by Defendants United States Department of Agriculture, United States Forest Service. (Attachments: # 1 Declaration of David Condit, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Proposed Order (PDF Only))(Bobet, Jane) (Entered: 06/13/2019)
2019-06-1735MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 6/17/2019. Before the Court is Defendants' Motion for Order Directing Plaintiff to Return or Destroy, and Refrain from Using or Further Disseminating, Inadvertently Produced Documents. ECF No. 34 . According to the motion, Plaintiff opposes the relief sought in the motion. Therefore, Plaintiff shall file a written response to the motion on or before July 1, 2019 . Defendants may file a reply on or before July 8, 2019 . (agarc, ) (Entered: 06/17/2019)
2019-07-0136RESPONSE to 34 MOTION for Order to Direct Plaintiff to Return or Destroy, and Refrain from Using or Further Disseminating, Inadvertently Produced Documents filed by Plaintiff Rocky Mountain Wild, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit)(Stills, Travis) (Entered: 07/01/2019)
2019-07-0237Unopposed MOTION for Leave to File Excess Pages by Plaintiff Rocky Mountain Wild, Inc.. (Stills, Travis) (Entered: 07/02/2019)
2019-07-0338MINUTE ORDER granting 37 Plaintiff's Unopposed Motion Requesting Additional Pages by Magistrate Judge Michael E. Hegarty on 07/03/2019. The Court accepts Plaintiffs response to Defendants' Expedited Motion for Order Directing Plaintiff to Return or Destroy, and Refrain from Using or Further Disseminating Inadvertently Produced Documents as filed. The page limit for Defendants'reply brief is correspondingly expanded to nineteen pages.(mdave, ) (Entered: 07/03/2019)
2019-07-0839TRANSCRIPT of TRANSCRIPT OF PROCEEDINGS held on 03/22/2019 before Magistrate Judge Hegarty. Pages: 1-12. Prepared by: AB Court Reporting & Video, Inc.. 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. (AB Court Reporting & Video, Inc., ) (Entered: 07/08/2019)
2019-07-0840REPLY to Response to 34 MOTION for Order to Direct Plaintiff to Return or Destroy, and Refrain from Using or Further Disseminating, Inadvertently Produced Documents filed by Defendants United States Department of Agriculture, United States Forest Service. (Attachments: # 1 Exhibit D)(Bobet, Jane) (Entered: 07/08/2019)
2019-07-1241ORDER granting 34 Defendant's Expedited Motion for Order Directing Plaintiff to Return or Destroy, and Refrain from Using or Further Disseminating, Inadvertently Produced Documents by Magistrate Judge Michael E. Hegarty on 07/12/2019.(mdave, ) (Entered: 07/12/2019)
2020-05-1942MINUTE ORDER, by Magistrate Judge Michael E. Hegarty on 5/19/2020. This matter comes before the Court sua sponte. On or before June 1, 2020, the parties shallfile a Status Report informing the Court of the status of this case and, if appropriate, proposing a briefing schedule for any dispositive motion anticipated to be filed in this case. (apesa, ) (Entered: 05/19/2020)
2020-06-0143Joint STATUS REPORT by Defendants United States Department of Agriculture, United States Forest Service. (Bobet, Jane) (Entered: 06/01/2020)
2020-08-0644MOTION for Order to Set Summary Judgment Briefing Schedule by Defendants United States Department of Agriculture, United States Forest Service. (Bobet, Jane) (Entered: 08/06/2020)
2020-08-0645MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 6 August 2020. Before the Court is Defendants' Motion for Order Setting Summary Judgment Briefing Schedule (ECF 44 ). Defendant indicates that Plaintiff is opposed to the relief requested. Mot. at 6, 8. Given the relief sought, the Court will set the following expedited briefing schedule on this Motion: Plaintiff shall file a response on or before August 13, 2020, and Defendants may file a reply on or before August 17, 2020. (cmadr, ) (Entered: 08/07/2020)
2020-08-1246RESPONSE to 44 MOTION for Order to Set Summary Judgment Briefing Schedule RE Status Report 43 filed by Plaintiff Rocky Mountain Wild, Inc.. (Stills, Travis) (Entered: 08/12/2020)
2020-08-1747REPLY to Response to 44 MOTION for Order to Set Summary Judgment Briefing Schedule filed by Defendants United States Department of Agriculture, United States Forest Service. (Bobet, Jane) (Entered: 08/17/2020)
2020-08-1848ORDER by Magistrate Judge Michael E. Hegarty on 18 August 2020. Defendants' "Motion for Order Setting Summary Judgment Briefing Schedule" 44 is granted. The dispositive motion deadlines in this case are as follows: Defendants' motion for summary judgment: September 11, 2020; Plaintiff's response and any cross-motion for summary judgment: October 2, 2020; Defendants' reply in support of their motion and response to Plaintiff's motion: October 23, 2020; and Plaintiff's reply in support of its motion: November 6, 2020.(cmadr, ) (Entered: 08/18/2020)
2020-09-1149MOTION for Summary Judgment by Defendants United States Department of Agriculture, United States Forest Service. (Attachments: # 1 Hagen Decl., # 2 Sloan Decl., # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I)(Bobet, Jane) (Entered: 09/11/2020)
2020-09-1550Unopposed MOTION for Extension of Time to File Response/Reply as to 49 MOTION for Summary Judgment and Cross Motion for Summary Judgment by Plaintiff Rocky Mountain Wild, Inc.. (Stills, Travis) (Entered: 09/15/2020)
2020-09-1751Minute ORDER by Magistrate Judge Michael E. Hegarty on 17 September 2020. Plaintiff's Unopposed Motion to Extend Briefing Schedule 50 is granted. The summary judgment briefing schedule set by the Court on August 18, 2020 (ECF 48 ) is modified as follows: Plaintiff's response and any cross-motion for summary judgment: October 30, 2020. Defendants' reply in support of their motion and response to Plaintiff's motion: November 20, 2020. Plaintiff's reply in support of its motion: December 4, 2020. (cmadr, ) (Entered: 09/17/2020)
2020-10-3052RESPONSE to 49 MOTION for Summary Judgment filed by Plaintiff Rocky Mountain Wild, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Stills, Travis) (Entered: 10/30/2020)
2020-10-3053Cross MOTION for Summary Judgment by Plaintiff Rocky Mountain Wild, Inc.. (Stills, Travis) (Entered: 10/30/2020)
2020-11-1854MOTION for Extension of Time to File Response/Reply as to 49 MOTION for Summary Judgment , 53 Cross MOTION for Summary Judgment by Defendants United States Department of Agriculture, United States Forest Service. (Bobet, Jane) (Entered: 11/18/2020)
2020-11-1955RESPONSE to 54 MOTION for Extension of Time to File Response/Reply as to 49 MOTION for Summary Judgment , 53 Cross MOTION for Summary Judgment filed by Plaintiff Rocky Mountain Wild, Inc.. (Stills, Travis) (Entered: 11/19/2020)
2020-11-1956REPLY to Response to 54 MOTION for Extension of Time to File Response/Reply as to 49 MOTION for Summary Judgment , 53 Cross MOTION for Summary Judgment filed by Defendants United States Department of Agriculture, United States Forest Service. (Bobet, Jane) (Entered: 11/19/2020)
2020-11-1957ORDER by Magistrate Judge Michael E. Hegarty on 19 November 2020. Defendants' Motion 54 is granted, and the summary judgment briefing schedule is modified as follows: Defendants' reply in support of their motion and response to Plaintiff's motion: December 11, 2020; Plaintiff's reply in support of its motion: December 28, 2020. (cmadr, ) (Entered: 11/19/2020)
2020-12-1158REPLY to Response to 49 MOTION for Summary Judgment and response to cross-motion (ECF No. 53) filed by Defendants United States Department of Agriculture, United States Forest Service. (Attachments: # 1 Supp. Sloan Decl.)(Bobet, Jane) (Entered: 12/11/2020)
2020-12-2859REPLY to Response to 53 Cross MOTION for Summary Judgment filed by Plaintiff Rocky Mountain Wild, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Stills, Travis) (Entered: 12/28/2020)
2021-02-0560STATUS REPORT by Defendants United States Department of Agriculture, United States Forest Service. (Attachments: # 1 Exhibit A)(Bobet, Jane) (Entered: 02/05/2021)
2021-03-0461ORDER granting 49 Motion for Summary Judgment; denying 53 Motion for Summary Judgment by Magistrate Judge Michael E. Hegarty on 4 March 2021.(cmadr, ) (Entered: 03/04/2021)
2021-04-1562ADVISORY NOTICE TO ATTORNEY AND COURT: Under D.C.COLO.LAttyR 3(a), Matthew David Sandler was administratively removed from the court's attorney roll and barred from filing electronically under CM/ECF for failing to pay the 2020 Biennial Fee. Counsel must complete a Bar/ECF application through counsel's existing Attorney Services Portal account and pay the full application fee to be restored to the attorney roll and CM/ECF. Upon reinstatement, counsel must file a Notice of Entry of Appearance in this case. (Text Only Entry) (ebutl) (Entered: 04/15/2021)
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