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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
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)
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