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Case TitleWildEarth Guardians v. Office of Surface Mining Reclamation and Enforcement et al
DistrictDistrict of Colorado
CityDenver
Case Number1:2019cv00132
Date Filed2019-01-15
Date Closed2019-12-18
JudgeJudge William J. Martinez
PlaintiffWildEarth Guardians
Case DescriptionWildEarth Guardians submitted a FOIA request to the Bureau of Surface Mining Reclamation and Enforcement for records concerning WildEarth Guardians' rulemaking petition. The agency acknowledged receipt of the request and later told WildEarth Guardians that it had assembled some responsive records. But after hearing nothing further from the agency, WildEarth Guardians filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantOffice of Surface Mining Reclamation and Enforcement a federal agency within the
other US Department of the Interior
DefendantUS Department of the Interior a federal agency
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-01-151COMPLAINT against Department of the Interior, The, Office of Surface Mining Reclamation and Enforcement (Filing fee $ 400,Receipt Number 1082-6485481)Attorney Travis Earl Stills added to party WildEarth Guardians(pty:pla), filed by WildEarth Guardians. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Exhibit Corporate Disclosure, # 4 Summons, # 5 Summons, # 6 Summons)(Stills, Travis) (Entered: 01/15/2019)
2019-01-152Case assigned to Magistrate Judge Nina Y. Wang. Text Only Entry. (rvill, ) (Entered: 01/15/2019)
2019-01-153SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Summons, # 3 Magistrate Judge Consent Form) (rvill, ) (Entered: 01/15/2019)
2019-01-174SUMMONS REQUEST as to US Attorney General re 1 Complaint, by Plaintiff WildEarth Guardians. (Stills, Travis) (Entered: 01/17/2019)
2019-01-185SUMMONS issued by Clerk to Matthew G. Whitaker, Acting U.S. Attorney General. (Attachments: # 1 Magistrate Judge Consent Form) (nmarb, ) (Entered: 01/18/2019)
2019-01-236MINUTE ORDER : A Status Conference is SET for 3/4/2019 10:30 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. By Magistrate Judge Nina Y. Wang on 1.23.2019. Text Only Entry (nywlc1, ) (Entered: 01/23/2019)
2019-01-297SUMMONS Returned Executed upon Freedom of Information Act defendant(s) Office of Surface Mining Reclamation and Enforcement served on 1/18/2019, answer due 3/19/2019; US Department of the Interior served on 1/18/2019, answer due 3/19/2019. (Stills, Travis) (Entered: 01/29/2019)
2019-02-218NOTICE of Entry of Appearance by Chandra Kurien Aitchison on behalf of Office of Surface Mining Reclamation and Enforcement, US Department of the InteriorAttorney Chandra Kurien Aitchison added to party Office of Surface Mining Reclamation and Enforcement(pty:dft), Attorney Chandra Kurien Aitchison added to party US Department of the Interior(pty:dft) (Aitchison, Chandra) (Entered: 02/21/2019)
2019-02-219STRICKEN MOTION to Dismiss Claim One In Part and Claims Two and Three by Defendants Office of Surface Mining Reclamation and Enforcement, US Department of the Interior. (Aitchison, Chandra) Modified on 3/1/2019 to strike pursuant to 18 Order (angar, ). (Entered: 02/21/2019)
2019-02-2110MINUTE ORDER : This matter comes before the court sua sponte. The deadline to submit the Consent/Non-Consent Form is set for on or before Thursday, February 28, 2019. By Magistrate Judge Nina Y. Wang on 2.21.2019. Text Only Entry (nywlc1, ) (Entered: 02/21/2019)
2019-02-2711CONSENT to Jurisdiction of Magistrate Judge by Plaintiff WildEarth Guardians All parties do not consent.. (Stills, Travis) (Entered: 02/27/2019)
2019-02-2712Unopposed MOTION for Leave to Appear Telephonically by Plaintiff WildEarth Guardians. (Stills, Travis) (Entered: 02/27/2019)
2019-02-2713CASE REASSIGNED pursuant to 11 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Robert E. Blackburn. All future pleadings should be designated as 19-cv-00132-REB. (Text Only Entry) (nmarb, ) (Entered: 02/27/2019)
2019-02-2714MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Judge William J. Martinez. All future pleadings should be designated as 19-cv-00132-WJM. (athom, ) (Entered: 02/27/2019)
2019-03-0115ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang. Magistrate Judge Wang, or such other Magistrate Judge who may in the future be reassigned this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 3/1/2019. Text Only Entry (wjmsec, ) (Entered: 03/01/2019)
2019-03-0116ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2018 and as they may be amended from time to time), which may be downloaded here . SO ORDERED by Judge William J. Martinez on 3/ 1/2019. Text Only Entry (wjmsec, ) (Entered: 03/01/2019)
2019-03-0117MEMORANDUM regarding 12 Unopposed MOTION for Leave to Appear Telephonically filed by WildEarth Guardians. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 3/1/2019. Text Only Entry (wjmsec, ) (Entered: 03/01/2019)
2019-03-0118ORDER: This matter is before the Court on Defendants' Motion to Dismiss Claim One, in Part, and Claims Two and Three 9 . Notwithstanding the fact that Defendants filed their Motion before the case had been drawn to the undersigned, the Motion is hereby STRICKEN for non-compliance with the undersigned's Revised Practice Standard III.D.1. This Practice Standard requires counsel to confer prior to filing a motion pursuant to Rule 12(b)(6), in order to discuss whether the alleged deficiency in the operative complaint can be cured by amendment, and to exercise their best efforts to stipulate to such amendment. This Order is without prejudice to any parties filing appropriate motions on similar grounds, in compliance with all applicable federal rules and statutes, and the undersigned's Revised Practice Standards. SO ORDERED by Judge William J. Martinez on 3/1/2019. Text Only Entry (wjmsec, ) (Entered: 03/01/2019)
2019-03-0119ORDER: The Status Conference set for Monday, March 4 is RESET for Wednesday, March 6 at 11:30 a.m. and the court construes the pending Motion to Appear Telephonically as construed towards this new date and GRANTS it as such. Mr. Stills is to call 303.335.2600 at the designated time to participate. By Magistrate Judge Nina Y. Wang on 3.1.2019. Text Only Entry (nywlc1, ) (Entered: 03/01/2019)
2019-03-0420Unopposed MOTION to Reset Status Conference by Defendants Office of Surface Mining Reclamation and Enforcement, US Department of the Interior. (Aitchison, Chandra) (Entered: 03/04/2019)
2019-03-0521MEMORANDUM regarding 20 Unopposed MOTION to Reset Status Conference filed by US Department of the Interior, Office of Surface Mining Reclamation and Enforcement. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 3/5/2019. Text Only Entry (wjmsec, ) (Entered: 03/05/2019)
2019-03-0522ORDER granting 20 Motion to Reset. Status Conference RESET for 3/7/2019 11:30 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. The court once again construes the Motion to Appear Telephonically as construed towards this new date and GRANTS it as such. Mr. Stills is to call 303.335.2600 at the designated time to participate. By Magistrate Judge Nina Y. Wang on 3.5.2019. Text Only Entry (nywlc1, ) (Entered: 03/05/2019)
2019-03-0723COURTROOM MINUTES/MINUTE ORDER for Status Conference held on 3/7/2019 before Magistrate Judge Nina Y. Wang. Defendant shall have up to and including 4/17/2019, to refile dispositive motions pursuant to the Practice Standards of Judge William Martinez. The first production of documents shall be made by Defendant on or before 4/1/2019. The second production of documents shall be made on or before 5/30/2019. A further Status Conference is set for 6/27/2019 10:00 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. FTR: Courtroom A-502. (bwilk, ) (Entered: 03/07/2019)
2019-03-1924NOTICE of Change of Address/Contact Information for Stuart Wilcox by Stuart Nicholas Wilcox (Wilcox, Stuart) (Entered: 03/19/2019)
2019-04-1225Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, and Vacate Final Pretrial Conference while Parties Discuss Settlement by Defendants Office of Surface Mining Reclamation and Enforcement, US Department of the Interior. (Aitchison, Chandra) (Entered: 04/12/2019)
2019-04-1226MEMORANDUM regarding 25 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, and Vacate Final Pretrial Conference while Parties Discuss Settlement filed by US Department of the Interior, Office of Surface Mining Reclamation and Enforcement. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 4/12/2019. Text Only Entry (wjmsec, ) (Entered: 04/12/2019)
2019-04-1527ORDER granting in part 25 Motion for Extension of Time to Answer or Otherwise Respond Defendants' answer deadline extended to 5/8/2019. The motion is denied as moot to the extent it seeks to vacate the Final Pretrial Conference set for 4/17/2019 as there is no such conference scheduled in this case. By Magistrate Judge Nina Y. Wang on 4.15.2019. Text Only Entry (nywlc1, ) (Entered: 04/15/2019)
2019-05-0728Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, while Parties Discuss Settlement by Defendants Office of Surface Mining Reclamation and Enforcement, US Department of the Interior. (Aitchison, Chandra) (Entered: 05/07/2019)
2019-05-0729MEMORANDUM regarding 28 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, while Parties Discuss Settlement filed by US Department of the Interior, Office of Surface Mining Reclamation and Enforcement. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 5/7/2019. Text Only Entry (wjmsec, ) (Entered: 05/07/2019)
2019-05-0730ORDER granting 28 Motion for Extension of Time to Answer or Otherwise Respond. Defendants' answer or response is due by 6/7/2019. By Magistrate Judge Nina Y. Wang on 5/7/2019. Text Only Entry(nywlc2, ) (Entered: 05/07/2019)
2019-06-0631Unopposed MOTION for Leave to Amend Complaint 1 Complaint, by Plaintiff WildEarth Guardians. (Attachments: # 1 Proposed Document First Amended Complaint, # 2 Exhibit Ex 1 - Correspondence Between Plaintiff and Defendant FOIA Officer)(Wilcox, Stuart) (Entered: 06/06/2019)
2019-06-0732MEMORANDUM regarding 31 Unopposed MOTION for Leave to Amend Complaint 1 Complaint, filed by WildEarth Guardians. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 6/7/2019. Text Only Entry (wjmsec, ) (Entered: 06/07/2019)
2019-06-0733MEMORANDUM regarding 31 Unopposed MOTION for Leave to Amend Complaint 1 Complaint, filed by WildEarth Guardians. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 6/7/2019. Text Only Entry (wjmsec, ) (Entered: 06/07/2019)
2019-06-0734ORDER construing 31 Motion for Leave to File Amended Complaint as an amendment by consent pursuant to Fed. R. Civ. P. 15 and Local Rule 15.1. The Clerk of the Court shall docket the attached proposed amended complaint [#31-1] as a separate docket entry. The deadline to refile the defense motion to dismiss is vacated. The Status Conference is RESET for 7/2/2019 10:30 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. A proposed briefing schedule is due on or before 6/25/2019. By Magistrate Judge Nina Y. Wang on 6.7.2019. Text Only Entry(nywlc1, ) (Entered: 06/07/2019)
2019-06-0735AMENDED COMPLAINT against Office of Surface Mining Reclamation and Enforcement, US Department of the Interior, filed by WildEarth Guardians, pursuant to 34 Order. (nmarb, ) (Entered: 06/10/2019)
2019-06-2036ANSWER to 35 Amended Complaint by Office of Surface Mining Reclamation and Enforcement, US Department of the Interior.(Aitchison, Chandra) (Entered: 06/20/2019)
2019-06-2537Proposed Scheduling Order by Defendants Office of Surface Mining Reclamation and Enforcement, US Department of the Interior. (Aitchison, Chandra) (Entered: 06/25/2019)
2019-06-2638Unopposed MOTION for Leave to Appear Telephonically by Plaintiff WildEarth Guardians. (Wilcox, Stuart) (Entered: 06/26/2019)
2019-06-2639MEMORANDUM regarding 38 Unopposed MOTION for Leave to Appear Telephonically filed by WildEarth Guardians. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 6/26/2019. Text Only Entry (wjmsec, ) (Entered: 06/26/2019)
2019-06-2840ORDER granting 38 Motion for Leave to Appear Telephonically. Plaintiff's counsel may appear by phone at the 7/2 Status Conference by contacting chambers on one line at 303.335.2600 at the designated time. By Magistrate Judge Nina Y. Wang on 6.28.2019. Text Only Entry(nywlc1, ) (Entered: 06/28/2019)
2019-07-0241COURTROOM MINUTES/MINUTE ORDER for Status Conference held on 7/2/2019 before Magistrate Judge Nina Y. Wang. Deadline for Defendants' Motion for Summary Judgment is 10/1/2019. Deadline for Plaintiffs Response Brief/Cross Motion for Summary Judgment is 10/28/2019. FTR: Courtroom A-502. (bwilk, ) (Entered: 07/02/2019)
2019-09-1042Unopposed MOTION for Extension of Time to File Summary Judgment Motions While Parties Discuss Settlement by Defendants Office of Surface Mining Reclamation and Enforcement, US Department of the Interior. (Aitchison, Chandra) (Entered: 09/10/2019)
2019-09-1043MEMORANDUM regarding 42 Unopposed MOTION for Extension of Time to File Summary Judgment Motions While Parties Discuss Settlement filed by US Department of the Interior, Office of Surface Mining Reclamation and Enforcement. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 9/10/2019. Text Only Entry (wjmsec, ) (Entered: 09/10/2019)
2019-09-1044ORDER granting 42 Motion for Extension of Time to File Dispositive Motions due by 10/31/2019 by Magistrate Judge Nina Y. Wang on 9/10/2019. Text Only Entry(nywlc1, ) (Entered: 09/10/2019)
2019-10-2345Joint MOTION for Extension of Time to FILE SUMMARY JUDGMENT MOTIONS by Defendants Office of Surface Mining Reclamation and Enforcement, US Department of the Interior. (Aitchison, Chandra) (Entered: 10/23/2019)
2019-10-2346MEMORANDUM regarding 45 Joint MOTION for Extension of Time to FILE SUMMARY JUDGMENT MOTIONS filed by US Department of the Interior, Office of Surface Mining Reclamation and Enforcement. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 10/23/2019. Text Only Entry (wjmsec, ) (Entered: 10/23/2019)
2019-10-2347ORDER granting 45 Motion for Extension of Time to File by Magistrate Judge Nina Y. Wang on 10/23/2019. Dispositive Motions due by 12/2/2019. Text Only Entry(nywlc1, ) (Entered: 10/23/2019)
2019-11-2748Joint MOTION to Vacate 47 Order on Motion for Extension of Time to File and Notice of Settlement Agreement by Plaintiff WildEarth Guardians. (Attachments: # 1 Exhibit)(Stills, Travis) (Entered: 11/27/2019)
2019-12-0249MEMORANDUM regarding 48 Joint MOTION to Vacate 47 Order on Motion for Extension of Time to File and Notice of Settlement Agreement filed by WildEarth Guardians. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 12/2/2019. Text Only Entry (wjmsec, ) (Entered: 12/02/2019)
2019-12-0250ORDER granting 48 Motion to Vacate by Magistrate Judge Nina Y. Wang on 12/2/2019. The Dispositive Motions deadline is VACATED. Dismissal Papers due by 12/23/2019. Text Only Entry(nywlc1, ) (Entered: 12/02/2019)
2019-12-1751Joint MOTION for Order to Administratively Close by Plaintiff WildEarth Guardians. (Attachments: # 1 Proposed Order (PDF Only))(Stills, Travis) (Entered: 12/17/2019)
2019-12-1852ORDER Granting 51 Joint Motion for Administrative Closure. The parties shall file a status report on or before June 23, 2020. ORDERED by Judge William J. Martinez on 12/18/2019. (angar, ) (Entered: 12/19/2019)
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