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Case TitleWildEarth Guardians v. Office of Surface Mining Reclamation and Enforcement et al
DistrictDistrict of Colorado
CityDenver
Case Number1:2019cv01073
Date Filed2019-04-11
Date ClosedOpen
JudgeChief Judge Philip A. Brimmer
PlaintiffWildEarth Guardians
Case DescriptionWildEarth Guardians submitted a FOIA request to the Office of Surface Mining Reclamation and Enforcement for records concerning the organizations' rulemaking petition to OSMRE which had been approved in 2016. WildEarth Guardians also requested a fee waiver. The agency acknowledged receipt of the request and subsequently told WildEarth Guardians that it was processing the request. However, 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 U.S. Department of the Interior
DefendantU.S. 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
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-04-111COMPLAINT against Office of Surface Mining Reclamation and Enforcement, U.S. Department of the Interior (Filing fee $ 400,Receipt Number 1082-6630942)Attorney Stuart N. Wilcox added to party WildEarth Guardians(pty:pla), filed by WildEarth Guardians. (Attachments: # 1 Exhibit WildEarth Guardians' FOIA Request, # 2 Exhibit Withdrawal of WildEarth Guardians' Petition, # 3 Exhibit WildEarth Guardians' Correpsondence with Defendants, # 4 Exhibit Corporate Disclosure Statement, # 5 Civil Cover Sheet Civil Cover Sheet, # 6 Summons Attorney General Summons, # 7 Summons OSMRE Summons, # 8 Summons Civil Process Clerk Summons, # 9 Summons U.S. Department of the Interior Summons)(Wilcox, Stuart) (Entered: 04/11/2019)
2019-04-122Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (rvill, ) (Entered: 04/12/2019)
2019-04-123SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Magistrate Judge Consent Form) (rvill, ) (Entered: 04/12/2019)
2019-04-154MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Chief Judge Philip A. Brimmer. All future pleadings should be designated as 19-cv-01073-PAB. (athom, ) (Entered: 04/15/2019)
2019-04-185ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak for non-dispositive matters. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, and (4) conduct a pretrial conference and enter a pretrial order. 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, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Chief Judge Philip A. Brimmer on 4/18/19. Text Only Entry (pabsec) (Entered: 04/18/2019)
2019-04-186ORDER Setting Scheduling Conference for 5/24/2019 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak, by Magistrate Judge Scott T. Varholak on 4/18/2019. (jgonz, ) (Entered: 04/19/2019)
2019-04-227SUMMONS Returned Executed upon all Defendants with answer due within 30 days (by 5/22/2019) under the Freedom of Information Act, 5 U.S.C. § 552(a)(4)(C), defendant(s) Office of Surface Mining Reclamation and Enforcement served on 4/22/2019, answer due 6/21/2019; U.S. Department of the Interior served on 4/22/2019, answer due 6/21/2019. (Attachments: # 1 Exhibit Proof of Service of Summons)(Wilcox, Stuart) (Entered: 04/22/2019)
2019-05-038STATUS REPORT by Plaintiff WildEarth Guardians. (Wilcox, Stuart) (Entered: 05/03/2019)
2019-05-039MINUTE ORDER. Pursuant to 8 Status Report filed by WildEarth Guardians, and in light of the fact that Defendants have yet to enter an appearance in this matter, the Scheduling Conference set for 5/24/2019 09:30 AM is VACATED and RESET for 7/8/2019 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. At least 21 days in advance of the scheduling conference, the parties shall meet and attempt to agree upon a scheduling order pursuant to Fed. R. Civ. P. 26(f). The Court strongly encourages the parties to meet face to face, but should that prove impossible, the parties may meet by telephone conference. The parties shall file a joint proposed scheduling order on or before 7/1/2019. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/3/2019. Text Only Entry (stvlc2, ) (Entered: 05/03/2019)
2019-05-1310NOTICE of Entry of Appearance by Kyle W. Brenton on behalf of Office of Surface Mining Reclamation and Enforcement, U.S. Department of the InteriorAttorney Kyle W. Brenton added to party Office of Surface Mining Reclamation and Enforcement(pty:dft), Attorney Kyle W. Brenton added to party U.S. Department of the Interior(pty:dft) (Brenton, Kyle) (Entered: 05/13/2019)
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