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Case TitleRocky Mountain Wild, Inc v. Bureau of Land Management et al
DistrictDistrict of Colorado
CityDenver
Case Number1:2019cv03171
Date Filed2019-11-07
Date Closed2023-07-21
JudgeMagistrate Judge Kristen L. Mix
PlaintiffRocky Mountain Wild, INC a Colorado non-profit corporation
Case DescriptionRocky Mountain Wild submitted a FOIA request to the Bureau of Land Management for records concerning the Tres Rios Field Office Area of Critical Environmental Concern amendment to the TRFO Resource Management Plan. The agency acknowledged receipt of the request. After hearing nothing further, RMW filed suit, alleging a pattern or practice by the agency of failing to respond to its requests within the statutory time limit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Bureau of Land Management a federal agency
DefendantBureau of Land Management a federal agency
DefendantDepartment of Interior a federal agency
DefendantUnited States Department of 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
Opinion/Order [38]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-11-071COMPLAINT against Bureau of Land Management, Department of Interior (Filing fee $ 400,Receipt Number 1082-6986646)Attorney Matthew David Sandler added to party Rocky Mountain Wild(pty:pla), filed by Rocky Mountain Wild. (Attachments: # 1 Exhibit May 15, 2019 FOIA Request, # 2 Exhibit August 19, 2019 Response Letter, # 3 Exhibit October 15, 2019 Response Letter, # 4 Civil Cover Sheet Civil Cover Sheet, # 5 Summons Summons BLM, # 6 Summons Summons DOI, # 7 Summons Summons USAG, # 8 Summons Summons USAO)(Sandler, Matthew) (Entered: 11/07/2019)
2019-11-072Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry. (alave, ) (Entered: 11/08/2019)
2019-11-073SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Magistrate Judge Consent Form) (alave, ) (Entered: 11/08/2019)
2019-11-124MEMORANDUM RETURNING CASE by Judge Robert E. Blackburn. This case israndomly reassigned to Magistrate Judge Kristen L. Mix for all further proceedings. This case is randomly reassigned to 19-cv-03171-KLM . (sphil, ) (Entered: 11/12/2019)
2019-12-055NOTICE of Entry of Appearance by Kyle W. Brenton on behalf of United States Department of Interior, United States Bureau of Land ManagementAttorney Kyle W. Brenton added to party United States Department of Interior (pty:dft), Attorney Kyle W. Brenton added to party United States Bureau of Land Management(pty:dft) (Brenton, Kyle) (Entered: 12/05/2019)
2019-12-126Partial MOTION to Dismiss by Defendants United States Department of Interior, United States Bureau of Land Management. (Attachments: # 1 Exhibit A - Installment 3, # 2 Exhibit B - Final Response, # 3 Exhibit C - Protet Letter)(Brenton, Kyle) (Entered: 12/12/2019)
2019-12-167Unopposed MOTION for Extension of Time to File Response/Reply as to 6 Partial MOTION to Dismiss by Plaintiff Rocky Mountain Wild, INC. (Sandler, Matthew) (Entered: 12/16/2019)
2019-12-178MINUTE ORDER by Magistrate Judge Kristen L. Mix on 12/17/19 setting a Preliminary Scheduling Conference for 2/27/2020 10:30 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. (Attachments: # 1 Attachment 1, # 2 Attachment 2) (nmarb, ) (Entered: 12/17/2019)
2019-12-179MINUTE ORDER by Magistrate Judge Kristen L. Mix on 12/17/19 GRANTING 7 Plaintiff's Unopposed Motion for Extension of Time to File Response/Reply. Plaintiff has up to and including January 16, 2020, to file a response to Defendants' Partial Motion to Dismiss [#6].(nmarb, ) (Entered: 12/18/2019)
2020-01-1610RESPONSE to 6 Partial MOTION to Dismiss filed by Plaintiff Rocky Mountain Wild, INC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Stills, Travis) (Entered: 01/16/2020)
2020-01-3011REPLY to Response to 6 Partial MOTION to Dismiss in Support of Partial Motion to Dismiss filed by Defendants United States Department of Interior, United States Bureau of Land Management. (Brenton, Kyle) (Entered: 01/30/2020)
2020-02-2412CONSENT to Jurisdiction of Magistrate Judge by Defendants United States Department of Interior, United States Bureau of Land Management All parties consent.. (Brenton, Kyle) (Entered: 02/24/2020)
2020-02-2513ORDER OF REFERENCE. Pursuant to the consent of the parties to the jurisdiction of the magistrate judge 12 , this case is referred to Magistrate Judge Kristen L. Mix for all purposes pursuant to 28 U.S.C. § 636(c), by Chief Judge Philip A. Brimmer on 2/25/2020. Text Only Entry (pabsec2) (Entered: 02/25/2020)
2020-02-2614Unopposed MOTION for Leave to Appear by Telephone (Travis Stills) by Plaintiff Rocky Mountain Wild, INC. (Stills, Travis) (Entered: 02/26/2020)
2020-02-2615ORDER granting 14 Motion for Leave to Appear by Telephone. Attorney Travis E. Stills may appear by telephone at the Scheduling Conference set for February 27, 2020 at 10:30 a.m. Mr. Stills shall call the Court at 303-335-2770. By Magistrate Judge Kristen L. Mix on February 26, 2020. Text Only Entry(klm) (Entered: 02/26/2020)
2020-02-2716MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Kristen L. Mix on 2/27/2020. FTR: KLM Courtroom A401. (lgale, ) (Entered: 02/27/2020)
2020-03-0117KLM Civil Motions Practice Standards by Magistrate Judge Kristen L. Mix on 3/1/2020. (agarc, ) (Entered: 03/02/2020)
2020-04-1718MOTION for Partial Summary Judgment by Defendants United States Department of Interior, United States Bureau of Land Management. (Attachments: # 1 Declaration of Laura Garcia Hinojosa, # 2 Attachment A, # 3 Attachment B, # 4 Attachment C, # 5 Attachment D, # 6 Attachment E, # 7 Attachment F)(Brenton, Kyle) (Entered: 04/17/2020)
2020-05-0719Unopposed MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Partial Summary Judgment and file Cross Motion for Summary Judgment by Plaintiff Rocky Mountain Wild, INC. (Stills, Travis) (Entered: 05/07/2020)
2020-05-0820MINUTE ORDER by Magistrate Judge Kristen L. Mix on 5/8/20 GRANTING 19 Plaintiff's Unopposed Motion for Extension of Time to File Response/Reply. Plaintiff has up to and including 5/15/20, to file a response to Defendants' Motion for Partial Summary Judgment [#18] and to file a cross motion for summary judgment.(nmarb, ) (Entered: 05/11/2020)
2020-05-1521RESPONSE to 18 MOTION for Partial 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, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit)(Sandler, Matthew) (Entered: 05/15/2020)
2020-05-1522Cross MOTION for Summary Judgment by Plaintiff Rocky Mountain Wild, INC. (Sandler, Matthew) (Entered: 05/15/2020)
2020-05-2223Unopposed MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Partial Summary Judgment , 22 Cross MOTION for Summary Judgment by Defendants United States Department of Interior, United States Bureau of Land Management. (Brenton, Kyle) (Entered: 05/22/2020)
2020-05-2724MINUTE ORDER by Magistrate Judge Kristen L. Mix on 5/27/20 GRANTING 23 Defendants' Unopposed Motion for Extension of Time to File Reply in Support of Motion for Partial Summary Judgment and Response to Cross-Motion for Summary Judgment. Defendants have up to and including June 12, 2020, to file a Reply in support of the Motion for Partial Summary Judgment and a Response to the Cross-Motion for Summary Judgment.(nmarb, ) (Entered: 05/27/2020)
2020-06-1125Unopposed MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Partial Summary Judgment , 22 Cross MOTION for Summary Judgment by Defendants United States Department of Interior, United States Bureau of Land Management. (Brenton, Kyle) (Entered: 06/11/2020)
2020-06-1526MINUTE ORDER by Magistrate Judge Kristen L. Mix on 6/15/20 GRANTING 25 Motion for Extension of Time to File Response/Reply. Defendants have upto and including 7/6/20, to file their Reply in Support of Motion for Partial Summary Judgment [#18] and Response to Cross-Motion for Summary Judgment [#22]. (nmarb, ) (Entered: 06/16/2020)
2020-07-0627REPLY to Response to 18 MOTION for Partial Summary Judgment filed by Defendants United States Department of Interior, United States Bureau of Land Management. (Attachments: # 1 Affidavit Supplemental Declaration of Laura Garcia Hinojosa)(Brenton, Kyle) (Entered: 07/06/2020)
2020-07-0628RESPONSE to 22 Cross MOTION for Summary Judgment filed by Defendants United States Department of Interior, United States Bureau of Land Management. (Brenton, Kyle) (Entered: 07/06/2020)
2020-07-2029REPLY to Response to 22 Cross MOTION for Summary Judgment filed by Plaintiff Rocky Mountain Wild, INC. (Sandler, Matthew) (Entered: 07/20/2020)
2020-09-3030ORDER granting 6 Partial Motion to Dismiss by Magistrate Judge Kristen L. Mix on 9/30/20.(nmarb, ) (Entered: 10/06/2020)
2021-04-1531ADVISORY 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)
2021-04-2032NOTICE of Entry of Appearance by Matthew David Sandler on behalf of Rocky Mountain Wild, INC (Sandler, Matthew) (Entered: 04/20/2021)
2021-09-1433NOTICE of Change of Address/Contact Information by Travis Earl Stills (Stills, Travis) (Entered: 09/14/2021)
2021-09-2134ORDER ON SUMMARY JUDGMENT by Magistrate Judge Kristen L. Mix on 09/21/2021. IT IS FURTHER ORDERED that Plaintiffs Motion for Summary Judgment 22 is GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED that while certain portions of Defendants Motion 18 have been taken under advisement, the Clerk of Court shall terminate this motion for the record. A supplemental order on Defendants Motion 18 will be issued at a later date.(alave, ) (Entered: 09/27/2021)
2021-10-0435MINUTE ORDER by Magistrate Judge Kristen L. Mix on 10/04/2021. IT IS HEREBY ORDERED that the corrected date for the supplemental Vaughn Index to be filed is October 25, 2021. (alave, ) (Entered: 10/04/2021)
2021-10-2536SUPPLEMENT/AMENDMENT to Vaughn Index by Defendants United States Department of Interior, United States Bureau of Land Management. (Attachments: # 1 Supplemental Vaughn Index)(Brenton, Kyle) (Entered: 10/25/2021)
2021-11-2337NOTICE of Filing of Supplemental Search Declaration and Vaughn Index by Defendants United States Department of Interior, United States Bureau of Land Management (Attachments: # 1 Declaration of Laura Garcia Hinojosa Regarding Supplemental Search, # 2 Vaughn Index to Supplemental Search)(Brenton, Kyle) (Entered: 11/23/2021)
2023-07-2038ORDER by Magistrate Judge Kristen L. Mix on 7/20/23. IT IS HEREBY ORDERED that the portion of Defendants Motion 18 that was taken under advisement is now GRANTED. To the extent Plaintiff's Motion 22 addressed this issue, the Motion 22 is DENIED. IT IS FURTHER ORDERED that the new search ordered by the Court was reasonable and complied with the Courts directives in the Order on Summary Judgment 34 .IT IS FURTHER ORDERED that as to the documents withheld in connection with the new search, the withholding of material in two records under Exemption 6 was proper. The withholding of material in one record under Exemption 5 was not proper because the agency did not meet its burden of demonstrating the foreseeable harm requirement.Accordingly, this material shall be produced to RMW. IT IS FURTHER ORDERED that because both Motions for Summary Judgment 18 , 22 have been resolved and were both granted in part and denied in part, judgment shall enter accordingly and the Clerk of Court shall terminate this case. (lgale) (Entered: 07/20/2023)
2023-07-2139JUDGMENT in favor of Plaintiff Rocky Mountain Wild, Inc. as to the portion of Claim One alleging that the search was inadequate. Judgment shall enter in favor of Defendants United States Bureau of Land Management and United States Department of Interior as to the remaining portions of Claim One, Claim Two and Claim Three. by Magistrate Judge Kristen L. Mix on 7/21/23. (lgale, ) (Entered: 07/21/2023)
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