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Case TitleKortlander et al v. Bureau of Land Management et al
DistrictDistrict of Montana
City
Case Number1:2010cv00132
Date Filed2010-10-25
Date Closed2011-09-14
Judge
PlaintiffChristopher Kortlander
PlaintiffCuster Battlefied Museum Inc.
PlaintiffHistorical Rarities Inc.
DefendantBureau of Land Management
DefendantDepartment of the Interior
DefendantKen Salazar In his official capacity of Secretary of the Interior
AppealNinth Circuit 04-35230
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
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2010-10-251COMPLAINT against Bureau of Land Management, Department of the Interior, Ken Salazar, filed by Christopher Kortlander, Historical Rarities, Custer Battlefied Museum. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Civil Cover Sheet) (JDH, ) (Entered: 10/25/2010)
2010-10-252Summons Issued as to Bureau of Land Management, Department of the Interior and Ken Salazar. (JDH) (Entered: 10/26/2010)
2010-10-253MOTION by Attorney for Leave to File Conventionally in This Case Harold G. Stanton appearing for Plaintiffs Custer Battlefied Museum, Historical Rarities, Christopher Kortlander Motions referred to Carolyn S Ostby. (Attachments: # 1 Text of Proposed Order) (JDH, ) (Entered: 10/26/2010)
2010-10-25Filing fee received: $ 350, receipt number MTX100005013. (JDH) (Entered: 11/01/2010)
2010-10-264Mailing of Consent Magistrate Judge as Presiding Judge. Conventionally mailed to counsel Harold G. Stanton. Consent/Objection to USMJ Form due by 11/29/2010. (JDH) (Entered: 10/26/2010)
2010-10-265ORDER granting 3 Motion by Attorney for Leave to File Conventionally in This Case. Signed by Magistrate Carolyn S Ostby on 10/26/2010. (Hard copy mailed to H. Stanton.) (JDH, ) (Entered: 10/26/2010)
2010-11-246Summons Issued as to Bureau of Land Management, Department of the Interior, Ken Salazar, U.S. Attorney and U.S. Attorney General. (JDH) (Entered: 12/01/2010)
2010-12-227Defendants' ANSWER to 1 Complaint, by Bureau of Land Management, Department of the Interior, Ken Salazar. (Francis, Victoria) (Entered: 12/22/2010)
2010-12-228Mailing of Consent to assign Magistrate Judge as Presiding Judge. Electronically-mailed to counsel Victoria L. Francis. Consent/Objection to USMJ Form due to the Court by 1/24/2011. (POC, ) (Entered: 12/22/2010)
2010-12-239ORDER SETTING TELEPHONIC PRELIMINARY PRETRIAL CONFERENCE AND ASSOCIATED DEADLINES. PLEASE READ ORDER FOR DETAILSPreliminary Pretrial Statement due by 1/20/2011. Joint Discovery Plan due by 1/18/2011. Telephonic Pretrial Conference set for 1/27/2011 02:00 PM in Billings, MT before Magistrate Carolyn S Ostby. Signed by Magistrate Carolyn S Ostby on 12/23/2010. (Copy of the order mailed to Harold Stanton) (ACL, ) (Entered: 12/23/2010)
2010-12-2710ORDER REASSIGNING CASE to Judge Richard F. Cebull and REFERRING CASE to Magistrate Carolyn S. Ostby. Signed by Judge Richard F. Cebull on 12/27/2010. (Hard copy to H. Stanton.) (JDH) (Entered: 12/27/2010)
2011-01-1811NOTICE by Bureau of Land Management, Department of the Interior, Ken Salazar Defendants' Proposed Case Mangement Plan (Francis, Victoria) (Entered: 01/18/2011)
2011-01-2012PRELIMINARY PRETRIAL STATEMENT by Bureau of Land Management, Department of the Interior, Ken Salazar. (Francis, Victoria) (Entered: 01/20/2011)
2011-01-2113NOTICE of filing PROPOSED CASE MANAGEMENT PLAN by Custer Battlefied Museum, Historical Rarities, Christopher Kortlander. (KCJ) (Entered: 01/21/2011)
2011-01-2514PRELIMINARY PRETRIAL STATEMENT by Custer Battlefied Museum, Historical Rarities, Christopher Kortlander. (JDH) (Entered: 01/25/2011)
2011-01-2715Minute Entry for proceedings held before Magistrate Carolyn S Ostby: Initial Pretrial Conference held on 1/27/2011. (WMM, ) (Entered: 01/27/2011)
2011-01-2716SCHEDULING ORDER: Amended Pleadings due by 2/28/2011. Joinder of Parties due by 2/28/2011. Signed by Magistrate Carolyn S Ostby on 1/27/2011. SEE ORDER FOR ADDITIONAL DEADLINES. (Hard copy to H. Stanton.) (JDH, ) (Entered: 01/27/2011)
2011-02-0417MOTION for Summary Judgment and MOTION for Appointment of Special Master Harold G. Stanton appearing for Plaintiffs Custer Battlefied Museum, Historical Rarities, Christopher Kortlander. Motions referred to Carolyn S Ostby. (JDH) (Entered: 02/04/2011)
2011-02-0418Brief in Support re 17 MOTION for Summary Judgment MOTION for Appointment of Special Master filed by Custer Battlefied Museum, Historical Rarities, Christopher Kortlander. (JDH, ) (Entered: 02/04/2011)
2011-02-0419AFFIDAVIT of Christopher Kortlander re 17 MOTION for Summary Judgment MOTION for Appointment of Special Master by Custer Battlefied Museum, Historical Rarities, Christopher Kortlander. (JDH, ) (Entered: 02/04/2011)
2011-02-0420Statement of Undisputed Fact re: 17 MOTION for Summary Judgment MOTION for Appointment of Special Master. (Attachments: # 1 Exhibit 1 - Flow Chart) (JDH, ) (Entered: 02/04/2011)
2011-02-0421MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment MOTION for Appointment of Special Master Victoria L. Francis appearing for Defendants Bureau of Land Management, Department of the Interior, Ken Salazar Motions referred to Carolyn S Ostby. (Attachments: # 1 Text of Proposed Order) (Francis, Victoria) (Entered: 02/04/2011)
2011-02-1122Brief/Memorandum in Support re 21 MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment MOTION for Appointment of Special Master MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment MOTION for Appointment of Special Master filed by Bureau of Land Management, Department of the Interior. (Francis, Victoria) (Entered: 02/11/2011)
2011-02-2223RESPONSE to Motion re 21 MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment and MOTION for Appointment of Special Master filed by Custer Battlefied Museum, Historical Rarities, Christopher Kortlander. (NOB) (Entered: 02/22/2011)
2011-03-0124UNOPPOSED MOTION TO EXTEND TIME FOR PLAINTIFFS TO AMEND PLEADINGS, filed by Harold G. Stanton appearing for Plaintiffs Christopher Kortlander, Custer Battlefied Museum, and Historical Rarities. Motion referred to Carolyn S Ostby. (Attachments: #(1) Proposed Order) (POC, ) (Orig. delivered to CSO chambers.) (Entered: 03/02/2011)
2011-03-0325ORDER OF RECUSAL. Magistrate Carolyn S. Ostby recused. Signed by Magistrate Judge Carolyn S. Ostby on on 3/3/2011. (KCJ) Modified on 3/3/2011 to show copy mailed to Stanton. (KCJ). Modified on 3/25/2011 to edit text to correct signing Judge name.(KCJ). (Entered: 03/03/2011)
2011-03-0426REPLY to Response to Motion re 21 MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment MOTION for Appointment of Special Master MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment MOTION for Appointment of Special Master filed by Bureau of Land Management, Department of the Interior. (Francis, Victoria) (Entered: 03/04/2011)
2011-03-2527ORDER granting 24 Plaintiffs' Motion for Extension of Time to Amend Pleadings re 16 Scheduling Order. Deadline is extended to 3/31/2011. Signed by Judge Richard F. Cebull on 3/25/2011. (EMA) Modified on 3/29/2011 copies mailed to Harold Stanton (ACL, ). (Entered: 03/25/2011)
2011-03-2528ORDER granting 21 Defendants' Motion for Extension of Time to File Responses re 17 MOTION for Summary Judgment and MOTION for Appointment of Special Master. Responses due by 4/29/2011. Signed by Judge Richard F. Cebull on 3/25/2011. (EMA) Modified on 3/29/2011 to indicate copies mailed to Harold Stanton (ACL, ). (Entered: 03/25/2011)
2011-03-3129Unopposed MOTION for Extension of Time to File Vaughn Index and Search Declaration (seeking a one-day extension) Victoria L. Francis appearing for Defendants Bureau of Land Management, Department of the Interior, Ken Salazar (Attachments: # 1 Text of Proposed Order) (Francis, Victoria) (Entered: 03/31/2011)
2011-03-3130ORDER granting 29 Motion for Extension of Time to File Vaughn Index and Search Declaration. Signed by Judge Richard F. Cebull on 3/31/2011. (EMA) (Entered: 03/31/2011)
2011-03-3131UNOPPOSED MOTION for Extension of Time to Amend Pleadings by Plaintiffs Custer Battlefied Museum, Historical Rarities, Christopher Kortlander. (Attachments: # 1 Text of Proposed Order) (NOB) Modified on 3/31/2011 to indicate that hard copy of proposed order placed on RFC shelf. (NOB) Modified on 3/31/2011 to correct text. (KCJ). (Entered: 03/31/2011)
2011-03-3132ORDER granting 31 Plaintiffs' second Motion for Extension of Time to Amend Pleadings. Deadline extended to 4/29/2011. Signed by Judge Richard F. Cebull on 3/31/2011. (EMA) (Entered: 03/31/2011)
2011-04-01Reset Deadlines: Amended Pleadings due by 4/29/2011. (KCJ) (Entered: 04/01/2011)
2011-04-0133NOTICE by Bureau of Land Management, Department of the Interior, Ken Salazar re 16 Scheduling Order, 30 Order on Motion for Extension of Time to File [actually not NOTICE, but VAUGHN INDEX] (Francis, Victoria) (Entered: 04/01/2011)
2011-04-0134AFFIDAVIT/DECLARATION re 16 Scheduling Order, 30 Order on Motion for Extension of Time to File OF DEBORAH M. DeBOCK by Bureau of Land Management, Department of the Interior, Ken Salazar. (Attachments: # 1 Exhibit 1 - USA1-2, # 2 Exhibit 2 - USA3-4, # 3 Exhibit 3 - USA5-24, # 4 Exhibit 4 - USA26-27, # 5 Exhibit 5 - USA31-32, # 6 Exhibit 6 - USA33-42, # 7 Exhibit 7 - USA45, # 8 Exhibit 7A -USA25, # 9 Exhibit 8 - USA28, # 10 Exhibit 9 - USA29-30, # 11 Exhibit 10 - USA43, # 12 Exhibit 11 - USA46-54, # 13 Exhibit 12 - USA55-58, # 14 Exhibit 13 - USA59-62, # 15 Exhibit 14 - USA63-66, # 16 Exhibit 15 - USA67-68, # 17 Exhibit 16 - USA69-70, # 18 Exhibit 17 - USA71-73, # 19 Exhibit 18 - USA74-77, # 20 Exhibit 19 - USA78-79, # 21 Exhibit 20 - Details of Doc Search) (Francis, Victoria) (Entered: 04/01/2011)
2011-04-1535NOTICE by Bureau of Land Management, Department of the Interior, Ken Salazar re 33 Notice (Other) OF REVIEW OF INFO WITHHELD UNDER "HIGH" 5 USC 552(b)(2) EXEMPTION (Francis, Victoria) (Entered: 04/15/2011)
2011-04-2936MOTION for Summary Judgment Victoria L. Francis appearing for Defendants Bureau of Land Management, Department of the Interior, Ken Salazar (Francis, Victoria) (Entered: 04/29/2011)
2011-04-2937Brief/Memorandum in Support re 36 MOTION for Summary Judgment filed by Bureau of Land Management, Department of the Interior, Ken Salazar. (Francis, Victoria) (Entered: 04/29/2011)
2011-04-2938Statement of Undisputed Fact re: 36 MOTION for Summary Judgment by Bureau of Land Management, Department of the Interior, Ken Salazar filed by Bureau of Land Management, Department of the Interior, Ken Salazar. (Francis, Victoria) (Entered: 04/29/2011)
2011-04-2939AFFIDAVIT/DECLARATION re 34 Affidavit/Declaration,,, 36 MOTION for Summary Judgment [FIRST SUPPL DECLARATION OF DEBBIE DEBOCK] by Bureau of Land Management, Department of the Interior, Ken Salazar. (Attachments: # 1 Exhibit 21, USA80-85 (BLM discl. letter dated 02-04-2011), # 2 Exhibit 22, USA86-88 (BLM discl. letter dated 02-28-2011)) (Francis, Victoria) (Entered: 04/29/2011)
2011-04-2940AFFIDAVIT/DECLARATION re 36 MOTION for Summary Judgment [DECLARATION OF ASSISTANT U.S. ATTORNEY VICTORIA L. FRANCIS] by Bureau of Land Management, Department of the Interior, Ken Salazar. (Attachments: # 1 Exhibit 23 (Letter from USAO to Attny Stanton dated 02-10-2011) (Francis, Victoria) (Entered: 04/29/2011)
2011-04-2941NOTICE by Bureau of Land Management, Department of the Interior, Ken Salazar re 33 Notice (Other), 36 MOTION for Summary Judgment (Francis, Victoria) (Entered: 04/29/2011)
2011-04-2942RESPONSE to Motion re 17 MOTION for Summary Judgment MOTION for Appointment of Special Master filed by Bureau of Land Management, Department of the Interior, Ken Salazar. (Francis, Victoria) (Entered: 04/29/2011)
2011-04-29Notice of Correction: re: 40 Affidavit/Declaration. The Affidavit has an electronic signature. Pursuant to Local Rule 11.1(d), it must be signed conventionally. Filer has been contacted and will refile the Declaration with the proper signature. (KCJ) (Entered: 04/29/2011)
2011-04-2943DISREGARD...INCORRECT PDF ATTACHED. DECLARATION REFILED AS 44 . AFFIDAVIT/DECLARATION re 36 MOTION for Summary Judgment [DECL OF AUSA VICTORIA L. FRANCIS - signed] by Bureau of Land Management, Department of the Interior, Ken Salazar. (Attachments: # 1 Exhibit 23 (USAO letter to Attny Stanton dated 02-10-11)) (Francis, Victoria) Modified on 5/20/2011 to edit text. (KCJ) (Entered: 04/29/2011)
2011-05-2044AFFIDAVIT/DECLARATION re 43 Affidavit/Declaration, 36 MOTION for Summary Judgment [SIGNED DECLARATION OF AUSA VICTORIA L. FRANCIS DATED 04-29-2011--re-filed because Clerk's office advised incorrect Declaration was filed in error under Dkt. #43] by Bureau of Land Management, Department of the Interior, Ken Salazar. (Attachments: # 1 Exhibit 23 - Ltr dated 02-10-2011 from AUSA Francis to Attorney Stanton) (Francis, Victoria) (Entered: 05/20/2011)
2011-06-0145UNOPPOSED MOTION TO EXTEND TIME FOR PLAINTIFFS TO AMEND PLEADINGS AND MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment MOTION for Appointment of Special Master, 36 MOTION for Summary Judgment Harold G. Stanton appearing for Plaintiffs Custer Battlefied Museum, Historical Rarities, Christopher Kortlander (Attachments: # 1 Text of Proposed Order)(Original placed on RFC shelf for review and a copy of the NEF mailed to Harold Stanton) (ACL, ) (Entered: 06/01/2011)
2011-06-1346ORDER granting Plaintiffs' 45 third Motion for Extension of Time to Amend Pleadings and to file Response/Reply re 17 MOTION for Summary Judgment; MOTION for Appointment of Special Master and 36 MOTION for Summary Judgment. Deadline for all is 6/17/2011. Signed by Judge Richard F. Cebull on 6/13/2011. (EMA) Modified on 6/13/2011: Hard copy mailed to atty Stanton. (NOB) (Entered: 06/13/2011)
2011-06-2047PLAINTIFF'S REPLY TO RESPONSE TO 17 Motion for Summary Judgment; MOTION FOR APPOINTMENT OF SPECIAL MASTER and RESPONSE TO DEFENDANT'S 36 Motion for Summary Judgment Harold G. Stanton appearing for Plaintiffs Custer Battlefied Museum, Historical Rarities, Christopher Kortlander. (Copy of the NEF mailed to Harold Stanton) (ACL, ) (Entered: 06/20/2011)
2011-06-2148Unopposed MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment MOTION for Appointment of Special Master, 36 MOTION for Summary Judgment Victoria L. Francis appearing for Defendants Bureau of Land Management, Department of the Interior, Ken Salazar (Attachments: # 1 Text of Proposed Order) (Francis, Victoria) (Entered: 06/21/2011)
2011-06-2849ORDER granting 48 Motion for Extension of Time to File Response/Reply to 47 re: 17 MOTION for Summary Judgment and Motion for Appointment of Special Master and 36 Motion for Summary Judgment. Responses due by 7/11/2011. Replies due by 7/11/2011. Motions ripe 7/11/2011. Signed by Judge Richard F. Cebull on 6/28/2011. (CAA, ) Modified on 6/30/2011 to create relationships to motions and edit text. (KCJ). (Entered: 06/28/2011)
2011-07-1150REPLY to Response to Motion re 36 MOTION for Summary Judgment filed by Bureau of Land Management, Department of the Interior, Ken Salazar. (Francis, Victoria) (Entered: 07/11/2011)
2011-07-1151Unopposed MOTION for Leave to File /Submit Documents for In Camera Review Victoria L. Francis appearing for Defendants Bureau of Land Management, Department of the Interior, Ken Salazar (Attachments: # 1 Text of Proposed Order) (Francis, Victoria) (Entered: 07/11/2011)
2011-07-1252ORDER granting 51 USA's unopposed Motion for Leave to submit documents for in camera review. Signed by Judge Richard F. Cebull on 7/12/2011. (EMA) Modified on 7/12/2011: Hard copy mailed to atty Stanton. (NOB) (Entered: 07/12/2011)
2011-07-12Remark by clerk: received from U.S. Attorneys' Office a CD containing the Vaughn Index documents for in camera review pursuant to Judge Cebull's order dated today as document 52. Delivered same to law clerk A.H. in chambers. (CAA, ) (Entered: 07/12/2011)
2011-07-1853Unopposed MOTION for Disclosure OF GRAND JURY DOCUMENTS Victoria L. Francis appearing for Defendants Bureau of Land Management, Department of the Interior, Ken Salazar (Attachments: # 1 Text of Proposed Order) (Francis, Victoria) (Entered: 07/18/2011)
2011-07-1954ORDER granting 53 Motion for Disclosure Signed by Judge Richard F. Cebull on 7/19/2011. (SEE ORDER FOR SPECIFICS) (CAA, ) Modified on 7/19/2011 to indicate a hard copy mailed to conventional filer Harold Stanton (CAA, ). (Entered: 07/19/2011)
2011-08-2355NOTICE by Bureau of Land Management, Department of the Interior, Ken Salazar re 54 Order on Motion for Disclosure [actually SUPPLEMENT TO VAUGHN INDEX] (Francis, Victoria) (Entered: 08/23/2011)
2011-08-2556NOTICE by Bureau of Land Management, Department of the Interior, Ken Salazar re 55 Notice (Other) [NOTICE OF CONVENTIONAL FILING OF 3 DVDs CONTAINING DOCUMENTS PRODUCED UNDER FOIA filed as part of Dkt. 55, Supplement to Vaughn Index (Francis, Victoria) (Entered: 08/25/2011)
2011-08-25Remark: 3 DVDs conventionally filed by USA re: 55 placed in brown expando file and stored on Civil Open shelf. (KCJ ) (Entered: 08/25/2011)
2011-09-0257PLAINTIFF'S RESPONSE TO DEFENDANTS FOURTH SUPPLEMENTAL DISCLOSURE AND SUPPLEMENT TO VAUGHN INDEX re 54 Order on Motion for Disclosure by Historical Rarities, Christopher Kortlander.(copy of the NEF mailed to H. Stanton) (ACL, ) (Entered: 09/06/2011)
2011-09-1358ORDER denying 17 Plaintiffs' Motion for Summary Judgment; granting 36 Defendants' Motion for Summary Judgment. Signed by Judge Richard F. Cebull on 9/13/2011. (EMA) Modified on 9/14/2011 to indicate a copy mailed to Harold Stanton (ACL, ). (Entered: 09/13/2011)
2011-09-1459CLERK'S JUDGMENT in favor of Bureau of Land Management, Department of the Interior, Ken Salazar against Custer Battlefied Museum, Historical Rarities, Christopher Kortlander. (Copy mailed to Harold Stanton) (ACL, ) (Entered: 09/14/2011)
2011-11-1560MOTION for Award of Attorney' Fees and Costs Harold G. Stanton appearing for Plaintiffs Custer Battlefied Museum, Historical Rarities, Christopher Kortlander (ACL, ) (Entered: 11/16/2011)
2011-11-2161RESPONSE to Motion re 60 MOTION for Attorney Fees and Costs (Objection) filed by Bureau of Land Management, Department of the Interior, Ken Salazar. (Francis, Victoria) (Entered: 11/21/2011)
2012-01-2062ORDER denying 60 Petition for Award of Attorneys Fees and Costs. Signed by Judge Richard F. Cebull on 1/20/2012. (KCJ ) (Entered: 01/20/2012)
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