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Case TitleAMERICAN WILD HORSE CAMPAIGN v. BUREAU OF LAND MANAGEMENT
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02077
Date Filed2022-07-14
Date Closed2023-10-05
JudgeJudge Trevor N. McFadden
PlaintiffAMERICAN WILD HORSE CAMPAIGN
Case DescriptionAmerican Wild Horse Campaign submitted a FOIA request to the Bureau of Land Management for records concerning GonaCon, a restricted use chemical by only government authorities or the agents to prevent wild horse reproduction. The agency acknowledged receipt of the request but after hearing nothing further from the agency, AWHC filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantBUREAU OF LAND MANAGEMENT
DefendantUNITED STATES BUREAU OF LAND MANAGEMENT
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-07-141COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-9370769) filed by AMERICAN WILD HORSE CAMPAIGN. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to BLM, # 3 Summons to USAG, # 4 Summons to USAO, # 5 Exhibit 1- Request, # 6 Exhibit 2- BLM Acknowledgment, # 7 Exhibit 3- January ECD, # 8 Exhibit 4- February ECD, # 9 Exhibit 5- March ECD, # 10 Exhibit 6- May ECD, # 11 Exhibit 7- July ECD, # 12 Exhibit 8- FOIA Online Portal)(Sorenson, C.) (Entered: 07/14/2022)
2022-07-18Case Assigned to Judge Trevor N. McFadden. (zmh) (Entered: 07/18/2022)
2022-07-182STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 7/18/2022. (lctnm3) (Entered: 07/18/2022)
2022-07-183SUMMONS (3) Issued Electronically as to BUREAU OF LAND MANAGEMENT, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmrl) (Entered: 07/18/2022)
2022-08-024NOTICE of Appearance by Bradley Silverman on behalf of All Defendants (Silverman, Bradley) (Entered: 08/02/2022)
2022-08-175ANSWER to Complaint by BUREAU OF LAND MANAGEMENT.(Silverman, Bradley) (Entered: 08/17/2022)
2022-08-17MINUTE ORDER: Before the Court are a Complaint and an Answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents Plaintiff requests, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before September 17, 2022. Signed by Judge Trevor N. McFadden on 8/17/2022. (lctnm3) (Entered: 08/17/2022)
2022-08-17Set/Reset Deadlines: Joint Status Report due by 9/17/2022. (hmc) (Entered: 08/17/2022)
2022-09-156Joint STATUS REPORT by BUREAU OF LAND MANAGEMENT. (Silverman, Bradley) (Entered: 09/15/2022)
2022-09-16MINUTE ORDER: Upon consideration of the 6 Joint Status Report, the Court ORDERS the parties to file another Joint Status Report on or before December 19, 2022. The Court directs the parties' attention to the Court's 8/17/2022 Minute Order, which also instructed the parties to inform the Court whether a motion for an Open America stay is likely and whether a Vaughn index will be required in this case. The parties shall include this information in their next Report. Signed by Judge Trevor N. McFadden on 9/16/2022. (lctnm3) (Entered: 09/16/2022)
2022-09-19Set/Reset Deadlines: Joint Status Report due by 12/19/2022. (hmc) (Entered: 09/19/2022)
2022-11-097RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/25/2022. Answer due for ALL FEDERAL DEFENDANTS by 8/24/2022. (Sorenson, C.) (Entered: 11/09/2022)
2022-11-098RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/25/2022., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF LAND MANAGEMENT served on 7/25/2022 (See Docket Entry 7 to view document) (zjm) (Entered: 11/10/2022)
2022-11-10NOTICE OF ERROR re 7 Summons Returned Executed in FOIA as to U.S. Attorney; emailed to petesorenson@gmail.com, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Notice of Corrected Docket Entry: Your entry has been modified as a courtesy. Please note the appropriate reminders for future filings; do not refile document, 2. DO NOT REFILE: Counsel reminded to file a return of service for each individual party served and enter date of delivery for each. (zjm, ) (Entered: 11/10/2022)
2022-12-199Joint STATUS REPORT by BUREAU OF LAND MANAGEMENT. (Silverman, Bradley) (Entered: 12/19/2022)
2022-12-20MINUTE ORDER: Upon consideration of the 9 Joint Status Report, the Court enters the following briefing schedule. Defendant's Motion for Summary Judgment shall be due by February 13, 2023; Plaintiff's Response and Cross Motion shall be due by March 13, 2023; Defendant's Reply and Opposition shall be due by April 3, 2023; and Plaintiff's Reply shall be due by April 20, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/20/2022. (lctnm3) (Entered: 12/20/2022)
2022-12-20Set/Reset Deadlines: Defendant's Motion for Summary Judgment shall be due by February 13, 2023; Plaintiff's Response and Cross Motion shall be due by March 13, 2023; Defendant's Reply and Opposition shall be due by April 3, 2023; and Plaintiff's Reply shall be due by April 20, 2023. (hmc) (Entered: 12/20/2022)
2023-02-0610Joint MOTION to Vacate Order, (Briefing Schedule) by BUREAU OF LAND MANAGEMENT. (Silverman, Bradley) (Entered: 02/06/2023)
2023-02-06MINUTE ORDER granting the 10 Joint Motion to Vacate Briefing Schedule. The parties shall file a Joint Status Report on or before March 8, 2023 informing the Court of the status of this case. The parties shall also include a proposed briefing schedule in that Joint Status Report, should one remain necessary. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/6/2023. (lctnm3) (Entered: 02/06/2023)
2023-02-06Set/Reset Deadlines: Joint Status Report due by 3/8/2023. (hmc) (Entered: 02/06/2023)
2023-03-0811Joint STATUS REPORT by BUREAU OF LAND MANAGEMENT. (Silverman, Bradley) (Entered: 03/08/2023)
2023-03-08MINUTE ORDER: After considering the parties' 11 Joint Status Report, it is hereby ORDERED that the parties shall file a Joint Status Report on or before April 24, 2023 informing the Court of the status of this case. The parties shall also include a proposed briefing schedule in that Joint Status Report, should one remain necessary. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/8/2023. (lctnm3) (Entered: 03/08/2023)
2023-03-08Set/Reset Deadlines: Joint Status Report due by 4/24/2023. (hmc) (Entered: 03/08/2023)
2023-04-2412Joint STATUS REPORT by BUREAU OF LAND MANAGEMENT. (Silverman, Bradley) (Entered: 04/24/2023)
2023-04-24MINUTE ORDER: After considering the 12 Joint Status Report, the parties are hereby ORDERED to abide by the following briefing schedule. Plaintiff shall file its motion for costs and fees by June 30, 2023; Defendant shall file its Opposition by August 1, 2023; and Plaintiff shall file any Reply by August 31, 2023. If the parties resolve fees and costs before that time, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/24/2023. (lctnm3) (Entered: 04/24/2023)
2023-04-25Set/Reset Deadlines: Plaintiff's motion of costs due by 6/30/2023. Defendant's opposition due by 8/1/2023. Plaintiff's reply due by 8/31/2023. (hmc) (Entered: 04/25/2023)
2023-06-2113MOTION for Attorney Fees and Costs by AMERICAN WILD HORSE CAMPAIGN. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Declaration Koncel, # 4 Declaration C. Peter Sorenson, # 5 Rule 7 Certificate, # 6 Exhibit 101, # 7 Exhibit 102, # 8 Exhibit 103, # 9 Exhibit 104, # 10 Exhibit 105, # 11 Exhibit 106)(Sorenson, C.) (Entered: 06/21/2023)
2023-07-2714Consent MOTION for Extension of Time to Respond to Motion for Attorney's Fees by UNITED STATES BUREAU OF LAND MANAGEMENT. (Silverman, Bradley) (Entered: 07/27/2023)
2023-07-28MINUTE ORDER GRANTING 14 Consent Motion for Extension of Time to Respond. The Government's Response shall be due on or before September 1, 2023. Plaintiff's Reply shall be due October 17, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/28/2023. (lctnm3) (Entered: 07/28/2023)
2023-09-0115RESPONSE re 13 MOTION for Attorney Fees and Costs filed by UNITED STATES BUREAU OF LAND MANAGEMENT. (Attachments: # 1 Ex. A, Witt Decl., # 2 Ex. B, Griffin Decl., # 3 Ex. C, Fee Index, # 4 Ex. D, 1st Fee Ltr., # 5 Ex. E, 2d Fee Ltr., # 6 Proposed Order)(Silverman, Bradley) (Entered: 09/01/2023)
2023-09-2516Consent MOTION for Order by AMERICAN WILD HORSE CAMPAIGN. (Attachments: # 1 Text of Proposed Order)(Sorenson, C.) (Entered: 09/25/2023)
2023-09-25MINUTE ORDER: The Court ORDERS that Plaintiff's 16 Motion to Suspend Briefing is GRANTED. Plaintiffs October 17 deadline to file its Reply is HELD IN ABEYANCE. The parties are ORDERED to submit a Joint Status Report on or before October 22, 2023 detailing the progress of their settlement efforts. If the parties reach a settlement agreement prior to that date, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/25/2023. (lctnm3) (Entered: 09/25/2023)
2023-09-26Set/Reset Deadlines: Joint Status Report due by 10/22/2023. (hmc) (Entered: 09/26/2023)
2023-10-0417STIPULATION of Dismissal by UNITED STATES BUREAU OF LAND MANAGEMENT. (Silverman, Bradley) (Entered: 10/04/2023)
2023-10-05MINUTE ORDER: Having considered the parties' 17 Stipulation of Dismissal, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), the Court ORDERS that this matter is DISMISSED with prejudice. The Clerk of Court is directed to close the case. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/4/2023. (lctnm3) (Entered: 10/05/2023)
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