Case Detail

FOIA Project Annotation: Judge Christopher Cooper has ruled that the American Wild Horse Campaign is neither eligible nor entitled to attorney's fees because it did not substantially prevail in its FOIA litigation against the Bureau of Land Management. AWHC filed a FOIA request with BLM for records of purported inhumane treatment of animals in the agency's care. Over the next several months, AWHC submitted five separate requests for an estimated time of completion. The agency did not respond and AWHC filed suit eight months after its FOIA request. Three months later, prior to any action by the court, the agency released 32 pages of responsive records. Six months after that, BLM disclosed another two pages after an additional search. AWHC filed a motion for attorney's fees, requesting $33,725 in fees, which it then upped to $52,889. AWHC argued that the agency's delay in responding was excessive and that the agency had failed to communicate with AWHC during that period. Cooper noted that "neither can overcome the Bureau's representations that it 'generally processes FOIA requests in the order they are received,' 'intended to process AWHC's FOIA request' in that order, and never denied AWHC's request. The Court must presume those representations 'were made in good faith.' The Court thus has 'good reason to believe' that the Bureau would have released the records in question when it finished processing AWHC's request, even if AWHC had never filed suit." Cooper observed that 'true, a significant delay by an agency in complying with FOIA 'may provide an inference that agency forgot about or sought to ignore FOIA requester's request.'" However, Cooper indicated that "a processing period of just under a year does not strike the Court as out of the ordinary given its large backlog. The mere fact of the delay is thus consistent with the Bureau's explanation for it, and AWHC has not provided other evidence to counter the Bureau's presumptively good faith representation." He rejected WWHC's argument about its failure to communicate, noting that "the Bureau's failure to communicate, while regrettable, does not alone overcome its assurances that it intended to process AWHC's request in the order received and experienced delays due to backlog." Cooper then found that AWHC was not entitled to attorney's fees, indicating that "AWHC has given the Court no reason to doubt the Bureau's explanation for its delay in releasing the requested records. Even if the Bureau's backlog of requests does not go so far as to supply a reasonable basis for withholding the records, the Bureau's representations certainly do not reflect recalcitrance or obduracy."
Issues: Litigation - Attorney's fees - Eligibility

Date Filed	Doc #	Docket Text
2022-10-08	1	COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-9586690) filed by AMERICAN WILD HORSE CAMPAIGN. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to BLM, # 3 Summons to USAG, # 4 Summons To USAO - DC, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5)(Sorenson, C.) (Entered: 10/08/2022)
2022-10-11		Case Assigned to Judge Christopher R. Cooper. (znmg) (Entered: 10/11/2022)
2022-10-11	2	SUMMONS (3) Issued Electronically as to BUREAU OF LAND MANAGEMENT, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 10/11/2022)
2022-11-11	3	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/26/2022. Answer due for ALL FEDERAL DEFENDANTS by 11/25/2022. (Sorenson, C.) (Entered: 11/11/2022)
2022-11-11	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/26/2022., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF LAND MANAGEMENT served on 10/25/2022 (See Docket Entry 3 to view document) (zjm) (Entered: 11/15/2022)
2022-11-15		NOTICE OF ERROR re 3 Summons Returned Executed in FOIA as to U.S. Attorney; emailed to petesorenson@gmail.com, cc'd 3 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. Please note the following for future filings; do not refile document , 3. 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: 11/15/2022)
2022-11-22	5	NOTICE of Appearance by Thomas Anthony Quinn on behalf of BUREAU OF LAND MANAGEMENT (Quinn, Thomas) (Entered: 11/22/2022)
2022-11-22	6	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by BUREAU OF LAND MANAGEMENT. (Quinn, Thomas) (Entered: 11/22/2022)
2022-11-23		MINUTE ORDER granting Defendant's 6 Motion for Extension of Time to Respond. Defendant shall answer or otherwise respond to the complaint by December 23, 2022. Signed by Judge Christopher R. Cooper on 11/23/2022. (lccrc1) (Entered: 11/23/2022)
2022-12-22	7	ANSWER to Complaint by BUREAU OF LAND MANAGEMENT.(Quinn, Thomas) (Entered: 12/22/2022)
2022-12-23		MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties promptly confer and file a joint proposed schedule for briefing or disclosure by January 6, 2023. Signed by Judge Christopher R. Cooper on 12/23/2022. (lccrc1) (Entered: 12/23/2022)
2023-01-05	8	Joint STATUS REPORT by BUREAU OF LAND MANAGEMENT. (Quinn, Thomas) (Entered: 01/05/2023)
2023-01-06		MINUTE ORDER: In light of the parties' 8 Joint Status Report, the parties are hereby ordered to file a further joint status report by March 3, 2023, with additional joint status reports to be filed every 60 days thereafter. The next joint status report should include, if possible, an estimate of the number of potentially responsive pages and the expected date of completion of production. Signed by Judge Christopher R. Cooper on 1/6/2023. (lccrc1) (Entered: 01/06/2023)
2023-03-03	9	Joint STATUS REPORT by BUREAU OF LAND MANAGEMENT. (Quinn, Thomas) (Entered: 03/03/2023)
2023-03-03		MINUTE ORDER: In light of the parties' 9 Joint Status Report, the parties are hereby ordered to file a further joint status report by May 3, 2023. If disputes remain, the parties should include a proposed briefing schedule in the joint status report. Signed by Judge Christopher R. Cooper on 3/3/2023. (lccrc1) (Entered: 03/03/2023)
2023-05-03	10	Unopposed MOTION for Extension of Time to File Joint Status Report by BUREAU OF LAND MANAGEMENT. (Truong, John) (Entered: 05/03/2023)
2023-05-03		MINUTE ORDER granting 10 Defendant's Motion for Extension of Time to File Joint Status Report. The parties are hereby ordered to file a joint status report by May 17, 2023. If disputes remain, the parties should include a proposed briefing schedule in the report. Signed by Judge Christopher R. Cooper on 5/3/2023. (lccrc1) (Entered: 05/03/2023)
2023-05-17	11	Joint STATUS REPORT by UNITED STATES BUREAU OF LAND MANAGEMENT. (Quinn, Thomas) (Entered: 05/17/2023)
2023-05-18		MINUTE ORDER: In light of the 11 Joint Status Report, the parties are hereby ordered to file a further joint status report by June 30, 2023. If disputes remain, summary judgment briefing on any disputed issues shall proceed as follows: Defendant's Motion for Summary Judgment is due by July 31, 2023. Plaintiff's Opposition and Cross-Motion for Summary Judgment is due by August 30, 2023. Defendant's Reply and Cross-Opposition is due by September 29, 2023. Plaintiff's Cross-Reply is due by October 13, 2023. Signed by Judge Christopher R. Cooper on 5/18/2023. (lccrc1) (Entered: 05/18/2023)
2023-06-29	12	Joint STATUS REPORT by UNITED STATES BUREAU OF LAND MANAGEMENT. (Truong, John) (Entered: 06/29/2023)
2023-06-29	13	Joint MOTION to Vacate May 8, 2023 Briefing Schedule by UNITED STATES BUREAU OF LAND MANAGEMENT. (Truong, John) (Entered: 06/29/2023)
2023-07-03		MINUTE ORDER granting the parties' 13 Motion to Vacate Briefing Schedule. The briefing schedule entered on May 18, 2023 is hereby VACATED. Signed by Judge Christopher R. Cooper on 07/03/2023. (lccrc3) (Entered: 07/03/2023)
2023-07-03		MINUTE ORDER: In light of the parties' 12 Joint Status Report, the parties are hereby ordered to file a further joint status report by August 28, 2023. Signed by Judge Christopher R. Cooper on 7/03/2023. (lccrc3) (Entered: 07/03/2023)
2023-07-18	14	NOTICE OF SUBSTITUTION OF COUNSEL by Brenda A. Gonzalez Horowitz on behalf of UNITED STATES BUREAU OF LAND MANAGEMENT Substituting for attorney T. Anthony Quinn (Gonzalez Horowitz, Brenda) (Entered: 07/18/2023)
2023-08-28	15	Joint STATUS REPORT by UNITED STATES BUREAU OF LAND MANAGEMENT. (Gonzalez Horowitz, Brenda) (Entered: 08/28/2023)
2023-08-29		MINUTE ORDER: In light of the parties' 15 Joint Status Report, the Court adopts the following briefing schedule. Plaintiff shall file its motion for attorneys' fees and costs by October 6, 2023; Defendant shall file its opposition by November 10, 2023; and Plaintiff shall file any reply in further support of its Motion by December 8, 2023. Signed by Judge Christopher R. Cooper on 8/29/2023. (lccrc1) (Entered: 08/29/2023)
2023-10-05	16	MOTION for Attorney Fees for Attorney Fees and Costs by AMERICAN WILD HORSE CAMPAIGN. (Attachments: # 1 Text of Proposed Order, # 2 Certificate 7(m), # 3 Declaration Perrin, # 4 Declaration Spano, # 5 Declaration Sorenson, # 6 Exhibit 101, # 7 Exhibit 102, # 8 Exhibit 103, # 9 Exhibit 104, # 10 Exhibit 105, # 11 Exhibit 106, # 12 Exhibit 107, # 13 Memorandum in Support)(Sorenson, C.) Modified on 10/6/2023 to correct relief (zjm). (Entered: 10/05/2023)
2023-11-10	17	Memorandum in opposition to re 16 Motion for Attorney Fees, filed by UNITED STATES BUREAU OF LAND MANAGEMENT. (Attachments: # 1 Exhibit A, Witt Declaration, # 2 Exhibit B, McGuire Declaration, # 3 Exhibit C, Fee Index, # 4 Exhibit D, July 25, 2023 Settlement Demand)(Gonzalez Horowitz, Brenda) (Entered: 11/10/2023)
2023-12-08	18	REPLY to opposition to motion re 16 MOTION for Attorney Fees and Costs filed by AMERICAN WILD HORSE CAMPAIGN. (Attachments: # 1 Text of Proposed Order, # 2 Declaration Spano 2d, # 3 Declaration Sorenson 2d, # 4 Exhibit 108, # 5 Exhibit 109)(Sorenson, C.) (Entered: 12/08/2023)
2024-08-26	19	MEMORANDUM OPINION AND ORDER: It is hereby ordered that Plaintiff's 16 motion for attorney's fees and costs is DENIED. See full Order for details. Signed by Judge Christopher R. Cooper on 8/26/2024. (lccrc1) (Entered: 08/26/2024)
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