| Date Filed | Doc # | Docket Text |
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| 2022-11-30 | 1 | COMPLAINT against WILDERNESS WORKSHOP ( Filing fee $ 402 receipt number ADCDC-9703207) filed by WILDERNESS WORKSHOP. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Stills, Travis) (Entered: 11/30/2022) |
| 2022-11-30 | 2 | NOTICE OF RELATED CASE by WILDERNESS WORKSHOP. Case related to Case No. 21-cv-2108. (Stills, Travis) (Entered: 11/30/2022) |
| 2022-11-30 | 3 | LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by WILDERNESS WORKSHOP (Stills, Travis) (Entered: 11/30/2022) |
| 2022-12-01 | 4 | SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmrl) (Entered: 12/01/2022) |
| 2022-12-01 | | Case Assigned to Judge Jia M. Cobb. (zmrl) (Entered: 12/01/2022) |
| 2022-12-01 | 5 | NOTICE of Appearance by Matthew Sandler on behalf of All Plaintiffs (Sandler, Matthew) (Entered: 12/01/2022) |
| 2022-12-21 | 6 | NOTICE of Appearance by Erika Kirstie Oblea on behalf of All Defendants (Oblea, Erika) (Entered: 12/21/2022) |
| 2022-12-21 | 7 | Consent MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Respond by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 12/21/2022) |
| 2022-12-22 | | MINUTE ORDER re 7 Consent Motion for Extension of Time: Having considered the motion and for good cause shown, the Court GRANTS the motion. Defendants are ordered to respond to Plaintiffs' Complaint by January 17, 2023. Signed by Judge Jia M. Cobb on December 22, 2022. (Cobb, Jia) (Entered: 12/22/2022) |
| 2023-01-17 | 8 | ANSWER to Complaint by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE.(Oblea, Erika) (Entered: 01/17/2023) |
| 2023-01-18 | | MINUTE ORDER: The Court ORDERS that the Parties confer and submit a joint proposed schedule for further proceedings, which shall include a proposed schedule for the processing and release of responsive records or for briefing dispositive motions, by February 1, 2023. Signed by Judge Jia M. Cobb on January 18, 2023. (lcjmc2) (Entered: 01/18/2023) |
| 2023-02-01 | 9 | Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Attachments: # 1 Exhibit 1)(Oblea, Erika) (Entered: 02/01/2023) |
| 2023-03-13 | | MINUTE ORDER: Upon consideration of the Parties' positions in 9 Joint Status Report, the Court ORDERS the following deadlines: The Defendants will provide a draft Vaughn index and informal search summary to Plaintiffs by March 29, 2023. The Parties will file a Joint Status Report by April 12, 2023, that identifies any remaining issues with the production. Defendants will file a Motion for Summary Judgment by May 12, 2023. Plaintiffs will file a combined Response and Cross-Motion for Summary Judgment by June 12, 2023. Defendants will file a combined Response and Reply in support of its Motion for Summary Judgment by July 12, 2023. Plaintiffs will file a Reply in support of its Cross-Motion for Summary Judgment by August 11, 2023. Ultimately, the Court agreed with Defendants' proposal because it better ensures that the deadlines are not premature given the continued processing of records, and also because Defendants' proposed end-of-briefing date is not so far from Plaintiffs' proposal that it would seriously delay the resolution of the case. Signed by Judge Jia M. Cobb on March 13, 2023. (lcjmc2) (Entered: 03/13/2023) |
| 2023-04-10 | 10 | Unopposed MOTION for Extension of Time to file status report and summary judgment briefing by ROCKY MOUNTAIN WILD, WILDERNESS WORKSHOP. (Sandler, Matthew) (Entered: 04/10/2023) |
| 2023-04-11 | | MINUTE ORDER granting 10 Plaintiff's Unopposed Motion for Extension of Time: Upon consideration of the Motion and for good cause shown, the Court GRANTS the Motion. Defendants will file a Motion for Summary Judgment by May 26, 2023. Plaintiffs will file a combined Response and Cross-Motion for Summary Judgment by June 26, 2023. Defendants will file a combined Response and Reply in support of its Motion for Summary Judgment by July 26, 2023. Plaintiffs will file a Reply in support of its Cross-Motion for Summary Judgment by August 25, 2023. Signed by Judge Jia M. Cobb on April 11, 2023. (lcjmc2) (Entered: 04/11/2023) |
| 2023-04-26 | 11 | Joint STATUS REPORT by ROCKY MOUNTAIN WILD, WILDERNESS WORKSHOP. (Stills, Travis) (Entered: 04/26/2023) |
| 2023-05-11 | 12 | MOTION to Modify Briefing Schedule by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 05/11/2023) |
| 2023-05-12 | 13 | RESPONSE re 12 MOTION to Modify Briefing Schedule Stay Request filed by ROCKY MOUNTAIN WILD, WILDERNESS WORKSHOP. (Stills, Travis) (Entered: 05/12/2023) |
| 2023-05-16 | 14 | REPLY to opposition to motion re 12 MOTION to Modify Briefing Schedule filed by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Oblea, Erika) (Entered: 05/16/2023) |
| 2023-05-19 | | MINUTE ORDER re 12 Motion to Modify Briefing Schedule: The Court has reviewed the Motion, as well as Plaintiffs' Response 13 and Defendants' Reply 14 . Based on the Parties' representations, and the entire record, the Court finds that there is good cause to provide the agency with the time it needs to conduct its expanded search and process any new responsive materials before proceeding to dispositive motions. Accordingly, the Court GRANTS the Motion. Defendants are ORDERED to file a Motion for Summary Judgment by August 24, 2023. Plaintiffs will file a combined Response and Cross-Motion for Summary Judgment by September 25, 2023. Defendants will file a combined Response and Reply in support of its Motion for Summary Judgment by October 25, 2023. Plaintiffs will file a Reply in support of its Cross-Motion for Summary Judgment by December 1, 2023 (to allow an extra week following the Thanksgiving holiday). The Parties are further ORDERED to file additional Joint Status Reports on June 19, 2023, and on July 19, 2023, to apprise the Court of Defendants' progress. The Court acknowledges Plaintiffs' frustration with the timeline of this case; that is why the Parties are encouraged to continue to confer to identify any other issues that might be resolved more efficiently in advance of dispositive motions. Signed by Judge Jia M. Cobb on May 19, 2023. (lcjmc3) (Entered: 05/19/2023) |
| 2023-06-01 | 15 | Consent MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 06/01/2023) |
| 2023-06-02 | | MINUTE ORDER granting 15 Defendants' Consent Motion to Extend Time to File Joint Status Report: Upon consideration of Defendants' Consent Motion and for good cause shown, it is hereby ORDERED that the Motion is GRANTED. The Parties will file a Joint Status Report by June 26, 2023. Signed by Judge Jia M. Cobb on June 2, 2023. (lcjmc2) (Entered: 06/02/2023) |
| 2023-06-26 | 16 | Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Oblea, Erika) (Entered: 06/26/2023) |
| 2023-07-19 | 17 | Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Oblea, Erika) (Entered: 07/19/2023) |
| 2023-08-23 | 18 | MOTION to Modify Briefing Schedule by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 08/23/2023) |
| 2023-08-23 | 19 | RESPONSE re 18 MOTION to Modify Briefing Schedule filed by ROCKY MOUNTAIN WILD, WILDERNESS WORKSHOP. (Stills, Travis) (Entered: 08/23/2023) |
| 2023-08-24 | 20 | REPLY to opposition to motion re 18 MOTION to Modify Briefing Schedule filed by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Oblea, Erika) (Entered: 08/24/2023) |
| 2023-08-29 | | MINUTE ORDER re 18 Opposed Motion to Modify Briefing Schedule: The Court understands that Plaintiffs oppose the Motion. The Court is also sensitive to Plaintiffs' reasons for wanting the dispositive motions phase of this case commence as quickly as possible. Nonetheless, the Court finds that the good cause standard is satisfied and GRANTS the Motion. Amongst other reasons, the Court wishes to inform the Parties that it will issue its opinion in case no. 21-cv-2108 in the coming days, and thinks that the Parties should have time to digest that opinion before submitting their dispositive motions in this closely related case. The Court also notes that it will entertain any motions to change the briefing schedule in case no. 23-cv-678 should the Parties agree that the timeline of this case necessitates that change. Having granted Defendants' Motion, the Court sets the following briefing schedule: Defendants are ORDERED to submit their motion for summary judgment by September 28, 2023. Plaintiffs' combined Response and Cross-Motion for Summary Judgment is due by October 30, 2023. Defendants' combined Response and Reply in support of their Motion for Summary Judgment is due by November 29, 2023. And Plaintiffs' Reply is due by January 5, 2024. In consideration of Plaintiffs' concerns regarding the progress of the case, the Court will not grant additional extensions absent unforeseen circumstances or the consent of the Parties. Signed by Judge Jia M. Cobb on August 29, 2023. (lcjmc3) (Entered: 08/29/2023) |
| 2023-09-08 | 21 | MOTION to Modify Briefing Schedule by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 09/08/2023) |
| 2023-09-13 | 22 | RESPONSE re 21 MOTION to Modify Briefing Schedule filed by ROCKY MOUNTAIN WILD, WILDERNESS WORKSHOP. (Stills, Travis) (Entered: 09/13/2023) |
| 2023-09-14 | 23 | REPLY to opposition to motion re 21 MOTION to Modify Briefing Schedule filed by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Oblea, Erika) (Entered: 09/14/2023) |
| 2023-09-15 | | MINUTE ORDER granting 21 Motion to Modify Briefing Schedule: given the Court's opinion in a related matter, Wilderness Workshop v. USDA , Civ. A. No. 21-2108, and to promote efficiency, the Court believes good cause exists to extend the deadlines as follows. Defendants' Motion for Summary Judgment is due by December 21, 2023; Plaintiffs' single combined Response and Cross-Motion for Summary Judgment is due by January 22, 2024; Defendants' single combined Response and Reply in support of their Motion for Summary Judgment is due by February 21, 2024; and Plaintiffs' Reply is due by March 29, 2024. Signed by Judge Jia M. Cobb on September 15, 2023. (lcjmc3) (Entered: 09/15/2023) |
| 2023-11-17 | 24 | MOTION for Protective Order , Primarily a Motion to Claw Back (EXPEDITED) by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Attachments: # 1 Exhibit A - Declaration of Eileen Harke, # 2 Exhibit B - Emails, # 3 Exhibit C - Letter from Plaintiffs' Counsel, # 4 Text of Proposed Order)(Oblea, Erika) (Entered: 11/17/2023) |
| 2023-11-30 | 25 | RESPONSE re 24 MOTION for Protective Order , Primarily a Motion to Claw Back (EXPEDITED) filed by ROCKY MOUNTAIN WILD, WILDERNESS WORKSHOP. (Attachments: # 1 Exhibit)(Stills, Travis) (Entered: 11/30/2023) |
| 2023-12-07 | 26 | REPLY to opposition to motion re 24 MOTION for Protective Order , Primarily a Motion to Claw Back (EXPEDITED) filed by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Duffey, Thomas) (Entered: 12/07/2023) |
| 2023-12-19 | 27 | MOTION for Extension of Time to file motion for summary judgment with proposed order by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Duffey, Thomas) (Entered: 12/19/2023) |
| 2023-12-20 | | MINUTE ORDER granting 27 Motion for Extension of Time to File Summary Judgment: Defendants have represented that Plaintiff was likely to oppose this Motion, but the Court nonetheless finds good cause for the requested extension. The requested extension is brief and will thus not prejudice the Plaintiff. The Court is acting upon this Motion prior to Plaintiff's response given the pendency of the deadline and in light of the upcoming holidays. If Plaintiff has further objections to the proposed schedule, it can file a motion regarding additional adjustments to the schedule after conferring with Defendants. It is hereby ORDERED that Defendants' motion for summary judgment is due by January 23, 2024; Plaintiff's combined reply and cross-motion is due by February 23, 2024; Defendants' combined response and reply is due by March 21, 2024; and Plaintiff's reply is due by April 22, 2024. Signed by Judge Jia M. Cobb on December 20, 2023. (lcjmc1) Modified on 12/21/2023. (ztnr) (Entered: 12/20/2023) |
| 2023-12-20 | | Set/Reset Deadlines: Cross Motions due by 2/23/2024. Response to Cross Motions due by 3/21/2024. Reply to Cross Motions due by 4/22/2024. Summary Judgment motions due by 1/23/2024. Response to Motion for Summary Judgment due by 2/23/2024. Reply to Motion for Summary Judgment due by 3/21/2024. (zgf) (Entered: 12/29/2023) |
| 2024-01-23 | 28 | MOTION for Summary Judgment by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Attachments: # 1 Memorandum in Support, # 2 Declaration Enciso, # 3 Exhibit A to Enciso Decl., # 4 Exhibit B to Enciso Decl., # 5 Exhibit C to Enciso Decl., # 6 Exhibit D to Enciso Decl., # 7 Exhibit E to Enciso Decl., # 8 Exhibit F to Enciso Decl. Vaughn Index, # 9 Declaration Scofield, # 10 Exhibit A to Scofield Decl., # 11 Exhibit B to scofield Decl., # 12 Exhibit C to Scofield Decl., # 13 Exhibit D to Scofield Decl., # 14 Exhibit E to Scofield Decl., # 15 Exhibit F to Scofield Decl., # 16 Exhibit G to Scofieild Decl., # 17 Exhibit H to Scofield Decl., # 18 Exhibit I to Scofield Decl., # 19 Exhibit J to Scofield Decl., # 20 Exhibit K to Scofield Decl., # 21 Exhibit L to Scofieild Decl., # 22 Exhibit M to Scofield Decl. Vaughn Index, # 23 Statement of Facts)(Duffey, Thomas) (Entered: 01/23/2024) |
| 2024-02-23 | 29 | RESPONSE re 28 MOTION for Summary Judgment filed by ROCKY MOUNTAIN WILD, WILDERNESS WORKSHOP. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Stills, Travis) (Entered: 02/23/2024) |
| 2024-03-20 | 30 | MOTION for Extension of Time to File Response/Reply as to 28 MOTION for Summary Judgment with proposed order by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Duffey, Thomas) (Entered: 03/20/2024) |
| 2024-03-25 | | MINUTE ORDER granting 30 Motion for Extension: The Court acknowledges that Defendant's request for an extension of time is opposed, but the Court nonetheless finds good cause to extend Defendant's reply deadline based upon the representations in the motion. The Court finds that the extension will not prejudice Plaintiff. As such, the Court hereby GRANTS the motion. It is further ORDERED that Defendant shall file its reply to Plaintiff's opposition to the motion for summary judgment by April 22, 2024. Signed by Judge Jia M. Cobb on March 25, 2024. (lcjmc2) (Entered: 03/25/2024) |
| 2024-03-27 | | MINUTE ORDER granting 24 Motion for Claw Back or Protective Order: Having considered Defendants' motion and Plaintiffs' opposition thereto, the Court GRANTS the motion for the reasons laid out below. It is well established that courts possess an inherent and implied power "to manage their own affairs so as to achieve the orderly and expeditious disposition of cases." Wilson v. FCC , No. 21-cv-895 (RMM), 2022 WL 4245485, at *5 (D.D.C. Sept. 15, 2022). Courts in this District have time and again "used that implied power to bar dissemination of information inadvertently disclosed in FOIA proceedings." Id. (citing Pub. Citizen Health Rsch. Grp. v. FDA , 953 F. Supp. 400, 404 (D.D.C. 1996)); see also Hum. Rts. Def. Ctr. v. U.S. Park Police , No. 19-cv-1502 (TSC), 2023 WL 5561602, at *6 (Aug. 29, 2023). Such orders are considered "especially" appropriate "if the information [inadvertently disclosed] is covered by an exemption," Hum. Rts. Def. Ctr. , 2023 WL 5561602, at *6, but they are also desirable as a tool to "control the information at issue... [p]rior to the court making [a] determination" as to whether a FOIA exemption applies, Pub. Citizen Health Rsch. Grp. , 953 F. Supp. at 404 (emphasis added). At bottom, the key question a court must ask is whether the use of its inherent power in this way constitutes "a reasonable response to the problems and needs that provoke it." See Degen v. United States , 517 U.S. 820, 823-24 (1996). Here, the Court finds that a protective order is an eminently reasonable response to the dilemma presented by Defendants' inadvertent disclosure of potentially privileged information and Plaintiffs' refusal to return or sequester that information. There are no signs of carelessness by Defendants: they took precautionary measures, identified the mistake promptly, acted diligently to remedy the mistake with opposing counsel, and presented evidence to this Court in support of their assertion of attorney-client privilege and attorney work product protection. In such circumstances, it is by no means "extraordinary" for the Court to prevent the use and dissemination of the information disclosed. Contra Response in Opposition, ECF 25 at 7. Indeed, Plaintiffs' suggestion to the contrary is belied by their own experience. See Rocky Mountain Wild, Inc. v. U.S. Forest Serv. , 56 F.4th 913, 930-31 (10th Cir. 2022) (affirming order that Plaintiff Rocky Mountain Wild, Inc. "return or destroy two improperly redacted documents Defendant inadvertently disclosed"). The Court does not decide whether Defendants' assertion of privilege and work product protection under Exemption 5 is correct as a matter of law yet. Of course, if Defendants' assertion of Exemption 5 or any other exemption turns out to be improper, then the information withheld under that exemption should be (and shall be) made publicly available. But that will be decided after both Parties have the chance to thoroughly argue the merits of the issue through summary judgment briefing. It would be unjust to short circuit that process and allow Plaintiffs a premature victory brought about by a plainly excusable administrative error. As such, the Court ORDERS that Plaintiffs shall sequester the November 2, 2023, inadvertently produced records and their contents. It is further ORDERED that Plaintiffs shall not disseminate, disclose, or use for any purpose those records or their contents. Signed by Judge Jia M. Cobb on March 27, 2024. (lcjmc2) (Entered: 03/27/2024) |
| 2024-04-19 | 31 | MOTION for Extension of Time to File Response/Reply as to 28 MOTION for Summary Judgment with proposed order by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Duffey, Thomas) (Entered: 04/19/2024) |
| 2024-04-23 | | MINUTE ORDER granting 31 Motion for Extension of Time to File Response/Reply: Upon review of the motion, and for good cause shown, the Court hereby GRANTS the motion nunc pro tunc. It is further ORDERED that Defendant shall file its reply to Plaintiff's opposition to the motion for summary judgment by May 6, 2024. Signed by Judge Jia M. Cobb on April 23, 2024. (lcjmc2) (Entered: 04/23/2024) |
| 2024-05-06 | 32 | REPLY to opposition to motion re 28 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF AGRICULTURE, U.S. FOREST SERVICE. (Duffey, Thomas) (Entered: 05/06/2024) |
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