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Case TitleTC Company v. United States Forest Service
DistrictDistrict of New Mexico
CityAlbuquerque
Case Number1:2023cv00514
Date Filed2023-06-14
Date ClosedOpen
JudgeMagistrate Judge Damian L. Martinez
PlaintiffTC Company
Case DescriptionTC Company submitted a FOIA request to U.S. Forest Service for records concerning the report on the Cerro Pelado fire. The agency acknowledged receipt of the request. TC Company submitted a second FOIA request for records concerning the burn plans for the Cerro Pelado fire. The agency provided a response to the first request but to the second request. TC Company filed an administrative appeal. After hearing nothing further from the agency, TC Company filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantUnited States Forest Service
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-06-141COMPLAINT for Declaratory and Injunctive Relief against All Plaintiffs ( Filing Fee - Online Payment), filed by TC Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1.1, # 3 Exhibit 2, # 4 Exhibit 3)(Dow, Mark) (Entered: 06/14/2023)
2023-06-15United States Magistrate Judge Damian L. Martinez and United States Magistrate Judge Jennifer M. Rozzoni assigned. (bc) (Entered: 06/15/2023)
2023-06-152PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Damian L. Martinez to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bc) (Entered: 06/15/2023)
2023-06-15Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8873748 re 1 Complaint filed by TC Company (Payment made via Pay.gov)(Dow, Mark) (Entered: 06/15/2023)
2023-06-15Summons Issued as to United States Forest Service, U.S. Attorney and U.S. Attorney General (bc) (Entered: 06/15/2023)
2023-06-153APPENDIX/SUPPLEMENT re 1 Complaint Civil Cover Sheet by TC Company (Weisman, Cynthia) (Entered: 06/15/2023)
2023-06-214NOTICE of Appearance by Manuel Lucero on behalf of United States Forest Service (Lucero, Manuel) (Entered: 06/21/2023)
2023-06-225ORDER by Magistrate Judge Jennifer M. Rozzoni. Status Conference set for 7/14/2023 at 10:30 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jennifer M. Rozzoni. (kms) (Entered: 06/22/2023)
2023-06-266CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), United States Forest Service voluntarily consent(s) to have United States Magistrate Judge Damian L. Martinez conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Lucero, Manuel) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 06/26/2023)
2023-07-067Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by United States Forest Service. (Lucero, Manuel) (Entered: 07/06/2023)
2023-07-068ORDER by Magistrate Judge Jennifer M. Rozzoni granting 7 Motion for Extension of Time to Answer re 7 Unopposed MOTION for Extension of Time to File Answer re 1 Complaint All Defendants. (kms) (Entered: 07/06/2023)
2023-07-149CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), TC Company voluntarily consent(s) to have United States Magistrate Judge Damian L. Martinez conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Weisman, Cynthia) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 07/14/2023)
2023-07-1410NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 9 Consent to Proceed Before a U.S. Magistrate Judge, filed by TC Company, 6 Consent to Proceed Before a U.S. Magistrate Judge, filed by United States Forest Service. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bw) (Entered: 07/14/2023)
2023-07-1411Clerk's Minutes for proceedings held before Magistrate Judge Jennifer M. Rozzoni: Status Conference held on 7/14/2023. (kms) (Entered: 07/14/2023)
2023-07-1412ORDER by Magistrate Judge Jennifer M. Rozzoni. Status Conference set for 8/18/2023 at 09:30 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jennifer M. Rozzoni. (kms) (Entered: 07/14/2023)
2023-08-0113ANSWER to 1 Complaint by United States Forest Service. Related document: 1 Complaint filed by TC Company.(Lucero, Manuel) (Entered: 08/01/2023)
2023-08-0414ORDER RE-SETTING TELEPHONIC STATUS CONFERENCE by Magistrate Judge Jennifer M. Rozzoni. Status Conference set for 8/28/2023 at 01:30 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jennifer M. Rozzoni. The Status Conference set for 8/19/2023 is hereby VACATED. (kms) (Entered: 08/04/2023)
2023-08-0715AMENDED ORDER RE-SETTING TELEPHONIC STATUS CONFERENCE by Magistrate Judge Jennifer M. Rozzoni. Correcting date of vacated conference from 8/19/2023 to 8/18/2023. (kms) (Entered: 08/07/2023)
2023-08-2516BRIEF Plaintiff's Memorandum in Support of "FOIA" Complaint for Declaratory and Injunctive Relief by TC Company (Attachments: # 1 Exhibit 1 ROI, first 2 pages, # 2 Exhibit 2 USFS first partial response letter) (Weisman, Cynthia) (Entered: 08/25/2023)
2023-08-2817Clerk's Minutes for proceedings held before Magistrate Judge Jennifer M. Rozzoni: Status Conference held on 8/28/2023. (kms) (Entered: 08/28/2023)
2023-08-2818ORDER by Magistrate Judge Jennifer M. Rozzoni. Status Conference set for 9/11/2023 at 04:00 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jennifer M. Rozzoni. (kms) (Entered: 08/28/2023)
2023-09-1119Clerk's Minutes for proceedings held before Magistrate Judge Jennifer M. Rozzoni: Status Conference held on 9/11/2023. (kms) Modified date on 9/14/2023 (vh). (Entered: 09/13/2023)
2023-09-1320ORDER SETTING PRODUCTION DEADLINE ANDTELEPHONIC STATUS CONFERENCE by Magistrate Judge Jennifer M. Rozzoni. Status Conference set for 10/6/2023 at 09:30 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jennifer M. Rozzoni. (kms) (Entered: 09/13/2023)
2023-09-1320ORDER SETTING PRODUCTION DEADLINE ANDTELEPHONIC STATUS CONFERENCE by Magistrate Judge Jennifer M. Rozzoni. Status Conference set for 10/6/2023 at 09:30 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jennifer M. Rozzoni. (kms) (Entered: 09/13/2023)
2023-10-0621Clerk's Minutes for proceedings held before Magistrate Judge Jennifer M. Rozzoni: Status Conference held on 10/6/2023. (kms) (Entered: 10/06/2023)
2023-10-0622ORDER FOR STATUS REPORT AND SETTING PRODUCTION DEADLINE by Magistrate Judge Jennifer M. Rozzoni. Joint Status Report due 10/27/2023. (kms) (Entered: 10/06/2023)
2023-10-2723Joint Status Report by TC Company (Weisman, Cynthia) (Entered: 10/27/2023)
2023-10-3024Status Report Order by Magistrate Judge Jennifer M. Rozzoni. Per the parties' request in their Joint Status Report filed on October 27, 2023 (Doc. 23), the parties are hereby ordered to file another joint status report on or before November 13, 2023. The status report should update the Court on the progress of the FOIA dispute, including the plaintiffs' expert's review, and what steps the parties plan to take to move the case forward. If appropriate, the parties may include a proposed briefing schedule. [THIS IS A TEXT-ENTRY ORDER. THERE ARE NO DOCUMENTS ATTACHED.] (kms) (Entered: 10/30/2023)
2023-11-1325Joint Status Report by TC Company (Attachments: # 1 Exhibit 1) (Weisman, Cynthia) (Entered: 11/13/2023)
2023-11-1426STATUS REPORT ORDER by Magistrate Judge Jennifer M. Rozzoni. Status Report due by 11/27/2023. The status report should update the Court on the progress of the FOIA dispute, including the plaintiffs' expert's review, and what steps the parties plan to take to move the case forward. If appropriate, the parties may include a proposed briefing schedule. [THIS IS A TEXT-ENTRY ONLY. THERE ARE NO DOCUMENTS ATTACHED.] (ccp) (Entered: 11/14/2023)
2023-11-2727Joint Status Report by United States Forest Service (Lucero, Manuel) (Entered: 11/27/2023)
2023-11-2728STATUS REPORT ORDER by Magistrate Judge Jennifer M. Rozzoni. Status Report due by 12/11/2023. The status report should update the Court on the progress of the FOIA dispute, including the plaintiffs' expert's review, and what steps the parties plan to take to move the case forward. If appropriate, the parties may include a proposed briefing schedule. [THIS IS A TEXT-ENTRY ONLY. THERE ARE NO DOCUMENTS ATTACHED.] (kms) (Entered: 11/27/2023)
2023-11-2729ORDER SETTING TELEPHONIC STATUS CONFERENCE by Magistrate Judge Jennifer M. Rozzoni. Status Conference set for 12/13/2023 at 02:00 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jennifer M. Rozzoni. (kms) Modified on 11/27/2023 (dr). (Entered: 11/27/2023)
2023-12-1130STATUS REPORT by United States Forest Service (Lucero, Manuel) (Entered: 12/11/2023)
2023-12-1231ORDER by Magistrate Judge Jennifer M. Rozzoni VACATING status conference set for 12/13/2023 at 2:00 p.m. and SETTING Status Conference for 1/8/2024 at 02:00 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jennifer M. Rozzoni. (ccp) (Entered: 12/12/2023)
2024-01-0832DECLARATION of Lucas Woolf by TC Company (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Weisman, Cynthia) (Entered: 01/08/2024)
2024-01-0833Clerk's Minutes for proceedings held before Magistrate Judge Jennifer M. Rozzoni: Status Conference held on 1/8/2024. (kms) (Entered: 01/08/2024)
2024-01-0834ORDER TO FILE AFFIDAVIT by Magistrate Judge Jennifer M. Rozzoni. Affidavit due 1/22/2024. (kms) (Entered: 01/08/2024)
2024-01-1935DECLARATION re 34 Order to file affidavit of search by United States Forest Service (Attachments: # 1 Affidavit) (Lucero, Manuel) (Entered: 01/19/2024)
2024-01-2336ORDER SETTING TELEPHONIC STATUS CONFERENCE by Magistrate Judge Jennifer M. Rozzoni. Status Conference set for 2/22/2024 at 11:00 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jennifer M. Rozzoni. (kms) (Entered: 01/23/2024)
2024-02-2237Unopposed MOTION to Vacate 36 Order, Set Hearings, 35 Declaration and to reset Status Conference by United States Forest Service. (Lucero, Manuel) (Entered: 02/22/2024)
2024-02-2238ORDER by Magistrate Judge Jennifer M. Rozzoni granting 37 Unopposed Motion to Vacate and Reset Status Conference. The status conference set for 2/22/24 at 11:00 a.m. is VACATED. The Court will reset the status conference by separate order. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ccp) (Entered: 02/22/2024)
2024-02-2239ORDER by Magistrate Judge Jennifer M. Rozzoni. Status Conference set for 3/26/2024 at 09:30 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jennifer M. Rozzoni. (ccp) (Entered: 02/22/2024)
2024-03-2640Clerk's Minutes for proceedings held before Magistrate Judge Jennifer M. Rozzoni: Status Conference held on 3/26/2024. (Recording Info: Liberty-MARS) (kms) (Entered: 03/26/2024)
2024-03-2641ORDER SETTING TELEPHONIC STATUS CONFERENCE by Magistrate Judge Jennifer M. Rozzoni. Status Conference set for 4/26/2024 at 03:30 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jennifer M. Rozzoni. (kms) (Entered: 03/26/2024)
2024-04-1842ORDER RESETTING TELEPHONIC STATUS CONFERENCE TIME by Magistrate Judge Jennifer M. Rozzoni. Status Conference set for 4/26/2024 at 01:00 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jennifer M. Rozzoni. (kms) (Entered: 04/18/2024)
2024-04-2643Clerk's Minutes for proceedings held before Magistrate Judge Jennifer M. Rozzoni: Status Conference held on 4/26/2024. (Recording Info: Liberty: MARS-Abq) (kms) (Entered: 04/26/2024)
2024-04-2644ORDER SETTING TELEPHONIC STATUS CONFERENCE by Magistrate Judge Jennifer M. Rozzoni. Status Conference set for 5/22/2024 at 01:30 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jennifer M. Rozzoni. (kms) (Entered: 04/26/2024)
2024-05-1745ORDER RESETTING TELEPHONIC STATUS CONFERENCE by Magistrate Judge Jennifer M. Rozzoni. Status Conference set for 5/21/2024 at 11:00 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jennifer M. Rozzoni. (kms) (Entered: 05/17/2024)
2024-05-2146***FILED IN ERROR*** Clerk's Minutes for proceedings held before Magistrate Judge Jennifer M. Rozzoni: Status Conference held on 5/21/2024. (Recording Info: Liberty-MARS) (ccp) Modified on 5/22/2024 (jg). (Entered: 05/21/2024)
2024-05-2147ORDER SETTING BRIEFING SCHEDULE by Magistrate Judge Jennifer M. Rozzoni. Motions for Summary Judgment are due by 6/21/24. Responses due by 7/12/24. Replies, if any, due by 7/19/24. [THIS IS A TEXT-ENTRY ONLY. THERE ARE NO DOCUMENTS ATTACHED.] (ccp) (Entered: 05/21/2024)
2024-05-2248Clerk's Minutes for proceedings held before Magistrate Judge Jennifer M. Rozzoni: Status Conference held on 5/21/2024. (Recording Info: Liberty-MARS) (ccp) (Entered: 05/22/2024)
2024-06-2149MOTION for Summary Judgment by United States Forest Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Lucero, Manuel) (Entered: 06/21/2024)
2024-06-2150MOTION for Summary Judgment for Violations of the Freedom of Information Act and Memorandum In Support by TC Company. (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 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38) (Weisman, Cynthia) (Entered: 06/21/2024)
2024-06-2151NOTICE by TC Company re 50 MOTION for Summary Judgment for Violations of the Freedom of Information Act and Memorandum In Support of Replacement Exhibit 1 to Doc 50 (Attachments: # 1 Exhibit 1) (Weisman, Cynthia) (Entered: 06/21/2024)
2024-07-0952NOTICE by TC Company Notice of Extension (Weisman, Cynthia) (Entered: 07/09/2024)
2024-07-1153Unopposed MOTION for Extension of Time to File Response/Reply as to 47 Order, Regarding Motions for Summary Judgment by United States Forest Service. (Lucero, Manuel) (Entered: 07/11/2024)
2024-07-1154ORDER by Magistrate Judge Jennifer M. Rozzoni granting 53 Unopposed Motion for Extension of Time to File Responses/Replies. Responses to motions for summary judgment (Docs. 49, 50) due by 8/16/2024. Replies due by 8/30/2024. (ccp) (Entered: 07/11/2024)
2024-08-1655RESPONSE to Motion re 49 MOTION for Summary Judgment PLAINTIFFS RESPONSE TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND MEMORANDUM IN SUPPORT filed by TC Company. (Attachments: # 1 Exhibit USFS SF95 resp letter 5-14-2024 to TC Co, # 2 Exhibit 10-5-23 Email (Clean version of Doc. 50-9)) (Dow, Mark) (Entered: 08/16/2024)
2024-08-1656RESPONSE in Opposition re 50 MOTION for Summary Judgment for Violations of the Freedom of Information Act and Memorandum In Support filed by United States Forest Service. (Attachments: # 1 Exhibit A: Declaration) (Lucero, Manuel) (Entered: 08/16/2024)
2024-08-2757Unopposed MOTION for Extension of Time to File Response/Reply as to 54 Order on Motion for Extension of Time to File Response/Reply by United States Forest Service. (Lucero, Manuel) (Entered: 08/27/2024)
2024-08-2758ORDER by Magistrate Judge Jennifer M. Rozzoni granting 57 Second Unopposed Motion to Extend Briefing Schedule. Replies to motions for summary judgment (Docs. 49, 50) due by 9/6/2024. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ccp) (Entered: 08/27/2024)
2024-09-0659REPLY to Response to Motion re 49 MOTION for Summary Judgment filed by United States Forest Service. (Attachments: # 1 Exhibit A) (Lucero, Manuel) (Entered: 09/06/2024)
2024-09-0660REPLY to Response to Motion re 50 MOTION for Summary Judgment for Violations of the Freedom of Information Act and Memorandum In Support PLAINTIFFS REPLY TO DEFENDANTS RESPONSE TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT FOR VIOLATIONS OF THE FREEDOM OF INFORMATION ACT filed by TC Company. (Dow, Mark) (Entered: 09/06/2024)
2024-09-0661NOTICE of Briefing Complete by TC Company re 50 MOTION for Summary Judgment for Violations of the Freedom of Information Act and Memorandum In Support filed by TC Company (Dow, Mark) (Entered: 09/06/2024)
2024-09-0662NOTICE of Briefing Complete by United States Forest Service re 49 MOTION for Summary Judgment filed by United States Forest Service (Lucero, Manuel) (Entered: 09/06/2024)
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