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Case TitleZehntner et al v. United States Forest Service et al
DistrictDistrict of Montana
CityHelena
Case Number6:2014cv00017
Date Filed2014-03-27
Date Closed2014-11-04
JudgeJudge Sam E Haddon
PlaintiffHoward Zehntner
PlaintiffZehntner Brothers LLC
Case DescriptionZehntner Brothers, a property holding company, submitted a FOIA request to the U.S. Forest Service for records concerning the location of a county road that the State of Montana claimed was within the boundaries of property owned by the Zehntner Brothers. The Zehntner Brothers also believed the Forest Service had influenced the State's suit. The agency classified the Zehntner Brothers as commercial requesters. After narrowing the request, the agency provided three CDs containing 2200 pages and charged the Zehntner Brothers $3,796 in fees. The Zehntner Brothers contended that at least 410 pages were duplicates and that the records did not include two Forest Service documents submitted by the State in its lawsuit. The Zehntner Brothers filed an administrative appeal and the agency upheld its decision seven months later. Zehntner Brothers then filed suit.
Complaint issues: Fee Category - Commercial

DefendantUnited States Forest Service
DefendantUnited States Department of Agriculture
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-03-271COMPLAINT against United States Department of Agriculture, United States Forest Service, filed by Zehntner Brothers, Howard Zehntner. (Attachments: # 1 Civil Cover Sheet) (HEG, ) (Entered: 03/28/2014)
2014-03-27Filing fee rcv'd: $ 400, receipt number 0977-1382958 (HEG, ) Modified on 4/1/2014 to correct date received(HEG, ). (Entered: 03/28/2014)
2014-03-282Summons Issued as to United States Department of Agriculture, United States Forest Service, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Holder Summons, # 2 Romero Summons, # 3 Tidwell Summons, # 4 Vilsack Summons). All original issued summonses mailed to counsel for service. (HEG, ) (Entered: 03/28/2014)
2014-03-282Summons Issued as to United States Department of Agriculture, United States Forest Service, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Holder Summons, # 2 Romero Summons, # 3 Tidwell Summons, # 4 Vilsack Summons). All original issued summonses mailed to counsel for service. (HEG, ) (Entered: 03/28/2014)
2014-04-013Letter from Clerk of Court, Tyler P. Gilman notifying Attorney Susan Swimley of the requirements of CM/ECF registration. Letter mailed to cnsl Swimley on today's date. (HEG, ) (Entered: 04/01/2014)
2014-04-034AMENDED COMPLAINT by Howard Zehntner, Zehntner Brothers. Amendment to 1 Complaint . (Lund, Hertha) Modified on 4/3/2014 TO CORRECT EVENT TEXT (HEG, ). (Entered: 04/03/2014)
2014-04-035Notice of Correction: re 4 Amended Document. The filing error relates to: Incorrect Docket Event used. See the attached document for a brief description of the error made. (HEG, ) (Entered: 04/03/2014)
2014-05-13Remark: Attorney Susan Swimley is now a registered e-filer and will receive electronic notifications. (HEG, ) (Entered: 05/13/2014)
2014-05-296SUMMONS Returned Executed by Zehntner Brothers, Howard Zehntner. United States Department of Agriculture served on 4/9/2014, answer due 6/9/2014. (Lund, Hertha) (Entered: 05/29/2014)
2014-05-297SUMMONS Returned Executed by Zehntner Brothers, Howard Zehntner. United States Department of Agriculture served on 4/8/2014, answer due 6/9/2014. (Lund, Hertha) (Entered: 05/29/2014)
2014-05-298SUMMONS Returned Executed by Zehntner Brothers, Howard Zehntner. United States Department of Agriculture served on 4/9/2014, answer due 6/9/2014. (Lund, Hertha) (Entered: 05/29/2014)
2014-05-299SUMMONS Returned Executed by Zehntner Brothers, Howard Zehntner. United States Forest Service served on 4/8/2014, answer due 6/9/2014. (Lund, Hertha) (Entered: 05/29/2014)
2014-06-0210SUMMONS Returned Executed by Zehntner Brothers, Howard Zehntner. (Lund, Hertha) (Entered: 06/02/2014)
2014-06-0511Defendants' ANSWER to Amended Complaint 4 (First Amended Complaint) by United States Department of Agriculture, United States Forest Service. (Francis, Victoria) Modified on 6/5/2014 to add relationship to Amended Complaint (HEG, ). (Entered: 06/05/2014)
2014-06-0512PRELIMINARY PRETRIAL CONFERENCE ORDER: Preliminary Pretrial Statement due by 7/7/2014. Joint Discovery Plan due by 7/7/2014. Preliminary Conference to develop a case management plan is set for 7/16/2014 at 10:00 AM in Helena, MT before Judge Sam E Haddon. Signed by Judge Sam E Haddon on 6/5/2014. (HEG, ) Modified on 6/5/2014 to add text(HEG, ). (Entered: 06/05/2014)
2014-07-0713PRELIMINARY PRETRIAL STATEMENT by United States Department of Agriculture, United States Forest Service. Docketed by Clerk's office due to tech difficulties with ECF this date. (DED, ) (Entered: 07/07/2014)
2014-07-0714FD Proposed CASE MANAGEMENT PLAN by United States Department of Agriculture, United States Forest Service. Docketed by clerk's office due to ECF difficulties this date. (DED, ) (Entered: 07/07/2014)
2014-07-0715PRELIMINARY PRETRIAL STATEMENT by Howard Zehntner, Zehntner Brothers. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B) (Lund, Hertha) (Entered: 07/07/2014)
2014-07-0716JOINT DISCOVERY PLAN by Howard Zehntner, Zehntner Brothers. (Lund, Hertha) (Entered: 07/07/2014)
2014-07-1017Order Resetting: Preliminary Pretrial Conference set for 7/16/2014 at 09:00 AM in Helena, MT before Judge Sam E Haddon. Signed by Judge Sam E Haddon on 7/10/2014. (DED, ) (Entered: 07/10/2014)
2014-07-16MINUTE ENTRYMinute Entry for proceedings held before Judge Sam E Haddon: Initial Pretrial Conference held on 7/16/2014. (LJF, Lisa) (Entered: 07/16/2014)
2014-07-1618SCHEDULING ORDER: Amended Pleadings and Joinder of Parties due by 8/1/2014. Discovery closes 10/31/2014. PLEASE READ ENTIRE ORDER FOR ADDITIONAL DEADLINES. Signed by Judge Sam E Haddon on 7/16/2014. (HEG, ) (Entered: 07/16/2014)
2014-07-1819AMENDED DOCUMENT by United States Department of Agriculture, United States Forest Service. Amendment to 11 Answer to Complaint, [DEFENDANTS' AMENDED ANSWER TO FIRST AMENDED COMPLAINT] . (Francis, Victoria) (Entered: 07/18/2014)
2014-09-0520STATUS REPORT (United States Department of Agriculture Search Results Report) by United States Department of Agriculture, United States Forest Service. (Francis, Victoria) (Entered: 09/05/2014)
2014-09-0521AFFIDAVIT/DECLARATION re 20 Status Report (Declaration of Angie Monaco) by United States Department of Agriculture, United States Forest Service. (Francis, Victoria) (Entered: 09/05/2014)
2014-09-1822NOTICE by United States Department of Agriculture, United States Forest Service (of Administrative Record Documents) (Francis, Victoria) (Entered: 09/18/2014)
2014-09-1823AFFIDAVIT/DECLARATION re 22 Notice (Other) (Declaration of Robert L. Dennee) by United States Department of Agriculture, United States Forest Service. (Francis, Victoria) (Entered: 09/18/2014)
2014-09-1824AFFIDAVIT/DECLARATION re 22 Notice (Other) (Second Declaration of Angie Monaco) by United States Department of Agriculture, United States Forest Service. (Francis, Victoria) (Entered: 09/18/2014)
2014-09-1925Administrative Record. Rcv'd Administrative Record with Binder of Index and 5 Discs and retained on open civil shelf in Helena clerk's office. (HEG, ) (Additional attachment(s) added on 9/22/2014: # 1 FOIA Correspondence, # 2 FOIA Released Records, # 3 Court Ordered Documents) (HEG, ). Modified on 9/22/2014 Additional documents added on 9/22 and NEF regenerated to all parties(HEG, ). (Entered: 09/19/2014)
2014-11-0326STIPULATION of Dismissal [STIPULATION TO SETTLE AND DISMISS] by United States Department of Agriculture, United States Forest Service. (Francis, Victoria) (Entered: 11/03/2014)
2014-11-0327Unopposed MOTION to Dismiss with Prejudice Victoria L. Francis appearing for Defendants United States Department of Agriculture, United States Forest Service (Attachments: # 1 Text of Proposed Order) (Francis, Victoria) (Entered: 11/03/2014)
2014-11-0428ORDER granting 27 Motion to Dismiss. This action is dismissed with prejudice as being fully settled under the terms of the stipulation. Each party shall pay their own costs, disbursements and attorney fees. It Is Further Ordered that the parties shall abide with the terms of the Stipulation to Settle and Dismiss. Signed by Judge Sam E Haddon on 11/4/2014. (HEG, ) (Entered: 11/04/2014)
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