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Case TitleWestern Energy Alliance v. United States Geological Survey
DistrictDistrict of Colorado
CityDenver
Case Number1:2014cv01282
Date Filed2014-05-06
Date Closed2014-12-12
JudgeMagistrate Judge Kristen L. Mix
PlaintiffWestern Energy Alliance a Colorado, non-profit organization
Case DescriptionThe Western Energy Alliance, a regional trade association, submitted two FOIA requests to the U.S. Geological Survey. The first request was for the peer reviews and underlying data for a report by Steven Knick entitled "Modeling Ecological Minimum Requirements for Distribution of Greater Sage-Grouse Leks." The second FOIA request was for information about how peer review was conducted for another report, "Summary of Science, Activities, Programs and Policies that Influence the Rangewide Conservation of Greater Sage-Grouse." The agency acknowledged receipt of the requests and indicated that they would need to take an extension to respond. The agency's response included some, but not all, the information the Alliance was seeking. The Alliance appealed and the agency instructed USGS to provide more information. However, having heard nothing further from the agency since the appeal decision, the Alliance filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Geological Survey a federal agency within the United States Department of the Interior
Documents
Docket
Complaint
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Opinion/Order [12]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-05-061COMPLAINT for Declaratory and Injunctive Relief against United States Geological Survey (Filing fee $ 400,Receipt Number 1082-3857417)Attorney Kent H. Holsinger added to party Western Energy Alliance(pty:pla), filed by Western Energy Alliance. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit G-1, # 9 Exhibit G-2, # 10 Exhibit G-3, # 11 Exhibit G-4, # 12 Exhibit G-5, # 13 Exhibit G-6, # 14 Exhibit G-7, # 15 Exhibit G-8, # 16 Exhibit H, # 17 Exhibit I, # 18 Exhibit J, # 19 Exhibit K, # 20 Civil Cover Sheet)(Holsinger, Kent) (Entered: 05/06/2014)
2014-05-062Case assigned to Judge Richard P. Matsch and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry (dbera, ) (Entered: 05/07/2014)
2014-05-073Magistrate Judge Consent Form issued pursuant to Local Rule (dbera, ) (Entered: 05/07/2014)
2014-05-074SUMMONS REQUEST as to U.S. Attorney General, Civil-Process Clerk, U.S. Geological Survey by Plaintiff Western Energy Alliance. (Attachments: # 1 Summons, # 2 Summons)(Holsinger, Kent) (Entered: 05/07/2014)
2014-05-085SUMMONS issued re 4 by Clerk. Magistrate Judge Consent form issued pursuant to Local Rule. (Attachments: # 1 Summons, # 2 Summons, # 3 Mag. Consent) (jsmit) (Entered: 05/08/2014)
2014-05-086CORPORATE DISCLOSURE STATEMENT. (Holsinger, Kent) (Entered: 05/08/2014)
2014-05-087NOTICE OF CASE ASSOCIATION by Plaintiff Western Energy Alliance (Holsinger, Kent) (Entered: 05/08/2014)
2014-05-288NOTICE of Entry of Appearance by Zeyen Julian Wu on behalf of United States Geological SurveyAttorney Zeyen Julian Wu added to party United States Geological Survey(pty:dft) (Wu, Zeyen) (Entered: 05/28/2014)
2014-06-039STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant United States Geological Survey. United States Geological Survey answer due 6/30/2014. (Wu, Zeyen) (Entered: 06/03/2014)
2014-06-2310AFFIDAVIT/RETURN of Service of Complaint and Summons upon U.S. Geological Survey, U.S. Attorney, Attorney General on 5/8/2014, filed by Plaintiff Western Energy Alliance (Attachments: # 1 Affidavits of Service)(Holsinger, Kent) (Entered: 06/23/2014)
2014-06-2611ANSWER to 1 Complaint,, by United States Geological Survey.(Wu, Zeyen) (Entered: 06/26/2014)
2014-06-3012ORDER Setting Scheduling Conference for 8/20/2014 at 11:30 AM in Conference Room, proposed order (original only) on paper, shall be submitted directly to chambers by 4:00 p.m. on August 14, 2014, lead counsel present in person, and initial disclosures under Rule 26(a)(1) will be completed no later than 10 calendar days before the scheduling conference, by Judge Richard P. Matsch on 6/30/2014. (jsmit) (Entered: 06/30/2014)
2014-08-2013SCHEDULING ORDER: Discovery due by 11/17/2014 and Dispositive Motions due by 12/17/2014, by Judge Richard P. Matsch on 8/20/2014. (jsmit) (Entered: 08/20/2014)
2014-08-2014Courtroom Minutes for Scheduling Conference held on 8/20/2014 before Judge Richard P. Matsch. FTR: K. Terasaki. (jsmit) (Entered: 08/20/2014)
2014-09-1915AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against United States Geological Survey, filed by Western Energy Alliance. (Attachments: # 1 Exhibit A - Knick Report FOIA Request, # 2 Exhibit B - Science Summary FOIA Request, # 3 Exhibit C - Knick Report Notice of Receipt, # 4 Exhibit D - First Notice of Extension, # 5 Exhibit E - Second Notice of Extension, # 6 Exhibit F - Knick Report FOIA Response, # 7 Exhibit G - Science Summary FOIA Response Letter, # 8 Exhibit G-1 - Science Summary FOIA Response-Part 1, # 9 Exhibit G-2 - Science Summary FOIA Response-Part 2, # 10 Exhibit G-3 - Science Summary FOIA Response-Part 3, # 11 Exhibit G-4 - Science Summary FOIA Response-Part 4, # 12 Exhibit G-5 - Science Summary FOIA Response-Part 5, # 13 Exhibit G-6 - Science Summary FOIA Response-Part 6, # 14 Exhibit G-7 - Science Summary FOIA Response-Part 7, # 15 Exhibit G-8 - Science Summary FOIA Response-Part 8, # 16 Exhibit H - Knick Report FOIA Appeal with Exhibits, # 17 Exhibit I - Science Summary FOIA Appeal with Exhibits, # 18 Exhibit J - Knick Report Appeal Decision, # 19 Exhibit K - Science Summary Appeal Decision)(Holsinger, Kent) (Entered: 09/19/2014)
2014-09-1916Exhibits in Support of 15 Amended Complaint,,,, FOR DECLARATORY AND INJUNCTIVE RELIEF by Plaintiff Western Energy Alliance. (Holsinger, Kent) (Entered: 09/19/2014)
2014-09-2217ERRATA re 15 Amended Complaint,,,, by Plaintiff Western Energy Alliance. (Holsinger, Kent) (Entered: 09/22/2014)
2014-10-0618ANSWER to 15 Amended Complaint,,,, by United States Geological Survey.(Wu, Zeyen) (Entered: 10/06/2014)
2014-12-0119CERTIFICATE of Mailing/Service re 3 Magistrate Judge Consent Form by Plaintiff Western Energy Alliance. (Holsinger, Kent) (Entered: 12/01/2014)
2014-12-0120CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Western Energy Alliance. (Attachments: # 1 Proposed Order (PDF Only) Order of Reference Pursuant to 28 U.S.C. 636(C))(Holsinger, Kent) (Entered: 12/01/2014)
2014-12-0221ORDER OF REFERENCE pursuant to 28 U.S.C. § 636 (c) Upon Consent to Jurisdiction of Magistrate Judge by Judge Richard P. Matsch on 12/2/2014. (evana, ) (Entered: 12/02/2014)
2014-12-0222CASE REASSIGNED. pursuant to 28 U.S.C. § 636 (c) 21 Order on Consent to Jurisdiction of Magistrate Judge. This case is reassigned to Magistrate Judge Kristen L. Mix. All future pleadings should be designated as 14-cv-1282 KLM. (Text Only Entry) (evana, ) (Entered: 12/02/2014)
2014-12-0823STIPULATION of Dismissal of Case Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) by Plaintiff Western Energy Alliance. (Attachments: # 1 Proposed Order (PDF Only))(Holsinger, Kent) (Entered: 12/08/2014)
2014-12-1224MINUTE ORDER re: 23 Stipulation of Dismissal Pursuantto Fed. R. Civ. P. 41(a)(1)(A)(ii). IT IS HEREBY ORDERED that the Clerk of Court shall close this case in accordance with Fed. R. Civ. P. 41(a)(1)(A)(ii).IT IS FURTHER ORDERED that, if the parties are unable to resolve their dispute,Plaintiff shall file a motion for attorneys fees and costs on or before January 23, 2015. Defendant shall file a response on or before February 13, 2015. Plaintiff shall file a reply on or before February 27, 2015, by Magistrate Judge Kristen L. Mix on 12/12/14. (morti, ) (Entered: 12/12/2014)
2014-12-1225Civil Case Terminated pursuant to the notice of dismissal or stipulation to dismiss filed in this case on 12/12/14. Text Only Entry (morti, ) (Entered: 12/15/2014)
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